Wednesday, September 16, 2020

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Adnan Abbasi

Article Title

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Global Views 360

Publication Date

September 16, 2020

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Representative image of people raising question

Representative image of people raising question | Source: rawpixel.com via Freepik

The liberal democratic world order which was accepted as a preferred governance model in major parts of the world has been under assault by the increasing authoritarian leaders since the last few years. The monopolization of power by subverting the in-build checks and balances of the democratic institutions is now a new norm in even the large democratic countries like the  United States or India as well. The International Democracy Day, which falls on 15 September, gives us an opportunity to reflect on the present state of liberal democracy in the world.

Monopolization of Democratic Institutions

In recent years democratic institutions across the world have shrunk into the hands of a few.

In the United States, President Trump is interfering in the running of independent democratic institutions. John Torpy—American academic, sociologist, and historian—currently Professor at City University of New York—fears that US democracy under Trump is going under “swamps”. Mentioning about President Trump’s obstruction of the democratic institutions, he writes “As many people have noted, if the president can simply refuse to cooperate with Congressional requests for documents and witness testimony, we live not in a democracy, which requires that officials be accountable for their actions, but in an autocracy, in which the executive can make decisions without the possibility of oversight by others.”

Viktor Orban, the President of Hungary | Source: Elekes Andor via Wikimedia

In Hungary, democracy is on the proverbial deathbed. Hungarian President Viktor Orban—amidst COVID-19 pandemic—passed a bill in parliament granting his government access to emergency powers. This bill—which is now the law of the land in this European Union country—gives the absolute power to the executive without any checks by the parliament. Political commentators like Zoltan Cegledi argue “The government’s will to destroy, limit and exhaust democracy is permanent. Its future victims will be the remnants of autonomy.”

In India, lately the government scrapped the question hour from the parliament citing the spread of COVID-19. Leader of Opposition Ghulam Nabi Azad expressing his concern on the decision said "In a democracy, the government is answerable to people of India through Parliament and the Parliament comprises members of Parliament representing different states, political parties, and regions of this country. People of the country have no access or means to ask the question to the minister inside the Parliament. So, their representatives are the members of the Parliament. These MPs ask questions on behalf of people of India."

This is not the first time the government of India changed the rules for the conduct of those institutions where it may get questioned. The RTI Act gave people of India the right to seek information from the different institutions of the government (excluding the intelligence). In 2019, the Indian parliament passed an amendment to the Right to Information (RTI) Act of 2005, which is being criticized widely.

Prabhash K Dutta mentions in his article published on India Today that this amendment removes the fixture of duration for the five years for chief information commissioners as well as the information commissioners and altered their salaries, for both they will be separately notified by the government. He furthermore mentions “This, in a political sense, means that the government can threaten or lure the chief information commissioner and information commissioners with arbitrary removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.”

Lady Justice: Allegorical personification of the moral force in judicial systems | Source: Tingey Injury Law Firm via Unsplash

In some countries, the executives are also interfering in the judicial process. President Andrzej Duda of Poland has lately signed a law that gives him power to appoint the judges as well as penalizes the judges of the court to question any appointments done by the President in the judiciary. Malgorzata Gersdorf—the president of Poland's Supreme court—termed it as “Muzzle Law”.

In Hong Kong as well, after the implementation of the New Security Law by the Mainland severely affects the independence of the judiciary and gives China-appointed Chief Executive the power to appoint judges in the “cases of security.”

In Egypt the government under Al Sisi has subverted the judicial system by expanding the scope of military courts. These courts  are directly controlled by the army (not the judiciary) and the defendants can neither access a lawyer nor are brought to a judge after the arrest.

Throttling the flow of information on internet

The assault on democratic discourse has extended to the internet, which has emerged as an important tool for easy and quick access of information. However the authoritarian streak in the ruling establishments do not not want the information to spread so fast.

Anti CAA Protest in Assam, India | Source: Ankur Jyoti Dewri via Wikimedia

An apt example is the widespread shut down of the internet during the time of protest against the Citizenship Amendment Act (CAA) across India. These shutdowns were not only to gag the Anti-CAA protestors but also unconstitutional according to the law of the land.

In Indian province of Kashmir, the internet was totally shut down for almost 5 months from 5th August 2019. The services were later restored but even today, 16th September, 2020 there is no access to the high speed internet in the region.

In some other countries like Belarus and Ethiopia, as well, the government resorted to shutting down the internet during the public protests.

Similarly the popular social media platforms like facebook, twitter, reddit, and many others which are used to freely share information, are restricted or banned in many countries.

This all happened in 2019-20 despite the United Nations General Assembly (UNGA) resolution stating that cutting access to the internet violates  article 19, paragraph 3, of the International Covenant on Civil and Political Rights back in 2011.

Suppressing the dissidents

Anti Al-Sisi protests in London | Source: Alisdare Hickson via Flickr

In Egypt, the government is resorting to Military Court trials, and ditching the normal judicial system. The detainees are put under inhumane conditions (people tried here are mostly the dissidents against the government). Vanshita Banuana from Global Views 360 writes “There have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.”

In India the government uses many draconian laws to suppress activists working for the marginalised communities. The Unlawful Activities Act (UAPA) is the most controversial and draconian law which is being used frequently by the government to curb the dissenting voices.

Indian government, as a part of its ambitious smart city project, is installing CCTV camera systems in the major towns across India. The footage from these cameras along with the AI based facial recognition technology is a deadly combination for curbing dissidence. Privacy experts like Arun Mohan Sukumar fear “If you don’t have adequate checks and balances, there’s a high chance the government will be tempted to use the data for highly dubious purposes.”

A ray of hope

As Victor Hugo said “When Dictatorship Is A Fact, Revolution Becomes A Right.” The people across the world have started speaking up against the assault on democratic values and institutions. They face hardship, vilification, and incarnation but remain committed to fight for the protection of liberal democracy. This gives us hope that the liberal democracy will ultimately prevail as it is what Abraham Lincoln described, “The government of the people, by the people, and for the people.”

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February 4, 2021 5:19 PM

Kashmiris and High-Speed Internet: A Tragic Love Story

Over sixteen months have passed since the India’s government imposed a ban on high-speed mobile data services in Jammu and Kashmir with the exception of two districts—Ganderbal and Udhampur. This ban has been extended. On 25th December, an order was issued by J&K administration stating that the ban has been extended till Jan 8, 2021. On August 5th, 2019, the central government abrogated Article 370 and Article 35A and mobile internet services were temporarily suspended due to security reasons. However, the suspension of high-speed mobile data services is not seeing an end. This has taken a toll on several businesses and students especially during the pandemic.

Iqra Ahmed—a fashion designer—took over four years to build her fashion brand online. Her clothing brand, Tuv Palav had a great recognition online through social media where Iqra had over 50,000 followers. She used Instagram to promote Kashmiri clothing. In August 2019, when the government revoked the erstwhile state’s constitutional autonomy, the valley saw a communication blackout and Iqra lost a large portion of her customer base. About 5 months later, 2G internet was partially restored, that is in Jan 2020 but social media services like Instagram were still inaccessible.

Iqra Ahmed, fashion designer from Kashmir | Source: Gyawun

In desperation, Iqra and many others like her opted to use Virtual Private Network, or VPN.

VPN allows users to hide their location while browsing the web, effectively helping in circumventing the ban. Kashmir saw a sudden surge of interest in VPN applications a few months after the ban.

According to several residents of Kashmir, the use of VPNs created a tension between civilians and the army. In several regions of South Kashmir, Army personnel allegedly checked the phones of youth for VPN apps. If any such apps were found, the youth were either thrashed or their phones were seized and they were bullied and harassed to collect it from the army camps.

“I was traveling to Shopian (district in J&K) when our cab was stopped at a checkpoint. The army man asked the guy sitting beside me how many VPNs he has on his phone. The guy replied none. ‘You better not have VPNs, otherwise, you know what we will do,’” Shefali Rafiq, a local girl, narrated her experience on Twitter. Using VPN was not a choice made for entertainment but one that was made out of desperation. Several people hadn’t seen the faces of their sons, daughters, parents, siblings and other family members living away from Jammu and Kashmir in months.

For instance, 61-year-old Shameema Banoo hadn’t seen her younger son in over 6 months. Parray, her younger son works at Riyadh, Saudhi Arabia as a hotel manager. “Last time on the evening of August 4th, I saw him through a video call. It was only after six months, on 5th of February, that my elder son brought a VPN application in his phone, by which I got connected with my beloved son,” said Shameema with tears and a smile.

However, several Kashmiris were unaware about the security issues that come with free VPNs. Hackers have breached the bank accounts of several people across the valley. In some cases, when users used VPNs for e-banking, hackers have also managed to withdraw their money. Surfshark, a UK based VPN company conducted a research on free VPNs which revealed that these VPNs can potentially jeopardize more than just user browsing history. Free VPNs build a profitable business model by selling user information to bidders which includes government agencies or authorities. In some cases, third parties were directly allowed to access user information. On the grounds of their study, Surfshark stated that free VPN service providers were culprits of user data abuse.

The people of Kashmir seemed to be unaware of these issues. People who travelled outside Kashmir, came back with seven to eight VPNs as backups as authorities were blocking and barring VPNs every day. The government also cracked down VPN users by filing an open FIR under which over hundreds of suspected users were probed and arrested several for allegedly misusing social media to promote “unlawful activities and secessionist ideology.”

On 4th March 2020, use of social media was legalized in Jammu and Kashmir. Kashmiris didn’t forget about those who supported them during the times of restriction. Kashmiris have developed a strange love for VPN developers past the customs of law. They showed their hospitality and gratitude to all VPN developers. Among several VPNs, LetsVPN was widely used. Kashmiris expressed their kindness by sending chai samovar, a bundle of kangris sonn sund pond (golden coin), besrakh tooker (a basket of sweets) and other gifts to the Canadian based creator of LetsVPN. These are the items that are usually sent by the bride’s family to the to-be in laws as a token of respect.

Another user shared on twitter that the experience of using VPN applications was similar to the Islam holy month of Ramzan, at first, a little hardship is endured but as the days go by, one gets used to it and after the month is over, it is missed badly and dearly.

However, Kashmiris haven’t met their happy endings yet. The ban of high speed mobile data is taking a toll on students. Several students have missed an entire online semester and were even unable to take their exams. Several students wrote to the union education minister, Ramesh Pokhriyal voicing their concerns about the apathy that universities all over India expressed toward the students of Kashmir.

Rashida Bashir, a 20-year-old sociology student from Jamia Millia Islamia, New Delhi said that she and some of her friends were not able to join classes using 2G. “How can we appear in the online examination without any issues?” she questioned. She expressed that JMI asked the students to ensure high-speed, uninterrupted internet connectivity and also that owning a laptop was considered a necessity. She further stated that the students were asked to ensure that they have uninterrupted electricity while taking the exams. She mentioned that everybody did not own a laptop or WiFi connection and she mentioned that Handwara, North Kashmir, her place of residence experienced frequent power cuts.                                                                                  

“My classmates are privileged as the internet comes easy for them. But I have to go through a lot of issues and I’m suffering” said Masoodi. Durdana Masoodi, a student from Miranda House, Delhi said that she reached out to one of her professors for help who understood her problem and agreed to send her the lecture notes. However, that did not resolve the problem. It isn’t easy to download notes on the internet either. Anything over file size one-megabyte would take over an hour to download.

Many students, especially girls in Kashmir dropped out after 10th and 12th grade due to the pandemic which coincided with ban of high-speed internet. Students from Kashmir urged their schools and universities to scrap the autocratic decision to conduct online proctored examinations. They requested the union education minister and universities to consider their situation and sought help to resolve this issue.

It is important to deploy high level of security measures in J&K due to long standing issues with Pakistan and current impasse with China. However, the government must also consider the fact that education of students, careers of many, and livelihood of the people during this pandemic is at stake due to the ban on high speed internet. It should also understand that throttling the internet in J&K, instead of strengthening security, may prove to be more of a security threat by further alienating the people who are adversely impacted by it.

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