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8 Journalists Killed in 3 Years: The Deplorable State of Press Freedom in Somalia

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8 Journalists Killed in 3 Years: The Deplorable State of Press Freedom in Somalia

Somalia remains one of the most dangerous places for journalists across the globe. For the fifth year in a row, the country has maintained the ignominious world title for impunity towards killed journalists. The Somali authorities rarely investigate cases of killings or attacks on journalists, media outlets and critics.

At least eight journalists have been killed in south central Somalia and Puntland in the past three years. Four of the journalists (including a cameraman who was shot dead by a policeman) were killed in 2018, two in 2019 and two others in 2020.

Another journalist survived – albeit with serious injuries – an attempt on his life after a bomb attached to his car was remotely detonated in December 2018.

No one has been arrested for the killings or the attempted murder of these journalists.

To an unprecedented level, assaults and targeted incidents of attacks on journalists have risen. More than 30 such assaults were recorded in 2018 with majority of them particularly targeted at journalists covering stories at national events, at blast sites covering the aftermath of al-Shabaab attacks, during demonstrations against government policies and while going through security checkpoints in Mogadishu.

Apart from these, the authorities in Mogadishu, those in Puntland as well as in Somaliland have raided and temporarily closed media outlets to prevent or discourage coverage of news events, to extort money from media owners or as retaliation against the media outlet for being critical.

The year 2019 also ended as multiple actors continued to target journalists and media professionals in Somalia. While the number of journalists killed in Somalia was considerably less than previous years, the level of arbitrary arrests, attacks and suspensions remained high in 2019 across Somalia.

According to data compiled by the Somali Journalists Syndicate (SJS), 53 cases of arbitrary arrests were recorded. There were also 81 incidents of physical assaults. Three of these journalists were severely wounded, two of them with gun shots.

There were also death threats against journalists, and obstruction of access to information during the year.

Seven media houses were also shut across the country during 2019. Police in Puntland were extremely aggressive to the media and carried out four raids on independent media houses for investigative news reports deemed critical of the state.

The politically sensitive elections that took place in the regional states during 2019 could partially explain the high level of state-led attacks on the press. According to interviews with journalists, officials routinely ordered the detention of journalists as an intimidation exercise to quell critical stories. This trend may explain why the majority of journalists’ detentions took place without any charges presented across Somalia in 2019.

Key red lines for coverage remain across the country. In 2019, there were at least 15 incidents of preventing journalists from covering bombing sites and other security related incidents in Mogadishu. Other areas such as reporting on human rights abuses, especially those perpetrated by state actors, remain another “no-go” area for the Somali press. Online expression is further curbed after state actors repeatedly targeted and harassed journalists on the Internet for any critical personal social media posts.

Further, in 2019 alone, 12 journalists were forced into exile for fear of imprisonment or death at the hands of al-Shabaab or from officials of Somali government and regional states. With a deteriorating press freedom environment, the use of restrictive laws and criminalizing critical reporting, Somaliland, where government crackdown on independent media and journalists scaled up during 2019, is on the top of the list of places journalists fled during the year followed by Jubbaland, Mogadishu and Puntland.

The situation has not, however, improved in 2020. Just in the first five months of the year, two journalists were murdered. On 16 February 2020, armed assailants in Afgoye, a town just about 30KM from the capital, assassinated a 25-year-old freelance journalist Abdiwali Ali Hassan while he was returning from work and on 4 May 2020, at least one attacker armed with a knife fatally stabbed journalist Said Yusuf Ali, a reporter for the local Kalsan TV. According to the journalist’s family, despite an initial police report about the arrest of the killer, no credible investigation was opened and no justice was served.

Eight other journalists, including a female TV reporter, have been wounded in the line of duty this year. The police and government officials perpetrated two of these incidents.

Again on  June 25, 2020, a uniformed Somali police officer shot and injured a journalist, Abdifatah Abduqadir Sharif as he was leaving work to his home in Mogadishu. On May 4, 2020, a group of police and officials assaulted and injured Shabelle TV female reporter Safiya Aden Osman and her cameraman Abdulkadir Ga’al while they were covering a protest in Mogadishu.  Authorities have failed to open any credible investigation to ensure that perpetrators are brought to book.

As of end of September, about 32 journalists have been arbitrarily arrested countrywide with most of them briefly detained and released without charge. However, two journalists, Abdiaziz Ahmed Gurbiyefrom Goobjoog Media and Mohamed Abduwahab Abuuja were jailed for an extended period by the authorities in Mogadishu. Gurbiye was arrested on April 14, 2020 after he wrote an article alleging that the President had taken away a donated ventilator from a local hospital.  He was later released after paying a fine. Abuuja on the other hand was detained on March 7, 2020 and held incommunicado for five months for writing an article criticizing the Somali security forces. He was taken to the Military Court on treason and terrorism charges and was freed in August after the court quashed the charges due to lack of evidence.

At least five media houses have been raided and shuttered across the country this year. The federal police, the National Intelligence and Security Forces (NISA) and the regional security forces are the main perpetrators of these violations.

To further worsen the already alarming press freedom conditions, the Federal President, Mohamed Abdullahi Farmajo in late July signed a draconian media law which imposes further restrictions on the independent media and even forces journalists to register into a government-run database or face losing their accreditations.

The vaguely worded provisions such as those prohibiting reporting on issues conflicting with “national interest”, “spreading false information”, “incitement to violence and clannism” as well as “dissemination of propaganda” also permits the state Attorney General to prosecute journalists. The Ministry of Information also has a broad mandate to regulate media and media practitioners and could simply bar certain individuals from practicing their journalistic profession.

There is a grave concern about the chilling effect that this media law will have on the right to freedom of expression. The fear of this new Law has already resulted in journalists and media outlets having to resort to self-censorship.

Moreover, Somali authorities in the capital and in the regional states continue to use the country’s outdated Penal Code that was first adopted in 1964, to prosecute and charge journalists.

The Penal Code also limits freedom of expression by criminalizing various forms of expression and conduct by journalists such as

  • defamation,
  • offending the honour and prestige of the head of state,
  • publication or dissemination of false, exaggerated or tendentious news,
  • insulting a public officer or institution,
  • contempt against the nation, state or flag, or Islamic religion.

Most of these offences attract penalties including sentences of up to three years in prison.

The threats on free press was recently exacerbated by President Farmajo who is seeking his second term re-election. During a public address he made on 26 September 2020, the President linked journalists and media houses critical of his administration to the terror group Al-Shabaab

In addition to the generalized ongoing violence against journalists, authorities in Somalia have often invoked alleged national security concerns and the fight against Al-Shabaab as a basis to attack journalists, shut down media houses, restrict the right to freedom of expression and access to information. Therefore, such comments against journalists by the country’s leader in a particularly critical time ahead of the national elections would only amount to an imminent threat to Somalia’s press freedom.

Details of some of the violations recorded from January 2018 – September 2020 can be found in our report on The State of Press Freedom in Somalia.

MRA Condemns Attacks on the Media During #EndSARS Protests as Reprehensible

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MRA Condemns Attacks on the Media During #EndSARS Protests as Reprehensible

Media Rights Agenda (MRA) today condemned recent attacks against journalists and media houses in some parts of the country, particularly in Lagos, by State and non-State actors in the wake of the #EndSARS protests, describing the actions as reprehensible acts of intimidation and reprisals against media workers and organizations engaged in the lawful pursuit of their professional functions.

In a statement issued by its Programme Director, Mr. Ayode Longe, MRA said “the failure of the Government and its law enforcement agencies to protect media houses, journalists and other media workers in the face of these threats, wanton acts of harassment and intimidation, arson, physical violence and other violation of media rights is a shameful abdication by the Government of its legal and constitutional responsibility to protect them as well as a breach of its obligations under international human rights Law.

According to Mr. Longe, “The media serve a critically important function in society, particularly in times of crisis and emergencies, as it is imperative that citizens, other members of the public and communities are adequately informed about the prevailing situation, including any threat to their lives or wellbeing. Such acts of intimidation and violence against the media and journalists, as we have witnessed in recent days, undermine their ability to perform their functions and violate the public’s right of access to information.”

He cited recent incidents of attacks against the media, including the October 20 brutalization of two journalists with The Punch newspaper, Mr. Femi Dawodu and Mr. Segun Odunayo, by over 20 policemen while they were covering the #EndSARS protests in the Alausa area of Lagos. The journalists were recording protest activities in the area when the policemen accosted them and ordered them to stop recording. Upon identifying themselves as journalists, the policemen furiously attacked and subsequently took them to the Alausa Police Station where they were further brutalized and asked to change the narrative of their recording. Before they were released, they were warned that the police will come after them if any negative reports about the police were published.

Mr. Longe recalled another instance on the next day, on October 21, when the offices of Television Continental (TVC) in Lagos were attacked allegedly by hoodlums taking advantage of the #EndSARS protests. The mob invaded the offices, destroyed property and burnt vehicles parked in the premises as well as the building housing the television station.

In yet another instance, according to him, the offices of The Nation newspaper, also in Lagos, were attacked and burnt down by suspected hoodlums who were also taking advantage of the protests and were able to carry out their nefarious activities unimpeded despite the imposition of a 24-hour curfew all over Lagos State two days earlier by the Governor, Mr. Babajide Sanwoolu, which remains in force.

Mr. Longe stressed that there can be no justification for attacking journalists and media houses as such actions are likely to result in self-censorship as journalists and other media workers become fearful that they are being watched and would be attacked by any party to a conflict or any interest group that is displeased with their reporting.

Noting that impunity for such attacks against journalists and media houses would only embolden the perpetrators and encourage future attacks, he called on the Government to ensure accountability for these acts of violence against the media and other violations of their rights by promptly conducting thorough, independent and transparent investigations into all the cases and bringing the perpetrators, including those who ordered, supported or covered up any of these activities, to justice.

He also urged the Government and law enforcement agencies to live up to their responsibilities of ensuring the safety of journalists and other media workers by taking urgent steps and putting in place mechanisms to protect media organizations, journalists and other media workers across the country.

 For further information, please contact:

Idowu Adewale
Communications Officer
[email protected]

#ENDSARS Protests: IPC Condemns Arson Attack on Media Outlets and Journalists

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#ENDSARS Protests: IPC Condemns Arson Attack on Media Outlets and Journalists

The International Press Centre, IPC, Lagos-Nigeria is extremely concerned about latest happenings in the country with respect to the #ENDSARS and #ENDSWAT protests especially the targeting of media institutions and harrassment of journalists.

IPC particularly condemns the Wednesday October 21, 2020, arson attack on Television Continental (TVC) as well as the molestation of the journalists and other media professionals working in the establishment by a mob.

IPC equally condemns the assault on some security personnel attached to Channels Television that led to temporary halting of broadcasts by the station.

IPC also decries the attack on Toyin Yusuf, a journalist with Osun State Broadcasting Corporation and another member of the Nigerian Union of Journalists by some angry youths while covering the protests in the state.

IPC further condemns the prevention of an Arise TV crew from carrying out their legitimate duty at the Lekki Toll Gate, Lagos, by a group of soldiers also today, Wednesday, October 21.

Executive Director of IPC, Mr. Lanre Arogundade, warned that molestation of journalists and other media professionals either by the security agents, mobs or protesters was not acceptable: “The media and journalists have the legitimacy to report the current crisis across the country with a view to bringing truthful account to the citizens and under no circumstances should they be subjected to hardship in the course of doing that. We therefore condemn in totality the various attacks so far recorded and demand that they should stop”.

According to Mr. Arogundade, the security agents should instead of firing live bullets at peaceful protesters confront those engaging in arson with a view to bringing them to justice.

He enjoined the security operatives to take necessary actions to ensure a safe environment for journalists and other media professionals to carry out their duties unhindered while enforcing the curfew imposed in Lagos and some other states.

Mr. Arogundade also said it was imperative for journalists covering and reporting the #EndSARS protests and the fall out to stick to the principles of good and conflict sensitive journalism that require balance, shunning of bias, avoidance of hate speech, discipline of verification, fact checking, use of reliable sources, giving voice to victims and the affected, and thorough investigation of claims and counter-claims.

SGD:
Melody Lawal
Program Officer/Safety Desk Officer, IPC
[email protected]
+2348132776441

Zimbabwe’s Looming Patriot Bill Cause for Great Concern

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Zimbabwe’s Looming Patriot Bill Cause for Great Concern

Legislation is an old age tool that governments continue to rely on to influence civic space both negatively and positively.

In Zimbabwe, this space, which is the bedrock of an open and democratic society, and the enjoyment and exercise of constitutional rights such as media freedom and freedom of expression, has been shrinking due to a plethora of factors.

For instance, the repealed Access to Information and Protection of Privacy Act (AIPPA), was one notorious piece of legislation, together with the Public Order and Security Act, which was repealed and replaced by the Maintenance of Peace and Order Act, used to stifle media freedom and freedom of expression.

Despite the repeal of the above, there still exists pieces of legislation with provisions that continue to inhibit the exercise of rights.  These include the Interception of Communications Act and the Criminal Law (Codification and Reform) Act.

As an example, the Cybersecurity and Data Protection Bill if enacted into law, also criminalises the transmission of false data messages intending to cause harm.

This is despite the existence of a constitutional court order declaring that false news offences promote self-censorship as well as concerns that such a provision will smuggle back criminal defamation which was outlawed by the Constitutional Court.

What stands out, therefore, from the existing legislative frameworks,  is the over-criminalisation and over-regularisation of the exercise of fundamental rights particularly free speech.

It is within this stringent approach that sometime in August 2020 Cabinet discussed the possibility of adopting a law that criminalises campaigning against one’s own country.

It is an open secret that such discussion was influenced by the #ZimbabweanLivesMatter campaign, which was centred on demanding respect for human rights in Zimbabwe.

The campaign received overwhelming support from the region and beyond, and subsequently, resulted in an ANC delegation from South Africa, visiting Zimbabwe and meeting with their Zanu PF counterparts.

More recently, in October 2020, further discussions were held by the Cabinet. Subsequently,  it was highlighted that the Principles for the Patriot Bill had already been drafted and that the Ministry of Justice, Legal and Parliamentary Affairs,  is expected to table them in Parliament.

The proposed law will criminalise and impose stiff penalties for private correspondence by what was termed as ‘self-serving citizens’, with foreign governments or any officer or agent.

MISA Zimbabwe position

MISA Zimbabwe is greatly concerned by this proposed law which has the potential of curtailing the exercise of rights such as media freedom and freedom of expression, right to privacy,  access to information, freedom of conscience, political rights, freedom to demonstrate and petition,  and freedom of assembly and association.

Of equal concern is that this law will potentially cripple the work and mandate of non-governmental organisations that also work with foreign governments, embassies or similar organisations in foreign countries, among others.

It should be noted that in exercising freedom of expression, it is lawful for citizens to:

  • Demand the prosecution of perpetrators of gross human rights violations.
  • Request information with regards to the investigation and prosecution of police officers involved in media violations.
  • Demand accountability with regards to abductions purported to have been state-sponsored
  • Demand prosecution of high ranking officials alleged to have engaged in corrupt activities.
  • Demand equal application of the law in Zimbabwe.

The above is centred on the exercise and enjoyment of fundamental rights for the betterment of Zimbabwe, which any patriotic citizen would be keen to support.

When citizens exercise their constitutional rights for purposes of transparency and accountability, such conduct should not be perceived as attacks on the government, the ruling party or any specific individuals.

In that regard, Zimbabwe should embrace the exercise of freedom of expression in its diverse forms.

Putting in place such a law will severely infringe the right to privacy as it creates further avenues for surveillance, tracking of internet usage and accessing of private communication records. Any mass and indiscriminate surveillance of citizens is unconstitutional and should not be sanitised through any piece of legislation.

Even in the United States where a similar law was enacted, several concerns were raised on its provisions and enforcement.

In defence of the US Bill of Rights in the case of West Virginia State Board of Education v Barnette, Justice Jackson highlighted that:

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act or faith therein.

In other words, the love, devotion and strong support for one’s country should not be forced on citizens through legislation.  Neither should honesty about one’s country’s shortcomings be considered to be unpatriotic or campaigning against one’s own country.

This frowns upon the basic tenets of democracy and respect for fundamental rights.

MRA Welcomes UN Human Rights Council Resolution on Safety of Journalists, Calls on Government to Fully Implement it

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MRA Welcomes UN Human Rights Council Resolution on Safety of Journalists, Calls on Government to Fully Implement it

LAGOS, Wednesday, October 7, 2020:  Media Rights Agenda (MRA) today welcomed the October 6 resolution by the United Nations Human Rights Council on the safety of journalists and called on the Federal Government to give full effect to its provisions, including by bringing all its laws, policies and practices into compliance with its obligations under international human rights law, as required by the resolution.

The resolution, A/HRC/45/L.42/Rev.1, introduced by Austria, was adopted by consensus by the 47-member UN Human Rights Council at its 45th Regular Session, which ends today in Geneva, Switzerland.

In a statement in Lagos, MRA’s Executive Director, Mr. Edetaen Ojo, urged the Federal Government to fully implement the resolution and, in particular, undertake a comprehensive review of all its laws, policies and practices and, “where necessary, repeal or amend them so that they do not limit the ability of journalists and media workers to perform their work independently and without undue interference.”

He said: “This latest resolution by the Human Rights Council on the safety of journalists is a clear and comprehensive guidance to governments around the world, including the Nigerian Government, on the concrete actions they need to take to protect their journalists and media communities given the invaluable service they provide to their societies; to keep their citizens properly informed; and to fulfil their obligations under international human rights law as far as media freedom is concerned.”

Mr. Ojo highlighted other aspects of the resolution, which he said the Nigerian Government must urgently implement in order to meet its international human rights obligations as outlined in the document, including:

  • Establishing prevention mechanisms, such as an early warning and rapid response mechanism, to give journalists and media workers, when threatened, immediate access to authorities competent and adequately resourced to provide effective protective measures;
  • Developing and implementing strategies for combating impunity for attacks and violence against journalists, including by creating special investigative units or independent commissions; appointing a specialized prosecutor; and adopting specific protocols and methods of investigation and prosecution;
  • Ensuring accountability through the conduct of impartial, prompt, thorough, independent and effective investigations into all alleged violence, threats and attacks against journalists and media workers and bringing perpetrators, including those who command, conspire to commit, aid and abet or cover up such crimes to justice, and ensuring that victims and their families have access to appropriate restitution, compensation and assistance;
  • Supporting capacity-building, training and awareness-raising in the judiciary and among law enforcement officers and military and security personnel, as well as among media organizations, journalists and civil society, regarding States’ international human rights and international humanitarian law obligations and commitments relating to the safety of journalists;
  • Taking into account the specific role, exposure and vulnerability of journalists and media workers observing, monitoring, recording and reporting protests and assemblies, and protecting their safety;
  • Ensuring that defamation and libel laws are not misused, in particular through excessive criminal sanctions, to illegitimately or arbitrarily censor journalists and interfere with their mission of informing the public, and where necessary revising and repealing such laws, in compliance with Nigeria’s obligations under international human rights law; and
  • Cooperating with journalists, the media and civil society organizations to assess the damage that the COVID-19 pandemic is inflicting on the provision of vital information to the public and the sustainability of media environments, and to consider devising appropriate mechanisms to provide financial support to the media, including local journalism and investigative reporting, and to ensure that support is given without compromising editorial independence.

Lesotho: Proposed Internet Broadcasting Rules Will Stifle Free Speech

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Lesotho: Proposed Internet Broadcasting Rules Will Stifle Free Speech

The Lesotho government, through the Lesotho Communications Authority (LCA), has proposed new regulations that stipulate that individuals with more than 100 followers on social media platforms will be considered as internet broadcasters and may need to register with authorities.

In addition, internet posts that are accessible to at least 100 users will also be classified as internet broadcasts. This move by the LCA is meant to regulate “internet broadcasting distributed over the internet”.

Among other provisions of the proposed Lesotho Communications Authority (Internet Broadcasting) Rules 2020, a person with at least 100 followers will need to register with the LCA by providing identity documents, proof of residence and show “ability to comply with Lesotho Telecommunications Authority (Broadcasting) Rules 2004”.

Anyone deemed to be conducting internet broadcasting will be required to register within six months.

Following the submission of these documents, LCA will issue a certificate of registration.

Initially, the proposed regulations were ostensibly meant to regulate bloggers and online radio stations.

However, the use of the word “followers” is vague and could also be used to regulate social media platforms such as Twitter and Facebook, which are widely used in Lesotho.

The proposed regulations go on to define what an internet post is, saying it is any message, whether text, picture, video or audio that is placed or uploaded on any internet platform to be accessed by the public, be it on social media or website.

This, however, excludes private communication to specific and identifiable person/s.

On the other hand, “private communication” has been defined as any message, whether text, picture, video or audio, that is sent between two specific and identifiable persons.

MISA Zimbabwe’s position

Lesotho is following in the footsteps of Tanzania in seeking to regulate online content creators.

MISA Zimbabwe is concerned by the LCA’s proposed regulations which are seemingly designed to police and regulate free speech online.

What is further concerning is that it comes at a time when a recent summit of the Southern African Development Community (SADC) Heads of State, resolved to curb social media abuse, which MISA Zimbabwe fears could be a pretext to curb freedom of expression and digital rights.

Furthermore, the proposed LCA regulations are quite onerous and may be difficult to implement.

We urge Lesotho to withdraw these proposed regulations and rather work on promoting free expression online.

In addition, Lesotho should be cognisant of the African Declaration on Internet Rights and Freedoms which stipulates, among others: Everyone has the right to use the Internet and digital technologies in relation to freedom of assembly and association, including through social networks and platforms.

African Experts Call for Vigilance and Collaboration to Push Back Problematic COVID-19 Measures that Compromise Data Privacy and Protection

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African Experts Call for Vigilance and Collaboration to Push Back Problematic COVID-19 Measures that Compromise Data Privacy and Protection

Experts in Africa have urged civil society and the public to maintain vigilance on the COVID-19 laws, policies and practices on data protection and freedom of expression adopted in their various countries in order to advocate for their repeal once the situation no longer demands such measures.

This, the experts said, is necessary to prevent entrenchment of restrictions of freedoms and invasion of privacy that were introduced as part of emergency measures to curb the spread of COVID-19.

The call was made on September 28th 2020 during a session held by the Africa Freedom of Expression Exchange (AFEX) at this year’s Forum on Internet Freedom in Africa (FIFAfrica). The session was titled Fighting COVID-19: Data Protection and Privacy Concerns”, and was moderated by Edetaen Ojo, Executive Director of Media Rights Agenda and chairperson for AFEX. The panelists were Ms Avani Singh from Alt Advisory, South Africa, Ms Nompilo Simanje of MISA-Zimbabwe, Mr Paul-Joel Kamtchang of ADISI-Cameroun and Ms Grace Githaiga of the Kenya ICT Action Network.

The discussion was held in response to growing concerns within civil society that many of the restrictions on people’s freedoms by governments across Africa in the wake of the COVID-19 outbreak had raised data protection and privacy concerns.

The panelists indicated that many of the measures and practices adopted by some governments in Africa to control the the COVID-19 pandemic, some of which have implications for data protection and privacy of citizens are problematic. They noted for, instance that many of the measures do not have a specific duration and are not subject to judicial or parliamentary oversight, and are, therefore, liable to be abused.

In the light of this, the experts recommended the tracking of all measures that have the potential to infringe established data protection and privacy principles in order to advocate for their repeal once the conditions for which they were enacted no longer exist.

The experts also made the following recommendations;

  • International collaborations and solidarity are key to successful roll-back of restrictions.
  • Share of information and best practices among countries in respect of scaling back laws that unduly undermine data protection and privacy
  • Engage legislators and opinion leaders to support the advocacy
  • Organize training workshops for media practitioners and civil society on the issues at stake and their implications for human rights
  • Encourage strategic litigation to set precedent and push back on some of the laws
  • Amplify and mobilise members of the public to make submissions during public hearings etc
  • Collaborate with information and data protection agencies, telecom operators and policy makers around the region
  • Undertake a mapping exercise at the country level, sub-regional and regional levels to identify gaps and inconsistencies in data protection and privacy measures adopted in the wake of the COVID-19 in order to advocate for harmonization.
  • Develop a road map for the roll-back of problematic laws and practices and track progress.

Guinea: AFEX Condemns Arrest of Activist, Calls for His Immediate Release

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Guinea: AFEX Condemns Arrest of Activist, Calls for His Immediate Release

The African Freedom of Expression Exchange (AFEX) condemns the arbitrary arrest of Guinean political activist Souleymane Condé, by authorities in Guinea and calls for his immediate release.

Condé was arrested on September 12, 2020, shortly after he held a press conference to launch a new pro-opposition political movement, Diversite Republicaine de Guinee (DRG).

According to the Media Foundation for West Africa (MFWA), the activist, who is known for the numerous videos he posts on social media in which he attacks the Alpha Conde’s regime, said at the press conference that Guinea’s upcoming October 18, presidential elections will be rigged.

He was subsequently arrested at his home and taken into detention at the Criminal Investigations Division of the Police.

His lawyer, Salif Beavogui, also told the MFWA the activist “is detained at the criminal investigations department of the police. He will be arraigned before a Magistrate’s court at Dixinn tomorrow (September 15). From all indications, he was arrested for his social media publications.”

A police source is reported to have said that Condé “has produced videos in which he used a certain plain language. He does things that are not in line with the law, and that is why he was arrested.”

Condé was the coordinator of the Front National pour la defense de la Constitution (FNDC), formed in 2019 to coordinate opposition to Guinea’s President Alpha Conde’s bid to change the constitution in order to seek a third term in office. The FNDC has said Condé’s is a case of scores-settling by the government.

AFEX is urging the authorities in Guinea to respect and protect constitutional provisions that guarantee freedom of association, freedom of expression and freedom of assembly. We urge them to release Souleymane Condé.

DRC: JED Demands Provisional Release of Journalist Detained for 48 Hours on Defamation Charges

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DRC: JED Demands Provisional Release of Journalist Detained for 48 Hours on Defamation Charges

Journalist en danger (JED) expresses its sadness over the arrest, on Wednesday September 9, 2020, by the office of the general prosecutor attached to the Court of Appeal of Kinshasa, of a journalist who is being prosecuted for “defamatory statements” against the director of the Teachers’ Control and Payroll Service (SECOPE).

According to information received by JED, Jean Moleki, journalist and editor of the “Le FAX” newspaper published in Kinshasa, is being held in the cells of the general prosecutor attached to the Kinshasa Court of Appeal following a provisional arrest warrant (MAP) signed by the prosecutor. The journalist was arrested on Wednesday, September 9, 2020, by prosecutors accompanied by officers of the Congolese national police bearing a warrant. After being escorted to the Prosecutor’s office, the journalist was questioned over an article written by one of his journalists, published on July 14, 2020 and entitled “Recalcitrant Fatshi Strikes Once Again, more than 500 Agents Involved: Director Delon Kampayi ‘idiofalizes’ SECOPE”.

In this article that is being challenged, the journalist denounced “tribalism” by accusing the head of this state institution, not only of recruiting only people from his land, Idiofa (a locality in the province of Kwilu), but also of having diverted a large amount of money.

According to JED’s lawyer, who met with the investigating magistrate, the latter was waiting to organize a confrontation between the journalist and the plaintiff before deciding on the further course of the case.

However, JED considers that this sudden arrest of the journalist is not justified, considering the principle of presumption of innocence, and calls for his provisional release.

DRC: Provincial Governor Summoned for Torture and Injury Against Journalists

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DRC: Provincial Governor Summoned for Torture and Injury Against Journalists

Following a legal action initiated by Journalist in Danger (JED) through a Law Firm of Lodja, the Governor of the province of Sankuru (Center of the DR Congo), Mr. Joseph Stéphane Mukumadi, as well as the Lieutenant-Colonel Kalala, an officer of the Armed Forces of the DR Congo, have been summoned to the Superior Military Prosecutor’s Office of the former Kasai Oriental province where they are being prosecuted for torture of journalists, violations of guaranteed rights of individuals, assault and aggravated battery and incitement of the military to commit acts contrary to the call of duty and discipline.

The summon of which JED has a copy of, stated that Governor Joseph Stéphane Mukumadi is hereby summoned to report on Monday, September 14, 2020, to the office of the Senior Military Prosecutor of the former Kasai Oriental province, based in Mbuji -Mayi, capital of the province of Kasai Oriental, to answer for acts committed against the journalists of Radio Losanganya, a radio station based in Lodja.

According to our sources, on Sunday September 7, 2020, Lieutenant-Colonel Kalala was immediately invited by the Senior Prosecutor of the FARDC for a hearing which lasted more than 5 hours. This FARDC officer was informed that he is now subject to military justice and will not be able to leave the town of Lodja. While the hearing continued, Lieutenant-Colonel Kalala requested permission to relieve himself and did not return to the room.

At the request of JED, the Law Firm Benoît Savin Dandja & Associés initiated this complaint registered as “File RMP: 862 / LG / 20 against Lt Col Kalala / Comd 2105 Bn Inf et Consorts” on behalf of MM. Albert Lokongo, Hubert Ndjoko and François Lendo, respectively technician, journalist and director of Radio Losanganya, who are victims of various acts of violence and arbitrariness committed by soldiers and police on the orders of the Governor of Sankuru province.

By way of a reminder, during a meeting on August 20, 2020, at the Patrice Emery Lumumba stadium in Lodja, Governor Mukumadi publicly threatened these journalists, and ordered Lieutenant-Colonel Kalala Lingos to raid the facilities of RTNC / Lodja and Radio Losanganya without delay. These two media were closed for a few days and their broadcasting material taken away.

In the process, the soldiers arrested journalists Albert Lokongo and Hubert Ndjoko. Severely beaten and tortured, the two journalists were admitted at the Lodja General Hospital for appropriate treatment.

In a press release dated on August 31, 2020, Journalist in Danger (JED) demanded the suspension from duty and legal proceedings against Governor Joseph Stéphane Mukumadi.

Zimbabwe: Journalist Chin’ono Released on Bail

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Zimbabwe: Journalist Chin’ono Released on Bail

The African Freedom of Expression Exchange (AFEX) welcomes the release of Zimbabwean journalist Hopewell Chin’ono who has been in custody since July 20, 2020. Chin’ono was on September 2, 2020, granted bail by High Court judge, Justice Tawanda Chitapi after spending 44 days in detention.

AFEX member in Zimbabwe, the Media Institute of Southern Africa (MISA)-Zimbabwe, reported that the release followed Chin’ono’s appeal for bail with the High Court after a Magistrate judge in Harare, Ngoni Nduna, denied him his second bid for bail on the basis of changed circumstances.

According to MISA Zimbabwe, Justice Chitapi in his ruling, set aside Magistrate Nduna’s ruling and granted bail on the following conditions:

  • That ZWL $10 000.00 to be paid to the Clerk of Court.
  • That Chin’ono surrenders his passport to the Clerk of Court.
  • That Chin’ono surrenders title deeds for his Cologne Valley Home in Harare.
  • That Chin’ono continues to reside at his Chisipite home.
  • That he should not post on his Twitter handle: @daddyhope, or create any other
  • Twitter account to use for purposes of inciting the holding of demonstrations until
  • the case against him is finalised.
  • That he reports twice at the nearest police station, every Monday and Friday.

Chin’ono was arrested on July 20 2020, on allegations of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry or alternatively, incitement to commit public violence.

A day after he was arrested, police officers searched his home for documents and other articles he used in allegedly committing the offence.

He was first denied bail by a Harare Magistrate on 24 July 2020 and remanded him in custody to August 7. Chin’ono was again denied bail on August 6. The judge, Justice Chitapi dismissed the appeal for bail indicating that Chin’ono had “failed to prove any misdirection of fact, law or both by the magistrate that had earlier denied him bail.

On 19th August, another bail application was held in camera following the disqualification of his lawyer Beatrice Mtetwa. The  lawyer’s disqualification followed an allegation by state prosecutors that Mtetwa had been disrespectful to the court and had also made derogatory comments about the court through her Facebook page: Beatrice Mtetwa and the Rule of Law.

His bail application further witnessed many postponements until it was finally granted on  September 2.

Chin’ono is set to reappear in court on  September 14 2020 on remand.

“His lawyer Advocate Taona Nyamakura has since indicated they intend to apply for refusal of further remand should the State not have a trial date on his next court appearance”, MISA-Zimbabwe has reported.

AFEX reiterates its call on President Emmerson Mnangagwa to intervene in the case to ensure the charges against Hopewell Chin’ono are dropped as these charges infringe on freedom of expression and media freedom.

Zimbabwe: Detained Journalist Chin’ono Unwell

Vivian
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Zimbabwe: Detained Journalist Chin’ono Unwell

Lawyers representing detained journalist Hopewell Chin’ono on 1 September 2020 told Harare Magistrate Ngoni Nduna that the journalist is not feeling well as he is feverish and having severe headaches.

The defence team led by Advocate Taona Nyamakura said Chin’ono had a high temperature and was also feverish. They said the journalist had been examined and subjected to a COVID-19 test by his doctor on 31 August 2020.

The results of the tests were still unknown as of yesterday.

According to his lawyers, Chin’ono who appeared in court on remand today had indicated to prison officials at Chikurubi Maximum Prison, that he did not wish to go to court (today) for health reasons.

His doctor had also advised that he should not be in contact with other people for now, pending the COVID-19 test results.

He was, however, still brought to court and remanded to 14 September 2020 after the defence gave notice of its intention to apply for refusal of further remand at his next court appearance, should the State not have a trial date by then.

Responding to the complaints raised by the defence, the State led by Tendai Shonhayi, said from the prison doctor’s assessment, the journalist was fine.

The prosecutor, however, said he had a “slightly elevated temperature” yesterday (31 August 2020), but was not showing any signs of COVID-19, such as shortness of breath, and was therefore not a threat to other prisoners or to the court.

The State said if Chin’ono was truly unwell, there was no reason for him to refuse to be seen by the prison doctor.

Magistrate Nduna directed the defence lawyers to submit a report by Chin’ono’s private doctor to enable the magistrate to properly consider the accused’s concerns.

Meanwhile, ruling by High Court judge Justice Tawanda Chitapi on Chin’ono’s second bail appeal is scheduled to be delivered tomorrow, Wednesday, 2 September 2020.

About MISA Zimbabwe

The Media Institute of Southern Africa (MISA) Zimbabwe was founded in 1996. Its work focuses on promoting, and advocating for, the unhindered enjoyment of freedom of expression, access to information and a free, independent, diverse and pluralistic media.

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AFEX is a continental network of some of the most prominent African freedom of expression and media rights advocacy organisations that are also members of IFEX, a global free expression network.

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