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Arrests/Detentions, Physical Attacks Threaten FOE Rights in West Africa

Felicia Anthonio
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This statement was originally published on mfwa.org on January 30, 2017.

Arrests and detentions as well as physical attacks on journalists and media houses were the key feature of the MFWA’s freedom of expression rights monitoring reports for the fourth quarter of 2016.

The quarter covering October-December 2016 recorded fourteen cases of FOE rights violations in Benin, The Gambia, Guinea, Mauritania and Nigeria. The Gambia topped the list with seven violations while Nigeria came a distant second with three incidents while Guinea recorded two cases.

A total of 14 violations were recorded, six of which were arrests and detentions with two being physical attacks. The incidents of arrests and detentions also affected seven journalists.

“Arrests and detentions have an immediate deterrent effect in the sense that they instantly deprive the victims of their freedom to carry out their work, while physical attacks have the potential to cause long-term or even permanent incapacitation. The dominance of these two types of violations, is, therefore, quite alarming,” said Dora B. Mawutor, Programme Manager for Freedom of Expression Rights at the MFWA.

Another disturbing trend is the lead role of security agents in the violations. Security forces accounted for six (42%) of the violations.

During the preceding quarter (July-September, 2016), security agents perpetrated a massive 80% of the violations. This is a disturbing trend in which the state’s law enforcement agents have themselves become the leading violators of the law as far as respect for freedom of expression rights is concerned.

On a positive note, the number of countries (five out of 16 in West Africa) that recorded violations is the least since the Monitor was introduced in 2014.

While the decline in the number of incidents and the countries involved is a welcome development, the lack of political will to root out these violations or provide remedy when they occur is a major challenge. Attacks on journalists are often not treated as a crime, and the victims almost always go uncompensated. Where journalists are arbitrarily detained, their release from custody is often the only “reparation” they ever get. This situation must be addressed by all stakeholders, especially governments, given the dominant role of state actors in the violations contained in this report.

Read the full report here.

Somalia: Seven Journalists Wounded in Terrorist Attack

Felicia Anthonio
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Somalia: Seven Journalists Wounded in Terrorist Attack

This statement was originally published on nusoj.0rg on January 25, 2017.

The National Union of Somali Journalists (NUSOJ) on Wednesday expressed shock and disgust at terrorist attack in Mogadishu in which a hotel in the city center was targeted by two detonated explosive-laden cars and several innocent people were killed while many more were wounded.

In this terror attack, seven journalists who came to cover the attack was wounded. Among wounded journalists who were admitted to Madina hospital are: Abdulkadir Abdullahi Ga’al (HornCable TV), Farah Abdi Warsame (AP news agency), Abdulkadir Abdullahi (Radio Kulmiye), Yusuf Jama Abdullahi (Aljazeera TV) and Mohamed Abdiwahab (AFP news agency). Journalists were wounded by second car which exploded some 15 minutes after first suicide bomber.

“We condemn the continued vile attacks against civilians. Given that the journalists were wounded by the explosion of the second car, today’s attack was also designed to hurt journalists who came to the sight to do their job,” said Omar Faruk Osman, NUSOJ Secretary General.

NUSOJ says journalists have suffered a heavy toll in such terror and indiscriminate attacks on civilian people, and called on journalists to make extra precaution for their safety in such bloody and cruel attacks. “We wish wounded journalists a speedy recovery from their injuries” added Osman.

Halt Harassment of Premium Times Newspaper, IPC Calls for Stakeholders’ Dialogue on Media Freedom

Felicia Anthonio
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Halt Harassment of Premium Times Newspaper, IPC Calls for Stakeholders’ Dialogue on Media Freedom

This statement was originally published on Ipcng.org on January 20, 2017.

The International Press Centre (IPC), Lagos-Nigeria has described the invasion of the premises of Premium Times in Abuja and the subsequent arrest of its Publisher, Dapo Olorunyomi and the judiciary correspondent, Evelyn Okakwu by armed police men on the night of January 19, 2017, as an unacceptable assault on freedom of the Press.

Director of IPC, Mr. Lanre Arogundade said in a statement today (January 20, 2017), that the attack on Premium Times as well as the harassment of other journalistsin recent times are completely antithetical to democratic values and norms at the core of which are the rights to free speech and media freedom.

“Any government that makes the Press its enemy, will invariably turn to be the enemy of the people as was recently the case in The Gambia where Yaya Jammeh was rejected by the people due to his constant attacks on the Press among other human rights violations”, the IPC Director warned.

According to the IPC Director, the Police should not allow itself to be used to settle scores by vested interests, in this case the Army authorities,which have already made public its disagreement with Premium Times over certain publications by the media outlet pertaining to the office of the Chief of Army Staff.

“The Police should however make public its reasons for the raid of Premium Times and the arrest of Olorunyomi and Okakwu if they believe that it is not connected with the dispute with the Army authorities”, he said further.

Mr. Arogundade advised the Army authorities to seek legal redress or make use of the instrumentality of the media regulatory agencies, should they be convinced that there had been professional misconduct on the part of Premium Times and its editors.

The IPC Director, said however that the organization welcomes the fact that the Police authorities promptly released the arrested Publisher and Reporter following public outcry.

The IPC Director, also said that recent developments have made it imperative to have a national stakeholders’ dialogue involving media institutions, the security and law enforcement agencies, the media regulatory agencies etc, to discuss measures for safeguarding press freedom and the sustenance of democratic values.

AFEX Urges Cameroon Government to Protect Freedom of Expression amidst Protests

Felicia Anthonio
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AFEX Urges Cameroon Government to Protect Freedom of Expression amidst Protests

The African Freedom of Expression Exchange (AFEX) is concerned about the deteriorating freedom of expression and press freedom situation in Cameroon amidst ongoing protests in the two English-speaking regions of the country.

Since November 2016 there have been series of protests and strike actions in the English-speaking North-west and South-west regions stemming from the government’s decision to introduce the use of French language in courts and in schools of the two regions.

Cameroon is made up of ten regions, eight of which are predominantly Francophone regions whilst two are Anglophone.

In the government’s attempt to bring calm to Bamenda and other parts of Cameroon, there have been reports of freedom of expression and human rights violations between November 2016 and January 2017.

There have been reported incidents of mass arrests in North-west Cameroon since the protests begun in November 2016. According to media reports at least 100 people were arrested on November 23, 2016 – two days after the protests begun on November 21. There have also been reports of the use of excessive force to disperse protesters, media censorship threats including closure of radio stations and internet shutdown in the two regions.

Local media reported that in an attempt to disperse protesters on December 8, 2016 Cameroon’s security forces fired live bullets and teargas which resulted in the death of four people leaving several others injured.

According to media reports, on January 11, 2017, police stormed the premises of Radio Hot Cocoa and ordered the suspension of all activities of the station until further notice. The station was accused by the governor of the region, Adolphe Lele Lafrique of inciting tensions among Anglophone residents in a call-in radio discussion about the ongoing teachers’ strike in the region. Teachers and lawyers have been on strike for the past three months in protest of the imposition of French language in educational and judicial institutions in the two regions.

In a similar development, the Divisional Officer of Jakiri, Mr Ngembane Daniel Ekole, on January 12, 2017 ordered the closure of Jakiri Community Radio station, following the broadcast of a message by a Member of Parliament (MP), Joseph Wirba. The MP’s message called on the people to mobilise at the Kumbo Square, headquarters of Bui Division to discuss the crisis in the affected regions. The station was however reopened the following day (January 13).

Aside the violations mentioned above, there have been reports of internet disruptions since January 17, 2017 in North-western and South-western regions, according to AFEX sources in Cameroon. At the time of writing this statement, internet connection was still unavailable in these regions.

The reports of internet blockage came shortly after the Minister of Territorial Administration and Decentralisation, Mr. Rene Emmanuel Sadi declared the activities of the Southern Cameroons National Council (SCNC) and the Cameroon Anglophone Civil Society Consortium (CACSC) illegal.

Meanwhile, two leaders of the Consortium, Dr. Nkongho Felix Agbor-Balla and Dr. Fontem A. Neba were also arrested on the same day (January 17, 2017) and are currently still being detained. There have also been reports of mass arrests following the ban on the consortium and its activities.

The right to freedom of expression and of the press is enshrined in the 1996 Constitution of Cameroon. The constitution also guarantees the freedom to peaceful protests. In addition, the preamble of Cameroon’s National Constitution explicitly commits Cameroon to respect regional and international frameworks which provide for the enjoyment of freedom of expression and human rights. The constitution specifically mentions the African Charter on Human and People’s Rights, the Universal Declaration of Human Rights and the United Nations Charter all of which guarantee the right to freedom of expression and access to information.

Violating the rights of citizens in the process is therefore unacceptable and contrary to the provisions of the constitution of Cameroon as well as other regional and international instruments mentioned herein. It is therefore imperative for the government of Cameroon to take urgent steps to remedy the situation and demonstrate its commitment to these regional and international frameworks by observing them fully in practice.

The African Freedom of Expression Exchange urges the government and the aggrieved citizens to resort to dialogue in resolving this issue to ensure that human rights are respected and upheld in Cameroon.

The Gambia: Licenses of Four Radio Stations Revoked

Felicia Anthonio
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This statement was originally published on mfwa.org on January 10, 2017.

The Ministry of Information and Communication Infrastructure of The Gambia has revoked the licenses of Hilltop Radio, Afri Radio, Taranga FM and Paradise FM.

 In a letter addressed to the four radio stations, Saul Njie who signed the letter on behalf of the Permanent Secretary of the Ministry, said, “I am directed to inform you that your license to operate has been revoked with immediate effect. Thank you for your cooperation.” There was no reason assigned for the revocation of the license of the radio stations neither was there a clear indication as to who had directed him to revoke the licenses of the target stations.

The revocation of the licenses of the four radio stations implies that the stations have been forced to close down until their licenses are reinstated. 

The revocation of the licenses of the radio stations comes days after they were ordered to cease broadcasting. Hilltop Radio, Afri Radio, and Taranga FM were ordered by the National Intelligence Agency (NIA) to stop broadcasting on January 1, 2017. Afri Radio was however allowed on air on January 3, 2017 on condition that the station will play only music.

In the case of Paradise FM it was ordered by persons claiming to be from the Ministry of Communication to cease broadcasting on January 8.

While there have been no official communication on the reasons for the order to cease broadcasting and subsequent revocation of the licenses of the radio stations on January 9, many believe it is as a result of the radio stations’ coverage of activities of President-Elect Adama Barrow and his impending inauguration scheduled for January 19, 2017.

 The MFWA condemns the revocation of the licenses of the media organisations. In the wake of a political crisis in The Gambia after President Yahya Jammeh refused to accept the outcome of the December 1, 2016 elections in which he lost to Adama Barrow, vibrant media have become extra necessary to keep the public informed about happenings in the country. We therefore urge the authorities in The Gambia to ensure that freedom of expression, press freedom and access to information are respected in the country.

 

Nigeria: Police Arrest Publisher of Online News Portal for Alleged Defamation

Felicia Anthonio
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This statement was originally published on mfwa.org on January 14, 2014.

Nigerian police have arrested Desmond Utomwen, publisher of FreshNews, an online journal, following a defamation complaint by a custom official. The police also seized files and equipment from his office.

The MFWA’s correspondent in Nigeria reports that at 11.34 am on January 13, 2017, police officers led by Anthony Enobakhare and Abubakar Iweafeno, showed a warrant of arrest and proceeded to search the publisher’s office before arresting him.

The officers confiscated Utomwen’s laptop, mobile phone, file and other official documents before taking him away to the Force Criminal Investigation and Intelligence Department, FCIID in Area 10, Garki, Abuja, for questioning.

Utomwen, who was denied access to his lawyer, was eventually released on bail later that day following the intervention of Nigerian Union of Journalists (NUJ) and the Centre against Brutality and for the Safety of Journalists in Africa (CABSOJA).

The arrest followed a petition by the legal counsel to Umar Faruk, a senior officer of the Nigerian Customs Service who alleged that publisher had defamed him. The defamation case goes back to August 2016 when FreshNews contacted Faruk for his reaction to some information it had obtained about him which could ruin his reputation. Observing the ethics of journalism, FreshNEWS decided not to publish the story until it has received Faruk’s response.

Our correspondent says the operation was apparently aimed at destroying or seizing all documents related to the allegations about Faruk.

It is clearly unacceptable for a publisher to be arrested and for his media house to be ransacked simply for possessing and not necessarily publishing information about a public figure. The MFWA calls on the Nigerian police to ensure that all the equipment and documents seized from Utomwen are returned to him.

The Gambia: Seven Foreign Journalists Expelled

Felicia Anthonio
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This statement was originally published on mfwa.org on January 17, 2017.

Seven journalists who had gone to The Gambia to cover the upcoming inauguration of President-elect Adama Barrow, were on January 16, 2017 prevented from entering the country.

The MFWA’s sources say upon arriving at the Banjul International Airport, security officers briefly detained the journalists at the airport and later deported them to neighbouring Senegal.

According to the sources, four of the journalists were from the regional bureau of CCTV in Kenya, one photojournalist from AFP and two journalists on assignment for  Swedish Blankspot.

The expulsion of the seven journalists brings to nine the number of foreign journalists deported from the country. On December 12, 2016, two journalists with Al Jazeera were prevented from covering post-election activities in The Gambia and were detained overnight and subsequently deported to Senegal.

The MFWA condemns the detention and subsequent deportation of the journalists. The current developments in The Gambia require a vibrant media to keep the citizens and the international community informed. The nation is facing a political crisis following President Yahya Jammeh’s refusal to accept the December 1, 2016 elections result after losing to Adama Barrow. In a bid to prevent the media from covering post-election activities and the impending inauguration of President-elect Barrow, the outgoing regime has resorted to a severe crackdown on the media, civil society activists and citizens in which there have been arrests, detentions and shutdown of radio stations in the country. The MFWA urges the Gambian government led by out-going President Yahya Jammeh to respect freedom of expression and press freedom and allow both the local and international media to do their work without any interference.

MISA Malawi Questions Shutdown of Times Group over Tax Default

Felicia Anthonio
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MISA-Malawi is disturbed by news of the closure this morning of Blantyre Printing and Publishing Company (Times Group) offices by the Malawi Revenue Authority (MRA) over unpaid taxes.

While MISA Malawi does not condone default on taxes, we strongly believe that the closure of Times Group is ill-timed and can easily be construed as an attempt by government to stop the media house from further publication of the ‘maize gate’ investigation specifically, and to silence critical voices generally. The issue of unpaid taxes could have been resolved through mutual business negotiations.

The closure of Times Group comes less than a week after the Agricultural Development and Marketing Corporation (ADMARC) sought an injunction restraining the media outlet from publishing stories on the ‘maize gate.’

The move by MRA (see MRA statement) will deny Malawians access to relevant information and is likely to tarnish the image of the Peter Mutharika administration. The move is also likely to affect the operations of Times Radio and Times Television, in addition to those of Times newspapers.

MISA Malawi believes that the best approach would have been to engage the management of the Times Group and resolve the matter in an amicable manner. We therefore appeal to the MRA and President Mutharika to re-open Times Group offices and allow for a progressive means of resolving the tax matter.

Such a move will help to clear the impression that government has started taking systematic steps to suffocate the media, thereby strangling our young democracy in the process.

Niger: Shirking Accountability – Municipal Authorities Ban Protest March against Maladministration

Felicia Anthonio
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This statement was originally published on mfwa.org on January 14, 2017.

The municipal authorities in Niamey have prohibited a demonstration planned by civil society in Niger to demand better public service delivery.

According to the MFWA correspondent, a coalition of civil society organisations in the Nigerien capital scheduled a march on January 13, 2017. The protest march was to be climaxed with a rally to denounce inefficient governance of the city. However, the mayor, Assane Seydou formally notified the organisers on January 12 that the protest is prohibited.

Following the prohibition order, the organisers appealed the decision at the Niamey Tribunal. But to their disappointment, the court ruled in favour of the city authorities, citing “security reasons.”

Meanwhile, Article 23 of Niger’s constitution says “the State recognizes and guarantees the freedom of movement, the freedoms of association, assembly, procession and manifestation within the conditions defined by the law.

“Of course one of the conditions defined by law is manifest threat to public peace or national security. In the present instance, the defendants did not adduce any compelling evidence of real or even remote threat to public peace,” our correspondent reported.

The MFWA appeals to the authorities in Niamey to respect citizens’ right to publicly express their views about the administration of their city, including through demonstrations. As representatives and servants of the people, the municipal authorities should not shy away from demands for accountability and efficient public service delivery.

Nigeria: Journalists Barred from Abuja High Court

Felicia Anthonio
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This statement was originally published on mfwa.org on January 12, 2017.

Journalists who went to the Federal High Court in Abuja to cover a case in which Nnamdi Kanu, leader of the pro-separatist group, Indigenous People of Biafra, (IPOB) is being tried for treason, found themselves initially barred from entering the courtroom.

Security officers told reporters who had been assigned to cover the hearing on January 10, 2017, that the presiding judge, Justice Binta Nyako, has ordered that journalists be barred from the courtroom. They claimed the judge had decided that prosecution witnesses would be shielded, hence the ban on reporters, except those with Federal High Court tags.

According to reports, confusion broke out when security officers attempted to enforce the ban. The journalists protested that they were not given prior notice. Others complained that their application for badges have not been processed after three years.

The protests reportedly created some confusion, forcing the court authorities to back down. However, the reporters were in for another unpleasant surprise, as they were forced to follow proceedings from behind a screen.

The MFWA calls on the judicial authorities in Nigeria to communicate to the media and in a timely manner procedures and conditions for covering cases to avoid squabbles between the media and the authorities at the courts. We also call on the authorities to fast-track the issuance of badges to journalists who have applied for them to enable them access the courts for coverage of cases.

AFEX Condemns Government Directive to Shut Down Social Media Platforms in DRC

Felicia Anthonio
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The African Freedom of Expression Exchange (AFEX) deplores the move by the Government of the Democratic Republic of Congo (DRC) to shut down all social media platforms on December 18, 2016.

In a statement signed by Mr. Oscar Manikunda Musata, Director General of DRC’s regulator, Autorité de Régulation de la Poste et des Télécommunications (ARPTC), on December 14, 2016, the government ordered telecommunication service providers to disconnect Internet for communications via social media platforms.

The statement specifically mentions content producing and information sharing platforms including Facebook, WhatsApp, Instagram, Google+, LinkedIn, Skype, YouTube, Pinterest, among others.  The directive takes effect on the evening of December 18, a day before the official end of President Kabila’s tenure of office.

According to media report, the directive to shut down social media platforms is a mechanism to halt potential protests against President Joseph Kabila whose presidential term comes to an end on December 19, 2016.

There have been series of protests in DRC following the announcement by the Independent National Electoral Commission (CENI) that elections scheduled for December 2016 would be held in July 2017 due to lack of funds. Critics have however described the decision of the electoral body as an attempt to extend President Kabila’s tenure.

Disconnection of social media platforms or internet connectivity in totality has become a common mechanism adopted by some African governments to stifle freedom of expression and access to information online. Several countries including Uganda, Chad, The Republic of the Congo, Zimbabwe, Ethiopia and The Gambia have shut down social media platforms during important national events such as elections or protests.

The directive to shut down social media platforms contravenes provisions of the African Declaration on Internet Rights Freedoms as noted at the 59th Ordinary Session of the African Commission on Human and People’s rights held in Banjul in October 2016. The African Declaration elaborates on the principles which are necessary to uphold human and people’s rights on the Internet. Similarly, the decision to shut down social media platforms in DRC breaches UN Resolution on “the protection, promotion and enjoyment of human rights on the internet”. The Resolution (A/HRC/32/L.20) condemns deliberate “measures to intentionally prevent or disrupt access to information or dissemination of information online”.

Social media platforms have been identified in modern times as one of the fastest and effective channels of communication. AFEX appeals to the authorities in DRC to rescind their decision regarding the shut down as this will disconnect the Congolese people from being informed about important developments that affect them directly.

 

West Africa: Attacks by Security Personnel, Impunity for Crimes Remain Top Challenges to Free Expression Rights

Felicia Anthonio
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West Africa: Attacks by Security Personnel, Impunity for Crimes Remain Top Challenges to Free Expression Rights

This statement was originally published by mfwa.org on December 8, 2016.

Constant acts of physical attacks, and arbitrary arrests and detentions of journalists and other rights activists in West Africa by state security forces, continue to chip away the modest but steady gains in the Freedom of Expression (FOE) environment in the region.

Latest analysis of the freedom of expression situation in West Africa by the Media Foundation for West Africa (MFWA) for the third quarter of the year (July-September, 2016) reveals a decline in the number of violations from 45 during the same period in 2015 to 25 this year.

The decline in the incidents of free expression violations is a positive development that gives reason for hope and lends credence to the impact of work by free expression advocacy organisations working in the region. The positive development is, however, negated by continued intolerance on the part of state security officials towards press freedom and citizens’ right to freely express themselves.

In the latest report for example, state security officials were the perpetrators of 80% (20 out of the 25) of the violations predominantly in the form of physical attacks, and arbitrary arrests and detentions. During the period, the police in Mali shot and killed a demonstrator. Similarly, the police in Sierra Leone also killed a demonstrator. In both instances, the police opted to use live ammunition to dispel peaceful demonstrators resulting in the casualties.

Another major challenge to freedom of expression in the region apart from the continued abuses by security forces is an unending phenomenon of impunity for crimes against journalists and other free expression activists. Crimes committed against journalists and other free expression activists almost always go unpunished, a phenomenon that tends to embolden perpetrators and potential perpetrators of free expression violations.

The latest analysis is part of the MFWA’s routine quarterly FOE trends analysis focusing on the West Africa region. The analyses are published each quarter as the West Africa Free Expression Monitor. The current edition of the Monitor featuring all the incidents of violations; presentation of the incidents per country and per perpetrators; as well as a comparison of the situation with trends during the same period in 2015; and recommendation for improving the situation can be found here.

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