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Journalist Samuel Wazizi’s Family Was Never Contacted After Military Intervention

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Journalist Samuel Wazizi’s Family Was Never Contacted After Military Intervention

The Government of Cameroon has declared that late Journalist Samuel Ebuwe Ajiekia a.k.a Samuel Wazizi’s family was contacted after he was moved to Yaounde. After verification, DataCameroon is able to say the opposite.

The declaration was made public by the Chief of Communication in the Ministry of Defense, Cyrille Serge Atonfack, through a communiqué dated June 5, 2020. According to the communiqué, the journalist died due to infections in a military hospital in Yaounde since August 17, 2019.

The communiqué further revealed that he has been in constant communication with his family since he was arrested on August 2 and also states that when he died, his family was informed about his demise and where his corpse had been deposited pending burial. The same document also wondered why the family of the late journalists decided to abandon the corpse at the morgue till date.

The government representative further says Wazizi was arrested for having connections with terrorists and complicity in terrorism acts, adding that after investigation, they discovered that he was a logistician for several terrorism groups. On August 7, according to the document, Wazizi was sent to the 21 Motorized Infantry Brigade and latter transferred to the Central Criminal Investigation Service of the National Gendarmerie on August 13, 2019.

We are also told by the communiqué that upon arrival in Yaounde, he was feverish and was sentto the military hospital for treatment. Cyrille Serge Atonfack, in his communiqué declared that Wazizzi died on August 17, 2019 as a result of severe Sepsis and not from any form of torture or physical abuse.  These declarations from the government, it should be noted comes after a Douala-based TV station had announced, authoritatively, that Samuel Wazizi had died sometime in August 2019.

The announcement from the TV station is reported to have been an eye opener to journalist who have since his arrest, been clamoring for his release or at least an appearance in court.

Unable to have access to their client, the lawyers filed a habeas corpus lawsuit on August 13, 2020 urging the government to produce their client for a formal court hearing to answer to the charges levied against him.

While the lawyers were pressing the court to produce their client, the journalists associations to which Samuel Wazizi was a registered member, joined their voices to that of the lawyers on November 5, 2019.

The silence from the government and repeated adjournment of the case pitting Samuel Wazizi against the Republic of Cameroon became unnatural and many concerned groups treated the silence with contempt.

By the start of the year 2020, the absence or disappearance of Samuel Wazizi from the face of the earth was more real than apparent and the noise-level from journalists associations was reverberating across the lands and oceans to far-away boarders.

The smile-looking and composed portrait of Samuel Wazizi could be seen on all newspaper pages, social media groups and public posters.

The situation finally went off hand on Wednesday June 3, 2020 when the Cameroon Association of English Speaking Journalist, CAMASEJ, and other journalists’ associations stormed the Southwest governor’s office asking explanations on the whereabouts of their colleague following the announcement of his death by a TV Station based in Douala on Tuesday June 2, 2020.

The Southwest governor, Bernard Okala Bilai, is reported to have distanced himself and his Region from the Samuel Wazizi case. Governor Bernard Okala Bilia is on record to have told the pressmen in the conclave that Yaounde should give an account of the journalist’s sudden disappearance.

He further told journalists that by the time Samuel Wazizi was being taken to Yaounde, he was in good health. This declaration from the Governor raises worry over the statement from the Ministry of defense that Wazizi got to Yaounde with a poor health record.

As the journalists were considering their next action, that is to take Yaounde by storm, then came the communiqué from the government through the Chief of Communication in the Ministry of Defense, Cyrille Serge Atonfack, on June 5, 2020. The communiqué from the Ministry of defense ever since it was released on June 5, has been attacked and challenged by many sources with a lot of unanswered questions raised both online and offline. This pushed us to fact check some element of the press release.

No Contact With Family

Henry Abogho, Wazizi’s brother

According to our findings, there was no conversation between Wazizi and his family ever since he was handed to the Military. The last time anyone saw or heard from him was in Muea Police station, a few days after his arrest. His brother, Henry Abogho, has denied the government’s claim that they were both in constant communication with Wazizi and were aware of his situation and the death.

After being briefed by a journalist on government position regarding Wazizi’s death, his brother is reported to have said, “Since Wazizi left Muea police no calls no news. I would have told you because I know you as a journalist and friend to Wazizi. I am the one following up the case for my family and my number is everywhere, why did they not call me, they are lying.”

According to Henry, “The last time I saw my brother was at Muea police station. When they took him to the 21st motorized infantry battalion, I went there several times but they chased me away saying people are not detained there”.

Wazizi’s sister-in-law, Metete Joan Njang, told cpj.org in a phone interview that the journalist’s family had not been able to contact him since shortly after his arrest on August 2, 2019, and was not made aware of his death until a news report on June 3.

In a youtube video that went viral on https://www.youtube.com/watch?v=GD4aroIqemc, his brother narrated that someone had called him to request for FCFA 30,000 to remove Wazizi from the cell that he was because he is not in good shape. He added that when he asked to speak with Wazizi, the caller dropped and they have not heard anything till the government announced that he has died.

In a telephone conversation by datacameroon to find out through which means was Wazizi’s family informed about his death, the head of Communication Unit at the Ministry of defense said, it will be made public at the appropriate time 

Clean Medical History

Although we could not lay hands on any of his medical reports, Wazizi’s Family members, both his Brother and Sister In-Law recounts that, he has hardly been sick, very hardworking and provides basic needs for the family.

From the circumstances surrounding his arrest proper, it is clear that he was well and hearty the day he was picked up at 11.00 am if we go by the narrative of his boss at Chillen Muzik and Television His boss narrated that, he was instructed by the security officers who stormed his office, to call for Wazizi on phone hands free.

That he was also told to tell him that there are some clients who need his service at the radio and that a few minutes after the call, Wazizi landed, hence by the time of his arrest he was not sick. This further corroborated the governor of the South West Region who had told Journalists that Samuel Wazizi left Buea and got to Yaounde in good health, adding that he is not aware of what ever happened after that.

Evidence Of Torture

The government release states that Wazizi did not die of Torture and rather that he was sick and later died. However, Emmanuel Nkea, one of Wazizi’s lawyers, told rfi.fr/en   that they had received new evidence on from a close friend of the deceased journalist that he had been tortured. “This person has confirmed to us that…some people had called her phone and said to her that they wanted her to send some money to Wazizi, intimating to her that Wazizi had been so badly beaten, to a point that his waist was broken,” says Nkea.

Barrister Emmanuel Nkea Pose with SNJC SW President After Storming The Court In Search For Wazizi

The lawyer says that they are protecting her identity for now, but when Wazizi had originally been arrested in 2019, he had given him a list of close contacts that included this person. The people calling the contact said “he needed medical assistance, so she sent FCFA 20,000 to a particular number with the name of the person. We have all these details,” says Nkea.

Access to information Crucial for an Effective Response to the COVID-19 Crisis

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Access to information Crucial for an Effective Response to the COVID-19 Crisis

The need for accessing public information during crisis exists at every step, regardless of the severity it may have on the people. Governments often have vital information that members of the public need to make crucial decisions concerning their lives. Such information must, therefore, be disseminated promptly and as completely and accurately as possible. It’s no wonder that the need for the recognition of citizens’ access to public information gained momentum immediately after a global crisis-World War II!

The right to information during crises has always implicitly existed under Article 19 of the Universal Declaration of Human Rights, which provides the right to “freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”[1]

The U.N Secretary-General Antonio Guterres recently warned that the world faces the most challenging crisis since World War II — one that is killing people, spreading human suffering, and upending people’s lives. And that the magnitude of our response must match the scale of the crisis.[2]

Why is access to information during crises significant?

Whether it is during economic or health crisis or armed conflict, access to information is critical to decision-making. In the case of health crises like Ebola or COVID-19, timely access to information is essential in preventing infections and their management. People need to know how they can protect themselves from catching a disease or spreading it to family and loved ones.

Accurate information is needed to enable decision-makers to make the right decisions on time. Timeous decision-making can, therefore, save lives and money. A delay or wrong decision could negatively impact thousands if not millions. This issue has been demonstrated during the COVID-19 outbreak where countries that made timely decisions like New Zealand were less affected as compared to, for example, the United States and Spain, which delayed.

During major crises, the risk of corruption and mismanagement is very high, and the impact of such can be catastrophic; yet accountability mechanisms like other aspects of public life have most of the time been affected by the crises. In Nigeria, millions of dollars allocated to fight Boko haram terrorism were diverted, leading to the arrest of the National Security Advisor in 2015. In 2018, the U.N found that billions of shillings of aid meant for refugee settlement had been stolen in Uganda and more recently, senior officials in the Office of the Prime Minister were arrested for allegedly inflating prices of relief food. Access to information facilitates citizens to hold authorities accountable for their decisions and actions.

One of the significant characteristics of pandemics and other crises is that they are multisectoral, multidimensional and dynamic. An effective response requires a multi-stakeholder approach with strong coordination and free flow of information. If any of the stakeholders lack timely access to information, a chain of failures will be triggered with severe consequences for addressing the crisis.

In the new age of misinformation, fake news and broader reach of the internet, communities could either be alarmed or set of fire if there is no timely access to accurate information.

The Paradox

Despite the importance of citizens’ access to information, 30 African countries are yet to enact and implement national laws promoting citizens’ access to information. Even the 24 countries with these laws struggle with implementation. This is although the Sustainable Development Goals Framework under SDG 16.10.2 recognise and call for all Member States to adopt and implement access to information laws. This same call is replicated in African Union treaties including the African Charter on Human and Peoples’ Rights, the African Charter on Democracy, Elections and Governance, the African Union Convention on Preventing and Combating Corruption, the African Charter on Values and Principles of Public Service and Administration, African Youth Charter and the African Charter on Statistics.

The Call

  1. Access to information is not a choice but an issue that governments must urgently take decisions on to prevent infections or death of citizens. It is urgently needed to combat crises, promote the wise use of limited resources allocated for managing crises.
  2. It is also crucial that the United Nations agencies like the World Health Organisations, UNDP, UN Women and UNICEF take urgent measures to work with member states to prevent death by making access to information during crises central to responses.
  3. The African Union should urgently engage member states to ratify treaties that recognise citizens access to information and domesticate them by adopting and effectively implementing respective national access to information laws.

[1] Harvard Humanitarian Initiative; The signal code: A human Rights Approach to Information During Crisis

[2] The New York Times; https://www.nytimes.com/aponline/2020/03/31/world/ap-un-virus-outbreak-united-nations-1st-ld-writethru.html

Investigative Journalist Ignace Sossou Released from Prison

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Investigative Journalist Ignace Sossou Released from Prison

The Media Foundation for West Africa (MFWA) welcomes the release from prison of Beninese journalist Ignace Sossou.

Sossou had been imprisoned since December 2019 for publishing the public statements of Benin’s public prosecutor, Mario Mètonou, on social media.

The Benin Web TV journalist, was arrested at his home on December 20, 2019 by agents of the central office for the suppression of cybercrime and brought before a court, which sentenced him to 18 months in prison on December 24, 2019.

His arrest and conviction prompted numerous condemnations from freedom of expression organisations, including the Media Foundation for West Africa.

Following Sossou’s imprisonment, the MFWA initiated many actions, including two petitions for the release of Ignace Sossou. The organisation also joined many international human rights organisations to put pressure on the authorities in Benin to obtain the unconditional release of the journalist.

On April 28, the day of one of the appeal hearings, MFWA and seven other press freedom organisations issued a statement calling on the Beninese authorities to release Ignace, particularly in view of the risk of infection by COVID-19 during his detention.

On 3 May, MFWA and its national partners sent a petition to the Special Rapporteur on Freedom of Access to Information of the African Commission on Human and Peoples’ Rights (ACHPR), Lawrence Mute, urging him to intervene in the case to secure the journalist’s release.

The pressure from freedom of expression organisations, including MFWA, led to commuting of his sentence to 12 months with 6 months suspended by the Court of Appeal on May 19.

After his release on June 24, Sossou who still have a six months suspended sentence, told MFWA he is happy to be back home.

”I am very happy to be out of prison; the joy of being reunited with my family, loved ones and colleagues. Also, the joy of going back to work. I need to make up for the time I lost in detention. I would like to thank all the organisations defending the rights of journalists who have mobilised to demand my release,” Sossou told MFWA.

Although the MFWA believes that Sossou should not even be arrested, detained and imprisoned for simply relaying the words of the public prosecutor, Mario Mètonou, we are delighted that the journalist had been freed and has been able to rejoin his family.

CIPESA Announces 2020 Fellows

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CIPESA Announces 2020 Fellows

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is pleased to announce the nine recipients of its 2020 fellowship awards. Introduced in 2017, CIPESA’s fellowship programme aims to increase the quality, diversity and regularity of research and media reporting on ICT, democracy, and human rights in Sub-Saharan Africa.

The fellowship programme cultivates links between the academic community and practitioners in the ICT field for mutual research, learning, and knowledge exchange, so as to create the next generation of ICT for democracy and ICT for human rights champions and researchers.

In the context of the Covid-19 pandemic, the nine fellows will primarily focus their energies on researching Covid-19 related censorship and surveillance practices and policy/regulatory responses by governments and private actors; and documenting trends and developments in technology for public good policy and practice.

Meet the fellows:

Astou Diouf – Senegal – Astou is a lawyer with undergraduate and postgraduate qualifications from Faculté des Sciences Juridiques et Politiques (FSJP), l’Université Cheik Anta DIOP de Dakar, with extensive experience in business litigation, cybercrime, and cybersecurity. She  will research the role of internet intermediaries and service providers in the fight against Covid-19 in Senegal, including on issues such as facilitating increased access to the internet, privacy and personal data infringements, and content regulation.

 

Hopeton S. Dunn, PhD – Botswana – Hopeton is a Professor of Media and Communications at University of Botswana. He is also a non-resident Senior Research Associate at the School of Communication, University of Johannesburg, South Africa. He is the former Director of the Caribbean School of Media and Communication (CARIMAC), University of the West Indies (UWI), Jamaica, where he also headed the Mona ICT Policy Centre (MICT). He is interested in communications policy reform, digital literacy and inclusion, effective internet access and equity, especially as they relate to people in the Global South. His work spans media regulation, technology policy-making, and new theoretical constructs for development.

With a focus on Botswana and South Africa, Prof. Dunn will study the status of broadcast and online media regulation; technology and learning during the Covid-19 pandemic; and internet access and inclusion.

Afi Edoh – Togo – Togolese technology enthusiast Afi will study digital transformation and the digital economy in Ivory Coast, Ghana, and Togo during the Covid-19 pandemic, to determine value and innovation opportunities as well as challenges. She is a member of the organising committee of the Internet Governance Forum for Youth in West Africa and has also served on the United Nations Internet Governance Multi-Stakeholder Advisory Group (MAG). She holds a Masters and Bachelors in Information Technology from Sikkim Manipal University.

 

Mohamed Farahat – Egypt – Mohamed is an Egyptian human rights lawyer, specialised in refugees and migration. He is a member of theSteering Committee of Internet Rights and Principles Coalition (IRPC), a member of the Multi-Stakeholder Advisory Group (MAG) of the North Africa Internet Governance Forum, and the National Coordinator of the African Civil Society on Information Society (ACSIS) Egypt chapter. Since 2014, he has worked with the Egyptian Foundation for Refugees Rights (EFRR). He holds a degree in Law from Cairo University, and post-graduate diplomas in International Negotiation; Human Rights and Civil Society; African Studies; and International Law. Currently, he is a Master Degree researcher in the Faculty of African Studies – Cairo University.

As part of the fellowship, Mohamed will document inclusion of refugees in the technology-based responses to the Covid-19 pandemic in Egypt; and the role of the judiciary in the internet freedom landscape in North Africa.

Tusi Fokane – South Africa – Tusi, the former Executive Director of the Freedom of Expression Institute (FXI), will study the availability and use of digital technologies to combat the spread of Covid-19 in South Africa, with a focus on the criminalisation of misinformation, and obligations on service providers to remove fake news from their platforms. Furthermore, she will study the country’s readiness for electronic voting to comply with social distancing and other movement restrictions during the upcoming local government elections. Tusi is a co-founder and member of the Steering Committee of Re-Create, a coalition of South African creators who advocate for fair and balanced provisions in the ongoing copyright amendment process. She holds a Masters in Management degree in Public Policy from Wits University. Her particular interests are freedom of expression, technology, and human rights.

Jimmy Kainja – Malawi – Jimmy Kainja is a lecturer in media, communication, and cultural studies at University of Malawi, Chancellor College. His main areas of academic and research interest are communication policy and regulation, journalism, new media, (mis)information and disinformation, freedom of expression, and the intersection between media and democracy. Kainja has been a blogger since 2007 and is a founding member of Africa Blogging, which he co-edited between 2015 and 2019. In addition, Kainja has written for a number of reputable international media organisations including the BBC, The Guardian, Aljazeera, and New African. Locally he is a regular contributor of analytical articles to Nation Publications Limited newspapers.

In the context of the February 3, 2020 Constitutional Court nullification of the presidential elections and scheduled fresh polls in June 2020, and in parallel to the Covid-19 pandemic, Kainja will study hate speech and misinformation, data protection, and access to information.

Jean Paul Nkurunziza – Burundi – Jean Paul, a psychology and education sciences graduate of the University of Burundi, has been involved in digital rights policy and internet governance with the DiploFoundation and Internet Society since 2007. In 2010, he was awarded a fellowship at the United Nations Internet Governance Forum Secretariat. His CIPESA fellowship will focus on the political tensions in Burundi, including the recent internet disruption during elections; and ICT sector reforms by the new government, related to cybersecurity, privacy, and data protection.

Dunia Tegegn – Ethiopia – Dunia is a legal consultant, who has previously worked as an Almami Cyllah Fellow with Amnesty International (United States) and as a Human Rights Officer at the East Africa Regional Office of the UN High Commissioner for Human Rights. Dunia also worked as a Program Officer on Ending Violence against Women and Girls at UN Women Ethiopia, and on child protection issues with UNICEF Ethiopia. She holds a Master of Laws in National Security from Georgetown University Law Center and a Master of Arts in Human Rights from Addis Ababa University. Dunia is the first Africa Fellow for Georgetown’s LAWA program to earn a Master of Laws in National Security. She earned her bachelor degree in law from Bahir Dar University, Ethiopia. Dunia is a member of the Pan African Lawyers Union (PALU), the Ethiopian Bar Association, and the Ethiopian American Bar Association.

For her fellowship, she will study the role of the internet and access to information during 2020 elections in Egypt, Ethiopia, and Somalia.

Melissa Zisengwe – South Africa – Melissa is a Program Project Officer with the Civic Tech Innovation Network at Wits Governance School, based in South Africa. She holds an honours degree in Journalism and Media Studies and a Bachelor of Arts in English Language and Linguistics and Journalism and Media Studies from Rhodes University. Her work at the Civic Tech Innovation Network and Jamlab (also at Wits) focuses on digital innovation in Africa, including digital journalism and media, and promoting the growth and development of appropriate and effective uses of digital technologies in connecting government and citizens, in public participation, in transparency and accountability, and in delivering public services. In 2019 she was part of the Index on Censorship Youth Advisory Board – a project by Index on Censorship aimed at engaging with young people aged 16-25 from around the world and gathering their views on freedom of expression issues.

Inspired by the African Civic Tech database and the South Africa Cities Network Call for Local Covid-19 Data Responses, which is compiling an open evidence mapping of the use of open government data to address the Covid-19 response in South Africa’s cities and provinces, Melissa will study the use and adoption of civic tech during Covid-19 in select African countries. The research will pay close attention to Covid-19 civic tech and data responses related (but not limited to): Epidemiological info — a disease spread maps, statistics, dashboards; Disaster response information; Health and risk information; Services — food relief, disruptions, etc.; Information, guidelines, resource tools — for businesses, communities, citizens; Research and advocacy;  and Enhancing public communication and engagement and action.

Look out for the fellows’ outputs including blogs, policy briefs, and research reports on CIPESA’s online platforms in the coming months.

Towards an ATI Law in The Gambia: The Journey So Far

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Towards an ATI Law in The Gambia: The Journey So Far

Access to Information is one of the pillars of a strong democratic government. The legal right to request information from government can lead to transparency, accountability and encourages citizens to participate in public life.

The Gambia Press Union initiated the development of the Access to Information bill in 2016, supported by civil society organizations, The Gambia government and international bodies with interest or expertise in issues of freedom of information.

Access to Information Bill is the right to access public records and information held by public authorities or by persons providing services for them, to provide for the procedure to obtain access to that information, and for connected purposes.

A draft bill was first presented to the National Assembly in December 2019 by the Ministry of Justice for enactment. The Bill has gone through series of reviews both at national and international level. The most recent review was done by the National Assembly select committee on Education, Training & ICT and the report on the review has been successfully adopted by the National Assembly on Thursday June 25th 2020.

The Access to Information draft Bill 2019 if formally adopted by the National Assembly will allow citizens, journalists, students and civil society organizations to easily access government data. The bill seeks to:

  1. Promote transparency, accountability good governance and development by educating people about their rights
  2. Ensure transparency, strengthen the culture of provision of information, promote people’s participation in good governance, ensure accountability in the conduct of institutions, and combat corruption;
  3. Promote respect for human rights, promote effective, equitable and inexpensive exercise of the right of access to information;
  4. Establish clear and concise procedures for requesting and providing information held by public bodies and private bodies receiving public funds or performing public functions of providing public service.

Key Takeaway

  • ATI is a basic human right
  • The bill helps fight corruption
  • Nurtures a society where citizens can make informed decisions
  • With the right information citizens would be able to hold their governments accountable

Following a successful adoption of the ATI bill report submitted by the National Assembly select committee on Education, Training & ICT. The draft bill would be tabled on June 30, 2020 for a final consideration by the National Assembly members.

Authorities in Kenya Must Investigate Threats Against Journalist – AFEX

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Authorities in Kenya Must Investigate Threats Against Journalist – AFEX

The African Freedom of Expression Exchange (AFEX) has noted with concerns the reported threats against journalist John Wanyama of Citizen TV in Kenya.

According to reports, Wanyama started receiving the threats from individuals reportedly linked to two Members of the Kenyan Parliament after he covered a story on the poor state of roads in suburb of Uasin Gishu, a county in Kenya.

The residents of the locality had reportedly complained about the poor state of their roads and had called the County Government to intervene. Wanyama consequently wrote a story on the issue. However, after the story was published, he received threats from individuals who are allegedly linked to the two Members of Parliament.

Following the threats, Wanyama filed a complaint with the Directorate of Criminal Investigations. A group of lawyers have reportedly also urged the Directorate of Criminal Investigations and the Office of Director of Public Prosecution to investigate the issue.

AFEX condemns the threats on the life of John Wanyama and urges authorities in Kenya to investigate the matter and ensure that the perpetrators are held to account. AFEX also urges the police authorities to offer protection to the journalist and ensure his safety.

SADC Govts Should Cushion Media Against COVID-19 Threats

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SADC Govts Should Cushion Media Against COVID-19 Threats

The media in Southern Africa has over the years been facing a myriad of problems such as dwindling advertising revenue and declining sales for the print media amid the rapid shift to digital and online platforms.

While the media, particularly print, have been able to innovate and survive these challenges, the COVID-19 pandemic presents an existential threat to an industry that was already limping.

Many industries have been impacted by the outbreak of COVID-19. However, the collapse of media in the region could have a serious impact on freedom of speech and democracy. A free and unfettered media is one of the pillars of democracy, thus, the collapse of media organisations poses a threat to democracy.

For countries to continue to develop, there is a need for plurality and diverse media platforms so that citizens are kept well informed for them to make informed choices and decisions.

While the argument can be made that the gap being left by closing print publications is being filled by online platforms, however, statistics show that only 34% of the region have access to the internet. This leaves 66% of the regional population without enough sources for news and other information, much to the detriment of democracy.

South Africa

At the beginning of May, Associated Media Publishing (AMP), an independent media house launched in 1982, stopped trading and publishing its magazines. Its publications included Cosmopolitan, House & Leisure and Women on Wheels. Caxton and CTP Publishers & Printers also announced that they were closing their magazine division.

“Further, the negative impact of the recent COVID-19 lockdown on general economic activity and, as a consequence, on the ability of the business to trade normally in what were already difficult trading conditions for magazine publishers, has made this decision unavoidable,” Caxton said in a statement.

Due to the lockdown, newspapers such as the Citizen saw their income fall by as much as 60% during South Africa’s initial 21-day lockdown period that was announced towards the end of March. The company said 65% of adverts had also been cancelled due to the lockdown. To mitigate the losses, the newspaper company announced that workers may have to take pay cuts.

Independent Media and African News Agency (ANA), announced that staff may have to take pay cuts. On the other hand, the Mail & Guardian disclosed that some advertisers had cancelled their campaigns. Live events — which constitute about 20% of the company’s income — had also been stopped due to the coronavirus lockdown.

Zimbabwe

At the beginning of the country’s lockdown in March, Alpha Media Holdings (AMH), which publishes NewsDay, the Zimbabwe Independent and The Standard, announced that it had stopped printing its hard copies and would instead produce e-paper versions of its publications. The company also announced that all staff members would get a 50% pay cut, while those not directly involved in e-paper production were sent on leave.

Zimpapers, the publishers of The Herald, Sunday Mail, Chronicle and Sunday News, among a host of other titles, recorded some redundancies, with correspondents and workers in departments such as printing being laid off. AB Communications, the proprietors of ZiFM and Business Times, laid off several staff members, including journalists in the past month.

Subscription rates are very low on the Zimbabwean market, with companies relying on street sales. With citizens staying at home due to lockdown protocols, newspaper sales and revenue will certainly dip during this period, with serious implications for Zimbabwean media workers.

MISA Zimbabwe has written to the Minister of Information, Publicity and Broadcasting Services Monica Mutsvangwa proposing the setting up of a Media Sustainability Bailout Rescue Package. The package could be in the form of tax or duty exemptions and moratoriums on newsprint and other mass media and distribution equipment.

In addition, the government could also consider reducing registration and licence fees for media houses and also do away with some of the levies.

Botswana

News Company Botswana announced that they would stop printing and physically distributing the Botswana Gazette, which would now only be distributed as a digital copy. The Botswana Gazettehad been in circulation for more than 36 years. News Company said they had been developing their online products since 2014, but conceded that the coronavirus lockdown had accelerated a decision for the company to take its products online and abandon the print copy.

Other publications such as the Business Weekly and Echo, have also temporarily frozen their print papers and gone digital, while the Telegraph has not printed since the lockdown and neither does it have an e-copy.

Namibia

Reports from Namibia shows that giant publications like The Namibian are also finding it difficult to absorb the shock and business model dislocations borne out of the pandemic. Reports show that the newspaper is also thinking of adjusting its cost structures which will affect close to 30-40% of its journalists as it tries to adjust to the ravaging impact of the COVID 19 crisis.

Regional snapshot

It is important to point out that these are independent publishing houses that are suffering under the strain of the COVID-19 lockdowns, and their failure to operate viably, has serious implications on democracy in the Southern African region.

This pattern is replicating itself throughout the region, with media companies suffering losses due to depressed advertising and sales revenues. In Lesotho for instance, the Lesotho Timesannounced that it was cutting staff salaries by 20% for two months. In Zambia, media houses have reported downturns in their advertising revenue and circulation figures.

MISA Zimbabwe position

For democracy to function effectively, there is need for a strong and independent media, which plays its watchdog role rigorously and effectively. However, the media faces an unprecedented crisis due to the COVID-19 pandemic and the attendant lockdowns being instituted in various countries.

MISA Zimbabwe urges regional governments to come up with bailout packages for the industry in their respective countries.

However, for this to be effectively co-ordinated, there is need for a regional approach, with the process taking shape at the apex of the SADC regional grouping through the setting up of a broad framework which is all-inclusive and responsive to the moving target.

We, therefore, call upon governments to include the media in these COVID-19 bailouts and stimulus packages. The media is a very important pillar for democracy; and for democracy to thrive, there is a need for the respective governments to factor in the media in their bailout packages.

Coalition of Civil Society Groups Launches Tool to Track Responses to Disinformation in Sub Saharan Africa

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Coalition of Civil Society Groups Launches Tool to Track Responses to Disinformation in Sub Saharan Africa

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) together with Global Partners Digital (GPD), ARTICLE 19, PROTEGE QV and  the Centre for Human Rights of the University of Pretoria on June 17, 2020, jointly launched an interactive map to track and analyse disinformation laws, policies and patterns of enforcement across Sub-Saharan Africa.

The map offers a birds-eye view of trends in state responses to disinformation across the region, as well as in-depth analysis of the state of play in individual countries, using a bespoke framework to assess whether laws, policies and other state responses are human rights-respecting.

Developed against a backdrop of rapidly accelerating state action on COVID-19 related disinformation, the map is an open, iterative product. At the time of launch, it covers 31 countries (see below for the full list), with an aim to expand this in the coming months. All data, analysis and insight on the map has been generated by groups and actors based in Africa.

Government Surveillance Should Be Lawful, Justified and Necessary

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Government Surveillance Should Be Lawful, Justified and Necessary

MISA Zimbabwe takes note of the chain of events that have transpired in these last few months in Zimbabwe, which seem to point to increased attempts by the government to promote and entrench mass surveillance of citizens.

The recent press statement released by the Minister of Home Affairs and Cultural Heritage, Kazembe Kazembe, on the alleged abduction of three MDC Alliance Activists Joana Mamombe, Cecilia Chimbiri and Netsai Marova raised alarm on government surveillance of citizens.

In his statement, the Minister gave a detailed narration of the purported movements of the three abductees, which included their precise locations and times on the day in question.

And recently, in March 2020, the Zimbabwe National Army (ZNA) Commander Lieutenant-General Edzai Chimonyo, addressing senior military commissioned officers at the Zimbabwe Military Academy in Gweru, said the military would soon start snooping into private communications between private citizens to “guard against subversion,” as social media has become a threat to national security.

In his post-cabinet briefing on the 21st of April 2020, Finance Minister Mthuli Ncube said the government used a sophisticated algorithm to select beneficiaries of the ZW$180 COVID-19 pocket money. A social media report also elaborated that the Finance Minister claimed that “they looked at how much money is in your bank account, mobile wallet, and using your cell phone number, figured out where you really stay”.

What is alarming is what appears to be a combined operation of excessive use of personal information, by public and private actors, government, and mobile network operators. This raises several issues of concern around data protection, surveillance and the right to privacy.

Surveillance laws in Zimbabwe

It is not in dispute that rights can be limited and in terms of Section 85 (2) of the Constitution. Fundamental rights and freedoms set out in the Constitution may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors.

Principle 8 of the African Declaration on Internet Rights and Freedoms which focuses on privacy and personal data protection also provides that:

The right to privacy on the Internet should not be subject to any restrictions, except those that are provided by law, pursue a legitimate aim as expressly listed under international human rights law, (as specified in Article 3 of this Declaration) and are necessary and proportionate in pursuance of a legitimate aim.

Meanwhile, taking note of the sensitivity of the matter at hand, being an alleged abduction, it was expected that the government would institute investigations to uncover the truth and the criminals behind that abduction.

With the advancement in technology, geo-location data of persons and call records among other tools can be relied on to track persons and their locations. Such innovations in information technology have also enabled previously unimagined forms of collecting, storing, and sharing personal data. This, therefore, poses the urgent need to jealously guard the right to privacy and to increase State obligations related to the protection of personal data.

Read: Cybersecurity and Data Protection Bill entrenches surveillance

As highlighted above, any infringement of the right to privacy should be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. The Interceptions of Communications Act is the statute that sets out the legal basis for the government or rather State authorities to conduct communications surveillance.

In terms of the Act, an application for the lawful interception of any communication may be made by the Chief of Defence Intelligence or his or her nominee; the Director-General of the President’s department responsible for national security or his or her nominee, and in this case the Commissioner of the Zimbabwe Republic Police or his or her nominee.

As part of the application, full particulars of all the facts and circumstances alleged by the applicant in support of his or her application and also whether other investigative procedures have been applied and have failed to produce the required evidence. Or, the reason why other investigative procedures appear to be unlikely to succeed if applied, or whether they involve undue risk to the safety of members of the public or to those wishing to obtain the required evidence.

The law also requires that the Minister should issue the warrant if there are reasonable grounds for the Minister to believe that any of the listed offences has been or is being or will probably be committed and this includes kidnapping or unlawful detention involving the infliction of grievous bodily harm.

MISA Zimbabwe position

The Executive’s access to private data of citizens, use and storage should be prescribed by law and through lawful procedures that are in line with international human rights frameworks.

MISA Zimbabwe, therefore, reiterates that the Interception of Communications Act, enacted in 2007, needs to be reviewed and aligned with the 2013 Constitution. The Act infringes on the exercise of rights and is not in keeping with international human rights standards through various aspects which include the following:

  • Authorities may obtain warrants to intercept private communications through a process that is controlled by members of the Executive and not subject to independent scrutiny and oversight, whether from a judicial or other monitoring body or the public.
  • The Act does not require authorities to notify individuals that they are or have been subject to surveillance and there are insufficient avenues for victims of unlawful surveillance to seek redress.
  • The Act places wide-ranging duties on telecommunications providers to facilitate State surveillance.
  • Key terms in the Act, such as “monitoring,” are not clearly defined, opening the door to abuse, especially in relation to the collection and analysis of metadata.

MISA Zimbabwe also takes note of the gazetting of the Cybersecurity and Data Protection Bill which seeks to put in place mechanisms for the protection of data in line with the Declaration of Rights.

Having noted the extensive involvement of the executive in surveillance issues, MISA Zimbabwe also reiterates its position in the analysis of the Bill, that the proposal to make Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), the Cybersecurity Centre and Data Protection Authority, is inappropriate.

The conflation of these three institutions poses a dual crisis, with POTRAZ, on one hand, becoming the surveillance arm of the state while also having access to the large volumes of data collected by the Mobile Network Operators (MNOs) and Internet Service Providers (ISPs). This, therefore, compromises data protection and the right to privacy.

Read: Zimbabwe: Protecting media freedom and access to information in 2020

The proposed Bill should be reviewed to ensure that it is in keeping with the promotion of the right to privacy and data protection. A separate and independent body should also be set up to handle all cybersecurity issues, comprising stakeholders who advocate for internet freedom and protection of digital rights.

Where interception is required, there is a need for judicial oversight, protection of the metadata obtained and clearly laid out procedure on the retention of the metadata. Further, there should be parameters set on the scope of interception, rather than an open wide interception, similar to search and seizure powers, which are broad and open for abuse. In the absence of such safety nets, mass surveillance of citizens becomes a free reign for the ruling elites to abuse the vulnerable citizens. This is in violation of the constitution of Zimbabwe’s section 57, which states that: Every person has the right to privacy, which includes the right not to have:

  • their home, premises or property entered without permission;
  • their person, home premises or property searched;
  • their possession seized;
  • the privacy of communications infringed; or
  • their health condition disclosed

Legacy Media in Crisis, Boom for Digital Media— COVID-19 & Media Sustainability in West Africa

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Legacy Media in Crisis, Boom for Digital Media— COVID-19 & Media Sustainability in West Africa

The global community has been battling the novel coronavirus infection (COVID-19) since November 2019. The pandemic is known to have infected over six million individuals, and claimed more than 350,000 lives across the world as of  June 3, 2020.

As it rages through the globe, the virus has drastically changed ways of life, crippled economies, and brought several businesses to their knees. Although the virus was slow at tightening its grip on the African continent, it has already seriously impacted several industries in Africa, including the media, which have steadily seen its revenue streams dwindle.

In the wake of the COVID-19 outbreak in West Africa, the drastic drop in advertising revenues which legacy media organisations traditionally depend on to stay afloat has further worsened the already existing challenges in media financial sustainability. In Ghana for example, the advertising industry is heavily impacted as it has recorded about GHs100 million in losses since the outbreak. If this trend should continue, media organizations who benefit from the industry are staring at a major cash crunch.

The situation is not different in Nigeria. “COVID-19 affects the very DNA of the traditional business model of media organizations which is advertising, circulation and events,” said Dapo Olorunyomi, CEO of Premium Times during an interview. “Many advertisers have not returned and may be difficult to win back in short to medium terms. Already 21 media organisations have sent out messages of massive staff downsizing and salary cuts,” he added.

Newspapers

Lockdown impositions and curfews are measures adopted by several governments in West Africa to contain the spread of the coronavirus. These steps, though might be necessary, have negatively impacted the survival of legacy media, particularly newspapers.

Emmanuel Akli, Editor-in-Chief at The Chronicle, a major newspaper in Ghana fears the pandemic could have a heavy toll on his newspaper. “If this pandemic should continue for a longer period of time, the newspaper industry will be devastated. We are recording drops in sales as customers are even afraid to touch the paper for fear of it being infected,” he said during a phone interview.

The situation is no different in Mali. Some newspapers are beginning to fade out, due to their inability to generate enough revenue. Youssouf Diallo, Head of Publication at Lettre du Peuple, hopes that the virus can be contained within a short time for businesses to fully resume. The alternative will mean his media organisation would have to stop operating.

‘’If by July the pandemic continues, we might have to close. We first saw our printing companies having challenges in operating at night because of the curfews and then our advertisement contracts which represent 80% of our revenues got cancelled due to the outbreak,” he said during a phone interview.

Newspapers in Liberia are also facing similar challenges. The Publishers Association of Liberia (PAL) announced the suspension of their print publications due to the imposition of the State of Emergency which will affect the distribution of their papers and lead to a massive decrease in revenues.

Radio Stations

Radio remains the leading medium for news and information in West Africa.  Its importance in a pandemic such the current one cannot be underrated. Even in pre-coronavirus times, ensuring the sustainability of radio stations was a balancing act.  Baye Omar Gaye, General Manager of Sud FM, a prominent radio station in Senegal, believes that if the situation is not reversed, it might lead to difficult decisions with regards to staffing.

‘’Today everything is about the coronavirus, which is not lucrative and does not help in generating revenues. In the current context where economic activities have slowed down, businesses are not interested in advertisements. Meanwhile, about 90% of our revenues are from adverts. In the long run, tough decisions might have to be made to cut operation cost,’’ Baye said in an interview.

In Burkina Faso, the government has imposed both a partial lockdown and a state of emergency. Although a good number of stations are still operating, Paul Miki Roamba, Editor-in-Chief of Ouagadougou-based Ouaga FM, thinks that the future is uncertain.

“We are not yet to the point of laying off staff or being unable to pay salaries. However, there is no guarantee that we might not face such a situation as there are signs of an economic crisis because the advertising industry has completely collapsed,” he said.

Online media

As legacy media struggles during these times, the contrary is the case with online media organisations. Online news portals are recording a spike in number of visitors.

Seneweb, a major online media in Senegal is one of such platforms. According to Abdoul Fall Salam, General Manager of the website, his online media portal has seen a sharp rise in visitors and is now getting revenue from the public sector.

“Following the outbreak, we saw the number of visitors on our website increase by 30% on average. And although the private sector is not advertising much these days, we recorded an increase of governmental communications which we do at a fee,’’ he pointed.

Seneweb is not the only online outlet to have recorded an increase in the number of visitors during this outbreak. Other major online media organisations across West Africa including Banouto Media in Benin, MediaForce-Afrique in Senegal, and International Centre for Investigative Reporting in Nigeria have all recorded a massive surge in number of visitors.

Although this is yet to translate into increased revenue streams for some outlets, Ade Simplice Robert, General Manager of MediaForce-Afrique, thinks that it presents an opportunity for online media organisations to gain more recognition.

The coronavirus pandemic is posing a serious challenge to the revenue streams of a number of media organisations. However, the spike in online media visits and the prospects of improved revenue in the online space could be the potential accelerator to a digital revolution in the media industry and the switch towards online media. While the pandemic is having a devastating effect on legacy media,it highlights the growing viability of digital media platforms . In the context for West Africa where internet connection remains poor and what is available remains highly priced, the viability of online media platforms may still not be certain and would continue to require deeper analysis and reflections by all stakeholders.

AFEX Deplores Assault and Harassment of Journalist in South Africa

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AFEX Deplores Assault and Harassment of Journalist in South Africa

The African Freedom of Expression Exchange (AFEX) has learnt with dismay the wanton assault and harassment on journalist Paul Nthoba and calls on authorities in South Africa to investigate the matter.

According to reports, the incident happened on May 15, 2020, when Nthoba photographed officers of South African Police Serviceswho were on patrol enforcing a COVID-19 lockdown in the township of Meqheleng, close to the Lesotho border.

The journalist after taking the photograph approached some of the police officers to interview them. However, one of the officers hurledoffensive statement at Nthoba and slapped him. Another officer reportedly slapped Nthoba while three others kicked him, saying the journalist did not have their permission to photograph them.

Following this traumatic incident, Nthoba went to the Ficksburg police station to lodge a complaint, but instead of being assisted by the police, he faced further abuse.”

The police officers at the station and those who had assaulted the journalist earlier, reportedly prevented the journalist from filing a formal complaint on the assault.

Nthoba was also assaulted by police officers while in the charge office.

The South African National Editors’ Forum (SANEF), has reported that following the assault, Nthoba and his family saw “marked police vehicles patrolling his street and another parked in the street a few metres from his home, with no explanation.”

Fearing for his life, Nthoba reportedly crossed the border into Lesotho and sought protection at the United Nations offices in Lesotho.

According to SANEF, despite assurances from the Police Ministry that “the matter would be taken up with the national and provincial police commissioners to be dealt with as a matter of urgency,” the officers who assaulted the journalist are still at post.

Nthoba has also been charged with obstructing law enforcement under a COVID-19 regulation of the Disaster Management Act of 2002. If convicted, he could face up to six months in prison.

AFEX finds the assault on Nthoba very worrying. We are particularly concerned that after assaulting the journalist, the police were patrolling Nthoba’s neighbourhood to further harass him and his family. No journalist should be assaulted and harassed to the point that they flee in fear for their lives. We are, therefore, urging the Police Ministry to expedite investigations into the matter and ensure that the police officers who were involved in the assault are brought to book. We are also urging the Ministry to ensure his safety and that of his family. We further urge the authorities to ensure that all charges against him be dropped and all harassment ceased.

Governments in Southern Africa Intensify Crackdowns on Media During COVID-19

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Governments in Southern Africa Intensify Crackdowns on Media During COVID-19

As the continent commemorates Africa Day on 25 May 2020, it is worrying that the majority of Southern African countries, typical of fragile states, are taking advantage of the outbreak of the deadly Coronavirus to tighten their grip on power.

These countries are doing this by introducing nefarious laws and engaging in practices that undermine media freedom, access to information and freedom of expression.

In most of these countries, the common trend has seen the Executive unilaterally making decisions as if their respective countries are on sabbatical in terms of upholding constitutional rights.

Resultantly, the law-making role of parliament in these countries is being subverted and diminishing, thereby compromising the much-needed checks and balances and the principle of separation of powers.

With COVID-19 lockdowns still in place across the region, individual freedoms, the rights to free speech and free media, have been the biggest casualties of these actions. This is evidenced by the number of reported media violations across the region, perpetrated by state security agents.

The respective governments do not view the media as part of the ecosystem of essential services, aimed at fighting the spread of the disease through the dissemination of professionally curated content in the age of misinformation and disinformation.

This is sadly coming in the aftermath of the successful review of the Declaration of Principles on Freedom of Expression in Africa by the African Commission on Human and Peoples’ Rights. The declaration provides for the rights to internet, expression, privacy and access to information and media freedom among others.

In this regional solidarity statement, MISA Zimbabwe takes a bird’s view of some of the worrying trends as noted below:

Eswatini: Two journalists, Zweli Martin Dlamini and Eugene Dube fled the country to South Africa, fearing their lives were in danger.

Dlamini, the editor of Swaziland News, had in April written a story that King Mswati had contracted COVID-19. The police reportedly visited his home where they allegedly harassed his family members.

On the other hand, Royal Police visited Dube’s house, at least three times, seeking to interrogate him because the authorities were upset that he was reporting about the activities of an opposition group.

The police, on the other hand, claim they wanted to arrest Dube, the editor of Swati Newsweek because he had contravened COVID-19 lockdown regulations. He was detained for nine hours on April 23, but Dube said the police did not question him on the alleged contravention of lockdown regulations.

We urge the eSwatini authorities to guarantee the safety of the two journalists.

Mozambique: Ibraimo Abu Mbaruco, who was allegedly abducted by soldiers, has been missing for six weeks now. Mbaruco, a journalist at Palma Community Radio, has not been seen or heard of since April 7. On the day he went missing, Mbaruco sent messages to colleagues informing them he was being abducted by soldiers.

He is still missing despite numerous calls from the local, regional and international conversations calling for the government of Mozambique to release him.

South Africa: Community journalist, Paul Nthoba, has been forced to flee into Lesotho to seek refuge after he was allegedly assaulted by South African police. Nthoba had been profiling police officers enforcing lockdown regulations in a township in the Free State province when he was allegedly assaulted.

Following the alleged assault, the journalist went to a police station to report the case, but instead of the matter being investigated, he faced further abuse.

Nthoba then crossed into Lesotho where he informed the United Nations that he was seeking exile status, as the officers who allegedly assaulted him are still on duty.

Zambia: In April, Zambian authorities cancelled the licence of privately owned television station Prime TV. The television station is on record refusing to flight the Zambian government’s messages free of charge during the COVID-19 pandemic outbreak.

Prime TV had made a name for itself with their critical coverage, particularly their reportage on the COVID-19 outbreak.

Recently, as well, members of the ruling Patriotic Front disrupted an interview involving UNPD leader, Hakainde Hichilema. They accused him of cheap politicking tactics to insult and provoke people and then act like a victim to try and attract cheap sympathy.

Zimbabwe: Between 31 March and 15 April 2020, following the country’s 21-day COVID-19 lockdown, MISA Zimbabwe recorded 15 cases of journalists either being assaulted, harassed or arrested while performing their constitutionally guaranteed duties. It took MISA Zimbabwe’s court application to stop the police and uniformed forces’ media freedom violations.

This week, the government of Zimbabwe gazetted the Cybersecurity and Data Protection Bill, which MISA Zimbabwe rightfully noted in its analysis, that it seeks to entrench state surveillance of citizens.

On 22 May 2020, journalists Frank Chikowore and Samuel Takawira were arrested at a clinic in Harare where three opposition MDC Alliance officials are being treated following their alleged abduction and torture after staging a demonstration.

Chikowore and Takawira who spent a night in police custody were on 23 May 2020 denied bail and remanded in custody to 26 May 2020 on charges of breaching Section 11 (b) of Statutory Instrument 83 of 2020 in terms of the COVID-19 regulations when they appeared before the court in Harare’s suburb of Mbare.

The charge deals with failure to comply or obey without substantive cause, the instructions of a police officer.

Further, at the time of the writing this regional solidarity statement, MISA Zimbabwe is objecting to the new accreditation categories proposed by the Zimbabwe Media Commission as both dangerous and injurious to media freedom under the deceptive measures to contain the deadly pandemic.

MISA Zimbabwe position

Given the trend of media freedom and free expression violations in the region, MISA Zimbabwe urges for the following actions:

  • That the Southern African Development Community (SADC) takes a firm stance in defence of media freedom, freedom of expression and right to access to information as provided for in the African Union (AU) protocols and instruments such as the African Charter on Human and People’s Rights; the AU’s Declaration of Principles on Freedom of Expression and Access to Information as well as respective countries’ constitutional provisions, among others.
  • Respective governments in the region must ensure that the police and independent commissions, respectively, investigate these wanton acts of lawlessness and impunity and the attacks on the media and journalists and duly make public the findings of such investigations with the view of punishing the perpetrators.
  • SADC, as a regional body, must take the unequivocal position and assertion that the media is an essential service in the fight against COVID-19.
  • That as part of economic stimulus packages by the respective governments, the media be preserved through respective member states establishing independent revolving funds to guarantee the survival of the media post the COVID-19 pandemic
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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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