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Showing posts with label civil society. Show all posts
Showing posts with label civil society. Show all posts

Tuesday, July 27, 2021

Pegasus spyware worries rights group

SALEEM SAMAD

In neighbouring India, opposition Congress lawmakers in the Indian parliament are at loggerheads with the ruling Bharatiya Janata Party (BJP), as anti-cybercrime firms report claims that opposition leader Rahul Gandhi was “interest to clients” by Pegasus spyware along with 300 politicians, journalists, human rights defenders, and government officials in India.

Recently, a consortium of 17 global media outlets published leaked reports stating that Pegasus spyware developed by the Israeli firm NSO was used to hack into the phones of thousands of people across the world.

The tsunami of global outrage sparked after non-profit journalism organization Forbidden Stories released a major new investigation into NSO Group on July 18. The investigation exposed widespread global targeting with the Pegasus spyware.

On request of Forbidden Stories and Amnesty International, Canada-based Citizen Lab undertook an independent investigation based on forensic methodology. The forensic investigation reveals the dark surveillance market of spyware manufacturers used against “interest to clients.”

Allegations that mostly authoritarian governments used phone spyware or malware capable of spying on journalists, critics, opposition, and heads of state have “exposed a global human rights crisis,” according to Amnesty International.

Pegasus can access both Android phones and iPhones, keeping the user unaware of the secret surveillance. Data thieves stealthily retrieve call lists, SMS, contact lists, photos, and geo-location from phones without the knowledge of the user.

This is the world’s only organized secret surveillance -- a crime which pays back in huge cash. The spyware masters earn millions of dollars against installation, service charges, and other fees. Diving deep into the issue of spyware, it is indeed a very expensive electronic spy.

NSO comes from three founding members’ initial names in 2010. The firm employs 500 dedicated IT experts in command and control centres in the client’s hub. The small team of the former Israeli intelligence agency Mossad Special Unit produced the controversial product for clients mostly in authoritarian and despotic regimes in Latin America, Africa, Middle-East, South Asia, and beyond.

The NSO website describes that their company creates technology to help governments and agencies prevent terrorism, break up paedophilia on the dark web, and prevent sex trafficking, money laundering, drug trafficking, and other organized crimes across the globe.

In a naive statement, the NSO official website says that the spyware can help rescue missing or abducted children, survivors trapped under building collapses, and victims of natural disasters.

Besides Pegasus, there are four other known manufacturers which also produce spyware and provide services to clients. The other products in the surveillance market are Dropout Jeep, RCS Android, Exodus, and PG-GEO. Nevertheless, Pegasus is an all-in-one spyware and has reason for being expensive.

In 2020, media rights organization Reporters Without Borders (RSF) branded NSO Group as a “digital predator” and reiterated its aim to punish NSO for the cyber crimes which infringed on privacy and freedom of speech.

In the United States and Pakistan, Cambridge Analytica misused intimate personal Facebook data to micro-target and influence swing voters in the last elections of Donald Trump, and Imran Khan’s in Pakistan.

It was alarming for civil society, when Amnesty launched a ground-breaking report in November 2019 on how the surveillance-based business models of companies like Facebook and Google undermine fundamental rights, including the right to privacy and freedom of expression.

Nonetheless, rights organizations expressed a clear danger for freedom of opinion and expression, especially preying on journalism, which is guaranteed by article 19 of the Universal Declaration of Human Rights.

Rights groups around the world called for accountability in spyware sales and urged nations to wake up to a responsible international standard for snooping.

First published in the Dhaka Tribune, 27 July 2021

Saleem Samad is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He can be reached at saleemsamad@hotmail.com; Twitter @saleemsamad

Tuesday, May 12, 2020

Cybercrime laws continue to silence journalists, writers and whistleblowers in Bangladesh

SALEEM SAMAD
The global outburst after a series of arrests, detentions, harassments, and intimidation of journalists and whistleblowers in Bangladesh amid lockdown in response to the coronavirus pandemic has shaken the myth of transparency and accountability of the Covid-19 healthcare management and food aid to disadvantaged people.
The outburst of civil society and rights group after 11 persons, including journalists, writers, cartoonists, bloggers, and micro-bloggers on social media were arrested and booked under the controversial Digital Security Act, allegedly for “spreading rumours and misinformation on Facebook.”
Among the dozen accused under cybercrime laws, the arrests of writer Mushtaq Ahmed, cartoonist Ahammed Kabir Kishore, social justice activist Didarul Islam Bhuiyan, and stockbroker Minhaz Mannan Emon have sparked protests by the civil society and media too.
An aide-memoire, that Minhaz Mannan’s brother is Xulhas Mannan, who was brutally hacked to death in April 2016 for publication of a gay rights magazine Roopbaan.
The four whistleblowers were slapped with cybercrime laws Section 21, Section 25(1) (b), Section 31, and Section 35 for “knowingly posting rumours against the father of the nation, the liberation war, and the coronavirus pandemic to negatively affect the nation’s image,” and to “cause the law and order situation to deteriorate,” which their colleagues and relatives denied.
Regrettably, the cybercrime laws were never applied for the disreputable sermons of the “waz-mongers” on social media for spreading rumours regarding the coronavirus pandemic.
The “waz-mongers” often dare to vilify the Liberation War, state constitution, national flag, national anthem, women’s empowerment, women’s leadership, secularism, Ekushey February, Pahela Baishakh, and whatnot.
Possibly, I have not missed hearing any of the Muslim zealots been booked under the Digital Security Act? The controversial law is deliberately misapplied to silence the journalists, writers, and whistleblowers.
The digital security laws, instead of checking for cyber crimes, hackers, mongers, fake news, and sexual harassment on social media, the laws were discriminately applied only against journalists and whistleblowers.
In a flashback of my ordeal in November 2002 during the repressive regime of Khaleda Zia, I was arrested and tortured in police custody. British TV Channel 4 hired me as fixer for a documentary on the widespread persecution of Hindus post-elections on October 1, 2001.
I was arrested along with two British and Italian TV crew, war-crimes historian Prof Muntassir Mamoon, and writer and documentary filmmaker Shahriar Kabir. We were charged under sedition laws and accused of defilement of the image of Bangladesh.
Fortunately, the superior court had rescued us from being awarded the death penalty.
It was understood how much the High Court judges were angry with the regime. How much the mainstream media in Bangladesh was frustrated with Khaleda’s administration for hobnobbing with the anti-liberation nexus.
The Bangladesh Federal Union of Journalists criticized the detention of several journalists under the controversial Digital Security Act. Since 2018, 180 journalists have been intimidated by the cybercrime law, which challenges the justice system, the statement read.
Finally, the Sampadak Parishad (Editors’ Council) has once again reiterated its demand to repeal the notorious Digital Security Act.
If the state allows the police and civil administration to discipline the media, they will surely shrink the space for freedom of expression, which will undermine the tenets of democracy and the elected government too.

First published in the Dhaka Tribune, 12 May 2020

Saleem Samad is an independent journalist, media rights defender, recipient of Ashoka Fellow, and Hellman-Hammett Award. Twitter: @saleemsamad; he could be reached at saleemsamad@hotmail.com

Sunday, October 13, 2019

Condemn Criminalizing Freedom Of Expression


Media Statement
FREEDOM OF EXPRESSION NETWORK OF BANGLADESH

Media rights defenders of Bangladesh in strong words deplore the culture of impunity enjoyed by the perpetrators of free media.
[Dhaka, 13 October 2019]
We, the media rights defenders are worried about criminalizing freedom of expression, shrinking space for freedom of thought and impunity enjoyed by perpetrators.
We, are shocked that recently Abrar Fahad, a 21-year-old second-year student of a premier educational institution in the country, the Bangladesh University of Engineering and Technology (BUET) became a victim of freedom of expression, intolerance to opinion and culture of impunity from punishment.
We, lost words to describe that he was brutally tortured to death by fellow students of BUET, for his Facebook post in the small hours of October 7, which was found offensive by the perpetrators, mostly members of the ruling student organization, the Bangladesh Chhatra League (BCL).
We, stated that the gruesome murder is yet another glaring example of an attack on free speech, media freedom, freedom of thought, human rights and the rule of law in Bangladesh.
We, understand that the police in their preliminary investigation found that Abrar was tortured to death after the suspects (BCL members) were annoyed for his Facebook post, which was deemed critical of recently concluded Bangladesh deals with India.
We, are appalled that the BCL leaders allegedly seized his mobile phone and laptop and checked his Facebook account and found the status posted at 5:32 pm on October 5 was offensive, which was deemed offensive.
We, are unequivocal to state that the perpetrators of gruesome murders of Facebook users, bloggers, writers and journalists have escaped justice were due to the culture of impunity.
We, have documented that scores of journalists, human rights defenders, writers, and bloggers who mostly apolitical were slammed for unlawful online expression under the draconian cybercrime laws which criminalize online dissent and critiquing public affairs in Bangladesh.
We, deplore that Section 57 of the Information and Communication Technology (ICT) Act, later overshadowed with a new draconian law Digital Security Act 2018, has been widely criticized, because the law dares to curb freedom of expression and incite self-censorship.
We, recorded that soon after the notorious ICT law was enacted, many Facebook users were harassed by henchmen of the ruling political party and later arrested by police. The number of cases related to cybercrimes and filed under the Digital Security Act is on the rise.
We, reiterate our demand that the Government of Bangladesh must repeal the Digital Security Act, and squash all cases against people arbitrarily arrested under the act.
We, condemn the harassment of free speech practitioners under cyber-crime laws, which have created a culture of fear among citizens and self-censorship in mainstream media.
We, believe that in the absence of freedom of expression, the space for free speech is shrinking.
Endorsed and signed by members of Freedom of Expression Network of Bangladesh:
1.    Faruq Faisel, Article 19, Bangladesh
2.    Ahmed Swapan Mahmud, VOICE
3.    Saleem Samad, Reporters Without Borders (RSF)
4.   Khairuzzaman Kamal, International Federation of Journalists (IFJ)
5.   Dr. Aireen Jaman, Pen International, Bangladesh
6.   Sayeed Ahmad, Centre for Social Activism
7.    Pulack Ghatak, Media Rights Journalist
8.    Mainul Islam Khan, Committee to Protect Journalists (CPJ)
9.   Ahamed Ullah, Bangladesh Manabadhikar Sangbadik Forum (BMSF)

For more information, please contact Ahmed Swapan: +88-01711-881919; Saleem Samad: +88-01711-530207; Faruq Faisel: +88-01730-710267, or send emails: saleemsamad@hotmail.com; ahmed.swapan@gmail.com; faruq@article19.org

Monday, August 26, 2013

Religion and after: Bangladeshi identity since 1971

Angry Islamist demand for Islamic state governed by controversial Sharia law, which subjugates women

Secularism was one of the cornerstones of Bengali nationalism, but its spirit was enforced only by pen and paper. How can demands to ban religion from politics be satisfied?

The United Nations categorizes Bangladesh as a moderate Muslim democracy. Meanwhile, the current Foreign Minister called Bangladesh a secular country. She defined Bangladesh to be a "non-communal country” with a “Muslim majority population”. The Foreign Minister further added that the concept of a moderate Muslim democracy cannot be applied in the case of Bangladesh because it fought its war of independence on basis of the ideal of secularism. For Bangladesh, embracing religion or creating a secular identity has been a major contestation in the creation of its national identity. Identity questions for Bangladesh still stand: is it a country of secular Bengalis or Muslim Bangladeshis?

This split personality of Bangladesh confounds the international observer. For an outsider, it makes perfect sense to call it a moderate Muslim democracy as a Muslim majority population lives in a country that recognizes Islam as the state religion. Since the Shahbag movement has erupted with the demands of the death penalty for the war criminals, international media remains substantially silent about it. Perhaps one of the reasons could be their inability to comprehend why a population of Muslim origin are angered over using religion (read Islam) for political purposes? As we look at the issues brought forward by the Shahbag movement, we need to analyse it from a historical perspective. We are not talking about redressing the wound that was created 42 years back; rather how it was ‘silenced’ to maximize narrow political gains for the major political parties of the country.

'Secularism' in independent Bangladesh
Many point to the 1947 division of the subcontinent on the basis of the Two Nation theory with ‘religion’ at its core as the principle factor that tied religion to politics in this region. It was primarily the overwhelming support of the Muslims of Bengal in the 1946 election that decided the fate of the Two Nation theory. But does this mean that people of East Bengal supported the Two Nations theory with a religious fervour? The answer is quite the opposite. Historians have shown that support in East Bengal was mobilized with the aim of economic emancipation from West Bengal. The people of East Bengal gathered under the umbrella of Fazlul Haque’s leadership, who provided a non-communal approach to the issue of Hindu-Muslim relations and brought the economic issues to the forefront. As research shows, the massive support coming from the rural areas of Bengal for the dream of Pakistan was aimed at resolving their basic ‘dal-bhat’ (rice-lentil: considered Bengali people’s basic food at that period) problem. Islam was not the primary political mode of thought in Bengal nor was able to present itself as an ‘ideological’ alternative to the existing political thoughts.

However, the Two Nation Theory, formulated on the basis of Hindu-Muslim division, turned out to truly be a theory of two nations as it depicted East and West Pakistan as inherently different from each other. They do not understand why we subaltern Muslims do not agree to speak Urdu. They do not understand why we Muslims are mesmerized with the Hindu poet Tagore. While students protested Jinnah’s proclamation that, “Urdu, and only Urdu shall be the national language of Pakistan”, the seed of a new nation was sown as early as 1948 on the campus of the University of Dhaka. The Bengali Language Movement gave birth to the idea of a new nation, within the geographic border of former East Pakistan.

While secularism was one of the cornerstones of Bengali nationalism, its spirit was enforced only by pen and paper but not in practice - apprehension that secularism could be easily misinterpreted as atheism. Even while secularism was preached in the pre-1971 period, Article 2 of the Awami League’s election manifesto in 1970 stated that no law would be enacted against the dictums of the Quran and the Sunnah. Similarly, political leader Maulana Bhashani declared, “we want food and we want clothes but we do not want them excluding Allah”. Such contradictions extended far. Upon his return from Pakistan via London in 1972, at the one hand, Sheikh Mujib declared himself as a Muslim and Bangladesh as the second largest Muslim country as secularism was embedded as one of the four principles of the Constitution of the People’s Republic of Bangladesh.

Secularism versus religiosity
History shows that there was a public fear and rejection of secularism back in 1972. A public procession was carried out against it on the streets of Dhaka that chanted “Joy Bangla joy-heen, Lungi chere dhuti pin” on the day of the formal acceptance of the constitution. This particular slogan stated that the traditional Awami League slogan of Joy Bangla, i.e., victory to Bangladesh, became meaningless in independent Bangladesh and would be devoid of ‘victory’. Moreover, the traditional Bengali Muslim men’s attire lungi would be replaced by traditional Hindu men’s attire dhuti due to adoption of secularism as a state principle. The ultimate failure of the government, alongside rampant corruption, was to give in to these Islamic emphases by the regime of the Awami League in an attempt to regain its lost popularity. Simultaneously, as a reaction to the Awami League’s pen and paper commitment to ‘secularism’, the alternative was to embrace ‘religion’ in its fullest form and was manifested in Bangladeshi nationalism.

While the Shahbag movement is asking for a fair trial of war criminals, it cannot remain confined by only banning Jamaat-e-Islami’s politics or overall politics based on religion. Rather, the whole issue of secularism versus religiosity has to be taken into consideration to redress the way politicians have misused religion. We have not forgotten the electoral slogan of the Awami League, BNP and Jamaat-e-Islami during the 1996 election: La ilaha illallha, Naukar malik tui Allah (There is no God but Allah, and Allah is the Owner of boat); La ilaha illalha, Dhaner shishe Bismillah (There is no God but Allah, and Allah willing, vote for the paddy sheaf); Vote diley pallay, Khushi hobe Allah (Allah would be pleased if you vote for scale). It is a country where an electoral campaign still starts from Sylhet, by visiting Islamic shrines and seeking blessings of the Pirsfor a good result in election.

We have changed our traditional age-old greetings from ‘Khuda Hafiz’ to ‘Allah Hafiz’ with the excuse that ‘Allah’ is Arabic while ‘Khuda’ originates from Persian. We do not even know or probably do not even care about the fact that ‘hafiz’, an original Persian word and etymologically derived from Arabic ‘hifz’, remains attached with the phrase. But we are happy to replace Khuda with Allah with an aim to prove ourselves as true Muslims. Is that a true representation of Bangladesh, of our national culture? On a similar note, in any public gathering, it is excruciating to see how the sari, the traditional Bengali attire for women, is disappearing and is being increasingly replaced by salwar-kamiz. While the younger generation have embraced the latter with the excuse of it being more manageable and convenient, the older generation is much more direct in expressing how the sari is ‘unIslamic’ dress that reveals significant female body parts while salwar-kamiz does not.

Our whole national culture is in transition. Otherwise why is YouTube still banned in Bangladesh? Why is it necessary for the editor of a renowned newspaper to apologize to the Khatib of Baitul Mukarram over the publication of a cartoon that allegedly insulted religious sentiments? Not so long ago, Facebook was also banned in the country under the same accusation. Scholar Rafiuddin Ahmed indeed pointed it out very succinctly, “a Bengali Muslim may have seen himself primarily as a ‘Muslim’ the other day, as a ‘Bengali’ yesterday, and a ‘Bengali Muslim’ today, depending on objective conditions, but on none of these occasions did his thoughts and his idea of destiny become separated from his territorial identity”.

Secularism as a top-down approach
The fact remains that secularism cannot be imposed from the top, merely as a state directive. The term secularism itself was coined and introduced in the English vocabulary in 1851 by George Jacob Hollyake in order to create a conscious difference between secularism and atheism. It is the same tension that we face in our country right now. Moreover when secularism is imposed as a top-down approach, it looks like nothing short of an attempt to ‘catch up’ with the West or try to prove to the West that “look, we have denounced religion; we are modern too!” This is a typical crisis that non-Western societies face: how to define themselves as modern so the West understands. But what is overlooked here is that secularism cannot just be imposed as an ‘add and stir’ method, for non-Western societies have their own uniqueness to add both to the concepts of modernity and secularism.

There is no singular way to be modern; there is no singular way to be secular, especially not by incorporating it into the Constitution while ignoring the drastic changes in the social fabric of a country. Moreover, countless research shows that while a non-Western society is being modernized, it does not shake off its religious legacies and historical experiences. Rather its own values, culture and religion formulate the core of a resistance identity in response to the intrusion of Westernization. Secularism therefore cannot be perceived from only mainstream and liberal conceptions as it is presented through the Western lens.

As one scholar has put it, 1971 shows that Bangladesh rejected the Pakistani interpretation of fundamentalist Islam but this did not mean that Bangladesh has rejected Islam from its own identity. The inability of the elites to understand this fact has trapped them into the secular-religious divide. Schendel has rightly pointed out that the post-independent, or first leaders of Bangladesh failed to deliver the dreams of nationalism, secularism, socialism and democracy based on a vernacular cultural model. Such failure essentially led towards creating the dichotomy between the religious and the secular and between anti-1971 and pro-1971.

There is no legal way to tackle the rise of religiosity in Bangladesh. Instead, the failure to acknowledge these silent ‘religious’ transitions, where political parties are interested only in the bigger share of the pie using religion, will only add to the existing tension and divide the unity of the country further between the religious and the secular. Instead we must continue to implore why we are rapidly turning more religious than before, and why consider it a solemn duty to continuously project this religious identity.

First published in Open Democracy, 19 April 2013


Lailufar Yasmin is a doctoral student at Macquarie University, Sydney, Australia and teaches in International Relations at University of Dhaka, Bangladesh. Her research interest includes secularism, IR theory and Islam