Thursday, February 25, 2021

Constructing Panopticon: Israeli Surveillance Technology and its Implications for the Palestinians

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Vaishnavi Krishna Mohan

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Constructing Panopticon: Israeli Surveillance Technology and its Implications for the Palestinians

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Global Views 360

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February 25, 2021

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Israeli Surveillance Zeppelin near Gaza

Israeli Surveillance Zeppelin near Gaza | Source: The Aviationist

Jeremy Bentham, an English philosopher and social theorist designed ‘Panopticon’ in the late 18th century. The panopticon is an institutional building which Bentham describes as “a new mode of obtaining power of mind over mind in a quantity hitherto without example”. The structure's central observation tower, placed within a circle of prison cells, allows a watchman to monitor the inmates of the building without the dwellers knowing whether or not they are being watched. Although it is physically impossible for a single watchman to observe all the occupants at once, the fact that the inmates cannot know when they are being watched means that they are motivated to act as though they are being watched at all times. Thus, compelling the inmates to regulate their own behaviour.

Michel Foucoault, a French Philosopher, uses panopticon as a metaphor to explore relations between systems of social control and people in a disciplinary situation. For Foucault, the real danger was not that the individuals are repressed by the social order but the fact that when only certain people or groups of people control knowledge, oppression is a possibility. Contemporary society uses technology for the deployment of panoptic structures ‘invisibly’ throughout society.

This article gives an overview of the massive panopticon that is built and operated by Israel in Occupied Palestine.

Israel’s unaccountable military rule over its Palestinian citizens in east Jeruselum, West Bank and Gaza Strip have kept the Palestinians under constant surveillance and control. As per a report by Amitai Ziv on Haaretz, Israel’s surveillance operation against Palestinians is (as of 2019) “among the largest of its kind in the world. It includes monitoring the media, social media and the population as a whole.”

Among various mechanisms of surveillance, the technological mechanisms of surveillance and control deployed or proposed in the region of Gaza Strip is most empowering to Israel in terms of gathering ‘intelligence’. This includes use of biometric identity cards, Israeli access to Palestinian census data, almost complete access to and control of the telecommunication infrastructure in the Gaza Strip, the ability to track individuals via cell phone, large surveillance zeppelins which monitor the entire electromagnetic spectrum and which can usurp control of these from Palestinian operators (for instance sending text messages to subscribers targeting different demographics) as well as optical surveillance, facial recognition technology, remote controlled and robotic machine gun towers guarding the border that are capable of identifying a target and opening fire automatically—without human intervention.

In the context of occupation, the use of biometric ID cards of Israeli citizens is the sharpest seepage of control technologies.  For a long time, Israel has used a system of differentiated ID cards to distinguish between Jewish and Non-Jewish, citizens and residents of Israel, and citizens and residents of the occupied territories.

These ID cards also have a record of ethnic/religious affiliation of the person, and the ID numbers themselves are coded so as to reflect this information. One’s status of whether they are an Israeli or Palestinian, whether they are a citizen or a resident determines their freedom to travel, their ability to find jobs, and even their ability to get married and avail social benefits.  The Palestinians in East Jerusalem—which was annexed after the 1967 war—are considered as “conditional residents” and not citizens. According to a Human Rights Watch report, a resident of Palestine occupied Israel reported that the Israeli authorities refused to issue birth certificates to his five children, all born in Jerusalem. Other Jerusalem residents without residency status, in their testimonials, described being unable to legally work; obtain social welfare benefits; attend weddings and funerals; or visit gravely ill relatives abroad, for fear Israeli authorities would refuse to allow them to return home.

Another significant technological mechanism is the Facial recognition technology which has found its way into use by Israeli police. Facial recognition system, a globally controversial and scientifically flawed system is being used by the police force in Israel to identify protestors and is also implemented at airports and border crossings.

Israel has also ratcheted its social media surveillance, especially Facebook, Palestinians’ preferred platform. In October 2015, Israeli invasion at the Al-Aqsa Mosque angered several Palestinians. Many teenagers who didn’t belong to military wing or the Palestinian political faction orchestrated the attacks. The Israeli government blamed the social media for instigating the attacks and the military intelligence increased the monitoring of Palestinian social media accounts. Consequently, over 800 Palestinians were arrested for their posts on social media, particularly Facebook. It was later revealed that these arrests were a result of a policing system which uses algorithms to build profiles of supposed Palestinian attackers. This system proctors thousands of Palestinian Facebook accounts sifting for words like shaheed (martyr), Zionist state, Al Quds (Jerusalem), or Al Aqsa. Further, the algorithm identifies a “suspect” based on ‘prediction’ of violence. These targets are marked suspicious and are a potential target for arrest on the grounds of “incitement to violence”. The term incitement refers to all types of resistance to Israeli practices. The Israeli Army declared Military order 1651 in 2010, according to which, anyone who “attempts, orally or otherwise, to influence public opinion in the West Bank area in a manner which may harm public peace or public order” or “publishes words of praise, sympathy or support for a hostile organization, its actions or objectives,” will serve a jail time of 10 years. The order defines this as “incitement”. One notable instance has been the poetry of Dareen Tatour. She is a Palestinian citizen of Israel. She expressed her call to “resist” the occupiers through a poem she posted online in October 2015. The video had less than 300 views. But it resulted in nearly three years of house arrest and five months imprisonment. The Israeli government charged Tatour with inciting violence and terrorism while her poem was a call for a non-violent resistance. This incident is a classic demonstration of how Israel uses vague terminology to criminalize online activity when it serves its discriminatory interests.  

Israel’s military industrial complex is a profound enabler of the digital surveillance of Palestinians. The nation not only implements surveillance and control but also manufactures and exports a massive amount of military and cyber security technologies. A report published by Privacy International—an NGO that investigates government surveillance and companies—in 2016—stated that Israel has about 27 surveillance companies which is the highest per capita in terms of surveillance that any country has in the world.

The Guardian collected testimonies from people who worked in the Israeli Intelligence Corps to understand the big brother surveillance of the Palestinians. One of the testimonies revealed that commoners and even completely innocent people were under the radar of surveillance. The attestor stated “As a soldier in Unit 8200, I collected information on people accused of either attacking Israelis, trying to attack Israelis, desiring to harm Israelis, and considering attacking Israelis. I also collected information on people who were completely innocent, and whose only crime was that they interested the Israeli security system for various reasons. For reasons they had absolutely no way of knowing. All Palestinians are exposed to non-stop monitoring without any legal protection. Junior soldiers can decide when someone is a target for the collection of information. There is no procedure in place to determine whether the violation of the individual’s rights is necessarily justifiable. The notion of rights for Palestinians does not exist at all. Not even as an idea to be disregarded.”

Another testimonial exposed that the data collected was hardly in accordance with the security needs. The testimony stated, “Throughout my service, I discovered that many Israeli initiatives within the Palestinian arena are directed at things that are not related to intelligence. I worked a lot on gathering information on political issues. Some could be seen as related to objectives that serve security needs, such as the suppression of Hamas institutions, while others could not. Some were political objectives that did not even fall within the Israeli consensus, such as strengthening Israel’s stance at the expense of the Palestinian position. Such objectives do not serve the security system but rather agendas of certain politicians. One project in particular, was shocking to many of us as we were exposed to it. The information was almost directly transferred to political players and not to other sections of the security system. This made it clear to me that we were dealing with information that was hardly connected to security needs. We knew the detailed medical conditions of some of our targets, and our goals developed around them. I’m not sure what was done with this information. I felt bad knowing each of their precise problems, and that we would talk and laugh about this information freely. Or, for instance, that we knew exactly who was cheating on their wife, with whom, and how often.”

While hidden and unknown surveillance is prominent, Israel has also imposed explicit panopticon surveillance and restrictions on Palestinians in numerous cases. In the village of Beit Ijza, northwest of Jerusalem, the house of Gharib’s family has been enclosed by a 6-meter-high fence, cutting them off from their olive gardens and rest of the village as Israel claimed ownership of the land surrounding the Gharib family's house and created a West Bank settlement over there. The house was built in 1979 on land the family says has belonged to them from as far back as the Ottoman era. “Ever since Israel occupied the West Bank, Jews have been offering my father to sell the house,” Gharib says. “They even brought him a suitcase of money. He refused.” Now, their every move is filmed as cameras have been set up on the bars of the fence. Along with loss of privacy, the panopticon internalized omniscience prevents the Gharib family from taking radical steps to protect their rights. In Israeli military language this is called an “indicative fence” which is also equipped with sensors.  When the fence was built, the family had to negotiate by phone with the police at the nearby Atarot industrial zone every time they wanted to go out and or they had to get the Red Cross to help out. “Sometimes we waited for several hours for them to come and open it” Gharib said.

Constant surveillance in real life as well as digital space is definitely a critical human rights violation. While the case of Palestinians is unique given the Israeli military occupation, the fight for their rights is global. World leaders, governments, civil societies, social media giants and all internet users have an essential role in the battle for a surveillance and censorship free state.

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July 19, 2021 12:00 PM

The Blasphemy Law of Pakistan and its Implications

In Pakistan, Blasphemy results in a capital punishment in majority of cases. It is perhaps considered a crime worse than terrorism. A crucial case in point is the fact that the Pakistan’s Anti-Terrorism Court gave around 15 years jail term to two close aides of Hafiz Saeed—chief of the terrorist organization—Lashkar-e-Taiba—and mastermind behind 2008 Mumbai terrorist attacks—where at least 150 innocent people lost their lives.

Similarly, Zakiur Rehman Lakhvi—Lashkar-e-Taiba’s operation commander and another important figure involved in the 2008 Mumbai attack—was sentenced to 15 years in jail period. Not to mention—this happened amidst the international pressure on Pakistan for letting terrorists to function and roam freely within their country.

While something as violent as terrorism is dealt with lenient punishments, there are draconian laws for blasphemy in the country. Moreover, one can be accused of committing blasphemy—doesn’t matter if they did it or not—and might not even face a fair trial.

This article discusses what are the blasphemy laws and what are their implications while looking at some specific cases.

What are Pakistan’s Blasphemy laws?

What's called Blasphemy law today has its origins in the colonial era. The “offences relating to religion” were introduced by British in 1860, and were later expanded in 1927. These were sections 295 and 295-A from the Indian Penal Code. The laws were made to avoid religious disturbances, insult religious beliefs, or intentionally destroy or desecrate a place or an object of worship. Under the 295 and 295-A, the convicted were to be given a jail term from one year to ten years—with or without a fine.

Pakistan ended up inheriting these laws after the partition of India in 1947.

The laws were amended in 1982 and another clause was added which prescribed life imprisonment for desecration of the Quran intentionally. Another clause was added in 1986 to punish blasphemy against the Prophet Muhammad through imprisonment for life or death. These clauses, were added under General Zia-ul-Haq’s military regime, in an order to make the laws more “pro-Islam.”

Since then, this law has often been used to persecute people from minority communities—such as the Ahmadiyas, Shias, Christians, and Hindus—they have been accused of blasphemy without much evidence.

Infamous cases and implications of blasphemy in Pakistan

One of the famous cases was of Asia Bibi, which grabbed international attention as well. Asia Noreen—known as Asia Bibi—was a Pakistani Christan and a farm laborer in Punjab province. Her husband, Ashiq Masih, was a brick laborer. A dispute with her Muslim neighbours turned into an accusation of blasphemy—leading to her arrest and imprisoned. There were a lot of protests in Pakistan, demanding death penalty for Asia Bibi.

Two politicians—Salman Taseer and Shahbaz Bhatti—who supported and tried to help Asia Bibi, were murdered. Taseer was shot by his own bodyguard named Malik Mumtaz Hussain Qadri in broad daylight. Qadri was tried and sentenced to death. He was executed in 2016. Mumtaz Qadri became a hero for millions and hardliners praised him as a martyr. He is regarded as a saint and a mausoleum has been built over his grave in his village near Islamabad, where even devotees come to offer prayers.

Asia Bibi was first sentenced to death by a trial court in 2010, however was later acquitted by the Supreme Court in a historic judgement of 2018. In 2019, Pakistan’s Supreme Court ruled that she was free to leave Pakistan and was given asylum in Canada where she moved along with her family.

Although after a long struggle, Asia Bibi still got justice and was able to start a new life—unfortunately many others didn’t. Many met with Mob Justice.

In 2017, a journalism student at a Pakistani University was lynched to death by fellow students in Mardan—in the province of Khyber Pakhtunkhwa. The student—Mashal Khan—was a Shia Muslim and was falsely accused of blasphemy. The mob was enraged by a rumour according to which he had promoted the Ahmadi faith on Facebook. In a similar instance, a man named Tahrir Ahmad Naseem was killed by vigilantes in July last year for blasphemy. He was a former Ahmadi, and was in Peshawar Central Jail since 2018 for claiming to be a prophet. He was shot dead inside the courtroom during trial in the Peshawar Judicial Complex.

Furthermore, in a case similar to that of Asia Bibi, a Christian couple—Shahzad and Shama Maseeh—were accused of blasphemy as well. They were then beaten and burned alive by a mob in 2014. Shama was four months pregnant. The mob, which also included a local cleric, believed that the couple had burned some pages of the Quran along with some rubbish, although the couple’s family still denies this. Five people including the cleric were sentenced to death, while the eight others were given two years imprisonment.

Last year, former Foreign and Defense Minister Khawaja Asif as well was accused of blasphemy for merely stating that “all religions are equal.”

Why is this happening?

According to data by Pakistan’s Centre for Social Justice, there have been 1549 known cases of serious blasphemy in the years 1987-2017, out of which 720 were Muslims, 516 Ahmadis, 238 Christians, 31 Hindus, and the rest 44 are unknown. 75 out of the total cases ended in the person being murdered before their trial.

There are 13 countries in the world which punish blasphemy by death penalty and Pakistan happens to be one of them. But unlike countries like Iran and Saudi Arabia where they are executed judicially—as mentioned earlier—accused in Pakistan are often killed in mob violence or assassination. While Saudi Arabia and Iran continue to top in terms of the highest number of executions, most of them for sacrilege or crimes against Islam, Pakistan’s total ‘judiciary’ killings stand at zero.

The problem of this mob mentality in Pakistan, especially when it comes to religion, is actually deeply rooted in its constitution. The country’s aspiration to become a democracy as well as an Islamic state is in itself contradictory. The people want the right to freedom and expression and the hanging of a person committing blasphemy at the same time. The constitution denies criticism of Islam while claiming to allow freedom of speech and religion. The elevation of one religion over others in itself is principally undemocratic.

Another interesting point is the fact that the people supporting these ideas haven’t been aware of how things can backfire. Muhammad Din Taseer—father of Salman Taseer—supported Ilam Din, who murdered a Hindu publisher over blasphemy in 1929. An ancestor’s support for radicalism ended up in his own offspring being assassinated in the name of blasphemy.

Mental illness and blasphemy

In Pakistan, often some mentally ill people are punished to death by mobs for unknowingly ‘committing’ blasphemy. In 2012, a man widely reported by the media and police as ‘mentally unstable’ was arrested for blasphemy in Bahawalpur district, Punjab province. A mob gathered outside the police station, dragged him outside, and burned him to death. There have also been cases of misuse where such vulnerable individuals were subjected to sexual abuse and later accused of blasphemy by the abusers to cover up their crimes.

Such abuses towards mentally unsound people would have been a criminal case and the abusers would have been punished—unless they use the blasphemy law—as the mentally unstable victim cannot defend themselves.

Role of Anti-Terrorism courts

Pakistan’s Anti-Terrorism courts were set up to ensure quick justice in cases such as terrorism, sectarian violence, targeted political killings, hijacking, kidnapping, extortion and even arms trafficking. Earlier gang rape was also included in it—but removed later.

They are also key to controlling mob attacks on blasphemy accused as such trials are held here.

Yet, these courts have been facing several problems due to lack of basic resources and understaffing. The posts of judges often remain vacant for months, and the state prosecutors complain of poor working conditions—with no offices, stationery, clerical staff or legal resources. These problems may have risen due to the fact that there are not sufficient funds allotted for the ATC infrastructure, one of the major challenges in Pakistan’s legal system. Due to this, these courts are not able to fulfill their primary objective—to provide ‘quick’ justice.

Moreover, these courts lack independence and are vulnerable to political influence—the judges are held accountable to the executive. Sometimes the witnesses often refuse to testify against the accused, as they fear assassination by terrorist groups the accused belongs to. The judges, state prosecutors and others also have personal security concerns which also lead to delays in trials.

Also, these courts deny terrorism suspects the right to equality before the law. They are not even tried in a public place with full defense and are not presumed innocent. Peshawar High Court advocate Ghulam Nabi even challenged the Anti-Terrorism (Amendment) Ordinance 2009 under Article 199 of the constitution in December 2009, saying that it violated basic human rights.

The blasphemy laws of Pakistan need to be repealed in today's Global civic society. People are fighting for equality everywhere around the globe. And now it is up to Pakistan to choose—whether to become a democracy or continue with a pseudo-democratic authoritarian regime which is based on extremist interpretation of religion.

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