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The Gambia: 19 Persons Jailed for Demonstrating Without Permit

Felicia Anthonio
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The statement was originally published on mfwa.org, on July 21, 2016.

On July 20, 2016, a High Court in The Gambia capital Banjul, sentenced 19 persons to three years in prison.

The 19 persons jailed are opposition leader Ousainou Darboe, Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Nfamara Kuyateh, Babucarr Camara, Fakebba Colley, Momodou Fatty, Mamudou Manneh, Dodou Ceesay, Samba Kinteh, Fanta Darboe, Lamin Njie, Jukuna Suso, Momodou L.K. Sanneh, Yaya Jammeh, Ismaila Ceesay, and Masanneh Lalo Jawla.

According to MFWA’s sources, the convicted persons had been in detention since April 16 on  with seven-count charges of unlawful assembly, riot, incitement of violence, riotously interfering with traffic, holding a procession without a license, disobeying an order to disperse from an unlawful procession and conspiracy.

On count one, they were sentenced to one year in prison. On counts two, three, four, five and seven, they were sentenced to six months for each count. On count six, they were sentenced to three years. The Court, presided by Nigerian judge Justice Eunice Dada Oshim, said the sentences are to run concurrently. The convicts are therefore to serve three years in prison. A 20th person, Yahya Bah, who was part of the accused persons, was acquitted of all charges.

The convicted persons were arrested on April 16, 2016 following the arrest of and death in custody of senior UDP member Solo Sandeng. Sandeng and over a dozen others were arrested on April 14 while protesting for electoral reforms in The Gambia. Following the arrest and reported death of Sandeng, Darboe and the rest took to the streets to protest but were physically attacked, arrested, detained and subsequently charged.

The MFWA is deeply concerned about  developments in The Gambia. Human rights conditions in the country continue to deteriorate further. As the country goes to the polls in December this year, the government of President Yahya Jammeh has made it impossible for any individual to challenge his fifth term bid at the presidency. Individuals require as much as 500,000 Gambian Dalasi (about United States 11,280) to register a political party or run as a presidential candidate in The Gambia. Apart from being an outrageous figure, economic conditions in the country makes it impossible for the average political actor to raise such an amount of money.

Tomorrow July 22, marks 22 years since President Jammeh came to power through a coup. It has been 22 years of severe crackdown on freedom of expression and human rights. We are calling on the African Commission on Human and People’s Rights which is headquartered in The Gambia to ensure that the continued repression and gross abuse of the human rights of the Gambian people comes to an end. We urge the ACHPR to call President Yahya Jammeh to order and impress on him to respect the rights of his people to freedom of expression and assembly.

The MFWA once again calls on the ECOWAS and AU to, as a matter of urgency, enforce regional mechanisms and protocols on good governance, human rights and democracy and protect Gambian citizens.

Court Sets Hearing Date for Criminal Defamation Case against Journalist

Felicia Anthonio
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This statement was originally published by hrnj-uganda on July 21, 2016.

The Magistrates Court in Lyantonde has today, 21st July 2016, set 28th July, 2016, as a date for hearing the criminal defamation case against Sadati Waligo, a Red Pepper correspondent in Lyantonde District. Sadati is accused of publishing libellous material against the resident District Commissioner of Lyantonde, Sulaiman Tugaragara Matojo Ssalongo.

Laywer Lukamwa told court that he had just received instructions and prayed to court to be availed with the charge sheet, witness statements and all copies of exhibits that the prosecution intends to rely on to enable him prepare his client’s case. The prosecutor, State Attorney Wamibu Anthony had earlier told the magistrate that he had two witnesses in court and ready to proceed.

The Magistrate advised the parties to consider the option of reconciliation since it is leagally allowed, an advice that Sadati rejected and opted for hearing of the matter to its logical conclusion.

Sadati was, on 21st June 2016, charged with criminal libel before the same magistrate. He was remanded in Lyantonde prison for two days before he was granted bail. Prosecution alleges that on 17th January, 2016, Sadati published defamatory statements against Sulaiman Tugaragara Matojo on his facebook account.

Uganda’s Police Leadership Should Not Blame The Media for Police Brutality

Felicia Anthonio
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Uganda’s Police Leadership Should Not Blame The Media for Police Brutality

This statement was originally issued by hrnjuganda.org on July 18, 2016.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) with great concern condemn in the strongest terms, the ever growing tendency of the police leadership imposing unfounded accusations against the media whenever the force is reported about being engaged in unprofessional conduct in the course of its work.

On 12th July 2016, police men, army and men in civilian clothes were captured by the media using sticks to brutally beat up Ugandans for cheering former Forum for Democratic Change Presidential Candidate Dr. Kizza Besigye as he headed to his Kasangati home after he was granted bail by the High Court of Uganda. Besigye who is facing treason charges has been on remand in Luzira Prisons for two months.

This brutality by the police attracted angry reaction from a wide section of the public including civil society organisations, religious leaders, political parties and the International Community among others, instigating the police to explain its actions. Astoundingly, the police blamed televisions and social media for being choosy in the pictures displayed about the ugly incident. The Inspector General of Police Gen. Kale Kayihura told journalists at a press conference held at police Headquarters in Naguru on 14th July 2016 that, “the images that were shown on television and social media were selective. They did not show the whole incident where crowds threw stones at the police. That is not journalism.” Gen. Kayihura said in a systematic attack to the media. The IGP however did not show any proof of Ugandans throwing stones at police officers by providing the journalists with alternative footage and pictures of the said incident.

General Kale Kayihura condoned the inhuman conduct of police. “The use of teargas, rubber bullets has been eliminated. The only option remaining for the commander at the scene is use of water cannons or baton charge.” Kayihura told the journalists.

It is important to note that the role of the media in such circumstances which the Inspector General of Police has not rebutted was to expose the gruesome behavior of the “would be” professional and nonpartisan police that is mandated to ensure safety and security of citizens and has become the tormentors of Ugandan citizens. It should be noted that the police had not ruled out any of Besigye’s supporters waiting at the roadside and waving at him, therefore justifying the unjustified use of force on them by the stick-wielding men

In a pluralistic society, the media is not supposed to report what is only favorable to emotions of the police or the State, but also information that may be disturbing and, or annoying. That is what is meant by freedom of expression and free flow of information and ideas in a democratic society.

This is not the first time that the police leadership is shifting blame for its erroneous acts to the media. Notable among the numerous times is the 12th October 2015 incident, when the IGP and the police spokesperson Fred Enanga independelty told journalists that the television media were biased when showing the Forum for Democratic Change mobiliser Zainab Naigaga being undressed during her arrest, “with the intention of portraying police negatively”, the 12th January 2015 incident about the brutal assault of a television journalist, Andrew Lwanga by a senior police officer and the April 2014 incident when FDC’s Ingrid Turinawe’s breast was fondled by police officers. In all these incidences, the police have blamed the media of biased reporting and casting it in bad light. It however never produces justification to this effect.

Freedom of expression and the media is well entrenched in the Constitution of the Republic of Uganda. The Government and the Uganda Police Force should respect the spirit of Article 29(1)(a) of the said Constitution which guarantees freedom of expression, and Article 40(2) which provides that every person in Uganda has a right to practise his or her profession. The citizens rely on press to expose corruption, maladministration and all other forms of injustice or the inefficient and ineffective workings of the private and public officers.

Owing to this persistent trend, HRNJ-Uganda states as follows;

  • While the media welcomes positive criticism where the practitioners fall short of their professional requirement, such condemnation should be objective and backed up with solid evidence to allow for progressive reformation of the media industry.

  • The IGP should desist from using intimidating tactics and/or language so as to stifle, muzzle and create self-censorship in the media. Covering up for police brutality is not one of the functions of media, but balanced and fair reporting. In an event the police is not happy with what is carried by the media, the force should release its own footage of the events to support such allegations.

  • The police should stop inciting the public against the media –especially the frontline reporters by wrongly shifting the blame on the media as a cover up for the force’s professional inadequacies.

  • The police should prioritise ensuring the safety and security of journalists where it has most expertise while letting other issues especially those pertaining to the media be handled by the respective professional bodies.

Suppression of the media is detrimental to freedom of expression and the attendant decision-making processes and entrenchment of a democracy and good governance. Police should therefore play a part in collectively advocating for a free press and freedom of expression.

Mauritania: Journalist Jailed Three Years for Throwing Shoe at State Official

Felicia Anthonio
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This statement was originally published on mfwa.org, on July 18, 2016.

A Magistrate’s Court in Nouakchott, Mauritania has sentenced a journalist to three years in prison for throwing his shoe at a state official.

Cheikh Baye Ould Mohamed, manager of the Meyadine news website, was part of the audience during a weekly press briefing on June 30, 2016, which was addressed by a government spokesperson, Mohamed Lemine Ould Cheikh.

The MFWA’s correspondent in Mauritania reported that in the course of the state official’s speech, Cheikh Baye Ould Mohamed reportedly shot up from his seat and threw his shoe at Mohamed Lemine Ould Cheikh while shouting “minister of lies.” The footwear however did not hit the government spokesperson.

Police on duty at the press conference reportedly overpowered Cheikh Baye Ould Mohamed immediately and arrested him. He was kept in detention until July 11, when he was put before a court on charges of “insult and violence against a public officer in the line of duty.”

According to MFWA correspondent, the defence counsel of the journalist has described the decision of the court as “insensitive” and has indicated that they will appeal the ruling.

“The judge did not even heed the call of the prosecution which asked for the minimum sentence,” lawyer Brahim Ould Ebetty, told the media. “The defence team will file an appeal immediately against this insensitive judgment.”

MFWA considers the journalist’s reaction to the state official as unfortunate and unprofessional. A journalist is expected to believe in and respect the right of others to hold and express divergent opinions. Knowing this, Cheikh Baye Ould Mohamed should have shown restraint.

Nonetheless, the three-year jail term handed to Cheikh Baye Ould Mohamed is too severe for what is purely an act of misdemeanour. We urge the authorities to review the sentence, and possibly replace it with a reasonable fine.

Freedom of Expression: AFEX Urges South Sudan to Protect Rights of Journalists

Felicia Anthonio
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Freedom of Expression: AFEX Urges South Sudan to Protect Rights of Journalists

The African Freedom of Expression Exchange (AFEX) writes to express grave concern about the recent crackdown on the media in South Sudan which has resulted in the killing of one journalist, the arrest and detention of an editor and the shut-down of a newspaper including other free expression violations.

On July 16, 2016, agents of the National Security Service arrested Alfred Taban, Editor in chief of Juba Monitor, an independent English language daily newspaper in South Sudan. The security service accused the journalist of inciting violence, and consequently ordered the closure of the newspaper.

The arrest followed the publication of an opinion piece on July 15, 2016 titled: Salva Kiir, Dr. Riek Machar should be removed. In the said article, Taban called on President Salva Kiir and the First Vice-President, Riek Machar, to step down saying both of them had failed to work together to improve the security situation in South Sudan.

Taban’s arrest is the second major reported act of hostility against journalists in less than a week since the latest outbreak of the conflict in South Sudan this month (July 2016). On July 11, 2016, John Gatluak Manguet Nhial, a journalist for Internews, was killed, reportedly by armed men in a hotel in Juba, the capital city of South Sudan. Media outlets in the country accused the President’s security forces of killing the journalist.

In addition to the violations cited above, there have been other equally disturbing incidents recorded earlier this year. Two journalists were abducted and tortured by unknown men in March 2016. South Sudanese journalist working with Al-Tabeer newspaper, Joseph Afendi was on March 4, 2016, abducted, tortured and abandoned in a graveyard in Juba by unidentified men. The attack came off shortly after the journalist was released after being detained for two months without charge. Prior to his attack, Afendi had reportedly published an article criticising the ruling Sudanese People’s Liberation Movement (SPLM) on the ongoing conflict in the country.

Similarly, Chan Joseph Awer, a reporter working with the Al Maugif newspaper, was found on March 1, 2016 in a bad condition along a cemetery in the outskirts of Juba. The journalist had been kidnapped, tortured and dumped at the cemetery. He was threatened to stop writing if “he valued his life”.

Aside these incidents recorded in 2016, the press freedom situation has seen a significant deterioration over the past years. According to the Reporters without Borders (RWB) World Press Freedom Index for 2015 and 2016, South Sudan ranked 125th and 140th respectively out of 180 countries monitored globally.

In 2015, the National Security Service shut down about five newspaper organisations including the Juba Monitor newspaper for reporting on issues critical of the government. The Juba Monitor had published two articles which described the unrest in the country as an “ethnic conflict” which resulted in its closure. The same year, seven journalists were reported to have been killed by unidentified armed men during the unrest in the country.

In 2014, President Salva Kiir signed into law, a bill that gave South Sudan’s National Security Service the right to monitor communications, conduct searches, seize property and detain suspects, including journalists. This law was widely criticised as giving excessive powers to the security apparatus in order to suppress free expression and other human rights in the country. The constant harassment and clampdown of the media in South Sudan has seen retrogression in the country’s free expression situation since the passage of the law as well as other recorded incidents of free speech violations.

Since the outbreak of the civil war in December 2013, the media and journalists in South Sudan have been operating under dangerous conditions.

The incidents of violations mentioned herein, among others, could have a chilling effect on free speech in the country. AFEX finds this worrying, as these acts of intimidation lead to self-censorship by journalists in reporting on critical issues. The media in South Sudan plays a key role in promoting citizens’ rights to access information during the conflict and should therefore be allowed to operate freely without interference from the country’s authorities. South Sudan’s government should intervene to promote, protect and defend freedom of expression as well as ensure the safety of journalists in the country.

AFEX appeals to the President of the Republic of South Sudan, Salva Kiir, to use his good offices to order the National security service to release veteran South Sudanese journalist, Alfred Taban and allow the newspaper to operate freely in the country. We urge President Salva Kiir and First Vice-President, Riek Machar, to publicly condemn the arrest of the journalist in order to demonstrate their commitment to press freedom as well as ensure that press freedom rights are respected and observed as required by international law and the national constitution of South Sudan.

AFEX also urges the authorities in South Sudan to independently and thoroughly investigate the killing of journalist, John Gatluak Manguet Nhial, and punish the perpetrators accordingly.

We call on the National Security Service to desist from arbitrarily interfering in the work of journalists and rather ensure their safety in carrying out their duties.

Lesotho Times Journalist goes into Exile

Felicia Anthonio
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This statement was originally published by misa.org on July 19, 2016.

Lesotho Times newspaper reporter Keiso Mohloboli fled Lesotho on July 18, 2016, to the neighbouring Republic of South Africa in fear of her life. Her departure follows the shooting of the newspaper’s editor Lloyd Mutangamiri on Saturday, July 9, 2016, at the gate at his lower Thamae residence in Maseru, the capital of Lesotho. Mutungamiri was on his way from work after working on the sister paper, the Sunday Express, when he was gunned down by two unknown assailants

Keiso fled the country with the support of the Committee to Protect Journalists (CPJ). She went into exile following an open letter by non-managerial staffers from Africa Media Holdings (AMH), publishers of the two papers, in which they expressed concern that their “security as watchdogs of this democratic state is under threat”. The letter was addressed to Lesotho’s Minister of Communications Khotso Letsatsi.

Background

Keiso and Lloyd were summoned by police for questioning about an article in the newspaper’s June 23 edition, about the alleged ‘exit strategy’ for current Lesotho Defence Force (LDF) Commander Lieutenant General Tlali Kamoli.

Further, on July 5, 2016, the newspaper’s publisher Basildon Peta was charged with criminal defamation and crimen injuria in connection with a satirical article about Lieutenant General Tlali Kamoli – also published in the 23 June edition of the paper. The case is to be heard before the Lesotho Court today, July 19, 2016.

MISA Lesotho has since appealed to the government of Lesotho to launch a prompt, independent and impartial investigation into the shooting of Mutungamiri, the outcome of which should be made public to enable informed decision making by the people of Lesotho and the world, particularly in the very polarised and politically volatile situation in the country.

Guinea Bissau: Director of News at State Broadcaster Sacked for Defying Censorship Order

Felicia Anthonio
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The statement was originally published by mfwa.org on July 15, 2016.

The Director of News at the state radio broadcaster in Guinea Bissau, Radiodifusao Nationale (RDN), Aliu Candé has been sacked for defying censorship orders by General Manager of RDN, Abduramane Turé.

Candé was sacked on July 7, 2016 for airing a press conference by Domingos Simões Pereira a former Prime Minister, despite being reportedly ordered by Turé, to censor the event.

The press conference organised by Domingos Simões Pereira who was sacked as Prime Minister of Guinea Bissau in August 2015 by President José Mario Vaz after a conflict between the two, was to respond an allegation of financial impropriety by the new Prime Minister Baciro Dja accusing him of illegally benefiting from a 30 billion CFA franc bank bail-out fund established by the government.

In apparent show of commitment to keep the network impartial, the Director of News, Aliu Candé, rejected the censorship orders and went ahead to air the press conference. However a few hours after the press conference was aired, the General Manager, Abduramane Turé informed Candé that he had been sacked.

MFWA’s correspondent in Guinea Bissau, the sack of Candé for his principled stand appears to confirm fears expressed by the media and civil society groups when Turé was appointed on June 4, 2016. The stakeholders had warned that Turé and Francelinho Cunha, who was also appointed General Manager for the state-owned Télévision Guineé Bissau (TGB) by the new Prime Minister, might not be able to work independently and impartially because of their previous roles as political party activists.

This is not the first time the state media in Guinea Bissau has witnessed open political interference. On December 4, 2015, the Attorney General, António Sedja Man, called off a scheduled programme on state radio and summoned the Manager, Francisco Muniro Conté to the Ministry of Justice for a “working meeting.”

The MFWA calls on the General Manager of Radiodiodifisao Nationale (RDN) to reinstate the sacked Aliu Candé. We also urge the authorities in Guinea Bissau to stop the political interference in the work of the state media to enable them play their important public service roles more effectively to advance the cause of democracy in the country.

AFEX Demands Immediate Release of Burundian Media Professional Detained in Congo

Felicia Anthonio
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The African Freedom of Expression Exchange (AFEX) joins its member in the Democratic Republic of Congo (DRC), Journaliste en Danger (JED), to demand the unconditional release of a Burundian media professional who has been in detention since October 13, 2015 in Kinshasa.

Egide Mwemero is a technician working with private-owned radio station, Radio Publique Africaine (RPA), in Bujumbura, capital of Burundi. Radio Publique Africaine was set ablaze during the Burundian protests in 2015.  The station was part of a number of radio stations targeted for destruction during the protests.

Mwemero, who was in exile in DRC, had gone to Uvira, South-Kivu province in DRC to repair the transmitter of Radio Le Messager, a partner station of RPA, where he was arrested.

The Congolese authorities accused Mwemero of several charges including being a “military espionage” in DRC in favour of Rwanda while others accused him of belonging to a revolutionary movement which aims at destabilising Burundi. The Detection Militaires des Actions Anti-Patrie (DMIAP), a section of the military service responsible for ensuring national security of the country also leveled a charge of “military revolt” against him.

After months of secret detention in the dungeons of various military services, Egide Mwemero was finally transferred on May 28, 2016 to the Makala central prison, in Kinshasa.

Mwemero denied all charges leveled against him, reiterating that he has never been involved in any military movement. “I am only a technician for RPA, I have never been enrolled in any military movement,” Mwemero told JED He also added that he had suffered several acts of torture while in detention at various military camps and that his health condition has deteriorated.

AFEX and its member, JED, condemn the arbitrary and prolonged detention of Egide Mwemero. We call on the Congolese authorities to release him unconditionally. We also urge the country’s authorities to ensure that Mwemero receives medical attention immediately and cleared of all charges.

We appeal to the country’s authorities to investigate all acts of torture against Mwemero while in detention and duly punish the perpetrators.

The prolonged detention of Mwemero without trial violates the country’s constitution as well as provisions of Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which the DRC has ratified since 1979.

MISA Zimbabwe: Don’t Regulate Social Media

Felicia Anthonio
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MISA Zimbabwe: Don’t Regulate Social Media

This statement was originally published by misa.org on July 12, 2016.

MISA-Zimbabwe notes with great concern escalating threats by government to “regulate” social media in a statement issued by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) and echoed by senior government officials.

The vagueness of the warnings and threats on what constitutes ‘abuse’ of social media, pose serious ramifications on citizens’ enjoyment of constitutionally guaranteed rights. Equally hazy, and yet to be clarified is what amounts to “gross irresponsible use of social media and telecommunications platforms”, as reportedly expressed by the Deputy Minister of Information, Media and Broadcasting Services Thokozile Mathuthu.

Without such clarity, the public is bound to be fearful in exercising their right to freely express their opinion and thought. This is particularly so given that the imprecise warnings leave the determination of what constitutes criminal conduct on social media at the subjective discretion of government and law enforcement agents or any other persons for that matter.

The effect of the POTRAZ notice and subsequent statements by Deputy Minister Mathuthu and her superior Chris Mushohwe, is to instill fear and self censorship on the exercise of constitutionally guaranteed rights of freedom of expression, access to information and freedom of conscience.

While MISA-Zimbabwe is mindful of democratic limitations to the enjoyment of fundamental rights, these should be fair, reasonable, necessary and justifiable in a democratic society as outlined in Section 86 of the Constitution and regional instruments on protecting human rights.

MISA-Zimbabwe further reminds the government and the public of the very critical parameters of the rights to freedom of expression and conscience, which must be equally respected and balanced alongside the limitations outlined in the constitution.

For example, freedom of conscience as outlined in section 60 of the constitution is to be exercised by “every person” and the freedom includes:

  • Freedom of thought and opinion.
  • Freedom to practice and propagate and give expression to their thought and opinion
  • Freedom to express thought and opinion in public or in private and individually or with other persons.

In addition, Zimbabweans have the constitutional freedom to hold, receive or disseminate contrary thoughts and opinions through platforms of their choice on any subject of public interest including the country’s governance and politics.

It is MISA-Zimbabwe’s well considered view that there is no justification, whatsoever, for excessive limitations of these fundamental rights.

The non-negotiable imperative of promoting freedom of expression is outlined in the constitution and regional and international instruments that Zimbabwe is party to such as the International Covenant on Civil and Political Rights [ICCPR] and the Banjul Declaration of Principles of Freedom of Expression.

The latter for example, clearly outlines key benchmarks for the enjoyment of the right to freedom of expression, which government must remain mindful of in its exercise of duty. These include that;

  • Any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society.
  • No one shall be found liable for true statements, opinions or statements regarding public figures which it was reasonable to make in the circumstances;
  • Public figures shall be required to tolerate a greater degree of criticism;
  • Freedom of expression should not be restricted on public order or national security grounds unless there is a real risk of harm to a legitimate interest and there is a close causal link between the risk of harm and the expression.

Former UN Special Rapporteur on Freedom of Opinion and Expression Frank La Rue reiterated similar benchmarks in his report to the 17th Session of the UN Human Rights Council. He noted that the right to freedom of expression “includes expression of views and opinions that offend, shock or disturb”, adding that “restrictions should never be applied, inter alia, to discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in Government; engaging in election campaigns, peaceful demonstrations or political activities, including peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups”.

Sentiments expressed by the constitutional court of Zimbabwe in the case of Chimakure & Kahiya v the Attorney General of Zimbabwe [SC13/2013] in respect of the exercise and extent of limitation of the right to freedom of expression are also instructive. The bench noted that;

  • The nature and scope of the right to freedom of expression covers every activity which conveys or attempts to convey a message in a non-violent form, without fear of censure.
  • The right to freedom of expression applies to ideas and information of any kind.
  • Ideas and information are imparted and received for mental digestion and acceptance or rejection.
  • Freedom of thought means that the mind must be ready to receive new ideas, to critically analyse and examine them and to accept those which are found to stand the test of scrutiny and to reject the rest;
  • That the battle of minds and the free debate of ideas and information enjoy the benefits of the protection of freedom of expression.
  • Freedom of expression finds its true meaning when its enjoyment is protected from interference by Government.
  • The only limitation on the “freedom” or “liberty” is the duty not to injure the rights of others or the collective interests listed in the Constitution.
  • The exercise of the power to limit the exercise of the right to freedom of expression is not only required to be constitutionally justified. It is itself restricted by the principle of proportionality.
  • It is only the prohibition of those acts in the exercise of freedom of expression by the speaker, writer, publisher, or actor shown to pose danger of direct, obvious, and serious harm to one or more of the public interests listed in the Constitution, which is justifiable.
  • The State cannot violate fundamental human rights and freedoms under the cover of maintaining public order or preserving public safety.

Against these insightful observations by judges of the country’s highest court, MISA-Zimbabwe implores government to lawfully balance competing interests and act and speak in a manner that promotes the full enjoyment of all rights and freedoms guaranteed by the Constitution of Zimbabwe. Anything done outside the supreme law of the land will be patently undemocratic and a brazen violation of citizens’ basic liberties.

Lesotho Times Editor Shot by Unknown Assailants

Felicia Anthonio
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This statement was originally published on misa.org on July 12, 2016.

The Lesotho Times newspaper editor Lloyd Mutangamiri was shot on Saturday, July 9, at the gate of his lower Thamae residence in Maseru, the capital of Lesotho, just before midnight. Lloyd was returning from his office after completing the Sunday Express edition, a sister newspaper of Lesotho Times.

Police confirmed that a single bullet was fired and that Mutangamiri suffered severe trauma, particularly to his mouth. He was hospitalised under 24-hour police security. Members of the public and his colleagues were not allowed to see him for security reasons. MISA Lesotho was granted a permit by police to access Mutangamiri’s residence on July 10 but respected the wishes of his wife that only family members be allowed to visit Mutangamiri.

Presently MISA Lesotho can confirm that at noon today (July 12) Mutangamiri was relocated to Bloemfontein in the Republic of South Africa, for medical attention. According to police on guard Mutangamiri is stable.

Mutangamiri was shot just a week after his employer, Lesotho Times publisher Basildon Peta was charged with defamation and crimen injuria with regard to the contents of the June 23 edition of the newspaper’s satirical column titled Scrutator. The column carried an article about the Lesotho Defense Force (LDF) commander and the Lesotho Cabinet, headlined ‘Flicker of hope for my beloved Kingdom….’. The column was written in the wake of an announcement by Prime Minister Pakalitha Mosisili that the government had decided to “engage General Kamoli on a mutually agreeable solution” in light of international calls that he be relieved of his post.

MORE THREATS

In the mean time, Harvest FM radio reporter and current affairs presenter Bongani Faki reported that he had received death threats from an unknown man. According to Faki, the man arrived at his house and questioned his children about his whereabouts. The unknown man allegedly pulled out a gun from under the blanket he was wearing, pointed it at the children and instructed them to tell Faki that his life would end.

Faki suspected that the threat was as a result of him announcing that children could attend the Army Day commemoration that was celebrated locally on July 2, 2016, in Maseru.

The two recent incidents follow a shooting at the house of Professor Mafa Sejanamane on May 6, 2016. No one was injured in the attack. Sejanamane manages a blog, Lesotho Analysis, which has often critised the implementation of recommendations of the Southern Africa Development Community’s (SADC) report on Commission of Inquiries on circumstances that led to the killing of the late Lesotho Defense Force commander Lt. Gen. Maaparankoe Mahao.

In all the incidences, no arrests were made.

BACKGROUND

Lesotho Times newspaper in the last two weeks issued an apology on its lead story, regarding alleged LDF Commander’s ‘exit strategy’ in which the paper admitted that it published the story without verifying information from its sources. The apology was issued following summoning of Mutangamiri and his reporter Keiso Mohloboli.

NEED FOR INVESTIGATION; RESTRAINT

MISA Lesotho appeals to the government of Lesotho to commission urgent investigations into the attack against Mutangamiri and all other incidents that are undoubtedly aimed at silencing critical voices. Furthermore, the outcome of the investigations should be made public to enable informed decision making by the people of Lesotho and the world, particularly in this very polarised and politically volatile situation.

Without linking Mutangamiri’s shooting with any of the previously mentioned information on this alert, MISA-Lesotho condemns the attack against Mutangamiri which it regards as a grave threat to media freedom and freedom of expression in Lesotho.

AFEX Decries Arrest of Journalists, Closure of Radio Station

Felicia Anthonio
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AFEX Decries Arrest of Journalists, Closure of Radio Station

The African Freedom of Expression Exchange (AFEX), together with its member, the National Union of Somali Journalists (NUSOJ) deplores the closure of City FM and the arrest of two of the station’s journalists by Somali security forces.

On July 9, 2016, security forces of the Federal Republic of Somalia stormed the premises of private radio station, City FM in Jowhar city, regional capital of Middle Shabelle in southern Somalia and arrested two journalists, Abdishakur Abdullahi Ahmed, Editor-in-chief and Abdirahman Hussein Omar Wadani, Deputy Editor-in-chief both working with the station.

According to the AFEX member in Somalia, National Union of Somali Journalists (NUSOJ), the security forces were acting under the command of authorities of the Middle Shabelle regional administration.

According to NUSOJ, no official reason has been given for the arrest and the closure of the radio station however, it believes the arrest of the journalists and the subsequent closure of the radio station is as a result of a July 7 broadcast by the radio station. In the said broadcast, Ahmed and Wadani interviewed some Internally Displaced Persons (IDPs) about the Middle Shabelle administration’s regional food aid distribution programme.  In the interview, the IDPs criticised the Middle Shabelle administration and accused it of “misappropriation” of food aid.

These comments reportedly enraged the city’s authorities who consequently ordered the arrest and closure of the radio station. An hour after the closure, security forces came back to the radio station and took radio equipment to their headquarters.

NUSOJ also reports that the journalists are currently being held by the National Intelligence Security Agency (NISA) and have been denied access to lawyers and their family. The journalists have been in detention for over 72 hours without charges which contravenes the country’s laws that a suspect should not be detained for over 48 hours without charges. This out rightly violates the journalists’ right to personal freedom and free movement.

AFEX is deeply concerned about the recent crackdown on press freedom by security forces in Somalia. On May 31, 2016, Somaliland security forces arrested journalist, Mohamed Ahmed Jama, reporter of Kalsan TV in Sool region in northern Somalia. About 10 soldiers reportedly raided an office in Sool where a group of journalists were meeting and forcefully arrested Jama and detained him for three hours at Las Anod police station. The region’s authorities accused the journalist of negative reportage on a violent demonstration which occurred in Las Anod on May 18, 2016.

AFEX joins NUSOJ to denounce the arrest and harassment of Abdishakur Abdullahi Ahmed and Abdirahman Hussein Omar Wadani and the closure of the station. We call on the Somali Intelligence agency to immediately and unconditionally release the two journalists and reopen the station. We also urge local authorities to end the harassment of journalists in the country.

Uganda: Police Officer Apologises to Assaulted Journalists

Felicia Anthonio
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 A Ugandan police officer, Constable Pamela Agudo, who assaulted two journalists has publicly apologised to her victims. The apology follows a march organised by 30 journalists to demand justice for their two assaulted colleagues.

On June 29, 2016, Pamela Agudo, together with an unidentified colleague beat up two journalists, Abubaker Lubowa who works with the Daily Monitor newspaper and Mutebi Robert of Salt Media. The unfortunate incident happened when the two were covering the arrest of the Chief Mobiliser of the Forum for Democratic Change (FDC), Ingrid Turinawe, and her driver for disobeying police orders.

According to the AFEX member in Uganda, Human Rights Network for Journalists (HRNJ-Uganda), Mutebi was assaulted by Pamela who reportedly hit his private part with a baton.

“I was hit by two police officers, one of the lady officers targeted my private parts which she hit with a baton. This forced me to retreat because I was feeling a lot of pain,” Mutebi told HRNJ-Uganda.

Mutebi reported that Abubaker was also hit seriously and doubted if he could walk,

“Abu was hit in the knees with a baton; I don’t know whether he can walk because he was hit seriously”.

Standing in solidarity with their colleagues against the assault, the 30 journalists picketed at the premises of the Kampala East Metropolitan Police station to demand justice.

After an hour of picketing at the premises of the station, the Police Commander of the station, Siraje Bakeleke and other officers, kowtowed to pressure and brought one of the two culprits (who were reportedly in detention at the Naguru Police Headquarters for the assault), to apologise to the aggrieved journalists.

Pamela Agudo, subsequently apologised to her victims.

“I am here to apologise for assaulting journalists. I am sorry for what happened and I promise never to do it,” Pamela told the journalists.

Siraje Bakeleke, on his part assured the media fraternity that the Police administration will do their best to protect journalists working in the country.

AFEX commends the 30 journalists who stood in solidarity with their assaulted colleagues to demand remedial action from the police. We urge the journalists in Uganda to continue working together to fight for, and defend their rights at all times.

AFEX also commends the police administration for acting swiftly on the demands of the journalists, ensuring that Pamela rendered an apology to the journalists and also for assuring the journalists in Uganda that they will protect them.

We urge the police to keep to their word and ensure that journalists in the country are able to carry out their mandate in a safe environment.

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