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Gambia Press Union Welcomes the Passing of Access to Information Bill 2021

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Gambia Press Union Welcomes the Passing of Access to Information Bill 2021

The Gambia Press Union and the Civil Society Coalition on Access to Information welcome the passing of the Access to Information Bill 2021 by the National Assembly on Thursday, July 1, 2021.

If the Bill is granted presidential assent, it will be the first time in the history of The Gambia for right of access to information to be legally recognized as a human right.  Globally, over 120 countries have such legislation and The Gambia has become the last country in English-speaking West Africa to have one.

The ATI Bill is a product of collaborative effort of the Gambian Civil Society which worked closely with the Government through the Ministry of Justice.  It was first tabled in 2019 by then Justice Minister Abubacarr Tambadou and has since gone through rigorous parliamentary scrutiny.

The Bill is aimed at proactive and organised dissemination of public records and information to the people.

Speaking on this milestone, the President of Gambia Press Union, Sheriff Bojang Jr., commended the National Assembly members for putting the Gambia on the true path to democracy.

“I want to commend the National Assembly members not just for passing the Bill, but also for debating on the Bill purely on its principles and benefits to society, devoid of partisan politics,” he said.

“This is an indication that all the political parties and indeed every Gambian is in support of access to information as it had been the missing piece in the Gambia’s quest to becoming a true democracy.”

With the technical and financial support of its partners, the GPU planted the seeds of civil society-led access to information campaign way back in 2016.  After a series of consultative meetings with the Government and other civil society organisations, the GPU collaborated with TANGO (The Association of NGOs) to establish the CSO Coalition on Access to Information.

The Chairman of the Coalition, John Charles Njie, said the change of Government in 2017 provided an opportunity for the media, government and civil society to work together towards a better Gambia.

“The passing of this Bill shows how mutually beneficial a collaboration between the civil society and government could become” he said.

“This is the first time that the civil society has worked with the Government on a legislation from conception to enactment, and for me that is an indication that the Government and civil society are not mutually exclusive. We are different sides of the same coin and it’s our two sides that make up a coin.

“The civil society is not here just to criticize government; we do constructive criticism where necessary, but we can also collaborate and work together in solving our problems and the success of this Access to Information Bill is a testimony to that fact.”

Mr. Njie commended the Ministries of Justice, and Information and Communication Infrastructure for leading the process on the side of the government.  The Ministry of Justice has been particularly instrumental in the process; the former Minister Tambadou played a key role and the current Minister, Dawda Jallow, took it and successfully completed the process.

From the outset, the Gambia’s Access to Information was not without international support. This came in the form of financial and technical assistance.  The main part of the funding came from the United Nations Democracy Fund (UNDEF) through a two-year project implemented by the GPU. Other partners including the United Nations Development Program, the National Endowment for Democracy, and the British Foreign, Commonwealth and Development Office were also key.

Technical support came in different forms and shapes from the Media Foundation for West Africa, Centre for Law and Democracy, Centre for Non-profit Law, Fesmedia, ARTICLE 19 and Gambia Bar Association.

The next steps

Given the political will and commitment demonstrated by the President of the Republic since the inception, we are equally confident that he would assent to the Bill within the 30-day legal limit required.

The GPU, through the CSO Coalition on Access to Information, will continue to intensify its awareness campaign about the legislation to make sure Gambians understand and are able to utilize it.

The collaboration with the Government will also be strengthened so that it creates the necessary structures and systems for the effective enforcement and implementation of the Act.

The enactment of the Access to Information Bill by the National Assembly is just the beginning of another step towards an effective Right to Know regime in The Gambia. More still needs doing and the GPU is hopeful that with commitment and continuous partnership of all institutions and agencies, the Act would contribute tremendously to the democratization process of the country.

Media Rights Agenda, Goodluck Jonathan Foundation Commend Gambia’s National Assembly for Passing Access to Information Bill into Law

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Media Rights Agenda, Goodluck Jonathan Foundation Commend Gambia’s National Assembly for Passing Access to Information Bill into Law

Friday, July 2, 2021:  The Goodluck Jonathan Foundation (GJF) and Media Rights Agenda (MRA) have commended The Gambia’s National Assembly for passing the country’s Access to Information Bill 2021 into Law yesterday, July 1, 2021 and called on President Adama Barrow to speedily sign the Bill into Law to consolidate the restoration of participatory democracy in the country which began with his ascension to power in 2017, following the historic elections of December 2016.

In a joint statement by Ms. Ann Iyonu, Executive Director of the GJF, and Mr. Edetaen Ojo, MRA’s Executive Director, the two organizations noted that “the signing of the Bill into Law by President Barrow will enable the Government of The Gambia to achieve a significant milestone in advancing the right of access to information for Gambians as a fundamental human right guaranteed under several international human rights instruments to which The Gambia is a party, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, which is the foundational human rights instrument on the African continent.”

According to them, 23 African countries presently have specific national access to information laws, with most of such laws coming from countries in West Africa while The Gambia is the only country in Anglophone West Africa that has not yet enacted or adopted a national access to information legislation.

Ms. Iyonu and Mr. Ojo noted that both the GJF and MRA have followed the progress of The Gambia’s Bill at different stages with keen interest, since its formal presentation to the National Assembly for consideration, adding that they have provided guidance and advice from time to time to their respective partners in civil society, in the media and in Government in The Gambia in an effort to enrich the content of the Bill, strengthen it and speed up the process of its consideration and passage.

In particular, they commended the Gambian Press Union (GPU) for its highly effective advocacy in support of the Bill, and the Attorney-General of the Gambia, Honourable. Dawda A. Jallow, for presenting the Bill to the National Assembly in 2019 and for moving the historic motion for the Third Reading and passage of the Bill on July 1.

Ms. Iyonu and Mr. Ojo said having regard to the fact that the Bill was presented to the National Assembly for consideration in December 2019, they are immensely pleased that in a period of less than two years since then, the Bill has already been passed and that there is a very real prospect that it will be signed into Law in the near future.

Both organizations pledged their readiness to support and assist the Government and people of The Gambia in ensuring the effective implementation of the new access to information framework after it becomes Law.

For further information, please contact:

 

Wealth Ominiabo Dickson

Communications Officer

Goodluck Jonathan Foundation, Abuja

E-mail: wealth[@]gejfoundation.org

 

Idowu Adewale

Communications Officer

Media Rights Agenda, Lagos

E-mail:  idowu[@]mediarightsagenda.org

AFEX Calls on African Governments to Ensure Safety of Journalists, Respect Digital Rights

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AFEX Calls on African Governments to Ensure Safety of Journalists, Respect Digital Rights

The Eighth General Meeting of the African Freedom of Expression Exchange (AFEX), a network of African freedom of expression and media development organisations which are members of the global press freedom advocacy network, IFEX, was held in Accra, Ghana, from 25 to 26 June 2021.

The meeting forms part of the major events of the AFEX network held annually. The 2021 General Meeting was presided over by Mr. Edetaen Ojo, Chairperson of AFEX’s Steering Committee, who is also the Executive Director of Media Rights Agenda (MRA). The meeting was attended by representatives of 11 of AFEX’s 15 member organisations from West, East, Central, and Southern Africa. AFEX members present at the meeting reviewed the activities implemented by the network from April 2019 to May 2021.

The meeting discussed the crippling impact of COVID-19 on the media industry and expressed concern about the array of COVID-related laws, regulations, protocols and practices that unduly restrict freedom of expression, access to information and digital rights in Africa.

The meeting highlighted the importance of access to the internet at affordable costs for all, as a pivotal enabler of other rights, especially during the pandemic and its aftermath.

Also, the meeting examined existing and emerging threats to freedom of expression and media freedom on the continent and discussed strategies for combating them.

The participants used the opportunity to exchange learning and experiences regarding the safety of journalists’ situation in the various countries and sub-regions of Africa. They further discussed how to address the challenges related to the right of freedom of expression and access to information arising out the fight against COVID-19 and how to confront the entrenched culture of impunity for crimes against journalists in many countries and virtually all the regions.

The representatives of the participating member organizations of AFEX resolved to increase awareness about the need for African governments to be transparent in the management of resources allocated to the fight against COVID-19; to put in place monitoring and reporting mechanisms at the national and regional levels to promote the safety of journalists and access to public information, among other issues.

 

These, among other concerns, were contained in a Resolution adopted by the members of AFEX after its meeting.  Below is the Resolution adopted at the meeting wherein the members:

  • Expressed concern about the deteriorating media freedom and freedom of expression environment in Africa, as evidenced by a surge in attacks on journalists and the violations of the rights in Nigeria, Ethiopia, Cameroon, Democratic Republic of Congo, Uganda, Guinea, Zimbabwe, South Sudan, and Guinea Bissau, among others, and the suppression of critical civil society voices through actions ranging from killings, other physical attacks, threats, arbitrary arrests and detention, to crippling fines and suspension of operating licenses, especially for broadcast stations.

 

  • Denounced the increasing resort to cyber security and cyber crime laws, the manipulation of anti-terror laws as well as COVID-19 related regulations that unduly restrict the work of the media, the harassment and jailing of journalists and civil society activists in an effort to suppress critical voices in various countries and undermine the free flow of information.

 

  • Expressed concern about the phenomenon of African governments disrupting social media networks and platforms or the entire internet as a tool to further silence critical voices or prevent mobilisation of the public to protest against unpopular decisions or policies in Ethiopia, Niger, Nigeria, Chad, Uganda, Congo-Brazzaville, Senegal, Algeria, Burundi, Egypt, Guinea, Kenya, Mali, Sudan and Togo over the past two years alone.

 

  • Specifically condemned the indefinite suspension of Twitter in Nigeria and the Facebook ban in Uganda as a gross and unjustifiable violation of the rights of Nigerians and Ugandans respectively to freedom of expression and access to information.

 

  • Demanded that the governments of Nigeria and Uganda immediately and unconditionally rescind their decisions on banning access to Twitter and Facebook and any other social media platforms to media, journalists, and the general populace, and allow all persons to enjoy and exercise their constitutional rights of access to information and freedom of expression online, as enshrined in the countries’ constitutions and several other regional, continental and international treaties and protocols that Nigeria and Uganda are a signatories to.

 

  • Condemned the killing of journalists across the continent including the killing in March this year of Jamal Farah Adan, a Somali broadcast journalist; two expatriate journalists killed in Burkina Faso in May 2021 and at least five killed in Nigeria since 2020 as well as the killing of Ghanaian journalist Ahmed Hussein Suale in Ghana in 2019.

 

  • Further condemned the growing trend of forced disappearances and the incidence of “missing” journalists in Tanzania and Mozambique such as journalist Ibrahimo Abu Mbaruco who has been missing since April 7, 2020.

 

  • Condemned the deadly crackdown by security agents on protests in many parts of Africa including the violent crackdown on #EndSARS protesters in Nigeria that resulted in the killing of dozen protesters.

 

  • Further urged governments in Africa to establish coordinating multi-stakeholder national mechanisms to guarantee the safety of journalists and other media practitioners who remain the major victims of freedom of expression violations, at both national and regional levels.

 

  • Called on governments in Africa to work towards formulating and implementing policies that promote the exercise and enjoyment of human rights on the internet and particularly meaningful and affordable connectivity as well as bridging the gender digital divide.

 

Members re-elected Mr. Edetaen Ojo, Executive Director of Media Rights Agenda in Nigeria, to serve as Chair of the AFEX Steering Committee for a further period of two years. They also elected to the Steering Committee Mr Samkelo Mokhine, Executive Director of Freedom of Expression Institute (FXI) in South Africa; Ms Mary Goch Ajith, Board Chair of the Association of Media Development in South Sudan (AMDISS); and Mr. Sulemana Braimah, Executive Director of the Media Foundation for West Africa (MFWA) in Ghana.

 

Adopted in Accra, Ghana, this Saturday, the 26th day of June 2021.

Joint Petition on the Need to Ensure Internet Availability at all Times in Eswatini

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Joint Petition on the Need to Ensure Internet Availability at all Times in Eswatini
The African Freedom of Expression Exchange (AFEX), Collaboration on International ICT Policy for East and Southern Africa (CIPESA), IFEX, Panos Institute Southern Africa, and, the Media Institute of Southern Africa (MISA) have petitioned the Prime Minister, to ensure that the internet, social media platforms, and all other communication channels are open, secure, and accessible regardless of the protests that are currently taking place in Eswatini.

Kindly read the petition below:

30 June 2021

We, the undersigned organisations, write to urgently appeal to you, Honourable Prime Minister, to ensure that the internet, social media platforms, and all other communication channels are open, secure, and accessible regardless of the protests that are currently taking place in Eswatini.

Our appeal is informed by reports that in the wake of the current pro-democracy protests, the Eswatini government has reportedly ordered network providers, Eswatini Post and Telecommunications, Eswatini MTN and Eswatini Mobile, to turn off internet connectivity.

By blocking access to the internet, the Eswatini government is violating fundamental human rights of all citizens of eSwatini, including but not limited to the right to free speech and opinion, access to information and the right to assembly.

Further, internet shutdowns disrupt emergency services, cripple economies and restrict the flow of business-related information and communications, including internet-based banking services and transactions.

The internet and social media platforms play a critical role in enhancing participatory governance in a democratic society through the provision of space for communicating, public debates and citizens’ right to seek and share information on how they are governed.

We also note with concern that the current Internet shutdown comes at a time when freedom of the media and that of expression have been deteriorating in Eswatini.

Research shows that internet shutdowns and violence go hand in hand. Shutting down the internet during protests only serves to heighten tensions and this is likely to be followed by more violence.

By disrupting the free flow of information, shutdowns exacerbate existing tensions and create space to conceal potential violence and human rights violations perpetrated by both state and non-state actors.

The abhorrent, undemocratic actions of the government of the Kingdom of Eswatini are a clear violation of the ACHPR principles. The African Commission on Human and Peoples’ Rights (ACHPR) Resolution of 2016, recognises the “importance of the internet in advancing human and people’s rights in Africa, particularly the right to freedom of information and expression.”

The ACHPR/Res. 362 (LIX) 2016, also condemns the “emerging practice of State Parties interrupting or limiting access to telecommunication services such as the internet, social media, and messaging services.”

Additionally, UN experts and high-level officials — including the UN Secretary-General — formally affirm that “blanket Internet shutdowns and generic blocking and filtering of services are considered by United Nations human rights mechanisms to be in violation of international human rights law”.

Eswatini Post and Telecommunications, Eswatini MTN and Eswatini Mobile, have a responsibility to Eswatini citizens to keep the internet on.

Eswatini MTN,  in line with the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, has the added responsibility to respect human rights, prevent or mitigate potential harms, and provide a remedy for harms they cause or contribute to.

Further, the UN Guiding Principles outlines that “states should take additional steps to protect against human rights abuses by business enterprises that are owned or controlled by the State”.

Honourable Prime Minister, we thus call upon you to immediately end the internet shutdown and restore internet access to all the citizens of Eswatini.

Signed,

African Freedom of Expression Exchange (AFEX)
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
IFEX
Panos Institute Southern Africa
Media Institute of Southern Africa (MISA)

 

cc: Southern Africa Development Community (SADC) Chairperson, His Excellency President Filipe J. Nyusi
cc: Southern Africa Development Community (SADC) Incoming Chairperson, His Excellency Dr Lazarus Chakwera
cc: The Executive Secretary of the Southern African Development Community (SADC), Dr Stergomena Lawrence Tax
cc: African Union Chairperson His Excellency President Felix-Antoine Tshisekedi
cc: ACHPR Special Rapporteur on Freedom of Expression and Access to Information – Commissioner Jamesina King
cc:  UN Special Rapporteur for Freedom of Opinion and Expression Irene Khan
cc: Eswatini Post and Telecommunications
cc: Eswatini MTN
cc: Eswatini Mobile

MFWA salutes court order restraining Nigerian government from prosecuting Twitter users

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MFWA salutes court order restraining Nigerian government from prosecuting Twitter users

The Media Foundation for West Africa (MFWA) welcomes the ruling by the ECOWAS Court of Justice in Abuja on June 22, 2021, in which it “restrained the government of President Muhammadu Buhari and its agents from unlawfully imposing sanctions or doing anything whatsoever to harass, intimidate, arrest or prosecute Twitter and/or any other social media service provider(s), media houses, radio and television broadcast stations, the Plaintiffs and other Nigerians who are Twitter users, pending the hearing and determination of this suit.”

The ruling followed a suit filed against the government by the Socio-Economic Rights and Accountability Project (SERAP) and 176 concerned Nigerians arguing that “the unlawful suspension of Twitter in Nigeria, criminalization of Nigerians and other people using Twitter have escalated repression of human rights and unlawfully restricted the rights of Nigerians and other people to freedom of expression, access to information, and media freedom in the country.”

SERAP is a non-profit, non-partisan, legal and advocacy organisation devoted to promoting transparency, accountability and respect for socio-economic rights in Nigeria. The plaintiffs had sought an order of interim injunction restraining the Federal Government from implementing its suspension of Twitter in Nigeria and proceeding with its threat to prosecute those who breach the ban, including media organisations.

On June 4, 2021, Nigeria’s information and culture minister, Mr Lai Mohammed, announced the ban on Twitter in the country after the social media platform deleted a tweet by President Muhammadu Buhari for violating the company’s policies.

Nigerian Twitter users took to Virtual Private Networks (VPNs) to bypass the censorship. However, the country’s Minister of Justice, Abubakar Malami, ordered the “immediate prosecution” of those breaching the ban, and directed government agencies to cooperate with prosecutors “to ensure the speedy prosecution of offenders.” The National Broadcasting Commission (NBC) also ordered TV and radio stations to “suspend the patronage of Twitter immediately.”

“The court has listened very well to the objection by Nigeria. The court has this to say. Any interference with Twitter is viewed as inference with human rights, and that will violate human rights. Therefore, this court has jurisdiction to hear the case. The court also hereby orders that the application be heard expeditiously. The Nigerian government must take immediate steps to implement the order,” the court explained.

It said the criminalisation of people using Twitter had escalated the repression of human rights and unlawfully restricted freedom of expression, access to information and media freedom in the country.

The Court of Justice is composed of independent judges appointed by the authority of heads of state of government from the Economic Community of West African States (ECOWAS) member states.

The court issued the verdict after hearing arguments from Solicitor to SERAP, Femi Falana SAN, who is also a Board member of MFWA and Maimuna Shiru, counsel for the government.

“The intervention of the ECOWAS Court is a timely relief for millions of Nigerians using Twitter who have been threatened with prosecution under the provision of the Penal Code relating to sedition,” Falana said in reaction to the verdict.

The plaintiffs had averred that the suspension and threat of prosecution by the Federal Government is arbitrary and constitute a fundamental breach of the country’s international human rights obligations including under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of International Covenant on Civil and Political Rights to which Nigeria is a state party. The substantive suit has been adjourned to 6th July 2021.

The MFWA is also glad to learn that four journalists and five non-governmental organisations in Nigeria have also filed a suit against the Federal Government at the ECOWAS Community Court of Justice in Abuja challenging the suspension of Twitter in Nigeria as a violation of their human rights under international law.

The suit, lodged with number ECW/CCJ/APP/29/21 ECW/CCJ/APP/29/21, was filed on behalf of the plaintiffs by Abuja-based human rights and free expression lawyer, Mrs Mojirayo Ogunlana Nkanga, under the African Charter on Human and Peoples’ Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR), the Revised ECOWAS Treaty, and the Nigerian Constitution, among others.

The plaintiffs claim that Nigeria’s ongoing Twitter ban violates their right to freedom of expression and interferes with the ability of the journalists to do their work.

The MFWA welcomes the verdict of the ECOWAS Court and commends the efforts of the media and civil society in Nigeria in challenging the repressive and retrogressive Twitter ban in that country. We urge the government to comply with the court’s ruling and refrain  from prosecuting violators of the Twitter ban.

Southern Africa Development Community Ignores Media in Vision 2050

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Southern Africa Development Community Ignores Media in Vision 2050
The Media Institute of Southern Africa (MISA) on June 21, 2021, wrote to the Chairperson of the Southern Africa Development Community, President Filipe J. Nyusi of the Republic of Mozambique regarding the safety and security of journalists and the implementation of contentious cybersecurity laws in the SADC region.

In its letter, the regional body also cited that the media had not been included in the SADC regional development framework, Vision 2050.

Read MISA’s letter below;

18 June 2021

His Excellency President Filipe J. Nyusi
President of the Republic of Mozambique
Chairperson of the Southern Africa Development Community
Maputo
Mozambique

Your Excellency,

Media Institute of Southern Africa (MISA) Regional Secretariat moves to Harare, Zimbabwe

The Media Institute of Southern Africa (MISA), by virtue of this letter, proffers its sincere greetings and compliments to you.

Your Excellency, allow me on behalf of the MISA Regional Governing Council to convey our heartfelt condolences on the passing on of the people’s Republic of Zambia’s founding leader, His Excellency President Kenneth Kaunda.

President Kaunda belongs to the selfless generation of leaders that sacrificed their countries’ socio-economic development and improved livelihoods for their citizens in the furtherance of the strategic objectives for an independent and free Africa.

The MISA family joins the rest of the world in mourning the passing on of this gallant son of the continent and is indeed inspired by his indelible and enduring footprints in his quest for a just and free continent and indeed the entire world.

Your Excellency, by virtue of this letter, we write to inform you that the secretariat of MISA, the regional body advocating for the improvement and enjoyment of media freedom, freedom of expression, access to information and the protection of privacy rights, is now based in Harare, Zimbabwe.

The organisation was officially launched in September 1992 when it elected its first Regional Governing Council (RGC) in Windhoek, Namibia.

MISA was established by southern African media practitioners to implement the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic African Press, hence the decision then, to locate the Regional Office in Windhoek.

By June 1994, MISA had opened a Regional Secretariat in Windhoek employing three people. In 1996, it transformed itself from a regional network of activists into a regional NGO with membership-based National Chapters.

Its Regional Secretariat then moved to Lusaka, Zambia in 2018, and subsequently, to Zimbabwe on the 4th of June 2021.

MISA is generally considered by stakeholders, as one of the strongest organisations working for media freedom and freedom of expression in Southern Africa.

Currently, MISA has fully operational Chapters in eight (8) SADC countries: Botswana, Lesotho, Malawi, Eswatini, Mozambique, Tanzania, Zambia and Zimbabwe.  The other Chapters in Angola and South Africa, operate at reduced levels of activity.

MISA has since positioned itself as the primary advocate for media freedom and freedom of expression in Southern Africa. Each Chapter enjoys a national membership made up of media practitioners and media institutions.

Your Excellency, we are happy to inform you that MISA programmes have since grown and now have a global outreach, and most notably, through the organisation’s media violations monitoring programme.

MISA’s work and agenda has also been taken up by many civic organisations in the region, thereby creating consciousness on the linkages between media freedom, freedom of expression and broader human rights, democratic and development campaigns.

Its Regional Governing Council is chaired by the current MISA Zimbabwe Chairperson, Golden Maunganidze.  The deputy chairperson is the MISA Lesotho Chairperson, Nkoale Oetsi Tsoana,  while the Chairperson of MISA Tanzania, Salome Kitomary,  is the Treasurer.

Your Excellency, let me also take this opportunity to bring to your attention, key issues that we are grappling with as a region as far as freedom of expression, access to information and media freedom are concerned.

These issues, which are of great concern to us, pertaining to the disappearance of Azory Gwanda of Tanzania, and Ibraimo Mbaruco of Mozambique; the continued persecution of Hopewell Chin’ono in Zimbabwe, and persecution of Eswatini journalists Eugene Dube and Zweli Dlamini, and the general targeting of journalists in that country,  and the state of insecurity in northern Mozambique.

Furthermore, Southern African countries are seemingly in a race to implement contentious cybersecurity laws following the SADC Heads of State and Government Summit in Maputo in 2020.

MISA is concerned with the seeming regional consensus on the need to snoop on the Internet without much attention and due regard to the enjoyment of fundamental human rights, particularly the protection of citizens’ right to privacy.

Further, the fake news regulations which started with South Africa, triggered similar laws in Botswana, Zambia, Eswatini and Namibia, among others.

Zambia has already enacted a cybersecurity law, while Zimbabwe is following suit.

On the other hand, the Lesotho government has gazetted the Communications (Subscriber Identity Module and Mobile Device Registration) Regulations of 2021, which makes it a requirement for everyone in that country using mobile phones to have their personal information stored with the Lesotho Communications Authority (LCA) and accessed by security agencies with ease, but without their consent.

Sometime in April 2021, the Information and Communications Technology Authority (ICTA), of Mauritius, proposed amendments to the ICT Act which were supposedly aimed at ‘regulating the use and addressing the abuse and misuse of social media in Mauritius’.

The Cybercrime and Data Protection Bill before Zimbabwe’s parliament seeks to establish a mass surveillance society through compromising data handling, storage and retrieval, among other issues. In the majority of these proposed frameworks in Lesotho, Mauritius and Zimbabwe, they entrench surveillance and censorship.

Your Excellency, it is our humble submission, that these laws fall far short of regional and international standards and instruments on human rights such as the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention), which sets the standards for cybersecurity and personal data protection laws as well as capacity building, knowledge exchanges and experience sharing among signatories.

Further, in February this year, Citizen Lab, a Toronto based research organisation, conducted research on the use of spyware. It detected that there were seven African countries using the Circles spyware to snoop on citizens’ communications.

Zimbabwe, Zambia and Botswana, are among the seven African countries from SADC, that were identified as using the Cycles spyware. This is in violation of both domestic laws and ACHPR frameworks that protect the right to privacy.

MISA notes that the SADC regional development framework, Vision 2050, does not have a media component. This a glaring omission given that the media is a key strategic partner for the realisation of socio-economic development.

A free and secure media is critical in supporting the region in the provision of access to information for socio-economic development, poverty eradication, and regional integration.

MISA reaffirms the crucial role of the media towards the fulfilment of the Sustainable Development Goals (SDGs), Agenda 2063, and sustainable socio-economic development in the Southern African region.

With this in mind, MISA urges regional governments to take all necessary measures to guarantee the safety and security of journalists. The media can only play its role in promoting sustainable development and regional integration if it is allowed to operate freely.

In addition, MISA urges SADC governments to ensure that the region’s cybersecurity regulation is informed by the revised principles of the ACHPR Declaration on Freedom of Expression and Access to Information which recognises the Internet as a fundamental right.

In cases where countries have developed repressive legislation and regulations against fake news following the COVID-19 outbreak, MISA requests for a roadmap of when these laws will be repealed.

SADC members states could emulate and take a cue from Namibia and Ghana, notwithstanding other challenges,  which are ranked number one and two on the continent;  24 and 30 respectively on the global scale by the Reporters without Borders (RSF) 2021 World Press Freedom Index.

Your Excellency, MISA remains open to constructive engagement with the Governments of Southern Africa, through the SADC Secretariat, and is more than willing to share and offer its expertise on these issues that require immediate attention.

Golden Maunganidze
Regional Governing Council Chairperson

Nigeria: MRA Condemns Killing of Radio Presenter, Calls on Government to Apprehend and Prosecute Perpetrators

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Nigeria: MRA Condemns Killing of Radio Presenter, Calls on Government to Apprehend and Prosecute Perpetrators

LAGOS, Monday, June 21, 2021: Media Rights Agenda (MRA) today condemned the killing in Ibadan, Oyo State, on Saturday, June 19 of popular radio presenter, Mr Titus Badejo, by unknown gunmen and called on the Federal Government as well as relevant security and law enforcement agencies, especially the Nigeria Police and the Department of State Services (DSS), to conduct a thorough investigation and ensure that the perpetrators are apprehended and prosecuted.

Badejo, popularly called “Ejanla”, meaning “big fish”, has worked with Space FM and later Naija FM in Ibadan. He was reportedly shot by two masked men on motorbike at about 11.30pm while he was leaving a club house, where he also worked as a disc jockey. The masked men ordered Badejo and his friends who were with him out of the car and asked them to lie on the ground. Thereafter the gunmen shot Badejo and left without taking anything or hurting any of his friends with him.

In a statement issued in Lagos, MRA’s Programme Director, Mr. Ayode Longe, said: “The killers of Badejo must be apprehended and prosecuted to put an end to the impunity in the killing of journalists, which is becoming a culture in Nigeria. We cannot accept as normal the fact that the Government is failing in its constitutional responsibility and international treaty obligation to ensure the safety and security of citizens, especially journalists.”

Noting that Badejo is the 18th journalist killed under this civilian government, going by MRA’s records on the killing of journalists, Mr. Longe stressed that “it is scandalous that there is no single instance where those responsible for killing journalists or other media workers have been identified, arrested and prosecuted. The situation evidences a degree of incompetence that is as tragic as the gruesome statistics of attacks on journalists that we are compelled to live with. Obviously, the killers of journalists have become emboldened into believing that they can suffer no consequences for their horrific crimes.”

He observed that in this age of fake news and misinformation, the role and work of journalists is more important now than ever before, adding that by failing to take decisive action to check the constant attacks on journalists, the Government is complicit through its negligence in the silencing of the voices of journalists and independent media.

Mr. Longe said despite assurances by the Oyo State Police Public Relations Officer (PPRO), DSP Adewale Osifeso, that investigations are ongoing to unravel the circumstances surrounding the incident and apprehend the assailants, MRA wants to see concrete action taken in the matter in order to put an end to the needless killings of journalists and other media workers in Nigeria.

He therefore called on the Nigeria Police to rise up to the occasion and ensure that henceforth all attacks on journalists and other media workers are properly and speedily investigated and that in every such case, the perpetrators are brought to justice.

 For further information, please contact:

Idowu Adewale
Communications Officer,
Media Rights Agenda
Email: idowu[@]mediarightsagenda.org

Ghana RTI Court case: MFWA Disappointed at Ruling

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Ghana RTI Court case: MFWA Disappointed at Ruling

The Media Foundation for West Africa (MFWA) has received with disappointment the ruling on June 17, 2021 by the Human Rights Division of the Accra High Court on its request to Ghana’s National Communications Authority (NCA) for information on the closure of some broadcast stations.

Background
In exercising our right under the Right to Information (RTI) Law and Article 21 (f) of the 1992 Constitution, the MFWA sued the regulator late last year after it demanded GHC2,000 in order to grant the request for information on the radio stations it shut down.

The NCA had indicated that the FM stations it shut down, including notable ones sympathetic to the main opposition National Democratic Party (NDC), had not renewed their authorisation license. MFWA noticed from the NCA’s “List of Authorised VHF-FM Radio Stations in Ghana as at Second Quarter 2020” that some radio stations whose last authorisation renewal suggested that they had defaulted were still operating while others were shut down. This information was on the website of the NCA as required by law.

When the MFWA made calls to the NCA to find out, the NCA official promised to get back to the organisation with a response. That response did not come. The NCA, however, pulled down the information on its website and deleted two columns—date of first authorisation and date of last authorisation renewal—before uploading the information again on its website.

We asked for the reason for the deletion of the two columns from the report it had previously published.

Ruling
The Court granted our requests 1, 2 and 4 relating to the list of all radio stations that had been shut down by the NCA, a list of all authorised TV stations, a list of all authorised VHF-FM radio stations, and the respective dates of first authorisation and last authorisation renewal. The presiding judge, Justice Gifty Agyei Addo, however, declined the request for the regulator to explain certain changes it had made to a report on its website.

The MFWA is disappointed at the ruling for a number of reasons:

1. The Court asked that the MFWA pays a fee of GHC1,500 to the NCA in order to have our request granted. The bone of contention was the GHC2000 the NCA demanded in order to furnish the MFWA with the information we had requested under the RTI law. We find it curious that the judge ordered us to pay GHC1,500 for the information, despite stating that the NCA had misconceived the provisions on fees and charges under the Electronic Communications Act (Act 775). We find the amount to be exorbitant, given that section 23(3)(d) of the RTI Act provides that “Where the Information Officer decides to give access; the notice shall state the prescribed fee for the REPRODUCTION of information.” (Emphasis supplied).

2. The NCA already has the information we requested—the information based on which it proceeded to shut down radio stations—and does not have to conduct any kind of research to put it together as the authority is claiming. Even if the NCA had to conduct a fresh search in order to compile the information, the law provides for payment for the reproduction of the information such as printing, photocopying etc. and not the time used by the public official to put the information together.

3. The fee of GHC2,000 demanded by the NCA was a ploy to dissuade us from pursuing the information we were seeking. The MFWA did not go to court because it could not pay. While we can pay the GHC1,500 fees decided by the court, it is important to underline the fact that the right to access public information under the RTI law accrues to all Ghanaians including the lowest income earners. This precedent, can therefore, discourage or disenable a certain class of Ghanaians from exercising this.

4. The court also dismissed our request to the NCA to explain why it deleted two columns from its report before reposting on its website saying we were asking for an opinion, and not information. We find this unfortunate because request for information is not limited to data. The information could be an explanation for decisions taken by the public institutions on behalf of the people.

5. Another issue we find worrying about the judgment is the Court’s decision that the information we requested is not of public interest. The radio stations broadcast to the general public and their closure was of national interest. The Minister responded to the issue in parliament and it featured prominently during the sector minister’s vetting. It is therefore difficult to understand how the request could be said to be for the MFWA’s personal interest.

6. We wish to state that we went to court as a matter of principle. We sought to prevent a precedent that can encourage public institutions to dissuade RTI requests by demanding exorbitant fees from applicants, some of whom could be ordinary or even vulnerable citizens.

We will wait and study the judgement from the court together with our legal team to decide the next line of action and would inform the public accordingly.

MISA Regional Secretariat moves to Zimbabwe

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MISA Regional Secretariat moves to Zimbabwe

On 4 June 2021, the Media Institute of Southern Africa (MISA) Regional Governing Council elected its new leadership.

The RGC held its meeting at the Holiday Inn in Harare, where it elected Golden Maunganidze as its chairperson.

He will be deputised by Nkoale Ts’oana Joseph, the MISA Lesotho Chairperson, while Salome Kitomary, the MISA Tanzania chairperson was elected Treasurer.

Maunganidze takes over from Helen Mwale, the former MISA Zambia chairperson.

In his acceptance speech, the RGC chairperson called on the organisation to engage in a business unusual approach towards the attainment of its strategic objectives.

“This is a golden opportunity for MISA to define and craft blue ocean strategies that consolidate its leadership position and expertise on issues pertaining to free expression, access to information and media freedom… we have an opportunity to sustain the reconstruction of a competitive institution that stands tall among others in shaping the course of expression, access to information and media freedom in the SADC region, continentally and globally,” Maunganidze said.

All the eight MISA chapters participated in the meeting, which was held on the sidelines of the Regional Multi-stakeholder Internet Governance Forum on the same day.

MISA Regional Secretariat moves to Zimbabwe
Meanwhile, the RGC also unanimously resolved that the MISA Regional Secretariat moves to Zimbabwe in line with the strategic objectives of the organisation. MISA Zimbabwe takes over the role from MISA Zambia, the chapter which was performing the role since 2018.

“A very huge task has been placed on our shoulders as MISA Zimbabwe on behalf of the regional network. As MISA Zimbabwe we salute the sterling work done by our sister chapter in Zambia and accept the task to take the work forward with humility,” MISA Zimbabwe National Director, Tabani Moyo said.

“All the chapters have a renewed sense of ownership, belief and commitment to the network, whose footprints on campaigns on expression, access to information and media freedom remain indelible in the region.

“But above all, this is an expression of unity of purpose among chapters on the need for registering sustainable impact through the organisation’s interventions.”

The MISA Regional Office closed office in 2015.

Since then, the chapters have been organising themselves to better coordinate their regional lobby and advocacy efforts.

Enquiries:
MISA Regional Secretariat
Harare, Zimbabwe
Tel/Fax: +264 242 776 165/ 746 838
Email: misa[@]misazim.co.zw

Nigeria: MRA, IPC Condemn Federal Government’s Twitter Ban

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Nigeria: MRA, IPC Condemn Federal Government’s Twitter Ban

Lagos, Monday, June 7, 2021:  Two non-governmental organizations, Media Rights Agenda (MRA) and the International Press Centre (IPC) today condemned the Federal Government’s indefinite suspension of Twitter in Nigeria and threatened to lodge a formal complaint before the appropriate agencies of the African Union (AU) and the United Nations (UN) if the Government does not immediately rescind the ban, arguing that the action is an unjustifiable violation of the rights of all Nigerians to freedom of expression and access to information, while also contravening the relevant instruments of both bodies.

In a statement issued in Lagos, the organizations condemned the Government’s action as a violation of international norms and standards, citing the African Commission on Human and Peoples Rights’ Resolution 362 on the Right to Freedom of Information and Expression on the Internet in Africa, adopted on November 4, 2016 at its 59th Ordinary Session; the Declaration of Principles on Freedom of Expression and Access to Information in Africa, adopted by the Commission in November 2019, at its 65th Ordinary Session; and recent UN Human Rights Council resolutions touching on the matter.

In the statement signed by MRA’s Executive Director, Mr. Edetaen Ojo; and the Executive Director of IPC, Mr. Lanre Arogundade, the organizations noted that in its Resolution 362 of 2016, the African Commission has expressed concern at the practice by African States of “interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services.”

Besides, they said, the Declaration of Principles also provides in Principle 38 (1) and (2) that “States shall not interfere with the right of individuals to seek, receive and impart information through any means of communication and digital technologies, through measures such as the removal, blocking or filtering of content, unless such interference is justifiable and compatible with international human rights law and standards” and that “States shall not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population.”

The organizations also cited the UN Human Rights Council resolution on the promotion, protection and enjoyment of human rights on the Internet, adopted at its 38th Session in July 2018, in it asked “all States to address security concerns on the Internet in accordance with their international human rights obligations to ensure the protection of all human rights online, in particular freedom of opinion and expression, freedom of association, and privacy, including through democratic and transparent national institutions, based on the rule of law, in a way that ensures freedom and security on the Internet so that it can continue to be a vibrant force that generates economic, social and cultural development.”

In addition, they noted that in its latest resolution related to the matter, which was adopted at its 45thSession in October 2020, the Council has also unequivocally condemned “measures in violation of international human rights law aiming to or that intentionally prevent or disrupt access to or dissemination of information online and offline, which undermine the work of journalists in informing the public, including through practices such as Internet shutdowns or measures to unlawfully or arbitrarily block or take down media websites, such as denial of service attacks” and called on “all States to cease and refrain from these measures, which cause irreparable harm to efforts at building inclusive and peaceful knowledge societies and democracies.”

The organizations called on the Federal Government to urgently take steps to comply with these internationally agreed norms and standards and retrace its steps from its current path, which puts Nigeria in danger of becoming a rogue nation that is constantly violating international human rights law as well as the principles of international law.

Mr. Ojo, said:  “The Government’s claim on the persistent use of the platform for activities that are capable of undermining Nigeria’s corporate existence is not only unsubstantiated, but is clearly bogus and illogical. The pertinent questions here are: who is the government accusing of using the platform for activities capable of undermining Nigeria’s corporate existence? Is it the owners of Twitter that are posting such tweets? Is it foreigners using the platform for such activities? Or is it all Nigerians who are on Twitter or some of those Nigerians who use Twitter? The Government needs to be specific on this.”

According to him, “If some Nigerians on Twitter are using it in a manner that displeases the Government, how is banning Twitter for all Nigerians, in contravention of international norms an appropriate response? And if the government is convinced that people should not be allowed to post whatever they like on Twitter, no matter how divisive, hateful or inciting, why was the Government itself so angry when Twitter deleted a tweet by President Muhammadu Buhari, which it adjudged to be in violation of this same principle? Why did the Government opt to embark on this highhanded response which violates the rights of all Nigerians to freedom of expression and access to information instead of appealing Twitter’s decision on President’s Buhari’s post or challenging it in a judicial forum?”

Similarly, Mr. Arogundade said: “On the surface the government claims it is fighting Twitter but in reality what it is doing is waging war against its own citizens by infringing on their fundamental and socio-economic rights despite their being constitutionally guaranteed. If anything, the threat by the Minister of Justice, Mr. Abubakar Malami (SAN), to prosecute anyone that disobeys the ban is indicative of the fact that if this government has its way all social media platforms would be shut down because they have become veritable avenues for citizens to express their disaffection with its acts of mis-governance”.

Mr. Arogundade added that, “the ban does not show that the government is serious about the welfare or economic well-being of the citizens otherwise it would have given due consideration to how the decision would disrupt businesses that are transacted by many individuals and corporate bodies on Twitter and affect investor confidence in the Nigerian economy before rushing to make the announcement”.

For further information, please contact:

Stella Nwofia
Programme Manager, International Press Centre

Tel: +234 802 035 9629

E-mail: stellanwofia[@]ipcng.org

Ayode Longe

Director of Programmes, Media Rights Agenda

Tel: +234 802 329 8628

E-mail: ayode[@]mediarightsagenda.org

The Gambia: GPU Condemns Physical Assault of Journalist by State House Photographer

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The Gambia: GPU Condemns Physical Assault of Journalist by State House Photographer

The Gambia Press Union (GPU) condemns in the strongest terms the physical assault on a reporter for the online platform, Kerr Fatou, by President Adama Barrow’s photographer.

Modou E. Njie of the Office of the President physically assaulted Buba Gagigo of Kerr Fatou who was covering President Barrow’s registration for a voter’s card on Wednesday, 2nd June, in Banjul. Gagigo suffered bruises on his face and hand as a result of the assault.

It is the second time that a reporter for the independent online news platform has been assaulted by persons associated with the President.  In 2019, during one of the nationwide tours of President Barrow, a Kerr Fatou staff assigned to cover the tour was assaulted by a local language interpreter of the President after accusing the media outlet of being politically biased against the President.

This latest assault on Kerr Fatou staffer happened in the presence of the Chairman of the Independent Electoral Commission, police and other security officers at the McCarthy Square in Banjul where voter’s cards were being issued.

The GPU sent a delegation to Banjul to make sure that the matter is given the attention it deserves and that due course of the law is followed.  A formal complaint has been filed at Banjul Police Station where both the reporter and the alleged assailant gave their statements.

The GPU can confirm that the matter is due for criminal prosecution at Banjul Magistrates’ Court on Friday, 4th June.

Mr Gagigo said the State House staffer assaulted him after accusing him of obstructing him from taking photos of President Barrow.

“As we were interviewing the president [Adama Barrow], Njie was behind me taking photos of the president while I put our microphone to the president.  He later came to me saying I intentionally stood in front of him while he was taking pictures.  I told him I wouldn’t know what happens behind me while I was concentrating on the interview with the president.  And there were many other people,” Gagigo told the GPU.

 “From the president’s interview, I continued to interview the IEC chairman and immediately after that interview, the guy [Njie] attacked me, knocking me to the ground.  He was hitting me continuously until the police and some other journalists on the ground intervened.”

The President of the GPU said the Union is deeply saddened and worried by the assault on Gagigo.

“This is unwarranted, unacceptable and a direct assault on press freedom,” President Sheriff Bojang Jr said. “This sort of attacks on journalists must stop, and in this case, we want the perpetrator punished to deter him and others who have no regard for the rights of journalists from committing similar violations.”

This latest assault of a journalist by a State House photographer rekindles the bad and unacceptable memories of similar attacks on journalists with impunity by people close to the State House during the dictatorship.

President Barrow’s accusation of journalists of bias and unfavourable coverage have the potential of fanning his supporters and militants against the media.

The GPU wishes to reiterate that it is the primary obligation of the State, its agents and everyone to protect and respect media freedom and independence as journalists execute their watchdog function. Assaulting journalists in their line of duty is inexcusable, intolerable and unacceptable.

AFEX Calls for Release of Detained Journalist

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AFEX Calls for Release of Detained Journalist

The Africa Freedom of Expression Exchange (AFEX) is deeply worried about the prolonged detention of the journalist Jeffrey Moyo and is calling on the Zimbabwean authorities to release the journalist and drop all charges leveled against him.

On May 26, 2021, security officers arrested Jeffrey Moyo, a freelance journalist based in Harare, the capital of Zimbabwe. Including The New York Times, for which Moyo works, he also contributed to reportages for many other international media houses such as The Mail and Globe in Canada, and Thomas Reuter Foundation. An officer from the Zimbabwe immigration services was also arrested alongside Moyo.

The arrest and detention of Moyo followed the arrival in Zimbabwe, on May 5, 2021, of two foreign journalists; Joao Silva and Christina Goldbaum, from the USA-based media, The New York Times.

According to Doug Coltart, the lawyer of the journalist, Zimbabwean authorities accused Moyo of violating Section 36 of the country’s immigration law by allegedly helping the two journalists to obtain “false media accreditations”.

Three days after the arrival of the two journalists, the security forces arrested Silva and Goldbaum in their hotel in Harare and expelled them to South Africa.

Moyo and the immigration officer who was arrested were denied bail on May 31, 2020. They are remanded in custody until June 10, 2021. If convicted, they could be imprisoned for up to 10 years.

According to  Moyo’s lawyer, the journalist is detained in appalling conditions in the overcrowded Bulawayo Central Prison. His wife has been denied the right of visit to him.

Moyo’s arrest and the expulsion of the two New York Times journalists add to a tall list of journalists whose right shave been abused by the Zimbabwean authorities.

Before Moyo, the authorities arrested and jailed three times journalist, Hopewell Chin’ono.  and anti-corruption fighter, on several accounts, and refused to grant him bail, only for the supreme court, on April 28, 2021 to quash the charges leveled against him. Chin’ono was wrongfully arrested, detained and jailed under an obsolete law that ceased to exist since 2014. However, the police used that law to arrest him and frustrate him, simply because Chin’ono is a fierce critic of the Zimbabwe government and exposes corruption and injustices.

AFEX is extremely concerned about the fate of the journalist Moyo, and the increasing deteriorating press freedom and freedom of expression situation in Zimbabwe. Therefore, we call on the authorities to release the detained journalist unconditionally. We also demand that the authorities respect, guarantee and protect press freedom and expression.

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