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Somalia: UN Rights Experts Raise Alarm at Growing Persecution against Trade Unionists

Felicia Anthonio
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GENEVA (4 May 2016) – A group of four United Nations human rights experts today urged the Government of Somalia to halt the continuous acts of intimidation and reprisals against members and leaders of two Somali trade unions, and to stop interfering in the unions’ internal affairs and activities.

“States have the obligation to respect and fully protect the rights of all individuals, including trade unionists, to associate and express themselves freely,” the experts stressed. “It is crucial that these individuals can exercise their rights without fear of violence, threats or acts of intimidation, smear campaign or harassment of any sort.”

Since 2011, members and leaders of the Federation of Somali Trade Unions (FESTU) and the National Union of Somali Journalists (NUSOJ) have been threatened and intimidated by both anonymous persons and by State officials.

NUSOJ’s Secretary-General, Omar Faruk Osman, and its Organizing Secretary, Abdiqani Sheik Mohamed, have been particularly targeted. In December 2015, Mr. Osman survived an assassination attempt in Mogadishu. The police reportedly opened an investigation, but it has been inconclusive.

Additionally, the human rights experts expressed serious concerns about acts of reprisals against Mr. Osman, that have followed the intervention of the International Labour Organization (ILO) urging the Somali authorities to comply with their international obligation regarding trade unions ‘rights.

They were alarmed at a complaint against him, dated 29 February 2016, accusing him of cooperating with international organizations and trying to harm the reputation of the Somali government.

During the time of the investigation, Mr. Osman will be prevented from traveling, his passport will be confiscated, he will be summoned if he happens to be out of the country and, should he fail to return following the summons, Interpol will be involved in his arrest warrant, the human rights experts pointed out.

“Such actions are particularly disturbing, and we call on the authorities to stop any act of reprisal, to hold the perpetrators of the reprisals and earlier threats accountable without delay and provide protection to Mr. Osman, his family and colleagues,” they urged.

The UN human rights experts noted that FESTU and NUSOJ leaders and members have also frequently been arrested and interrogated on their union and human rights activities, and have faced undue travel restrictions. In addition, the Somali authorities have interfered with the union’s internal affairs and activities, banning for instance the NUSOJ’s general assembly in February 2016.

“The Somali Ministry of Information attempted to designate a State official at the leadership of NUSOJ, and issued a press release on State-own media in which it did not recognize Mr. Osman as the elected Secretary-General of this union,” they said.

The UN human rights experts also expressed serious concern about the threats of reprisals against Mr. Osman, despite assurances made by the Government during the recent mission to the country by the UN Independent Expert on the human rights situation in Somalia, that it would respond to the concerns officially raised by a group of UN experts on 13 April 2016.

The Somali Federal Government has not yet responded to the experts’ communication, but instead issued the threats of reprisals to Mr. Osman shortly after the mission of the Independent Expert had concluded.

“Somalia is not fulfilling its international human rights obligations and the situation for trade unions keeps on worsening despite specific recommendations made by the International Labour Organization’s Governing Body urging the Somali Government to refrain from any further interference in the unions registered in Somalia, with particular reference to the NUSOJ and FESTU,” the experts said.

The experts: Mr. Bahame Tom Mukirya Nyanduga, Independent Expert on the situation of human rights in Somalia; Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders

The Special Rapporteurs and Independent Experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Learn more, log on to: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx

UN Human Rights, country page – Somalia: http://www.ohchr.org/EN/Countries/AfricaRegion/Pages/SOIndex.aspx

For more information and media requests, please contact Ms. Marion Mondain (+41 22 91 79 540 / [email protected]), Mr. Guillaume Pfeifflé (+41 79 109 6873 / [email protected]) or write to [email protected]

See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19924&LangID=E#sthash.kPuXAvV1.dpuf

The 1991 Windhoek Declaration: How Far have We come?

Felicia Anthonio
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The 1991 Windhoek Declaration: How Far have We come?

This Statement was originally published on whk25.misa.org.

On the occasion of World Press Freedom Day 2016, the Media Institute of Southern Africa (MISA), salutes all the champions of media freedom and freedom of expression across the world who have assumed the risks associated with such an effort.

We wish to pay our deepest respects to all journalists who have lost their lives in the line of duty; our thoughts go out their families, friends and colleagues who will miss them for the rest of their lives.  We also extend our prayers and solidarity to those who are incarcerated for simply seeking out and imparting information in a manner that is consistent with all rights and responsibilities. Their struggle is ours and we live in the hope that justice will soon visit them.

World Press Freedom Day each year presents an opportunity to evaluate press freedom around the world. This year in particular we stretch our sights further back to May 3, 1991, when the Windhoek Declaration on Promoting Independent and Pluralistic Press was born in Windhoek, Namibia. We pay special tribute to the journalists who drew up the Declaration. They set up a beacon that illuminates the goal of conveying stories for honourable reasons, rather than for the narrow pursuit of power, wealth or religious orientation.

In a special effort to review 25 years of the Windhoek Declaration MISA is issuing a special publication that attempts to answer the question: how far have we come since the adoption of the 1991 Windhoek Declaration? The articles are freely available to the media to extend their reach as a public information service to citizens in Africa. The articles can be accessed on a dedicated website whk25.misa.org as well as adapted content for online media and videos from young Africans. Through these video messages African youths share their views on the kind of media they want. We encourage media houses to use this content to spread the gospel of press freedom, today and in the future.

The media are concerned with shaping public opinion, mediating the debate between the state and civil society. In addition the media acts as a watchdog over public processes and ensures that those who hold power do not abuse it in order to advance or promote their own individual interests. It is this sacrosanct mandate that makes free media a prerequisite to development and the promotion of democracy, human rights and good governance.

Democracy, we believe, is about empowering citizens so that they are able to actively take ownership of their own growth and development objectives. On a daily basis, media facilitate this activity and go on to give solid meaning to what exactly human rights, freedom of expression and media freedom are to the ordinary citizen.

It is also for this reason that MISA, through the African Platform on Access to Information (APAI) – has been actively involved in the campaign on freedom of, and access to information. It is our strongest belief that information is power only when it can be productively used by the public and gives citizens the greatest opportunity to make decisions that enable them to question the sincerity and honesty of those who have been trusted with positions of power.

Whilst there has been a dramatic increase in the number of access to information laws on the continent – 19 to date – the right to access information on issues that affect people’s livelihoods remains beyond the grasp of the majority of African people. It is heartening to note however that the Sustainable Development Goals formally recognize the need to “ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements”. Another advocacy victory, driven by of the APAI Working Group, sees Unesco recognising September 28 each year as the International Day for Universal Access to Information. Finally a day has been reserved to discuss, among others, the adoption and effective implementation of the national right to information laws in line with continental and international standards and obligations.

However, we remain extremely apprehensive about media policy developments in South Africa where proposed legislation, which the media sector and rights activists are railing against, includes the Broadcasting Amendment Bill, the Films and Publications Amendment Bill, the Cybersecurity and Cybercrimes Bill and the hotly debated Protection of State Information Bill (dubbed the Secrecy Bill).

In Zimbabwe, despite the adoption of a progressive Constitution in 2013 that guarantees media freedom and freedom of expression, the country has not seen any meaningful shifts in its media legislation or policies. Rather President Mugabe is hinting at plans to introduce more stringent monitoring of the internet and other social media platforms, in attempts to reduce the so-called abuse of the technology by Zimbabweans.

Presently the Parliament of Botswana has before it a proposed Whistleblower Bill that is aimed at criminalising whistle blowing to the media or any other person besides those directed in the Bill. In Namibia, the highest-ranking African country on press freedom indices, the Minister of Information and Communication Technologies (MICT) offers an access to information law as a trade-off for increased media regulation.

Free expression in Angola has been heavily curtailed. Despite worldwide condemnation, 17 young activists were jailed, some for more than eight years, for rebelling against the government after they organised a reading of US academic Gene Sharp’s book entitled From Dictatorship to Democracy: A Conceptual Framework for Liberation.

The airwaves too, continue to be a contested terrain with an ever-growing reluctance to open up to alternative voices and players. This is inconsistent with, for example, the African Charter on Broadcasting which clearly states that “the legal framework for broadcasting should include a clear statement of the principles underpinning broadcast regulation. This includes respect for freedom of expression, diversity, and the free flow of information and ideas, as well as a three-tier system of broadcasting: public service, commercial and community.”

Even more worrying is the political rhetoric that has accompanied discussions on the role of the internet in publishing. The majority of governments on the continent have branded the internet as a tool for regime change. From Burundi to Uganda, Ethiopia to Egypt access to the internet and/or telecommunications networks is summarily blocked and at critical times when public dialogue and access is most important. These actions, in our view, represent, a profound lack of understanding of what the internet is, especially its democratising function.

It is MISA’s sincere hope that on this occasion, all introspection, discussions and debates result in the good of journalism, greater freedom for journalists and ultimately a better informed and knowledgeable citizenry.

Access to Information in Africa- AFEX Urges Governments to do more

Felicia Anthonio
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Access to Information in Africa- AFEX Urges Governments to do more

As the World marks Press Freedom Day today under the theme, “Access to Information and Fundamental Freedoms: This is your Right!”, the African Freedom of Expression Exchange (AFEX) network wishes to highlight the situation of Access to Information (ATI) on the continent.

Access to Information (ATI) has been recognised as an important anti-corruption tool and a cornerstone for development. When citizens have access to information, they are well informed and consequently, empowered to participate in governance which is a fundamental factor in the development of every democracy.

The passage of ATI laws guarantees and empowers citizens to hold governments accountable by seeking and receiving information on how their national resources are used and managed. It promotes the realisation of economic, political, civic and social rights of the public.

The African Freedom of Expression Exchange (AFEX) network notes the gradual increase in the number of African countries that have passed ATI laws within the past sixteen years.

Between 2000 and March 2016, nineteen African countries have passed Access to Information (ATI) laws. South Africa was the first African country to pass the ATI law. Angola and Zimbabwe followed suit making the Southern Africa region a model for passage of the law. Uganda and Ethiopia in the East African region also passed the ATI laws in 2005 and 2008 respectively. Liberia paved the way for the West African region in 2010. Between 2010 and 2016, eight West African countries have passed ATI laws making West Africa, the region with the highest number of countries with ATI laws. Up to date, five countries in Southern Africa, five in Eastern Africa, eight in West Africa; and Tunisia in Northern Africa have ATI laws bringing the total number to nineteen.

Unfortunately, no country in Central Africa has passed an ATI. The process for the passage of the ATI law in Central Africa has been at a slow pace. The ATI law process which began in 2009 in the Democratic Republic of Congo (DRC), for example is currently going through second reading in the Senate before being passed. As required by Congolese laws, it will then go through the same process in Parliament before its passage.

Despite the progress made in West Africa regarding the passage of ATI laws, about half of the countries in the region are yet to give their citizens the legal right to access public information.

However, even though the passage of ATI laws guarantees citizens’ right to access and receive information freely, it is quite often not the case in practice. A number of prohibitive acts conflict with access to information laws. For instance, the Access to Information and Privacy Protection Act and the Public Order and Security Act widely limit Zimbabweans access to information and restricts the dissemination of information in Zimbabwe even though the country passed its ATI law as far back as 2000.

As we mark Press Freedom Day today, AFEX commends the 19 countries on the continent that have shown commitment to guaranteeing their citizens the right to access and receive information by passing ATI laws. We urge the governments of these countries to ensure that the passage of these laws do not simply represent a symbolic gesture by effectively implementing in the ATI laws in practice. AFEX is also urging countries that are yet to adopt ATI laws to fast-track the process to ensure that their citizens can access and receive public information.

World Press Freedom Day is globally observed every May 3, to reiterate the need to promote Press Freedom and to reflect on ways of promoting the media’s role in development.

Detained Gambian Journalist Disappears

Felicia Anthonio
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Detained Gambian Journalist Disappears

The statement was originally published on mfwa.org on April 22, 2016.

Information reaching the Media Foundation for West Africa (MFWA) indicates that detained journalist Alhagie Abdoulie Ceesay has disappeared.

According to MFWA’s sources, Ceesay was reportedly taken to hospital on April 12, 2016 and was reported missing from the hospital on April 20.

While newspaper and official reports claim Ceesay has escaped from the hospital, many believe he has been killed.

“Prison authorities claim he escaped but that’s illogical as he is being watched 24 hours. The family also confirm that they are not in contact with him,” a source said.

Ceesay, who has been in detention for over nine months was first arrested on July 2, 2015, briefly released and re-arrested. After a two-week detention in which Ceesay was held incommunicado with no access to a lawyer or his family, he was brought before a Magistrates Court on August 4, 2015 and charged with a single count of sedition. The prosecution accused him of distributing photos of Gambian President Yahya Jammeh with a gun pointed at him. On November 18, 2015, while the case was still ongoing at the Magistrates Court, the state pressed a fresh seven-count charge against the journalist. The case before the Magistrates Court was later withdrawn.

His reported disappearance comes barely a week after opposition figure, Solo Sandeng died in custody for leading a pro-democracy protest on April 14, 2016 in Banjul. Sandeng together with more than 20 others were reportedly arrested by paramilitary personnel and taken to the infamous Mile II Prison. They were reportedly transferred to the headquarters of the notorious National Intelligent Agency where they were allegedly tortured. Sandeng reportedly went into coma and died on April 16.

The MFWA is worried that Ceesay’s case is sadly taking the course of journalist Ebrima Manneh who disappeared while in detention in 2007. Manneh, a reporter with the Daily Observer, was arrested by plainclothed officers from the National Intelligence Agency (NIA) at his newspaper’s office on July 7, 2006. After his arrest, Manneh was spotted on several occasions being moved in and out of various police stations and detention centres. One year after his arrest, the MFWA received reports that Manneh was hospitalised for high blood pressure at The Gambia’s main hospital and was being watched by paramilitary officers. Despite overwhelming eyewitness evidence that the government arrested and detained Manneh incommunicado, the government has repeatedly denied taking him into custody. Manneh has since not been seen.

The MFWA calls on ECOWAS and AU to independently investigate Ceesay’s alleged escape to ensure the journalist’s safety and also prevent a recurrence of the Ebrima Manneh case.

Uganda: Premises of HRNJ Attacked by Assailants

Felicia Anthonio
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This statement was issued by HRNJ-Uganda on April 14, 2016

On April 10, 2016, the premises of HRNJ-Uganda were broken into by unknown assailants. The break in started at about 4:00PM, when a youthful lady approached the security guard on duty and requested him to open to which he complied. Upon querying her, he then offered her a seat just by the guard’s booth. They seemed to converse and later, she stepped out of the compound, only to return with some food and shared it with the guard. Moments after consuming the food, the guard blacked out.

There after some two (2) able bodied young men were shown jump over the fence and approached the security guard’s booth where he could have been lying unconscious. These two (2) young men then used the keys they picked from the security guard’s booth to open for other two (2) men that came in through the gate carrying metallic equipment.  Then four (4) men are shown moving around the building touching different doors and windows. They left the premises without breaking into the office due to the strong security measures that HRNJ-Uganda has re-enforced like installing cameras, installing another access door at the back, an alarm system and replacing the old burglar proofing and enhanced lighting system around the office .

When staff reported to office on Monday morning, they found the night guard unconscious in his booth and called the security firm -Detail Protection Services to come over and take him to hospital which they did. It came off as a normal sickness, so was taken to Mulago hospital. The day went on normally, but in the evening of April 11, 2016, the guard on duty wanted to close up the main gate but could not locate the padlocks which prompted him to contact at the staff still at office. They traced for the padlocks but to no avail which prompted a review of the cameras that previewed the entire events of the previous night.

 We have since reported the matter to Old Kampala Police Station and hope that full investigations into this intrusion will be undertaken. A police detective and scene of crime officer have since visited the offices.

This trend of office break-in has been going on for a while with human rights organisations targeted in the country. HRNJ-Uganda was last broken into on the night of June 29, 2015 with the robbers making away with computers, valuable documents, money safe and other property worth 45 million shillings.; it was also broken into in May 2013 while still at its old premises at Mengo, forcing it to shift to its current premises. Both cases were reported to police but no reports have since been made.

This notwithstanding, HRNJ-Uganda is in a sound position and dully carrying on with delivering on its mandate of defending and promoting media freedoms and journalists’ rights.

Benin: Newly Elected President Needs to Prioritise Freedom of Expression in the Country

Felicia Anthonio
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Benin: Newly Elected President Needs to Prioritise Freedom of Expression in the Country

 This dossier was originally issued by the mfwa.org on April 8, 2016.

On March 20, 2016 the people of Benin elected businessman, Mr. Patrice Talon, as the country’s new leader after second round of voting. Characteristic of the country’s democratic track record in elections, outgoing President, Yayi Boni, did not seek a third term and when his ruling party lost the election, its candidate, Prime Minister Lionel Zinsou, graciously conceded defeat.

As an indication of readiness for further progress, President Talon, even before he was sworn in, indicated that one of his priorities will be constitutional reforms that will bring more political and economic freedoms to the people. So this may be the right time, to present to him one of the critical areas that he has to focus his attention on – enhancing and protecting the right of citizens to freely express themselves. The Media Foundation for West Africa (MFWA) therefore presents highlights of incidents of free expression violations in the country over the past year which deserves President Talon’s attention.

From January 2015 to March 2016, Benin has witnessed 11 reported cases of freedom of expression violations. These include violations of freedom of assembly rights, attacks on journalists and attempts on the lives of individuals for expressing their opinions.

Prior to the presidential election on March 6, 2016, four (4) incidents of violations occurred. The Minister of Foreign Affairs asked the police to drive away a crew of journalists who requested an interview from him.  Within the same period, a cleric was threatened for endorsing the then presidential candidate, Patrice Talon. Two opposition rallies were also banned.

In 2015, the country witnessed seven (7) incidents of violations. Among these violations was the suspension of a newspaper by the regulatory body Haute Autorité de l’Audiovisuel et de la Communication (HAAC). The newspaper’s suspension followed an article it had published criticising the then President, Yayi Boni, and a member of parliament which was deemed “abusive” by HAAC. In another incident, a foreman of a construction company physically attacked a television crew in their line of duty.

In two other cases, police attacked and fired tear gas on demonstrators. Later the demonstrators went to a television station to share their story and were arrested by the police. Prior to that incident, a female military officer had intimidated and threatened a newspaper staff over an article published about her.

In another incident, three journalists Ozias Sounouvou, Prévert Noutèhou and Renaud Acakpo, of state-owned Office de Radiodiffusion et Télévision du Bénin (ORTB) were banned from presenting news on set after Sounouvou criticised President Yayi for participating in a press freedom rally in France while he had failed to  promote freedom of expression in Benin. Prior to the ban, Sounouvou had received several threatening phone-calls from unknown persons.

Unfortunately majority of these violations were carried out by state actors with police and state officials being the main perpetrators.

The MFWA therefore requests President Talon to prioritise improving the freedom of expression situation in the country to help consolidate Benin’s democratic gains by passing access to information law, decriminalising press offences and demonstrating zero tolerance for acts of impunity against journalists.

The MFWA takes this opportunity to congratulate President Talon on his victory and to assure him and the people of Benin of the organisation’s commitment to support media development and professionalism in the country through our partner, l’Observatoire de la Déontologie et de l’Ethique dans les Médias (ODEM), to help improve responsible journalism in the country.

Ghana: Danish Journalists Harassed, Equipment Seized by Security Forces

Felicia Anthonio
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This statement was originally issued by the mfwa.org on April 14, 2016.

On April 10, 2016 security forces stationed at Saaman, a mining community in the Eastern Region of Ghana harassed three Danish journalists from Impact TV, a Denmark-based television station. The security forces also forcefully seized their filming equipment.

The three journalists, Jorgen Ebbe Christensen, Troels Kingo, and Sandra Haugaard were in the country to record a documentary on mining and environment in Ghana. The team had complied with a recently introduced obnoxious and media censoring directive by the Information Services Department (ISD) that require journalists working for foreign media to seek authorisation before conducting any filming activity in the country. The ISD’s authorisation to the Danish journalists had listed the filming of Saaman as part of what has been approved for their coverage.

According to MFWA’s sources, after the team finished filming and were returning, they were accosted by military personnel who had been stationed to offer security at Kibi Goldfields Limited, a local mining firm in the Saaman area. The security forces together with officials of the mining firm forcefully seized the equipment questioning why they had conducted filming within their mining concession.

The incident was subsequently reported to the police in Koforidua, capital of the Eastern Region. The equipment was also subsequently presented to the police and is yet to be released. According to sources the mining company is insisting on accessing content on the video recording equipment before deciding whether to release it or not.

The MFWA finds this development extremely worrying as it infringes on the rights of the journalists and limits the boundaries of media freedom in the country. The MFWA is equally worried about the implementation of the absurd policy by the ISD which seeks to impose direct censorship on journalists working for foreign media.

A recent authorisation issued to foreign journalists by the ISD in line with the policy, lists specific areas and fields that the journalists are allowed to cover and directs the crew to operate “strictly within the mandate given them.”

The said authorisation also required that after the filming, the journalists should “ensure that copies of the video clips are made available to the Information Services Department for Conformity Reality Check before the videos are aired publicly.” This, the ISD said, was a directive by the National Security Council Secretariat.

The directive clearly imposes direct censorship of the media and clearly contravenes provisions in Article 162(2) of Ghana’s 1992 constitution, which states that: “Subject to this constitution and any other law not inconsistent with this constitution, there shall be no censorship in Ghana.”  The ISD’s policy is also at variance with Clause 4 of the same Article of the Constitution: “Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by Government, nor shall they be penalized or harassed for their editorial opinions and views, or the content of their publications.”

The MFWA condemns the attack on the Danish journalists and also calls on the ISD to withdraw the censorship policy.

Angola: AFEX condemns Imprisonment of 17 Angolan Human Rights Activists

Felicia Anthonio
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The African Freedom of Expression Exchange (AFEX) is alarmed at the farcical conviction of 17 Angolan activists on charges of attempted “acts of rebellion” and “criminal conspiracy” against the state.

The 17 activists, all members of the “Luanda Book Club” were first arrested in June 2015 by the Angolan police at a book club gathering. The meeting was convened to read and critique the unpublished manuscript of the book Tools to Destroy a Dictatorship and Avoiding a New Dictatorship – Political Philosophy for the Liberation of Angola, written by journalist Damingos da Cruz. Two of them, Laurinda Gouveia and Rosa Conde were released shortly afterwards.

The remaining 15 activists were arbitrarily detained without trial for over five months. During their detention, a number of them went on hunger strike and one of them reportedly attempted suicide. Following an outcry by local and international human rights groups, they were released and placed under house arrest in mid-December.

The activists involved are Henrique Luaty da Silva Beirão, Domingos da Cruz, Manuel Chivonde (Nito Alves), Nuno Álvaro Dala, Afonso Mahenda Matias (Mbanza Hanza), and Nelson Dibango Mendes dos Santos. The others are Hitler Jessy Chivonde (Itler Samussuko), Albano Evaristo Bingocabingo, Sedrick Domingos de Carvalho, Fernando António Tomás (Nicolas o Radical), and Arante Kivuvu Italiano Lopes. The rest are Benedito Jeremias, José Gomes Hata (Cheick Hata), Inocêncio António de Brito, and Osvaldo Caholo.

The trial of the 17 activists including the two who were initially released began in November 2015. After several postponements, they were finally sentenced to prison terms ranging from two years three months to eight and a half years ch 28, 2016 by a Provincial Courtn Luanda. Damingos da Cruz was sentenced to eight and a half years in prison for preparatory acts of rebellion. Henrique Luaty da Silva Beirão was sentenced to five years and six months for the above mentioned crime and alleged “falsifying of documents”. Rosa Conde and Benedito Jeremias were sentenced to two years three months. The remaining activists were sentenced to four years and six months.

AFEX finds the action of the Angolan government unacceptable and an attempt to clamp down on freedom of assembly and association, and freedom of expression in the country. We therefore join the international human rights community to condemn this blatant abuse of the rights of the activists. AFEX calls on the Angolan government to release the 17 activists immediately and unconditionally, and ensure that they are not subjected to further harassment, intimidation or threats.

Angola is a signatory to the International Covenant on Civil and Political Rights and other international protocols which provide for the enjoyment and protection of free speech. The right to freedom of expression is also guaranteed by the Angolan constitution and must therefore be respected. We therefore call on the Angolan government to give meaning to the international protocols and the Constitution of the Republic by respecting the right to free expression, including the views and opinions of dissidents in the country.

Liberia experiencing downward trend in freedom of expression, information

Felicia Anthonio
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Liberia experiencing downward trend in freedom of expression, information

This statement was originally published by the Center for Media Studies and Peacebuilding (CEMESP) on 17 March 2016.

The Center for Media Studies and Peacebuilding, (CEMESP) has noted with dismay the progressive slide in Liberia’s freedom of information and freedom of expression as a troubling development for civil liberties.

In the face of recent political disturbances expressed in running battles between the police and protesters, firing statements, threats and arrests involving government and opposition operatives, CEMESP’s Executive Director Malcolm Joseph says the trend does not bode well for the consolidation of fragile peace at this time when UNMIL peacekeepers are working on a final drawdown plan.

Malcolm Joseph has especially raised caution about the connection between building a democracy on the foundation of openness, accountability and free speech and the maximization of growth and development that sustains peace.

CEMESP is thus imploring all and sundry to deplore the confrontational posturing and return to basics – respecting democratic ethos that stress conscionable adherence to freedom of information and expression.

“We note with disgust the flaring of misguided speech to foment chaos, much as we are calling on government to deliver on responsibilities that ensure institutional and individual obligations to disclose information as required by law, [and] promote media pending reforms that ensure equal access and voice to all,” Joseph is quoted in a release issued yesterday.

CEMESP is concerned that the current mood of agitation and reactionary posturing from government, opposition political parties and self-styled human rights activists, can only be self-serving – for which reason moderation must be exercised by all involved.

“Those who are predisposed to building capital on the woes of the Liberian people – be they politicians in and out of government – must have a rethink and see the futility of the effort. We must state emphatically that Liberian people are no means to end but end in themselves,” Malcolm Joseph pointed out.

CEMESP has therefore decided to henceforth embark on empirical stock-taking and publish a score card on freedom of information and speech as an exercise in naming and shaming anti-democratic forces bent on derailing the hard won peace.

Nigeria: Judge Directs NGOs to put National Assembly ‘On Notice’ Over Anti-Social Media Bill

Felicia Anthonio
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Originally issued by MRA on March 24, 2016

A Federal High Court in Lagos has directed that the National Assembly be “put on notice” before the court would consider an application seeking to restrain both the Senate and House of Representatives from passing the Frivolous Petitions (Prohibition, Etc) Bill, otherwise known as the Anti-Social Media Bill.

Justice Mojisola Olatoregun-Ishola gave the directive while declining to grant a motion exparte brought by three non-governmental organizations (NGOs), Enough is Enough Nigeria (EIE); Media Rights Agenda (MRA) and Paradigm Initiative Nigeria (PIN), in a suit challenging the constitutionality of the proposed Law.

Mr. Olumide Babalola, lawyer to the NGOs, had brought the motion on March 23,  asking the court to issue an interim injunction to restrain the National Assembly from taking further steps at deliberating on and/or reading the Frivolous Petitions (Prohibition etc.) Bill 2015 for the purpose of passing it into law pending the hearing and determination of the substantive suit pending before the court.

The organizations also sought an interim order of the court directing the parties in the suit to maintain the status quo pending the hearing and determination of the suit and to refrain from all acts that would undermine the adjudicatory powers of the court over the subject matter of the suit pending the hearing and resolution of the suit.

Observing that the suit is a very crucial one, Justice Olatoregun-Ishola  said the Senate and House of Representatives ought to be in the know.  She, however, advised Mr. Babalola not to hesitate to approach the Court if there is any adverse act by the National Assembly on the matter during the Easter vacation.

The respondents in the suit filed on March 21 by Mr. Babalola on behalf of the NGO are the President of the Senate, the Speaker of the House of Representatives, the National Assembly, Senator Abdulfatai Buhari, Chairman of the Senate Committee on Information, Communications Technology and Cybercrime; Senator David Umaru, Chairman of the Senate Committee on the Judiciary; Senator Samuel Anyanwu,Chairman of the Senate Committee on Ethics and Privileges;  Senator Bala Na’Allah, the Deputy Majority Leader of the Senate and sponsor of the Bill; and the Attorney-General of the Federation.

In the substantive suit, the NGOs are seeking:

  • A declaration that the first seven Respondents’ legislative reading and attempt to pass the Frivolous Petitions Bill into Law is illegal and unconstitutional as it violates their fundamental rights to freedom of expression and the press, and the right to privacy of citizens, their homes, their correspondence, telephone conversations and telegraphic communications as guaranteed by Sections 37 and 39 of the 1999 Constitution, as amended, and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004;
  • A declaration that the first seven Respondents’ legislative reading and attempt to pass the Bill into Law is illegal and unconstitutional as it is likely to violate their rights to freedom of expression and the press and the right to privacy of citizens, their homes, their correspondences, telephone conversations guaranteed by sections 37, 39 and 46 of the 1999 Constitution, as amended, and Article 9 of the African Charter;
  • A declaration that the first seven Respondents’ deliberations, committee meetings, public hearings of the Bill with the aim of passing it into Law is illegal and unconstitutional as it is likely to violate their fundamental rights to freedom of expression and the press;
  • A perpetual injunction restraining all the respondents, their agents, officers and/or   representatives from further considerations giving effect to and/or passing the Bill into Law as it violates extant provisions of Sections 37 and 39 of the Constitution and Article 9 of the African Charter; and
  • A perpetual injunction restraining the first seven Respondents , their agents, officers and/or representatives from further  deliberating, meeting and/or reading the Bill with the aim of passing it into Law.

The NGOs are contending that the provisions of the Bill are not justifiable in a democratic setting and would further deepen corruption in Nigeria as it seeks to gag the press and whistleblowers who report untoward practices within private and public circles.

They are also claiming that the Bill would hamper the investigation and prosecution of crimes in Nigeria as informants and witnesses  would now be disqualified for failure to first depose to affidavits, adding that their rights as journalists and organizations promoting freedom of expression, freedom of the press and good governance would also be violated.

Justice Olatoregun-Ishola has adjourned further proceedings to April 13, 2016.

Uganda: Government minister punches female TV journalist, dragged to police

Felicia Anthonio
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Uganda: Government minister punches female TV journalist, dragged to police

Originally issued by the hrnj-uganda on March 24, 2016

Member of Parliament for Katikamu North Constituency and currently a Minister without Portfolio  in the Ugandan government, Eng. Abraham Byandala, is under fire for assaulting a government-owned Bukedde Television journalist, Judith Naluggwa. He punched her in the stomach as she covered a corruption related story at the Anti-Corruption Court in Kampala.

Byandala, is accused of misusing public funds amounting to 24 billion Uganda Shillings  (about 7 million US dollars) allocated for the construction of the Mukono-Kyetume-Katosi road when he was the Works and Transport Minister. He was appearing at the Anti-Corruption court in Kampala for the hearing of the case.

“He confronted me as he left court. He asked why I was filming him. He punched me on the stomach and scratched my left hand before he walked away. All this happened in full view of journalists and the people at the Court.” Judith told HRNJ-Uganda.

Before this incident, Byandala is reported to have had a bitter exchange of words with an NTV journalist inside court for filming him. The minister reportedly tried to dodge being filmed by hiding his face in court.

Judith has since opened up a case of assault at Jinja Road Police station.

“HRNJ-Uganda has noted with deep concern politicians who use their political muscles to attack journalists. It is so disheartening for a government minister to assault a journalist at the court premises while she was performing her duties. We call upon the Uganda Police Force to thoroughly and expeditiously investigate this matter to ensure that Byandala faces the law.” said HRNJ-Uganda Legal officer, Diana Nandudu.

“Cases of politicians targeting journalists have skyrocketed. This cannot be allowed to go on. Eng. Byandala should resign as investigations take shape and President Yoweri Museveni should condemn the minister’s Actions. The police should thoroughly investigate this matter for Byandala to face the law. All members of the media, human rights organizations and other key players demand for justice to prevail in a bid to protect journalists and freedom of the media.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala.

Uganda: Seven Journalists Attacked as Police and Army look on.

Felicia Anthonio
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This Alert was originally published by HRNJ-Uganda on March 7, 2016.

Rowdy supporters of the ruling National Resistance Movement (NRM) supporters on March 04, 2016 attacked seven journalists, destroyed their gadgets and deleted recorded material from the cameras. The journalists were covering elections for special interest groups at Entebbe in Wakiso district at the Mayor’s Gardens.

The victim journalists included, Ssebalamu Kigongo of Bukedde television, Diana Kibuuka and Kakooza George William both of CBS radio, Ssempijja Godfrey of Bukedde Newspaper, Ssebaggala Sunday of NBS television, Mugganga Evie of Radio One and Shanitah Nabwabye of Pearl of Africa radio. The journalists accuse the police and army for not taking action against stick-wielding attackers descended on the reporters.

The journalists implicated the president’s protection force –the Special Forces Command (SFC) of being behind the attack. They told HRNJ-Uganda that this is not the first time they have suffered at the hands of the NRM supporters, police and army in Entebbe, especially when covering election related activities.

“I was beaten by a group of six NRM supporters. They kept saying that they don’t want the media. They kicked me, boxed me, beat me with a stick on the head. When they came to confront me, I walked away very fast for fear of aggression, but they followed me and started the physical attack. They wanted to smash my video camera but I held on to it. This group is commanded by one Capt. Barbara Barungi and Mark Dan Kamugira of SFC group. Barbara always engages journalist in verbal attacks.” Kigongo told HRNJ-Uganda.

This information was corroborated by the other six (6) victim journalists, who also gave HRNJ-Uganda accounts of how they were attacked by the said mob which included men and women. The journalists have opened up cases of assault and malicious damage to property at the Entebbe Central Police.

“This systematic and targeted attack on journalists must stop. The police serve a duty to protect Ugandans and their property including journalists doing their work. Since the presidential elections, the Uganda police has been implicated in a number of attacks against journalists. This is a blatant violation of the Police Act and other attendant laws. The police should ensure the safety and security of journalists at all times, they should systematically investigate all cases of attack on journalists.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala

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