Posts Tagged 'ban'

Hate speech: The lesser of two evils


By Harry van Versendaal

Expecting a state that has failed to enforce a smoking ban in public places to penalize hate speech is wishful thinking. It should also be undesirable.

Keen to burnish their democratic credentials and to differentiate themselves from conservative New Democracy, the leader of Greece’s power-sharing administration, junior socialist partners PASOK and Democratic Left have pushed an anti-racism bill aimed at curbing a burgeoning wave of xenophobia in the debt-wracked country. The rise in hate speech and racially motivated crimes is widely associated with the rise of Golden Dawn, a neo-Nazi party controlling 18 seats in the 300-member House that wants to kick all immigrants out of the country.

The proposed legislation, drafted by Justice Minister Antonis Roupakiotis, who is supported by Democratic Left, aims to criminalize communication which might incite violence against groups and individuals based on their race, religion, ethnicity or sexual orientation. The bill reportedly foresees up to two years in jail for offenders and fines of up to about 30,000 euros for individuals and 200,000 euros for organizations.

There is no doubt that, unlike the more cynical policymakers out there, many advocates of the contentious bill are motivated by the best of intentions. However, as other European states have painfully found out, laws against hate speech come with hidden costs and unintended consequences.

A piece of legislation that caters to the needs and sensitivities of a particular section of society is by its nature exclusive and potentially open to criticism from others who are, or who may feel, vulnerable. Introducing a ban on Holocaust denial may, for example, prompt calls for prohibition of gulag-denying speech; or Muslim demands for measures against the defamation of Muhammad which – as Western governments were painfully reminded of in the 2006 Danish cartoon row – also includes depictions of the Prophet.

Put simply, what constitutes an offense is very much in the eye of the beholder. A victim of communism, to bring up a recent example, might sue Slovenian philosopher Slavoj Zizek for suggesting in public that he would send anyone who does not support leftist SYRIZA to a gulag. Depending on the interpretation, even religious texts like the Quran or the Bible can be deemed unlawful. A ban on hate speech can be a stepping stone to curtailing the freedom of expression.

New Democracy has expressed objection to the bill, citing the fact that Greece has already had anti-incitement rules in place since 1979. This is true. Specifically, the law makes it illegal to incite discrimination, hate or violence against persons or groups on the basis of race, origin or religion – although it says nothing of sexual orientation. Also, the 1979 law stipulates it is a crime to set up or join organizations that promote racist propaganda and activity.

Nevertheless, New Democracy’s real concern seems to lie with the reaction from the more reactionary folk among its electoral base: the influential Orthodox Church and the armed forces. The party has proposed a bill, basically a revision of the 1979 law, that reportedly grants immunity to civil servants, as well as clerics and military officials. Meanwhile, the bill does not outlaw discrimination based on sexual orientation. New Democracy’s misguided motives are confirmed by its proposal to introduce penalties for Holocaust and genocide denial.

The main concern here is that taking action on “opinion crimes,” as it were – like sanctions against those who deny the genocide of Black Sea Greeks by the Ottoman Turks toward the end of the First World War, officially recognized as such only by Greece and Cyprus – inevitably leads to restrictions on free speech. In a sign of the inevitable deadlock, Turkey has passed the law in reverse, making it illegal to refer to mass killings of Armenians, Greeks and Assyrians as a “genocide.”

Laws against Holocaust denial were introduced in Germany and Austria after the Second World War and they made sense given these countries’ historical background. Interpretation of the past should be left with historians rather than lawmakers and prosecutors or you risk what Greek historian Antonis Liakos has called “political control over history.” Freedom of speech in an open society should include the right to question historical facts. Instead of banning uninformed and foolish ideas, it is better to expose them to scrutiny and ridicule.

And then, of course, there’s the elephant in the room. It is extremely unlikely that laws against genocide or Holocaust denial will deflate anti-Semitism or discourage people from joining the ranks of Golden Dawn. Such initiatives would most likely play into the hands of the party’s supposed anti-systemic profile and allow wrongheaded thugs to pose as martyrs. An all-out ban on the party would probably fail for the same reason.

After all, Golden Dawn’s discourse and deeds are well beyond a bill such as this and are well into the criminal law code. If the political system really wants to stop the neo-Nazis in our midst, it must start by doing what it failed to do in the case of the anti-smoking legislation: stop the political gesturing and enforce the law.

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Facing the frenemy

Linocut illustration by Manos Symeonakis

By Harry van Versendaal

Ankara’s recent rapprochement with Tehran is probably the most emblematic sign of Turkey’s newfound assertiveness in the Middle East, but experts agree that the true motivations behind this tectonic foreign policy shift are not easy to fathom.

“Turkey’s love affair with Iran cannot be explained with single-parameter equations. It’s a mixture of several factors at work with different weights that cannot be measured,” Burak Bekdil, an Ankara-based analyst, told Athens Plus. Bekdil singles out a number of factors, including natural gas, ideology, domestic politics, regional foreign policy ambitions and bilateral trade – “some selective deals that must be benefiting companies friendly to Erdogan and the AKP,” he said in a reference to Prime Minister Recep Tayyip Erdogan’s mildly Islamic Justice and Development Party.

It’s certainly a tough equation. But Stephen Kinzer, a former Middle East correspondent for the New York Times, prefers to stick with the more obvious constants. “They are the two major non-Arab states in the Muslim Middle East,” he told Athens Plus in an interview. “Both are big and powerful, their history has been intertwined, and each needs much of what the other has,” said Kinzer, who has just authored a book called “Reset: Iran, Turkey and America’s Future.”

Turkey, along with Brazil, in May signed a nuclear fuel swap deal with Iran meant to help end Tehran’s standoff with the West over its atomic program. Compounding Washington’s dismay, Ankara went on to vote against UN sanctions on Iran the month after. Turkey, which gets a third of its natural gas from Iran, recently also defied a US ban on gasoline sales to Tehran and is expected to remove Iran from a watch list of nations it considers a specific threat to national security.

Turkey’s engagement with Iran reflects a broader Turkish repositioning on the Mideast chessboard allegedly masterminded by its foreign minister, Ahmet Davutoglu. Ankara has sought to re-brand itself as a soft power broker in formerly Ottoman territories by using its economic, diplomatic and cultural power. But although its policy of “zero problems with neighbors” saw a drastic improvement in ties with Iraq and Syria, Turkey’s relations with Israel, Washington’s other principal ally in the region, have deteriorated rapidly since Israel’s Gaza offensive in early 2009, hitting a low following the raid on a flotilla of humanitarian aid in late May that left nine Turkish citizens dead.

Confusion

The approval this week in a public referendum of a controversial package of constitutional reforms to reshape the judiciary and curb military power – traditionally under the influence of the secular establishment – will no doubt strengthen Erdogan’s hand also in foreign policy. But more confidence has not always come with more clarity. Turkey’s eastward realignment is perplexing friends and foes alike. Some analysts say that the increasing diplomatic activism of his administration is welcome in Washington and Brussels provided it does not run against the core interests of the Western alliance.

“Anything that promotes the Turkish example of capitalist democracy also promotes stability and weakens radicalism,” Kinzer said, warning however that too much dancing to the Western tune does not go down well with the man on the Arab street. “If Turkey is seen as not always following Washington’s policies reflexively, that could even help Turkey project its influence.”

That unique role could weaken if Turkey were to lose America’s trust. Americans want to believe, Kinzer says, that after all the daily bickering is over, the Turks remain fundamentally pro-NATO and sympathetic to US security goals. Should that fade, the relationship will inevitably weaken.

Israel is the obvious litmus test. Ties to the Jewish state have traditionally been seen as a counterweight to Islamic extremism, allowing Turkey to focus on NATO and its EU ambitions. The AKP obviously deems it can get away with some Israel-bashing now and then, much of it for domestic consumption, but some analysts warn Israel and Iran will put this notion to the test.

“Pushing Israel into a corner and isolating and punishing it may redeem understandable emotions, but it does not serve the cause of peace. After making your point, it is often good to extend the hand of reconciliation,” Kinzer said. Recent reports said the US warned Ankara it will shun joint air drills next month if Israel is not invited.

Bekdil too fears Turkey may be overplaying its hand. “The AKP thinks they can play both camps. Pro-eastern on the public front but pro-Western when the AKP messengers meet with US and EU officials,” he said, pointing out that so far the policy has worked without any major damage to the AKP. “No punishment from the West. No cost. So why not follow a popular route that is also economically beneficial?”

Some beg to differ. Hugh Pope, an analyst for the International Crisis Group, thinks that fears of “losing Turkey” are overrated and does not hesitate to hail Turkey’s overtures eastward. Speaking to Athens Plus, Pope welcomes Ankara’s efforts to head off sanctions and other potential disruption in the region, which would be very costly to Turkey, and to solve the problem by diplomatic means, if possible. “Turkey has different tactics and priorities to its Western allies, and firmly believes in engaging Iran, but it shares with the West the goal of ensuring that Iran does not acquire nuclear weapons,” he said.

Pope, one of the authors of the just-published ICG report “Turkey’s Crises over Israel and Iran,” is keen to note that tension with the West is not necessarily of Turkey’s making alone. “The EU and the US also share the blame for alienating Turkey over the past years, notably because of Germany and France’s public hostility to Turkey’s EU ambitions and the US invasion of Iraq,” he said.

Same ends, different means

But there is another element to the geopolitical game. Some observers hold that the shift of Sunni Turkey, worried about Shiite Iran’s influence over Iraq following the American pullout, is actually driven by an attempt to contain Iran, it’s most serious rival in the race to lead the Islamic world. Skeptical about the effectiveness of UN sanctions, the theory goes, Ankara is trying to appease its “friend” Mahmoud Ahmadinejad, Iran’s president, out of his nuclear ambitions.

It’s a stance the West should encourage, suggests Iranian-born analyst Meir Javedanfar, as a rapprochement between the two states could be the safest way to ensure a nuclear-free Iran. Renewed tension, on the other hand, will only fuel Iran’s temptation to become a nuclear power.

“When it comes to economic power, when it comes to military power, when it comes to diplomatic position, Iran is inferior to Turkey,” Javedanfar recently told Radio Free Europe. “So they are going to look at areas where they are superior and the only other one where they can gain an edge over the Turks, one of the very few areas, is the nuclear program.”


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