Shrinking Spaces: Online Freedom of Assembly and of Association in Pakistan

The Association for Progressive Communications (APC) asserts that rights to freedom of assembly and of association (FoAA) are fundamental human rights, enshrined in the domestic law of Pakistan and the International Bill of Human Rights. These rights are among fundamental requisites for a democracy and a vital means for exercising many other civil, cultural, economic, political, and social rights, allowing people to express their political opinions, engage in artistic pursuits, engage in religious observances, form and join trade unions, elect leaders to represent their interests, and hold them accountable. This report forms part of the baseline research conducted by the project APC-IMPACT (Advocacy for Change through Technology in India, Malaysia and Pakistan), which aims to address restrictions on the internet by promoting and protecting internet rights. A joint initiative of the APC and its members and partners - Digital Empowerment Foundation (India), Persatuan Kesedaran Komuniti Selangor (EMPOWER) (Malaysia) and Bytes for All (Pakistan) - the project works specifically to advance freedom of expression, freedom of information, and freedom of assembly and association as enablers of human rights and democratisation.

The core focus of the debate around FoAA concerns the process of political organisation, particularly the organisation of protests and political dissent. However, there are other dimensions of FoAA, ranging from personal friendships to communal interests, solidarity to criminality, and so on. Therefore, realising the benefits, the United Nations Human Rights Council (UNHRC) in its resolutions 20/8, 21/16, 24/5, and 32/13 also acknowledged the enabling role of information and communication technologies (ICTs) to freedom of peaceful assemblies and of associations. Domestically, FoAA is outlined in Articles 16 and 17 of the Constitution of Pakistan. Internationally, FoAA is outlined in Article 20 of the Universal Declaration of Human Rights (UDHR), Articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR), and Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). In view of this context, this report focuses on the following 2 objectives: to contribute towards local and international advocacy initiatives to improve Pakistan's compliance with international human rights law and practices in relation to FoAA online; and to build a knowledge and understanding of the context, and extent of practice, of FoAA online across communities and groups in order to support the ability and literacy of civil society organisations (CSOs) and individuals on digital safety and security and strategies to encourage safe spaces for networking and engagement online. To attain these objectives, the report:

• Maps the current status of FoAA in the country, including the existing legal framework;
• Identifies potential opportunities and challenges that facilitate or restrict the right of peaceful assembly and of association online; and
• Recommends strategies on how to ensure FoAA within the existing socio-political environment.

The overarching aim of this document is to assist CSOs, journalists, and national and international human rights activists and bodies, such as the National Commission for Human Rights (NCHR), to understand the state of FoAA in Pakistan - including the challenges and the shortcomings - and how best to move forward under the given situation, considering specifically that Pakistan has ratified the ICCPR.

After a review of existing legislation on FoAA, 4 distinct case studies were explored to fully grasp the theoretical concept of FoAA and what it translates into, on the ground in Pakistan. The full case studies are included in chapter 4 of the document, but to cite only one: Queer Pakistan was an online portal focusing exclusively on the country's lesbian, gay, bisexual, and transgender (LGBT) community, providing an alternative space for convening virtual meetings and working towards common goals. In a country where homosexuality is not only a taboo but also criminalised and considered against the religious teachings as well as norms and values, the portal was a rare space for the community to get together. The website was taken down by the Pakistan Telecommunication Authority (PTA) in December 2013.

"As is evident from the case studies, gaps exist in the legal framework when it comes to implementation and interpretation of existing freedoms of assembly and of association at the national level. Articles 16 and 17 of the Constitution of Pakistan deal with this set of rights, and they are not discriminatory towards religious or sexual minorities or other marginalised groups. However, the penal code provides the basis of inequity with religious and sexual minorities and restricts the exercise of freedom of peaceful assembly and of association online and offline. For instance, ...laws related to unnatural offences as discussed in the case of Queer Pakistan...point to lacunas obstructing free exercise of right to freedom of assembly and of association."

The role of corporate intermediaries such as Facebook, Twitter, Google, blogging platforms, telecommunication companies, and internet service providers (ISPs) vis-à-vis rights to freedom of assembly and of association is explored within the report. It should be noted that the social media presence of Queer Pakistan is still intact, despite the national regulator blocking of their website. However, mobile companies owned by foreign investors are helpless in cases of network shutdowns.

Another factor that emerged from the cases discussed and the literature studied was the need for capacity-building of people in general and marginalised groups in particular on the safe use of online spaces and social media. Online gatherings need protection and safety measures to ensure that marginalised communities get to exercise their rights without the fear of being victimised in physical spaces. Governments and education departments at the federal as well as provincial levels can introduce digital literacy chapters in the curriculum of high schools and colleges, which will help in building citizens' capacity on the safe use of online spaces. But, as noted here, civil society and non-governmental organisations (NGOs) also have an important role to play in curriculum formulation for and training of marginalised groups. Similarly, uniform and easy access to technology and online spaces is described here as important for an inclusive society and the effective enjoyment of the online rights to freedom of peaceful assembly and of association.

In view of these and other findings presented, the report includes a list of recommendations for the advancement of FoAA in online and offline spaces in Pakistan. For example [footnote numbers removed from the quotation]: "Materialising the state's commitment under the SDGs [Sustainable Development Goals], specifically in accordance with the SDGs 10.2, 16.3 and 16.10, the government must promote social, economic inclusion of all citizens (without discrimination), ensure rule of law, equal access to justice, citizenry's access to information and protect [the] populace's fundamental freedoms."