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ECOWAS and MFWA Sign Partnership Agreement

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ECOWAS and MFWA Sign Partnership Agreement

On Tuesday, December 5, 2023, the Economic Community of West African States (ECOWAS) and the Media Foundation for West Africa (MFWA) signed a historic four-year Memorandum of Understanding (MoU).

The MoU, signed by the President of the ECOWAS Commission, H.E. Dr. Omar Alieu Touray and the Executive Director of the MFWA, Mr. Sulemana Braimah, seeks to enhance collaboration and cooperation between the two organisations.

In pursuit of the objectives of the MoU, ECOWAS and MFWA will focus on a number of strategic areas of cooperation aimed at enhancing democratic values, media freedom and development, human rights and peace in the region.

The specific areas of cooperation include: building media capacity to contribute to enhancing democratic norms and values; enhancing the media’s role in countering narratives of violent extremism, polarisation, radicalization, mis/disinformation and hate speech; promoting media freedom, freedom of expression (online and offline) and access to information; and coordination with regional media partners to enhance citizens’ awareness of ECOWAS and its activities across Member States.

At the signing ceremony, the ECOWAS Commissioner for the Political Affairs, Peace and Security (PAPS), Ambassador Abdel-Fatau Musah (PhD), reiterated the strategic role of the MFWA as a partner of choice that has the capacity to contribute to dealing with the critical challenges facing the region. He highlighted the role of the media in mobilising public opinion in support of democratic values and countering anti-democratic narratives that appear to be on the rise in the region.

Commissioner Adbel-Fatau Musah noted that the MoU with the MFWA was also critical because of the invaluable role of the media in promoting ECOWAS’ vision 2050, which is: ECOWAS of the peoples: peace and prosperity for all.

On his part, the Executive Director of the MFWA expressed his delight about the formalisation of relations between the two organisations, noting that the partnership provides a great opportunity to build synergies and leverage on each other’s capacities and resources to effectively confront the critical challenges facing the region.

In attendance at the signing ceremony were other senior ECOWAS officials and senior staff of the MFWA.

For more information, visit www.mfwa.org or email us at INFO[@]mfwa.org or call the MFWA on +233 302 -555327.

Former Gambian hit squad member sentenced for the murder of Deyda Hydara

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Former Gambian hit squad member sentenced for the murder of Deyda Hydara

(Banjul, 30 Nov., 2023) – The Gambia Press Union (GPU) welcomes today’s verdict and sentencing of Bai Lowe, a former death squad member under ex-dictator Yahya Jammeh, to life imprisonment for his role in the murder of journalist Deyda Hydara.

The Higher Regional Court of Celle, a northern town in Germany, found Lowe guilty on all charges of crimes against humanity on Thursday, November 30, 2023, and sentenced him to life imprisonment for the assassination of  Deyda Hydara in 2004, the murder of a former soldier in 2006, and the attempted assassination of a lawyer.

Deyda was co-founder of The Point newspaper, and a correspondent of Agence France-Presse, AFP and Reporters Without Borders, RSF. He was known to be a fierce critic of Jammeh and his tyranny and had questioned Jammeh’s desire to prolong his stay in power. Jammeh had ruled the Gambia with an iron fist for 10 years when he order Deyda’s killing, according to testimonies, and for 12 more years after his assassination.

Lowe, 41, who denied the charges, was a driver for Jammeh’s death squad known as the “Junglers”. Evidence of Lowe’s involvement in gross human rights violations were mainly collected from confessions he made in interviews with the US-based Freedom Newspaper in 2013 after he fled the country. In it, Lowe explained how he drove the Junglers to kill people considered opponents of the dictator in several operations – thanks to the late journalist Pa Nderry M’Bai whose bravery and commendable work helped revealed the atrocious activities of the Junglers. Lowe had tried to change that narrative during the Celle trial by claiming in one occasion that he pretended to be a Jungler and that interviews he gave were based on accounts he heard.

“The GPU has longed for the killers of Deyda Hydara to face justice for 19 years since his death. Therefore, Lowe’s sentencing by the Higher Regional Court of Celle is a remarkable feat in fight to end impunity for crimes against journalists,” GPU Secretary General, Modou S. Joof, said.

“This is a first step. Our ultimate wish is to see Yahaya Jammeh and the soldiers who actually pulled the trigger in the drive by shooting of Deyda Hydara on 16th December, 2004 held accountable for this atrocious crime against a journalist,” Joof said.

The Junglers military unit was “used by the then-president of The Gambia to carry out illegal killing orders, among other things” with the aim of “intimidating the Gambian population and suppressing the opposition”, according to federal prosecutors.

“Bai Lowe’s conviction and sentencing in Germany is a crucial step forward in Gambia’s transitional justice journey,” GPU President, Muhammed S. Bah, said.

“It serves as a valuable lesson for the government of the Gambia to expedite justice for Jammeh’s victims, many of them journalists, who anxiously await the fairness they deserve. With this precedent, the stage is set— there is no time to waste,” Bah said.

Lowe’s sentencing is the first for post-Jammeh era crimes prosecuted under universal jurisdiction. Two other Gambians, a former minister of interior, Ousman Sonko and a former death squad member, Michael Sang Correa, are being held in pre-trial detention in Switzerland and the USA for their alleged involvement in dictatorship-era atrocities similar to those Lowe is to serve jail time for.

Pap Saine, who founded The Point newspaper with Deyda Hydara, welcomes the decision of the German court for sentencing Bai Lowe to life in jail.

“It paved the way for ex-president Yahya Jammeh and all perpetrators to be tried and to be punished accordingly,” Saine said. “Gambia government should not waste time in bringing to book all culprits involved in killings during Jammeh’s time.”

In the Gambia, Jammeh’s former junta ally, Yankuba Touray, is currently on death row after he was sentenced to death for the murder of a former finance minister. In December 2021, Gambia’s truth commission found Yahya Jammeh, who now lives in exile in Equatorial Guinea, responsible for murder, rape and torture during his 22-year rule.

“Be it universal jurisdiction or local jurisdiction, justice shall prevail for the Jammeh-era victims. Most of the crimes committed during this era are heinous and they must not go in thin air without justice being served,” Deyda’s son, Baba Hydara, said.

“Impunity in the Gambia will never go unpunished. We want justice to prevail under any circumstances, and like Bai Lowe, we want all his accomplices to face justice and get punished,” he said.

Deyda was not only a doyen in Gambian journalism, he was also a trade unionist who led the Gambia Press Union between 1989 to 1998.

He spent much of his life molding younger journalist during his time and fighting for their welfare, and as well, fighting for press freedom and freedom of expression – including against repressive media laws.

 

– Ends

GPU urges police to drop charges against activist

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GPU urges police to drop charges against activist

(Banjul, The Gambia, 15 Nov., 2023) – The Gambia Press Union (GPU) is calling on the Gambia Police Force (GPF) to drop all charges against Madi Jobarteh, one of the country’s leading human rights activists. Madi is charged with “seditious intention”, “false publication and broadcasting”, and “incitement to violence” following his arrest, detention and subsequent release on police bail last month.

The charges are believed to have stemmed from unspecified social media comments he made last month in reaction to the arbitrary arrests and detention of an online media talk show host whose rights were violated by the police, and a series of comments by President Adama Barrow directed at media houses, activists and the opposition that were seen to threaten press freedom, freedom of expression, and Gambia’s fledgling democracy.

He has yet to appear in court, and his bail has been extended to 23rd November, 2023. The police are also holding onto his mobile phone since his arrest on 9th Octoberfollowing reports of surveillance by the police.

Madi, who was unwell and had informed the police of his health condition at the time of his arrest, saw his health deteriorated while in detention. He was later admitted at a local clinic before he was granted bail.

He has told a local daily that the charges against him are politically-motivated. “I find these charges to be ridiculous because I have not committed any of those offences, so for me, this is just persecution,” he told The Standard.

“We are calling on the police to immediately and unconditionally drop all charges against Madi Jobarteh,” GPU President, Muhammed S. Bah, said. “The government must respect the fundamental freedoms of individuals in law and in practice as affirmed by the Gambian Constitution and various United Nations, African Union and ECOWAS instruments that the Gambia is a party to.”

In May 2022, President Adama Barrow verbally attacked and threatened Madi Jobarteh in a live broadcast accusing him of seeking to “set the country on fire”, and that media organisations that offer him their platforms are harming the country – comments the GPU found unacceptable.

Madi was also arrested, detained and charged in July 2020 for organizing a ‘Black Lives Matter’ peaceful protest in front of the US Embassy in Banjul, and for criticizing Gambia government over unsolved killings of civilians allegedly linked to Gambian police and Senegalese forces.

“Madi Jobarteh is currently the most persecuted human rights activists in The Gambia, for merely utilising his fundamental right to free expression and holding the government, state institutions and public officials to account over allegations of corruption, poor service delivery and misgovernance,” GPU Secretary General, Modou S. Joof, said.

While the president and his government said it is committed “to democratic values, including the highest regard for the freedom and liberty of [the] people”, the recent arbitrary arrests and detention of journalists or media workers, rights activists, and opposition figures based on their work and speech or expression, and the president’s recent comments – go against whatever progress that has been made in terms of press freedom and freedom of expression.

“The government needs to demonstrate tolerance for freedom of expression and to appreciate the role of activists like Madi Jobarteh and the media who are playing a crucial role in fighting against corruption and for political and social-economic progress – which can only be achieved when fundamental rights and freedoms are upheld,” Joof said.

Sedition

Sedition, which is found in Section 51 of the Criminal Code, is an obsolete colonial-era law from 1933, which, among other laws, including “false publication”, was challenged at the ECOWAS Court of Justice. In 2018, the Abuja-based Court ruled that Gambia’s laws criminalising speech violated the rights of journalists, and directed that the government “immediately repeal or amend” the laws in line with its obligations under international law.

The sedition law was meant to ensure loyalty to the British Crown and to protect the monarchy from criticism and to stifle freedom of expression in an independence-seeking-Gambia, which has since been revised to shield Gambian presidents from criticism, being held accountable, and to severely restrict freedom of speech.

Seditious intention is seen as “an intention to bring into hatred or contempt or to ‘excite disaffection’ against the President”, which is punishable with a fine between 50,000 and 250,000 dalasi (between US$815 and $4,074) and/or a term of three years imprisonment. Part of the sedition law that shielded the government from being held accountable was scrapped by a Supreme Court ruling in 2018 following a GPU-suit from 2015.

False Publication

The “False Publication and Broadcasting” law, which has been replicated in the Criminal Offences Bill, 2022, is found in Section 181A of the Criminal Code. It states that the “negligent dissemination of false news or information” is punishable by a minimum of one year imprisonment and/or a fine between 50,000 and 250,000 dalasi. Under this law, anyone who “wilfully, negligently or recklessly, or having no reason to believe it is true, …publish or broadcast any information or news which is false…”, is deemed to have committed an offence. A lack of knowledge that the information was false is not a defence, unless it is proven that adequate measures were taken to verify the accuracy of the information.

In February, the GPU presented a position paper on the Criminal Offences Bill, 2022 to the National Assembly Committee on Human Rights and Constitutional Matters to consider removing sections on false publication and sedition which restricts press freedom and freedom of expression. The Bill, which seeks to repeal the current criminal code, is still at the committee stage.

While the government has accepted the recommendations of the Truth Commission to review these repressive laws restricting press freedom and freedom of expression in line with international human rights standards, there has been very little progress in terms of implementation, and the laws still exist in the criminal code, and some are replicated in the new criminal offences bill.

Incitement to Violence

Found in Section 59B of the Criminal Code, also imposes up to a three-year jail term for persons found guilty of “making any statement indicating or implying that it would be incumbent or desirable (a) to do any acts calculated to bring to death or physical injury to a person or to any class or community of persons; or (b) to do any acts calculated to lead to destruction or damage to any property.”

The Gambia government must uphold the rule of law, and its local and international obligations on fundamental freedoms as affirmed by the United Nations’ Universal Declaration of Human Rights which states that:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference [from the government, police or anyone], and to seek, receive, and impart information and ideas through any media regardless of frontiers.”

The GPU urges the government to prioritize the reform of laws known to restrict press freedom, freedom of expression and civil liberties as per the recommendations of the Truth, Reconciliation and Reparations Commission, the 2018 Judgement of the ECOWAS Court, and recommendations by a government-instituted Media Law Reforms Committee in 2018.

These reforms should include removing or repealing or amending any provisions in the Criminal Code that are repressive or unduly restrictive or inimical to freedom of expression and of the press in a democratic society, including false publication and inciting to sedition which are found in the new Criminal Offences Bill, 2022.

All laws that negatively affect fundamental human rights and have been earmarked for reforms deserve the same urgency that the government gives to other laws at the level of the Executive and the National Assembly – as was the case for the Former Presidents’ Bill, 2023 among others.

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Charter on AI and Journalism launched

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Charter on AI and Journalism launched

Reporters Without Borders (RSF) in partnership with 16 other organisations on November 10, 2023 launched the inaugural Charter on AI and Journalism, which coincided with the Paris Peace Forum in France.

The Charter is a culmination of a series of meetings over a period of four months by a global committee of 32 prominent persons from 20 different countries. Journalist, Maria Ressa, the 2021 Nobel Peace Prize Laureate, chaired the committee meeting.

AFEX members, Dr Tabani Moyo, who is the IFEX Convenor and Regional Director for the Media Institute for Southern Africa (MISA), and Dr Wakabi Wairagala, the Executive Director for Collaboration on ICT Policy for East and Southern Africa (CIPESA), were part of the 32-member committee.

The charter defines 10 critical principles that are foundational for journalism to thrive in the age of AI, which include but are not limited to:

  • Ethics must govern technological choices within the media.
  • Human agency must remain central in editorial decisions.
  • The media must help society to distinguish between authentic and synthetic content with confidence.
  • The media must participate in global AI governance and defend the viability of journalism when negotiating with tech companies.

African perspectives on operationalising UNESCO’s guidelines for regulating digital platforms

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African perspectives on operationalising UNESCO’s guidelines for regulating digital platforms

Across the world, governments are introducing laws to regulate online content. Many of these laws contain provisions that may lead to the increasing removal of legitimate expression as opposed to harmful and illegal content. In turn, the global community continues to grapple with the question of how harmful online content should best be moderated in a manner that does not undermine citizens’ right of access to information and freedom of expression.

On September 28, the United Nations Educational, Scientific and Cultural Organization (UNESCO) held a high-level panel discussion on unpacking African perspectives on the operationalisation of UNESCO’s Guidelines for regulating digital platforms. The session was among the discussions held at the 2023 edition of the Forum on Internet Freedom in Africa (FIFAfrica) which assembled organisations from across Africa and beyond to deliberate on reigning concerns in the internet governance and digital rights landscape.

The UNESCO Guidelines (in full referred to as Guidelines for regulating digital platforms: a multistakeholder approach to safeguarding freedom of expression and access to information) aim to safeguard  freedom  of  expression,  access  to information,  and  other  human  rights in the context of the development and implementation of digital platform regulatory  processes. The guidelines outline rights-respecting regulatory processes and promote risk   and system-based processes for content moderation and curation. Following a series of multistakeholder consultations and contributions that started in September 2022 the guidelines have been under review with a launch of the final document yet to be announced.

The panel featured at FIFAfrica comprised John Bosco Mayiga, Programme Specialist at UNESCO, who moderated the discussion, Hon. Neema Lugangira, Chairperson of the African Parliamentary Network on Internet Governance (APNIG), Grace Githaiga, Convenor of the Kenya ICT Action Network (KICTANet), Dr. Simon-Peter Kafui Aheto from the University of Ghana, and Samira Danburam, New Media and Security Manager at the Nigerian Communications Commission.

Mayiga noted that there are growing shared concerns by many actors in the digital society on how to better harness the benefits of information platforms while also addressing the challenges that come with it. “There is much to gain with digital transformation. However, amidst hate speech and disinformation, there is also much to lose,” he said.  “How do we move forward leveraging the advantages of the platforms, but also take care of the excesses that happen to be part and parcel of platforms?”

Githaiga noted that there are no fast and easy answers in dealing with the current challenges of content moderation. She further noted that the guidelines will be invaluable in serving as a basis for individual countries, especially as different countries are at different levels of digital regulation while socio-cultural contexts also vary across borders.

Indeed, various countries, particularly in Africa, are still grappling with navigating issues such as hate speech, disinformation, protecting legitimate online freedom of expression, content moderation, and data privacy. Dr. Kafui-Aheto added that the Internet Universality Indicators (IUI’s) are a great complementary tool to the guidelines. He also stressed that digital literacy, including on regulatory frameworks, is fundamental in the realisation and utilisation of the indicators and the UNESCO guidelines by more stakeholders.

The speakers discussed the potential paths that the operationalisation of the guidelines in Africa could take. There was consensus amongst panelists on the need to create regional and national multi-stakeholder networks that enable the active participation of diverse groups in the implementation of digital platform regulation. This consensus was reached as the challenge of ensuring that online platforms serve as places where individuals can seek factual information but without fear was a recurring theme across FIFAfrica.

Ultimately, the session stressed that the creation of an internet of trust cannot be the preserve of any particular group however specialised they are; it should be a collaborative effort that includes all stake-holders.

The guidelines are designed to inform regulatory processes under development or review for digital platforms, in a manner that is consistent with international human rights standards. According to UNESCO, the Guidelines may serve as a resource for policymakers in identifying legitimate objectives, human rights principles, and inclusive and participatory processes that could be considered in policymaking. The guidelines could also inform the policies and practices of digital platforms; and provide an advocacy and accountability tool for civil society.

AFEX Joins Stakeholders to Address Online Safety of Journalists in Africa

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AFEX Joins Stakeholders to Address Online Safety of Journalists in Africa

The Africa Freedom Expression Exchange (AFEX), on October 19, 2023, joined stakeholders at the 77th session of the African Commission on Human and Peoples’ Rights (ACHPR) in Arusha, Tanzania. A side event was organized by AFEX and the International Press Institute (IPI) under the theme:  Addressing online threats towards female journalists in Africa: Gaps and opportunities. The meeting was attended by civil society organization representatives across Africa.

This meeting was purposed to provide a platform for the coordination of advocacy efforts at national, regional and international levels on threats to female journalists, and improve on the monitoring, documentation, and reporting of online threats against them.

A reference to an article by Kenyan journalist, Caroline Kimeu, titled: ‘As Social Media Grows in Kenya, So Does Disturbing Toxic Manosphere’, which was published by The Guardian, kickstarted the meeting. In this article Caroline highlighted websites and social media platforms that promote misogyny online. However, her efforts were met with backlash which underscored the importance of ensuring the online safety of female journalists.

Speaking at the event, Rebekah Awuah, Senior Reporter of The Fourth Estate, an accountability journalism project of the Media Foundation of West Africa shared the experiences of some female journalists in Ghana who were subjected to threats of physical violence, dissemination of photoshopped images to silence the journalists, and threats to publish intimate images online. She indicated that the Media Foundation for West Africa has a project solely focused on digital rights.

Gilbert Sendungwa, Executive Director of Africa Freedom Information Center (AFIC) shared findings from recent research by AFIC on the gendered-dimensions of journalists’ safety in Kenya, Uganda and Tanzania. He revealed that the research was informed by the lack of gender-disaggregated data on the safety of journalists. The findings of the research indicated that: these three countries have legal frameworks for the promotion of press freedom and the safety of journalists including national constitutions but these mechanisms are not being utilized. Consequently, there is a need to approach the safety of journalists from a holistic point of view that includes focusing on physical, psychological, digital, and financial well-being.

The Director for Africa at World Association of News Publishers, Jane Godia, highlighted the work of WAN-INFRA to promote the safety of journalists online through engagements with newsrooms and editors to develop policies on online harassment and also provide safety and security training. She also referred to a case of a female Zimbabwean journalist who was scandalized online when she reported a case against her perpetrator for sexual harassment.

Thobekile Matimbe from Paradigm Initiative shared two tools to curb online threats – Ripoti and Ayeta. These are aimed at safeguarding digital rights, providing digital security report and providing a platform to report digital rights violations in Africa and the Global South.

Edetan Ojo from Media Rights Africa highlighted the mandate of the state to safeguard the safety of journalists even though the state is a leading perpetrator. He emphasized the need to pressure governments to uphold commitments at all levels and shared MRA’s experiences with public interest litigation to promote accountability for crimes against journalists.

Some key recommendations from the meeting included a call for efforts to improve the disaggregation of data on gender-based violence which remains critical for the advocacy of the safety of female journalists and the need to develop a methodology to monitor and document violence against female journalists.

The AFEX network is committed to engaging with stakeholders across the Africa to collaborate on policies to improve the safety of female journalists online and adopt recommendations from the meeting to enable the citizens of Africa operate in a safe digital space where their security and freedoms are protected both online and offline.

Statement by HRNJ-Uganda on the International Day to End Crimes of Impunity against Journalists

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Statement by HRNJ-Uganda on the International Day to End Crimes of Impunity against Journalists

The International Day to End Impunity for Crimes Against Journalists is a significant occasion that underscores the importance of press freedom, the safety of journalists, and the fight against impunity. This day, observed annually on November 2nd, serves as a global platform to raise awareness about the grave threats and challenges faced by journalists worldwide, and the urgent need to address these issues.

According to UNESCO the IDEI 2023 theme titled Violence against journalists, the integrity of elections, and the role of public leadership, seeks to raise awareness and sensitize public opinion and the international community on the main challenges faced by journalists and communicators in the exercise of their profession, and on the escalation of violence and repression against them. It also seeks to emphasize the situation of violence against journalists and media workers during election periods.

HRNJ-Uganda condemns, in the strongest terms, the acts of violence and intimidation perpetrated against journalists in the course of their work, particularly during electoral periods. A free and unhindered press is fundamental for holding leaders accountable and enabling citizens to make informed choices in elections.

Throughout the years, we have witnessed incidents where journalists have been assaulted, detained, harassed, or faced various forms of intimidation. These actions not only violate the rights and dignity of journalists but also undermine the principles of a democratic society.

We emphasize the indispensable role of public leadership in safeguarding press freedom and the protection of journalists. Public leaders hold a responsibility to foster an environment in which journalists can operate without fear, coercion, or violence.

As an organization committed to the defense of journalists’ rights, we call for the following actions:

  1. Immediate Investigations and Accountability: We urge the relevant authorities to swiftly investigate and prosecute all acts of violence against journalists. Impunity must end, and the perpetrators must be held accountable for their actions.
  2. Judiciary: We implore the judiciary to expeditiously hear all cases involving human rights violations against journalists.
  3. Public Leadership Responsibility: We call upon public leaders to demonstrate commitment to the principles of democracy by respecting press freedom and refraining from any form of violence or intimidation against journalists.
  4. Security agencies: We urge security agencies to protect and respect journalists’ rights especially as they go about their work.

HRNJ-Uganda reaffirms its commitment to defending the rights of journalists. A vibrant, free, and safe media is the cornerstone of democracy, and we remain dedicated to promoting these values. We invite all stakeholders, including the government, media houses, civil society, and citizens, to join us in this collective endeavor to promote the safety of journalists in Uganda.

Reduction in crimes against journalists should spur Zimbabwe to adopt UN Plan of Action – MISA

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Reduction in crimes against journalists should spur Zimbabwe to adopt UN Plan of Action – MISA

The drastic reduction in media freedom violations during Zimbabwe’s 2023 election cycle is a significant development which comes at a time when the world commemorates the International Day to End Impunity for Crimes against Journalists (IDEI) on 2 November 2023.

This positive development should spur the country to adopt and localise the United Nations Plan of Action (UNPA) on the Safety of Journalists into the country’s legislative frameworks.

This will demonstrate the country’s commitment to stemming crimes against journalists, considering that this year’s IDEI commemorations focus on Violence against journalists, the integrity of elections, and the role of public leadership.

Ending or reducing crimes (media violations) is at the core of guaranteeing the exercise of freedom of expression and the free flow of information for informed decisions and choices.

 In Zimbabwe’s case, the foundation for the role of public leadership in ending crimes against journalists was amply demonstrated in the pre-election and post-2023 election period through the implementation of the Police-Media Action Plan of December 2017.

The Action Plan was the culmination of a meeting between representatives of media organisations led by MISA Zimbabwe and the Zimbabwe Republic Police in Harare on 20 December 2017.

The meeting developed a raft of action plans to secure a safe and conducive working environment for journalists.

In Zimbabwe, crimes against journalists and media workers, as happens in other parts of the world, tend to increase during election cycles and involve law enforcement agents and political parties.

These violations involve the unlawful arrests, assaults, and harassment of journalists by state and non-state actors, such as supporters of political parties.

In line with the Police-Media Action Plan, MISA Zimbabwe, in conjunction with key stakeholders, took various steps and interventions ahead of Zimbabwe’s 2023 harmonised elections.

Nationwide engagement meetings were held with the police, media and political parties while the government reiterated its commitment to ensuring a safe media operating environment during the elections.

These interventions resulted in a vastly improved safety and security environment for the country’s journalists and media workers.

Following these meetings and the proclamation of the 2023 Zimbabwean elections on 31 May 2023 and the holding of the elections on 23 August 2023 (a period usually characterised by increased media freedom violations), only three (3) violations involving political actors were recorded.

No media violations involving the police or other security arms of the state were recorded during this period. However, on this day, we call upon the police to investigate all reported cases involving the assault or harassment of journalists.

If this downward spiral in media freedom violations continues to subsist, Zimbabwe is poised for further improvement in the World Press Freedom Index rankings as the elections were held in a drastically improved media operating environment.

In that regard, MISA Zimbabwe is of the firm view that the adoption and localisation of the United Nations Plan of Action (UNPA) on the Safety of Journalists as part of concrete efforts to end impunity of crimes against journalists, will be the clincher that will set Zimbabwe on the progressive path to the operations of a free and unhindered media.

AMDISS calls for investigation into murdered journalists

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AMDISS calls for investigation into murdered journalists

Juba, 2 November 2023–As people around the globe get together in solidarity with journalists on this International Day to End Impunity for Crimes Against Journalists, AMDISS reiterates its call on the transitional government of national unity to launch investigations into the killing of journalists in the country since the outbreak of the civil war in 2013.

On the 4th of October this year, AMDISS commended the government for taking a rightful decision to form a committee to investigate the death of journalist Christopher Allen and appealed to the government to expedite the investigation process as well as investigate the killings of all the other journalists in the country and make the findings publicly to serve justice to the families of the victims.

On this day, AMDISS reminds the government of the need for open civic space, protection of journalists, creation of a safe and conducive environment for the media and its practitioners to cover the upcoming general elections without censorship. This will allow journalists to interact with competing candidates freely, a practice that assures the public the credibility of the general elections.

This year, the media in South Sudan has continued to face harassment, threats, and confiscation of media gadgets among other cases. Meanwhile, the perpetrators of such violence against the media continue to enjoy impunity. As the country prepares for the general elections in 2024, the role of the media is crucial and ensuring accuracy, impartiality, and balanced, and timely coverage of electoral activities.

AMDISS urges journalists and media houses to uphold professionalism when doing their work by telling the absolute truth under all circumstances and treating the sources and subjects with the utmost responsibility to consolidate the public trust and confidence in the media.

AMDISS is an independent member-based media training and advocacy organization in South Sudan formed in 2003 to work towards creating an enabling environment for media freedom through advocacy and dialogue with stakeholders.

For more information on this press release, contact us at [email protected] or call +211922814414

AFIC appeals to ACHPR to pass resolution urging all members to urging all members to adopt respective national ATI laws

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AFIC appeals to ACHPR to pass resolution urging all members to urging all members to adopt respective national ATI laws

The African Freedom of Information Center (AFIC) has called on the African Commission on Human and Human Rights (ACHPR) to undertake promotional visits to countries yet to pass Access to Information Laws and encourage them to adopt ATI laws. AFIC also urged the Commission to request the Heads of State Summit of the African Union to adopt a resolution urging all members to adopt respective national access to information laws within the next one year.

Kindly read AFIC’s statement below.

 

Statement in Support of the Special Mandate on Freedom of Expression and Access to Information in Africa delivered by Mr Gilbert Sendugwa

 

Arusha October 2023

Hon Chairperson, Distinguished Hon Commissioners, State delegates, Ladies and Gentlemen,

Africa Freedom of Information Centre (AFIC) and its membership of 51 civil society organisations in 27 African countries, have the pleasure to commend the Special Rapporteur on Freedom of Expression and Access to Information in Africa for her leadership and excellent collaboration in the advancement of the right to information in Africa.

 Hon Chairperson;

The right to information is guaranteed under Article 9 of the African Charter on Human and Peoples’ Rights andis also recognised by the African Union in other five treaties including the African Charter on Democracy, Elections and Governance; the African Union Convention on Preventing and Combating Corruption; the African Charter on Values and Principles of Public Service and Administration; the African Union Youth Charter and the African Charter on Statistics.

We commend the Special Rapporteur on freedom of expression and access to information in Africa for her leadership in advocating for the ratification, domestication and effective implementation of these important treaties that are central to Africa’s integration and development agenda.

In November 2019 the African Commission on Human and Peoples’ Rights adopted the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa which in Principle 26 states that, “the right of access to information shall be guaranteed by law….”  

Earlier on in 2015, all members of the United Nations including all states parties to the African Charter on Human and Peoples’ Rights adopted by consensus, the Sustainable Development Goals (SDG) framework in which they committed under Goal 16.10 “to ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements”

Access to information is a fundamental human right, essential for the realisation of all other rights. It is also essential for the achievement of all SDGs as well as the African Union Agenda 2063. Not long ago, the world was faced with the Covid-19 pandemic where it was demonstrated that in many instances access to information can be the difference between life and death. Whether it is in facilitating prevention of the spread of the disease, effective management of patients or building support and effective reintegration of healed patients into their communities.

Access to Information is a critical for entrenching democratic governance and a vaccine to coup d’états.   In Africa today we are witnessing a resurgence of military coups, many taking place after election and electoral processes characterised by lack of information, misinformation and disinformation that discredit the process,undermine public trust and legitimacy of outcomes, creating conditions for exploitation by the militaries.

Hon Chairperson, Commissioners,

It is deeply concerning that 42 years after the adoption of the African Charter on Human and Peoples’ Rights, 27 African countries are yet to adopt national access to information laws to give effect to Article 9 of the Charter. These include Burundi, Cameroon, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Gabon, Guinea Bissau, Lesotho, Libya, Madagascar, Mali, Mauritania, Mauritius, Sahrawi Arab Democratic Republic, Sao Tome and Principe, Senegal and Somalia.

Chairperson, distinguished Commissioners;

Only seven years are remaining for the 2030 SDG framework to elapse. We therefore call upon the African Commission on Human and Peoples’ Rights to:

  1. Through urgent letters of appeal and other channels, urge the above listed countries to urgently adopt access to information laws taking guidance from the Model on Access to Information adopted by this Commission in the year 2013.
  2. Undertake promotional visits to these and encourage them to adopt ATI laws soonest
  3. Through the Commission’s next report request the Heads of State Summit of the African Union to adopt a resolution urging all members to adopt respective national access to information laws within the next one year.

Thank you for your kind attention

MISA calls on ACHPR to urge governments in Southern Africa to domesticate UN Plan of Action for Safety of Journalists

Vivian
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0
MISA calls on ACHPR to urge governments in Southern Africa to domesticate UN Plan of Action for Safety of Journalists
The Media Institute for Southern Africa on October 24 made a statement at the on-going 77th Ordinary Session of the African Commission on human and People’s Rights. The statement presented by Dr Tabani Moyo highlighted freedom of expression issues in Southern Africa and made recommendations on how the situation can be improved.
Kindly read the statement below.
Statement Presented by Dr Tabani Moyo (MISA Regional Director)
In 2022, we were optimistic that Southern Africa had turned the corner regarding attacks against journalists. However, we were jolted back to reality by the death of Ralikonelo Joki, the Lesotho broadcaster, who was shot and killed as he drove out of his work of employment. Before his death, Joki received death threats through social media platforms.

An age of democratic backsliding

Chairperson, Honourable Commissioners, state delegates, ladies and gentlemen, the Media Institute of Southern Africa MISA presents this statement during the 77th Session of the African Commission on Human and Peoples’ Rights (ACHPR).

This session is critical as we commemorate the International Day to End Impunity for Crimes against journalists. Last year, we commemorated the 10th anniversary of the United Nations Action Plan on the Safety of Journalists. Instead of celebrating progress over the past decade, we are witnessing democratic backsliding across the globe in general and in Southern Africa in particular, which is characterised by shrinking civil space.

● Shrinking civil space

Over the past few years, we have witnessed an increase in the number of countries that have introduced legislation that unimaginably constricts civil space. Southern African countries have claimed that the civil society laws they have introduced are meant to ensure these nations comply with the Financial Action Task Force (FATF) recommendations. The FATF recommendations, particularly Recommendation 8, which focuses on NGOs and the potential use of NGOs as vehicles for money laundering and terrorism financing, have become an albatross around the necks of civil society in Southern Africa. For example, Angola and Mozambique are in the process of enacting NGO laws. Malawi and Tanzania have enacted similar legislation, while Zimbabwe’s PVO Amendment Bill has been returned to the legislature.

We believe there is a need to engage the FATF on the far-reaching consequences of this legislation, and the ACHPR could be the right conduit for such a discussion. While the recommendation was well-meaning, the way it is implemented could have far-reaching consequences for civil society to play its watchdog role effectively, which could affect the quality of democracy. Instead of engaging individual governments on an ad hoc basis on these laws, the ACHPR could be the right platform to engage the continent collectively with the FATF to provide clarity and prevent democratic backsliding.

● Impunity for crimes against journalists

In 2022, we were optimistic that Southern Africa had turned the corner regarding attacks against journalists. However, we were jolted back to reality by the death of Ralikonelo Joki, the Lesotho broadcaster, who was shot and killed as he drove out of his work of employment. Before his death, Joki received death threats through social media platforms. The threats went uninvestigated. In the aftermath of Joki’s death, other journalists received similar death threats on social media. These were not investigated as well.

On March 28 this year, Blandina Sembu, a presenter with Tanzania’s ITV and Radio One (local stations), was found dead and her body thrown by the roadside. Her death remains unresolved. I want to point out that these deaths follow the enforced disappearance of the Mozambican journalist Ibrahimo Mbaruco, who has been missing for over three years. There is a lack of transparency in investigations over his disappearance. Furthermore, the Tanzanian journalist Azory Gwanda is yet to be accounted for several years after he went missing.

Impunity for crimes against journalists breeds self-censorship from media workers, who will resort to self-preservation and, ultimately, the death of investigative journalism. Where there is no investigative journalism, authorities are not held to account, leading to the death of democracy. This is the democratic backsliding alluded to earlier.

● Cybersecurity laws and surveillance

Artificial Intelligence’s growth in Southern Africa adds a new layer of uncertainty for an already vulnerable media fraternity. Surveillance is a massive threat to freedom of expression in the region. Governments must be more transparent in deploying surveillance equipment and the information they seek. As I have presented on this platform, a report released three years ago named Botswana, Zambia and Zimbabwe as the countries deployed surveillance equipment from the Israeli firm Circles. None of these countries have responded to the report, with this issue not even being discussed in the legislatures of any of these countries.

In countries with pervasive surveillance, sources of journalistic information and whistleblowers are too afraid to communicate with journalists. When whistleblowers cannot shine the light on dark spots because they fear surveillance, you know that democratic backsliding is in full motion and democracy is under threat.

Without proper safeguards for human rights, cyber security laws can be misused to stifle freedom of expression. Protecting human rights ensures that individuals can express their thoughts and opinions online without unwarranted interference or censorship. In particular, all laws must protect journalists’ work and sources.

In cases where governments are not transparent with how they use surveillance equipment, there is every reason to worry that deploying unchecked AI could be detrimental to freedom of expression and the media. This is because AI can be used for propaganda, misinformation, and disinformation. Information disorders are particularly worrisome because they can potentially affect public participation and citizen engagement.

Surveillance has a gendered aspect to it as well. This is recognised in the ACHPR Resolution 522 on protecting Women Against Digital Violence in Africa. Particularly so on the resolutions to undertake measures to safeguard women journalists from digital violence, including gender-sensitive media literacy and digital security training; and to repeal vague and overly wide laws on surveillance as they contribute to the existing vulnerability of female journalists.

• Elections and Expression

2023 – 2024 will be recorded as heavy on the region, with ten elections in 24 months. Elections, by their nature, due to the levels of contestation, exert pressure on expression and the media in the region. In 2024, we have a mixed bag of local, provincial, constituency and presidential elections in South Africa, Mozambique, Mauritius, Madagascar (2nd round), Botswana, Namibia and Malawi

Historically, the ACHPR, through its special mechanisms, contributed immensely as part of the shield upon which the peoples of the continent and region rely on as they escalate their struggles to promote and defend this centre-pivot right, upon which the rest of the enjoyment of the rights rests on. MISA stands ready to support the commission’s work in keeping the countries headed to elections in check.

MISA remains open to constructive engagement with the governments of Southern Africa through the Southern African Development Community secretariat.

We, however, urge the ACHPR to encourage the Governments of SADC to:

● Domesticate the United Nations Plan of Action for the Safety of Journalists so that the safety of journalists is guaranteed by law
● Ensure that the cybersecurity regulation is informed by the ACHPR Declaration on Freedom of Expression and Access to Information’s revised principles, which recognise the internet as a right.
● Domesticate the ACHPR Resolution 522 so that female journalists are protected online.
● Be transparent in how surveillance is used, and this should always be with judicial oversight.

Thank you!

The statement by MISA Regional Secretariat Director, Dr Tabani Moyo, was presented at the 77th Ordinary session of the African Commission of Human and People’s Rights in collaboration with the African Freedom of Expression Exchange (AFEX) on the 25th of October 2023, Arusha, Tanzania.

CIPESA, others, highlight effects of disinformation on the digital civic space in Africa

Vivian
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0
CIPESA, others, highlight effects of disinformation on the digital civic space in Africa

The effects of disinformation on the digital civic space have been put in the spotlight at the 77th Ordinary session of the African Commission on Human and Peoples Rights held in Arusha, Tanzania on October 16-18, 2023.

In a  panel session titled “Promoting rights-respecting government responses to disinformation in Sub-Saharan Africa,” speakers explored how disinformation affects online rights and freedoms including freedom of expression, access to information, freedom of assembly and association and participation especially in electoral democracy. Speakers at the session, which was part of the Non-Government Organisations (NGOs) Forum, were drawn from Global Partners Digital, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), ARTICLE 19 Senegal/West Africa, PROTEGE QV of Cameroon, and the Centre for Human Rights at the University of Pretoria.

Hlengiwe Dube of the Centre for Human Rights explored the general terrain of disinformation in Africa, including the steadily evolving information disorder. She also highlighted the LEXOTA disinformation tracker created by a project led by Global Partners Digital with several African partners,  which was intended to ensure that limitations and controls on freedom of expression and access to information, as well as assembly and association, are minimised.

Sheetal Kumar, the Head of Engagement and Advocacy at Global Partners Digital, said the tracker is an essential tool for exploring how laws and government actions against disinformation impact freedom of expression across Sub-Saharan Africa.  The tracker is an interactive platform that allows for real time checking and comparison of laws and actions taken in 44 out of 55 African countries in response to disinformation. It provides a reference point for developments and trends.

Edrine Wanyama, a Legal Officer at CIPESA, observed that disinformation has been widely employed by governments in Burkina Faso, Cameroon, Ethiopia, Kenya, Nigeria, South Africa, Tanzania, Uganda  as a excuse to enact laws and adopt regulations and  policies that to curtail the digital civic space. As a result, access to the internet, access to information, freedom of expression, assembly and association and citizen participation in electoral democracy have been widely limited. Wanyama said that, as noted in the CIPESA research on Disinformation Pathways and Effects: Case Studies from Five African Countries, internet shutdowns during elections such as in Tanzania and Uganda were partly justified as a measure against disinformation, but led to questions about the credibility of the elections.

While discussing the advocacy initiatives undertaken by the project, Sylvie Siyam, director at Protege QV, noted that during the Covid-19 pandemic, some governments introduced measures to combat disinformation which contravene regional and international human rights standards. She said some of those measures remain in place and continue to be used to curtail freedom of expression, access to information, assembly and association.

She called for multi-stakeholder engagement especially involving CSOs, parliaments, and relevant government entities to pursue progressive policy reforms such as was witnessed by the adoption of the access to information law in Zimbabwe.

Most of the strategies employed by states to combat disinformation largely interfere with civil liberties. Laws and policies are often utilised to limit the space within which key players such as law dons, political dissidents, human rights defenders, journalists and online activists operate. The pinch has been widely felt through increased arrests, denial of fair trial rights, denial of participation in electoral democracy, censorship of the press, curtailment of freedom of expression and access to information and limiting enjoyment of economic freedoms.

Alfred Bulakali, Deputy Regional Director of ARTICLE 19 Senegal/West Africa, observed that disinformation endangers  civic space given the regressive measures that states often take, such as the enactment and adoption of retrogressive legislation. He called on states to use human rights-based approaches when responding to disinformation as a means to safeguarding civil liberties. Bulakali also stressed the need for capacity building of CSOs to effectively challenge regressive and draconian laws.

The five partners provided the following joint recommendations for inclusion in the NGOs Statement to the African Commission on Human and Peoples’ Rights (ACHPR) 77th Ordinary Session.

Recommendations for States:

  1. Review and revise disinformation laws to align with international and regional human rights law and standards, eliminating general prohibitions on vague and ambiguous information dissemination. Ensure they have a narrow scope, adequate safeguards, and cannot be weaponised against journalists and human rights defenders. Review punitive measures, repeal laws criminalising sedition and defamation in favour of civil sanctions, and ensure compliance with international human rights laws.
  2. Develop and implement laws that combat disinformation openly, inclusively, and transparently, consulting with stakeholders. Train relevant authorities on regulations without infringing human rights, clearly communicate penalties, and build safeguards against misuse.
  3. Build the capacity of relevant actors to address disinformation in compliance with international standards. This includes addressing disinformation with multi-stakeholder and multi-disciplinary solutions, including media literacy training, empowering fact-checkers, journalists, legislators, and regulators, taking into account vulnerable and marginalised groups, in compliance with international standards.
  4. Conduct awareness-raising programmes on the information disorder.
  5. Desist from resorting to disproportionate measures that violate human rights like internet shutdowns or website blockages in response to disinformation.
  6. Enact and enforce access to information laws with proactive disclosure of credible and accurate information.
  7. Create a conducive environment that promotes healthy information ecosystems and ensures that citizens have access to diverse, reliable information sources, either proactively or upon request, in line with international human rights standards on access to information.
  8. Fully enforce decisions and frameworks on decriminalisation of defamation and press libel, restrain from using specific laws to repress speech and media for information disclosure under vague disposals relating to false news.
  9. Integrate Information and Media Literacy into the curricula of journalism training centres and schools.
  10. Train law enforcement actors on public information disclosure, the protection of freedom of expression in their approach to tackling disinformation and the prevention of public and political propaganda and information manipulation.

Recommendations for Civil Society Organisations:

  1. Monitor, document, and raise awareness of illegitimate detentions or imprisonments related to disinformation charges.
  2. Strengthen the advocacy and capacity building initiatives that support legal reforms for human rights legislations and policies tackling disinformation.
  3. Include digital and media literacy in advocacy initiatives.

Recommendations for Regional and International Bodies:

  1. Issue clear guidance on how states should develop and enforce disinformation legislation in a rights-respecting manner, including through open, inclusive, and transparent policy processes and multi-stakeholder consultations.
  2. Denounce the use of disinformation laws for political purposes or to restrict the work of journalists and legitimate actors.
  3. Integrate information disorder as a priority in human rights, rule of law, democracy and governance frameworks under development cooperation (bilateral and multilateral cooperation) and access to information as a tool to achieve accountability on public governance and the Sustainable Development Agenda.

Additional Recommendations to the African Commission Special Rapporteur on Freedom of Expression and Access to Information and other African Commission Special Mechanisms:

  1. Collaborate with stakeholders to address the information disorder in Africa.
  2. Promote the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa for addressing the information disorder.
  3. Continuously monitor and document disinformation trends and expand the normative framework to combat disinformation.
  4. Organise country visits in member countries where disinformation laws and press libels are used to restrict speech and citizen engagement.
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