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Journalist Charged with abetting Terrorism for Taking Photographs of Soldiers

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Joy Doreen Bbira, a Ugandan journalist working with KTN Television in Kenya, was on the evening of November 28, 2016 charged with ‘Abeting terrorism’ after being detained at police for about 24 hours in Kasese in South Western Uganda. On conviction, ultimate sentence for such a crime is death.

She together with four family members were released on police bond and required to report back on December 8, 2016.

Bbira and the other family members were arrested by the Ugandan army from their family home in Kasese accusing them of taking photographs of the fights going on in the Rwenzururu sub-region.

Bbira was in the country to perform a cultural marriage ceremony which saw her introduce her Kenyan boyfriend to her parents. Her boyfriend was among the five arrested.

Her uncle from whose home they were arrested told Human Rights Network for Journalists-Uganda (HRNJ-Uganda) that armed men in army uniform stormed his home and arrested the journalist and four others family members. “The army stormed my home after seeing a camera flash. They demanded to know who had photographed the scene. They ordered me to bring out all the inmates at the time, lined them up, confiscated all their cellphones and drove them away to unknown destination.” Dr. Nathaniel Walemba told HRNJ-Uganda at the Kasese Central Police Station where the five were being detained.

“It is surprising that Bbira and my son who were both sleeping in the house at the time were all charged with abeting terrorism, yet even the picture found on the confiscated still camera had not been circulated or used anywhere. Am happy that they were finally released. We wait to see what happens next” Said Dr. Walemba

On November 28, 2016 army men re-appeared at doctor’s home and searched it, then went away with a still camera.

The security has since confiscated a memory card, laptop and car keys .

On November 26, 2016 a fierce fight erupted between the royal guards of the cultural institution of the Obusinga Bwa Rwenzururu in Kasese and the Ugandan police and army which has left over forty royal guards and 16 police officers dead with over 139 royal guards including the King arrested.

The social media was awash with pictures and videos of brutally murdered people in the sub-region as a result of the scuffle. The police say it is not clear who was taking and sharing such material.

“We find the charges of abetting terrorism slapped against the journalist and the four family members very ridiculous, unfounded and a shame, only intended to harass and intimidate journalists covering the developments. As a journalist, one is allowed to receive and share information, until that position is outlawed. We call upon the State to drop the charges, and in likely circumstances, ensure the safety and security of journalists covering the events in the volatile region.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala

AFEX Welcomes Reopening of Eye Radio in South Sudan

The African Freedom of Expression Exchange (AFEX) joins its member, the Association for Media Development in South Sudan (AMDISS), to welcome the reopening of Eye Radio station in South Sudan.

The radio station was shut down on the orders of the National Security on November 11, 2016 without any explanation. The local media however reported that the closure of Eye Radio was as a result of the broadcast of an audio recording in October 2016 which featured Riek Machar, former South Sudanese First Vice President.

Following mediation and calls by local and international organisations including AFEX for the authorities in South Sudan to reopen the station, Eye Radio was allowed to resume operations on November 19, 2016.

On November 18, Eye Radio announced that the station had resolved the issues surrounding its shutdown and was to resume broadcasts the following day.

AMDISS acknowledged the reopening of Eye Radio as “a step towards promoting freedom of expression and of the press.”

While AFEX also welcomes the decision of the authorities in South Sudan to reopen the radio station, it maintains that the station should not have been closed in the first place. Shutting down a radio which serves as the main source of information for the public is an affront to free speech and democracy.

We hope the reopening of Eye Radio is a not only a sign that the government is becoming responsive to public concerns but also a step towards a more tolerant attitude towards freedom of expression and of the press.

AFEX also uses this platform to urge the government to reopen other media houses in the country such as the Nation Mirror that are still shut down. The Nation Mirror newspaper has been shut down since September 14, 2016.

MISA launches African Media Barometer and 2016 Transparency Assessment Report

MISA -Zimbabwe on 18 November 2016 simultaneously launched the African Media Barometer (Zimbabwe 2015) and its 2016 Transparency Assessment Report at Dema shopping centre in Seke  during a ceremony attended by 82 people.

Findings for the African Media Barometer were delivered by Patience Zirima and Chris Musodza who were among the publication’s research panellists. Speaking to the research findings, it was noted that despite the adoption of a new constitution in 2013, the media operating environment remained unchanged.

 The panellists cited the continued existence of repressive laws such as the Access to Information and Protection of Privacy Act (AIPPA) and the Official Secrets Act (OSA).

Zirima noted  the media remained polarised along political lines characterised  by sharp divisions in the coverage of economic and political issues. This polarisation was also perpetuated by the non- independent nature of the Zimbabwe Broadcasting Cooperation (ZBC) and its partisan board. The independent press also contributed to the polarity by adopting journalistic practices that promote opposition politics.

The presenters also alluded to the fact that media pluralism had improved citing the coming on board of ZiFM and Star FM after being licenced in 2012 and effectively breaking ZBC’s age-old monopoly over the airwaves. Musodza also spoke about the new information and communication technologies as having opened new avenues for exercising freedom of expression in Zimbabwe, among other advantages.

Meanwhile, Malvern Mukudu, the principal researcher of the Transparency Assessment Report,  took time to explain the findings of the annual survey which aims at gauging the levels of transparency and the readiness of public institutions in disclosing information.

Mkudu noted that, out of the 10 institutions surveyed, the Tobacco  Industry Marketing Board was the most open and transparent institution followed by the Zimbabwe Human Rights Commission and the Grain Marketing Board, while the Ministry of Primary and Secondary Education was the most closed and least responsive in terms of information disclosure.

One of the panellists, Councillor Rubatika representing  Seke Ward 2, bemoaned the emergence of tabloids such as H-Metro saying they were fast eroding our culture by publishing inappropriate media content.  Other participants stressed the need to set up community media platforms to ensure the continued relevance of news material.

Others also expressed their scepticism over the emergence of new technologies in the absence of a regulatory framework.

Councillor Rubatika officially launched the two publications during the event jointly organised by MISA-Zimbabwe and the Chitungwiza Residents Association (CHITREST).

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AFEX Condemns Gruesome Murder of Journalist in DRC

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The African Freedom of Expression Exchange (AFEX) joins its member, Journaliste en Danger (JED), to denounce the gruesome murder of journalist Marcel Lubala Kalala in Mbuji-Mayi, capital of Kasia Oriental province, in the Democratic Republic of Congo.

JED reports that a group of armed men in military uniforms on November 15, 2016, stormed the residence of Marcel Lubala Kalala and killed him.

According to the report after the intruders overpowered all the members of his family present at the scene, they tied Marcel’s wife whiles her children looked on. As he tried to escape the assassins shot Marcel three times in the neck and the stomach. The murderers dragged Marcel’s body bathed in blood into his bedroom and left a note that read “finally, we got him!”

Marcel Lubala was reportedly summoned to the office of national intelligence, Agence Nationale des Renseignements (ANR) the eve of his assassination over a “family affair”.

In a statement issued on November 16, 2016, JED expressed shock at the assassination of the journalist in DRC and has called on the provincial and judicial authorities to investigate expeditiously into the matter.

AFEX joins JED and the media fraternity in Mbuji-Mayi province in observing today, November 17, 2016 as « Day without Press » in protest of the assassination of their colleague.

About 14 journalists have been killed in circumstances that have never been unraveled over the past 10 years in the DRC.

The gruesome murder of Marcel Lubala Kalala is a huge step backwards for freedom of expression. AFEX condemns the murder of the journalist and urges the police to investigate the matter. We also call on local, regional and international bodies to condemn this barbaric act and pressurize the government of DRC to investigate the matter and make the findings public.

Marcel Lubala Kalala until his death worked with state-owned, Radio Télévision Nationale Congolaise. He was 59 years old.

AFEX Condemns Closure of Radio Station, Urges President Salva Kiir to Intervene

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The African Freedom of Expression Exchange (AFEX) joins the Association for Media Development in South Sudan (AMDISS) to strongly condemn the arbitrary closure of Eye Radio station by the South Sudan National Security Service (NSS).

According to AMDISS, officials of the NSS on November 11, 2016, stormed the premises of Eye Radio station and ordered the radio to be shut down. No reason was given according to the management of the radio.

In a statement issued on November 13, 2016, the Chairperson of AMDISS, Mr Alfred Taban condemned the shutdown saying: “The act of closing down media houses by the national security is unacceptable and a violation of the media laws and a denial of the constitutional rights of freedom of expression and of the press”.

AFEX is deeply concerned about the recent attacks on freedom of expression in South Sudan by the security service.

On September 14, 2016, officials of the NSS shut down the Nation Mirror Newspaper without explanation. The paper is still closed despite several calls on the country’s authorities by international human rights organisations including AFEX to reopen the paper. On October 20, 2016, AFEX submitted a petition to President Salva Kiir appealing to him to intervene in reopening the Nation Mirror newspaper.

Similarly, in July 2016, agents of the NSS shut down the Juba Monitor newspaper for two days; arrested and detained the paper’s Editor, Alfred Taban for two weeks following an article he wrote which was deemed critical of the government by the South Sudanese authorities.

Aside the financial ramifications for the media organisations affected, media shutdowns deprive ordinary citizens their right to access and share information.

AFEX together with AMDISS deplores the closure of Eye Radio station and calls on the security service to re-open the radio station immediately and unconditionally and use dialogue to amicably resolve any issue that might have led to the shutdown of the radio.

AFEX is once again calling on President Salva Kiir to intervene to put a stop to the arbitrary closure of media houses in South Sudan. We call on the President to order the reopening of Eye Radio station as well as the Nation Mirror newspaper. We also appeal to the NSS to stop interfering in the work of the media and allow them to work freely.

AFEX Welcomes Conviction of Prominent Politician over Assault of Female Journalist

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The African Freedom of Expression Exchange (AFEX) and its member, the Human Rights Network for Journalists in Uganda (HRNJ-Uganda) welcome the conviction of a ruling party politician for assaulting a female journalist.

A Magistrates Court at Masaka, Central Uganda on November 11, 2016 convicted a prominent businessman and ruling party politician, Eddie Ssansa Luwaga for assaulting a Daily Monitor journalist, Shamim Jjingo Nakawooya and maliciously damaging her work tools.

According to HRNJ-Uganda, a Grade I Magistrate, Aisha Nabukeera who presided over the case sentenced Mr. Luwaga to a suspended custodial sentence of twelve months, with a UGX 500,000 (USD 150) fine. She also ordered Mr. Luwaga to pay UGX 2,000,000 (USD600) as compensation to Ms. Nakawooya much to the relief of the fully packed audience, mostly journaliss.

A suspended custodial sentence is one in which the convict does not actually serve the sentence unless he commits a similar offence within the period of probation.

 In passing her judgement, Ms. Nabukeera condemned the recent wave of attacks on journalists in Uganda.

“I have noticed with great concern that there are rampant attacks on journalists going on in this country, yet these are poor men and women who are just doing their job. So when they report and prove their cases, courts should protect them by punishing the offenders irrespective of their status, colour, sex, race, religion or tribe…” she said.

Speaking after the judgment, Ms. Nakawooya told HRNJ-Uganda that she was happy that justice had been delivered to her. “This should serve as a lesson to all those that have continued to take the law in their hands. I am happy with the judgment”

The incident dates back to October 28, 2015 when Mr. Luwaga slapped Ms. Nakawooya, smashed her Samsung cell phone, and fondled her breasts, accusing her of provoking him during an interview at the Masaka Regional Police headquarters.

The HRNJ-Uganda National Coordinator Robert Ssempala told journalists at the Masaka court that he was happy with the judgment. “This victory means a lot in our bid to pursue justice for victim journalists. There are so many other similar cases at police and in court which we are hopeful will be won in the same way. Impunity must be fought at all times. Journalists must be protected to do their work. This conviction is timely” Ssempala said.

AFEX welcomes the decision of the court as well as the determination of the journalist to pursue the case to its logical conclusion. We are confident this will serve as a deterrent to other perpetrators of attacks against journalists.

AFEX Condemns 10-year Jail Sentence of Three Civilians in Cameroon as “Travesty of Justice”

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The African Freedom of Expression Exchange (AFEX), a continental network of African free expression and media rights organisations, condemns in the strongest terms the 10-year sentence imposed on three civilians by a Military Court in Cameroon.

On November 2, 2016, the Military Court of Yaoundé convicted three young men to 10 years in prison each for “non-denunciation of terrorist acts”.

The case dates back to 2014 when Fomusoh Ivo Feh, described by human rights groups as a prisoner of conscience, forwarded a sarcastic text about the extremist group, Boko Haram to his friends, Afuh Nivelle Nfor and Azah Levis Gob.

The message joked that even Boko Haram (an armed group), wouldn’t hire high school graduates who don’t pass at least five high school subjects, according to an Amnesty International report.

There is clearly no suggestion of support or admiration for the terror group in the said message. AFEX therefore finds the trial unnecessary and the ruling excessive and ridiculous.

The three merely exercised their fundamental right to freely express themselves. Sentencing them to 10 years in prison is a travesty of justice and a clear attempt by the government to stifle free speech in the country.This bears all the hallmarks of authoritarian rule and must be condemned by all.

Freedom of expression and freedom of the press are guaranteed by the 1996 Constitution of Cameroon but these rights are obviously not respected in practice by Cameroonian authorities.

The trial and conviction of the three men as well as their sentences violate the landmark judgment  of the African Court on Human and Peoples’ Rights, delivered on  December 5, 2014 in Lohé Issa Konaté  v Burkina Faso, which sets the standard that government cannot criminalize freedom of expression.

In 2014, the government promulgated an anti-terrorism law which has been widely described as an attempt to limit press freedom in Cameroon. The law states that journalists or persons found guilty of “defending terrorism,” either in print or on the air, face up to 20 years in prison and a fine of 25 to 50 million CFA francs ($51,000 to $102,000) and would be tried by military courts.

We join the local and international community to strongly condemn this act of violation of the freedom of expression rights of citizens and call for the immediate and unconditional release of Fomusoh Ivo Feh, Afuh Nivelle Nfor and Azah Levis Gob while their trial and sentences should be annulled. AFEX reiterates that no one deserves to go behind bars for expressing his or her opinion.

New Report Exposes Pervasive Culture of Impunity in Somalia

Somali authorities have failed to successfully prosecute 92 percent of the cases of journalists murdered, revealed a new report, “Unseating Impunity: Justice for Somali Journalists”, released today by the National Union of Somali Journalists (NUSOJ). Lack of political will to combat impunity and institutional capacity challenges of the criminal justice system hamper efforts to obtain justice for journalists who have been victims of violent crime, added the report.

“Thirty–eight (38) journalists have been murdered in Somalia since 2012, in near–total impunity. 24 journalists were wounded in these four years. The month of September 2012, when the country’s last Federal Government was formed and President Hassan Sheikh Mohamud elected, saw the killings of seven journalists, and became the single deadliest month for journalists in the history of Somalia. The year 2012 was also the deadliest with 18 journalists murdered” said the report

“In light of the prevalent impunity for the high level of violence and repression against journalists, the federal government had squandered an opportunity to tackle impunity in the past four years. Rather it had been busy attacking journalists and denying their fundamental rights,” said NUSOJ Secretary General Omar Faruk Osman. “Yet the current government has full responsibility for tackling impunity enjoyed by government officials. The government should start with robust prosecutions against those who are in government and believed to have committed rights abuses against journalists”.

The groundbreaking report finds that “there is ample evidence to show that the killings of journalists are well planned, politically–motivated and, in most cases, punish journalists for their media work. While Al–Shabaab is responsible for some of these crimes, there are other forces at work trying to eliminate journalists.”

“When a journalist is killed, leaders in government are always quick in issuing statements condemning the killings and offering condolences. However, this is not followed by effective and credible investigations. Usually there is no information made available about ongoing investigations, let alone about anyone arrested and charged, except if it is an Al–Shabaab fighter caught by security forces” stressed the report.

The report finds out the current state of impunity continues to intensify thanks to the Federal Government’s lack of consistent response to all serious crimes committed against journalists, although some effort is made to prosecute Al–Shabaab members who were accused of killings journalists, some sentenced to death and executed by firing squad. “The Federal Government’s repeated failure to act against crimes committed against journalists has created a crisis of impunity. By permitting a climate of impunity, Somalia has failed to meet its obligations under international human rights law” the report detailed.

The report points out that “Somalia’s legal system rarely promotes justice for victims of these attacks and has in place no known measures to protect journalists–something that demotivates victims of rights abuses from coming forward to assert their rights against the known perpetrators. No attempt is made to pursue complaints and assert rights because journalists know very well that no action will be taken against a perpetrator unless he is an Al–Shabaab fighter, and on the whole, keep silent.”

One of the results of the existing impunity is self–censorship. Often invisible, self–censorship constrains and decreases the free flow of information and opinion. This rising trend is an understated, incipient force that suffocates the work of journalists who operate under the constant stress of knowing that publishing or broadcasting a story may place them in very serious danger.

“Whenever a government official is involved, directly or indirectly, in an attack on a journalist, relevant authorities are naturally unwilling to investigate the crimes. Unavoidably, there is delay and inaction, when it falls to the same authority to investigate and prosecute the crime against journalist” the report underlined.

“Our firm and unswerving duty as a union of journalists is to demand for an urgent and full investigations into the murders of journalists, as well as into the other acts of violence, threats and attacks against journalists, their media houses and offices, and for all those responsible, be they State or None-State actors, to be brought to justice and punished for their crimes” declared Osman.

 

AFEX Petitions President Salva Kiir of South Sudan over Shutdown of the Nation Mirror Newspaper

The African Freedom of Expression Exchange (AFEX), a continental network of freedom of expression organisations in Africa, together with 120 individuals from 20 countries in Africa, Europe and America has petitioned President Salva Kiir over the closure of the country’s leading private paper, The Nation Mirror.

The petition which was submitted on October 20, 2016, urged President Salva Kiir to impress on the National Security Service (NSS) to reopen the newspaper.

On September 14, 2016, agents of the NSS ordered the indefinite closure of the Nation Mirror newspaper without any explanation.

According to local media, the newspaper was shut down because it wrote an article on an investigative report on corruption in South Sudan released by a US-based anti-corruption watchdog. The Sentry Corruption Report highlighted the link between alleged acts of public corruption and armed conflict in the country.

The petition also highlighted the key role the media plays in giving practical meaning to the concepts of freedom of expression and right to information.

“Censorship and the closure of The Nation Mirror in particular thus deny citizens their fundamental right to receive and share information and ideas as enshrined in Article 24 and Article 32 of the National Transitional Constitution of South Sudan 2011,” the petitioners noted.

“We are therefore appealing to your office to intervene in this matter and impress on the Security Service to consider reopening The Nation Mirror newspaper,” the petition added.

To read the full petition to the President of South Sudan, kindly click here.

AFEX Condemns Burglary of AMDISS Office, Urges Police to Investigate

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The African Freedom of Expression Exchange (AFEX) joins its member, the Association for Media and Development in South Sudan (AMDISS) to strongly condemn the armed burglary incident at the AMDISS office.

Five unidentified persons broke into the offices of AMDISS in Juba, South Sudanese capital on the night of October 27, 2016 and made away with valuable gadgets and some money.

According to AMDISS, two of the assailants who were armed ordered the security guard on duty to lie face down at gun point. The remaining three broke into the offices and took away two laptops computers and a hard drive containing valuable information about the organisation’s work. The intruders also made away with a camera, a television set flat screen and a safe which contained 15,000 South Sudanese Pounds an equivalent of US$ 2,337.78 and US$ 100.

The case has since been reported to the South Sudanese Police for further investigation. No suspects have been arrested in relation to the incident as at the time of writing this article.

This is the second time that the office of AMDISS has been broken into in three years. In 2013, unidentified persons broke into the office and took away computers and a projector. No arrest was made neither was there a report from the police regarding the outcome of their investigation.

AFEX finds such attacks unacceptable and a further threat to the promotion of the work of AMDISS. We call on the police in South Sudan to thoroughly and independently investigate into the matter and bring the culprits to book.

AMDISS Raises Awareness on Media Laws for CSOs in South Sudan

This statement was originally published on AMDISS on October 24, 2016.

“You people are very quick in responding to human rights violations” Alfred Taban tells members of the CSOs/CBOs during a two day awareness raising workshop that took place at AMDISS Head Office Juba from October 20th-21st, 2016  which brought together twenty one (21) members of CSOs/CBOs representing different institutions. “When I was arrested, you people were the first to advocate for my rights and also were the first to call for my release and that of other journalists who were in detentions; “you did better than my colleagues in the media”.  “You civil society is agents for positive change”

Alfred Taban, Chairperson of AMDISS made these remarks during the opening of a two day workshop for Civil Society Organizations (CSOs)/ Community Based Organizations (CBOs) on media laws awareness raising under the theme “Civil Society Support for Freedom of Expression, Information and media organized by the Association for Media Development In South Sudan (AMDISS) with support from Norwegian People’s Aid (NPA)

AMDISS organized the workshop to enhance CSOs/CBOs with knowledge of the media laws to improve their support for the implementation of these laws, it was also to explain the principles of freedom of opinion and expression as entrenched in the National Transitional Constitution 2011 and international and regional treaties and analyze the roles and responsibilities of CSOs/CBOs in the new legal dynamics in South Sudan.

The workshop, according to most of the participants was an eye opener and an opportunity for them to learn more about the media laws and the structures of the bodies that govern these laws. Participants also shared their experiences and hardship they have been facing in relation to freedom of expression and access to information during the course of their duties. The workshop concluded by forming a task force spearheaded by AMDISS to monitor and push for the implementation of the media laws.

The two day workshop was facilitated by four professional lawyers with good experience in both national and international instruments on legal frame work on freedom of expression, information and media.