Free Speech

Freedom of opinion and Expression

Article 19 of Universal Declaration of Human Rights (UDHR) guarantees one of the most valuable Human Rights, namely the Freedom of Opinion & Expression:

” Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” This article was issued in 1948, it is still valid as legal definition of freedom of Expression.

This article of the Declaration is rooted in Renaissance and the French Revolution theories, which put an end to the intellectual stagnation and monopoly of thought by the Roman Catholic Church and freed thinkers from the framework dictated by religion. The intellectual revolution created by the Renaissance and then the Great French Revolution brought about the flourishing of science and culture in Europe and subsequently in the world.

The right and freedom of expression through oral, written, creation of works of art and modern media, caused public awareness of new thoughts and works. In fact, it could not have led to the intellectual revolution of the 19th and 20th centuries if freedom of thought was not accompanied by freedom of expression.

There is however some limitation for freedom of expression. “Your rights end where the rights of others begin.” Article 10 of the European Convention for Human Rights (ECHR) provides that any limitations for freedom of expression must be prescribed by law. Furthermore, the interference must be “necessary in a democratic society” and be aimed at certain enumerated objectives.[19]” The legitimate aims are “interests of national security, territorial integrity or public safety, the prevention of disorder or crime, the protection of health or morals, the protection of the reputation or rights of others, the prevention of the disclosure of information received in confidence, or the maintenance of the authority and impartiality of the judiciary.” The term “law,” however, is much broader than in the Dutch Constitution and must not be a formal act of parliament; instead, it can refer to any rule of law that is accessible and foreseeable.”

Freedom of opinion and expression in Afghanistan:

The history of the constitutional movement in Afghanistan, which also sought to guarantee freedom of opinion and expression, dates back to the late 19th century. But the first constitution to formally guarantee these rights was the 1923 constitution of Afghanistan, which came into force during the reign of Amanullah, the progressive Shah of Afghanistan. In 1929, the Amani regime, the 1923 constitution and freedom of thought and expression were abolished after a conservative uprising at the instigation of a group of Afghan clerics linked to and funded by the British Indian colonial government.

The decade of democracy (1964-1973)

After three decades of brutal dictatorship by the father and uncles of the King Zaher Shah, when the king had enough power, he initiated in 1963 a new constitution to make Afghanistan a constitutional kingdom. This constitution also guaranteed freedom of opinion and expression. But in practice, during the decade of democracy,

publication of periodicals with critical political content was stopped after a few issues. The law on political parties was never passed, but demonstrations by political and social groups were regularly held in public with anti-Shah and anti-regime slogans. With the coup d’état of Mohammad Dauod, the Shah’s cousin, the 1964 constitution and freedom of thought and expression were abolished.

The coup d’état of Saur and oppression that lasted 23 years: (1978-2001)

The pro-Moscow People’s Democratic Party of Afghanistan staged a coup against the President of the Republic on April 28, 1978, culminating in the suppression of a one-party dictatorship in the name of revolution. During this period, which lasted 14 years, the use of freedom of thought and expression was punishable by long prison terms and even the death penalty. Citizens were also deprived from the right to hear information. For example, listening to the Persian or Pashto news on Radio BBC was a violation that led in many cases to prosecution and imprisonment.

Having anti-regime political views or intellectually opposing the Russian occupation of Afghanistan was a crime and if expressed, could be severely punished.

Only the ruling PDPA had party offices in all districts, provinces, educational and government institution. The ruling party and its affiliated youth and women organizations could stage demonstrations in support of the government. All parties with dissenting views from the ruling party were banned and called illegal. They did not have the right to any public protest. For this reason, all political organizations and student opposition unions had to operate underground. Government Intelligence Service (KHAD) prosecuted and severely punished underground activities and organizations. For example, each time a protest night-letter was distributed in a student dormitory, dozens of dormitory students were arrested and imprisoned as suspect of distributing the night-letter and colluding with the opposition. This happened several times in dormitories of Polytechnic Institute and Kabul University.

The State Intelligence Service, called KHAD, was set up by the KGB. It worked with financial support and under direct leadership of the KGB. The KHAD suppressed every thought and every voice of dissent and created an atmosphere of unprecedented oppression in Afghanistan.

The periods of the rule of the jihadist parties and the Taliban do not need much discussion. The main feature of these two periods was that they gave divine authority to the rulers of their parties and expected the ‘subjects’ to be obedient to them and to just obey their orders. There was no room for freedom of opinion and freedom of expression. These freedoms were rejected in this periods as a Western and non-Islamic phenomenon. During the period of jihadi parties, the central government was very weak and the country was ruled by the commanders of the hostile jihadi organizations in the manner of sectarian emirates. Every commander in his area of rule suppressed freedom of thought and expression. Under the Taliban, there was a disciplined central government that ruled most of the country with an iron fist. A small part of the country was in the hands of jihadist parties. All Afghan dissidents were deprived of freedom of opinion and expression. The women were even deprived from the freedom of leaving their house to visit her doctor or a shop, if not accompanied by a man with first grade family relationship.

Freedom of expression from 2002 until now:

The constitution of 2003 established after 23 years, an open society in Afghanistan. Accordingly, freedom of expression, including the right to receive and impart information, is an inalienable right of the Afghan people as enshrined in this constitution, the Media Law of Afghanistan and international law. The existence of thousands of visual, audio and written media over the last 20 years is the greatest achievement of this period.

Given the fact that freedom of expression has been revived after a hiatus of almost 30 years, it will take time of society to adjust themselves to freedom of expression. The anti-government warring factions on the one hand, and many government officials and security officers were unfamiliar with the culture of respect for freedom of expression. Incidents of harassment of journalist have happened hundreds of times. In the years 2020 and 2021, as the war has been intensified, the number of targeted deadly attacks on journalists and media workers has increased, Tens of them are died or injured in these attacks. As a result of this situation, some of them have been forced to self-censor, to leave their profession and even to leave the country.

This achievement have to be protected in all laws and practices by the government and all administrative, political and security institutions. Unfortunately, corrupt officials intimidate journalist and insurgent groups kill them. We are aware of the shortcomings in the media and the dubious financial resources of some TV stations and secret relations of some of them with foreign Intelligence Offices. Nevertheless, we prefer the current state of freedom of expression to a closed society. We appreciate the services of patriot journalists and media employees who are honest and devoted sons and daughters of Afghanistan.

Freedom of expression and background information are an integral part of holding free and fair elections, social and economic development, the establishment of accountable and democratic institutions and the creation of an open and governing society.

FAYAZ Foundation believes that all parties, including the government, security and military forces, insurgents, and other armed groups have a responsibility to respect and protect this right against threats, assault, kidnapping, murder and imprisonment. And refrain from intimidation and harassment of journalists and those who seek to obtain and disseminate information or express their views.