national sovereignty

• NEPAL: ‘The TikTok ban signals efforts to control the digital space in the name of national sovereignty’

  CIVICUS speaks about the recentTikTok ban in Nepal with Anisha, provincial coordinator for Gandaki Pradesh at Body and Data.

  Founded in 2017,Body and Data is a civil society organisation promoting an accessible, safe and just digital space for all people in Nepal. Anisha, known by her digital name Aneekarma, oversees a project focused on online expression by women and LGBTQI+ people and leads Body and Data’s digital rights initiative in Nepal’s Gandaki province. 

  Why did the Nepali government ban TikTok?

  The government has cited multiple reasons for banning TikTok. It cited concerns about a rise in cybercrime, the disruption of social harmony – mainly due to the circulation of ‘vulgar’ content that ‘damages societal values’ – and TikTok’s perceived promotion of a ‘begging culture’, as content creators use it to seek money or gifts from their audience during live sessions. They also invoked the fact that the platform is being banned in some global north countries, although those bans normally apply only to government phones.

  Ultimately, it all boils down to an attempt to restrict freedom of expression. TikTok has grown to be a significant platform. It serves a diverse audience including housewives, older people, small business owners and entrepreneurs. Recently, people began using TikTok to voice opinions and exercise free speech against the authorities, provoking anger and fear among political leaders who have stepped up surveillance.

  How will this ban impact on digital rights?

  Nepal is a democratic country where freedom of speech and expression are fundamental, and the ban on TikTok has raised concerns about these rights being compromised. These concerns have been exacerbated by the government’s plans to introduce a separate bill aimed at tightening control over social media.

  The enforcement of the TikTok ban infringes on the basic rights of freedom of expression and access to information. The platform was used not just for entertainment and for small enterprises to promote their products and services but also as a channel to share diverse opinions, engage in creative expression and amplify the voices of excluded communities, particularly women.

  Bans on popular social media platforms add complexity to the ongoing international debate regarding digital rights. There are growing concerns surrounding the intersection of technology, free expression and governance in the digital age. The TikTok ban sparks discussions on the delicate balance between government regulation and individual liberties.

  What potential privacy or security concerns arise from users shifting to other platforms?

  Because of TikTok being banned, users have started to migrate to alternative platforms, which raises further privacy and security concerns. It is paramount that digital rights are safeguarded during this transition.

  User education and awareness campaigns on privacy and security best practices are needed to enhance digital literacy. Users must be confident that their personal information is well protected. Transparent data practices, including clear information on data collection and usage, are vital for building user trust and enabling informed decision-making.

  The influx of new users to alternative platforms may also introduce potential cybersecurity threats. Platforms should continuously invest in security measures such as encryption protocols, regular audits and prompt vulnerability fixes. It is also essential to implement user authentication and verification mechanisms to mitigate risks such as fake accounts and identity theft.

  The situation in Nepal raises additional concerns due to the government’s limited understanding of cybersecurity. The absence of consultation with experts before this type of decision is made poses severe risks, as evidenced by instances of people’s personal data being exposed and government websites being hacked.

  The TikTok ban only made the gap in the oversight of data privacy clearer. A comprehensive approach is required to address these issues, integrating technological measures, transparent policies, education initiatives and regulatory frameworks to ensure robust safeguards for user privacy and digital rights.

  What are the global implications of the growing trend of TikTok bans?

  The growing trend of countries considering or implementing bans on TikTok due to security concerns reflects a global unease surrounding potential risks associated with the platform. Often intertwined with geopolitical tensions, the TikTok ban signals broader government efforts to control the digital space in the name of national sovereignty. These bans underscore an intensified scrutiny of data privacy and security practices on digital platforms, with governments expressing reservations about the potential misuse of user data.

  This trend is reshaping the global tech landscape, prompting questions about the dominance of specific platforms and the role of international tech companies. Governments face a significant challenge in striking a delicate balance between encouraging innovation and implementing regulations to address security and privacy concerns.

  As users encounter bans on TikTok, they may migrate to alternative platforms, fostering increased competition and influencing user demographics and content trends. This trend emphasises the need for international collaboration on digital standards and regulations to address security concerns and establish a framework for responsible behaviour in the global digital arena.

  Ultimately, bans on TikTok carry broader implications for the future of digital platforms, shaping discussions on user awareness, advocacy and the delicate interplay between innovation and regulation in the evolving digital landscape.

  How can governments regulate platforms without compromising people’s rights to free expression and privacy?

  Governments face the complex challenge of regulating social media platforms to combat misinformation and disinformation while also safeguarding their citizens’ rights to free expression and privacy. Sophisticated strategies are required to achieve a balance between national security imperatives and global digital rights.

  Just as TikTok has established its own guidelines regarding harmful content, governments can collaborate with technology companies to define clear and transparent standards for social media conduct that do not compromise people’s right to express their opinions, but rather that counteract misinformation. It is crucial to implement robust fact-checking mechanisms and foster media literacy to empower users to distinguish between reliable and deceptive information.

  International collaboration to standardise regulations is key to preventing the infringement of digital rights across borders. The adoption of privacy-enhancing technologies, such as end-to-end encryption, preserves individual privacy while facilitating uninhibited self-expression. It is paramount to recognise that state-controlled surveillance and censorship directly threaten our freedom of expression. Rather than resorting to outright bans, governments should prioritise measures that address concerns about misinformation and privacy to strike a nuanced balance that safeguards fundamental rights.

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  Civic space in Nepal is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Body and Data through itswebsite orInstagram page,and follow@bodyanddata and@aneekarma on Twitter.

• PHILIPPINES: ‘Increased US military aid will worsen the already dire human rights situation’

  CIVICUS discusses the human rights impacts of US aid to the Philippines with Cristina Palabay, Secretary General of Karapatan.Founded in 1995, Karapatan isa coalition of civil society activists and organisations working to promote and protect human rights in the Philippines.

  The USA recently pledged US$500 million in military aid to the Philippines amid tensions with China. This could bolster the authoritarian government of President Ferdinand Marcos Jr, already responsible for extrajudicial killings, disappearances and aerial bombing and artillery attacks on civilian areas on the basis that they’re suspected of supporting armed revolutionary movements. The additional aid, along with a proposed 51 per cent increase in the Philippines’ defence budget for 2025, heightens concerns about corruption and rights abuses.

  What’s behind growing tensions between the Philippines and China, and how is the USA involved?

  Growing tensions between the Philippines and China stem from territorial disputes in the West Philippine Sea, particularly over the Kalayaan archipelago and Bajo de Masinloc (Scarborough Shoal). These disputes were exacerbated by the implementation of the 1994 United Nations Convention on the Law of the Sea, which grants rights to a 200-nautical mile exclusive economic zone (EEZ) and continental shelf, including the right to explore and exploit fisheries, petroleum and other marine resources.

  On the surface, this is about the Chinese Coast Guard preventing Filipino fishermen from accessing the EEZ or confronting the Philippine Coast Guard. Behind the scenes, however, are increasing provocations by the USA as part of its broader geopolitical and military strategy in Asia. The USA seeks to maintain its influence in the region to counterbalance China’s expanding economic reach both in Asia and globally.

  As well as asserting its navigational rights within the EEZ in 2023 and 2024, the USA conducted numerous joint military exercises with the Armed Forces of the Philippines aimed at countering Chinese aggression in the disputed waters. Instead of easing tensions, this is exacerbating them. These provocations threaten to overshadow legitimate claims and could undermine efforts to resolve maritime disputes between the Philippines and China peacefully.

  Has the relationship between the Philippines and the USA changed since Ferdinand Marcos Jrbecame president?

  There has been no significant change beyond the absence of the crass and offensive rhetoric associated with former President Rodrigo Duterte. The Philippines’ dependence has allowed the USA to maintain its presence and influence in the country’s national defence and security affairs, serving its economic and political interests.

  The USA-Philippines 1951 Mutual Defence Treaty and the 1998 Visiting Forces Agreement are longstanding but one-sided agreements that have allowed the USA to maintain a military presence in the Philippines, despite having closed its bases in 1991 following public protests. The presence of US troops was further expanded by the 2014 Enhanced Defence Cooperation Agreement. Other additional bilateral defence agreements with NATO allies such as France, Germany and Japan have also bolstered the USA’s strategic position in the region.

  The US position could become more aggressive if Donald Trump returns to office. This could further escalate tensions in the region, particularly over the West Philippine Sea dispute. This in turn could lead to increased US military intervention in the Philippines through existing agreements and so-called military assistance.

  What is US military aid being used for, and how does it affect human rights?

  On 30 July 2024, following a meeting between US Secretary of State Antony Blinken, US Secretary of Defence Secretary Lloyd Austin and Philippines’ government officials, the US government announced a US$500 million foreign military financing package for the Philippines to reinforce ‘cooperation’ on the West Philippine Sea disputes.

  Since 2019, the Philippines has been the largest recipient of US military and security aid, with US$273.2 million provided over the past five years. US military aid has historically been used to support the country’s military operations, including the provision of hardware, financial assistance for acquiring military equipment and technical advisory services. In practice, however, this aid has often been used to suppress political dissent and social movements in the Philippines. The funds have been used to support air, naval and ground military operations that have resulted in bombings, detentions, enforced disappearances, extrajudicial killings, illegal arrests and other serious violations of human rights and international humanitarian law.

  The new US military aid comes on top of a proposed 51 per cent increase in the national defence budget for 2025, which includes a six per cent increase for the Armed Forces, a four per cent increase for the Philippine National Police, approximately US$104.4 million for the National Task Force to End Local Communist Armed Conflict and US$95.4 million for the Payapa at Masaganang Pamayanan Programme, a counter-insurgency initiative for conflict-prone areas.

  We believe that the so-called aid and overall increase in security and military budgets indicate a shift towards warmongering that will worsen the Philippines’ already dire human rights situation. The government is prioritising its military efforts over people’s urgent economic and social needs, even though people are struggling with rising prices, inadequate social services and lack of decent work.

  How has the state of civic space evolved in recent years?

  Civic space in the Philippines has narrowed significantly, with fundamental rights such as freedoms of association, expression and peaceful assembly under constant threat. Counter-terrorism laws, such as the 2020 Anti-Terrorism Act and the 2012 Terrorism Financing Prevention and Suppression Act, have further restricted humanitarian work and civil liberties. These laws were meant to target terrorism but are being used to stifle political dissent and silence civil society.

  Instead of protecting rights, the anti-terrorism laws are being used to violate them, with activists falsely accused of being involved in violent conflict. So far, 37 petitions have been filed challenging the constitutionality of these laws, but the Supreme Court has largely upheld them.

  To date, Karapatan has documented that at least 112 human rights defenders face criminal charges under these laws, 32 of whom are currently detained after being arbitrarily labelled as terrorists. Those arbitrarily designated as terrorists include peace consultants, Indigenous rights defenders and a community health worker.

  Despite these challenges, civil society and social movements continue to resist. Our strategies include mass campaigns such as #DefendTheDefenders, which aims to educate people about fundamental rights and freedoms and denounce their erosion through the weaponisation of terror laws. We’ve also built local networks to support human rights defenders and mobilised international solidarity to amplify their voices, highlight the realities on the ground and counter the official narrative that falsely claims human rights have improved under the current government.

  Civic space in the Philippines is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Karapatan through itswebsite orFacebook page, and follow@karapatan on Twitter. Connect with Cristina onFacebook orTwitter.

• TUVALU: ‘We share Taiwan’s democratic principles, values and struggles for sovereignty’

  CIVICUS speaks about the prospects following the inauguration of a new government in Tuvalu with Kiali Molu, a PhD candidate in Politics and International Affairs at the University of Bergen in Norway and at the University of the South Pacific.

  Kiali is a native Tuvaluan and his research, currently funded by the government of Norway, focuses on Tuvalu’s strategies to maintain its statehood and sovereignty as its territory is threatened by sea-level rise.