8
EESTI ELU reedel, 8. mail 2020 — Friday, May 8, 2020
Nr. 18
Opinion
China was in violation of International Health Regulations. What do we do now? As we look towards a post-coronavirus world, we must seek accountability for the human toll and economic devastation that this virus has wrought English-language supplement to the Estonian weekly “EESTI ELU” Tartu College Publications Founding Chairman: Elmar Tampõld
Macdonald-Laurier Institute (MLI) recently co-sponsored an international open letter calling on western governments to con Editor: Laas Leivat 3 Madison Avenue, Toronto, ON M5R 2S2 Given that China’s negligence duct a “critical evaluation of the T: 416-733-4550 • F: 416-733-0944 • E-mail: editor@eestielu.ca enabled the spread of impact of Chinese Communist Digital: www.eestielu.ca COVID-19, there are growing Party policies on the lives of international calls to hold Chinese citizens and citizens them to account, and Canada, around the world,” and the let A country whose press which has a number of options ter was quickly condemned by thrives on government spon available to it, needs to join the Chinese embassy in Ottawa. sored propaganda – Russia, Among the tools available to the chorus. 143. Countries with sizable Canada and its allies is Mag The Chinese government was communities of descendants of nitsky human rights legislation, responsible for collecting data Estonian WWII refugees: Cana which if fully implemented and about its spread and promptly The World Press Freedom da, 16; U.K., 35; U.S.A., 45. utilized, would allow govern informing the World Health Index has lowered Estonia’s Dead last with a press showing ments to target and sanction Organization (WHO), govern standing by three positions in no vital signs – Cuba, 171; foreign officials who have en ments and scientists around the their 2020 report. The Index’s China, 177; North Korea, 180. gaged in corruption and human world. Instead, China sup compiler, Paris-based Repor The Index’s compilers’ ob rights abuse, with asset freezes pressed, falsified and obfuscated ters Without Borders (RSF), servations were based on three data and repressed advanced and visa bans. internationally recognized as main negative developments in The Canadian government, warnings about the contagion as the authority on journalistic Estonia: while targeting officials in some early as December, well before integrity and an independent a) EKRE’s verbal attacks against of the world’s most repressive the start of the global pande media, estimated that the journalists were so intensive regimes, have avoided sanction mic. The Chinese government autonomy of Estonia’s press that the President took the ing Chinese officials. Chinese also joined Moscow in exploit in 2019 has been violated and unusual step to comment. government officials responsible ing confusion around the pan dropped Estonia from posi b) Journalists were also sub for the detention of up to two demic by engaging in informa tion 11 to 14. jected to undue pressure at a tion warfare through blatant dis million ethnic Uyghurs in Estonia advanced rapidly in prominent news operation, Pos information on the origins of forced labour camps should be press freedom, even during the timees. It was evident that the the virus, suggesting it was placed on Canada’s Magnitsky years before Estonia regained new owner of the newspaper developed as a tool for U.S. list, as well as those responsible its independence. Even some was attempting to force writers for the violent crackdown on biological warfare. years before 1991, Estonian and editors to advance his per In recent weeks, Beijing’s Hong Kong pro-democracy ac newspapers and journalists had sonal conservative viewpoints focus has shifted towards pro tivists. the fortitude and the democratic and promote his other non- moting “humanitarian engage However, officials in Wuhan inclination to set their own media businesses. As a result, ment”. Chinese ‘‘aid’’ has in and Beijing, who delayed warn agenda and voice their own Reporters Without Borders cluded COVID-19 test kits and ings about the virus and de opinion. This early “wes (RSF) notes that most of personal protective equipment tained whistleblowers trying to ternization” was one of the Postimees’s opinion writers and (PPE), turning out to be faulty warn about it, should also be reasons that the country was investigative journalists re in many cases. Several Euro immediately placed on Cana acknowledged internationally as signed from the newspaper. pean countries have even da’s Magnitsky List. A recent leading the formerly captive Estonia suspended the local banned their import. Last week, report by the U.K.’s Henry nations of Europe in shedding editorial activities of the Rus the Canadian government an Jackson Society (HJS) suggests their Soviet legacy. In addition, sia-based, Kremlin-loyal news nounced that one million face that the total potential damages during the current unpredictable agency Sputnik. RSF stated that masks recently purchased from liable against China among G7 and frightening period world the Estonian government’s deci China failed to meet standards countries will exceed $4 tril wide, thoughtful and scrupulous sion was made in conjunction and would be returned. lion, with over $80 billion owed news reporting and commentary with the European Union’s en Critics of Chinese govern to Canada alone to compensate is crucial in maintaining credi forcement of sanctions against ment policy, including Cana for immediate spending re bility and the trust of the reader. Sputnik’s owner. Thereafter, dians, are regularly and irratio quired to deal with the crisis. If That is why a perceived RSF observes, the Russian nally labelled as being anti- one includes more recent stimu retreat in press freedom is no govern ment launched a world Chinese, racist or worse. The lus measures, Canada’s share ticeable and regrettable, at least wide campaign accusing Esto for Estonians. nia of oppressing Russian As always, leading the Press media. Freedom Index of 180 states are Estonian critics of RSF re the usual Scandinavian and garding restricting Sputnik’s press freedom. The RSF analysts tinued denigration and harass Northern countries: Norway, 1; editorial activities point out that have previously stated that the ment of journalists. Through his Finland, 2; Denmark, 3; Swe- the Estonian government had to US president has “exacerbated” intimidating anti-press opinions, den, 4. weigh unrestricted press free press freedom problems by re he and his associates have em Pertinent comparisons. Esto dom against the country’s obli peatedly declaring that journal boldened others to act violently. nia, 14. The country which was gation to abide by promises to ists are the “enemy of the This rhetoric coming from the also recognized as rapidly enforce sanctions against spe people”, accusing them of pro highest office is bound to have adopting Western values and cific Russian-owned businesses. ducing “fake news”. He called some influence on his acolytes system of governing – Slovenia, These sanctions included the for the revoking of broadcasting and impressionable followers. 32. Our Baltic neighbours with ownership of the Sputnik licenses and blocked specific similar histories – Latvia, 22; operation. But it was inevitable news outlets from access to the Why mention this if we look Lithuania, 28. Other countries that by Estonia messing with White House. at Estonia’s downgraded posi recovering from Soviet domina the Russian intelligence- tion in the Index? There is a tion – Slovakia, 33; Romania, controlled editorial activities in Last year the RSF escribed parallel that some would call 48; Croatia, 59; Ukraine, 96. Estonia, the RSF would still the situation in 2018: “Never rather tenuous. While EKRE’s favour a pluralistic and unre before have US journalists been openly-expressed opinion about Estonia’s linguistic cousin media in spite of subjected to so many death the “established” media has not saddled with a government that strained Sputnik’s o bvious mission. is steadily seizing control of the threats or turned so often to pri resulted in any anti-journalist press – Hungary, 89. (One must The US was downgraded vate security firms for protec violence nor restrictions of note that leading members of from a ‘satisfactory’ to a ‘prob tion.” Even though assaults press freedom and hasn’t been Estonia’s political party, EKRE, lematic’ category (ranked 45). against journalists in the last as intimidating as the White have been known to praise RSF has reasoned that the few years decreased slightly for House’s verbal assaults, it is Hungary’s anti-European Union, White House’s anti-press dia 2019, the RSF sees this public still somewhat related – a ultra-nationalistic, internationally tribes have eliminated the US as hostility towards the press de pathological distrust of the insular, and other positions.) being the world champion of riving from the president’s con media’s ‘hidden’ motives.
Freedom of the press and its opponents
Marcus Kolga, E.P. Mendes, S. Teich, Macleans, May 2020
could balloon beyond $146 billion and will only grow. Estimates of the future federal deficit from fighting COVID-19 range up to $400 billion. According to MLI senior fel low Phillip Cross, the total cost to Canada “should also include the damage done to Canada’s long-term potential growth, both from lower labour supply, less investment and firms going bankrupt.” While the Chinese govern ment cannot be tried in domes tic courts, according to the Foreign Sovereign Immunities Act in the U.S. and the State Immunity Act in Canada, other avenues are available to bring the regime to justice. International Health Regu lations (IHR) govern global health law on an international scale. For its mishandling of its COVID-19 outbreak, China is in violation of Articles six and seven. Article six requires that states first notify the WHO of an event of public health emer gency concern and provide any timely, accurate and detailed public health information avail able to it. Article seven extends this to circumstances that in clude a state seeing evidence of an unexpected or unusual public health event within its territory that may constitute a public health emergency of interna tional concern even if the origin or source of it is unknown. Under an IHR dispute settle ment mechanism, WHO mem bers can assert legal claims against China on the basis that it has incurred state responsibi lity under customary interna tional law for damages caused by the breach of its WHO obligations. So far, no state has expressed interest in doing this. This may not be surprising; a central obstacle to succeed in an international tribunal in a claim for “wrongful action” damages is proving causation. (Continued on page 9)
It would be naive to expect journalists to be totally objec tive, unbiased and without any ideological orientation. It’s equally simplistic to expect the RSF’s evaluations to be an impartial and totally accurate reflection of the actual circum stances that a country’s media enjoys or suffers. But in a liberal, democratic society, the media is supposed to be a safeguard against tyran ny, dishonesty and bogus government activities. It should have reasonable freedom to ex pose and oppose. Any intimida tion or disparagement of jour nalists because they disagree or criticize is unacceptable. An imperfect RSF is ultimately indispensable. (More on this in a future issue.) LAAS LEIVAT
