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AFEX Joins Stakeholders in Zimbabwe to Mark 2019 International Day to End Impunity

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The African Freedom of Expression Exchange (AFEX) on Friday, November 1, 2019 joined stakeholders in Zimbabwe to commemorate the 2019 International Day to End Impunity for Crimes against Journalists. The high-level meeting ran under the theme, Journalists Security for Free, Open and Informed Societies. It brought together representatives from the Zimbabwean government, diplomatic missions, the United Nations, civil society organisations, media houses and media rights organisations as well as supporters of media freedom.

The objective to the Forum was to discuss challenges in Zimbabwe’s media sector over the past one year and how stakeholders can collaborate to combat impunity for crimes against journalists in order to improve the safety of journalists’ situation in the country. Speaking at the event, Tabani Moyo, Executive Director of Media Institute of Southern Africa (MISA) Zimbabwe Chapter and Chairperson of the Media Alliance of Zimbabwe said the country has recorded about 25 cases of attacks against journalists since beginning of 2019, most of them perpetrated with impunity.

 

Felicia Anthonio, AFEX Coordinator, lamented the widespread impunity for crimes perpetrated against journalists in Africa and called for collaborative mechanisms at local and regional level to combat the scourge and ensure justice for attacks against journalists who are abused.

Felicia Anthonio making submission at the 2019 IDEI Commemoration in Harare

“Most worrying is the fact that perpetrators of these attacks are mostly left unpunished and in many cases, there is no serious attempt to investigate these crimes resulting in a pervasive culture of impunity for crimes against journalists. In response to this situation, stakeholders from regional and international agencies, civil society organisations, media organisations as well as individuals have in recent years mounted a concerted campaign on the safety of journalists and for an overall improvement in the freedom of expression environment on the continent,” said Anthonio.

 

The Director of UNESCO Regional Office in Southern Africa, Prof. Hubert Gijzen reiterated the important role of journalists in driving the attainment of the Sustainable Development Goals (SDGs), hence the need to adopt mechanisms to prosecute perpetrators of attacks against journalists’ rights.

The Dialogue forms part of activities under AFEX’s safety of journalists and anti-impunity campaign which seeks to improve advocacy on the safety of journalists and issue of impunity for crimes against journalists in Africa.

On the sidelines, the AFEX delegation paid courtesy calls on Zimbabwe’s Ministry of Information, Publicity and Broadcasting Services as well as the Zimbabwe Republic Police. The purpose of these courtesy calls was to discuss how these government entities could work together with the media fraternity to ensure that journalists working in Zimbabwe are free to do their journalistic duties without fear of unjustified arrest or attacks. As well as to come up with mechanisms for dialogue and redress for instances when journalists are attacked during the course of their duties.

Dr Anywhere Mutambudzi, Director of Media Services at the Ministry of Information, Publicity and Broadcasting Services, received the AFEX delegation on behalf of the Minister of Information. Dr Mutambudzi acknowledged the need for journalists to carry out their work in a safe environment, adding that the safety of journalists is a priority for his Ministry.

AFEX Delegation with Dr. Mutambudzi (Centre) at Zimbabwe’s Ministry of Information, Publicity and Broadcasting Services

Speaking on behalf of the Zimbabwe Police Service, Senior Assistant Commissioner Paul Nyathi, the Press and Public Relations at the Zimbabwe Republic Police, said the police was willing to engage other stakeholders working to promote press freedom and safety of journalists in Zimbabwe in a cordial manner.

The Senior Assistant Commissioner said that the police, “… recognise the international conventions and frameworks on safety of journalists and press freedom to which Zimbabwe is signatory. Our doors are opened to every journalists or media freedom organisations working in the country and we continue to encourage them to report attacks perpetrated against them while carrying out their journalistic duties.”

In addition to the services provided by the police, representatives from the Zimbabwe Human Rights Commission and the National Peace and Reconciliation Commission who spoke at the commemorations invited members of the media and public to report media freedom violations to the two Commissions in a bid to ensure that such violations are conclusively investigated and prosecuted.

The AFEX network continues to engage stakeholders across sub-Saharan Africa to collaborate in order to improve the safety of journalists and press freedom situation in Africa through its periodic missions and dialogues.

Waiting for Justice: No Redress for Killings in Recent Years, Other Violations against Journalists in 2019

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This statement was originally published on mfwa.org on November 1, 2019. 

Over the past ten months, the MFWA has recorded about 70 violations against journalists and other media workers in West Africa. Physical attacks, arbitrary arrests and detentions are the most commonly perpetrated violations against journalists. Threats and the seizure of equipment of the victims are also being increasingly employed to intimidate journalists.

The MFWA’s daily monitoring of the Press freedom landscape in the sub-region shows a disturbing trend of violations against journalists and media practitioners that often go uninvestigated, much less punished.

On the occasion of the International Day to End Impunity for Crimes against Journalists (IDEI), the Media Foundation for West Africa (MFWA) makes an urgent appeal for justice for journalists who have been physically attacked and/or arbitrarily detained in relation to their work since the beginning of 2019. We also highlight cases of killing and disappearances in recent years that are still waiting for justice.

Outstanding Impunity Issues

The family of Ahmed Hussein Suale, a member of the Tiger Eye PI team led by investigative journalist, Anas Aremeyaw Anas are yet to receive justice after unknown gunmen shot and killed him in Accra on January 16, 2019.

In what certainly raises deep concern over the safety of journalist situation in Nigeria, four journalists were killed in separate incidents in the course of 2017.

Famous Giobaro, was a desk editor with the state-owned Glory FM 97.1 in Bayelsa State. His family is yet to receive justice after unknown attackers shot and killed him at his residence on April 16, 2017.

Lawrence Okojie, Nigeria Television Authority (NTA) in Edo State was shot and killed by unknown assailants as he was heading home from work on July 8, 2017.  Okojie’s family are still waiting for justice.

Ikechukwu Onubogu, a cameraman with Anambra Broadcasting Services (ABS) was found dead with bullet wounds on November 16, 2017, four days after he was reported missing by his family.

Related Story: Nigeria: Four Journalists Killed in 8 Months

Abdul Ganiyu Lawal, a freelance broadcast journalist in Ekiti State was found dead in the bush on November 23, 2017.

In each of the cases, the victim was shot dead by unknown gunmen in circumstances that are yet to be unravelled. Despite a petition to the Inspector General of Police in Nigeria by the MFWA in 2018, these cases are still unresolved.

In Guinea, the family of journalists El Hadj Mohamed Diallo, who was shot dead on February 5, 2016 while on duty for news website Guinee 7, are yet to receive justice. In a controversial verdict issued on January 9, 2018, the judge, Mangadouba Sow, sentenced Souleymane Bah, a former opposition politician, to life imprisonment and two others to two years in imprisonment each, all of them in absentia. Up till none of the convicts has served their term.

During an event to mark the World Press Freedom Day, 2019, then Minister of Justice, Check Sako has admitted that justice was not administered in the case and promised that there would be retrial to remedy the situation. However five months after this promise, nothing has been done.

Besides these emblematic cases of impunity, several violations have been perpetrated against journalists in the course of 2019, with all the perpetrators going unpunished and the victims given no compensation.

Each of 12 cases of physical attacks and arbitrary arrests/detentions have been recorded. Among these is the unending case of Jones Abiri, editor of the Daily Source newspaper who was re-arrested on March 30, 2019 about six months after he was released on court orders from an illegal two-year detention. Abiri’s second spell in prison lasted seven months, as he was released on bail on October 25, 2019.

The Nigerian Government has not only failed to pay 10 million Naira (about US$27,500) damages awarded to the journalist in an Abuja High Court ruling on September 18, 2018,  but is continuing to harass him with further detentions.

Still in Nigeria, there has been no closure on the case of Precious Owolabi, a journalist with Channels Television, who was fatally hit by a bullet while he was covering a violent confrontation between security forces and protesters in Abuja on July 22, 2019.

In another case of arbitrary arrest and detention, national security operatives in Ghana on  June 27, arrested and detained Emmanuel Ajarfor Abugri, deputy editor, and Emmanuel Yeboah Britwum, a reporter of ModernGhana.com after storming the offices of the online newspaper.  The journalists, who were detained for three days, reported being tortured.

Call on the Governments of Countries Concerned to Take Measures to end Impunity

The MFWA strongly condemns the murders, arbitrary arrests and harassments committed against journalists in the performance of their duties.

In view of the above, the MFWA reiterates its call on the government of Nigeria to expedite investigations into the killing of the four journalists in 1997 and to ensure justice for the family of Precious Owabi, who was killed while covering the recent crackdown on a protest by the Shia group in Nigeria.

We further urge the government of Guinea to recall the case of Elhadj Mohamed Diallo and ensure that justice is served.

Cameroonian Government Must Act to End Ongoing Attacks on Press Freedom

In a joint report produced by the Accra-based African Freedom of Expression Exchange (AFEX) and its member in Cameroon, Association pour Le Développement Intégré et la Solidarité Interactive (ADISI-Cameroun), the two organizations called on the government of Cameroon to adopt urgent steps to end the ongoing attacks on journalists and activists working in the country. The Report highlights the state of the press freedom and access to information in Cameroon between January 2017 – March 2019.

AFEX and its member, ADISI-Cameroun, note that the situation of journalists and the media, as well as access to information, has considerably deteriorated over the period under review. The data collected indicate that there is an increased crackdown on journalists working in the country mainly as a result of the socio-political and security crisis the country has been experiencing over the past two years in its English-Speaking regions.

State actors were identified as the major perpetrators of freedom of expression violations recorded. Non-state actors like unknow individuals were also responsible for some of the attacks. Several journalists were arrested, physically assaulted or had their their equipment destroyed by security officials in the country. The crackdown has forced a number of journalists to flee the country to neighbouring Nigeria and some have even gone on exile to the united States and South Africa. Others have left these regions to find safety in major towns such as Douala and Yaounde. Those who remain in the Anglophone regions are subjected to frequent threats or harassment from state-actors. This has forced most of these journalists into self-censorship for fear of reprisal.

There is the need for the government of Cameroon to take urgent steps to put an end to the ongoing crisis in the English-Speaking regions of the country and also ensure that the rights of journalists and activists are respected.

AFEX and ADISI-Cameroun takes this opportunity to call on public authorities and civil liberties stakeholders to respect the conventions that govern the profession of journalists and the media in Cameroon.

Kindly click here to access the full version of the Analytical Report on the Safety of Journalists in Cameroon – Jan. 2017 and July 2019 containing more details about the challenges and threats journalists in Cameroon are facing. 

Le Gouvernement Camerounais doit Agir pour Mettre Fin aux Attaques contre la Liberté de la Presse

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Dans un rapport conjoint produit par le Réseau Africain de la Liberté d’Expression (AFEX) basé à Accra et son membre au Cameroun, Association Pour Le Développement Intégré Et La Solidarité Interactive (ADISI-Cameroun), les deux organisations appelle au gouvernement camerounais de mettre fin aux attaques contre les journalistes et les activistes que travaillent dans le pays. Le rapport conjoint met en exergue l’état de la liberté de la presse et de l’accès à l’information au Cameroun entre Janvier 2017- Mars 2019.

AFEX et son membre, ADISI-Cameroun, notent que la situation des journalistes et des médias, ainsi que l’accès à l’information se sont considérablement détériorés au cours de la période considérée. Les données collectées indiquent que les journalistes travaillant dans le pays sont de plus en plus réprimés en raison de la crise sociopolitique et de la sécurité que le pays traverse depuis deux ans dans ses régions anglophones.

Les acteurs étatiques ont été identifiés comme les principaux auteurs des violations de la liberté d’expression enregistrées. Des acteurs non étatiques, tels que des inconnus, sont également responsables de certaines des attaques. Plusieurs journalistes ont été arrêtés, agressés physiquement ou ont vu leur équipement détruit par des agents de sécurité du pays.

La répression a forcé un certain nombre de journalistes à fuir le pays pour se réfugier au Nigéria voisin et certains se sont même exilés aux États-Unis et en Afrique du Sud. D’autres ont quitté ces régions pour trouver la sécurité dans des villes importantes telles que Douala et Yaoundé.

Ceux qui vivent dans les régions anglophones sont fréquemment victimes de menaces ou de harcèlement de la part d’acteurs étatiques. Cela a forcé la plupart de ces journalistes à s’autocensurer de peur de représailles.

Le gouvernement camerounais doit prendre des mesures urgentes pour mettre fin à la crise qui sévit actuellement dans les régions anglophones du pays et veiller à ce que les droits des journalistes et des militants soient respectés.

AFEX et ADISI-Cameroun saisissent cette occasion pour appeler les autorités publiques et les acteurs des libertés civiles à respecter les conventions régissant le métier de journaliste et de média au Cameroun.

Veuillez cliquer ici pour accéder au Rapport analytique sur la situation des journalistes camerounais- 2017 – 2019 avec plus de détails sur les défis et les menaces auxquels sont confrontés les journalistes au Cameroun.

Government of Guinea Must Protect Freedom of Expression Rights as Guaranteed by the Country’s Constitution

Press freedom and freedom of expression have come under severe attack in Guinea as security agents and state officials continue to brutalise journalists and anti-government protesters, according to a report jointly produced by the African Freedom of Expression Exchange (AFEX) and l’Association Guinéenne des éditeurs de la Presse Indépendante (AGEPI).

The Analytical Report on the Safety of Journalists in Guinea January 2017 to July 2019 pinpoints attacks such as physical assault, arbitrary arrest and detentions, judicial sanctions and even killing used to silence journalists and dissidents in Guinea. Sadly, these heinous violations are perpetrated with widespread impunity resulting in an increase in attacks on journalists. The rights to freedom of expression and access to information are guaranteed under Article two of the Guinean Constitution of 7 May 2010, as well as other international instruments adhered to by the Republic of Guinea as affirmed in the preamble to Guinea’s Constitution. Nevertheless, these rights are constantly violated by state officials including government officials, security agents and magistrates of judicial courts.

Aside the fact that the above-mentioned violations target journalists and dissidents directly, the government has also resorted to the use of measures such as banning of protests or demonstrations by opposition and civil society actors who are dissatisfied with policies or decisions taken by the government. Civil rights in Guinea have been under attack over the past years. It will be recalled that the Ministry of Territorial Administration and Decentralisation July 23, 2018 passed a decree to ban protests in the country. The government’s intolerance for freedom of assembly rights is typified by the violent massacre by security agents of more than 150 protesters and rape of about 100 women during a peaceful demonstration in September 28, 2009.

To make the situation worse, Guinea’s Parliament on July 6, 2019, passed a law allowing gendarmes deployed for public order duties to use their discretion to shoot on sight without fear of prosecution. This law has serious implications for the exercise of freedom of assembly rights given the country’s record of violent repression of protests.

The African Freedom of Expression Exchange (AFEX) is seriously concerned about this blatant attack on the rights of journalists, protesters and other dissidents in the country by the authorities in Guinea. The government of Guinea has a duty to protect the people of Guinea as provided for in its national constitution as well as other regional and international frameworks the country has ratified or signed.

In view of the above mentioned threats to freedom of expression and freedom of assembly rights in Guinea, AFEX and its member organisations urge the government to make commitments towards changing the deteriorating human rights situation in the country. To that end, we wish to make the following recommendations:

To the Government of:

  • Adopt urgent steps to abolish the recently adopted shoot on sight law which allows security agents to disperse protesters with live bullets
  • Sanitise the deteriorating human rights environment to improve the freedom of expression and freedom of assembly rights.
  • Lift the one year ban on the right to protests in Conakry and its surrounding provinces, in accordance with Article 10 of the Constitution of 7 May 2010
  • Ensure that perpetrators of attacks against journalists, opinion leaders, opposition politicians among others are sanctioned accordingly

Security Agencies:

  • Refrain from arbitrarily attacking journalists as well using excessive force to disperse peaceful demonstrators
  • Investigate attacks against journalists and dissidents to a logical conclusion

Parliament:

  • Refrain from making any changes to the organic law L002/22/06/2010 that are inimical to the exercise of freedom of expression and press freedom in the Republic of Guinea;

Constitutional Court:

  • Refrain from using swamped up charges or sanctions to silence journalists and opinion leaders who are critical of the government.
  • To call on the Government to lift the one-year ban on demonstrations in the country
  • Urge the government to withdraw the recently adopted legislation that allows gendarmes to shoot protesters on sight in an attempt to control public order

Civil society actors:

  • Continue advocate for the promotion and defence of press freedom and freedom of expression in Guinea
  • Raise awareness about the provisions in the Guinean Constitution and other frameworks that obligate the government to uphold and defend freedom of the press and expression
  • Increase capacity building trainings for journalists, trade union leaders and civil society actors on the mechanisms to protect the safety of journalists and human rights activists
  • There is the need for increased collaboration among stakeholders in Guinea and beyond in order to eliminate this permanent threat to freedom of expression and press freedom.

Media Owners and Journalists:

  • Use your platforms to raise awareness about the important role journalists and other media professionals play in promoting democracy in Guinea
  • Work in solidarity with other media outlets to highlight the threats and attacks affecting journalism practice in the country and how to tackle these challenges
  • Train journalists and other media to be profession and ethical at all times
  • Initiate roundtable discussions on relations between magistrates, the media and the security services;

Kindly click here to access the full version of the Analytical Report on the Safety of Journalists in Guinea – Jan. 2017 to July 2019. 

AFEX is a continental network of freedom of expression organisations that work to promote and defend press freedom rights in Africa. 

Deteriorating Press Freedom Situation in Zimbabwe, Mnangagwa’s Government Has a Duty to Protect Journalists

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The African Freedom of Expression Exchange (AFEX) joins it member, the Media Institute of Southern Africa, Zimbabwe Chapter (MISA Zimbabwe) to denounce the recent violations perpetrated against journalists working in the country.

AFEX has received reports of journalists being abused by state and non-state actors in their line of duty. In the most recent and worrying incident, unidentified armed men on August 21, 2019 at about 10pm raided the home of Samantha Kureya, a female comedian and political satirist working with the Bustop Television Station and assaulted her as well as some members of her family including minors. The unruly gunmen then abducted Kureya from her residence in Mufakose to an unknown location where she was severely beaten amidst reports of torture before being dumped at Crowborough, a suburb of Harare.

According to media report, Kureya, popularly known as Gonyeti has since gone into hiding after going through such an inhumane experience.  

It was also reported that Kureya’s colleague, Sharon Chideu (Magi) also narrowly escaped abduction in the early hours of Thursday morning (August 22) after she had been warned to move to safety. Gunmen reportedly stormed her home after she had already gone into hiding.

According to MISA Zimbabwe, it will be recalled that police arrested and detained Kureya together with another colleague from the Bustop TV station following the publication of a satirical skit in 2016 which the police claimed amounted to ‘public nuisance.’ It was also reported that the police warned the two journalists about their satirical skits adding that they were becoming too political.

In addition to the above violations, agents of Zimbabwe’s police on August 23, 2019 arrested Leopold Munhende, a journalist working with online news partal, NewZimbabwe.Com at the New Government Complex in Harare while he was covering a demonstration by members of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ).

According to his colleague, Costa Nkomo, they were filming the demonstrations when the police approached Munhende. Nkomo added that the police still bundled Munhende into their vehicle despite the fact that he had shown them his accreditation card as a journalist.

In similar but separate incident, officers from Zimbabwe Republic Police (ZRP) anti-riot division on August 16, 2019 assaulted Talkmore Fani Mapfumo, a local journalist with online publication, Zim Morning Post. Mapfumo was filming police officers who were dispersing protestors in the Central Business District (CBD).

In a video clip, taken by another jpurnalist who was present at the scene, uniformed police officers were manhandling Mapfumo and asking him to stop filming. The journalist produced his accreditation card but this did not stop the officers from assaulting him as they took turns to beat him up with their batons.

One of the officers is recorded shouting, “…being a journalist will not spare you from beatings”. The assaults only stopped when Mapfumo broke loose and ran for his life.

AFEX expresses serious concerns about these wanton attacks against journalists working in Zimbabwe as they contribute to further worsening the already deteriorating press freedom environment in the country. We urge the authorities in Zimbabwe as well as the police to swiftly investigate the reported cases of assaults against the journalists in question while ensuring that concrete steps are adopted to promote the safety conditions under which journalists work in the country.

The increasing report of impunity for crimes targeting journalists is likely to result in increased attacks against them which is dangerous for the growth of the country’s democracy. These attacks also have the potential to silence the Zimbabwean populace to refrain from commenting on issues that affect them in the country.

The Zimbabwean government has an obligation to protect and ensure the safety and security of its citizens at all times. AFEX appeals to President Mnangagwa to take urgent steps to put an end to the incidents of violations against journalists by adopting steps to protect journalists working in the country.

 

 

AFEX Joins Its Member, JED to Urge New Congolese Government to Prioritise Safety of Journalists in DRC

The African Freedom of Expression Exchange (AFEX) has joined Journaliste en Danger (JED), its member organisation in the Democratic Republic of Congo to call on President Félix Antoine Tshisekedi to prioritise the safety of journalists and adopt concrete steps to put an end to the pervasive culture of impunity for crimes against journalists in the country. The call was made following the publication of a report by JED titled, “Safety of Journalists and the Issue of Impunity for Crimes against Journalists in DRC – January 2017 – May 2019” which highlights the press freedom situation in the country from January 1, 2017 to May 3, 2019.

According to JED, although the press freedom situation over the past six months has witnessed an uneasy calm, attacks against journalists in the DRC remain alarming.

The report said a total of 37 press freedom violations mostly targeting journalists, were recorded from January 1 to May 3, 2019 as compared to 44 cases during the same period in 2018. A total of 121 violations each was recorded in 2017 and 2018.

Some of the violations recorded included the destruction of media houses, arrest and detention of journalists, threat and intimidation and imprisonment of journalists. The major perpetrators of the above mentioned violations were state security agents and state officials. Sadly, most of these violations were perpetrated with impunity.  

According to the report, the Congolese government has failed to adopt concrete steps to promote the freedom of expression and press freedom particularly, the safety of journalists resulting in a culture of impunity that nurtures increased violence against journalists in the country.

The report also lamented the use of out-dated laws which were adopted under the military regime to stifle media freedom and harass journalists working in the country.

“Up till today, the DRC still relies on an obsolete law adopted under the dictatorship of Marshal Mobutu in 1996, which imposes prison sentences and heavy fines for defamation of government officials or influential individuals. This law thus threatens and limits the enjoyment of freedom of expression and its corollary, freedom of the press, on one hand, and gives public and private officials sufficient leeway to attack journalists, on the other hand,” says the Report.

The JED report also bemoaned the fact that none of the recommendations made to the Congolese government during its last Universal Periodic Review (UPR) before the UN Human Rights Council meeting in 2015 has been implemented.

AFEX therefore joins JED to urge President Tshisekedi to take urgent steps towards improving the press freedom and safety of journalists situation in the DRC. We appeal to the President to respect his commitment to making the media a « Fourth Estate of the Realm » as indicated during his inauguration in January 2019 by prioritising the safety of journalists’ situation and issue of impunity in the country.

In addition to the above, we call upon the Congolese government to consider the following recommendations:

–        Decriminalise press offences to enable journalists carry out their mandate   freely and without fear

–        Investigate and punish perpetrators of freedom of expression violations against journalists, human rights defenders, bloggers and individuals

–        Grant power to an independent media regulator to promote media professionalism and sanction press offenses.

–        Raise awareness among security forces and judicial actors about the rights and duties of journalists and their duty to uphold such rights;

–        Ensure that security agents protect journalists and refrain from perpetrating violence and other forms of abuses against them;

–        Establish a multi-stakeholder national mechanism on the safety of journalists;

–        End impunity for crimes against journalists by reopening investigations into the killing of journalists during the former regime and ensure that the perpetrators are identified and punished accordingly.

Kindly click here to access the full report on the Safety of Journalists and the Issue of Impunity for Crimes against Journalists in DRC – January 2017 – May 2019

This report was produced with support from the African Freedom of Expression Exchange (AFEX) as part of the its campaign to promote safety of journalists and combat impunity in Africa.  Similar reports will be produced and publicised by AFEX and its member organisations in eight other African countries including Cameroon, Nigeria, Uganda and Tanzania.

AFEX Joins its Member, MISA Tanzania to Demand Immediate and Unconditional Release of Tanzanian Investigative Journalist

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The African freedom of Expression Exchange (AFEX) joins its member, the Media Institute of Southern Africa (MISA) Tanzania Chapter to demand the immediate and unconditional release of investigative journalist, Erick Kabendera who was reportedly arrested by the Tanzanian police on July 29, 2019.

 According to MISA Tanzania, Kabendera is currently being detained by the Tanzanian Police at the Central Police Station in Dar es Salaam. The motive behind the journalist’s arrest was unclear until police confirmed that the journalist was in their custody over suspicion of his citizenship.  The Commander of Dar es Salaam Special Zone, ACP Lazaro Mambosasa at a press conference on Tuesday (July 30, 2019), indicated the police is interrogating Kabendera to verify his citizenship status.

The question about the Kabendera’s citizenship came up in 2013 during which government investigations concluded that there was no question about his citizenship. It is therefore quite surprising to hear that the police have arrested him over an issue in which Kabendera was cleared by the country’s ministry of home affairs three years ago.

AFEX expresses concern over the arrest of the journalist as such acts of harassment can result in intimidation of the investigative journalist and other journalists reporting on critical issues of national interest in the country.

The recent past has witnessed a growing fear and concerns over press freedom which has resulted in an increased self-censorship among media practitioners in the country. As a result of this, journalists cannot perform their candid role of informing the public and keeping the power in check which is very dangerous for every democracy.

We support MISA Tanzania’s call urging state organs to adhere to human rights standards and ensure that Kabendera, who has received several media awards is treated with respect and that all procedures leading to his release are followed as per the laws of the land.

AFEX therefore calls on the police to immediately release Kabendera and allow him continue his journalistic work. Such acts of intimidation are dangerous especially at a time when there have been increased reports of repression of rights of journalists and critics in Tanzania.

AFEX Demands Accountability for 2004 Killing of Deyda Hydara, Calls for Prosecution of Ex-President Jammeh of Gambia

ACCRA, GHANA, Wednesday, July 24, 2019:  The African Freedom of Expression Exchange (AFEX), a regional network of freedom of expression organizations, has called on African and world leaders to take immediate steps to bring former Gambian dictator Yahya Jammeh to justice for the 2004 killing of Mr. Deyda Hydara, a prominent Gambian journalist and editor.

AFEX made the call following the testimony of Lieutenant Malick Jatta before the Truth, Reconciliation and Reparations Commission (TRRC) at a public hearing in Banjul on July 22, 2019, during which he gave a detailed account of how Mr. Hydara was murdered and revealed that he and two other military officers, Alieu Jeng and Sana Manjang, were part of the hit squad that shot and killed Mr. Hydara on December 16, 2004 on the orders of then President Jammeh.

Mr. Hydara, a former President of the Gambia Press Union (GPU), was co-founder and editor of The Point, an independent newspaper.

Lt. Jatta told the Commission that the journalist was murdered on the direct orders of President Jammeh in what was dubbed “Operation Magic Pen”.  He said the late Captain Tumbul Tamba, who commanded the hit squad, was communicating with then President Jammeh on the phone during the operation, and was heard saying to him “Yes Sir, Your Excellency”.  Lt. Jatta added that the commanding officer later gave him an envelope containing dollars, which he said was a “sign of appreciation from the big man”.

This is the first time that there has been any direct information on the circumstances leading to the death of Mr. Hydara in the 15 years since the mysterious killing of the prominent Gambian journalist in 2004.

AFEX called on regional leaders within the Economic Community of West African States (ECOWAS) and the African Union (AU) to work with relevant United Nations bodies and mechanisms to launch an independent international investigation into the killing of Mr. Hydara to identify all those involved in the heinous crimes and the roles that each of them played and ensure that they are brought to justice.

Mr. Edetaen Ojo, Chair of the Steering Committee of AFEX, said: In the light of ongoing efforts at the regional and international levels to promote the safety of journalists and combat impunity for those who attack them, any failure on the part of regional and world leaders to take decisive action to ensure accountability for the murder of Deyda Hydara would make a mockery of those efforts and embolden those who attack and kill journalists simply for performing their professional duties on behalf of the society.

AFEX called on the government of The Gambia to refrain from granting any amnesty or immunity to any of those implicated in the killing of Mr. Hydara, including former President Jammeh.

It also called on regional and international bodies, particularly ECOWAS and the AU, to put pressure on the government of Equatorial Guinea to immediately extradite former President Jammeh to The Gambia as a first step in bringing him to justice.   

AFEX solicited the support of the global media and freedom of expression communities, urging them to join it in waging a sustained campaign for an end to impunity for crimes against journalists, using as linchpin the Deyda Hydara case and the recent incident concerning Mr. Jamal Khashoggi, a Saudi columnist for The Washington Post newspaper in the United States, and Editor-in-Chief of Al-Arab News Channel, who was assassinated at the Saudi consulate in Istanbul, Turkey, on October 2, 2018 by agents of the Saudi government.

For more information about this statement or AFEX, please contact Felicia Anthonio, AFEX Coordinator,  info{@}africafex.org, or visit the AFEX website at www.africafex.org.

Follow us on Twitter: @AFEXafrica for more updates.

AFEX Deplores Sentencing of Journalist in Somaliland, Demands His Immediate Release

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The African Freedom of Expression Exchange (AFEX) deplores the sentencing of journalist and social media activist, Abdimalik Muse Oldon by a court in Somalia’s self-declared state, Somaliland. The Marodi Jeh court based in Hargesia, Somaliland capital on July 8, 2019 handed down a three and a half years in prison to the journalist for defamation.

Lawyers for the journalist have slammed the verdict as an “injustice” and indicated that they will put in an appeal.

“Today is another black day for the freedom of the expression in Somaliland. Journalist Oldon has been sentenced to three and half years despite there is no single plaintiff in the case,” defending lawyer Jamal Hussein Ahmed said. “We shall of course react and appeal against this injustice.”

Local rights groups have condemned the judgement as unfair, adding that it is ‘ astate-organized campaign to influence the judges at the court against Journalist Oldon ” a local press freedom organization said in a statement issued on July 8, 2019.  

Oldon was arrested on April 17, 2019 following reports and comments he made on social media which were deemed to be critical of the government. 

This is the second time the journalist has been sentenced on defamation charges within the past two years. On April 8, 2017, a presiding judge, Ahmed Dalmar Ismail, found Oldon guilty of breaching articles 212 and 328 of penal code and sentenced him to two years in prison. He was accused of making comments against Somaliland president. Oldon was subsequently released in 2018 following a presidential pardon. He was however rearrested in April 2019 for his continued critical reporting about the Somaliland government.

AFEX vehemently condemn the jail sentence against Oldon. The sentence is a blatant abuse of power by authorities in the country. The constitution of Somaliland guarantees the fundamental right to expression and the government, just like any state has a responsibility to ensure that journalists and citizens exercise this fundamental right without interference or restrictions from any quarters. Government officials occupy public offices and they must therefore be receptive to more criticism.

The sentencing of the journalist also infringes on the landmark ruling by the African Court of Human and People’s Rights which overrules the imprisonment of journalists over defamation charges. AFEX therefore finds the conviction of Abdimalik Muse Oldon as a disproportionate interference in his fundamental right to free speech which is engraved in national and international frameworks.

We therefore call on the authorities to review the jail sentence and release the journalist to enable him continue his journalistic duties.

Boost to Freedom of Expression Rights in Africa as Progressive Laws, Court Rulings Define First Quarter of 2019

The African Freedom of Expression Exchange’s (AFEX) monitoring of the Freedom of Expression (FOE) Situation in Africa during January-March 2019 recorded some positive developments including the adoption of progressive laws and court rulings upholding press freedom in some of the countries monitored.

The Liberian government on February 28, 2019 signed into law a bill to amend sections of the country’s constitution which penalised a range of speech offences including defamation and libel.

Similarly, the Ghana’s Parliament on March 26, 2019 finally passed into law the Right to Information Bill which had been before the House for ten years. The RTI law is expected to promote public’s access to information and the fight against corruption in the country.

In Tanzania, the East African Court of Justice (EACJ) on March 28, 2019 ruled that sections of country’s ‘s Media Services Act (2016) violates press freedom and freedom of expression rights of the Tanzanian people. The Court therefore urged the Tanzanian government to repeal all the repressive sections.

In another landmark ruling, this time in favour of Internet rights,  a High Court in Zimbabwe upheld a lawsuit filed by some local rights groups by ordered the government to restore the Internet. . The Court on January 21, 2019 ruled that the Minister for National Security, Owen Ncube had acted illegally by ordering the Internet Service Providers (ISPs) in the country to shut down the Internet during anti-government protests.

Aside the above, some redress actions were also recorded during the monitoring period.  Nigeria’s President, Muhammadu Buhari ordered the military to release Uthman Abubakar, the regional editor of the Daily Trust Newspaper who was arrested together with two other reporters. Similarly, Sudanese authorities also released journalist, Osman Mirghani on March 29, 2019 who was arrested on February 22, 2019 and detained without any charges. Mirghani’s arrest followed an interview he had granted about the anti-government protests in Sudan. 

The following day in a separate incident, Congolese authorities on March 30, 2019 released Steeve Mwanyo Iwewe who was sentenced to a year in prison and later to six months after appeal. Mwanyo was jailed for “insulting” a governor.

AFEX commends the various governments for taking steps to promote freedom of expression and access to information rights of journalists and citizens on the African continent. We urge more governments to fully engage in advancing these rights by adopting  progressive measures. We also urge the courts and judiciary in the various countries to actively engage in upholding press freedom at all times.   

A total of 77 violations were recorded in 21 countries with security agents being responsible for 40 of the said violations. Nigeria also recorded the highest number of violations (15).

Kindly click here to access the FOE Situation in Africa Report – January – March 2019 by AFEX. 

 

Needless Network Disruptions: A Continuing Menace to Online Rights in Africa

In what constitutes a serious violation of the digital rights of their citizens, governments in Africa are increasingly disrupting the Internet and social media platforms with impunity. Within a space of two weeks, June 3-19, 2019 the governments of five African countries have shut down the Internet or social media platforms for various frivolous reasons.

Demonstrations and Internet Shutdowns

Over the years, several governments on the continent have sought to quell sporadic unrests by shutting down or disrupting the Internet and social media platforms under the pretext of protecting ‘national security’ and ‘public order.’ Despite the proven dire implications of such shutdowns on the social, economic and human rights of citizens, it remains a favourite tool of repression by an increasing number of African governments[1] that appear to have an incurable obsession with the measure. Countries like Cameroon, Chad, Ethiopia, Sudan, the Democratic Republic of Congo, Togo and most recently Liberia, among others, have all disrupted the Internet in an attempt to suppress public protests.   

The military junta in Sudan which took over office after the ousting of long serving President Omar Al-Bashir, on June 3, 2019 ordered a complete Internet shutdown in the country amidst violent crackdown on protesters. The decision of the military junta to shut down the Internet is an attempt to cover up the atrocities committed against the people of Sudan from the rest of the world. On June 10, 2019 the TMC admitted it had shut down the Internet in Sudan, adding that “the Internet will not return soon because it threatens national security.”

Already, the media has reported that, officials of the country’s paramilitary, Rapid Support Forces (RSF) have been accused of killing 100  individuals with as many as 700 reportedly injured during the June 3 crackdown on protesters. 

Protesters gather on the Capitol Hill during “Save the State” protest in Monrovia

While the people of Sudan continue to wallow in complete digital darkness, the authorities in Liberia also made it to the list of African governments that have resorted to  Internet shutdowns and network disruptions in an attempt to quell anti-government protests. On June 7, 2019 the Weah-led administration ordered Internet Service Providers (ISPs) in the country to shut down social media platforms a massive demonstration rocked the capital. . However, the futility of this measure was clear when thousands of Liberians turned out on the Capitol Hill, the seat of government, to participate in the protest dubbed “Save the State.” The protesters were demonstrating against alleged government misuse of national funds and what they described as “creeping dictatorship in their country.”

Examination Malpractices and Internet Shutdowns

Governments in Africa continue to come up with a myriad of reasons to shut down the Internet or social media platforms. Increasingly, examination malpractices have been cited as a justifiable reason by a number of governments as the pretext for interfering with the Internet rights of their citizens. to shut down the Internet on the continent.

Ethiopia’s government on June 11, 2019 cut off the Internet and SMS services. Although the government did not give any explanation for the shutdown, it was reported by local media that the shutdown was linked to ongoing examinations in the country. The Internet was restored on June 14, 2019 after four days of public condemnation.

The use of Internet shutdowns or social media blackout to supposedly curb examination malpractices was first heard of in Ethiopia in 2016 when the government shut down the Internet to ostensibly to prevent circulation of leaked exam questions. Specifically,  on July 11, 2016, the government blocked access to the Internet and social media platforms. The government said the disruption to ‘help students concentrate’ on key university entrance exams scheduled to be taken on July 13. The Internet was restored a day after while social media platforms like Facebook, Twitter, Instagram, Viber and WhatsApp remained blocked till after the exams on July 13.

Again, the government of Mauritania on June 10, 2019 disrupted the Internet ten hours daily for four consecutive days during the country’s national exams. The Minister of National Education who confirmed the shutdown indicated it was a measure by the government to “monitor the examinations.”

The shutdown followed a similar one on May 27, 2019 when the government shut down the Internet for four days over reasons of examination malpractice. This measure of completely shutting down Internet by the government was first adopted during the 2018 examinations.

As if to replicate what happened in Ethiopia and Mauritania, Somaliland, has become  the latest country to block the Internet and social media during exams. The authorities in the break-away Republic  on June 19, 2019 disconnected access to social media platforms such as Facebook, Twitter, Instagram and Viber. The Minister of Telecommunications and Technology, Abdiweli Sheikh Ibrahim said the disruption is a “temporary measure which will run for hours when the students are sitting for the exam papers.”

The move which was announced by the government of Somali’s self-declared state ahead of high school exams aimed at “preventing exam irregularities, the spread of fake papers and false rumours” local media halbeeg.com reported on Tuesday.

ISPs and Internet Shutdowns

The African Freedom of Expression Exchange (AFEX) has monitored with dismay how Internet Service Providers (ISPs) easily kowtow to government orders, often without any legal basis, to shut down the Internet.. In the above mentioned incidents, the governments in the respective countries sent direct orders to Internet Service Providers (ISPs) to switch off Internet connection or disrupt social media networks. Sadly, all the ISPs in the respective countries complied with the governments’ orders without insisting on due process. . As a result, they have become complicit in the flagrant violation of the rights of their clients.

While AFEX recognizes that ISPs are careful to avoid any conflict with the political administrations in the various countries, we will like to remind them of their duty to prioritise the protection of the rights of their clientele.

AFEX therefore urges ISPs working on the continent to resist illegal shutdown orders and, when necessary, seek judicial intervention.

Conclusion

The disruption of the Internet by African governments contravenes national laws as well as international frameworks which guarantee the freedom of expression and access to information rights of citizens. AFEX will also like to reiterate that Internet shutdowns and social media blackouts have a far-reaching effect on the social, economic, political life and livelihood of millions of people. African governments must therefore desist from disrupting the Internet and social media platforms.

[1] Don’t Hit the Switch: Making the Case Against Network Disruption in Africa