Eroding civil liberates

Author: Jamil Junejo

The recent report of the International Institute for Democracy and Electoral Assistance on global state of democracy released in October, 2018 confirms that the global expansion of democracy has come to a halt in the past decade. However, what raises eyebrows remains is that the reports state that regions with a concentration of so-called established or high-performing democracies (e.g. in North America, Europe, and more recently in Latin America and the Caribbean) have experienced democratic declines in the last five years. Reasons could be many including a rising wave of populism at global level and securitization of States in response to their internal conflicts and global war on terror, Freedom House considers withdrawal of the United States from its historical commitment to promoting and supporting democracy as a conspicuous feature of this phenomenon.

Another stark phenomenon report presents which is the subject of this article remains that the highest declines are linked to aspects relating to civil liberties. The report suggests that from mid-2010, the status of the civil liberties has declined in many countries of the world.

The erosion of civil liberties such as liberty of expression, liberty of association and liberty of assembly at global level poses a serious threat and challenge to the democratization process and the human rights project. For, these three major liberties in addition to the right to life constitute the core of human rights and democracy. Also, the social and political legitimacy of any government rests on to some extent, on how it provides and protects these liberties. These liberties define the limits of authority of any State.

On the importance of liberty of expression, John Stuart Mill in his Book on liberty beautifully writes that “if all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person”. Thus illegitimate bars on liberty of expression and silencing critical and dissenting voices is not justified in any way. This phenomenon could badly damage the progress the world has made in every field of life. The overall progress especially in the intellectual advancement of the world owes much to disagreement than to agreement. States, thus, must let people speak, and to disagree and even to protest peacefully when they are not heard.

Illegitimate bars on liberty of expression and silencing critical and dissenting voices is not justified in any way. This phenomenon could badly damage the progress the world has made in every field of life. The overall progress especially in the intellectual advancement of the world owes much to disagreement than to agreement. States, thus, must let people speak, and to disagree and even to protest peacefully when they are not heard

About Press Freedom, Tocqueville says that sovereignty of people and liberty of Press are interrelated phenomenon, it too is on decline globally. According to Freedom House, Press freedom reached its lowest point in 13 years in 2016, amid unprecedented threats to journalists and media outlets in major democracies and new moves by authoritarian states to control the media, including beyond their borders. Though, Pakistan does not stand in queue of the countries where liberty of Press has been completely eradicated, the country is on the path to impose sanctions on media more in covert and indirect ways and press is dealt with by State actors in such a way that many of the journalists impose self-censorship on their expression and their words die before they can be expressed. The State has also begun to deprive many media outlets to post advertisements. Thus, many of the media outlets have been facing financial crisis and subsequently are firing their employees.

With regard to liberty of association, the civil society organizations which constitute a form of association are being harassed and their spaces to operate in and through are being drastically curtailed throughout the world. This happens despite the fact that over the period of last few decades, civil society has emerged as one of the major agencies of social and political changes across the world. Its need and legitimacy in connection to social and political emancipation and overall development processes have received wider recognition internationally. However, since 2000 Scenario has drastically changed. In many parts of world, civil society has continuously been undergoing threats, intimidation and increased clampdown.

The shrinking of operational space for civil society organizations carry potential the potential to harm democracy and human rights. Civil Society has historically played a significant role in the promotion and protection of human rights and democracy. It has created political spaces for the actors to establish and expand the canvas of civil liberties.

Pakistan is also part of such a phenomenon. Recently, Interior Ministry has reportedly asked eighteen INGOs to wind up their work within two months. This will certainly affect millions of people supported directly and indirectly by these organizations in the country. Their contribution to the promotion and protection of human rights and democracy, its agencies and values and humanitarian work will remain exceptionally affected. The vacuum left by these organizations cannot be sufficiently filled by our indifferent State. I still remember that in the 2010 floods, before the government reached the flood affected areas, these NGOs supported by INGOs reached early, in many cases, and provided food and other services to the affected people.

The liberty of freedom of assembly is associated with to what degree people enjoy liberty of expression and liberty of association. Therefore, as a result of blows to liberty of expression and liberty of association, liberty of assembly has also declined in many countries of world including in Pakistan. The biggest example in Pakistan remains the callous backlash of State against social movement of Okara farmers in Punjab and the subsequent disintegration of the organization and its peaceful assemblies.

To conclude, the struggle and conflict between political authority and civil liberties has remained a significant feature of human history. Over the period of time, a loose balance emerged between these two phenomenon in many countries of the world. However, the plate of scale carrying civil liberties seems to be lighter than the plate carrying political authority at this time. In order to create a balance between these two parts, and to create social and political legitimacy of governments, the States need to restore civil liberties.

Writer has done Masters in Human Rights and Democratisation from the University of Sydney

Published in Daily Times, November 16th 2018.

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