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Uganda: Journalist Acquitted of ‘obstruction’ charges

Felicia Anthonio
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Uganda: Journalist Acquitted of ‘obstruction’ charges

 Mulindwa Mukasa, a journalist with the Associated Press, has on June 22, 2015 been acquitted by the Magistrates Court of obstructing the former District Police Commander, Wandegeya Police station, Julius Ceaser Tusingwire while executing his duties.

In her ruling, the Senior Principal Magistrate at the Law Development Centre Court, Jolly Nkore Shwanda said that the prosecution evidence was inconsistent and heavily discredited by the defense during cross-examination to be relied on.

“… Directing my mind as Court to the law and the evidence provided on record, there were great differences especially the testimony of the second prosecution witness having been discredited during cross examination. I fail to find that the accused has a case to answer. I accordingly acquit him as prayed for by defense Counsel,” ruled the Magistrate.

Mulindwa was represented by HRNJ-Uganda’ lawyer Catherine Anite while the prosecution was led by Naluzze Aisha Batala.

In June 2014, Mulindwa was charged with obstructing Julius Ceaser Tusingwire, the then District Police Commander of Wandegeya Police Station in November 2013 while transferring Kasule Richard alias Kamaggu, a radio journalist who had been arrested for hosting an opposition politician, the Deputy Lord Mayor, Sulaiman Kidandala.

Prior to this criminal charge, Mulindwa had instituted civil proceedings in the High Court against Tusingwire accusing him of harassment while covering the arrest and detention of Kamagu. The matter is currently before Justice Lydia Mugambe.

Speaking to HRNJ-Uganda after the ruling, Mulindwa said that the criminal charge was trumped up and diversionary and that he is happy to finally regain his freedom to pursue the civil case against Tusingwire who must answer for his unprofessional conduct against journalists.

“Despite the lengthy trial, justice has finally been procured. It is unfortunate that police is misusing its powers to harass and intimidate journalists through tramping up charges which they cannot prove. Police should promote the safety of journalists other than curtailing their freedoms.” said Robert Ssempala, the National Coordinator.

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HRNJ-Uganda

Photo credit:  thegavoice.com

Uganda:Police Detain Journalist for Photographing a Suspect at Court

Felicia Anthonio
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Uganda:Police Detain Journalist for Photographing a Suspect at Court

A court reporter working with the Vision Group, Betty Amamukirori was on June 18, 2016 arrested by the police at the Anti-Corruption Court in Kololo, a Kampala suburb for photographing a suspect during a court break. She declined to delete the said photos, and later released without a charge.

Betty told Human Rights Network for Journalists-Uganda that she was arrested by the police upon photographing a suspect, one Patrick James Bamwise Kakaire, 64 years, a resident of Jinja district who was convicted of a land matter in which he converted family land into his names without the authority of the 22 beneficiaries. The Presiding Judge Paul Mugamba convicted him to UGX4.5million (1,300 USD) fine or serves four years imprisonment.

Betty was detained for almost 2 hours on the orders of Bamwise’s daughter, a one Tabitha (said to be an employee of the Ugandan Parliament), in a bid to force her to delete the photos. Betty said that the police officers at the court led by one Anyanga tried to intimidate her to surrender the camera but declined, “The police were ordering me to delete the photo, they threatened to undress me and search everywhere for the camera which I had used to take the convict’ photo. I identified myself to them twice as a Vision Group reporter, but they continued harassing me on Tabitha’ orders. The police were not helpful at all.” Betty told HRNJ-Uganda at the Court soon after her release.

Another court reporter, Veronica Kayaga, who witnessed the incident, told HRNJ-Uganda that much as the Court Clerk explained to the police that what the journalist had done was okay since the photo was taken during a court break, they were defiant and continued to force Betty to delete the said photo.

“We are happy that Betty’s fellow court reporters rushed to her defence. We urge the court authorities to ensure the protection of the court reporters who face safety and security challenges from irrational individuals within court. The police should desist from being used to violate media freedoms. They should guarantee the safety and security of all court reporters especially those covering highly sensitive cases.” Said the HRNJ-Uganda National Coordinator, Robert Ssempala.

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HRNJ-Uganda

Uganda: Another Witness pins Senior Police Officer a Journalist Assault.

Felicia Anthonio
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Uganda: Another Witness pins Senior Police Officer a Journalist Assault.

Kampala, 14th May, 2015; A third prosecution witness has testified against the former District Police Commander of Old Kampala Police Station, Joram Mwesigye in an assault case against a WBS TV journalist, Andrew Lwanga in the on-going trial at Buganda Road Court, before the Grade 1 Magistrate, Sanyu Mukasa.

Galiwango Ronald, a journalist with the Nation Media’s NTV told a fully packed court that, on the 12th of January, 2015, he witnessed and recorded Mwesigye beating Lwanga twice on the head and smashing his video camera. “I saw Mr. Mwesigye beating Lwanga two times on the head, using a stick he picked from another policeman. The first time, Lwanga never fell, but the second time, I saw him falling down… I managed to capture the incident on camera. When he fell down, his camera fell too and another policeman picked it up as Lwanga rolled over on the ground. A policeman came and started pulling Andrew from the ground. I felt bad and told journalists to go back and help lift our colleague so that he was not lifted in such a humiliating manner…” Galiwango told court.

Galiwango further said that Mwesigye beat another Vision Group journalist, Joseph Ssettimba using an electric cable which tore his trousers. He said that Mwesigye did not want to be captured on camera as he beat members of the unemployed youth group who were matching to the police headquarters through Namirembe road in Kampala, so he tried to chase away the journalists before he descended on Lwanga and Ssetimba as other journalists ran away.

Galiwango showed court a video footage of the alleged incident which he captured as Mwesigye assaulted the journalists. This was after court rejected a prayer by Mwesigye’s lawyer, George Spencer not to allow the video evidence on grounds that it was not tendered in by the media house’s librarian.

Prosecution led by State Attorney Edward Muhumuza alleges that on 12th January 2015, along Namirembe road in Kampala, Mwesigye assaulted Andrew Lwanga and damaged journalists’ cameras as they covered a demonstration by a group of unemployed youths.

The case was adjourned to 04th June, 2015 for further hearing.

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HRNJ-U:WEBSITE
E-mail: [email protected] / 

photo credit: lupbak.com

DRC: AFEX condemns arrest and detention of journalists, accuses Congolese authorities of assault on free expression

Felicia Anthonio
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DRC: AFEX condemns arrest and detention of journalists, accuses Congolese authorities of assault on free expression

The African Freedom of Expression Exchange (AFEX) is deeply appalled by recent acts of harassment and intimidation of journalists by Government authorities in the Democratic Republic of Congo (DRC). In particular, AFEX condemns the arrest and detention on March 15 of Erick Izami, a journalist with Antenne A, a private Congolese radio station.

Erick was arrested by the National Intelligence Agency (ANR) and detained for more two days without charge, contrary to Law, and was released on the evening of March 17.  He was arrested while covering the launch of a new civil society group in Kinshasa. Three other journalists from the international press – an AFP photographer, a correspondent for the Belgian Radio and Television (RTBF) and a BBC cameraman – were also arrested alongside Erick and taken to the premises of the ANR where they were held for several hours before being released. Their mobile phones were, however, confiscated.

The journalists were covering an exchange meeting organised by human rights activists from the DRC, Senegal and Burkina Faso. Several human rights activists were also arrested, among them members of the Congolese Filimbi Movement, a representative of the Balais Citoyen Movement, Oscibi Johann of Burkina Faso and the co-ordinator of the movement Y en Marre of Senegal, Fadel Barro.

AFEX wishes to remind the Congolese Government that detaining people, in this instance, journalists, for more than 24 hours is illegal. Furthermore, it is an unacceptable violation of its obligations under international human rights law to obstruct the work of media professionals and to prevent them from performing their legitimate duties.

Reacting to these developments, the Chair of the AFEX Steering Committee, Ms Zoe Titus, who is also the Regional Director of the Media Institute of Southern Africa (MISA), said: “The Congolese Government must make a determined effort towards guaranteeing freedom of expression, including media freedom, and freedom of association and assembly in line with the African Charter on Human and Peoples’ Rights in the country. This is a fundamental prerequisite in any democracy.”

AFEX accuses the Congolese authorities of a systematic assault on freedom of expression, given its recent acts of censorship and intimidation against the media.

AFEX, therefore, demands an immediate end to the frequent attacks on the media, including the arbitrary arrests and detention of journalists, as well as other forms of human rights violations.

ABOUT AFEX

AFEX is a continental network of the most prominent African freedom of expression organisations who are also members of the International Freedom of Expression Exchange (IFEX), the global network of free expression organisations. The network is currently made up of nine organisations based in West, East, Central and Southern Africa. AFEX works to increase the effectiveness of its members and to enhance the impact of their work in addressing freedom of expression challenges in Africa.

Learn more about AFEX and its members by visiting www.africafex.org

 

 Please address all queries to:

                                                 Venancious Ngmenkom Tuor

                                                 The AFEX Co-ordinator

                                                 AFEX Secretariat   

                                                 Media Foundation for West Africa, Accra, Ghana

                                                 Mobile: +233 268 110 356 / +233 204 433 699

                                                 Emails: [email protected]

                                                               [email protected]

 

DRC: JED condemns a new hard blow against Freedom of Information

Felicia Anthonio
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Journalist in Danger (JED) and Reporters Without Borders (RWB) demand the immediate release of Erick Izami, a journalist with Antenna A, held illegally for more than 24 hours by the National Intelligence Agency (ANR) for attending a Press conference run by of human rights activists.

The Congolese private channel journalist was arrested by the ANR on March 15, 2015 in the afternoon while covering the launch of a new group of civil society in Kinshasa. He has since been held in the dungeons of the ANR illegally.

Three other journalists from the international press, Federico Scoppa, an AFP photographer, a correspondent for the Belgian Radio and Television (RTBF) and a BBC cameraman were also along with the Congolese Private Radio journalist and taken to the premises of the ANR where they were held for several hours before being released. Their mobile phones were confiscated.

All of them were covering an exchange meeting organised by human rights activists from Congo, Senegal and Burkina Faso for the launch of Filimbi group (Whistles) on the theme  “civic engagement” and peaceful protest.

JED and RWB condemn this brutal arrest and intrusion of intelligence to prevent journalists from doing their job. The arrest and detention of media professionals in full performance of their duties are a flagrant violation of freedom of information. More importantly, preventing a debate and a dialogue on new ways of organising civil society is an act of intolerable censorship as the DRC must be preparing, as much as possible, for a future electoral timetable. This arbitrary act of authoritarianism reflects the tension and fear of the Congolese authorities for every possible public debate.

JED and RWB urge authorities of the ANR, government security agencies and the media to ensure the immediate and unconditional release and Erick Izami and to put an end to intimidation of the media in the DRC.

Several organisers of the rally were also arrested. Among them are dozens of Congolese Filimbi, the new movement and a representative of the movement Balais Citoyen of Burkina Faso, Oscibi Johann and Fadel Barro, coordinator of the movement Y en a Marre of Senegal. These two movements were involved in implementing political transitions in their countries.

When interviewed by the BBC in the night of the arrests, Lambert Mende, the government spokesperson, said the arrested participants were “military instructors who were preparing an insurrection.”

In recent months, the Congolese government has been noted for censorship and acts of intimidation against the media.

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This Week in Africa:The week of 13 – 18 October

Felicia Anthonio
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This Week in Africa

The week of 13 – 18 October witnessed some free expression violations and challenges on the continent as reported by some members of the African Freedom of Expression Exchange in some countries.

In West Africa – The Media Foundation for West Africa (MFWA) issued a special report on how restrictions on press freedom were impeding access to timely and accurate information on Ebola. It would be recalled that since the outbreak of the disease, West Africa has been the worst affected in the world. However, efforts to contain the outbreak of the disease have been associated with various forms of press freedom restrictions and attacks on journalists, which continue to hamper the provision of timely and accurate information to the public. The MFWA’s report highlights incidents of Ebola-related freedom of expression violations; the challenges with respect to media freedom and professional reportage and the positive and negative contributions of the media—including social media and bloggers—towards efforts to prevent and contain the Ebola outbreak in West Africa. The report notes how journalists in Liberia have been attacked, harassed, censored and restricted under a state of emergency, which included curfews and restrictions on general human rights. The special Ebola-focused report also highlights challenges in Guinea, where three journalists were brutally killed by a mob during a mission to provide information on Ebola, and the situation in Sierra Leone, where officials have adopted measures that have the potential of instilling fear in journalists and deterring independent and impartial reporting. AFEX fully endorses the report and joins the MFWA in calling for swift measures by the authorities concerned to ensure journalists are protected and that they are able to have access to information that they will, in turn, churn out for the consumption of the public.

In Somalia – The National Union of Somali Journalists (NUSOJ) reported an assassination attempt on Abdirisak Jama Elmi, a senior Somali journalist and Director of Somali Channel TV in Mogadishu. Abdirisak Jama Elmi was hit by three bullets at the back and on the stomach while he was leaving his house. He was admitted at the Mogadishu’s Madina Hospital for treatment. The Head of the National Intelligence and Security Agency (NISA), General Abdirahman Mohamed Turyare, visited the wounded journalist at the hospital and instituted an investigation into the attempted murder of the journalist. This step by the Somali Government to conduct an investigation into an attack on a journalist is significant as it is the first of its kind. This demonstrates the readiness of the Somali Government to collaborate with journalists and the media to guarantee freedom of expression as a way of ensuring democratic development and consolidation. For some time now, there has been a media crackdown on Somalia which has been characterised by arbitrary arrests and detention of journalists, frequent attacks on the media and other forms of serious human rights violations. This has forced several journalists to flee the country for fear of being persecuted or killed. AFEX joins NUSOJ in welcoming Government’s intervention on this issue. We would like to express our readiness to engage and partner the Somali Government in an effort to rebuild the Somali State.

In Uganda – The Human Rights Network for Journalists-Uganda (HRNJ-U) reported two incidences of free expression challenges in Uganda within the week. In the first instance, a Magistrate’s Court at the Law Development Center in Kampala has fixed the 12th of November to hear a case where HRNJ-U Board Chairperson, Mulindwa Mukasa, a journalist with the Associated Press, is accused of ‘obstruction’ by the Wandegeya Police Station Commander, Julius Caesar Tusingwire.  This was after a court, presided over by the Senior Principal Magistrate Grade 1, Shwanda Nkore Jolly, overruled a preliminary objection by Mulindwa through his lawyer, Isaac Kimaze Ssemakadde, to dismiss the case on grounds that service of criminal summons was improper, occasioning a miscarriage of justice as he was served through a text message by the investigation officer through a third party. In her ruling, Nkore, however, stated that the process of service did not occasion a miscarriage of justice. AFEX adds its voice to that of the HRNJ-U in demanding the dismissal of the court case against the HRNJ-U Board Chairperson, since, according to the HRNJ-U, there has been a failure on the part of the police to apply the law on proper service.

In the second instance, the HRNJ-U reported that a Vision Group journalist, Luke Kagiri, was on 11th October, assaulted by two men claiming to be Ministry of Health security officers. The journalist was covering a story on a man suspected to have died of Marburg, a disease said to have broken out in the country. The journalist’s camera was destroyed in the process by one of the men, Nkogyo Joseph, who was travelling in a ministry of health vehicle. Another journalist, Enock Matovu of the Nation Media Group’s NTV, used the rear gate of the hospital to escape the attackers. Kagiri was further slapped in the presence of the police. However, the area police spokesperson, Phillip Mukasa, declined to comment on the status of the investigations into the matter. Furthermore, Ministry of Health could neither own nor disown the said attackers. AFEX joins the HRNJ-U in urging the police to expedite investigations into the assault against the journalist and to bring the perpetrators to book.

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This Week in Africa: 20 – 25 October, 2014

Felicia Anthonio
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This Week in Africa

The African Freedom of Expression Exchange (AFEX) continues to support its members in their efforts to address freedom of expression challenges on the African continent, by projecting issues that members have reported on, which are likely to promote or hinder freedom of expression. In the week of 20 – 25 October, 2014 edition of THIS WEEK IN AFRICA, AFEX highlights the reports of two members in Central and Southern Africa – the Journaliste en Danger (JED) and the Media Institute of Southern Africa (MISA).

Democratic Republic of Congo (DRC) – Journaliste en Danger (JED) has demanded an urgent investigation into an armed attack suffered by Philemon Gira, reporter and cameraman for the Radio and Télévision Nationale Congolaise (RTNC). JED reports that Gira was seriously wounded, following three bullets fired at him by a group of armed men. The journalist, who was said to have been bleeding profusely, was rescued by passers-by who took him to a hospital where he was admitted at the Intensive Care Unit. AFEX joins JED in condemning the attack on the innocent journalist and in calling on the authorities in the DRC to, as a matter of urgency, institute investigations into the case to bring the perpetrators to book. AFEX further joins hands with JED to appeal to authorities to put an end to attacks on journalists and to ensure the safety of journalists is guaranteed in that country.

Botswana – MISA convened a mission to observe the conduct of the media and electoral bodies during the Botswana 2014 parliamentary and local government elections. Based on its findings, MISA commended the Botswana media for “an exceptional effort to facilitate voter education and expand the reach of its reporting.” MISA, however, observed an uneven reportage towards the ruling party and urged the public service media to be fair in its coverage and reportage. MISA also expressed concern about the application of sedition laws against journalists which had led to the arrest of the editor of Sunday Standard, Outsa Mokone, and the exile of reporter Edgar Tsimane who had filed the story. MISA made some recommendations to the Government of Botswana which include: a call on the Independent Electoral Commission (IEC) of Botswana to, subsequently, work with the media to intensify voter education in order to avert some challenges experienced by voters; a call on the Government to amend the Botswana Communications Regulatory (BOCRA) Act of 2013 to conform to the Declaration of Principles on Freedom of Expression of the African Commission for Human and Peoples’ Rights (2002) and the African Charter on Broadcasting (2001); the need for an equitable distribution of air time during elections; the need to amend the BOCRA Act 2013 to license community radio stations to facilitate communication between communities and their policy makers; the enactment of an access to information law; the need to set up training programmes for media professionals to promote ethical conduct, accurate, fair and balanced coverage of election news and the call on the media to familiarise themselves with the ethical and professional principles outlined in the Guidelines in Media Coverage of Elections in the region. AFEX commends MISA for the good work and particularly joins MISA in urging the Government of Botswana to implement the recommendations as way of further boosting democracy in that country. AFEX also adds its voice to MISA’s in condemning the arrest of Outsa Mokone and the exile of Edgar Tsimane and calls on the government to ensure the safety of journalists and to guarantee freedom of expression.

Malawi – MISA Malawi issued an alert on the arrest of a journalist, Archibald Kasakura. MISA Malawi expressed its shock at the arrest and subsequent detention of the journalist by the Police for allegedly “obstructing a police officer on duty.” According to MISA Malawi, as confirmed by Kasakura, the police beat him up and detained him for taking pictures of an altercation involving Blantyre City Assembly officials and vendors. It is refreshing to learn that the Malawi Minister of Information, Tourism and Culture, Kondwani Nankhumwa, has condemned the beating of the journalist, promising the perpetrators will face the full extent of the law. AFEX joins MISA Malawi and other freedom of expression stakeholders in welcoming the move by the Malawi Government fight impunity. As said by the Minister in his statement, “There is nothing that justifies the victimisation of journalists in a civilised society.” AFEX further calls on authorities to continue to ensure that journalists are safe and that they discharge their duties without any harassment.

Zimbabwe – MISA Zimbabwe reported on two issues: recent attacks on and threats against the privately owned media and an assault of an online reporter. MISA Zimbabwe noted with grave concern recent attacks on and threats against the privately owned media by Zanu PF and government officials, including the First Lady, Grace Mugabe, which pose serious risk to the safety and security of journalists. According to MISA Zimbabwe, comments made by the First Lady and other government officials during rallies sought to put the lives of journalists working for the Daily News at risk. Also, the assault and detention of Tapiwa  Zivira, an online reporter with News Day by police in Harare while recording video footage of an ongoing blitz against touts operating in the central business town, as noted by MISA Zimbabwe, is of concern to all promoters of media freedom and freedom of expression. According to the report, Zivira, who sustained multiple injuries, was detained and interrogated at the Harare Central Police Station before being released without charges. The police, who deleted the video footage from his camera, accused Newsday of reporting negatively on their operations. AFEX joins MISA Zimbabwe in condemning the threats and assaults on and attacks against journalists. AFEX recalls that journalists in Zimbabwe have been under attacks for some years now and calls on authorities to respect the constitutional mandate of journalists and to see journalists as partners to advance democracy in that country.

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AFEX Statement to mark the International Day to End Impunity for Crimes against Journalists

Felicia Anthonio
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AFEX Statement to mark the International Day to End Impunity for Crimes against Journalists

 On the occasion of the International Day to End Impunity for Crimes against Journalists, the African Freedom of Expression Exchange (AFEX) salutes all journalists, freedom of expression organisations, commentators, writers, civil society groups, the international community and other freedom of expression activists all over the continent for their efforts in creating a free and safe environment for journalists and media workers.

Journalists suffer all kinds of attacks in the discharge of their duties and some get killed in the process. States have a primary responsibility for guaranteeing the safety of journalists working within their territories. Regrettably, in many of the crimes committed against journalists, government officials or state security agencies are among the perpetrators. According to the latest United Nations Educational, Scientific and Cultural Organization Director-General’s Report on The Safety of Journalists and the Danger of Impunity, at least 86 journalists have been killed in Africa since 2006.

As we celebrate this day, AFEX remembers all journalists, media professionals and other freedom of expression activists who lost their lives in their quest to promote and defend freedom of expression on the continent. We particularly remember the two French journalists who were killed in Mali on 2 November 2013, which led to the adoption of Resolution A/RES/68/163 by the United Nations General Assembly, at its 68th session in 2013, proclaiming 2 November as the International Day to End Impunity for Crimes against Journalists.

AFEX uses the occasion to remind governments on their responsibility to guarantee the safety of journalists on the continent. AFEX, therefore, urges African Governments to:

  • do their utmost best to prevent violence against journalists and media workers;
  • ensure accountability by bringing to justice perpetrators of crimes against journalists and media workers;
  • ensure that victims of impunity have access to appropriate remedies;
  • reform or amend media laws that do not seek to promote freedom of expression and to protect journalists and to make them conform to international standards and
  • foster unity and co-operation among journalists, media workers and governments with the view to strengthening peace, democracy and development.

 

ABOUT AFEX

AFEX is a continental network of the most prominent African freedom of expression organisations who are also members of the International Freedom of Expression Exchange (IFEX), the global network of free expression organisations. The network is currently made up of nine organisations based in West, East, Central and Southern Africa. AFEX works to increase the effectiveness of its members and to enhance the impact of their work in addressing freedom of expression challenges in Africa.

Learn more about AFEX and its members by visiting  www.africafex.org
Please address all queries to:
Venancious Ngmenkom Tuor
The AFEX Co-ordinator
AFEX Secretariat
Media Foundation for West Africa, Accra, Ghana
Mobile: +233 268 110 356 / +233 204 433 699
Emails: [email protected]
[email protected]

Somalia: Minister of Information stops Impunity Day Activities: AFEX condemns act and calls for action from Government

Felicia Anthonio
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Somalia: Minister of Information stops Impunity Day Activities: AFEX condemns act and calls for action from Government

The African Freedom of Expression Exchange (AFEX) is appalled by the action of the Somali Minister of Information, Mustaf Sheikh Ali, which stopped a two-day conference organised by the National Union of Somali Journalists (NUSOJ) to mark the international day to end impunity on crimes against journalists.

 Just as participants reported and began registering for the conference, the Minister of Information Mustaf Sheikh Ali Dhuhulow, through the National Intelligence and Security Agency (NISA)’s Mogadishu Branch, ordered an immediate halt to the activities, citing the presence of “foreigners” at the activities as a security threat and that the meeting had not been approved by the Ministry of Information. Prior to this, the Minister had called the Secretary-General of NUSOJ on phone and dissociated himself from the conference, saying it was “illegitimate and illegal.”

 AFEX recalls that in June this year, the Minister of Information submitted a draconian and repressive media bill, severely restricting media operations and content, to the Somali Council of Ministers for endorsement. Even though media stakeholders mounted intense pressure and the bill was withdrawn for their input, the Minister subsequently submitted the bill again to the Council of Ministers who endorsed it without the input of these media stakeholders.

 AFEX recalls the intimidation by the Minister that went with efforts to have the media bill passed. He was reported to have threatened the life of the Secretary General of NUSOJ for leading a campaign for some provisions in the media bill to be amended.

 Since 2006, 53 journalists have been killed in Somalia. In all these cases, neither the perpetrators have been brought to book nor have there been any appropriate remedies to avert further perpetration of crimes against journalists. The conference was, therefore, organised for media professionals, government officials, human rights activists, civil society members as well as the international community to discuss ways of ending impunity in Somalia.

 Prior to the arrival of two representatives of AFEX in Somalia to participate in the activities, all laid down procedures had been followed. Subsequently, the Ministry of National Security approved the arrival of the delegation, following NUSOJ’s formal request, and wrote to the Directorate of Immigration and Nationalities, requesting that visas be issued for the two. AFEX is, thus, utterly surprised that the Minister would see the two representatives of AFEX as “foreigners posing a threat to Somali Government” and to stop the activities on that basis.

 On 1 November 2014, the Deputy Minister of Information, Abdullahi Olad Roble, held a press conference in which he referred to the presence of the two AFEX representatives   in Somalia as “illegal” and that they had instructed security authorities to investigate them.

 Some Somali government officials have spoken against the action of the Minister of Information. While AFEX commends such progressive government officials for their will and preparedness to fight impunity, we see the action of the Minister of Information as a calculated effort to crackdown on freedom of expression in Somalia, especially also given his past actions.

 The Minster Mustaf Dhuhulow action further sends a signal that he condones impunity and, therefore, does not welcome any discussion on the matter. At a time when the global community is making efforts to rebuild the Somali State, AFEX expects the Somali Government to demonstrate some will to end impunity. AFEX calls on the Somali Government to bring the Minister of Information to order.

ABOUT AFEX

AFEX is a continental network of the most prominent African freedom of expression organisations who are also members of the International Freedom of Expression Exchange (IFEX), the global network of free expression organisations. The network is currently made up of nine organisations based in West, East, Central and Southern Africa. AFEX works to increase the effectiveness of its members and to enhance the impact of their work in addressing freedom of expression challenges in Africa.

Learn more about AFEX and its members by visiting www.africafex.org
Please address all queries to:
Venancious Ngmenkom Tuor
The AFEX Co-ordinator
AFEX Secretariat
Media Foundation for West Africa, Accra, Ghana
Mobile: +233 268 110 356 / +233 204 433 699
Emails: [email protected]
[email protected]

South Sudan: AFEX deeply concerned about National Security Service Bill; Calls on Parliament to reject it

Felicia Anthonio
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0

The African Freedom of Expression Exchange (AFEX) is deeply concerned about a National Security Service Bill waiting to be passed by the Parliament of South Sudan, and is calling on Parliament to reject it. The Bill, if passed, will give broad powers to the National Security Service to detain people without warrant or charge.

AFEX is worried that the Bill will worsen the existing freedom of expression situation in the country. The provisions in it grant the National Security Service unrestricted powers, which could lead to a complete crackdown on media freedom and freedom of expression.

Article 50 of the bill reads, “An officer or member authorized by the Minister or Director General concerned may, without warrant, arrest any person if such officer or member reasonably suspects that the person to be arrested has committed or is about to commit an offence punishable by law.”

The Bill also gives members of the National Security Service “all powers of the police” as defined under police service law or criminal procedure laws. It allows the National Security Service to prevent detainees from contacting their families or lawyers upon arrest if such communication is deemed to “prejudice progress of any inquiry or investigation of the case.”

The National Security Service will also be mandated to monitor communications systems, newspapers and radio stations “in respect to security interest so as to prevent misuse by users.” Commissioned officers of the National Security Service will be required to take an oath before the president, swearing their obedience.

Urging the Parliament of South Sudan not to pass the Bill, the Chair of the AFEX Steering Committee, Ms Zoe Titus, who is also the Regional Director of the Media Institute of Southern Africa (MISA), said: “The Government of South Sudan must make a determined effort to build the country on a foundation of sound democratic principles and practice as well as respect for fundamental rights and freedoms if the recent independence of the country is to have any meaning for ordinary citizens. An approach to governance which seeks to repress citizens and violate their rights with impunity will only make a mockery of the years of struggle for independence.”

AFEX recalls that since South Sudan gained independence in 2011, the government has failed to pass key laws to protect freedom of expression. The National Security Service (NSS) has operated with no legal mandate, clamping down on the media, journalists and other freedom of expression activists, thereby creating an atmosphere of fear. AFEX also recalls the arbitrary arrest, harassment, intimidation and detention of journalists and other freedom of expression activists, which have since characterised the period.

AFEX sees the passage of the Bill as a calculated effort to undermine Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Union Charter on Human and Peoples’ Rights, which guarantee freedom of expression for every individual.

AFEX, therefore, calls on South Sudan’s Parliament to reject the Bill. Furthermore, in conformity with the Declaration of Principles on Freedom and Expression in Africa, adopted by the African Commission for Human and Peoples’ Rights in 2002, AFEX calls on Parliament to ensure practical access to the Bill by citizens across the country and provide them with real opportunities to make input into such prospective laws as a way of improving public participation in the legislative process.

 ABOUT AFEX

AFEX is a continental network of the most prominent African freedom of expression organisations who are also members of the International Freedom of Expression Exchange (IFEX), the global network of free expression organisations. The network is currently made up of nine organisations based in West, East, Central and Southern Africa. AFEX works to increase the effectiveness of its members and to enhance the impact of their work in addressing freedom of expression challenges in Africa.

Learn more about AFEX and its members by visiting www.africafex.org

 Please address all queries to:

                                                  The AFEX Co-ordinator

                                                 AFEX Secretariat  

                                                 Media Foundation for West Africa, Accra, Ghana

                                                 Emails: [email protected]

                                                                  [email protected]

AFEX condemns Crackdown on Media Freedom in Somalia, Demands Immediate Release of Detained Journalists

Felicia Anthonio
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AFEX condemns Crackdown on Media Freedom in Somalia, Demands Immediate Release of Detained Journalists

The African Freedom of Expression Exchange (AFEX) is deeply concerned about the ongoing massive crackdown on media freedom and freedom of Expression in Somalia.

On 15th August, 2014, heavily armed security forces raided and shut down Radio Shabelle and SkyFM, both owned by Shabelle Media Network, and arrested 19 journalists and media workers. Those arrested included the Chairman of Shabelle Media Network, Abdimalik Yusuf Mohamud, and Director of SkyFM, Mohamud Mohamed Dahir. These media workers have been detained in the underground prison of the National Intelligence and Security Agency (NISA), a place where suspected terrorists are being kept.

In June this year, the Minister of Information submitted a draft media law, which would compel journalists to disclose their sources of information, to the Somali Council of Ministers to endorse so it will eventually be passed into law by Parliament. The Bill was subsequently withdrawn to allow for inputs from media stakeholders following intense pressure from media groups.

Until 2012, Somalia had been without a functioning state for over two decades. These periods witnessed arbitrary arrests and detention of journalists, frequent attacks on the media and other forms of serious human rights violations.

With the advent of a democratically elected government, AFEX expects the government of Somalia to guarantee freedom of expression as a fundamental prerequisite for democratic development and consolidation. This is why the ongoing violations are extremely worrying.

AFEX, therefore, calls for the immediate release of the detained journalists and the reopening of Shabelle Radio and SkyFM. Furthermore, AFEX calls for an immediate halt to the arbitrary arrests, torture and harassment of journalists and other free expression activists in Somalia.

ABOUT AFEX

AFEX is a network of African freedom of expression organisations, all members of the International Freedom of Expression Exchange (IFEX), who seek to address freedom of expression challenges in Africa. Such challenges include laws and policies, traditions, customs, security and absence of capacity arising from ignorance, poverty and lack of access to technology

Please address all queries to:

Venancious Ngmenkom Tuor

The AFEX Co-ordinator

AFEX Secretariat

Media Foundation for West Africa, Accra, Ghana

Mobile: +233 268 110 356 / +233 204 433 699

Emails: [email protected]

[email protected]

AFEX condemns endorsement of a draconian media law by the Somalia Council of Ministers; Calls on Somali Parliament to reject it

Felicia Anthonio
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AFEX condemns endorsement of a draconian media law by the Somalia Council of Ministers; Calls on Somali Parliament to reject it

The African Freedom of Expression Exchange (AFEX) is appalled by the endorsement, by the Somali Council of Ministers, of a repressive Media Bill on 1 September, 2014, severely restricting media operations and content. AFEX calls for the Somali Parliament to reject the Bill outright.

The provisions in the Bill and the processes leading to its endorsement all point to an attempt by the Somali Government to heavily clamp down on media freedom and freedom of expression, thereby denying the people of their democratic rights to a free and independent media.

After intense pressure from media groups, the draft media law submitted to the Somali Council of Ministers in June this year, was withdrawn to allow for input from media stakeholders. However, this Bill does not take into account the media stakeholders’ concerns and this is a betrayal of trust by the Government.

AFEX sees the Bill as nothing but a calculated effort to protect Government and its appointees to perpetuate abuse of power and censor the Somali people. The Bill establishes the National Media Council of 13 members: six appointed by Government; four from the independent media and three from civil society. It imposes a fine of between US$5,000 and US$10,000 on media houses breaching the proposed “code of ethics.” It also empowers the Ministry of Information and the National Media Council to set code of ethics for journalists.

Furthermore, the Bill stipulates that every media house must register at the Ministry of Information and pay an unspecified annual fee for a licence from the Ministry. It also allows the court to compel media houses to disclose confidential sources and name unidentified journalists. The Bill foresees “criminal offences” by journalists and media houses, which will be handled by the Attorney General and a competent court of law.

AFEX recalls the arbitrary arrests, torture and harassment of journalists and other free expression activists by armed security forces detailed by the Government and the lives of journalists being threatened by the Somali Government, all under the cover of the media “inciting the public and causing insecurity in the country.”

AFEX expresses utter dismay at these developments, given that the Somali people, civil society groups, freedom of expression groups and the international community were all in opposition to the law. By passing this Bill, Government proposes to use the court to perpetuate impunity, given that the judiciary in Somalia is weak and is also part and parcel of the executive branch. 2

The Bill is not in agreement with Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Union Charter on Human and Peoples’ Rights, which guarantee freedom of expression for every individual. Nor does it conform with the Declaration of Principles on Freedom and Expression and Access to Information of the African Commission for Human and Peoples’ Rights.

At a time when the global community is making efforts to rebuild the Somali State, AFEX expects the Somali Government to guarantee freedom of expression as a way of ensuring democratic development and consolidation.

AFEX, therefore, calls on the Somali Parliament to reject the Bill. Furthermore, AFEX calls on the international community, all free expression groups, free expression activists and civil society groups all over the world to rise against the passage of this hostile Bill.

ABOUT AFEX

AFEX is a continental network of the most prominent African freedom of expression organisations who are also members of the International Freedom of Expression Exchange (IFEX), the global network of free expression organisations. The network is currently made up of nine organisations based in West, East, Central and Southern Africa. AFEX works to increase the effectiveness of its members and to enhance the impact of their work in addressing freedom of expression challenges in Africa.

Learn more about AFEX and its members by visiting www.africafex.org

Please address all queries to:

Venancious Ngmenkom Tuor

The AFEX Co-ordinator

AFEX Secretariat

Media Foundation for West Africa, Accra, Ghana

Mobile: +233 268 110 356 / +233 204 433 699

Emails: [email protected]

[email protected]

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AFEX is a continental network of some of the most prominent African freedom of expression and media rights advocacy organisations that are also members of IFEX, a global free expression network.

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