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2007 IPI World Press Freedom Review
2007 World Press Freedom Review www.freemedia.at The IPI World Press Freedom Review is dedicated to the 93 journalists who lost their lives in 2007 Iman Yussef Abdallah Scott Bowerbank Raaed Mustasher Aqil Abdul-Qadir Subash Chandraboas Kenji Nagai Fala Khalaf Al Diyali Dmitry Chebotayev Ahmed Hadi Naji Munjid Al Tumaimi Edward Chikomba Ajmal Nakshbandi Suleiman Abdul-Rahim al-Ashi Kasim Ciftci Sahadevan Nilakshan Jim Cox Namir Noor-Eldeen Jawad al-Daami Hrant Dink Dodie Nunez Mohan Hussein Al-Dhahir Mahad Ahmed Elmi Ali Mohammed Omar Dhi Abdul-Razak al-Dibo Abshir Ali Gabre Hernani Pastolero Salih Saif Aldin Mustafa Gaimayani Miguel Pérez Julca Hamid al-Duleimi Bashir Nor Gedi Selvarajah Rajivarman Sarmad Hamdi Al-Hassani Khalid W. Hassan Amado Ramírez Sahar Hussein Ali Al-Haydari Thaed Ahmed Jaber Youssef Sabri Alix Joseph Ivan Safronov Mohammed Hilal Karji Alisher Saipov Abdul Rahman Al-Issawi Abdulkadir Mahad Moallim Kaskey Carlos Salgado Hussein al-Jaburi Serge Maheshe Kasole Issam Mohammed Awad Al-Joujou Hamed Sarhan Khamaail Khalaf Birendra Shah Tito Alberto Palma Godoy Mohammed Abdullahi Khalif Ali Iman Sharmarke Rahim Al-Maliki Ali Khalil Othman Al-Mashhadani Javed Khan Nibras Abdul-Razzaq Al-Obaid Mehboob Khan Shehab Mohammad al-Hiti Aref Ali Khoudr Yunis al-Obaidi Nazar Abdulwahid Al-Radhi Adnan Al-Safi Jamal al-Zubaidi Noor Hakim Khan Rick Krolak Lan Chengzhang Ferdinand Lintuan Muhammad Arif Mario Rolando López Sánchez Yassin Aid Asssef Ahmed Hassan Mahad Abderrazak Hashim Ayal Zeena Shakir Mahmoud Alaa Uldeen Aziz Saúl Noé Martínez Ortega Jean-Rémy Badiau Filaih Wuday Mijthab Chauncey Bailey Majeed Mohammed Luiz Carlos Barbon Filho Zubair Ahmed Mujahid Salvador Sánchez Roque Craig Smith Noor Ahmed Solangi Louaï Souleimane Vicente Sumalpong Patrick Kikuku Wilungula Fessehaye Yohannes Saif Laith Yousuf Zakia Zaki A special edition of the IPI REPORT Piotr Niemczycki David Dadge Colin Peters Michael Kudlak IPI Chairman IPI Director Editor-in-Chief Managing Editor IPI Headquarters Africa Uta Melzer Maureen MacNeill Australasia and Oceania Researcher Spiegelgasse 2/29 A-1010 Vienna, Austria Telephone +43 (1) 512 90 11 Fax +43 (1) 512 90 14 ipi@freemedia.at http://www.freemedia.at Registered in Zurich Colin Peters Ana Busa Christiane Klint The Americas Europe Pictorial Editor Michael Kudlak Colin Peters Malcolm North The Caribbean Middle East and North Africa Layout Charles Arthur Michael Kudlak Günther Bauer Catherine Power Asia Barbara Trionfi The IPI World Press Freedom Review was kindly sponsored by the WAZ Medien Gruppe and with the support of the Austrian Ministry for European and International Affairs 2007 World Press Freedom Review 5 93 Reasons Why Journalism Remains a Dangerous Profession W David Dadge IPI Director & Publisher Piotr Niemczycki IPI Chairman The 2007 Review shows how the profession of journalism remains at its most lethal ith 93 journalists killed, 2007 was another deadly year. Iraq proved again to be the most hazardous place on earth to report, with the conflict accounting for almost half of all journalists killed during the year. In Somalia, another conflict zone, eight journalists were also killed. In Europe, the murder of Hrant Dink by a Turkish nationalist reinforced the dangers to those who defend freedom of the press. In Russia, pressures on the media intensified in the run-up to elections, and impunity exists for those who harass, assault or murder journalists. The Middle East and North Africa region was 2007’s deadliest, with 42 of the 44 journalists killed dying in Iraq. Two journalists were killed in the Palestinian Authority. In the meantime, heightened security in other conflict zones, such as Sudan and Chad, made reporting difficult. Censorship was widespread in the region, with the critical press in Iran, for example, all but silenced. Pressure continued to be exerted on the press in other African countries. While Somalia was the deadliest place to work in the region, the press was also severely restricted in Eritrea, Ethiopia, the Gambia, and Zimbabwe. Censorship came in all forms, from physical aggression to the subtle abuse of bureaucracy. In Zimbabwe, for example, where practising journalism without a licence triggers criminal charges, the authorities’ reluctance in extending licences appeared designed to obstruct reporters. Armed conflicts in Asia made the region the second deadliest of 2007. However, the troubled countries of Pakistan, Afghanistan and Sri Lanka were not the only ones where journalist lives were lost. Four were killed in the Philippines, where reporting on corruption repeatedly proved fatal. China remained the worst jailer of journalists worldwide, with no less than 30 journalists and 50 bloggers currently imprisoned. In Australasia and Oceania, Fiji’s interim government tightened its grip on the media following the 2006 coup. In Cuba, the transfer of power from Fidel Castro to his brother, Raúl, did not bring greater press freedom. The Communist regime and its intelligence apparatus continued to exert tight control over the media, and at year's end 24 journalists languished in prison under terrible conditions. Thirteen journalists were killed in the Americas. With two journalists killed and eight missing, Mexico remained the region’s most dangerous country. In the U.S., Chauncey Bailey of the Oakland Post was gunned down in the first targeted assassination of a journalist since 1993. David Dadge Piotr Niemczycki World Press Freedom Review 6 Africa Introduction ............................ 8 Angola .................................... 10 Burkina Faso .......................... 11 Burundi .................................. 12 Cameroon ............................... 13 Central African Republic....... 15 Congo (DRC) ........................... 16 Côte d’Ivoire .......................... 20 Equatorial Guinea.................. 22 Eritrea .................................... 23 Ethiopia.................................. 24 Gabon ..................................... 27 Gambia ................................... 29 Ghana ..................................... 31 Guinea Bissau ........................ 33 Kenya ..................................... 34 Lesotho ................................... 36 Liberia .................................... 37 Mali ........................................ 40 Mauritania ............................. 41 Namibia .................................. 42 Niger....................................... 44 Nigeria ................................... 46 Rwanda .................................. 49 Senegal ................................... 51 Sierra Leone ........................... 52 Somalia................................... 53 South Africa ........................... 57 Swaziland............................... 59 Tanzania................................. 61 Uganda ................................... 62 Zambia ................................... 63 Zimbabwe .............................. 64 The Asia Americas Introduction ........................... Argentina ............................... Bolivia .................................... Brazil ...................................... Canada ................................... Chile ....................................... Colombia ................................ Cuba ....................................... Ecuador .................................. El Salvador ............................. Guatemala .............................. Honduras ................................ Mexico .................................... Nicaragua ............................... Panama................................... Paraguay ................................ Peru ........................................ United States of America ...... Uruguay.................................. Venezuela ............................... 2007 68 70 72 73 74 75 76 78 79 79 80 82 83 86 86 87 88 89 91 92 The Caribbean Introduction ............................96 Antigua and Barbuda ............ 98 The Bahamas.......................... 98 Barbados ................................ 99 Cayman Islands ................... 100 Dominica .............................. 100 Dominican Republic............. 101 Grenada ................................ 103 Guyana ................................. 103 Haiti...................................... 104 Jamaica ................................ 106 Trinidad and Tobago ........... 107 Introduction.......................... 108 Afghanistan ......................... 110 Bangladesh........................... 112 Burma (Myanmar) ................ 113 Cambodia ............................. 116 People’s Republic of China.. 117 Hong Kong............................ 119 Japan .................................... 120 Kyrgyzstan ........................... 121 Laos ...................................... 122 Malaysia ............................... 123 Maldives ............................... 125 Nepal .................................... 126 North Korea .......................... 128 Pakistan ............................... 130 Philippines ........................... 133 South Korea .......................... 135 Sri Lanka .............................. 136 Tajikistan ............................. 138 Thailand ............................... 138 Timor Leste .......................... 141 Uzbekistan ........................... 141 Vietnam ................................ 142 2007 World Press Freedom Review Australasia and Oceania Introduction.......................... 144 Australia .............................. 146 Fiji ........................................ 148 New Zealand ........................ 149 Papua New Guinea .............. 150 Tonga.................................... 151 Vanuatu ................................ 153 7 Europe Introduction...........................154 Albania ................................. 156 Armenia................................ 156 Austria.................................. 158 Azerbaijan ............................ 159 Belarus ................................. 160 Bosnia and Herzegovina ...... 162 Bulgaria ................................ 163 Croatia.................................. 164 Republic of Cyprus .............. 165 Czech Republic .................... 165 Finland ................................. 166 France................................... 167 Georgia ................................. 168 Germany ............................... 170 Greece .................................. 171 Ireland .................................. 172 Italy ...................................... 173 Macedonia (FYROM) ............ 174 Moldova................................ 175 Montenegro .......................... 176 Netherlands.......................... 176 Poland .................................. 177 Portugal................................ 179 Russia ................................... 180 Serbia ................................... 183 Slovenia ................................ 184 Spain..................................... 185 Sweden ................................. 186 Switzerland .......................... 187 Turkey .................................. 187 Ukraine ................................. 189 United Kingdom ................... 191 Middle East and North Africa Introduction ......................... Bahrain ................................. Chad ..................................... Egypt .................................... Iran ....................................... Iraq ....................................... Israel .................................... Jordan................................... Kuwait .................................. Lebanon ................................ Libya..................................... Morocco ................................ Oman .................................... Palestinian Authority .......... Qatar .................................... Saudi Arabia ........................ Sudan.................................... Syria ..................................... Tunisia ................................. United Arab Emirates .......... Yemen ................................... 194 196 197 198 201 204 208 209 211 212 213 214 216 217 221 222 223 224 226 228 229 Additional Contents IPI Death Watch ................... 232 IPI Watch List ....................... 242 Acknowledgements.............. 244 World Press Freedom Review 8 2007 Deafening Silence Africa Reports of Fewer Registered Press Freedom Violations Provide Little Cause for Celebration Death watch region (12) W hile the past year brought some positive news, such as an overall decline in the amount of press freedom violations reported in West Africa compared to the previous year, it was that very silence that signified serious trouble in countries such as Zimbabwe, he Gambia, Eritrea and Ethiopia. In all of these countries, repression has been so severe during past years that the lack of news served primarily as evidence of thoroughly weakened journalistic communities, with many of the most critical voices either no longer daring to speak up, or increasingly, simply no longer physically present to report on the abuse. In Eritrea, two waves of arrests in 2001 and 2006 have all but wiped out dissent, with many of those still free joining the thousands of civilians who attempt to flee the nation any way they can. Zimbabwe leads the way in terms of numbers of journalists who have been forced into exile in order to survive, closely followed by Ethiopia, where all fifteen journalists imprisoned after the 2005 elections were released, but approximately half subsequently left the country to avoid continued governmental monitoring and harrassment. In the meantime, the year’s statistics were particularly discouraging with respect to journalists killed while practicing their profession. he number of journalists killed in Africa spiked dramatically in 2007, from four to eleven, largely due to both targeted attacks and crossfire victims in Somalia’s brutal conflict. On a particularly devastating day in August, Ali Sharmake, one of the founders of HornAfrik, and Mahad Ahmed Elmi, a radio show host for the station, were killed within several hours of one another. Elmi was shot by two gunmen on his way to work, while Sharmake died when his car exploded after apparently running over a remote-controlled landmine. Sharmake, Elmi and a third man, Ahmed Abdisalam Adan, had lived in Canada as refugees before returning to Somalia in order to found the independent station. here was no dearth of incidents involving physical violence against journalists throughout the year, but many media workers were also subjected to more subtle forms of censorship, particularly by way of the powerful machine of bureaucracy. In fact, in 2007, some of the worst offenders on the continent turned to bureaucracy as a tool for media harassment. Zimbabwe leads the way in terms of numbers of journalists who have been forced into exile in order to survive In Zimbabwe, authorities routinely delayed renewals of licenses required under the notorious Access to Information and Protection of Privacy Act (AIPPA), in place since 2002. With journalists who practice their profession without a license facing imprisonment of up to two years, such delay became a powerful tactic, and individual publications seemed wary of speaking up on the matter whilst their applications were still pending. In the meantime, the government began aggressively charging critical journalists who reported without the accreditation. Similar news emerged from Ethiopia, where one-year residency and accreditation permits for members of the foreign press placed them under considerable pressure to self-censor their writings on sensitive topics. 2007 World Press Freedom Review Jamming foreign broadcasts also proved popular, and forced broadcasters to respond creatively to governmental interference. With overseas-based radio operations targeting a Zimbabwean audience mushrooming in recent years, jamming in the country occurred regularly, prompting SW Radio Africa to communicate headline news by way of text messages sent to local mobile phone owners. In Ethiopia, U.S. regulatory authorities indicated that broadcasts by both Deutsche Welle and Voice of America were interfered with during the year. he number of journalists killed in Africa spiked dramatically in 2007 Attempts to improve relations between members of the media and governments proved rocky throughout the continent, particularly in Sierra Leone and Liberia. In Liberia, incidents throughout the year underscored the need for improvement in the media environment of a country clearly still recovering from a brutal civil war. Physical harrassment was plentiful, and often involved scuffles with President Johnson-Sirleaf ’s security personnel. In fact, by October, the continuing conflict between President Johnson-Sirleaf and the country’s press culminated in an announcement that only a selected group of photo journalists and reporters would in the future be permitted to photograph and cover information from the presidency. In Sierra Leone, where presidential elections brought to power a new president, the conflict included several defamation lawsuits. Unfortunately, serious debate about reforming the country’s criminal defamation law was at least partly hampered by some members of the media themselves, who used the law for mutual harassment in conflicts amongst individual publications. Both in Sierra Leone and elsewhere, notably Nigeria and Kenya, elections provoked additional violence. In Sierra Leone, presidential elections sparked several politically-motivated attacks on the country’s media, and also did little to improve professional standards, with media outlets continuing to offer mostly highlypoliticised reporting. Particularly during the months leading up to the September election run-off, journalists were threat- ened and attacked by both ruling party and opposition supporters, with journalists working for independent publications especially often targeted. In Nigeria, presidential and legislative elections were similarly marred by reports of violence, particularly by way of raids of premises carried out by the government’s State Security Service (SSS). Physical violence and intimidatedion against journalists and activists also proved common, with award-winning human rights and anti-corruption campaigner, Anyakwee Nsirimovu, for example, threatened by a gang of young men armed with knives, clubs and other weapons. In Kenya, controverial elections in December triggered both violence and the imposition of a media blackout, during which all live broadcasts were suspended, officially “in the interest of public safety and tranquillity”. International media observers denounced the measure, and news was primarily passed around through SMS messages. Journalists were threatened and attacked by both ruling party and opposition supporters hroughout the year, the efficacy of regional judicial institutions was put to the test with two lawsuits brought by the Media Foundation for West Africa (MFWA), a regional, Ghana-based non-profit, before the Community Court of Justice of the Economic Community of West African States (ECOWAS) in Abuja, Nigeria. One lawsuit centered around the disappearance of Chief Ebrima Manneh, of the Gambia’s Daily Observer, reported to have been arrested by two plain-clothed Gambian national security officers in July 2006. he proceedings experienced various delays, with government and police, who insisted they were unaware of Manneh’s whereabouts, failing to make an appearance at a July preliminary hearing. In the meantime, by late September, many feared that Manneh may have been killed in a Gambian jail. Towards the end of the year, MFWA filed another suit at ECOWAS, also against the Gambian government, over the illegal detention and torture of journalist Musa Saidykhan, former editor-in-chief of he 9 Independent, one of numerous individuals detained and tortured by President Jammeh’s security agents in the aftermath of an apparent coup attempt in March 2006. A troubling development in the Democratic Republic of Congo illustrated the dangers of pushing for justice in societies with judicial systems controlled by corruption and manipulation. Serge Maheshe, a radio broadcaster, was gunned down by unidentified attackers while entering a UN vehicle with two friends. Several weeks later, a military court convicted and sentenced to death two former soldiers and petty criminals for the crime, then found Maheshe’s two friends guilty of having ordered the murder, and similarly sentenced them to death. Their convictions were based primarily on testimony by the other two men convicted of the crime, who later recanted their testimony and implicated military judges in framing Maheshe’s friends. By contrast, developments in Burkina Faso, a country with a relatively open media environment, illustrated both the risks and power of targeting impunity with courageous investigative reporting. In late 2006, L’Evenement published a newly-discovered version of a 1999 inquiry regarding the 1998 murder of Norbert Zongo, an independent journalist found dead in a burned out vehicle. he prosecution of the lead suspect, a former chief presidential guard, had resulted in the dismissal of all charges, and the new information more clearly implicated the president’s advisor and brother, as well as a local businessman, in the crime. L’Evenement this year was convicted of libel for reporting the new information, and a court passed two-month suspended prison sentences and monetary fines on its publisher and editor. However, publication of the information also prompted approximately 3,000 people to demonstrate in the streets of the country’s capital, demanding the reopening of the probe into Zongo’s death. Uta Melzer World Press Freedom Review 10 2007 Angola A fter considerable stalling with respect to the holding of elections, initially announced for 2006, reports of a massive voter registration program raised hopes that elections may in fact take place as currently planned – parliamentary elections in 2008, and presidential elections in 2009. According to the Angola Press Agency, the electoral registration process, held between November 2006 and September 2007, resulted in the registration of eight million voters. Nonetheless, skeptics remained wary, noting that President Jose Eduardo dos Santos, who had instructed the electoral commission to “take the necessary steps”, had not yet announced a specific date for the much-delayed event. It remains to be seen whether the president’s recurring justification – poor infrastructure – will again be cited by the leader to postpone what would constitute the country’s first presidential elections since 1992. Angola’s defamation laws have been the subject of much criticism, with the UN Human Rights Committee, a body that monitors compliance with the International Convention on Civil and Polictical Rights, ruling in 2005 that they violated international law While some of the progress in preparations for elections was encouraging, it also rendered more urgent calls for reforms of various laws that hamper free speech and legitimate political opposition. Angola’s defamation laws, for example, have been the subject of much criticism, with the UN Human Rights Committee, a body that monitors compliance with the International Convention on Civil and Polictical Rights, ruling in 2005 that they violated international law. his ruling became particularly awkward in light of Angola’s three-year membership on the U.N. Human Rights Council, which began in June of this year. Nonetheless, the relevant parts of the penal code have not been amended, meaning that defamation continues to constitute a criminal violation punishable by incarceration. In addition, procedural peculiarities make it almost impossible to successfully plead the defense of “truth” in response to allegations of defamation. he defence is not available at all for the crime of “injuria”, defined as the “crime of injury, without imputation of any determined fact… committed against any person publicly”, regardless of the medium used; it carries penalties consisting of fines and up to two months in prison. An incident towards the end of 2007 illustrated the courts’ continued willingness to impose the harshest of penalties pursuant to these provisions. In October, a criminal court in Luanda imposed an eightmonth prison sentence and US$250,000 fine on journalist and editor Felisberto da Grâça Campos, of the weekly Semanario Angolense, for allegedly insulting a former minister. he offending article addressed the restitution of homes, which were nationalized after the nation’s independence in 1975, to returning former settlers, and questioned the minister’s role in the matter. he court has permitted an appeal, but Grâça Campos will remain in prison pending the outcome of that procedure, despite potential health risks. he editor, who suffers from diabetes, was rushed to an infirmary on 10 October. In addition, Grâça Campos’s wife has indicated that she has not been allowed to see or speak to him. Angola’s electoral laws also impose several direct restrictions on the media, and even print publications are required to guarantee all candidates “equality of treatment”, which includes devoting the same amount of space to all of them. In addition, the laws contain provisions so vaguely drafted that they can easily be abused for purposes of curbing freedom of speech. For example, the media is obliged to conduct itself in a “disciplined” and “professional” manner. Political candidates, in the meantime, are prohibited from using the mass media to “denigrate” other parties and candidates. he country’s new press law, which came into force in May 2006, uses similarly vague language. According to a critical analysis published by Article 19, the law imposes improper limitations on journalists in four different ways. First, it limits how journalists can go about obtaining their information, prohibiting, for example, doing so in “disloyal” ways. Second, the law imposes various duties on journalists, including the duty to provide only “accurate” informa- tion, unduly strict wording that fails to take into account the inevitability of honest mistakes. Journalists are also obligated to remain “impartial”, a requirement that runs counter to the common practice, particularly amongst the print media, to express some degree of political preference. Moreover, all print media outlets must be registered, after obtaining permission to do so from a designated regulatory body. However, the law does not clarify whether the application process is merely technical and administrative in nature, or whether the body will have discretion to individually evaluate the applications. In addition, the laws provide for the development of regulations outlining who may become a journalist in the first place, and pursuant to what criteria press cards are to be issued. hese regulations have not yet been approved, prompting criticisms that the provisions are inoperable. he country’s laws do distinguish themselves in a positive manner in one respect. Along with South Africa and Uganda, Angola is one of only three African nations with freedom of information laws, prompting the International Federation of Journalists to issue a press release lauding these nations for implementing laws generally considered a powerful tool for citizens and journalists seeking access to information held by public authorities, often vital for uncovering corruption. However, a closer look reveals that the celebratory tone may have been premature. Angola is one of only three African nations with freedom of information laws Angola’s Law on Access to Documents Held by Public Authorities, adopted in August of 2002, permits access to documents held or created by public authorities upon request. However, that right is subject to certain exceptions, including, for example, access to documents concerning inquiries, which can only be accessed after disciplinary proceedings can no longer be initiated. More importantly, the right of access is subject to broadly worded limitations contained in the State Secrets Law, which, for example, defines as classified documents that are “likely to cause harm” to, amongst others, the “unity of the State”. A Monitoring Committee for the enforcement of the law exists, but is largely appointed by 2007 World Press Freedom Review 11 Burkina Faso the ruling party and, with two-year terms, subject to quick replacement if those in power do not appreciate their efforts. Critics have noted that the laws have “barely” been used, and are not seen as a useful tool for journalists. he inefficacy of the freedom of information laws are particularly problematic in light of Angola’s continued struggle to distance its oil industry from allegations of mismanagement and corruption, a potentially key issue in an election year, given that most Angolans have received little direct benefit from the nation’s oil boom. (Despite its oil wealth, the country suffers from high infant mortality rates and poverty-ridden slums inhabited by millions of citizens.) As Sub-Saharan Africa’s second largest oil producer, Angola became a member of the Organization of Petroleum Exporting Countries (OPEC) on 1 January, prompting Human Rights Watch to urge the government to tackle corruption, not its critics, in response to a general failure to publicly account for how the massive income from oil exploitation is spent. In addition to the oppressive legal environment created in part by the promulgation of new restrictions and in part by the refusal to budge on the issue of the decriminalisation of defamation, the 2006 deaths of two journalists (Augusto Sebastiao Domingos Pedro and Benicio Wedeinge) in the country continue to contribute to the chilling effect noticeable in Angloa’s journalistic community. In late April, the Media Institute of Southern Africa (MISA) released its annual publication recording incidents of media freedom violations, and reported that official investigations of the deaths were proceeding at a slow pace, with authorities insisting that they were victims of random acts of violence, an attitude that “left an indelible mark on the ● psyche of Angolan journalists.” D espite the fact that Burkina Faso is generally a tolerant and respectful country concerning the media, an enormous black spot stained the landscape in 2007. he violation relates to a January 2007 development in a case which has haunted the people of this tiny land for nine years; the murder of leading independent journalist Norbert Zongo. After dragging its feet on the case for several years, the government prosecution closed the case in July 2006, dismissing all charges against leading suspect, former presidential guard chief Marcel Kafando. Reporters Without Borders (RSF) called on the government to reopen the case in October 2006 based on “new evidence” – the original draft of the 1999 Independent Commission of Inquiry (CEI) report, before government officials watered it down. This draft clearly implicated presidential advisor and brother to the President, Francois Compaore, along with Oumarou Kanazoe, a rich businessman close to the government, in the murder of Zongo and three companions. All four were found dead in Zongo’s burned-out vehicle on 13 December 1998. Ouagadougou-based bi-monthly L’Evenement, which revealed the information provided by RSF, was accused of libelling Compaore by linking him to the 1998 murder. “After last year’s outrageous decision to dismiss all charges and close the Zongo case, this year begins with a high-profile libel suit against a newspaper,” said RSF. “…L’Evenement is under attack simply for reporting the local news, covering Reporters Without Borders’ role in the investigation, and challenging the prevailing cultures of impunity,” said RSF. “Challenging the head of state, his family or his closest allies remains a high-risk exercise.” On 22 January, a court in Ouagadougou, the capital, passed two-month suspended prison sentences and fines of 680 US$ against Germain Bitiou Nama, publisher of L’Evenement, and its editor Newton Ahmed Barry. he incident incited the International Federation of Journalists (IFJ) to launch a scathing attack against Burkina Faso, according to whom “there have been credible reports of serious violations of journalists’ rights.” Approximately 3,000 people demonstrated in the streets of Ouagadougou on 3 February to demand the reopening of the probe into Zongo’s death. Despite the chill this event cast over the local media, 2007 was a relatively quiet year in the country. African journalists attacked “countries that shame Africa” on 15 November, and called on the African Union and United Nations Human Rights Commissioners to investigate the actions of governments, including Burkina Faso, where journalists’ rights have come under attack. A few death threats were recorded, including one on 24 May against Abdoul Salam Quarma, correspondent for the Agence d’Information de Burkina (AIB), a newswire service in Titao, 230 km north of Ouagadougou. He was saved by intervention on behalf of the provincial authorities. Without their help, he claims he would have been lynched and his house torched by a group of youths angered over a story titled “Drinking competition turns tragic”. Another death threat was recorded against journalist and free-speech activist Karim Sama, who was warned that he would be “gunned down” for criticising the government. Sama hosts two popular reggae programs for Ouagadougou-based Radio Ouaga FM. here are still some irritating barriers to press freedom in Burkina Faso, such as a 1993 information code, which allows the media to be banned if it is accused of threatening national security or publishing false information. Media is still regulated by the Minister of Information, and broadcast media by the Supreme Council of Information. Special protection still exists for public authorities, according to Ar● ticle 19. World Press Freedom Review 12 2007 Burundi T he climate for journalism in Burundi, dubbed “the poorest country in the world” with its GDP per capital of only US$90 and still recovering from more than a decade of civil war, is at best described as fragile. President Pierre Nkurunziza spoke in his 2005 election speeches about freedom of the press, but little has been done to uphold that ideal. Decades of ethnic violence in the country, which is roughly 85 per cent Hutu and 15 per cent Tutsi, has made political and social harmony, as well as a free press, difficult to achieve. Journalists endured a period of threats and uncertainty in 2006, when four reporters were imprisoned and many fled the country. Although 2007 was somewhat quieter, Reporters Without Borders (RSF) nonetheless placed Burundi 127 of 169 in its Annual Worldwide Press Freedom Index, and indicated the country had lost ground in 2007, adding that the press freedom situation is “very bad.” Violence and poverty plague the people of Burundi, and those who participated in genocide against Hutus in 1972 –which led to the death of 100,000 Hutus and moderate Tutsis – have never been held accountable for their crimes. he assassination in 1993 of Burundi’s first democratically elected Hutu president Melchior Ndadaye by Tutsi extremists triggered a long civil war which killed members of both tribes, though a UN report points to “acts of genocide against the Tutsi minor- ity…in Burundi in October 1993.” Proposed mechanisms for negotiating transitional justice have stalled. Burundian authorities, together with the UN, have been trying since March 2006 to come to an agreement on plans for a truth and reconciliation commission and a special tribunal – called for in the 2000 Arusha Accords – to prosecute for crimes committed during the years of conflict. So far nothing concrete has emerged. A growing parliamentary stalemate prevents the National Assembly from passing a new criminal code and other important laws. he government’s human rights record is appalling, mainly due to extraju- thrown into rivers in Muyinga province. Administrative officials, among them the governor of Muyinga, denied that the killings took place, but the bodies found contradict these denials. Despite calls for justice in 2007, and another judicial commission in February, no further arrests have been made and the government has failed to act on these latest acts of brutality. he military commander implicated in the crimes was removed from office, but remains active in the military. Following international and domestic outcries, two soldiers and an intelligence agent were arrested in 2006, but none have been brought to trial. Burundi security forces stand near the bodies of 10 ighters in Bujumbura’s Buterere suburb Jean Pierre Harerimana / Reuters Burundian refugees wait at the border town of Muyinga, Burundi, on Tuesday, Aug. 7, 2007. AP Photo dicial killing and torture by the security forces, according to the U.S. State Department’s annual human rights report. It added, “abuse and arrest of political critics, the press and opponents occurred regularly throughout the year.” Recently, both Hutu and Tutsi civilians have been targets of mass killings and acts of genocide organised by the state and armed militia groups. he attacks took place against a background of government complacency: in July and August 2006 more than 30 civilians were killed by the National Intelligence Service while being questioned in official custody, their bodies A new UN body, called the United Nations Peacebuilding Commission, plans to make Burundi one of the first two countries to benefit from the new commission’s support, with a focus on the strong need for human rights protection in the country. “As the Peacebuilding Commission has recognized, real peace must be built upon a solid foundation of law and human rights,” said Alison Des Forges, senior Africa advisor at Human Rights Watch. “Burundian authorities have done little to bring officials implicated in killings and torture to justice, but instead have cracked down on journalists and others who point out 2007 World Press Freedom Review 13 Cameroon government failings. Killings and torture in Burundi must stop, the perpetrators of past crimes must be punished, and freedom of speech must be respected.” Although there are a few private radio stations running in the country, most of the media is state-dominated. he independence of stations to report news as they see fit came strongly into question when three journalists were arrested for reporting on an alleged coup plot at the end of 2006. he acquittals of Matthias Manirakiza, director of Radio Isanganiro, Domitile Kiramvu, a reporter for private Radio Publique Africaine (RPA) and Serge Nibizi, editor-in-chief of RPA on 3 January of 2007 were hailed by RSF as a victory for journalism in the country. hey had been charged with reporting in November 2006 on an alleged coup plot. hey had cited sources in a report alleging a fake attack was being planned against the presidential palace. he court rebuffed the government with its decision, rejecting the prosecution’s story that the three had compromised public security through their reporting. hey had faced three years’ imprisonment and fines of US$290. “We are relieved that our colleagues have been cleared of these preposterous charges and are to be freed,” said Joel Simon, executive director of the Committee to Protect Journalists (CPJ). “We urge the government to take note of this ruling and cease the prosecution of journalists for critical reporting.” Other recorded incidents of harassment include the sequestering on 1 February of RPA reporter Gerard Nibigira, who had his materials taken by a guard and was then ordered to leave during a speech by Hussein Radjabu, president of the opposition party National Council for the Defence of Democracy-Forces for the Defence of Democracy (CNDD-FDD) in Gitega. he Interior Ministry had forbidden any political gatherings involving Radjabu. Director of RPA Emmanuel Nsabimana was released by public prosecutors on 30 August after being held and questioned over information he had released a few days earlier regarding a possible coup d’état by close relatives of President Nkurunziza. Nsabimana’s lawyer stated that it was up to the justice system, with its great means and constitutional prerogatives, to carry out investigations in order to verify information reported on by RPA. RPA was again in the hot seat on 18 October when Nsabimana and director of the Rainbow newspaper hierry Ndayishimiye were called to appear in a Bujumbura court by the city’s Attorney General, Chantal Mukeshimana. hey were questioned in relation to stories regarding Protestant church Pastor Esron Rutayisire, who had been accused of sexually abusing a girl. he magistrate demanded to know the source of a recording involving the pastor and a girl, and the reason for its release to the public. Journalist Franck Kaze, president of the Burundian Association of Journalists (ABJ) was brutally beaten by police on 27 October when he showed up to cover a police operation at a bar in the country’s capital. When he tried to question a police officer about the reasons for the sting, he was beaten and taken to a police cell in Bwiza where he spent the night. He was transferred to another cell in Kigobe the following day and later released. He went to hospital suffering from several wounds. A police spokesman said he would severely punish anybody who published informa● tion on the incident. T he government of President Paul Biya, re-elected in 2004, continued to maintain fairly tight control over the media, particularly broadcasters. However, the introduction of a number of private radio stations in the country since 2000, and this year’s formal approval of licenses for a handful of them, has ushered in some much-welcome change. In the meantime, all media is still heavily restricted by Cameroon’s strict libel laws, which are often used to harrass journalists who express unpopular views. In April, Georges Gilbert Baongla, of the weekly tabloid Le Dementi, was charged with publication of obscene materials, public contempt of morals and contempt of decency, criminal violations carrying a potential prison term of up to two years and a fine of up to US$4,000. he charges related to the publication of a story suggesting an unidentified government minister was involved in a “homosexual scandal”. Homosexuality, a legal offense in the country, remains taboo, and reporting thereon is always risky. Baongla, who was arrested by plainclothes police and questioned about his sources, was taken to Kondenguy Central Prison pending his trial. All media is still heavily restricted by Cameroon’s strict libel laws, which are often used to harrass journalists who express unpopular views In late July, Roland Tsapi, a journalist for the daily Le Messager, was assaulted by riot police while covering a march by the country’s political opposition in Doula. Tsapi, who spoke to police officers at the site of the demonstration, was suddenly pushed towards approaching riot police, who had been called in to quell the crowd. he riot police officers kicked and beat him with truncheons and rifle butts. Tsapi, a well-known journalist, was taken to an emergency room and was said to have sustained multiple bruises to his head. August brought some positive news, with four private broadcasters finally receiving their licences to operate. he license approvals for Sweet FM, a Douala-based radio station, Spectrum Television (STV), Canal 2 International television and TV+ cable television, brought an end to the mo- 14 World Press Freedom Review 2007 sale, which is required under the country’s restrictive press law. Reports indicated that the rule was rarely enforced in urban areas, but continued to prove a powerful tool for rural authorities seeking to censor unpopular content. Tayu, who went into hiding before the verdict was issued, was sentenced in absentia and is now being sought by way of arrest warrant. In the meantime, Tayu’s father, a local tribal elder, was detained for failing to produce his son. His publication, which was repeatedly searched after proceedings were initiated against it, halted operations after the verdict. he Nso Voice is known for its critical coverage of the local government, and this reputation has subjected Tayu to repeated interference. For example, in 2004, he was imprisoned for eight months for allegedly defaming Kumbu’s mayor. Chinese President Hu Jintao, right, reviews the honor guard in company with with his Cameroonian counterpart Paul Biya during a welcome ceremony in Yaounde, capital of Cameroon, Wednesday, Jan. 31, 2007. AP Photo/Xinhua, Ju Peng nopoly on broadcasting previously held by the notoriously pro-government, state-run radio and television corporation (CRTV). Communication Minister Ebenezer Njoh Mouelle deemed the development “a big day for the media in Cameroon”, and expressed hope that the broadcasters would “work within the legal framework put in place by the government.” A law permitting privately-owned radio and television stations was enacted in 1990, but legislation specifying conditions for private broadcasters was not signed until 2000. Since then, over 100 private broadcasting applications have been filed with the ministry. Government officials have justified the delay, as well as the very limited number of licenses issued this year, by noting that the sector is “sensitive.” hey have urged for patience, but in August also expressed hope that the remaining applications would be evaluated within several months. In addition to government delay, the high cost of the broadcasting fee – around US$210,000 for a licence valid for five years for radio and 10 years for television – has proved a serious hurdle for companies seeking to put an end to their current legal limbo. Approximately 46 broadcasting companies are operating without the proper authorization, largely because they cannot afford to pay the license fee. Mouelle signalled his willingness to work with these broadcasters, stating that his ministry would afford additional time to those who informed it that they needed it. He added that his ministry was “not here to order them to close down their radio or television stations,” and noted that deadlines for payment would be fixed at a later stage. August did, however, also bring some disconcerting news. A Kumbu court sentenced Wirkwa Eric Tayu, the publisher of The Nso Voice, a small, private weekly, to one year in prison and fined him US$1,800 for charges stemming from an 23 April story addressing a government audit report linking Kumbo’s mayor with corruption. he charges alleged eight press offenses, including criminal defamation and publishing a supplement without authorization. he latter was particularly suspicious, with Jean-March Soboth of the press trade union indicating that many papers published supplements without separate authorization. In addition, Tayu was accused of failing to deliver copies of the paper to the local prosecutor before their he high cost of the broadcasting fee – around US$210,000 for a licence valid for five years for radio and 10 years for television – has proved a serious hurdle for companies seeking to put an end to their current legal limbo September brought news of another troubling incident. Harrys Robert Mintya, managing director of Le Devoir, an independent newspaper, received several telephone threats shortly after he pleaded guilty to a libel charge. he charge was based on July articles accusing two ministers of blocking public funds for personal reasons. Mintya, who was fined US$2,100 for the offense, believed the calls were related thereto, with the callers warning him that he would be killed if he continued to “print lies”. ● 2007 World Press Freedom Review 15 Central African Republic E scalating violence in the northeast of the Central African Republic (CAR) has stunted development and journalistic freedom in one of the poorest nations in the world, and led to United Nations Security Council authorisation to deploy forces to the area in September. Security Council resolution 1778 focuses on areas of CAR where general lawlessness, armed conflict, and chronic instability are making an ongoing humanitarian crisis worse. he mission of the soldiers is to protect civilians, particularly displaced people and those still living in their home communities. Tens of thousands of civilians have been forced to flee their villages because of a government counter-insurgency campaign. he media had been slowly improving in this impoverished land, but the situation has begun to deteriorate due to continuing instability in the north, and distrust between media and the government is on the rise. Human Rights Watch released a report on 14 September stating government troops, especially the Presidential Guard, have carried out hundreds of unlawful killings and burned an estimated 10,000 civilian homes since mid-2005. he UN Office for the Coordination of Humanitarian Affairs estimates that at least 120,000 citizens have been driven from their homes. Rebel forces are guilty of other abuses, less serious than those of the government forces: extortion, beating of civilians, livestock looting, forced taxation, and kidnapping. Bandits called zaraguinas, who kidnap children for ransom, exacerbate the situation in the northwest. In the midst of the atrocities, not a single soldier or officer has been held accountable for the crimes which have taken place, claims Human Rights Watch. here is some hope this will change with a 22 May decision by the International Criminal Court (ICC) that it will investigate crimes in CAR. he government requested an investigation into the situation in the country in December 2004. Political instability has plagued the small country. Former Army Chief of Staff Francois Bozize launched a coup against then-President Ange Felix Patasse in October 2002, which led to the overthrow of Patasse’s government in March 2003. Militia recruited to support Patasse’s cause are accused of committing widespread crimes including rape, summary executions, disappearances and looting. Since May 2005, Bozize’s government has fought rebellions in the northeastern and northwestern regions of the country, and it is in these regions that government forces have been partaking in serious abuses against civilians. Bozize stated a desire to introduce democratic reforms to the country, a move welcomed by the international community. CAR leans heavily on multilateral foreign aid and the presence of many NGOs, which are filling in the gaps regarding numerous services that the government is failing to provide. he presence of so many foreign organizations in the country is a major source of income for many from CAR. Although the country is self-sufficient in food crops, much of the population lives at subsistence level. he economy is dominated by the cultivation and sale of crops such as peanuts, maize, cassava, sorghum, millet, sesame and plantains. he per capita income of CAR is listed at around US$300 a year, one of the lowest in the world, though this figure does not include the unregistered sale of foods, locally produced alcohol, diamonds, bushmeat and ivory. he informal economy of CAR is more important than the formal economy. Diamonds account for the country’s greatest export revenue, though up to half leave the country through secret channels. Journalists in CAR cannot be jailed for press offences since a law was passed in November 2004 decriminalising defamation and publication of “false news”. he CAR government’s decision to amend the 1998 Press Law followed Bozize’s rise to power in a March 2003 coup. However, defamation still remains a general criminal offence in the penal code, which continues to be used against the media, according to Article 19. In Article 19’s defamation map, CAR lost ground over its past rating, based on figures from between 2005 and 2007, and Reporters Without Borders (RSF) claims there are “noticeable problems” within the media environment. A clear sign of the worsening relationship between the government and media was the sentencing of the leader of a local group of private press editors on 2 April in the capital of Bangui for statements critical of the governmental High Communication Council (HCC). He had been held in prison since March 12. Michael Alkhaly Ngady, head of the group of editors known under the acronym GEPPIC, was sentenced to two months in prison and fined US$636. he Committee to Protect Journalists (CPJ) reported he was charged with “resistance and disobedience to public authorities and contempt for the laws.” Ngady is also director of private weekly Les Temps Noveaux, according to reports. he charges came after Ngady led the GEPPIC and other local press groups in the filing of a separate complaint against the HCC because of alleged irregularities in the appointment of some of its nine members, according to the CPJ. HCC President Pierre Sammy-Mackfoy accused the GEPPIC of “sabotaging the actions of the HCC”. he HCC had been created one month earlier as an independent body with regulatory powers. It had already suspended private weekly Le Centrafriqu’Un for one month, according to local journalists. he following day, the GEPPIC instructed the paper to continue publishing due to “irregularities which have marred the appointment of certain (HCC) members”. “Far from showing contempt, Michael Alkhaly Ngady is engaging in the democratic practice of representing the views of his membership on a matter of public importance,” said Joel Simon, CPJ executive director. Ngady filed an appeal, but it was never heard. he editor was one of four threatened with death the previous year by a government minister for critical reporting of the fighting in the northeast ● of CAR. World Press Freedom Review 16 2007 Democratic Republic of Congo Death watch country (2) L abelled one of the world’s “worst media backsliders” in 2007, journalists in the Democratic Republic of Congo (DRC) faced threats, arrests and violence, including the death of two journalists in the past year. CPJ stated in May that DRC had gained a dubious distinction due to its press freedom deterioration over the past five years, which included the slaying of journalists, a three-fold increase in attacks on media workers, skyrocketing criminal libel cases and a quadrupling of media imprisonments. In addition, press freedom group Journaliste en Danger (JED) were forced into hiding both in 2006 and 2007 after numerous death threats. In the middle of August 2007, IFJ declared DRC the second most dangerous place for journalists in Africa to work, after Somalia. “Journalists in (…) DRC are being jailed, attacked and censored, a picture far worse than what we saw only a few years ago,” said CPJ Executive Director Joel Simon. Joseph Kabila, elected in the country’s first democratic elections in 2006, and son of assassinated former leader Laurent Kabila, has done nothing to fulfil the promises he made during his swearing-in on 6 December 2006. Kabila said his five-year mandate would be run under the trilogy of “democracy, good governorship and human rights.” One year later, no laws or decrees had been passed to guarantee transparency, and the business of the state continues to be managed in absolute secrecy. he country, devastated by a five-year war that started in 1998 and caused the death of more than four million people, has been classified one of the most corrupt countries on the planet by Transparency International. A peace deal was signed in 2003 during the formation of a transitional government, but the threat of civil war still looms, and fighting broke out again in the eastern part of DRC in December 2007. he war saw government forces, joined by Angola, Namibia and Zimbabwe, battling against rebels supported by Uganda and Rwanda, putting DR Congo at the centre of what has often been called “Africa’s First World War.” Fighting disturbed farming and trade, and the country is still lacking the infrastructure to provide its citizens adequate clean water, food, health care and education. DRC hosts the UN’s biggest peacekeeping mission. he DRC holds the worst record for the number of journalists imprisoned in the region, with at least seven jailed since January 2005. Article 19 states that the provision for libel in DRC is set out in Article 75 of the Criminal Code, Article 5 of the Code of Ethics, and Article 73 of the Press Law. “Its criminalization in the Criminal Code does not allow for truth as a defence. he law is applied and jail terms handed out frequently.” RSF added, “Custodial sentences are routinely handed down in the DRC to gag the media (…). Many trials are conducted in an unfair manner and there have even been occasional reports of illegal hearings resulting in sentences.” Media violations and attacks against dissenters have been on the rise since Kabila gained power, and according to JED, one year after the establishment of new “democratic” institutions, violations of media freedom and against journalists rose by an astonishing 30 per cent over 2006. To inflame matters, 90 per cent of the violators in the 163 reported cases were those very organisations meant to protect journalists, including the police, state security forces and the army, claims JED. Reporters exposing corruption are at particularly high risk of attack or harassment. here are many daily newspapers, dozens of private TV stations and more than 100 private radio stations. Radio is the dominant media, and BBC and Radio France Internationale are available in major cities. Attacks against the media in 2007 began on 7 January, when 15 journalists and other employees were dismissed and replaced at private television station Global TV. hey had been barred from entering their offices by management after demanding back pay for six to nine months of work. he station, owned by Catherine Nzuzi wa Mbombo, a powerful Congolese politician, refused to respond to the former employees’ claims, stated the National Union of Media Professionals (SNPP), which also stated that the employees had conducted their work in good faith and should be reinstated. “Journalists who know they will be fired for demanding fair pay are extremely vulnerable to threats to their editorial independence,” stated Gabriel Baglo, director of the International Federation of Journalists (IFJ) Africa Office. “Journalists working at Global TV cannot stand up for themselves or their reporting when the company has made it clear they will be fired for questioning management’s authority in any way.” Journalist Rigobert Kakwala Kash, editor of private weekly Le Moniteur was sentenced to 11 months in prison on 11 January. Kash, the first journalist to be jailed since Joseph Kabila became president, was charged with libel, insult and spreading false rumours about Jacques Mbadu Situ, governor of the western province of BasCongo. Kash was punished twice, as the High Authority for the Media (HAM) suspended the paper’s licence for six months one day before Kash’s arrest after another complaint by the governor on the same case. he governor had objected to reports which ran in the 21 November, 4 December and 27 December issues of Le Moniteur, which stated he had handed out about 80,000 euro to provincial government employees despite orders from the interior ministry not to do so. Kakwala’s lawyer stated that the court did not follow proper legal procedure, since it issued a verdict and sentence without hearing an appeal. He is appealing the sentence. A journalist from Radio Communitaire Muanda, located in Muanda in Bas-Congo, was severely attacked and beaten on 2 February by commander of the territory administration office Michel Mbuyi. Nelson Ntamba told JED he had gone to the territory office – where the General Staff of the Congolese National Army has set up since fighting started between followers of the political religious group Bundu dia Kongo (BDK) and government forces – because he wanted to get information about the burial of military officers killed in fighting the previous day. he fighting had caused the deaths of about 100 people, including a dozen soldiers and police officers. At the office, he witnessed two soldiers beating two young men who they said had killed their commander. Ntamba went to see the city’s deputy territory administrator, Vincent Dikila, to ask about the attack, where he was violently grabbed by Mbuyi and called a spy. Other soldiers rushed in to beat Ntamba, who came away with severe head injuries from which he has not yet recovered. 2007 World Press Freedom Review Rebel ighters examine an antiaircraft gun they captured from Congolese army base in a recent battle in Mushake. James Akena / Reuters Idesbald Byabuze Katabaruka, professor of Bukavu Catholic University (CUB) in Sud-Kivu and director of a new Rwandan newspaper Mashariki News, was sentenced to 30 days of detention by Gikondo local court in Rwanda on 23 February while awaiting trial on charges of “segregation, sectarianism and threatening national se curity” for an internet article called “Rwanda Alert” which harshly criticised public authorities. Byabuze was arrested on 16 February by Rwandan police while teaching a course at the Private International University of Central Africa (UNILAC) in Kigali and released on 21 March. he charges were dropped, but he was declared a persona non grata by the state prosecutor and escorted to the border of DRC by police and immigration officers. On 26 February, reporter Popol Ntula Vita was sentenced to three months in jail without parole and fined damages of US$ 6,450 for “defaming and damaging allegations” against homas Ndombasi, the local tax office head, and three of his co-workers. Ntula, who works for the Kinshasa-based weekly La Cite Africaine wrote an article on 6 January entitled “Alert at the Boma Tax Centre” about misappropriation of funds. Faustin Bela Mako, publisher of small newspaper Congo News, was severely beaten on 2 March by attackers identified as being close to Gabriel Kyungu wa Kumwanza, a provincial Member of Parliament. Mako, also assistant secretary for communications in the Lubumbashi section of the National Union of Congolese Federalists party (UNAFEC) wrote a commentary in La Fleche Hebdo supporting MP Kisimba Ngoy, national president of UNAFEC. Media closures and raids have been a grave impediment to freedom of speech in the DRC in 2007. On 7 March, public broadcaster Radio Télévision Rationale Congolaise (RTNC) and private Radio Télévision Graben were forced off the air in eastern North Kivo province by police in Butembo because of broadcasts critical of the local mayor’s response to a city-wide strike. On 17 March, community station Radio ODL in the Western Kasaï town of Luebo was brutally raided, looted and van- 17 dalised, and staff members chased off the premises by armed police acting on orders of local Police Chief Oscar Malongi. It was accused of spreading “hate messages” by Malongi because it aired an interview with opposition provincial parliamentarian Bafuafua Kalala that criticised police for arbitrary arrests. Ten journalists and technicians at three TV and radio stations owned by defeated opposition candidate Jean-Pierre Bemba went into hiding on 21 March after studios of the two TV stations were attacked and ransacked during clashes between Bemba’s forces and government troops, believed to be the attackers. Canal Kin Television (CKTV), Canal Congo Television (CCTV) and Radio Liberté Kinshasa staff fled their premises after the attacks were launched following a interview by Bemba in which he claimed the army high command embezzled about US$ 900,000 from the military payroll each month. Journalist Minyanya Wasso of private station Radio Liberté was arrested and held in jail for two days in eastern North Kivu province on 27 March because of alleged incitement to sedition and contempt of authority. Wasso hosts a civic education programme and had cited constitutional 18 protection against forced labour after an official announcement to the public to participate in mandatory community development projects, says JED. he 13 April results of a trial on the murder of a journalist and his wife were incomplete and disappointing, according to JED. Joël Munganda, Papy Munongo and Didier Awatimbine were found guilty of murder, attempted murder, extortion and violation of jail regulations in the case of Franck Ngyke Kangundu, editor of daily paper La Référence Plus, and his wife Hélène Mpaka, who were shot at point blank range on 2 November 2005 in their Mombele home. Munganda and Munongo received the death penalty, while Awatimbine was handed a life sentence. JED says the trial did not allow “the whole truth to come out” about the motives for the murder, and that the real motives still remain unknown, adding that the court refused to hear reports from many witnesses who claimed someone else was behind the murder. he court called the murders a crime against property, though many witnesses stated Ngyke’s murder was a contract killing. Also on 13 April, reporter/cameraman Papy Ntembe Moroni was provisionally released without a trial after being held for 132 days in the Kinshasa’s Secret Service Police cells and the city’s main prison. He was accused of “inciting hatred and violence, spreading false rumours and public insults.” Moroni, who works for private station Canal Congo Television (CCTV) claims he suffered severe brutality while being held. On 6 May, publisher Jean-Pierre Phambu Lutete of bi-weekly La Tolerance was arrested and held for five days on an unsubstantiated charge of extortion. Michel Mutabesha Bakuza, reporter with state-funded Radio Télévision Nationale Congolaise (RTNC) was indefinitely suspended on 8 May by officials in Goma for “breaching the station’s editorial policy” after airing an interview with dissident general Laurent Nkunda “without prior consent from the station’s management.” In the interview, Nkunda was critical of the government’s slow pace of integration of his troops into the Congolese armed forces. On 20 May, HAM suspended all broadcasts by private station Radio Television Debout Kasan (RTDK) for seven days after accusing the station of broadcast- World Press Freedom Review ing two “defamatory” programmes on 15 and 16 May. he station also allegedly uttered threats against governor of East Kasai province Ngoyi Kasanji and was accused of “contempt, threats and bullying towards authorities.” A sad and dramatic violation of media freedom took place on 13 June when Serge Maheshe, broadcaster for United Nations-sponsored Radio Okapi in south eastern Bukavu, was gunned down while getting ready to enter a UN vehicle with two friends. He died later in hospital. he unidentified attackers ordered the men to sit on the ground and asked Maheshe his name before shooting him several times in the chest and legs. he friends fled the scene uninjured. Reporters at the Bukavu station of Radio Okapi often receive threats for their coverage of clashes between government security forces, rebel groups and local militia in the area, according to deputy editor-in-chief of the network Leonard Mulamba. Maheshe had worked at the station since 2003 and was one of four journalists threatened in 2004 after rebel forces invaded Bukavu. He had informed JED shortly before the murder that provincial and national military officials had recently threatened to kill him. Later in the year, JED and RSF accused authorities of conducting a farcical investigation and trial into Maheshe’s murder, which resulted in four people being sentenced to death only some weeks after the slaying. A military court convicted demobilised soldiers and petty criminals Freddy Bisimwa and Masasile Rwezangabo on 28 August after they admitted to shooting the UN reporter. Maheshe’s close friends who were with him at the time of the attack, Serge Mohima and Alain Shamavu, were found guilty of organising the murder. Six other people were acquitted. In a spectacular twist to the case, Bisimwa and Rwezangabo wrote a letter, dated 8 September, stating that two judges put them up to framing Mohima and Shamavu in the murder, promising them they would be quickly released and would receive regular income if they testified to shooting Maheshe at the request of the two friends. he two claimed the judges provided them with the gun used in the shooting and Maheshe’s mobile SIM card as evidence. hey said they wanted to clear the two friends so they could also be released. 2007 During the trial, which opened one day after the killing, the verdicts against Mohima and Shamavu were based primarily on the testimonies of Bisimwa and Rwezangabo, who claimed Maheshe’s friends ordered the killing in exchange for US$15,000 each and a ticket to South Africa. However, the statements of the pair were inconsistent and no motive was established. “his (…) destroys the credibility of military judges, who insisted on convicting Mohima and Shamavu despite acknowledging the existence of doubt,” said RSF, adding it had from the beginning stated the trial was riddled with absurdities and contradictions. “It is now time this sordid farce came to an end (…). We never imagined that the Bukavu military tribunal would take its incoherence and denial of justice this far.” Six days after Maheshe’s murder, Radio Okapi editor Basile Bakumbane fled from his station in the western Kasaï town of Kananga to Kinshasa after receiving several threats over a 7 June story about the firing of the local governor, according to CPJ. Private radio station Radio Canal Satellite was closed after a raid on 9 June by three agents of the Congolese National Intelligence Agency (ANR) for “intoxicating the population,” “broadcasting in bad French” and “operating without ANR documents.” he agents took equipment after staff ran from the studios fearing arrest, local journalists told CPJ. Station director Yves Beya had been receiving phone threats. ANR deputy chief in Tshikapa, Gustave Amuri, told local journalists he objected to various reports, including one about a pay dispute between Congolese and Lebanese workers in Kinshasha. he ANR does not have any media regulation authority under the country’s press laws. A RTNC journalist, Anne-Marie Kalanga, was shot in the legs on 17 June in Kinshasa after gunmen in police uniforms tried to force their way into her home, according to news reports. Journalists were attacked while covering ceremonies marking the 47th anniversary of the country’s independence on 30 June by Congolese security forces. Private station Vision Shala Television (VSTV) reporter Esther Wakilongo was detained by national police intelligence head Lieutenant-Colonel Anicet Muhimuzi while covering the celebratory parade in Bukavu. Wakilongo produced her press pass, but had her camera seized because she did not 2007 World Press Freedom Review have “the badge granting authorization to take pictures.” Wakilongo was not aware of the authorization and did not have her camera returned. Security services in Bukavu had apparently distributed badges to only some journalists and barred those refused a badge from conducting interviews or taking pictures. On the same day, JED reported that Ernest Mukuli, reporter with private broadcaster Radio Télévision Amani (RTA), was beaten by a presidential guard in Kisangani. Journalists from public broadcaster Ra dio Télévision Nationale Congolaise (RTNC) Vincent Hata, Eugène Risasi Tambwe, Makolo Tshilumbayi and Michel Shango were arrested on 26 and 27 July for union activism. RTNC management and the union had been unable to reach an agreement for several months and RTNC General Manager Emmanuel Kipolongo accused the journalists of “preparing a meeting with a view to destroying the public TV station’s installations.” JED was told by a member of the police Directorate for General Intelligence and Special Services (DRGS) that the unionists were charged with “publicly insulting the president, trying to destabilise RTNC and discrediting the government by launching a strike.” he four were originally held in a Republican Guard military camp, and transferred on 28 July to a DRGS headquarters. he second death of a journalist in DRC took place on 9 August, when freelance photographer Patrick Kikuku Wilungula was shot in the head by a gunman who attacked him near his home in Goma, capital of the eastern province of Nord Kivu, according to IFJ. Kikuku had worked for the Agence Congolaise de Presse (ACP) and Kinshasa-based weekly L’Hebdo de l’Est. IFJ says armed men in military uniforms arrested him and when he tried to run away one shot him in the head. Kikuku was also active in the National Association of the Press of Congo and worked for private newspaper Union Magazine. Kikuku’s camera was taken but not his mobile phone or money, witnesses reported to JED. It was the second killing in two months in DRC and the fifth since 2005. “he government makes no serious attempt to put a stop to this violence,” said RSF. “he inability of the Congolese authorities to render justice to the victims of violence makes this kind of tragedy possible.” A peaceful march involving about 100 journalists in protest of Kikuku’s murder on 16 August in Kinshasa was broken up by several Rapid Intervention Police officers, who were called to the scene while the journalists were heading to the Interior Ministry to make a statement. he march, organised by the National Photographer’s Union, was well underway when the officers stopped the marchers and ordered them to disperse, stating the urban authority had not been informed of the demonstration. he photojournalists informed JED they had written for approval beforehand to the governor of Kinshasa, the appropriate administrative authority. On 24 August, three people were sentenced to death in the killing of journalist Louis Bapuwa Mwamba, who was murdered during a botched robbery attempt in July 2006 by three armed men who broke into his home. Bapuwa Mwamba had been a correspondent for several Kinshasa-based newspapers. RSF was “worried and exasperated” on 11 September because of ongoing threats against partner organisation JED in the DRC. Information Minister Toussaint Tshilombo made public threats against the organisation on 31 July, and its leaders have received frequent anonymous death threats and insults over the past two years, said RSF and have been forced to leave the country twice after at least two serious warnings. After criticising authorities’ handling of the Maheshe murder, JED secretary-general Tshivis Tshivuadi was told by phone at the end of June that he might see “a rocket fall on (his) house.” In early July, Tshivuadi and JED executive-director Donat M’Baya Tshimanga were told by a reliable source that he should “adopt a low profile” and “leave the country temporarily” because JED’s activities in the Maheshe case were upsetting some unidentified “chiefs” inside the government. On 31 July, Tshilombo stated in an interview on private TV station Antennae A that JED is an “anti-patriotic organisation” and urged it to “take great care,” adding, “When we (the government) see that certain organisations are going too far, we can withdraw their legal status, especially antipatriotic organisations that go out of their way to make our country look ridiculous at home and abroad.” He added, “his practice must end. And I am firm about that. It must end.” After the broadcast, 19 Tshimanga and Tshivuadi fled the capital for several weeks. hey received further threats by fax on 20 August telling them to stop “poking their finger” into the case of murdered journalist Franck Ngyke. “Your time will come and we will know what to do with you,” said the message. A military general took responsibility for the threats on 2 September. he two JED journalists also hid their families and fled abroad for several weeks in mid-February 2006 after receiving anonymous phone and SMS threats following their release of a report into the Ngyke murder. “Aside from making life impossible for a small group of courageous journalists, these repeated threats show how dangerous it is to defend press freedom in Democratic Republic of Congo today,” said RSF. Gross violations of press freedom included a ban against 40 radio and television stations in the country’s capital, Kinshasa starting 20 October, called the “programmed death” of opposition media by JED. he 22 TV channels and 16 radio stations were pulled off the air for “failing to conform to laws” regulating the media industry, for not having valid licences, or for not paying taxes, says Information Minister Toussaint Tshilombo. he minister admitted that the ban stems from a March government meeting, when DRC armed forces had a violent clash with the guards of rebel leader Jean-Pierre Bemba. The ban came down especially hard on networks owned by Bemba. Even after submitting the requested forms and paying dues, media stations have not been allowed to re-open, and their journalists have been without work or pay. “he general situation of the press is of concern,” says JED. “Not only have media outlets been forced to toe the official line to ensure their survival, but (those) who have upset authorities have already been reduced to silence.” JED adds the ban is just a sign of general deterioration of press freedom in DRC. The Federation of African Journalists, launched in November, called on the African Union Rapporteur on Freedom of Expression in Africa to investigate the actions of the DRC government for violating the fundamental rights of the peo● ple of Africa. World Press Freedom Review 20 2007 Côte D’Ivoire R esidents of the Ivory Coast are cautiously optimistic for the first time since civil war tore through the country in 2002, dividing it north from south, and political progress is aiding the development of a pluralistic press. President Laurent Gbagbo has gained international and local respect with his attempt to find lasting peace through the highly praised Ouagadougou Peace Accord, signed on 4 March 2007, though it remains to be seen if the agreement will actually be successful in ending the tense, five-year division between the rebel held north and the government held south, or fail as many others have in the past. So far the country has already been reunified, and the buffer zone between north and south – previously manned by French and UN forces – has been dismantled and replaced by a so-called “zone of confidence” separating north and south with a green line to be monitored by the United Nations Operation in the Ivory Coast (UNOCI). he accord, which attempts to heal the rift since current President, Laurent Gbagbo, declared himself elected president in 2000, and which later evolved into a full-scale civil war, has a greater chance of succeeding than past attempts for several reasons; not only does it involve no outside parties, but it is also the result of direct talks between the two sides involved in the conflict, the Gbagbo government and New Forces rebel leader Guillaume Soro, who has been appointed prime minister under the pact, a great step in itself. here are some mumblings from local media that the two sides have a hidden agenda, and that some of Soro’s followers are unhappy with the alliance; many fear that elections would be rigged in Gbagbo’s favour. here was an assassination attempt on Soro in June, and a suspected coup attempt on 28 December, designed to sabotage the peace process. he Gendarmerie was on maximum alert at year-end. Due to delays in disarming the militias and listing voters, the UN has decided to maintain sanctions, which include a ban on diamond exports, as well as travel bans and asset freezes for some leaders. he media are taking baby steps forward, including the open reprinting of articles from foreign papers. Broadcasts are Spouses of Niger’s military personnel hold a banner with a message of peace at the start of a march in the capital, Niam... Samuel De Jaegere / Reuters also heard from the BBC, Africa No 1 and Radio France Internationale (RFI). Young people in the capital of Abidjan are meeting each day to gather and pore through the latest news and information. In a poll, residents of the Ivory Coast had the highest rate of dissatisfaction with international news coverage of their country, 75 per cent seeing it as unfair. Despite having a pluralistic press, democratic regulation and laws forbidding imprisonment of journalists, RSF still labels the country one of Africa’s most dangerous foreign countries for both local and for- eign media. Overall, RSF claims the Ivory Coast has noticeable problems with press freedom, though the situation was rated slightly higher in 2007 over 2006. Imprisonment for defamation was abolished in November 2004, though defamation is still punishable under Article 78 with fines ranging from about US$21,600 – 43,200, according to Article 19. Libel against the head of state or other institutions is punishable by a fine of up toUS$43,200 under Article 72. Radio remains the most popular medium in the Ivory Coast, with several lowpower, non-commercial community radio stations – including some run by the Catholic Church – in existence. Although there are no private terrestrial television stations, pay-TV services are available through Canal Satellite Horizons. In the north, rebels who use state radio and TV facilities for their own broadcasting purposes dominate the press. As recently as 2004, the government has used media under its control, especially state broadcaster Radiodiffusion Television Ivoirienne (RTI), for its own purposes. he RTI headquarters was invaded in 2006 by members of the Young Patriots militia, which back Gbagbo. he group is accused of playing a key part in a failed 2004 attempt to regain territory held by the rebels, and at the time ransacked opposition media offices, forcing unsupportive journalists into hiding. hey also seized control of state TV and radio. So serious is the threat that Charles Blé Goudé and his Young Patriots (civilian militia) are today targeted by RSF as one of the world’s “predators of press freedom.” “he ‘street general’ and his henchmen frequently terrorise media outlets that do not support Gbagbo,” according to RSF. Peacekeepers started a radio station of their own in 2005, called Onuci FM, the range of which has grown to include rebelheld towns in the north. his year saw UN peacekeepers complain about the growing number of “inflammatory articles in the press,” according to a BBC article, and a growing number of attacks and harassment against publications. Interrogations and threats against journalists reporting on government spending in the Ivory Coast were condemned by IFJ on 14 September. In a move which goes against the government’s 2004 laws protecting journalists from imprisonment, journalist Claude 2007 World Press Freedom Review Dassé of private daily Soir Info was held for five days starting 25 January of by Abidjan investigative police on a charge of contempt of court brought forward by the state prosecutor. RSF called the incident a “blatant abuse of authority and not the way to regulate the media in a democracy” whether the journalist was guilty of libel or not. he charges stemmed from a 24 January interview in which Dassé claimed the state prosecutor was corrupt for letting singer Pierrette Adams leave the country after paying thugs to beat him in 1997. Stories criticising Gbagbo led to charges of offending the head of state being brought against director Denis Kah Zion and reporter Andre Silver Konan of private daily Le Nouveau Reveil and private daily L’Inter reporter Hyppolite Oulan as well as director Jean-Marie Ahoussou on 28 February. he article concerned was called “he 7-Year Record of the FPI Party: he 100 Crimes of Gbagbo.” he two were jailed after refusing to apologise for running a story recounting alleged political assassinations and scandals which had occurred during Gbagbo’s rule. hey were then provisionally released following a rally by supporters in front of the police station and ordered to appear at a later date before the state prosecutor. he story run by L’Inter, reprinted from a Paris publication, alleged Dutch company Trafigura, involved in a 2006 toxic waste scandal, had agreed to pay for repairs amounting to US$ 10 million to the president’s Fokker-100 plane in settlement for causing the deaths of at least 10 people from waste dumped by a company ship. A news conference was held on 16 April to address the fact that the truth behind the disappearance three years ago of French-Canadian journalist Guy-André Kieffer in Abidjan is still unknown. RSF launched a poster campaign to remind the French public of the mysterious disappearance, which occurred in the run-up to the presidential election. he case is plagued by continuing obstruction of the investigation by Ivorian authorities, especially those close to the president. “We are demanding that those responsible for our colleague’s disappearance should be identified and punished (…) to render justice to Ivorians themselves, who have a right to know why and how a journalist can be kidnapped in broad daylight in Abidjan and whether any of their president’s close aides were involved,” says RSF. The IFJ expressed concern mid-year about the number of newsroom robberies and lack of government action against perpetrators involved, after raids on four media companies over a two-month period by armed groups who stole documents and equipment. It claims the attacks create an environment of “fear and panic in the press” and could destabilise peace processes in the country. he IFJ also condemned the August ransacking of private newspaper L’Intelligent d’Abidjan by dozens of young people protesting an article linking a student group to an opposition political party. About 50 students calling themselves members of the Student Federation of Cote d’Ivoire (FESCI) attacked the paper’s headquarters and forced journalists and other staff from the building while raiding the offices and stealing journalistic materials. Police arrived and negotiated with the students until they left, but there were no arrests. One FESCI leader, Jean-Claude Koffi, claimed the group attacked in protest of the paper’s refusal to publish his rejoinder to the offending article, published 14 August. he group is considered to be close to the ruling party. FESCI members also mobbed the Ivorian public television headquarters on 15 July to protest a teacher’s union statement announcing a boycott of examinations. hree people were wounded and some vehicles damaged. Journalistic materials were once again stolen and no arrests made in connection with the attack. “We urge authorities to conduct an investigation in order to bring those responsible (…) to justice,” stated Gabriel Baglo, director of IFJ’s Africa office, “his is only one of many recent attacks on media in Cote d’Ivoire and if the government ignores this attempt to intimidate the press, it will only provide more incentive for this type of violence and intimidation (…).” Three journalists from private daily newspaper Le Rebond – director Assoman N’Guetta, editor-in-chief Nando Dapa and reporter Laure Gozo – were interrogated for three days in mid-September by the police on instruction from the public prosecutor in relation to two articles. hey also received a death threat from Member of Parliament William Atteby, who was on the “38 billionaires” list that ran in the paper. he articles, one listing the worth of the “38 billionaires” (in local currency) of rul- 21 ing party Front Populaire Ivoirien (FPI), led by Gbagbo and his wife, and another stating the President and Prime Minister “wasted” US$20 million on a ceremonial bonfire of weapons last August, were supposedly defamatory towards the President and some members of the ruling party. he MP who relayed the threats and the First Lady filed slander complaints against Le Rebond. Around the same time, managing director of daily newspaper Le Jour Plus, Coulibaly Seydou, and journalist Alexis Noumé, were interrogated by criminal police for an entire day. hey were also accused of offences against the head of the state after running an article stating that ruling party members were being investigated by the ● CIA. World Press Freedom Review 22 2007 Equatorial Guinea E quatorial Guinea continues to be rated as one of the worst oppressors of media in the world. he Committee to Protect Journalists (CPJ) lists it as one of the five most-censored countries, while Reporters Without Borders (RSF) calls President Teodoro Obiang Nguema Mbasogo one of the world’s “predators of press freedom” and lists it in the “red zone” regarding difficulties faced by independent press. Equatorial Guinea is one of the few African countries with virtually no independent media, along with a reputation for grave violations of human rights. It is among the top 10 most corrupt states, according to corruption watchdog Transparency International. Equatorial Guinea continues to be rated as one of the worst oppressors of media in the world he President and his family have controlled the economy and politics of the country since Obiang seized power in 1979 from President Francisco Nguema, creating a suffocating cult of personality. Radio is the main source of information in the country, where many people are illiterate and impoverished. All radio stations are state run, except one private broadcaster run by the President’s son, Teodorino Obiang Nguema. State-run radio has called Obiang “the country’s God” and has broadcast songs telling citizens they will be crushed if they oppose the regime. Exiled press freedom group ASOLPEGE-Libre says state broadcasters are “pure governmental instruments in the service of the dictatorship, dedicated uniquely and exclusively to political narcissism and the ideological propaganda of the regime…”. Although some mild criticism of public institutions and infrastructure is tolerated, if it is thought to be undeserving, harsh penalties follow. he regime says the lack of democracy is due to “poverty” but in recent years the former Spanish colony has become subSahara Africa’s third-largest oil producer; in 2004 it was home to the world’s fastestgrowing economy. In 2006, it was among the top 10 destinations in Africa for foreign direct investment (FDI). Despite an apparently booming economy with the second-largest GDP in the world of more than US$30,000 (according to the 2006 CIA Factbook, behind only Luxembourg), it is in the bottom third of the UN human development index, and most people in the country struggle by on less than one dollar per day. he country, with a population of about 500,000, has earned billions from oil in the past decade, but completely ran out of vaccines for several months last year, and citizens in the countryside have to travel many kilometres to reach a clinic. Sewage runs through the streets in Malabo, the capital, there is no public transport and little electricity and drinking water. Criticism of Obiang’s cruel regime is unacceptable. Officially there are a handful of private newspapers, but they rarely publish due to political and financial pressure. One semi-secret opposition newsletter exists, which is regularly harassed by the regime. Some foreign celebrity and sports publications have been available in recent years, but no newspapers, and there are no bookstores or newsstands. Any publications that offend are banned. Foreign broadcasts are allowed, including BBC, Radio Exterior and Radio France Internationale. Internet access is severely restricted to less than 0.5 per cent of the population, primarily due to poverty, and is believed to be monitored by government. Equatorial Guinea is one of the few African countries with virtually no independent media, along with a reputation for grave violations of human rights. It is among the top 10 most corrupt states, according to corruption watchdog Transparency International Foreign correspondents are often denied visas or expelled with no official explanation. hose few in the country are put under constant surveillance, threatened and warned. Although the constitution guarantees freedom of expression and freedom of the press, in reality it doesn’t exist. A Press Law passed in 1992 gives the government wide-ranging powers restricting the press through official pre-publication censorship. As well, accreditation is incredibly strict for both local and foreign journalists, who must register with the Ministry of Information. A lack of press violations is usually seen as positive, but the fact that none were recorded again in Equatorial Guinea in 2007 is a bad sign in this media-oppressed state. Equatorial Guinea had its first multiparty presidential elections in 1996, in which Obiang was re-elected with 99 per cent of the vote among widespread allegations of fraud and irregularity. Candidates pulled out in the 2002 election for the same reasons; Obiang won again with 97 per cent of the vote. he 1982 constitution gives Obiang extensive powers, including naming and dismissing members of cabinet, making laws by decree, ratifying treaties, dissolving the Chamber of Representatives, and calling legislative elections. He has kept his role as commander-in-chief of the armed forces and minister of defence. On a slightly positive note, the government has started a plan to put some oil revenue into social projects. It has announced it will spend US$12 billion in infrastructure programs, with a focus on transportation, social and energy sectors. ● 2007 World Press Freedom Review 23 Eritrea Death watch country (1) D evelopments in Eritrea were so dire that the nation was repeatedly singled out as this year’s most egregious suppressor of press freedom. he country’s reputation was marred above all else by the aftermath of two waves of journalist arrests, carried out in September 2001 and November 2006. he first crack-down occurred immediately after the 9/11 attacks on the United States, when President Isaias Afwerki’s government launched an assault on practically all of the young nation’s critical voices, arresting hundreds of government opponents, shutting down every independent media outlet and arresting independent journalists on sight, all in the name of combating terrorism. he crackdown was said to have been motivated by an effort to eliminate political dissent ahead of elections, which were scheduled for December 2001 but subsequently cancelled without explanation. Approximately 8 to 12 journalists were imprisoned, then subsequently transferred to undisclosed locations in April 2002, after going on hunger strike. he journalists were said to include Dawit Isaac and Fessehaye “Joshua” Yohannes, both of the now-defunct Setit; Yusuf Mohamed Ali, editor-in-chief of the weekly Tsigenay; Mattewos Habteab and Dawit Habtemichael, editor-in-chief and assistant editor respectively of Meqaleh; Medhanie Haile, deputy editor of the weekly Keste Debena; columnist Temesken Ghebreyesus, of Keste Debena; Emanuel Asrat, editor-in-chief of Zemen; Said Abdulkader, editor of the weekly Admas; Seyoum Tsehaye, freelance photographer and former director of the Eritrean State Television; Hamid Mohammed Said, of Eritrean State Television; and Saleh Al Jezaeeri, of Eritrean State Radio. Subsequent to the 2001 crackdown, the Eritrean government has not only refused to lift its ban on the private press, but has extended its harassment by detention without charge to members of the state-run press, as well. he crackdown in November of 2006 focused on journalists working for the state media, with nine journalists detained, apparently in an effort to intimidate state media workers after several colleagues had fled the country. he journalists, arrested on suspicion of either remaining in contact with the defectors or intending to themselves flee the country, were beaten to reveal their email account passwords and warned that any “transgressions” would lead to immediate re-arrests and idefinite confinement. Several of the journalists were subsequently released, but were followed and had their phones tapped. hey were also forced to return to work and expressly forbidden from leaving Asmara, the capital. Information about those remaining in prison initially proved practically impossible to come by. By 2007, however, concerns regarding the lack of information available about the journalists continuing to linger in prison gave way to dismay about multiple specific reports of journalist deaths both in detention and during attempts to flee the country. In February, reports surfaced that Fesshaye “Joshua” Yohannes, who founded Setit, a former weekly, and was the recipient of the Committee to Protect Journalists’ (CPJ) International Press Freedom Award in 2002, had died. Yohannes, a former Eritrean independence fighter turned journalist when Eritrea became a state in the early 1990s, was imprisoned without charges in September 2001. He was said to have died in a prison outside of Asmara, on January 11, having succumbed to illness, though other reports claimed he died as early as 13 December 2002, in a prison in Embatkala, northeast of Asmara. Eritrean officials refused to confirm these reports, with presidential spokesman Yemane Gebremeskel claiming that he was not even aware of the journalist’s identity, and Information Minister Ali Abdu telling CPJ in a June interview that he had nothing to say about the matter, which should be left to Eritrea. he journalist, born in 1958, was well known for his confrontation of various sensitive issues plaguing Eritrea, such as poverty, prostitution, and its lack of infrastructure for handicapped veterans of the country’s struggle for independence. He was also active in trying to create a journalist’s union to improve press freedom conditions. Setit grew into the nation’s largestcirculation newspaper, but soon incurred the wrath of the government. Initially he and other journalists imprisoned in 2001 retained some contact to the outside world, but were transferred to an undisclosed location following a May 2002 hunger strike. Yohannes, who was paralysed in one hand, was reportedly imprisoned at Eiraeiro, in the Northern Red Sea desert province, a notorious prison allegedly holding at least 62 political prisoners. News of the prison’s existence emerged only in 2006, after several political prisoners died there. Conditions at the facility are said to be brutal, with inmates permanently manacled, forbidden from communicating with each other or guards, and provided with little other than bread and vegetables to eat. According to some reports, Yohannes was subjected to torture, with reports indicating that his fingernails had been ripped out. He was married and the father of two sons. His family was never formally notified of his death, and they were not able to recover his body for a proper burial. According to several estimates, as many as three other journalists may also have died in custody, possibly as early as 2005 or 2006. hey include Said Abdulkader, of Admas; Medhanie Haile, of Keste Debena; and Yusuf Mohamed Ali, of Tsigenay. As of 2007, the others remain in jail, held incommunicado and without charge or access to legal representation. hey are said to include Fitzum Wedi Ade, assistant editor with Zemen; Selamyinghes Beyene, reporter for Meqaleh; Habteab and Habtemichael of Meqaleh; founder and manager Zemenfes Haile and reporter Ghebrehiwet Keleta of Tsigenay; Tsehaye, and Daniel Mussie, of Radio Dimtsi Hafash. he group also still includes Isaac, co-owner of the defunct Setit, arrested in 2001. Isaac, who is an Eritrean national but also holds a Swedish passport, was briefly released for a medical checkup in November 2005, but forced back to prison after just two days. He has not been heard from since. In the meantime, multiple journalists joined the hundreds of citizens trying to flee the country every month. Even those successful in their escape bore the burden of placing their relatives at risk for doing so, with close family members often imprisoned and forced to completely cut off contact with the outside world. One journalist paid particularly dearly for his attempt to flee Eritrea’s oppressive environment. In July, news emerged of the death of Paulos Kidane, a presenter with the Amharic service of state broadcaster Eri-TV and state Radio Dimtsi Hafash. he exact circumstances of Kidane’s death remained unclear. Kidane, believed to be 24 World Press Freedom Review 2007 Ethiopia in his mid- to late 30s, joined a group of seven other Eritreans attempting to flee to Sudan by foot in early June. Kidane, who suffered from both epilepsy and high blood pressure, was apparently unable to complete the trek, and ultimately forced to remain behind in a remote corner of northwestern Eritrea. he Eritrean Information Ministry later issued an internal announcement indicating that Kidane had died, and deemed his death “accidental.” No details were provided. With the country’s Information Minister, Ali Abdu, failing to respond to requests for further information, it remained unclear whether or not Kidane had died in the custody of Eritrean security forces. In addition, several journalists were arrested after trying to enter Ethiopia. In late May, Eyob Kessete, a journalist with the public radio station Dimtsi Hafash, was arrested by border guards as he tried to cross into the neighboring nation, and subsequently detained in a prison northwest of Asmara. In August, reports suggested that Johnny Hisabu, an editor with stateowned Eri-TV, who went missing in late May while trying to flee to Ethiopia, was arrested and detained in the southwestern town of Barentu, after border guards intercepted a group of refugees with whom he was travelling. Finally, Ahmed Bhaja, another journalist, was also said to have been captured at the Ethiopian border while attempting to flee the country. Even mere contact with others who had fled was punished. In June, Fetiha Khaled, a presenter on state-owned Eri-TV’s Arabiclanguage service, and one of the journalists detained in November 2006, was held at a detention centre, apparently for being in contact with one or more individuals who had fled to Sudan on foot. Reports indicated that she was soon taken to the Sawa military camp, located in northwestern Eritrea. By August, updated reports indicated that Khaled’s salary was being paid by the defence ministry, suggesting that she had been forcibly recruited into the army. Despite Eritrea’s government’s forceful suppression of its journalists, as well as its steady refusal to provide any information regarding the detained and possibly deceased journalists, the international community’s response was fairly muted throughout the year, particularly in Europe, where the once relatively forceful criticism has recently waned. In September of 2006, Brigitte Girardin, the acting French minister for cooperation and development, made an official visit to the nation, but made no public mention of the detainees. European development commissioner Louis Michel was similarly silent on the matter during his February 2007 visit to the country. Reports of a German government-funded journalism-training program for staff of the Eritrean Information Ministry emerged. Such reticence prompted the International Press Institite to appeal to H.E. José Manuel Durão Barroso, President of the European Commission, H.E. Robert Zoellick, President of the World Bank, and H.E. Douglas Alexander MP, UK Secretary of State for International Development, urging them to use their good contacts with the Eritrean government to convince it to release the imprisoned journalists and to improve its disasterous record regarding press freedom, including by incorporating the issue into considerations and exchanges concerning the delivery of foreign aid to ● the nation. T he Ethiopian media landscape –although offering a mix of positive and negative signs in 2007 – still faces major fallout from a harsh 2005 crackdown in terms of banned media, control of independent voices, regular blocking of Websites and use of the legal system to stifle journalists who refuse to tow the line. he release of 15 journalists from prison implicated in anti-government activities after disputed coverage of violent protests following the 2005 election seemed promising. However, many of those released have since fled the country out of fear, or were refused the right to practise as journalists. he private press is still badly crippled after Prime Minister Meles Zenawi’s government launched attacks over disputed election coverage, and harassment of journalists and self-censoring continue. Over 190 people died when the government brutally crushed post-election protests in 2005 after the opposition contested the declared victory of the ruling Ethiopian People’s Revolutionary Demo- Ethiopia’s Prime Minister Meles Zenawi speaks during an interview with Reuters inside his palace in Addis Ababa. Andrew Heavens / Reuters cratic Front (EPDRF) party, claiming rampant fraud and vote-rigging. Most opposition parties had chosen to boycott the elections, which observers from the European Union and elsewhere stated did not meet international standards for free and fair elections. 2007 World Press Freedom Review Eight editors and publishers of Amharic-language newspapers were freed on 9 April, after spending 17 months in prison on charges of “outrages against the constitution or constitutional order”, “impairment of the defensive powers of the state”, and “attempted genocide” following the May 2005 elections. he high court threw out the charges against the journalists, stating in relation to the genocide charges – which carried the possibility of the death penalty – that press coverage did not harm the Tigrayan ethnic group, the main base of President Meles Zenawi’s ruling EPDRF party, according to CPJ. It later sought to reinstate the charges. The national lags of many countries can be seen lying at the 8th African Union summit, Tuesday, 30 January, 2007, with the tin roofs of a slum in the background in Addis Ababa, Ethiopia. AP Photo/Karel Prinsloo) hose released included publisher Serkalem Fassil and columnist Eskinder Nega of Menilik, Asqual and Satanaw, publisher Sisay Agena of Ethiop and Abay, publisher Zekarias Tesfaye and deputy editor Dereje Habtewold of Netsanet, editor-in-chief of Satanaw Nardos Meaza, deputy editor of Hadar, Feleke Tibebu and publisher of Addis Zena, Fasil Yenealem. he eight were released from Kality prison outside of the capital, Addis Ababa. he publications never reopened after the crackdown. Fassil, who received a 2007 International Women’s Media Foundation Courage in Journalism award, gave birth while in prison. Her husband, Eskinder Nega, a columnist for the same papers Fassil published, was in prison at the same time and was also acquitted of charges in relation to political activism. heir release came on the heels of the acquittal of Kifle Mulat, exiled president of the Ethiopian Free Press Journalists Association on 5 April. Mulat had been charged with trying to “violently undermine the constitutional order in the country” when the organisation criticised the government crackdown. Four editors and three publishing houses were found guilty of links to the 2005 protests on 11 June. he four were sentenced by the Federal High Court on 16 July and later released on a conditional pardon, along with 34 opposition members, according to CPJ. Two of the editors, Andualem Ayle of Ethiop and Mesfin Tesfaye of Abay, charged with “outrage against the constitution”, had faced the death penalty. Ayle was handed a life sentence while Tesfaye’s sentence was unknown. Wenakseged Zeleke, editor of Asqual, who had faced up to 10 years imprisonment on the same charge, was later handed a sentence of three years in jail. Deputy editor Dawit Fassil of Satanaw, released on bail in April, was returned to jail facing a penalty of up to three years in prison, and was eventually sentenced to 18 months imprisonment. he 34 opposition members had been convicted on similar charges because they did not present evidence in their defence, nor did they recognise the court. A condition of the prisoners’ release was their signing of an apology to the Ethiopian people for “mistakes made in November 2005” 25 says RSF. Two other journalists handed a life sentence in absentia on the same day – editor-in-chief of Menilik Zelalem Guebre and editor-in-chief of Netsanet Abey Gizaw– were not included in the pardon. hree publishers were also convicted on the same day: Serkalem, owner of newspapers Menelik, Satajnaw and Asqual, Fasil, which published Addis Zena, and Sisay, publisher of Ethiop. he court hit the companies with heavy fines and ordered them disbanded, according to RSF. On 30 July, four more journalists pleaded guilty in anticipation of a pardon, and received sentences. hey had also worked for Amharic weeklies that no longer exist. Addis Zena editor Wosonseged Gebrekidan and Dawit Kebede, editor of Hadar, were sentenced to four years in prison on charges of “inciting and conspiring to commit outrages to the constitutional order,” their former lawyer told CPJ. A few days earlier, on 27 July, Lisane Hezeb editor Goshu Moges and freelance columnist Tadios Tantu were sentenced on similar charges. Moges was handed a sentence of 10 years, and Tantu 15 years. Kebede, Gebrekidan, Tantu and Moges were the last private press reporters to be released in connection with coverage of the 2005 election violence. he four received a conditional pardon on 18 August, along with 27 opposition activists, according to CPJ news reports. A few days later, Ethiopian spokesman Zemedkun Tekle told CPJ the journalists could once again work in their profession, but could not engage in “any subversive action against the Constitution.” He said they were free to criticise the government “as they were doing before.” he allegation that confessions were achieved under duress was “absolutely false and baseless.” Based on the actions of the Ethiopian government over the past five years, CPJ named it the world’s worst backslider on World Press Freedom Day, 3 May. A June CPJ report, called “Journalists in Exile”, states that at least 34 reporters have fled the country since 2001, second only to Zimbabwe worldwide. Dozens of Ethiopian journalists have been in and out of prison in the same period, and this time also saw the “wholesale dismantling of Ethiopia’s independent press (…),” according to CPJ. However, the release of opposition party members and journalists during 2007 brought the country up from the lowest rungs of RSF ratings to 150th posi- 26 tion. IPI reported in its 2006 World Press Freedom Review that the prosecution of journalists had “almost silenced independent journalism.” Press violations still weighing heavily on the country and its journalists include the situation of the independent press, harassment of the media, the persecution of journalists in ongoing cases, and the status of two Eritrean journalists caught in Somalia. he belief that “justice delayed is justice denied” is an adage that certainly applies to a number of cases recently brought up in the Ethiopian courts. Journalists wait years for hearings on trumped-up charges, and imprisoning journalists in old cases is a common practice in Ethiopia, according to RSF. he Ethiopian Supreme Court rejected an appeal by Abraham Reta of private weekly Addis Adamas on 26 January, and he was returned to prison to complete a one-year sentence handed down in 2006. he charges stemmed from the alleged libelling of three senior officials in a 2002 article in the now defunct weekly Ruh, of which Reta was editor at the time. In other examples of this practice, former editor of the now defunct weekly Dagim Womchif, Leykun Engeda, went to prison in December 2006 to serve a 15-month sentence on charges stemming from a 1999 article. Tesehalene Mengesha, former editor of private weekly Mabruk received an 18-month sentence in May 2006 for a seven-year-old libel case. Abraham Gebrekidan, editor of closed weekly Politika got a one-year sentence in March 2006 for a 2002 article in which he “published false news”. Finally, editor of private weekly Addis Zena and former editor of Ethiop, Wosonseged Gebrekidan got eight years in prison in December 2005 for alleged libel in a 2002 article that he did not write. he legal status, whereabouts and health of cameraman Tesfalidet Kidane Tesfazghi and producer Saleh Idris Gama of the Eritrean state broadcaster remains unknown. he two have apparently been held since late 2006. Kenyan authorities stopped them at that country’s border and held them three weeks before giving them to the Ethiopian-backed transitional Somalian government on 20 January. Ethiopian government statements made in April acknowledge that 41 detainees captured in Somalia, thought to include Tesfazghi and Gama, were brought over to Ethiopia on suspicion of “terrorism”, according to CPJ. World Press Freedom Review he two attempted to enter Somalia late in 2006. he appalling state of the private media is of great concern. he government banned eight local papers and forced another dozen to close following the 2005 election unrest, leaving very little independent press; over 20 independent newspapers existed before the crackdown, of which 15 remained closed. Reporters tell CPJ that those still operating work under strong self-censorship. Several members of the private media were harassed and intimidated in 2007. Private weekly Addis Fortune faced contempt-of-court charges filed by the government in January due to its coverage of the 12-year trial of Derg regime leaders and ousted dictator Mengistu Haile Mariam, states CPJ. he charge was dropped later on, but the paper was warned and forced to publish an apology. 17 journalists and staff from private English-Amharic weekly African Best Business Index were questioned at a police station for 11 hours in June about their personal backgrounds and the newspaper. At least seven of the 15 journalists released in relation to the 2005 crackdown fled Ethiopia after being watched and harassed by government security forces, says CPJ. Another three were refused publishing licenses to resume working, though they had followed all legal procedures required. Journalists Sisay Agena, Eskinder Nega and Serkalem Fassil applied for licenses to launch Habsheba and Lualawi newspapers in September, states CPJ, and were denied licences at the end of the year. “Despite public assurances in July that it would allow former prisoners to resume their work, the Ethiopian government instead is using bureaucratic tactics to deny independent journalism an outlet,” said CPJ Executive Director Joel Simon at the end of 2007. he U.S. Federal Communications Commission confirmed the jamming for the two weeks prior to 26 November of Oromo- and Amharic-language broadcasts by Deutsche Welle and Voice of America, although the information ministry denies the reports. Websites critical of the government became frequently inaccessible during 2007, including the popular Ethiopian Review, according to CPJ. Internet monitor OpenNet Initiative said Ethiopia prevents its populace from viewing independent Web sites and blogs, said CPJ. 2007 he foreign press corps, which usually enjoys fewer restrictions than local press, was still under pressure after authorities expelled veteran Associated Press (AP) reporter Anthony Mitchell from the country in January 2006, after Mitchell reported on fighting between police and demonstrators in Ethiopia’s capital. Accreditation remains difficult and restricted. CPJ reports that foreign correspondents were often forced to self-censor in 2007 due to scrutiny by officials on stories covering sensitive topics, including alleged human rights abuses, prosecution of opposition members and armed resistance in Ogaden. hree New York Times journalists were arrested and held by the military for five days in May in the eastern town of Degeh Bur because of reporting on the conflict in Ogaden, says CPJ, adding the journalists were questioned at gunpoint and threatened and had their equipment stolen. Reporter Vanessa Vick was kicked in the back. A few positive indicators turned up near the end of the year, including the launch in October of Sherger Radio, Ethiopia’s first private commercial radio station, and private weekly Addis Neger, which is the first private paper started since 2005, states CPJ. However, reporters Agena, Nega and Fassil question the successful application of the new paper, granted within one hour in October, when they were refused licences, and local journalists claim the two new independents are operating under intense self-censorship. he country’s press law states the ministry of information is to “facilitate conditions for the expansion of the country’s media both in variety and in numbers”, however CPJ states in reality, there are very few private media operating. Over the past few years, attempts to reform the press law have been criticised by press freedom organizations because they include provisions that would continue to hinder press freedom in Ethiopia. In 2006, Prime Minister Zenawi stated the country’s repressive press laws, which include stiff provisions allowing for imprisonment of journalists for their work, would be reformed with the help of international consultants. In May 2006, a report studying the media environments of countries such as the United Kingdom and the United States was handed to the Ethiopian parliament. Changes to media law were being drafted late in the year. 2007 World Press Freedom Review 27 Gabon Legislation passed in May 2007 restricted eligibility for broadcast licences, placing the regulating body under the control of the ministry of information and allowing the Ethiopian Broadcast Agency the right to issue decisions over licensing. Although the constitution guarantees freedom of the press, authorities often use the standing 1992 Press Law. It uses chapters on publication of false and offensive information, and incitement of ethnic hatred or libel to justify detainment and arrest of journalists. Due to illiteracy, poverty, and the rural nature of the country, radio is the medium of choice. he state still controls most of Ethiopia’s radio stations and sole national television network, according to the BBC. Some opposition groups send radio broadcasts to the country via hired shortwave radio transmitters overseas. Ethiopia remains one of the poorest countries in the world, with some regions prone to famine. Weak government policies have hindered development. No foreign banks are allowed, and it is still nearly impossible to get start-up loans for small and medium businesses. Youth unemployment is estimated to be up to 70 per cent and about two-thirds of the population are illiterate. Agriculture – affected by the whims of nature – accounts for up to 41 per cent of GDP and 80 per cent of both exports and the workforce. Coffee is the largest foreign-traded commodity, and Ethiopia was the original source of the coffee bean. he country also exports great quantities of maize and possibly has the largest livestock population on the continent. Border tensions remain between neighbouring Eritrea, after the country gained independence in 1993. A full-scale war over boundary demarcation took place in 1999, killing tens of thousands; a fragile truce is in place today. Despite the many challenges faced by the country and its press, there is hope that the clearing of cases around the 2005 elections, attempts to improve press legislation and the opening of new independent media outlets spells a better year for Ethiopia ● in 2008. T he stability afforded to Gabon through the longest-serving president in Africa does not mean that the country’s media is democratic and free. If anything, President Omar Bongo has been tightening his grip on the media through crackdowns by the public body of media regulation, the National Communications Council (CNC), which were on the rise in 2007. he attacks, which started in 2001, have left the financially vulnerable private press reeling, according to CPJ. Gabonese authorities have jailed journalists and banned several publications for criticizing the government or its president in 2007. here is one government daily newspaper and about a dozen private weeklies, many of which are under the control of opposition parties. he broadcast landscape is dominated by state-run television, though there are a few private broadcasters, and international media is widely accessible. Internet remains uncontrolled. President Bongo, who celebrated his 40th year in power in 2007, is seen as both the bringer of stability and the force holding average Gabonese in poverty. He rules virtually unopposed, though multi-party elections were introduced in 1991 after mass protests. Party patronage is normal, but nonetheless international observers French President Nicolas Sarkozy, left, speaks to reporters as British-born primate expert Jane Goodall, center, and President of Gabon Omar Bongo Ondimaba, right, look on after a visit to a rain forest 15 kms (9 miles) south of Libreville, Gabon, Friday July 27, 2007. AP Photo/Michel Euler he president of Gabon’s private press association stated that the CNC has routinely ignored its own regulations and procedures. President Bongo’s 2004 pledge to eliminate prison sentences for press offences was once again broken this year with the jailing of a journalist for a critical editorial. Special protection for public authorities remains on the books. Gabon’s main broadcast media are government controlled, and RSF notes that, “the powerful state press spend a lot of energy in discrediting not only opposition parties, but also the independent press.” saw his further re-election in 2005 as largely free and fair. Gabon is classified as one of the continent’s few middle-income countries, with one of Africa’s highest per capita average incomes due to its decades of oil exports. However, the money remains concentrated in the hands of the rich elite, including Bongo’s allies and family, while one-third of the population lives in poverty, according to the United Nations. General oppression and control by the government has had a negative effect on the media climate. he CNC’s first suspension came on 27 February, when a satirical 28 German Armed Forces, Bundeswehr paratroopers stand in line before they leave on an exercise in Libreville. POOL New / Reuters newspaper in the capital of Libreville was banned for three months after publishing a commentary critical of President Bongo. Private bi-monthly Edzombolo allegedly published, “defamatory and insulting news directed at prominent state personalities” according to local journalists, although the CNC did not identify the allegedly defamatory information. he ruling seems to be connected to a 9 February editorial with the headline “Omar does not control anything anymore,” says CPJ, alleging Bongo has lost touch with his people, becoming “stubborn and deaf (…) like a wicked dictator appointed by God.” he article also discussed the boycott by opposition parties of administrative parliamentary committee elections because of alleged procedural irregularities. Director of the paper, Jean de Dieu Ndoutoume, told CPJ he would challenge the ban because he was denied a hearing, which is required by law, and argued the suspensions exceed the CNC’s authority. he body also harassed Edzombolo in June 2006. In August, Nicaise Moulombi was questioned for over two hours regarding a report alleging fraud in a public construction project. he article alleged that a contractor had put up a wharf in Port-Gentil with re-used materials. Moulombi, member of Gabon’s Council of the Republic World Press Freedom Review and director of private monthly Croissance Saine Environment, was accosted by eight agents, who attempted to force him into a car. He resisted, but later went to their offices of his free will. He was released without being charged. Director of private newspaper L’Espoir, Guy-Christian Mavioga, spent more than one month in jail before being rushed to the emergency department of a hospital from Libreville’s central prison with respiratory problems and back pain, from which he began to suffer during his confinement. Mavioga was handed a onemonth jail term, five-month suspended prison sentence and a US$530 fine on 1 August because of an editorial critical of President Bongo and the general situation of the country. He was not able to appear in court because of his hospitalisation, brought on by the terrible detention conditions, according to the CPJ, and was watched by prison guards at Libreville’s main hospital. Mavioga had been jailed since 28 June after being arrested and his paper indefinitely suspended in connection to the editorial, called “he Last Days of Bongo”. Two more newspapers were suspended by the CNC on 8 October, La Nation and Le Gri-Gri International. he CNC said in a statement that the one-month suspension of privately owned bi-monthly La Nation, based in the country’s capital, took place as a result of a complaint brought forward by Gabonese Minister of Culture and the Arts Blandine Marundu ma Mihindou. An article was 2007 published in August issue 98 called, “Does Blandine Marundi deserve to be a minister?” in which the minister’s “resistance to change and lack of experience” were pointed out. In the same statement, Le Gri-Gri International, a satirical bi-monthly published in Paris but distributed in Gabon, was banned from publishing and distributing in Gabon until its status is “regularised”. The CNC stated the paper’s last issue was printed and distributed in Gabon, although the paper had never established itself as a Gabonese press outlet. Issue number 78 was censured on 25 September by VDP printers “because of its content”, thus stopping distribution of the issue in Gabon. he front-page story called the upcoming development of iron mines in Belinga, in the northeastern province of Ougooue-Ivindo, a “Gabonese deception”, and listed concerns over ecosystem destruction and pollution as a result of the ● development. 2007 World Press Freedom Review 29 Gambia Gambia’s President Yahya Jammeh, right, prays while administering his alleged herbal HIV cure to a patient, with Secretary of State for Health and Social Welfare, Dr. Tamsir Mbowe, left, rubbing an ointment on the patient, at the State House in Banjul, Gambia, Thursday, Feb. 15, 2007. AP/Photo Candace Feit D evelopments in the Gambia were marked by a noticeable deterioration of working conditions for journalists. In fact, the high number of incidents involving journalists being censored, jailed or simply attacked for their work by members of President Yahya Jammeh’s regime has recently earned the country several unflattering distinctions. On World Press Freedom Day, the Committee to Protect Journalists (CPJ) included the Gambia on its list of ten worst “backsliders” with respect to press freedom during the past five years. In October, a joint statement issued by members and partners of the International Freedom of Expression eXchange (IFEX), which expressed “extreme dismay” at press freedom violations continuing in many African countries, deemed the Gambia “one of Africa’s worst places to be a journalist” due to the continued brutal repression of the press. The litany of attacks on press freedom sparked a courageous campaign by the Media Foundation for West Africa (MFWA), a regional, Ghana-based non- profit organisation, and the Network of African Freedom of Expression Organisations (NAFEO). The organisations this year published a 63-page dossier of press freedom abuses since President Jammeh came to power in 1994, which include unlawful arrests, detentions, murder, and newspaper closures, forcing several journalists into exile and causing considerable self-censorship as a means of protection. In addition, MFWA has taken legal action against the Gambian government, and further lawsuits appear imminent, with Gambia Press Union (GPU) President Madi Cessay disclosing mid-year that the GPU intends to challenge all repressive media laws in the country’s courts. Accounts of individual cases of harassment were plentiful. On 28 March, Fatou Jaw Manneh, a U.S.-based Gambian journalist and outspoken critic of President Jammeh, was detained by security services in the capital city of Banjul. Manneh, who obtained political asylum in the U.S. in late 1994, shortly after Jammeh seized power in a coup, was returning to the Gambia in order to attend her father’s funeral. A political commentator with the U.S.-based opposition news Web site AllGambian.net, Manneh had in the past published various editorials highly critical of Jammeh’s government. She was arrested immediately on her arrival at the Banjul airport. Manneh was initially held at the offices of the notorious National Intelligence Agency (NIA). On April 4, a Banjul-based court charged Manneh with three counts of sedition under Gambia’s Criminal Code, each of which carries prison terms of two years, a fine, or both. Manneh was released on bail of about US$950, but was ordered to surrender her travel documents. he trial was scheduled for 11 April. he charges were based on a June 2004 interview with the now-defunct private bi-weekly publication he Independent, in which Manneh criticized Jammeh and his government, referring to the president as a “bundle of terror” (An earlier editorial by Manneh, published in September 2003, sparked the three-day detention without charge of he Independent’s then editor, Abdoulie Sey). In a letter to the president, the International Press Institute deemed the charges a violation of Article 19 of the United Nations Universal Declaration of Human Rights, and appealed for his involvement to ensure that the charges were dropped. On 18 May, Fabakarr Ceesay, a reporter with the pro-opposition bi-weekly Foroyaa Newspaper, attempted to cover a student demonstration protesting the arrest of several of their colleagues, but was arrested by an officer of the Police Intervention Unit (PIU), a paramilitary wing of the Gambia Police Force. he officer seized Ceesay’s press card, accused all journalists of being liars and unpatriotic, and warned him that he could be killed “and nothing will come out of it”. Ceesay was taken to PIU headquarters in Kanifing, a district in Gambia’s largest city, and detained for approximately 45 minutes before being released. he Independent and its former employees again made headlines in June, when Lamin Fatty was convicted of a criminal offense for an article previously published in the now-defunct publication. On June 5, the Kanfing District Magistrate Court fined Fatty US$1,850 after convicting him of publishing false information under Gambia’s criminal code (Proceedings against Fatty were initiated in June 2006 and repeatedly postponed throughout the year, with the court last announcing in November 2006 that the case would “start afresh”). Fatty, who had been unemployed for more than a year at the time of his conviction, was initially unable to pay the fine, and so was taken to Mile Two Central Prison in the outskirts of Banjul and detained for about three hours. He faced a year in prison in case of failure to pay, but was released after the GPU covered his fine. According to defense lawyer Lamin Camara, Fatty has filed an appeal. he charges against Fatty were based on a March 2006 story incorrectly identifying former Interior Minister Samba Bah as one of more than 20 people detained in the wake of a purported coup attempt. he Independent, known for its critical coverage of President Jammeh’s government, subsequently published Bah’s response and issued an apology, but the paper was shut down. he newspaper has been inoperational ever since. It was considered by many as the Gambia’s last newspaper that dared to criticise the regime, after another publication, he Point was silenced with the December 2004 murder of its editor, Deyda Hydara, who was shot in the head by unidentified gunmen. As of 2007, nobody has been charged in connection with that death. On 4 July, MFWA sources reported that calls from suspected NIA agents prompted 30 Modou Lamin Jaiteh, Banjul correspondent for the Senegal-based Pan African News Agency and former staff reporter of he Point newspaper, to go into hiding out of fear that his life was at risk. In late June, Jaiteh apparently received several disconcerting calls, including from Dr. Sajal Taal, a close confidant of President Jammeh and managing director of the Banjul-based, pro-government Daily Observer newspaper. Dr.Taal, who is suspected of having masterminded the arrests and dismissals of several journalists at his paper, reportedly asked Jaiteh about his relationship with the MFWA. he Media Foundation for West Africa (MFWA) has taken legal action against the Gambian government, and further lawsuits appear imminent, with Gambia Press Union (GPU) President Madi Cessay disclosing mid-year that the GPU intends to challenge all repressive media laws in the country’s courts Much of this year’s news involved the 9 September arrest of Mam Sait Ceesay, a former editor of the Daily Observer, and journalist Malick Jones, of the state-owned Gambia Radio and Television Services (GRTS). he two men were arrested and detained incommunicado by the Gambian Police Force at two different stations. While initially no official reasons were specified for the arrest and detention, three days later the two journalists were arraigned before the Banjul Magistrates’ Court and charged with “passing information to a foreign journalist, contrary to Section 4 of the Official Secret Act of the Laws of he Gambia.” he charges were based on a 7 September article in the Daily Observer, claiming that Ebrima J.T. Kujabi, President Jammeh’s press secretary, had been replaced. Ceesay and Jones were alleged to have passed on “false information” to Ousman Darboe of the Daily Observer for publication (he newspaper retracted the story and published an apology). On 12 September, the court, presided over by Magistrate B.Y. Camara, granted World Press Freedom Review them bail in the sum of about US$6,500. Unable to meet those conditions, they were re-arrested by Gambian police and detained at the MileTwo Central Prisons, on the outskirts of Banjul, later that same day. Ceesay was able to pay his bail within about a week, leading to his release on 18 September. Jones was finally able to execute his bail condition on 21 September, leading to his release on that day. On 26 September, the journalists appeared before the court to plead not guilty to charges of violating the Official Secret Act of the Laws of he Gambia. he proceedings against the two men were suspended that same day, after defence counsel Antouman Gaye argued that the case was filed without a fiat of the Attorney General as required by law; the prosecution requested permission to consult the Attorney General’s Chambers before responding, an application that was granted. No date has been fixed for the continuation of the hearings. One of this year’s most notorious cases involved the disappearance and suspected death of Chief Ebrima Manneh of the Daily Observer. According to several witnesses, Manneh was arrested by two plain-clothed officers of the NIA at the Daily Observer’s premises in July 2006. he arrest occurred one week after the July 2006 African Union Heads of State summit in Banjul, prior to which Manneh was suspected of having passed “damaging” information to a foreign journalist, who wrote a feature article on the African Union summit that was critical of the regime. By January 2007, reports indicated that the journalist was moved from NIA headquarters to various prisons and police stations, including the Mile Two Central Prison and stations in Kartong, Sibanor), Kuntaur and Fatoto. he government and police insisted all along that they were unaware of Manneh’s whereabouts. In February, in a reaction to the continuous demands for his release, the Gambia Police Force officially denied ever arresting him, and urged the general public to provide them with any “relevant” information about him. In June, MFWA filed a suit against the government of Gambia on behalf of Manneh in the Community Court of Justice of the Economic Community of West African States (ECOWAS) in Abuja, Nigeria, via the organisation’s Journalists’ Legal Defence Programme. he suit seeks a court order compelling the Gambian government to immediately release Chief Man- 2007 neh and compensate him adequately for his detention, based on the argument that his arrest was without warrant and his continued detention a violation of Articles 4, 5, 6 and 7 of the African Charter on Human and People’s Rights, which amongst others, guarantees the right to personal liberty. hough local and international pressure continued to mount on the government to free Chief Manneh, the Gambia’s government representative failed to make an appearance at the preliminary hearing scheduled at the ECOWAS Community Court on 16 July. About ten days later, in late July, Manneh was reportedly seen at the Royal Victoria Teaching Hospital (RVTH), the Gambia’s main hospital in Banjul, where he had been hospitalised for treatment of high blood pressure. According to MFWA sources, Manneh, who appeared frail, was accompanied by personnel of the PIU. He was subsequently transferred to a military clinic nearby. By late September, the International Federation of Journalists (IFJ) expressed its fear that Manneh may have been killed in a Gambian jail. An IFJ source reportedly informed the organisation that Manneh was at the Mile Two Central Prison after returning from the hospital, with officers warning him that Manneh “would not see the next day”. he source has not heard about Manneh since, and is convinced he has been murdered. In the meantime, the court fixed 26 September as the date for the new hearing. On 6 October, two Amnesty International researchers and a Gambian journalist were arrested and detained for three days before being released on bail, pending possible legal proceedings for alleged “spying”. Tania Bernath, a British-American national and Ameen Ayobele, of Nigeria, were arrested along with Yaya Dampha, a journalist on the opposition daily Foroyaa, after visiting an imprisoned opposition supporter. he three were taken to police headquarters in Banjul on 8 October, and Bernath and Avobele’s passports were confiscated. All three were released on bail later that day but ordered to report to the police the following day. According to their lawyer, Lamine Camara, the police indicated that they needed to further examine the case and consult the justice ministry about whether to initiate proceedings against them. 2007 World Press Freedom Review 31 Ghana While no proceedings were immediately initiated, Dampha was repeatedly harrassed during the several weeks following his release. On October 14, plain-clothes officers stormed his house outside of Banjul and questioned his wife about his whereabouts. hey soon reappeared several times searching for Dampha, who is believed to have gone into hiding to avoid further persecution. In the meantime, the MFWA’s ECOWAS lawsuit regarding Chief Manneh experienced several delays. In late November, judgment on the matter was adjourned, after a witness appeared before the court indicated that he witnessed the journalist’s arrest by two NIA officers. hat same month, MFWA filed another suit at ECOWAS against the Gambian government, this one over the illegal detention and torture of journalist Musa Saidykhan, former editor-in-chief of he Independent. He is one of numerous individuals who were allegedly illegally detained and tortured by President Jammeh’s security agents in the aftermath of an apparent coup attempt in March 2006. When he Independent ran a story on the attempted coup, its offices were raided and staff briefly detained. Saidykhan was singled out for further, brutal reprisals. In late March 2006, he was arrested by a group of soldiers and police officers, taken to NIA headquarters, and held incommunicado for 22 days. According to Saidykhan, throughout his detention, he was stripped naked and subjected to live electric shocks over all of his body, including his genitals, which the torturers told him were to render him impotent. he torture he was subjected to left him physically scarred and with his right hand broken in three places. hreats continued after his release, prompting Saidykhan to flee the country. On 17 December, a joint statement signed by 21 IFEX members’ organisations and the Network of African Freedom of Expression Organisations (NAFEO) noted that three years had passed since the murder of Deyda Hydara, and called on President Jammeh to set up an independent, international commission to investigate the crime. he petition also urged Jammeh to immediately and unconditionally release ● Chief Manneh. G hana, with “one of the most unfettered” media on the continent according to he Commonwealth Press Union, enjoyed press freedom improvements in 2007, including getting the police onside as protectors of freedom of speech rather than being one of its attackers. While not completely problem-free, the oppressive atmosphere in 2006 caused by attacks on behalf of local police and party supporters was to some degree alleviated. Ghana’s President John Kufuor arrives for the 8th African Union Summit of Heads of States. Antony Njuguna / Reuters On 17 February, Ghana’s Inspector General of Police, Patrick Kwarteng Acheampong, promised journalists that police would provide the necessary protection for them to fulfil their duty of demanding accountability from public office holders, according to he Media Foundation for West Africa (MFWA). Acheampong told journalists to be fearless in pursuing their mandate at a press briefing in Kumasi, second-largest city in the country. Journalists in the country had faced severe and increasing attacks throughout 2006 from several actors, exacerbated by the government’s refusal to properly deal with such actions, and bring those responsible to justice. MFWA had reported that Ghana had the fourth most assaults in the area through 2006, with at least 17, and that numbers were rising. he situation had deteriorated so gravely that in late September 2006 the Ghana Journalists’ Association (GJA) announced it would take legal action against groups or people who attacked members of the media. Meanwhile, the country rises above African counterparts in its support of the press as the only African country surveyed by Article 19 which has no criminal defa- mation legislation, after it repealed its criminal defamation provisions in 2001. hose suspected of defamation are often charged with related or overblown charges like “crimes against the state” or “destabilizing the army.” Ghana is one of a small group of countries worldwide that has eliminated criminal defamation laws and removed the penalty of imprisonment for defamation. In 1992, the GJA launched a campaign to repeal criminal libel and sedition laws, and it gathered momentum through the 2000 election due to pressure by the GJA and the media. he opposition party at the time, the NPP, promised to abolish the laws. Shortly after winning, NPP leader President Kufuor signed the amendment bill into law on 17 August 2001. Ghana was also part of an important international development in the past year; a landmark ruling by the Inter-American Court of Human Rights in the Claude Reyes v. Chile case which declared freedom 32 of information (FOI) to be a fundamental human right. Draft legislation for FOI is being pushed by coalitions in Ghana, as well as Kenya, Tanzania and Sierra Leone. IFJ states passage of such laws would allow journalists access to information held by government authorities and officials which could be used to support better housing, health, education and development budgets, and improve citizens’ participation in government. Press freedom took a hit in the form physical violence against Henry Addo on 17 January in Accra. Addo, an investigative journalist for independent station Metropolitan Television, was violently attacked by a vigilante group of “land guards” in Chorkor, an Accra suburb. Despite the generally positive climate, one of the first major attacks of the year was deadly. News editor Samuel Enin, from local Kumasi radio station Ash FM, was shot and killed by two unknown attackers on 9 February. Enin was also chairman of the GJA for the Ashanti Region. Two other people were injured in the shooting, Kojo Fosu, a radio station driver, and another person only identified as Kofi. he assailants stole two cellular phones belonging to the victims. he GJA has offered a reward of about US$1,100 for anyone helping to locate or identify the killers. Police are investigating the shooting. On the same day, the courts proved they could punish journalists despite the country’s advanced media legislation. An Accra High Court ordered Militant Publications, which publishes the Insight, and its acting editor Peter Kojo Apisawu pay a fine of about US$ 13,000 for defaming Hackman Owusu-Agyemang, the country’s minister for water resources, works and housing. Justice Yaw Appau also ordered about US$ 10,870 be paid to the minister and about US$ 2,200 to the court for costs incurred. he judge also banned the paper from publishing libellous material about Owusu-Agyemang, and ordered the Insight to publish two retractions on the way the defamatory story was displayed. Charges were brought against the paper by the minister three years earlier in relation to an article published in the 6-7 October 2004 edition claiming the (then) minister of interior had threatened auto company PHC Motors, stating it would not receive future contracts because the firm would not sign a shady contract. he minister claimed the newspaper printed World Press Freedom Review false information in an effort to bring his character into question. Although the paper argued the article constituted “fair comment” because the plaintiff did not stick to established procurement processes, it could not produce any witnesses and the court stated the plaintiff never entered into a dubious contract. Egbert Faibille, managing editor of the Ghanaian Observer, a tri-weekly private newspaper based in Accra, received frequent death threats. Faibille reported the threats to security authorities, including 12 February messages to his mobile phone, one threatening his life and that of journalist Kweku Baako, editor of the privately owned Crusading Guide. he Crusading Guide published the message, which read, “You think your madness will work. You and Kweku Baako and all of you that are against Ewes will die one by one,” in the 13-19 February edition. he largest opposition party, the National Democratic Congress (NDC), is strongly supported by the Ewe people, who live in the Volta Region. Faibille believes the threats are linked to a story about an Ewe Member of Parliament from the region, who was jailed for financial wrongdoing in the previous administration. Irate Ashantigold Sporting Club soccer fans became violent and attacked journalists on 28 February after losing a game to the Accra-based team Hearts of Oak. he club is in Obuasi, a mining town in Ghana’s Ashanti Region. he fans attacked bi-weekly Hearts News journalist Buertey Shadai, who was hit with stones causing deep wounds on his forehead and swelling of his head. His camera was also smashed and seized by fans. An MFWA correspondent stated Shadai was ordered by fans to give up his camera because of “nasty incidents” he had photographed. Correspondent Delali Atiase from JOY FM radio, an Accra-based independent station, was also hurt by stones thrown at his head. Other journalists were afraid and disguised themselves after their colleagues were attacked, according to MFWA. Soldiers finally returned order. On 26 April, two journalists were slapped and insulted by Raymond Gbegoah, coordinating director of Akuapem South District Assembly in the eastern region of Ghana. Reporter Kojo Hayford and cameraman Lord Asante Fordjour of independent Accra station TV3 were chased out of Gbegoah’s office after the assault. 2007 The MFWA reported Hayford and Fordjour wanted to interview Gbegoah about a heap of garbage at an Nsawam market. Gbegoah was angered by the two filming the refuse and accused the journalists of negative motives, adding he believed the two wanted to discredit and ridicule his administration. Following the incident, Gbegoah had a team remove the waste. he President’s guards violated press freedom on 28 April when they prevented journalists from covering President John Agyekum Kufuor’s visit to the country’s Northern Region capital, Tamale, where he was responding to a flood which had destroyed properties in the city. he intimidation and harassment started around 6 p.m. in the Tamale Airport presidential lounge, where journalists were waiting to cover the president’s arrival, according to Edmond Gyebi, journalist for Accra-based independent daily the Chronicle. Gyebi reported to MFWA that Regional Minister Mustapha Ali Idris had invited about 19 journalists to the lounge. Once at the minister’s residence, they were once again barred from covering the meeting. According to Gyebi, the guards ignored calls by the police to stop their actions and continued heckling the reporters until the regional minister intervened. Journalist Mahama Shaibu from Accrabased JOY FM claims he was strongly shoved by one of the security men the next day while reporting live from the hall where the president was addressing the people. Reported assaults continued on 31 July, when journalist Ken Yankah, a photographer for pro-government paper Daily Guide was forced to delete images of NDC functionary Sherry Ayittey, taken as she was leaving a courtroom at Accra High Court. he Striking Force Unit of the Ghana Police Service prevented further assaults, by three men accompanying Ayittey. Ayitty faces charges of causing financial loss to the state along with five others, including former first lady Nana Konadu AgyemanRawlings. Yankah told MFWA that the men demanded his camera be taken to remove the images. When he refused, they took the dry cells from his camera battery and an attachment flash, at which point he complied. The Ghana Education Service (GES) became the next attacker on press freedom on 18 September, when it gagged and pun- 2007 World Press Freedom Review 33 Guinea-Bissau ished teachers who provided information about their work and schools to the media and the public. Helen Abrokwa, former head teacher of Padmore Street Primary School in Tema was demoted and transferred following a GES letter signed by the Tema Municipal Director of Education over interviews in which she spoke about low pupil enrolment at her school. Abrokwa was forced to leave her administrative position and return to the classroom. his came on the heels of an earlier threat by the GES against Greater Accra Regional Director of Education James Okaija Dinsey for media contact. Neither teacher was in breach of a GES disciplinary code. MFWA appealed to the Minister of Education to condemn the GES for its actions, which it claims are meant to intimidate teachers and deprive them of their professional duty to tell the truth, and which also jeopardize the right of the public to receive such information. In a very positive turn, Abrokwa was returned to her post as head teacher after concerned Ghanaians called for the GES to reverse its decision and following a 15 November call for an indefinite strike by her colleagues, who took to the street in support of her. he GES says it decided to reinstate Abrokwa after a Committee of Inquiry report set up to examine the mat● ter. A lthough the tiny state of GuineaBissau had been moving forward in terms of media freedom over the years, a UN report alleging government involvement in an oppressive drug scene has led to several violations of media freedom, threats to journalists as well as a return to self-censorship. he 28 September report, issued by the UN Secretary-General, states “drug trafficking threatens to subvert the nascent democratisation process of Guinea-Bissau, entrench organised crime and undermine respect for the rule of law.” It specifically implicated the country’s armed forces, and particularly the Marine Unit, as major collaborators in the drug trade. It claims the country is a key post for cocaine moving from Latin America to Europe, adding that drug dealers are using the government’s minimal surveillance, instability and the general poverty to help them further their trade. It claims many soldiers receive money from traffickers in return for protection. he army was outraged by the report, and started a crackdown on journalists they believed to be involved with distributing “damaging” information, according to Media Foundation for West Africa. A RSF report on a fact-finding visit to the country, released on 12 November, claimed journalists in Guinea-Bissau live under permanent threat from Columbian drug traffickers and local civil and military accomplices. Attempts to report on the situation have lead to threats against journalists, with two fleeing the country. “Despite the threat it poses to GuineaBissau, there is a national taboo about openly discussing the cocaine trade, and the press is ill equipped to meet this challenge,” says RSF. “Destitute and fearful, the local news media shed no more than a feeble light on this embryonic narcostate.” In a country which once appeared to be a model for African development, and which has since become one of the world’s poorest countries heavily reliant on foreign aid, local private and even state media were already struggling with chronic under funding. he media in Guinea-Bissau had been taking steps towards becoming more independent over the past years, including the opening of private radio stations. International pressure has sped up the development of a free media, though real growth is still held back by lack of funds and an unstable power supply. President Joao Bernardo Vieira was elected in the country’s first democratic government elections in 2005. He had originally seized power in 1980 and was overthrown in 1999, which led the country into civil war. Although Vieira has led the country to a multi-party system and a market economy, he is also accused of corruption, autocracy, and crony capitalism. he overthrow of previous leader Kumba Yala in 2003 lifted restrictions in a media environment that had been growing increasingly repressive. he UN report pointed out numerous complaints against the government, including intimidation of journalists and human rights workers involved in investigations into the country’s drug trafficking problem. Specific examples of possible government participation in trafficking are included in the report. An anonymous international official said in the report that senior government officials and army military leaders are competing for the right to provide security to drug traffickers, and that the drug trade is causing rising tensions in the country. A clear split is taking place between the head of the armed forces and the head of the navy, according to UNODC regional representative Antonio Mazzitelli. He claims it is possible one side may be trying to stop the traffickers, but it is unclear. He added new Justice Minister Carmelita Pires is taking strong action against the drug trade, including launching an emergency plan to fight the trafficking, but since beginning she has also been the victim of numerous death threats and is not properly protected. Four journalists went into hiding on 26 July fearing arrest by the country’s military in relation to drug reporting following release of the UN report. Radio France International (RFI) and Agence FrancePresse (AFP) correspondent Allen Yéro Embalo, Reuters and BBC French service correspondent Albert Dabo and journalists Fernando Jorge Perreira and Eva Maria Auzenda Biague all hid out, fearing detainment and torture in military camps. Dabo, who also worked for local private radio station Bombolom FM, fled the country after an army radio announcement called him a wanted man. he army also asked Dabo to publicly denounce reports he had made for the BBC. Dabo had been receiving verbal telephone threats since 34 World Press Freedom Review 2007 Kenya June due to his coverage of the drug situation in the country. Dabo was also harassed by the court system between 3 July and 14 August, during which he was called into court three times following a complaint lodged against him by chief of the national navy, Jose Américo Bubo Na Tchuto. Tchuto says Dabo falsely attributed to him the charge that soldiers are involved in drug trafficking in an interview for British television ITN News, during which Dabo worked as interpreter for Tchuto, who claims he did not make such allegations. Following the complaint, on 29 August, Dabo was charged with violating state secrets, libel, libellous denunciation, colluding with foreign journalists and abusing press freedom. Emballo also fled the country after his home was broken into on 24 June and he received threats two days later. His equipment, including laptop, camera, mobile phones, tapes, memory sticks and money, were all taken. Two days later he was called by phone and told, “pay attention, next time it’s your head that we will slice,” said IFJ. he assaults occurred after he returned from an assignment to the archipelago of Bijagos, where he had been investigating the claim that airplanes were dropping packages of drugs and had been interviewing local people over the allegation. Perreira and Biague went into hiding in July after being ordered by police to report to the closest police station to speak to authorities in relation to their reports. Other threats to media freedom throughout the year include the threatened closure on 17 April of independent station Radio Bombolom in the capital of Bissau by Barnabé Gomes, a presidential press officer. Gomes claimed the station broadcast a programme that would worsen the political situation of Guinea-Bissau. After unsuccessfully trying to halt the broadcast, Gomes threatened to shut the outlet down. It was not the first such threat faced by Radio Bombolom; supporters of President Joao Bernardo Vieira overtook the station on 15 November 2006 and forced a journalist to disclose sources of information. Members of a special unit of the Guinea Bissau Police, the “Ninjas,” prevented reporter Helmazin Cunha from taking photos of an 8 June police operation. he journalist, working for pro-government paper Nô Pintcha seized Cunha’s camera and ordered him to apologise for not first getting permission to take the photos of the operation, meant to clear hawkers from the streets. His camera was later returned. On 6 July, the government was ordered by the court to pay compensation in the order of US$188,000 to the journalist victims of a December 2005 road accident. he state had been sued by the Union of Journalists and Technicians of Social Communication after an accident during a trip organised by two state institutions during the celebration of World AIDS day killed two journalists and injured 11 other journalists and media workers. he incident occurred in the area of Gabu, 200 km from the capital city. Guinea-Bissau is one of the African countries in which “there have been credible reports of serious violations of journalists’ rights” according to the new Federation of African Journalists, launched on 14 November. he federation came into being after two years of regional conferences and calls by the IFJ for more unity and solidar● ity for Africa. T he very favourable progression for Kenya in 2007 regarding media legislation was somewhat overshadowed by election violence which led the government to impose a media blackout at year’s end. Press freedom groups around the world welcomed President Mwai Kibaki’s refusal to sign a media bill into law that would have compelled journalists to reveal their sources. A consensus had been achieved in the drafting of the Media Bill 2007, but parliamentarian Karue Muriuki added the controversial amendment just before the 2 August approval date for the bill. Kibaki, who was re-elected for his second term at the end of December in elections criticised as “rigged” and which were followed by widespread violence, said he refused to sign the bill because the late amendment posed an “obstacle to press freedom” and “undermines the (country’s) democratic strides.” he bill would have allowed courts and police to force journalists to reveal their sources or unnamed individuals in stories leading to legal cases. “By refusing to give his assent to this law, President Kibaki has shown a real desire to defend the press freedom that has been achieved in Kenya,” said RSF. “he confidentiality of sources is an essential principle. he law must now be revised and liberalised, and we hope the result will be more in line with international standards.” A week before the president’s announcement, over 300 journalists took to the streets of Kenya’s capital, Nairobi, wearing black gags over their mouths to protest the proposed law, according to CPJ. Several radio stations took part in the protests by refraining from running their usual morning news broadcasts. Earlier negotiations between the government and journalists had led to the removal of other oppressive proposals like the licensing of journalists. he bill would have created the Media Council of Kenya, a self-regulatory press council, the chair of which would have been appointed by the information ministry. his move was protested by press freedom watchdogs, who claim that self-regulating mechanisms have to be at arm’s length from government to be credible. It would have established a complaints committee with the power to remove a journalist from a registration list and deny accreditation. A second media bill was also refused and sent back to the table for redrafting 2007 World Press Freedom Review A journalist with his mouth taped walks during a silent protest in Nairobi Radu Sigheti / Reuters shortly after the Kenya Media Bill. he Kenya Communication Bill would have restricted media ownership and granted the government wide-ranging powers of search and seizure without judicial or parliamentary approval in the case of possible threats to national security, said CPJ. hough efforts have been successful to quash legislation that would have proven detrimental to press freedom, the task still remains to amend archaic criminal laws on defamation. In 2005, the government declared a moratorium on incarceration for defamation. Despite this, a journalist was handed a jail sentence for one year in March for being unable to pay libel damages of US$7,700 ordered by the court. Editor of tabloid weekly the Independent, Mburu Muchoki, was convicted of libelling justice and constitutional affairs minister Martha Karua in a 2004 story headlined “Karua’s father in abortion scandal.” Tensions between private media and the government showed up again in 2007, though not as aggressively as in 2006, when government anti-terrorist forces raided the Standard Group. On 26 March of that year, KTN’s headquarters and the Standard’s presses were invaded by police carrying assault rifles. he police attacked guards at KTN and damaged equipment, forcing the station to suspend broadcasting. hey also seized and burned several copies of that day’s issue. In 2007, problems began on 7 January when presidential bodyguards roughed 35 A journalist holds banner during a silent protest in Nairobi Radu Sigheti / Reuters up private daily the Nation photographer Chris Ojow when he tried to take pictures of the president during a church service. Ojow prepared to photograph President Kibaki as he knelt for communion, and a bodyguard grabbed him, attempted to take his camera, and took him out the church’s side door where he was roughed up. he government advised public sector groups not to advertise in the Standard Group media, owners of the Standard daily newspaper and Kenya Television Network (KTN) in a public services ministry email circulated at the beginning of April 2007. he groups were instructed instead to send ads and revenues to media outlets supportive of government policy, according to both local and foreign media in Kenya. here had been tension between President Kibaki’s government and the Standard Group for over a year. he paper had earlier published a story suggesting that a government minister had had discussions with Armenian organised crime organisations about having former President Daniel Arap Moi’s son murdered. Managing director Chaacha Mwita, deputy chairman Paul Melly and editorial director Kwendo Opanga were taken for questioning on 17 April for 17 hours after the article ran, said RSF, adding, “A state advertising boycott is not just a low blow, it is also unacceptable inasmuch as public funds should not be used for political or personal advantage.” Kenya is one of Africa’s most politically stable countries, having introduced multi- party politics in the early 1990s. President Kibaki was elected president in a landslide victory in 2002 after nearly 40 years of rule by the Kanu party. Kibaki claimed victory again in controversial December 2007 elections. he economy had seen a recovery under the president, although poverty and high unemployment still plague average Kenyans. Conversely, however, Kibaki’s party has faced a major corruption scandal. His swearing-in caused a wave of unrest across the country. he government’s good intentions regarding the media soured with the closure of all outlets in the face of post-election violence on 30 December. he live broadcast blackout announcement came from internal security minister John Michuki shortly after President Kibaki was proclaimed winner of presidential elections. Michuki said the “suspension of live broadcasts” was ordered “in the interest of public safety and tranquillity”, according to RSF. A government press release said: “In the prevailing environment, some people are using the media to call for violence and to incite members of the public to engage in violence.” he ban was denounced by international media observers, who claimed that it could cause the streets to be “ruled by rumour and disinformation,” said RSF. he same day the announcement was made, two journalists from private K24 were attacked by protestors while covering demonstrations. Most media outlets suspended broadcast of news programmes stating they were afraid of being raided by police if they continued. Private station Kiss FM continued to broadcast a phone-in World Press Freedom Review 36 2007 Lesotho programme. Head of the Media Council Wachira Waruru called the ban “draconian” and said that it threatened press freedom. News was primarily passed around through SMS messages. Kiss FM asked people not to cite the station as a source of their reports to avoid closure of the station. Kisumu station Radio Lake Victoria, which openly supported opposition candidate Raila Odinga, was forced off the air due to “sabotage,” said deputy station manager Seth Oloo. Kenya’s broad middle class provides substantial advertising revenue, thus allowing for a more diverse media landscape than in many African countries. Kenya traditionally has a fairly independent press, according to the BBC, although during the reign of both Presidents Kenyatta and Moi newspapers often practised selfcensorship. Publishing houses the Nation and Standard dominate the print media and have substantial broadcast operations. Average Kenyans get their news from radio and television, though the private radio and television networks have only recently expanded outside Nairobi. International stations, such as BBC World Service, the Voice of America and Radio France Internationale, are all available. Whether media freedoms will continue have the support of a government that is sometimes genial and sometimes brutal remains to be seen in 2008, when the country picks itself up from election chaos. A lthough the media can practice quite openly in Lesotho, the private media still faces harassment and threats in this tiny country surrounded by South Africa. he government operates a range of media, and commercial radio stations began to emerge with the dawn of multiparty democracy in 1993, and were further encouraged through reforms in 1998. In addition, South African radio and television stations can be received in Lesotho. he high costs of printing make radio the most significant form of mass communication, and state-run Radio Lesotho is the only national station. The private press carries opposition views, but journalists and particular media are the regular targets of defamation lawsuits, perhaps the reason press freedom organisation RSF reported a downward trend in the overall media situation for 2007. Article 19 claims that in relation to defamation, “high financial fines are awarded in courts and large sums are also awarded in private settlements.” Although the 1993 constitution entrenched media rights including freedom of expression, opinion and access to information, as well as the right to publish freely, broadcast and disseminate information without hindrance, the government’s attitude is still generally out of tune with internationally accepted democratic principles. AIDS has taken its toll on this povertystricken country – it has one of the highest HIV rates in the world, with about 30 per cent of the population HIV positive. he disease has caused a sharp drop in life expectancy; from 48 for men and 46 for women in 2001 to an estimated average of 37. he death of farmers through AIDS has affected food output, and left many children orphaned. Prime Minister Bethuel Mosisili was re-elected in February 2007 in what appeared to be fair elections, and has encouraged the population to take part in free HIV testing and to use programmes offering anti-retroviral medication. One of the country’s best-known journalists, habo hakalekoala of outspoken private radio station Harvest FM, based in Maseru, was once again harassed and Lesotho men draped in blankets, line up as the polls open in the village of Machache, 25 miles east of the Capital Maseru Saturday, Feb. 17, 2007. AP Photo/Jerome Delay threatened in 2007 by both anonymous callers and the courts. he Media Institute on South Africa (MISA) confirmed on 13 February that hakalekoala, who is also a correspondent for the South African Broadcasting Corporation, the BBC and MISA’s regional chairperson, was subjected to anonymous threatening calls in November 2006 in relation to his reports on the defection of Communications Minister Tom habane from the ruling Lesotho Congress for De mocracy (LCD) to the All Basotho Convention which was launched under habane on 9 October 2006. habane convinced 17 former lawmakers from the ruling LCD to join the new party, with 2007 World Press Freedom Review 37 Liberia more expected to follow, making it the third largest in Parliament. hakalekoala stated that on 10 February some people banged on his door at about 1 am local time, and called for him to open the door. When he did, his harassers gave him the gift of a tombstone, which they claimed would “minimise the cost of his funeral” because he would die before the 17 February elections, said MISA. he attackers told hakalekoala that “his days are numbered” and that his family would soon mourn his passing. He had received several threatening calls in the lead-up to the election. People line up as the polls open in the village of Likalaneng, 50 miles east of the capital Maseru, Lesotho, Saturday, Feb. 17, 2007. AP Photo/Jerome Delay hakalekoala’s problems did not stop after the election. He found himself in jail in June, charged with high treason, after reading a letter on the air on 22 June urging police to arrest Prime Minister Mosisili and members of his cabinet for corruption. he charge carried a possible death penalty, but was downgraded to a charge of “failing to report subversive activity,” which carries a prison sentence of up to 20 years and fine of up to US$14,000. hakalekoala claimed the letter was written by members of the Lesotho national army, but refused to reveal his sources. He was arrested by Lesotho mounted police officers shortly after completing his morning “Rise and Shine” broadcast on Harvest FM. Once in jail, hakalokoala started a hunger strike to encourage the government to either speed up his trial or release him, because he feared for his life in jail. He was released after three days. “he government of Lesotho has never been happy with the idea of privately owned media that are not under its control,” said RSF. “his case shows that it has not understood that it is absurd to arrest a journalist on such extravagant charges and just leads to polarisation.” Harvest FM has often been accused of being a mouthpiece for the main opposition party, and the station’s editor and main presenter, Reverend Adam Lekhoaba, was deported to South Africa following February’s general elections. he grounds were that he had no work permit and that he attempted to “incite revolt” and “disturb the peace.” He had been summoned by police to produce certified travelling documents. Police said his citizenship was in question and thus his right to practice journalism freely in the country. hakalekoala, Lekhoaba and two other journalists, Molika and Malehloka Lalitapole of People’s Choice FM radio are accused of promoting negative perceptions about government members, and all have received anonymous threatening phone calls. hey are also being criticized for running a campaign to cause confusion in the country and within the ruling LCD. On 24 June, Kabelo Masoabi, a Public Eye reporter, was verbally assaulted at a LCD rally in Makhaleng, Ha Ramabanta, in Maseru district. Mothetjoa Metsing, minister of communications, apparently intervened when the LCD youth leadership called Masoabi aside and told him to leave because of his biased reporting. He was also accused of damaging the LCD’s image. he survival of private weekly Public Eye has been called into question after the government ordered all state agencies to cease advertising with the paper at the beginning of June 2007. Since that time, no advertising requests have come from the concerned agencies and editor Bethuel hai, who started the paper in 1997, was forced to tell his employees he must suspend payment of all salaries until further notice. He estimated the paper would fold within six months if the situation did not change, since 85 per cent of the paper’s revenues come from advertising. he highly respected paper is the most widely read independent newspapers and one of ● the few in Lesotho. I n late 2006, the Centre for Media Studies and Peace Building (CEMESP) launched a six-week training course on the fundamentals of journalism for a group of local journalists, as part of an effort to help rebuild democracy in the nation. Sadly, subsequent events underscored the necessity of such programs in a country clearly still recovering from a brutal civil war. Incidents of harassment, whether verbal, physical or imposed through judicial channels, were plentiful throughout 2007. In January, this pattern earned Libera third place on a list compiled by the Media Foundation for West Africa (MFWA), identifying countries with the highest number of press freedom rights abuses in West Africa. While MFWA noted that the high number of violations mostly involved acts by “errant security personnel,” a look at the year’s events reveals that Liberia’s journalists faced hostility from a variety of sources. Incidents of harassment, whether verbal, physical or imposed through judicial channels, were plentiful throughout 2007 In late January, a group of lawmakers threatened to bar Star Radio and Radio Veritas, two independent FM stations, and Truth FM, a pro-government radio station, from covering their sessions, after these reported on the parliamentarians’ refusal to meet in a certain location, recommended by the President, during legislative house renovations. he refusal, which allegedly violated Article 40 of the Liberian Constitution mandating both houses of the Liberian legislature to “meet in the same city,” prompted several media outlets to refer to the lawmakers as ‘renegades’. he lawmakers also accused the journalists of working for speaker Edwin Snowe, and warned that they planned to take “serious actions” against media figures if they did not stop producing what they labelled as propaganda. he lawmakers’ threats included filing a motion to “begin barring reporters who were insulting them,” and announcing the intention to file a complaint with the Press Union of Liberia (PUL), the country’s association of journalists. In February, the network’s director general, Charles Snetter Junior, suspended 38 reporter Othello Guzean of the government-controlled radio network, Liberia Broadcasting System (LBS) indefinitely, for allegedly violating the editorial policy of the station. Guzean claimed that he was suspended for airing an interview of homas Fallah, an opposition parliamentarian from the Congress for Democratic Change party, in which the politician accused President Ellen Johnson Sirleaf of manipulating some members of the House of Representatives to remove Edwin Snowe as Speaker of the National Legislature of Liberia. According to Guzean, Snetter deemed the airing of such an interview as unacceptable and also found insulting Fallah’s reference to President Sirleaf as ‘Madam Sirleaf ’ during the interview. Guzean called on the PUL and other media rights organizations to ensure that the LBS management payed his salary and otherwise respected Liberia’s labour laws. Much of the country’s news involved the aftermath of a decision by the Independent, in late February, to twice publish explicit photographs of Presidential Affairs Minister Willis Knuckles engaging in sexual acts with two women. he minister resigned, but the private newspaper faced serious consequences. After the initial publication of the photographs, the Criminal Investigation Division (CID) of the Liberian Police declared the newspaper’s editor, Sam Dean, wanted for publishing pornographic materials. Steven Zargo, the Commissioner of CID, indicated that the publication violated Section 18.1 of the Penal Code of Liberia, which prohibits the dissemination of obscene materials without minimizing the risk of exposure to children under sixteen. he Independent republished the photograph following the minister’s resignation, and, on February 27, the police closed the publication’s offices for two days. he government subsequently revoked its license for one year, a decision the newspaper appealed with the Supreme Court. In the meantime, Sam Dean received death threats, and went into hiding. In a statement on 9 March, Dean catalogued threats, harassment and intimidation directed at him and his staff members by state security agents, and on 15 March, the editor asked a MFWA correspondent for assistance to leave the country to escape these threats. he PUL, which itself suspended the Independent for three months for violating the Union’s code of ethics and conduct for World Press Freedom Review publishing the photos, expressed concern that the government was looking to “exact revenge through mob justice against the paper.” In late March, the Supreme Court ordered both parties to the case to return to status quo ante, which the Independent’s attorney, Attorney Cephus, praised as a victory. He further announced that the paper would appear on newsstands on 29 March 2007. However, the government initially maintained the ban by instructing printing houses not to print it. Labelling as ‘misinterpretation’ reports that the ban on the paper had been lifted, the government insisted that no changes would be implemented until a Supreme Court hearing on the matter. A joint statement issued by 25 IFEX members and partners expressed “extreme dismay” at grave press freedom and freedom of expression violations occurring in many African countries. Not surprisingly, the statement specifically mentioned conditions in Liberia, noting that 33 attacks on journalists had occurred under the current presidency On 30 May, Information Minister Dr. Laurence Bropleh announced that the ban was lifted. Bropleh insisted that the earlier revocation of the newspaper’s permit had fallen within the Ministry of Information’s statutory mandate to serve as regulator and enforcement body of the government on matters affecting communication in the nation. Attorney Cephas described the government’s decision to lift the ban on the newspaper as a sham, stating that the Independent wanted justice, and not a pardon. He deemed the ‘pardon’ ironic, given that the government was the defendant in the case, and added that the paper wanted the Supreme Court to issue a decision in the matter. In the meantime, representative Dusty Wolokollie responded to a story in the biweekly Liberian Express, threatening legal action for libel and warning the newspaper’s management that he would be seek- 2007 ing US$20,000 in damages. he offending article linked Wolokollie to an alleged London meeting for an oil deal with a UKbased mineral company. Wolokollie specifically stated that he would not request a retraction, and that he also did not intend to first file a complaint with the PUL. Instead, he explained, he would “teach the Liberian media a lesson.” On 2 May, in observance of Press Freedom Day, the CEMESP called upon the government to make more efforts to ensure that journalists can perform their jobs without a constant risk of harassment. CEMESP noted that, in the past year alone, more than 20 attacks on the press occurred, including an increasing number of lawsuit threats by public officials, censorship and suspensions at the state-owned Liberia Broadcasting System, direct physical assaults, cases of illegal detention and harassment, threats of exclusion from public functions, death threats from anonymous sources, and the closure of the Independent. CEMESP noted that a diverse group perpetrated the attacks, including government functionaries, ruling party fanatics, opposition politicians, security personnel, as well as sports personalities and student protesters. he organisation challenged the government to stand up for its avowed belief in freedom of expression by taking action against offending officials, as well as by way of legal reform, particularly by passing a freedom of information act and transforming the Liberia Broadcasting System into a public service broadcaster. On 19 June, several journalists were attacked by members of the national police and the United Nations Mission in Liberia (UNMIL) during a student demonstration. he journalists included Evans Ballah of Public Agenda and Daylue Goah, of the privately owned daily New Democrat, who was seriously injured. he student demonstration, criticizing conditions on the University of Liberia campus, degenerated into rioting near the presidential palace, prompting a forceful response by the security forces. Goah and Ballah were attacked by members of a joint Liberian National Police and UNMIL unit, who tore up their ID cards and forced them to delete their digital photos. Goah was beaten with batons and rifle butts by a member of the President’s security force as well as by a Nigerian peacekeeper. He managed to escape and sought protection from another soldier, but was 2007 World Press Freedom Review instead beaten by two soldiers until he lost consciousness. He was taken to a hospital by civilians, where he remains in a serious condition and unable to talk. According to Liberian press reports, both the police and UNMIL abused several other journalists during the incident. Two incidents involving Julu Johnson, a Monrovia-based sports editor for the independent News, illustrated that journalists in Liberia continue to work under the threat of violence from a wide variety of perpetrators. On 9 April, the Liberian Football Association (LFA) suspended its assistant secretary, Napoleon Japloe, for one month for assaulting Johnson. On 31 March, Japloe slapped and pushed the editor to the ground at the headquarters of the Young Men’s Christian Association, apparently furious at Johnson for writing negative stories about him. Numennie Williams, an official of the Sports Writers Association of Liberia (SWAL), witnessed the attack and later condemned it, saying he would ensure the matter was properly investigated and followed up on. In June, Johnson, who is also the Secretary General of SWAL, was again attacked, this time by the head coach of Liberia’s National Football team, Frank Jericho Nagbe. Johnson drew Nagbe’s ire with an article stating that the football coach was earning a salary of US$650 per month. he coach, accompanied by his aide, stormed Johnson’s residence and assaulted him, insisting that his salary was a private matter. Nagbe left only when neighbours intervened, but threatened to “unleash his boys” on Johnson in the future. One day earlier, Johnson was threatened with legal action from the administrative manager of Liberia’s National Football team, Benedict Wreh, in connection with publishing his monthly salary. In August, the clash between certain radio hosts and the House of Representatives in Monrovia again erupted, with the lawmakers threatening to summon Ambrose Nmah, presenter of the Truth FM Breakfast Show, before the House for ‘preaching hate messages’. heir outrage was sparked by a 14 August broadcast, during which Nmah claimed that a local nursing school, run by the Phebe Hospital in Central Liberia, was about to close because members of parliament had reduced the hospital’s budget. he lawmakers challenged the claim as un true and the commentary as inciteful, explaining that the budget reduction was necessary to ensure funding for rural medical facilities. he representatives also referred to another provocative talk show host, T-Max Jlateh of (50-50) on SKY FM 107, as “mocking” them. he House has not taken any decision on either case. Relations with the police also remained rocky. On 31 August, officers from the Liberia National Police and the Drug Enforcement authority physically attacked and arrested journalist J. Rufus Paul of the Daily Observer newspaper when he tried to cover an early-morning police drug raid. When Paul arrived at the scene and was asked about his camera by one of the officers, he identified himself as a reporter looking to cover the operation. He was immediately arrested and handcuffed, his identity card and camera were seized, and he was placed among those arrested in connection with the drug raid, and taken to police headquarters. Paul, who was told that he needed permission from police headquarters before covering an operation, sustained minor injuries. When taken before the Deputy Police Commissioner for Crime Services, the commissioner apologised for his officers’ conduct, but also warned him that: “as a journalist he has to be prepared to face police brutality.” he Liberia National Police has promised to investigate the matter. In September, a criminal court in Monrovia held three local journalists for contempt of court after they published reports indicating that former Liberian Transitional Government chairman Gyude Bryant’s corruption case record had disappeared from the court’s file. he judge in charge of the proceedings, J. Boima Kontoe, stated that the publications caused “embarrassment” to the court, and gave the newspapers 72-hours to retract the reports, or pay a fine of US$100 each. At the 28 September court hearing for one of the journalists, Precious Seboe of the News, her defence attorney pleaded for clemency, arguing that it would send the signal that journalists are being placed behind bars for reporting on the activities of the court. In yet another physical altercation, on 21 September, the President’s bodyguards brutalised journalists both local and international, including Jonathan Paylelay of the BBC, Dosso Zoom of Radio France International, and Alphonso Towah of Reuters, who had gathered at the airport in anticipation of the arrival of Sierra Leonean President Ernest Koroma. he jour- 39 Liberian President Ellen Johnson Sirleaf, left, smiles as she welcomes German Chancellor Angela Merkel on arrival at the airport outside Monrovia, Liberia Sunday, Oct. 7, 2007. AP Photo/Pewee Flomoku nalists were first denied entry to the VIP terminal where Presidents Koroma and Ellen Johnson Sirleaf later signed a joint communiqué for a non-aggression treaty between their two nations; they were then were held by their clothes, beaten and excluded from the interview area for what the presidential guards deemed ‘bridge of protocol.’ he harassment prompted Presidential Press Secretary Cyrus Badio to apologize to the journalists. Nonetheless, by October, the continuing conflict between President JohnsonSirleaf and the country’s press culminated in a drastic measure by the government. At a press conference on 1 October, Cyrus Badio announced that only a selected group of photojournalists and reporters would in the future be permitted to photograph and cover information from the presidency. he aftermath of President Koroma’s visit also included a particularly disturbing incident involving on-air statements by a media figure stating that Jonathan Paylelay, who was violently assaulted while covering the visit, would have been responsible for his own death if he had been killed. On 12 October, a group of journalists issued a statement calling on the PUL to investigate the comments purpotedly made by Ambrose Nmah, the general manager of Renaissance Communication Incorporated, a pro-government media group that owns several radio and television stations. he journalists -Star radio editor-in-chief Geevon Smith, the News’ editor Sheriff World Press Freedom Review 40 2007 Mali Adams, the Parrot’s managing editor Robert Kpadeh, the Independent’s managing editor Sam Dean, Plain Truth’s publisher Seranous Cephus and former PUL Secretary General Alphonsus- were promptly sued for libel by Nmah on 17 October. Nmah sought US$10,000 in damages, prompting press freedom organisations to call for the PUL to instead mediate the disagreement. hat same month, a joint statement issued by 25 IFEX members and partners after the 13th General Meeting of IFEX in Montevideo, Uruguay, expressed “extreme dismay” at grave press freedom and freedom of expression violations occurring in many African countries. Not surprisingly, the statement specifically mentioned conditions in Liberia, noting that 33 attacks on journalists had occurred under the current presidency, and urging the Liberian government to investigate these incidents and to prosecute their perpetrators. Unfortunately, the year ended with news of additional incidents of harrassment. On 13 December, the Ministry of Justice, closed down Stone FM, a Harbelbased community radio station, for two days, accusing it of broadcasting ‘hit messages’ against the government and authorities of the Firestone Rubber Plantation in the wake of a strike by the latter’s employees. Police officers, some armed, stormed the station, ordered its staff to leave, and sealed off its premises. he spokesman for Firestone’s employees was said to have used the station to encourage employees not to appear for work pending the strike, but Stone FM’s manager denied such activity. he government ultimately reopened the radio station on 15 December. Finally, on 19 December, Jerome Toe of the Liberia Journal, Helroz Zorleh of Public Agenda and Emmanuel Mensah of the National Chronicle were arrested, roughed up and detained by the police for photographing the removal of two decomposed human bodies from a Monravia police cell. heir camera was also confiscated. he police claimed that the photographers were guilty of ‘violating a crime scene’ by taking photographs of the bodies after several officers ordered them to stop. Several press freedom organizations appeared at police headquarters to push discussion of the matter, and the journalists were finally released, with a police spokesperson indicating that an investigation would be con● ducted. E ver since the despotic regime of Mossa Traoré was overthrown in 1991, Mali has often been hailed for its progress, with its media environment considered one of the more progressive in Africa. However, this year’s elections –the presidential election on April 29, and parliamentary elections in July– tested that reputation. While President Amadou Toumani Touré was ultimately able to secure a second term in office, several incidents throughout the year appeared to signal a lessened tolerance for criticism before and during election periods. Alaburu Maiga, right, tries to use the camera on his cell phone with the help of an unidentiied boy in the village of Gono, Mali Friday, Oct. 19, 2007. AP Photo/Heidi Vogt In March, Radio Jamakan, a private Markala-based station, received an eviction notice, apparently as punishment for critical reporting on the government just one month before presidential elections were to take place. he notice, which informed the station that it was to vacate the premises by 31 March, was believed to have been triggered by broadcasts, in early March, of a conference of the Front for Democracy and the Republic (FDR), the president’s main challenger in the upcoming elections. he Office du Niger (ON), a governmental agency responsible for managing irrigation projects, which is located in the same governmental premises as the station, denied the link, indicating that a large-scale irrigation project was expected to lead to the ‘eventual’ eviction of all tenants of the building complex. However, he was unable to confirm that anyone else had as of yet been ordered to leave. Radio Jamakan is no stranger to interference for its coverage, with ON rescinding an electricitly supply agreement in 2006 after the station aired a similar conference. Somewhat surprisingly, much of the year’s news involved the aftermath of a high shool essay assignment. In early June, Seydina Oumar Diarra, an editor for InfoMatin, a private daily newspaper, published an interview with Bassirou Kassim Minta, a 10th grade teacher, and his students, to whom the teacher had assigned an essay about a fictional sex scandal involving a president and his mistress. Reactions to the article were swift. On 14 June, Diarra was questioned about the article for several hours, then charged with ‘offending a head of state’, and moved to the capital’s central prison. His arrest marked the first time a journalist was imprisoned in Mali since 2003. he teacher was also jailed, and faced the same charge, which carries a prison term of up to one year and a fine of up to US$1,200. Several newspapers, including Info-Matin itself, reprinted the article in protest of the action. In response, on 20 June, editor Sambi Touré as well as the editors of three other publications were also arrested and jailed. Touré and the other editors – Ibrahima Fall of Le Républicain, Alexis Kalambry of Les Echos and Haméye Cissé of Le Scorpion – were all charged with ‘com- 2007 World Press Freedom Review 41 Mauritania plicity in an insult against the president’. he state’s aggressive pursual of the matter prompted a journalist protest in front of the Justice Minister’s offices. Ibrahim Famakan Coulibaly, president of both the Malian Journalists’ Association and the West African Journalists’ Association, was beaten by security forces during the incident. Security officers also attempted to dissolve the protest by firing tear gas at the approximately 200 journalists participating in the event. On 26 June, the arrested journalists and teacher were tried in Bamako’s criminal court. Diarra was sentenced to 13 days in prison, which he had already served in pretrial detention. Minta was sentenced to two months in prison and fined US$205, and was also banned from teaching. he editors all received suspended sentences, Touré for eight months and the others for three. M auritania this year held its first presidential election since the August 2005 coup that ousted President Maaouiya Taya. he results on 11 March were so close that a second round was required, carried out on 25 March and bringing Sidi Ould Cheikh Abdallahi to power. News relating to media coverage of these events was largely positive, with a European Union supported Reporters Without Borders monitoring group reporting that the public media was covering them fairly. In the meantime, however, a few incidents indicated that plenty of progress remains hamed Mahmoud Ould Moghdad while he was covering the Zeidane’s visit to the Health Ministry. Moghdad briefly left and then returned to a press conference held in connection with the visit, prompting Zeidane’s head bodyguard to stop him and demand his identification. When Moghdad presented his press card, the bodyguard ordered the others to beat him. Moghdad later tried to file a complaint regarding the matter, but the state prosecutor refused to follow it up. In the meantime, an inquiry into the incident, led by state inspectorgeneral Ould Horma, concluded that While President Amadou Toumani Touré was ultimately able to secure a second term in office, several incidents throughout the year appeared to signal a lessened tolerance for criticism before and during election periods In a separate incident, in late July, disagreements over a station’s electoral coverage prompted a local politician to assault Adama Coulibaly, a presenter at Radio Kafo-Kan, a community station in Bougouni. Coulibaly and the politician, parliamentelect Mamadou Sinayoko, had clashed before about the reporter’s coverage of preliminary results in Mali’s parliamentary elections. Based on early exit polls, Coulibaly described Sinayoko as trailing behind other candidates, but later indicated that he was in fact leading. Sinayoko was provisionally elected with about 52 per cent of the votes. On 23 June, he angrily confronted the journalist and kicked him in the ribs. Coulibaly pressed assault and battery charges in response to the incident a few days later, and his station pressed both assault and trespassing charges against the politician. In the meantime, Sinayoko claimed he acted in self-defence, and sued the reporter for ‘outrages and broadcast● ings false news’. A Mauritanian woman stands in a voting line in Nouakchott, Mauritania, Sunday, March 11, 2007. AP Photo/Schalk van Zuydam to be made in the country, both in terms of media professionalism and respect for press freedom. In late April, Mohammed Ould Saleck, chairman of the board of a credit union for fishermen, physically threatened a journalist for refusing to divulge his source for a story accusing Saleck of corruption. Isselmou Ould Mustapha, managing editor of Tahalil Hebdo, an independent weekly, had reported that Saleck failed to follow proper procedures when obtaining a particular loan from the Mauritanian Central Bank, but refused to identify the source of that information when confronted by Saleck. In August, Prime Minister Zein Ould Zeidane’s bodyguards assaulted employee of state-owned Radio Mauritanie Mo- Moghdad was partially to blame. However, the bodyguards were ultimately sentenced to thirty days in prison. hat same month, First Lady Khattou bint al-Boukhary sued Sidi Mohamed Ould Ebbe, editor-in-chief of private daily El Bedil Athalith, for libel. Ebbe’s newspaper had earlier published stories claiming that the President’s wife used her position to secure funding for her charities, prompting her to file a complaint. Ebbe, who was questioned by a state prosecutor in connection with the complaint, was scheduled to appear in criminal court on 22 August, and faced the possibility of both a fine and imprisonment pursuant to the country’s press law. he First Lady was associated with another run-in with the press that occurred late in August, when Elvaka Ould Cheibany, correspondent for the private daily Nouakchott Info, was beaten by two members of her entourage. Cheibany, who was World Press Freedom Review 42 2007 Namibia inside a car rental agency, was approached by Mohamed Mahmoud Ould Kebady and Noman Ould Noman, asked to step outside and then assaulted. he men gave no explanation for the attack, but the journalist suggested an earlier article about Khattou bint al-Boukhary’s rocky relationship with the press might have triggered it. Another ugly incident involved the conviction of an editor for ‘false accusation’, a criminal offence. Mohamed Ould Bouamatou, the CEO of a bank, filed a complaint against al-Aqsa, a private paper, after it published an article and photo accusing Mauritanian presidential candidate Sidi Ould Cheikh Abdallahi walks before casting his ballot in Nouakchott, Mauritania, Sunday, March 11, 2007. AP Photo/Schalk van Zuydam him of being involved in international drug trafficking. Reports suggested that the article might have been ordered and paid for by a clan rival seeking to discredit Bouamatou. On 7 November, a court sentenced Abdel Fattah Ould Abeidna, the paper’s managing editor, to one-year imprisonment, and fined him approximately US$ 250, and ordered him to pay about US$ 1.4 million for damages. he editor ● intended to appeal. N amibia enjoys a climate of open and free reporting, an exception on a continent where the words of journalists are often stifled or meet with harsh penalties. he government generally respects press freedom, and RSF states there is “no major obstacle to the circulation of news.” Although the country only achieved independence from South Africa in 1990 after a 25-year war, it displays all the signs of a healthy and growing democracy, including enshrinement of free speech and a free press in the constitution. Broadcasters and private press express critical views of the government and give a voice to the opposition. Since independence, the country has seen a dramatic growth in radio stations, with licences being granted to both commercial and community stations. Several private radio stations exist, and BBC World, CNN and many South African and international television channels are accessible via satellite and cable. Radio France Internationale is available on FM in the capital. News, political discussions and phonein programmes are conducted mostly within the domain of the national broadcaster Namibian Broadcasting Corporation (NBC), which attempts to reach all the country’s citizens through nine national radio services broadcast in various Namibian languages. Although there are occasional clashes between the government and the NBC, the media environment is generally nurturing, and both journalists and citizens are quick to protect their right to free speech and free media whenever a violation takes place. MISA-Namibia stated in its State of the Media report, launched on World Press Freedom Day, 3 May, that although Namibia was once seen as a pacesetter of media freedom, it is more and more seen to be lagging behind in crucial areas. In particular, it remains directly accountable to the Information and Broadcasting Ministry. Article 19 commented on a Communications Bill on the table before the Namibian government, which intends to Members of the local Chinese population await the arrival of Chinese president Hu Jintao in Windhoek, Namibia, Monday, Feb. 5, 2007. AP Photo/Wiebke Schmidt erect a single, independent regulator for telecommunications, post and broadcasting. he group stated that the regulatory authority would not be independent as envisaged in the current draft because it would be required to follow ministerial orders and because the Minister of Information and Broadcasting would appoint the Authority’s members. Article 19 stated the proposed bill also fails to efficiently promote pluralism or recognise community broadcasting as an important third category of broadcasting. Other concerns included no limitation for the cost of licensing fees and the ability of the Authority to issue entry warrants without judicial authorisation. 2007 World Press Freedom Review Main issues faced by the country today are not different from those affecting neighbouring lands, and include poverty and a high AIDS rate, reaching 25 per cent of the population. A high incidence of malaria exacerbates the AIDS problem, and the country is headed for difficulties dealing with the economic and medical impacts of the worsening situation. President Hifikepunye Pohamba of the Swapo party – who won a landslide victory in what were declared relatively fair and free elections in November 2004 – has made the fight against AIDS a national priority. Namibians protest in the capital, Windhoek, Wednesday, Feb 28, 2007 against a three-day state visit by Zimbabwean President Robert Mugabe. AP Photo/Wiebke Schmidt He is also focusing on land reform, especially the expropriation of white-owned farms, which began in 2005. he country’s economy focuses largely on mining and manufacturing, and Namibia is quite well known for the production of uranium and gem-quality diamonds. About half the population depends on subsistence agriculture for its livelihood, but the majority of Namibians live in poverty because of large-scale unemployment, reaching 30-40 per cent. he Namibian chapter of MISA reported a few press violations in 2007, including attacks on the media by some members of parliament on 21 February in the capital city of Windhoek during the first ses- sion of parliament. Members of the ruling Swapo party accused the opposition and independent media of being “disrespectful” towards some Swapo leaders. Both Deputy Health Minister Petrina Haingura and former President Sam Nujoma have been victimised by hostile media, according to Haingura, which she describes as “unhealthy and unpatriotic.” Lands Minister Jerry Ekandjo expressed similar sentiments about negative articles on the “Founding Father of the nation” which appeared in the local Windhoek Observer. MISA-Namibia and citizens ex- pressed concern by the intolerance shown by some MPs towards the media. Employees of the NBC held a peaceful demonstration on 13 April to express their dissatisfaction over working conditions and salaries. he union complained salaries have not been adjusted for nearly three years, though costs have risen significantly in the same time. The Shop Stewards Council stated large numbers of employees are leaving the corporation due to difficult working conditions, including filling in for those who have resigned or had their contracts terminated without extra pay. MISA-Namibia pointed out the important link between good working conditions and living standards to media freedom. Editor of the Namibian newspaper, Gwen Lister, and the Free Press of Namibia, which owns the paper were told on 25 April to pay about US$1 million to the Palazzolo family or face five defamation suits. he plaintiffs, four members of the alleged mafia Palazzolo family, claim they 43 were defamed by reports published by the Namibian, especially a 23 March story entitled “Mafia linked to Namibian gems” as well as articles in the free weekly newspaper Informanté. MISA-Namibia expressed strong opposition to an announcement reported on 30 April in the New Era newspaper by the minister for information and broadcasting that top management at NBC had decided to change the format of call-in programmes. Ten months earlier the NBC director had announced on-air shortly after his appointment that phone-in callers and listeners should “act responsibly.” Minister Netumbo Nandi Ndaitwah claimed the decision by NBC management is meant to curb abuse by callers, but MISA-Namibia claims call-in programmes have enormous value because they allow ordinary people to raise issues that may otherwise never be heard, adding democratic societies do not inhibit critical debate. NBC radio presenter Tebs Xulu created a public outcry on 27 November when he stated that callers to popular live call-in show “he Chat Show” should not discuss issues concerning either the ruling Swapo party, or the newly launched Rally for Democracy and Progress (RDP). Xulu had originally said the restriction would apply for the week, but later stated it was his personal decision to ask for the restriction and that it should only apply for one day. he reason, he claimed, was to “encourage Namibians to talk about other developmental issues and limit the focus of discussion on politics (…)” Xulu overstepped his boundaries with the statement, according to MISA-Namibia National Director Matthew Haikali, adding the open line exists so people can express their opinions freely. The next day, NBC acting director general Umbi Karuaihe-Upi issued a public apology about the incident, adding those involved would be reprimanded under the broadcaster’s disciplinary rules and regulations. MISA-Namibia and Namibia’s National Society for Human Rights (NSHR) applauded the swift and appropriate response ● taken by the broadcaster. World Press Freedom Review 44 2007 Niger A lthough Niger had made great leaps in terms of media freedom in 1990 when the first private newspaper started, the media landscape has become increasingly oppressive in recent years, with problems peaking this year due to the uprising of the nomadic Tuareg population. he government has become extremely sensitive this year, due to the reigniting of the Tuareg rebellion in northern Niger, after a pause of nearly a decade. he government banned any media reporting on the uprising or interviews with the rebels, although journalist Moussa Kaka managed to report on the subject, and paid dearly for the privilege, being detained, threatened, charged and harassed in relation to his stories on the uprising. Any other journalists or media outlets that have dared to access the rebels or report on the situation in the north have faced similar dire attacks, including closure of outlets and expulsion and arrests of journalists. Over the past years, the government has clamped down ever harder on dissenting media voices, most especially using the courts as a weapon. Journalists face resistance by government officials in the exercise of their profession. he situation is worsened by “a legal and institutional framework that is not only restrictive, but abusive,” according to an Article 19 report on the media situation in Niger. In its report, Article 19 claims that press freedom has seen a continual backslide over the past eight years under incumbent President Mamadou Tandja. Tandja was elected in 1999 after voters overwhelmingly approved a new constitution, one cornerstone of which was presidential and multi-party elections. He was re-elected in 2004 for a second and final term. “We are deeply concerned by the deterioration of freedom of expression in Niger. The tactics of intimidation and harassment against journalists conflicting with international law and the Niger Constitution should not be tolerated under a democratically elected government,” states Dr. Agnès Callamard, executive director of Article 19. Recommendations to the government made in the report include protection of journalists allowing them to perform their duties unhindered, decriminalisation of defamation and other forms of libel, improvements in working conditions for media, and an independent judiciary and press regulatory authority. he organisa- tion also provides the necessary steps to achieve these improvements. President Tandja promised to decriminalise press offences by March 2007, but so far nothing has been done, according to RSF. Today Niger has many independent media outlets, including over 40 newspapers (some strongly partisan), though only about 10 publish regularly, 17 radio stations and two television channels. here are also about 100 community radio stations with a signal to operate in the remote regions of Niger. he opening of the press in 1990, when Ibrahim Cheick Diop started weekly paper Haské, created media diversity and supported freedom of speech. Low literacy rates make radio the most important source of information, and most broadcasting in the country is still government controlled. Radio France Internationale has FM relays in the capital city, Niamey, as well as in Maradi and Zinder provinces. BBC world is also accessible in the capital and in Zinder. here is one government-run daily newspaper. “he existence of an independent press (…) played a fundamental role in the defence of human rights and fundamental liberties of the individual in Niger,” says Amnesty International. Regular citizens have a difficult life; the country is often crippled by drought and sometimes there is not enough food for the population. It is rated by the UN as one of the world’s least-developed nations, with one of the lowest literacy rates in the world, and widespread disease. he country also fights with issues surrounding slavery, which was only banned in 2003, though anti-slavery groups state thousands of people are still forced into this system. he Tuaregs became unsettled again after the Niger Movement for Justice (MNJ) – an armed movement operating in the uranium-rich north since the beginning of February 2007– complained that the 1995 peace deal that put an end to fighting last time had not been fully implemented and that the region is still marginalised. he government refuses to acknowledge the rebellion, and calls MNJ’s leaders “bandits” or “assailants who want to ‘seize Niger’s interests’,” according to RSF. MNJ leader Agaly Alambo told Agence FrancePresse that he is “definitely not” seeking independence. He states the Tuareg’s only condition for reclaiming peace is a greater recognition of Tuareg rights, most especially through greater integration into army and paramilitary units and the mining sector. Attacks against media due to the uprising have been many, including suspensions of Radio France Internationale (RFI) and newspaper Aïr Info, a ban on live debates, and arrests of leading journalists. he situation has gotten so bad that RSF started a petition to President Mamadou Tandja, which will remain open until journalist Moussa Kaka is freed. Bi-weekly, private Aïr Info, the sole newspaper in the central town of Agadez, 740km northeast of the capital, was suspended for three months on 29 June by the media regulatory body Conseil Supérieur de la Communication (CSC) for covering rebel activities. he paper’s annual subsidy of US$3,000 –provided by the government under Niger’s media law– was also suspended. he CSC accused the paper of printing articles “undermining the morale of troops” director Ibrahim Manzo Diallo told CPJ. Aïr Info had written articles critical of government security forces following two rebel raids in the Agadez area in June. he paper had received prior warning by the CSC on 3 May when it was told not to “praise the armed rebellion.” Diallo relaunched the newspaper on 9 July under the new name Info Aïr, which led to questioning at a police station on 12 July about registration documents and his reason for launching the paper. Diallo claimed the aim of the new paper was to “provide reliable information” about the situation in the north of Niger. he authorities had declared a three-month state of alert around Agadez in August, which included a prohibition on journalists entering the area and which gave extended powers to military in the region. On 2 July, weeklies L’Evénement, Libération, Le Démocrate and Opinion were also warned, and accused of printing pictures of MNJ fighters and producing “real propaganda on behalf of people who have taken up arms against their compatriots,” says the Media Foundation for West Africa (MFWA). Journalist Moussa Kaka, manager of private Radio Saraouniya, received death threats from the Chief of Defence Staff of Niger’s Armed Forces (FAN) General Moumouni Boureima on 14 July. Kaka, who is also a correspondent for RFI and RSF, was at a France National Day reception at the French Ambassador’s residence greeting 2007 World Press Freedom Review dignitaries when he was threatened. Boureima was shaking Kaka’s hand when he angrily stated, “You, one of these days, I will kill you.” Kaka was the only journalist in Niger granted permission to access rebel-controlled areas, and Boureima was not happy with the journalist’s RFI reports. Kaka has been threatened by Boureima in the past, following coverage of an alleged coup d’état, when Kaka and managing editor of weekly Le Républicain Mamane Abou were denounced on public television, being called stateless persons and said to be working for the opposition. A few days later, on 19 July, RFI received a one-month ban on retransmission throughout the country by the CSC, which accused RFI of covering fighting in an “unbalanced and biased” way, and of broadcasting “mendacious reports hiding the reality” of what was taking place there. Just a few days earlier on 11 July, authorities had banned Gislaine Dupont, a visiting RSI reporter, from visiting the north. Libyan President Colonel Mouammar Qadhafi has filed a lawsuit against three independent newspapers in July claiming his honour could be undermined by information published in L’Evènement, le Canard Dèchaînè and L’Action. Qadhafi claims articles accusing him of financially and logistically supporting the MNJ constitute the publication of “false information” and are thus defamatory. he editors of the papers could face prison sentences of up to three years if found guilty, plus be hit with damages ranging from about US$20 to US$2,000. he writ by Qadhafi lawyer asks each paper be fined about US$200,000. he CSC further suppressed information when it issued a ban on live debates involving the Tuareg rebellion on 30 August, following the broadcast of a live panel a few days earlier, aired on private Radio Saraounya FM, based in Niamey. he debate included critical commentary of the government’s handling of the situation. Criticism of a government decree on a radio panel for the same station led to the detention of opposition leader Issoufou Bachar. CSC president Daouda Diallo told CPJ that the ruling was not an attempt to control content, but was “technical” in response to a “controversial national issue,” adding that broadcasters could still air opinions and debates as long as they are not live. “We are concerned that this ban on live broadcasts is just the thin edge of the wedge for censorship of coverage of the conflict in northern Niger,” said CPJ executive director Joel Simon. Leading journalist Moussa Kaka was again in hot water when he was arrested on 20 September and charged on 26 September with “complicity in a conspiracy against state authority” and “connivance.” Kaka was held in Niamey prison, without being informed why, before being read the charge by state prosecutor Adama Harouna on 26 September. If found guilty, Kaka could face life in prison. he charge was brought because of Kaka’s regular contact with the MNJ Tuareg rebels, and especially with Tuareg leader Agali Alambo. he evidence was largely based on tapped telephone conversations. “he details of the case against him are inconsistent and in some cases mendacious, while overall, what he is alleged to have done are normal activities for a brave and rigorous journalist (...)” states RSF. Later in the year, on 16 November, a magistrate refused to accept Kaka’s taped conversations with rebels as evidence, stating they were not obtained legally. Despite the ruling, Kaka remains in jail. Aïr Info managing editor Ibrahim Manzo Diallo also faced arrest and interrogation for the second time in 2007 on 9 October as he was preparing to board a plane for France. Manzo Diallo was seized in the departure area at Niamey airport and taken to Judicial Police headquarters. He is accused of being “the correspondent for Radio France Internationale in Agadez.” His paper on the same day published a list of 20 people detained on suspicion of links to the Tuareg rebels. Diallo was held several weeks without charge, although under the law he can only be detained for 48 hours, which can be renewed once. RSF said, “he intolerance of the government has reached a critical state with this irrational arrest. Not only is it not a crime to be the correspondent for RFI, but on top of this Ibrahim Manzo Diallo does not work for that radio station.” After the arrests of Kaka and Manzo Diallo, hundreds of journalists joined a march through Niamey’s streets in protest of the crackdown on media coverage of the northern rebellion. he 400 marchers headed to the Place de la Concertation in front of Niger’s National Assembly chanting “Free Moussa Kaka and Ibrahima Manzo!” It was the most significant march 45 since media liberalisation took place in 1990. he CSC further abused its powers on 17 October when it threatened to close and charge any radio or television station whose journalists criticise the body. CSC president relayed the threat during a meeting with private radio and television station owners, adding the CSC can withdraw station licences, stated MFWA. During the meeting, Diallo said private media are providing a platform for some journalists to “insult” CSC members. Another journalist with Aïr Info was arrested and detained on 25 October. Daouda Yacouba was arrested at his home in Ingall, a town in the north, taken to Agadez and questioned about his articles and links with Tuareg rebels. He was later put in a cell with the paper’s editor, Ibrahim Manzo Diallo. Yacouba was the paper’s Ingall correspondent and helped Diallo run Aïr Info, publishing the newspaper’s 24 October issue. International journalists were not exempt from attacks over coverage of the Tuareg rebellion. Charges of “undermining state security” were laid on 21 December against journalist homas Dandois and cameraman Pierre Creisson, who were in Niger with the Franco-German channel Arte. he maximum penalty for the offence is death. he two were arrested on 17 December after being accused of violating the terms of their accreditation agreement and kept at Kollo Penal camp, 20 kilometres from the capital, said RSF. hey had obtained visas and authorisation to film a report on avian flu, but allegedly broke orders by travelling to the north and reporting on the Tuareg rebel group. he two had apparently been under surveillance since their arrival in the country. here were also violations unrelated to the Tuareg uprising. A death threat was reported against the editor-in-chief of Niamey bi-monthly newspaper Alternative on 26 October. Hamadou Boulama was threatened in an anonymous phone call through his secretary stating: “I have read what he wrote about me. Tell him that I do not go to court to settle my problems with journalists. I am going to strike at him.” Although Boulama did not know for certain what was behind the call, it could be linked to stories in the 24 October edition, one with the headline “2009 presidential election: Issoufou, Tandja’s heir World Press Freedom Review 46 2007 Nigeria apparent?” and another entitled: “Ibro Ayouba – Republic of Niger affair: David triumphs over Goliath,” discussing the posting of customs colonel Ibro Ayouba. L’enquêteur editor Ibrahim Souley was jailed on 4 December and owner Soumana Maïga were arrested on 5 December on charges of libel. Minister of Economy and Finance Ali Mahamane Lamine Zène claims he was defamed in three articles published on 19 November stating he had “illegally” granted state projects and encouraged “mismanagement” of public finances. Both are being held in Niamey. “he press freedom violations in Niger are catastrophic,” states IFJ Africa director Gabriel Baglo. “Four of our colleagues have been arrested on charges stemming from their work. Journalists can be brought to trial but there is no need to jail them or keep them in police custody like they are criminals. his is a clear move by the government to intimidate them and the rest of ● the journalism community.” E lections in 2007 marred by violence and irregularities were also a challenge for media in Nigeria, which were raided and harassed by the government’s State Security Service (SSS) leading up to elections. Although Nigerian media remains very free in relation to other African countries, journalists still have to endure a climate of violence and harassment. he April elections, which saw a landslide win for Umaru Yar’Adua of the ruling People’s Democratic Party (PDP), were protested in the streets by thousands of opposition leaders, leading to at least 200-deaths in poll-related violence, according to the BBC. Chief European Union observer, Max van den Berg, said elections for state president, state governors and legislators did not live up to the hopes and expectations of the Nigerian people “and the process cannot be considered to have been credible (…) EU observers witnessed examples of ballet box stuffing, alteration of official result forms, stealing of sensitive polling materials, vote buying and underage voting.” he BBC reported that many of the 120,000 polling stations did not open for hours and some not at all, that ballot boxes were stolen and that an attempt was made to blow up the election headquarters. he Transition Monitoring Group, the main umbrella organisation of Nigerian observers, called for new elections and urged the international community not to recognize the government that emerged from disputed polls, according to the BBC. Outgoing President Olusegun Obasanjo had the chance to elevate the country to one of only four in Africa enshrining the highest properties of freedom of the press, but refused to sign a bill sitting before him, casting away years of hard work. he law would have “put Nigeria in the league of some 70 countries around the world that have freedom of information laws and would (have made) Nigeria the fourth country in Africa to adopt such a law,” stated Media Rights Agenda (MRA). Civil society organisations pushed for the much-anticipated Freedom of Information Bill, which has been in Parliament since 1999 and was finally passed by both houses in the National Assembly in February, for eight years. All it needed was the President’s consent within 30 days. It would have strengthened Nigeria’s fight against corruption, made government representatives more accountable, removed secrecy in public sector transactions, and promoted public participation. he bill will now be returned to the National Assembly, where it can still become a law without the President’s assent if passed by a two-thirds majority in each house. here are concerns that the National Assembly will not be able to reconsider the bill because of the disruption and violence around recent elections, and that the whole process may have to be started from scratch, according to MRA. he Nigerian government also tried to push a bill related to homosexuality through Parliament before the end of the president’s term, which would effectively damage the right of free expression for all Nigerians. Human Rights Watch (HRW) was outraged when the bill was fasttracked through the National Assembly at the end of February which would sentence to jail anyone who speaks out about or forms a group supporting gay and lesbian rights, or who participates in a same-sex marriage. HRW stated that the bill, over which there was virtually no debate, would silence public discussion around the issue. HRW urged parliamentarians not to pass the bill. Raids by the SSS were many and violent in 2007. he organisation continues to earn its position on the RSF list of the world’s worst press freedom violators, where it first took a spot in 2005. RSF states that, “his fearsome organisation at the disposal of the president does the government’s dirty work, typically ransacking media offices, making illegal arrests and arbitrarily throwing people in prison. It routinely denies arresting journalists despite many witnesses to the fact (…). he media is bold and vigorous but the SSS is sometimes sent to intimidate journalists with raids, beatings and tough interrogations.” he Nigerian media is indeed thriving on many levels, and is called “one of the most vibrant” in Africa by the BBC. he private press is vocal in its criticism of the government. Residents in nearly all parts of the large country have access to state run radio and television, and there are both federal and regional offices. Each of the 36 states has their own radio stations, and most have local television services. Radio remains the main tool for information, and BBC and other international broadcasters have a large audience. About 17 private radio stations have received licences, and pay television is growing in 2007 World Press Freedom Review popularity. Over 100 national and local newspapers and publications exist, including well-respected dailies, tabloids and others, many of which support the rights of ethnic groups. Some of the difficulties for private television include high costs and scant advertising revenues, combined with legislation requiring 60 per cent of output to be locally made. Along with the government’s regular use of the SSS to suppress journalists, they come under regular attack from militant and other groups, making the media scene dangerous and sometimes violent. RSF said journalists in Nigeria face a “prevailing culture of brutality”. Libel is still a criminal offence, with journalists the ones forced to prove their innocence. he first raids of the year by the SSS took place on 9 January, when it broke into the Abuja offices of the Leadership daily newspaper and weekly the Abuja Inquirer. Staff members at Leadership were held hostage for one hour, and general manager Abraham Nda-Isaiah, editor Bashir Bello Akko, and Minna correspondent Abdulazeez Sanni were later arrested. SSS agents said they were instructed to confiscate the manuscript of a front page story from the 6 January issue called “How Odili Lost Out in PDP”, which discussed how Umaru Yar’Adua came to be chosen as candidate for the upcoming presidential elections. SSS agents later returned to the paper and sealed its entrance, confiscated staff mobile phones and searched the premises. hey had been searching for journalist Danladi Ndayebo, and the three detained journalists were forced to reveal Ndayebo’s whereabouts. Ndayebo was arrested the following day and held for ten hours, during which he was forced to reveal his sources of information. A similar raid took place the same day at the Abuja Inquirer, in which publisher Dan Akpovwa and editor Sonde Abbah were arrested and the office searched for three hours. When they finally left, they took 81 CDs, a list of newspaper staff, a computer, and copies of the latest and previous issues of the paper. he raid took place following the publication of an article called “Obasanjo-Atiku Face-Off: Coup Fear Grips Nigeria”, which ran in the 8-14 January edition. Eight members of the SSS invaded the office housing two private broadcast media, Link FM and GTV on 11 April in Lagos. he forces, acting on “an order from above”, forced employees to leave and sealed the offices so they could not be re-entered. Shortly after, on 17 April, the SSS raided private, outspoken African Independent Television (AIT)’s Abuja studios. Just two days after AIT offices in Lagos were damaged by fire, and days before the presidential election, agents stormed the studios in the middle of the afternoon and ordered all employees to lie face down at gunpoint. hey confiscated video cassettes of many programmes that were going to be broadcast as well as one which was being broadcast at the time, the subject of which was outgoing President Obasanjo’s eight years in office. he AIT offices come under frequent attack. hey had been raided in May 2006 and a tape taken over the Obasanjo’s failure to prolong terms in office. Gbenga Aruleba, the host of “Focus Nigeria”, a current affairs debate show including political figures, was arrested at the time and held for 48 hours. Article 19 wrote shortly before the election: “his should be a time for journalists, news producers and candidates for office in Nigeria to raise the level of public debate about issues at stake in the elections,” Africa Programme Director John Barker said. “Instead, what we are getting are raids on news organisations and their staff as well as reports of gross violence against journalists and activists. hese types of human rights violations do not lend credibility to the election process.” Also in the lead-up to the election, an award-winning human rights and anticorruption campaigner, Anyakwee Nsirimovu, was violently assaulted and received death threats on 4 March. HRW says the 47 German citizens Florian Alexander Orpitz and Andy Lehmann walk outside the Federal High Court in Nigeria’s capital Abuja. Afolabi Sotunde / Reuters director of the Institute for Human Rights and Humanitarian Law in Port Harcourt was probably threatened over his outspoken criticism of state and local officials in Rivers State. Nsirimovu was attacked by a gang of at least six young men when returning home from an evening meeting. he men were armed with knives, clubs and other weapons, and tried to stop his car, smashing the rear window and causing other damage. Nsirimovu was not harmed. He had been receiving threatening phone calls the two weeks prior to the attack. On 12 February, Nsirimovu’s organisation had issued a cutting criticism of Rivers State legislators, and the group was also active in promoting public awareness of problems highlighted in a HRW report about local government corruption. Nsiromovu said the objective of attackers was to “shut people up” before elections, adding that the attacks could lead others to fear speaking out about human rights and governance issues facing the state. Journalists were harassed during 1 May Workers’ Day celebrations, and a cameraman with Ondo State Radiovision Corporation in Akure was assaulted by a police officer. During the same celebration, prodemocracy, human rights, trade union and socialist activists were arrested and detained and their newsletters and books seized. Two gunmen stormed the offices of private daily newspaper the Punch on 5 June in Port Harcourt, searching for a particular employee. he gunmen threatened staff and demanded to see a certain worker, who 48 was not there at the time. hey focused on Christian Madueke, another employee, who tried to get away. hey pointed their guns at him, and Madueke jumped out a window and was seriously injured in the fall. An employee set off an alarm and the gunmen fled. he Punch is one of Nigeria’s most popular newspapers, and is located in the Niger Delta, an economic and political key area due to large oil reserves. The country’s leading independent broadcast network, AIT, came again under attack when the Federal Capital Territory (FCT), a local government body, bulldozed three new station facilities without notice in mid-June in the capital of Abuja. he buildings, erected over the past year by AIT housed a digital studio, a technical operations office and a common room for anchors. FCT director for urban development Issa Shuaid claimed the station broke city-planning rules by encroaching on neighbouring property when it built the structures, adding that the station was using a residential zone for commercial purposes. AIT, which intends to sue the government, states the land encroachment accusation was first brought forward on the day of the demolition, which it calls politically motivated due to the station’s coverage of elections in May. Oyo state journalists had a particularly harrowing year in the face of several attacks by militants, activists and uniformed corps. Journalists at the Broadcasting Corporation of Oyo State (BCOS) came under attack on 23 May when about 100 supporters of a local politician stormed the studios in southwestern Ibaban. Many staff ran in the face of the brutal attack, which saw at least a dozen injured by machetes, while others were trapped in the offices. Most employees were also robbed of money and mobile phones, had vehicles vandalised, and the premises were ransacked, forcing the station to stop broadcasting. BCOS had announced that the state electoral commission chose to stick to 24 May as the provincial election date, although former deputy governor Christopher Alao Akala of the PDP had contested the date. Prison guards at Agadi prison in Ibadan, in the southwestern state of Oyo, beat a journalist unconscious on 11 September as he tried to cover the aftermath of a riot. Tope Abiola, deputy editor of private daily Nigeria Tribune, went to the prison the day after the riot, which killed an estimated 40 inmates. He was photographing World Press Freedom Review and counting bodies as they were removed from the prison when police and guards set on him and beat him until he lost consciousness. Other journalists who tried to intervene were also beaten. Journalists were once again attacked in Oyo during the 11 September inauguration of a new road near Ibadan by the state governor. After the ceremony, political activists blocked the road, demanding money from the governor. hey then turned on others there, including journalists. Although none were seriously injured, Gbenga Abegunde of private Daily Independent was pelted in the chest by several stones and an AIT vehicle was destroyed. Nigerian journalists are often subjected to violence on the least pretext, without anyone ever being punished,” stated RSF. “We call on the government to put an end to this impunity by ordering investigations that result in those being identified and punished, regardless of whether they are political party activists or police officers.” The Nigerian federal high court released two German independent filmmakers on bail in Abuja on 5 October after they pleaded not guilty to five counts of endangering state security, reported CPJ. Florian Alexander Opitz and cinematographer Andy Lehmann were arrested on 21 September in the southern city of Warri for taking photographs and footage, including oil facilities in the oil-rich and Nigerian delta, where armed militant groups are fighting for control over oil profits. he two were charged with violating Nigeria’s Official Secrets Act by taking photos and footage of “protected places” and for making false statements on their visa entry applications, although no evidence was presented. he two were the first international journalists to be formally charged because of coverage of the delta, where the militants have kidnapped more than 200 foreign and local workers and killed dozens of security forces since last year, according to Agence France Presse. he foreign press had also come under attack the previous June when veteran freelance photographer Ed Kashi was detained for four days last June and a CNN contract was ended after authorities accused the station of “stage-managing” a report on the Niger delta. he publisher of private weekly Events in Akwa Ibom state was arrested by men suspected by local journalists to belong to the SSS and charged with sedition on 2007 16 October. Jerome Imeime was taken to prison shortly after his arraignment in the state capital of Uyo in connection to a front-page story published the previous week accusing Governor Godswill Akapabio of using state treasury funds to pay off personal debt acquired during his electoral campaign. he story also alleged corruption in the granting of road construction contracts. Legal expert Femi Falana claims the country’s sedition law was abolished in 1983, but authorities continue to use it to silence the press. Events had also come under attack in June, when 15 armed men, believed to be government agents, stormed the paper’s printing plant and seized 5,000 copies of an edition, according to CPJ. he paper was about to run a story alleging criminal indictment of Akapabio. RSF complained in October about Borno state governor Ali Modu Sheriff’s abusive use of the SSS to harass journalists starting mid-October. he attacks include arrests of James Garuba of the Tribune, Michael Olabode of his Day, and other reporters who had criticised Sheriff’s exorbitant spending on gifts for his supporters on the occasion of Ramadan. Several newspapers were raided on 15 October, and once again a few days later, with journalists being forced to accompany SSS agents. hey were held for several hours and “made to write statements about how they got wind of the affair,” according to one journalist. hey were released, but forced to report to SSS headquarters every day. “It is intolerable that provincial authorities can do as they wish with journalists and that the SSS carried out their dirty work,” said RSF, adding it “is a disturbing sign for democracy in Nigeria.” No suspects had been brought forward by year’s end into the murders of awardwinning journalist Godwin Agbroko, editorial board chairman of private daily his Day, who was shot dead on 22 December 2006 in Lagos when driving home from work, or Omololu Falobi, founder and director of media advocacy group Journalists Against AIDS, who was gunned down on 5 October 2006 wile leaving his office in Lagos. All in all, it seems that new President Umaru Yar’Adua’s claim to journalists in October that the government is committed “in both words and deeds” to “reject arbitrariness in any form” and “end impunity enjoyed by the perpetrators of Niger● ia’s abuses” have not been realised. 2007 World Press Freedom Review 49 Rwanda T he Rwandan government has cracked down heavily on any reporting regarded as negative of its activities, punishing journalists, closing papers, and forcing writers into exile. he fragile independent media takes an especially virulent beating from the government, which did its best once again in 2007 to silence those voices. From open threats by government officials to a pledge by the president to refuse to fund newspapers that do not follow his desired editorial line, the private media has withered under President Paul Kagame. Reporters Without Borders (RSF) has labelled Kagame one of the world’s “Predators of Press Freedom”. “he government attacks any journalist, foreign or local, who puts out news it does not like, or which violates the taboos of the society built by the Rwandan Patriotic Front (FPR), which came to power after overthrowing the genocidal Hutu regime and ending its massacres.” “President Kagame tolerates no embarrassing questions at press conferences, frequently insults independent journalists and dismisses all critical media outlets as ‘Radio Mille Collines’, the former genocidal radio station.” Rwanda was one of the top five countries worldwide from which journalists flee into exile to escape death threats and violent attacks, as well as surveillance by security services. Authorities have not provided adequate protection to journalists. Journalistes en Danger (JED) claims the press freedom situation in Rwanda is worsening daily, adding that a climate of fear has been created for those managing media outlets, particularly private ones. New allegations made in November 2006 against Kagame by French judge Jean-Louis Bruguiere – who issued nine international arrests against the president, claiming he was complicit in the assassination of former President Juvenal Habyarimana in 1994 – are politically explosive. he death triggered the genocide by Hutus against Tutsis, which brutally wiped out about 10 per cent of the country’s population, or 800,000 people. As a result of the allegations, Rwanda cut diplomatic relations with France, and also shut down the RFI transmitter. The traditional “gacaca” community courts – which are being used in part to deal with those accused of involvement in the genocide – are sometimes considered partisan. he UN International Criminal Tribunal for Rwanda in northern Tanzania, which has so far convicted 27 people, is trying the key individuals behind the massacre. he prejudices that led to the genocide are still being rooted out of the education system, where teachers are periodically tried for promoting ethnic hatred and where old books promoting hatred and division still exist. Although the country has been relatively stable and much of the infrastructure rebuilt under Kagame, who won in a landslide victory in 2003 in the first presidential elections since the genocide, he tolerates no criticism of or challenges to his authority, and journalists suffer from ongoing hostility by the government and surveillance by security forces. State-run Radio Rwanda is the most tuned-into station in the country, and has been joined by a small group of competitors since the first private station opened in 2004. International stations BBC, the Voice of America and Deutsche Welle are also available. Few people outside of urban areas view television, and Internet usage is as low as 3 per cent. Newspapers often selfcensor due to intimidation by officials of journalists who criticise the government. Attacks on the private press were frequent in 2007, starting with the privately owned fortnightly Umurabyo on 19 January. Its editor, Agnès Uwimana Nkusi was put into custody for 30 days on charges of “promoting divisions”, libel and sectarianism. he detention was ordered by a judge in Kigali at the state prosecutor’s request, who said Nkusi was a threat to the security of Rwanda. Nkusi claims she realised an article titled “You have problems if you kill a Tutsi, but you go free if you kill a Hutu” might have a “bad impact” and was writing another column to offer a correction. he editor of a private bi-monthly was brutally attacked in mid-February after publishing a series of articles critical of government officials. hree men with iron rods put Jean Bosco Gasasira of Kinyarwanda-language paper Umuvugizi in intensive care in hospital. Police, according to an IFEX report, arrested one of the attackers. Bukavu Catholic University professor and director of newspaper Mashariki News Professor Idesbald Byabuze Katabaruka was sentenced to 30 days of detention by Gikondo local court on 23 February while awaiting trial on charges of “segregation, sectarianism and threatening national se curity” for an internet article called “Rwanda Alert,” which harshly criticised public authorities. Byabuze was arrested on 16 February by Rwandan police while teaching a course at the Private International University of Central Africa. The offence falls under the highest Rwandan court, and Byabuze could face up to 20 years in jail without parole or appeal if he is found guilty. RSF has called for his release due to his frail health, because the charges against him were tenuous, and because Byabuze agreed to appear in court, stating, “this distressing case highlights the Rwanda government’s extreme sensitivity to criticism.” Bi-monthly Umurabyo director Agnès Uwimana Nkusi was again affronted on 20 April, when she was sentenced to one year in prison for publishing a reader’s letter which criticised the government and condemned press freedom violations, according to JED. Uwimana Nkusi had been jailed since 12 January on the charges, which included sectarianism, division and libel. She was also ordered to pay US$ 760 in damages. She pled guilty to the charges to avoid the five-year sentence sought by the state prosecutor. CPJ research shows that the unsigned letter in question, published on 1 January, compared ethnic killings during Kagame’s Tutsi-run regime to those of the previous Hutu administration. A new English newspaper, the Weekly Post, was closed on 6 June for unknown reasons. After receiving permission to publish the paper on 2 May, the Rwanda Media Holdings Limited Company suddenly had its licence pulled. Information Minister Laurent Nkusi revoked its authorization without a court order, which is required by press law, three days after the paper’s first edition, according to CPJ. he paper had been started by journalists who had quit or been fired from staterun New Times, the only newspaper in Rwanda. he newspaper’s CEO confirmed to Media Institute that no reasons were received for the closure, and that the owners of the paper had fully complied with the law. he paper lodged a formal complaint with the High Council of the Press that stated it would look into the matter. Independent sources stated the paper was shut down because Rwandan authorities were concerned it was linked to Ugan- 50 da, from where the founders, believed to be Rwandese, originate. Strained relations exist between the two countries since their armies fought in the Democratic Republic of Congo. he editor of privately owned Umuseso was arrested and charged on 22 August with raping an unidentified young girl in a crude attempt to frame him, according to RSF. Police and employees of private security company Agespro arrested Gérard M. Manzi at a bus station at around 10 pm while on his way home after a drink with friends. He was with a female minor who he was concerned about after finding her alone at the bus station just seconds before. Police allege Manzi spent the day with the girl, who they claim is a member of his family. Manzi denies the charges, stating he was in Amahoro stadium covering a football match on the afternoon in question, and that there were several witnesses who could attest to his statement. He added he had never seen the girl before and was not related to her. Umuseso is known for being outspoken, and has been repeatedly harassed by lawsuits and threats, while several of its journalists have fled into exile. he weekly’s editor and publisher Charles Kabonero was convicted of a “public offence” in August 2006, and hit with a one-year suspended sentence and fine of US$2,200 after publishing a series of articles critical of the government. He was also the target of a vicious campaign of denigration in April 2006, in which he was accused of conspiracy in a forges letter run in the pro-government bimonthly Focus. Kabonero was also sued in 2004 over an analysis piece. “After failing to silence us by attacking us over our articles, the government is trying to discredit us by trapping us one by one in common-law criminal cases,” stated Kabonero, whose paper belongs to the Rwanda Independent Media Group (RIMEG). As evidence of this, RIMEG’s deputy director, Furaha Mugisha, appeared in court on 7 November on trumped up charges of not being a Rwandan and bouncing a cheque. Kabonero and Newsline editor Didas Gasana were to attend court on 13 November on charges of libel. Umuseso editor Gerald Manzi had to report each Friday on probation over rape charges. World Press Freedom Review he government displayed its true feelings for press freedom on 9 September, with comments made by government officials, security forces spokespersons and a senior official during the program “Ask in order to know.” Interior Minister Sheikh Musa Fazil Harelimana stated that the government would take “measures” against journalists who attempt to “overthrow” the government. He was alluding to the recent publication of a classified defence military document, printed by privately owned weekly Umuseso. He added police should arrest any journalist who publishes an official document until the source of the information is revealed. Finance Minister James Musoni claimed the independent media cooperates with “negative forces” and stated “security services have discovered that certain journalists are paid by countries opposed to our government.” Army spokesman Maj. Jules Rutaremara added critical media aid Rwanda’s enemies and thus should also be seen as part of the “many negative forces.” Information Minister Laurent Nkusi then pointed out “mistakes” in three recent Umuseso issues – articles entitled “Soldiers desert over low pay,” the “Ten Mistakes that President Paul Kagame often makes,” and “Ten reasons why Rwandans have had enough of Paul Kagame’s government.” Musoni said the government would apply a law adopted in 1978 that ensures that “the figure of the president is respected.” As a result of this show, which amounted to harassment, blackmailing and threats by government officials at the highest levels, RIMEG suspended publication of its titles for a period of time late in 2007 in protest; it announced it would refrain from publishing for a minimum of two weeks beginning 23 October. Kabonero stated that it was becoming ever harder for journalists to work following the government’s stance since sources would be afraid to provide information in the future. “We fear for our lives. When members of the government call us enemies of the country, it serves as a green light to all those inclined to go after us, as they can now claim they are protecting the country’s interests.” Equally important, said Kabonero, is that President Kagame himself re-solidified the accusations at a journalists’ meeting on 15 October, in which he said RIMEG and the Weekly Post, banned in June on accu- 2007 sations of being funded by government enemies, were controlled, funded and collaborating together with external negative forces. “We at RIMEG believe that such are serious allegations, interpreted as treason in the country’s penal law that should not go unchallenged. We have thus decided to suspend our publications as a way of protesting such high-level intimidation and terrorism, requesting that if they (Kagame or the officials) have any evidence to that effect, they put it forward for the public to know and we be judged by both a competent court and the court of public opinion,” said Kabonero in an email. Some good new also appeared on the Rwandan media front. Former presenter and producer of state-run Radio Rwanda Tatiana Mukakibibi was freed on 6 November after spending 11 years in pretrial detention in terrible conditions on charges of genocide. A people’s tribunal, or “gacaca”, in the Kimegeri sector of Ruhango finally acquitted Mukakibibi. She had also been accused of planning and participating in genocide and distributing weapons in Kimegeri between April and July 1994. A series of witnesses defended Mukakibibi, stating she was not in Kimegeri when the weapons to be used in the genocide were distributed by the presidential guard, and that she did not participate in any killings, particularly in that of Tutsi journalist Eugène Bwanamudogo, who she was accused of murdering. She had always claimed the charge was “trumped up” and an attempt to smear the reputation of herself and former colleague André Sibomana, human rights activist and former editor of newspaper Kinyamamateka. And radio journalist Gilbert Rwamtwara was awarded the Human Rights Watch Hellman/Hammet award, which honours journalists reporting in dangerous circumstances. Rwamtwara was threatened for reporting about the country’s “gacaca, community justice courts. In 2005, a police officer friend told him to leave the country if he did not want to “disappear or face prison”. He and his family were granted refugee status in Lu● saka, Zambia. 2007 World Press Freedom Review 51 Senegal W hile Senegal’s media environment enjoys a relatively positive image, its criminal defamation laws continued to seriously hamper the work of journalists throughout the year. In addition, the country’s presidential and parliamentary elections, held in February and June, respectively, also sparked several unfortunate incidents, with journalists covering political events and activities repeatedly unwillingly embroiled in election related violence. In late February, vehicles carrying approximately fifteen journalists were attacked by pro-government demonstrators while following a convoy of opposition supporters in Mermoz. Demonstrators ransacked the convoy vehicles and stole various pieces of equipment, such as laptops and mobile phones. hey also threatened the journalists, most of who work for private radio stations and newspapers, and physically attacked several of them with clubs and stones, forcing them to flee. Police officers were present but did not intervene. he country’s presidential and parliamentary elections, held in February and June, respectively, also sparked several unfortunate incidents, with journalists covering political events and activities repeatedly unwillingly embroiled in election related violence In mid-April, Moustapha Cissé Lô, a politician, and as many as twelve other individuals, stormed the Radio Disso FM studio and threatened its staff, shortly after a listener voiced opposition on-air to Lô’s inclusion on the Democratic Senegalese Party’s (PDS) list of parliamentary candidates. Lô and his associates attempted to force Ibrahima Benjamin Diagne, manager of the station, a private, Mbacké-based broadcaster, to reveal the caller’s identity. However, Diagne refused and was able to contact the police, and Lô finally left after their arrival. Diagne thereafter filed a complaint with the police and announced that he planned to initiate judicial proceedings against Lô, who is said to have strong connections to President Abdoulaye Wade. He has since been subjected to repeated harassing phone calls from the politician and his associates. However, most of the year’s press freedom violations involved aggressive application of the country’s penal code, which includes provisions for criminal defamation, insults to the head of state, and publishing false news. Prosecution pursuant to these provisions continued despite assurances, voiced as early as 2004, that criminal sanctions for press offenses would be abolished. In fact, Ousmane Sèye, the president’s lawyer, made ample use of the laws, filing, for example, a criminal defamation suit against the director and a reporter for Le Quotidien, a private newspaper, over a March article criticizing the attorney, who was said to be seeking US$1 million in damages. In another proceeding, on 8 March, a Dakar court sentenced two journalists convicted of criminal defamation to suspended six-month prison terms, and imposed fines of US$21,000 on them. he charges against director Jean Meïssa Diop and reporter Faydy Dramé, of the daily Walf Grand-Place, stemmed from articles published in June 2006 regarding allegations against a local car dealership for possibly selling defective vehicles, and appeared particularly unwarranted given that the paper published both the allegations and a response by the dealership. he two journalists were permitted to remain free pending their appeals. In April, Ndiogou Wack Seck, a reporter for Il Est Midi, a private newspaper, was sentenced in absentia to six months imprisonment for defamation. In addition, the court ordered the journalist to pay US$41,000 in damages, his publication was banned for three months, and he himself was barred from working as a journalist for that amount of time. he conviction was based on a complaint filed by presidential lawyer Sèye and Alex Ndiaye, director of a private station, in response to a November 2006 article implicating the two men in the possibly unwarranted release of former Prime Minister Idrissa Seck. Idrissa Seck was released from prison in February 2006, without explanation, after seven months of imprisonment based on corruption charges. he journalist Seck, who did not appear in court, was subsequently sought by way of arrest warrant. In early October, Moussa Gueye, editor of L’Exclusif, a private daily, was assaulted and taken to an unknown location soon after his paper published a story about the president’s ‘night time escapades’ based on information provided by inside sources. Lured to the office by a supposed advertisement inquiry, Gueye was stopped along the way by five plain-clothed officers of the Criminal Investigation Department, who aked him about the whereabouts of Justin Ndoye, the author of the article. Gueye refused to reveal that information, and was immediately roughed up by the policemen. he men eventually took Gueye to his paper’s office, stole its computers and printing equipment, and vandalized the cars parked outside the office. Other staff members went into hiding after the incident, and the paper stopped publishing. Most of the year’s press freedom violations involved aggressive application of the country’s penal code, which includes provisions for criminal defamation, insults to the head of state, and publishing false news One week later, Gueye was charged with several criminal offences, including offending the head of state, publishing false news, and endangering public security, charges that carry potential penalties of up to five years of imprisonment. Ndoye remained in hiding. However, later reports indicated that Pape Moussa Doukar, also a reporter for the paper, was arrested and accused of writing the controversial article. By early November, two other editors were under arrest pursuant to charges alleging offense to the president or endangering national security. El Malick Seck, the editor of Rewmi.com, a news site, was arrested after readers criticised online the president’s decision to purchase a new limousine in a time when the country was grappling with economic difficulties. Pape Amadou Gaye, editor of the daily Le Courrier du jour was targeted after publishing an article stating that the army was the sole body capable of resolving Senegal’s economic crisis. He was charged with inciting the army to rebel against the institutions, prejudicing state security and insulting the head of state, charges carrying five to ten years imprisonment. World Press Freedom Review 52 2007 Sierra Leone In an encouraging gesture, Moussa Gueye, Pape Moussa Doukar, Pape Amadou Gaye and El Malick Seck were all released from custody on 9 November, with the Interior Ministry explaining that the move was meant to “defuse” the government’s relations with the press. However, subsequent events made clear that relations would remain rocky, with journalist subject to continued harrassment for reporting critical of the government. In early December, Hydraulics Minister Adama Sall sent a threatening letter to the offices of Weekend, a private magazine, after it published a story voicing suspicion over the minister’s possible involvement in the alleged disappearance of equipment worth almost US$100,000. In the meantime, Abdou Latif Coulibaly, a journalist who exposed the embezzlement of national lottery funds, was on trial on charges of defamation and public slander, inititated by the state-owned lottery and several of its employees, with proceedings due to begin in mid-December. President Wade, who was repeatedly criticized for responding at best slowly to accusations of harrassment by senior officials, struck a discouraging end-of-year note for Senegal’s media. In late December, he recommended that journalists seek feedback from officials before publishing stories covering the government, adding that it was in the government’s interest to “maintain a positive image” of the country. It remains to be seen whether such comments will further stifle a journalistic community already all too aware of the possible repercussions of critical and investigative ● reporting. S ierra Leone’s presidential elections, the first round of which were held in July, brought Ernest Bai Koroma, a former insurance broker, to power as the country’s new president in September. he presidential elections sparked several politically motivated attacks on the country’s media, and unfortunately also did little to improve professional standards, with media outlets continuing to offer mostly highly politicised reporting. Nonetheless, the year did begin with some encouraging news regarding the investigation into the July 2005 death of Harry Yansaneh, editor of the independent newspaper For Di People, who was physically attacked and died of kidney failure two months later. he Attorney General at the time cited insufficient evidence and declined to press charges against the suspected attackers. he suspects included Ahmed Komeh, Bai Bureh Komeh and Aminata Komeh, three children of parliament member Fatmata Hassan, who had repeatedly criticized Yansaneh’s publication and was widely believed to have instigated the attack. he presidential elections sparked several politically motivated attacks on the country’s media, and unfortunately also did little to improve professional standards, with media outlets continuing to offer mostly highly politicised reporting Hassan’s three children fled to the United Kingdom soon after the incident, prompting the Sierra Leone Association of Journalists (SLAJ) and other media rights organisations to call for their, and their mother’s, arraignment before court. Following a High Court ruling condoning an extradition order, in mid-January, the Office of the Attorney General finally issued instructions to the Ministry of Foreign Affairs to request their extradition. In the meantime, although (now former) President Kabbah had requested a reform of the criminal defamation law in late 2005, little progress was made. he proceedings initiated against Philip Neville, the editor of the privately owned Standard Times daily newspaper, demonstrated the media’s continued vulnerability to attack. On 27 June, the newspaper published a story accusing Kabbah of hushing up past money and good donations from the Libyan government, and commenting on the country’s disappointment with not having been informed about this. Neville, who is also the vice-president of SLAJ, was arrested by plain-clothes members of the police’s Criminal Investigations Department the very next day, held at a police station and then transferred to a crowded cell, where he fell ill, forcing his transfer to a hospital. On 2 July, Neville was charged under Section 32 of the Public Order Act of 1965, which prohibits any false statement, rumour or report likely to harm the reputation of government officials, a crime punishable by a fine and imprisonment of up to one year, or both. Bail was set at approximately US$75,000 and three people were required to stand security for Neville, including two owning homes worth at least 50,000 euros located in a particular region. Neville posted bail and was released on 3 July, with no exact date set for trial. In late August, Kabbah ordered an end to the criminal proceedings, given that the newspaper had apparently fulfilled several “conditions” required by the prosecution, with the paper retracting the story and publishing the retraction, both online and in multiple paper editions. In the meantime, however, a radio journalist working for the UN radio station in the country was “invited” for questioning at police headquarters in connection with a programme addressing the alleged gifts. Unfortunately, serious debate about reforming the country’s criminal defamation law has been hampered by some members of the media themselves, who have relied on it as a tool for mutual harassment in conflicts amongst individual publications. For example, in February, a disagreement between Sylvia Blyden, a government ally and publisher of the privately-owned daily Awareness Times, and Philip Neville, of the Standard Times, included captions calling Neville “a reckless fool” and publication of a lewd photomontage of a nude Blyden. he exchange of insults culminated in a criminal libel complaint by Blyden against Neville. In a separate incident, Olu R. Awoonor Gordon, editor of a privately-owned weekly, received a death threat after filing a libel suit against the pro-government Concord Times weekly, for articles stating that two 2007 World Press Freedom Review 53 Somalia Sierra Leone People’s Party (SLPP) leaders accused him of purposely provoking violence. Harassment by way of physical violence, or threats thereof, was also fairly common. In early February, members of the Kabala Town Youth, a youth association, stormed the premises of a community radio station in a northern province of Sierra Leone, forcing journalists and other staff to leave and interrupting transmission. he youth group members demanded the dismissal of the station’s manager, whom they accused of stealing, engaging in nepotism, and using the station to encourage ethnic conflict. he station was able to resume broadcasting 24 hours after the raid. During the months leading up to the 8 September election run-off, journalists were particularly vulnerable, threatened and attacked by supporters of both the ruling SLPP and the opposition All People’s Congress (APC). he harassment included violence towards foreign journalists, fuelled by allegations in pro-SLPP publications that the UN and western countries were influencing the elections. he incidents prompted the Independent Media Commission, an entity responsible for regulating the country’s media, to ask two radio stations belonging to the two main parties to “tone down” their coverage. Journalists working for independent publications were often targeted, both by threats and physical assaults; journalists out covering elections also proved an easy target, with several reporters literally beaten with sticks for taking unpopular photographs or wearing clothing of the color associated with the opposition. Party-affiliated publications were also affected by violence, with staff of both SLPP- and APC-owned weeklies and radio stations receiving death threats, and the premises of one pro-SLPP paper physically attacked by opposing activists. he incidents forced several journalists into hiding or exile out of concerns for their safety. Sierra Leone did, however, receive some positive attention from the press freedom community for its efforts to permit more access to information held by governmental entities, with the International Federation of Journalists noting that it was one of only four countries currently pushing draft ● freedom of information legislation. Death watch country (8) T he year was a particularly brutal one for Somalia, a country without an effective central government since dictator Siad Barre was toppled in 1991. In December 2006, government forces backed by Ethiopian troops, many of which remained in the country thereafter, ousted the Union of Islamic Courts (UIC), an alliance that controlled Mogadishu in the past. Troops loyal to the transitional federal government (TFG) took control of most of the nation, but the transitional government became a target of attacks from Islamic militants and local militiamen, and the resulting violence caused both civilian deaths and displacement. no explanation for their arrest and subsequent detention. Gabobe, reportedly in ill health, and Dini were eventually scheduled to appear before court in the first week of February. Instead, they were transferred to a prison outside of Hargeisa. Mohamed Omar Sheik, a Haatuf correspondent, who was arrested in mid-January and since detained in Hargeisa, was also transferred to the prison. Incidents involving journalist assaults, arrests and brief detentions by security forces multiplied throughout the year, and often appeared to occur without any provocation whatsoever Several media rights organisations seized the opportunity of the power shift to call on Somali authorities to demonstrate their commitment to democratic society by respecting a four-point charter aiming to protect journalists, all too often targeted for their work during the country’s 15-year long conflict. Numerous incidents throughout 2007 demonstrated just how dangerous working conditions have become, and how urgently protective measures are needed. In fact, in terms of journalist deaths, only Iraq fared worse. A proceeding stemming from reporting critical of the government showed the volatility of the environment within which journalists were required to perform their work. In January, publisher Yusuf Abdi Gabobe, editor Ali Abdi Dini and chief financial officer Hussein Kalif Abdullahi, all executives of Haatuf, an independent newspaper, were arrested in Somaliland, a northern breakaway state struggling to establish itself as a democratic enclave within the country since 1991. hey were taken to a police station, and Abdullahi was beaten during the incident. Authorities provided French journalist Gwen Le Gouil is guarded by a gunman at an undisclosed location in the mountainous village of Mareero, about 30 km (19 miles) east of Putland’s Bosasso port, December 20, 2007. Le Gouil, abducted by Somali gunmen demanding $80,000 for his release, wants international media watchdogs to press for his release, a Somali journalist related to the kidnappers said on Thursday. REUTERS/Abdiqani Hassan In March, a High Court suspended Haatuf ’s license and imposed heavy prison sentences on the men at a hearing in Hargeisa. he charges against the journalists were based on a series of articles, published in late 2006 and early 2007, claiming that government appointments were often based on favouritism and that officials were using government vehicles for personal purposes. hey were charged with violating Somalia’s 1962 Criminal Code, even though the provisions in question were overridden by legislation adopted in 2004. 54 Gabobe was sentenced to two years in prison for reporting false information about the government, discrediting the President and his family, and for “creating inter-communal tension.” Dini and Sheik were sentenced to two years and five months in prison, for defaming the government, the President and his family. Another journalist, Ibrahim Mohamed Rashid Fara, who was tried in absentia, received the same sentence. World Press Freedom Review do, and the reason for his arrest remained unknown. Mohammed Bashir Sheik Abdirahman, a Radio Shabelle reporter, and Osman Qoryoley, his driver, were arrested on 21 March at Mogadishu’s international airport, where Prime Minister Ali Mohammed Ghedi was scheduled to hold a news conference. Abdirahman was beaten by security agents and subsequently taken into custody. A second journalist, Muhiadin 2007 Others were detained while covering government raids, such as Mohamed Hussein Jimaale, correspondent for the webbased Puntlandpost, arrested in Mogadishu along with seventy others when government troops swept a local market targeting suspected Islamist insurgents and illegal weapons. While most detainees were released shortly after their interrogation, Jimaale, who identified himself as a journalist, was transferred to another prison he year’s developments also revealed a troubling pattern of shutdowns, both temporary and permanent, of radio stations, with those thought to maintain ties to the UIC particularly vulnerable to governmental interference Somaliland President Dahir Riyale Kahin subsequently met with the Somaliland Journalists Association (SOLJA), and indicated he was prepared to pardon Haatuf ’s journalists. Haatuf also appeared as usual on 5 March. Gabobe, Dini and Sheik were eventually released in early April, after about three months in jail, although Farah’s whereabouts remained unknown. In the meantime, incidents involving journalist assaults, arrests and brief detentions by security forces multiplied throughout the year, and often appeared to occur without any provocation whatsoever. Early in the year, Hussein Mohammed Abikar, correspondent for the privately owned Voice of the Holy Quran radio station, was arrested in southwestern Baidoa, where the transitional federal government has its seat, by soldiers loyal to that government. Abikar, whose materials were confiscated and who was held in an unknown location, was accused of spying. In March, Shabelle Media Network (SMN) journalist Abdirahman Aladalla was beaten and held for several hours by TFG soldiers near Mogadishu, who asked him if he was an Islamist or Al-Qaeda member. On 14 March, security agents for the transitional government arrested Hassan Sade Dhaqane of HornAfrik radio, who was reporting on a security operation by Ugandan peacekeeping troops of the African Union near Mogadishu’s airport. He was subsequently held incommunica- Omar Jimale, was also stopped but managed to escape. Some of the incidents involved Ethiopian troops based in the country. For example, on 12 March, Ibraahim Ruush, Ismaciil Cali Cabdi and Max’ed Ibraahim Raage, three reporters for SMN, were assaulted and briefly detained by Mogadishu-based Ethiopian soldiers. he soldiers seized the journalists’ recording materials and beat them before releasing them an hour later. On 8 April, Abdulkadir Ashir Nadara, of the privately owned TV station Universal TV, journalist Bashir Dirie Nalei and cameraman Hamud Mohammed Osman were arrested by soldiers at Mogadishu airport, after covering a press conference of President Abdullahi Yusuf Ahmed, whom Nadara confronted about supposed “favouritism” in his choice of officials. A presidential spokesman became irate, accusing the journalist of using “the language of terrorists”. hey were immediately arrested and detained. Somalis attend the burial ceremony of Bashir Nur Gedi, the acting head of an independent radio station Shabelle in Mogadishu and released five days later. Covering fighting also proved risky. In late September, independent journalists Libaan Gahnug and Faysal Jama were arrested in Puntland after taking photographs of fighting between Puntland troops and forces from Somaliland. Gahnug was released the same day, but Jaama remained in detention. he year’s developments also revealed a troubling pattern of shutdowns, both temporary and permanent, of radio stations, with those thought to maintain ties to the UIC particularly vulnerable to governmental interference. he declaration of martial law in Mogadishu in mid-January, for example, was soon followed by the closing of several TV and radio stations, including broadcasters who were often accused of pro-UIC bias. he shutdown came by way of National Security Agency letter 2007 World Press Freedom Review French journalist Gwen Le Gouil talks with the media at a hotel after his release in Bosasso. ordering the stations to cease operations, and to report to a 16 January meeting with Colonel Ahamed Hassan Ali, its new Head Security Officer. he meeting consisted of several hours of negotiations. In the end, Somalia’s transitional federal government informed the station managers that they could resume broadcasting, in return for agreeing to work to “protect national security and interests and to cooperate with the government.” In late March, the Somali government targeted Al-Jazeera’s Mogadishu bureau, with the NSA again sending a letter to the station ordering it, without justification, to halt its operations. he decision followed an announcement by a former Somali transitional parliament speaker, who opposed Ethiopian military intervention in the Somali conflict, that Al-Jazeera had invited him to participate in a televised debate with the chairman of the ousted Islamist group. Somali Information Minister Madobe Nunow Mohamed was quoted as saying that “Al-Jazeera has conveyed the wrong messages to the world,” and warning that any broadcasters who “distorted facts” would similarly be shut down. In early June, HornAfrik Radio, the leading independent station Radio Shabelle, and the private station Radio IQK (Holy Quran Radio) were shut down by Information Ministry order. Ali Sharmake, Hor- 55 Pallbearers lay to rest the body of Mahad Ahmed Elmi, a journalist with Horn Afrik who was killed by unknown gunmen in Mogadishu. Shabele Media / Reuters nAfrik’s co-director, was briefly detained, and Radio Shebelle’s offices searched. he crackdown occurred soon after these stations broadcast reports on house-to-house weapons searches carried out by authorities in Mogadishu, and how these affected local residents. According to the Information Ministry, the measures were imposed because the stations were “creating insecurity, supporting terrorism, violating freedom of expression, misleading the public and becoming anti-government.” A particularly grave danger for journalists working in Somalia came by way of crossfire. While some caught in the middle of gunfights managed to escape unscathed, others payed dearly, including with their lives On 17 September, the harassment took on a more violent form. On that day, security forces of the TNG raided Radio Shabelle Mogadishu’s office fired into the building and then detained 19 staff members at a local police station, claiming that a grenade was thrown at their patrol from the office. A police spokesman later indi- cated that this did not occur, and said the raid was carried out by “undisciplined elements” of the security forces. In mid-November, a military unit then raided their offices during another security sweep of the Bakara market, and ordered the station’s shutdown. Station manager Jafar “Kukay” Mohammed and programme director Abdirahman “Al-Adala” Yusuf were not told on what the order was based. A few days later, the offices of Radio Banadir and Radio Simba were shut down under similar circumstances, after Mohamed “Dheere” Omar Habeeb, Mogadishu’s mayor, accused their reports of “undermining the government” and providing false information. he closures left only four private radio stations on air, many of which adjusted their reporting to avoid persecution. In the meantime, Mogadishu’s mayor also required all journalists and media groups to register with authorities within 30 days or be barred from the city In early December, the mayor reopened Radio Banadir, Radio Shabelle, and Radio Simba, emphasizing that stations should provide balanced coverage and focus on accuracy. A particularly grave danger for journalists working in Somalia came by way of crossfire. While some caught in the middle of gunfights managed to escape unscathed, others payed dearly, including with their lives. In early April, unidentified gunmen 56 in the Hiran region shot at a car carrying Mohammed Sheik Nur, a stringer for the Associated Press, Mohammed Ibrahim Isak, a stringer for New York Times, Abshir Ali Gabre, a journalist for Radio Jowhar and two freelance journalists, forcing them to pull over. he gunmen stole cameras, mobile phones and cash from the journalists. In May, radio contributor Mohammed Abdullahi Khalif was killed by crossfire while covering an army raid of an illegal gun market in Puntland. A few days later, Abshir Ali Gabra and Ahmed Hassan, radio reporters who were travelling with a governor’s convoy, were amongst several individuals shot by unidentified gunmen who ambushed the convoy. he surge in press freedom violations, including Khalif ’s death, prompted IPI’s membership to adopt, at its General Assembly in Turkey, a resolution condemning deteriorating conditions in the country. On 24 August, Abdulkadir Mahad Moallim Kaskey, 20-year old correspondent for several radio stations, was killed when clan militiamen shot at the truck he was in. Officials of the local Geledle sub-clan, to which the gunmen allegedly belonged, vowed to hand over the perpetrators to provincial authorities. Other journalists became the victims of more targeted shootings. On 16 February, three unidentified assailants in Baidoa shot Ali Mohammed Omar, newscaster for privately owned Radio Warsan. Omar was ordered to stop by the men and shot dead as he tried to flee. Radio Warsan had repeatedly been interfered with, closed several times and reopened only ten days before the attack following an agreement with the National Security Agency. On 11 August, Ali Sharmake, one of the founders of HornAfrik, and Mahad Ahmed Elmi, a radio show host for the station, were killed within several hours of one another. Elmi was shot by two gunmen on his way to work, while Sharmake died when his car exploded after apparently running over a remote-controlled landmine. Sharmake, Elmi and a third man, Ahmed Abdisalam Adan, lived in Canada as refugees before returning to Somalia in order to found the independent station. On 19 October, yet another murder made headlines, when media executive Bashir Nor Gedi, the vice chairperson of SMN, was assassinated by a group of unidentified gunmen. he men repeatedly World Press Freedom Review shot Gedi in the head and chest in front of his Mogadishu home. Media outlet offices were also both caught in the crossfire and specifically targeted by assailants. In late April, a surge in violence affected both civilians and media personnel. he offices of both the Global Broadcasting Corporation (GBC) in Mogadishu and HornAfrik Radio were hit by several shells, temporarily forcing the stations off the air and injuring two HornAfrik Radio employees. he headquarters of Ayaamaha, an independent daily, were hit by artillery fire. Several newspapers stopped publication because of the heavy fighting, while others struggled to continue the work short of their staff, many of whom had fled the city. In late June, a group of unidentified individuals threw petrol bombs into the Putland headquarters of Shacab, a private newspaper repeatedly subjected to harassment in the past. Nobody was injured during the incident, but printing equipment was damaged. Formerly a daily, the paper is no longer published regularly. Other journalists became the victims of more targeted shootings. On 16 February, three unidentified assailants in Baidoa shot Ali Mohammed Omar, newscaster for privately owned Radio Warsan. Omar was ordered to stop by the men and shot dead as he tried to flee hroughout the year, several incidents illustrated Ethiopia’s influence in the country. For example, in April, an Ethiopian pro-government website published video footage of two Eritrean state television journalists, who were arrested in Somalia in December 2006. Cameraman Tesfalidet Kidane Tesfazghi and reporter Saleh Idris Gama were sent to Somalia by their TV station, and were reportedly unaware of their destination until they arrived at the Mogadishu airport. he video footage, part of a program addressing Eritrea’s support of the UIC in Somalia, included misleading and incorrectly translated interviews with the two journalists, who were presented as Eritrean soldiers by the website. 2007 Amidst all the violence, one of this year’s very few positive developments occurred in late March, when the NUSOJ and the Information Ministry jointly organized a three-day conference in Baidoa. he conference, entitled the Conference on Media Development Policy, was attended by over 50 representatives from the government, parliament, human rights groups and media organisations. Discussions centred on the creation and regulation of an independent media and the protection of journalists. Information minister Madobe Nunow Mohammed indicated that the government would use the recommendations made during the conference as the basis for future media legislation, and a team was put in charge of monitoring their implementation. Aggressive comments by the Information Minister later in the year suggested that any optimism resulting from the conference might have been premature. Both in an October letter sent to all international and local non-governmental organizations and during an interview with Radio Sharbelle, Madobe Numow claimed his ministry was the “sole legitimate authority” in press matters, and specifically targeted the NUSOJ for its work, stating that the organisation had no right to represent and organise journalists. he year ended with yet another troubling incident, which fortunately had a positive ending. On 16 December, five unidentified, armed men in Bossasso kidnapped French cameraman Gwen Le Gouil in northeastern Somalia. he journalist, freelancing with ARTE television, was in the country to cover human trafficking from Bossasso to Saudi Arabia via Yemen. His kidnappers demanded a ransom of around US$70,000. Puntland authorities tried to intervene on 17 December, but were fired at by the kidnappers. Eight days later, the kidnappers released the journalist to two traditional elders belonging to their clan, who turned him over to Puntland au● thorities. 2007 World Press Freedom Review 57 South Africa I n South Africa, continued disagreements between the Freedom of Expression Institute (FXI) and the South African Broadcasting Corporation (SABC) took centre stage, culminating in the filing of an official complaint in February of this year. FXI’s complaint, filed with the Complaints and Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa), accused SABC of violating various authorities, including its own founding statute and licence conditions, as well as the Broadcasting Act and the South African Constitution. FXI has indicated that it felt compelled to initiate the proceedings in light of SABC’s failure to respond to the 2006 report by the Commission of Enquiry that, amongst other things, confirmed the existence of a blacklist identifying political and current affairs commentators to be excluded from certain reports because of earlier criticisms of President habo Mbeki’s government. In South Africa, continued disagreements between the Freedom of Expression Institute (FXI) and the South African Broadcasting Corporation (SABC) took centre stage, culminating in the filing of an official complaint in February of this year More specifically, the FXI complaint alleged that, by excluding certain commentators, Dr. Snuki Zikalala, the SABC’s Managing Director of News and Current Affairs, violated the Broadcasting Act’s requirement for its public services to “provide significant news and current affairs programming which meets the highest standards of journalism, as well as fair and unbiased coverage, impartiality, balance, and independence from government, commercial and other interests.” FXI further claimed that SABC violated the terms of its own licensing conditions by limiting the diversity of opinion to which the public has access, given that these oblige the organisation to “provide a reasonable opportunity for the public to receive a variety of points of view on matters of public concern.” he complaint also targeted the SABC’s response to the blacklist allegations, con- tending that the organisation’s June 2006 statement, which denied the list’s existence, misled the public, and so violated the Broadcasting Act, the SABC’s own Code of Practice, as well as Icasa’s Code of Conduct for broadcasters. FXI also challenged the constitutionality of the organisation’s attempts to force the Mail & Guardian to remove a copy of the Commission report from its website, and noted that reports of possible attempts to issue SAFM radio anchor John Perlman with a written warning for refuting the SABC’s blacklist denial suggested additional constitutional violations. he complaint pinpointed as “especially grave” allegations that Zikalala showed a Special Assignment Programme to the Presidency prior to broadcast, stating that this opened the SABC up to editorial influence by the President’s office. Several of these allegations resurfaced in an October letter from various labour and civil society organisations to President Mbeki, urging him not to appoint to the SABC’s new Board the individuals included on a list for his consideration. he letter, sent on behalf of the Congress of South African Trade Unions (Cosatu), FXI, Media Workers’ Association of South Africa (Mwasa), the National Council of Trade Unions (Nactu), the South African Chapter of the Media Institute of Southern Africa (MISA-SA), the South African NGO Coalition (Sangoco) and the Treatment Action Campaign (TAC), claimed that the nominees failed to satisfy the Broadcasting Act’s requirements for Board members. It also characterised the nominees as insufficiently representative, with no working class representatives, representatives from the country’s journalism and labour communities, nor of the socalled “second economy”, South Africa’s poor and marginalised communities, in violation of a section of the Act requiring it to represent a broad cross-section of the population. he letter expressed particular dismay at the inclusion of six previous SABC Board members for reappointment, claiming that their actions during and after the blacklist inquiry failed to demonstrate that they are “persons who are committed to fairness, freedom of expression, the right of the public to be informed, and openness and accountability,” as required by the Broadcasting Act. Echoing several of the criticisms outlined in the FXI complaint, the letter voiced particular concern about the prospect of Christine Qunta, the current Deouty Chairperson, being appointed Chairperson of the Board, given that she repeatedly publicly defended the Board’s actions in the matter during her tenure. In a related matter, Pretoria High Court Judge Lettie Molopa granted the SABC’s request for an order prohibiting the Mail & Guardian (M&G), Media 24, “or any other person,” from publishing the details of a report of alleged corruption and abuse of power by the SABC. he request prompted FXI to express concern about a perceived pattern of using interdict applications to silence M&G’s investigative reporting, noting that six such applications had been filed against the entity with the Johannesburg High Court since May 2005. hough only two interim interdicts were granted, FXI noted that even unsuccessful applications could hamper journalistic efforts. South Africa’s “quiet diplomacy” towards Zimbabwe was again tested on 23 July, when Abel Mutsakani, a Zimbabwean journalist, was shot and seriously injured by a gang of three assailants in front of his family’s Johannesburg home At the international level, South Africa joined China, Russia, Saudi Arabia, Algeria and Azerbaijan in voting for the UN Human Rights Council resolution that condones curbing freedom of expression that could be considered insulting of religions, particularly Islam. he resolution, titled “Combating defamation of religions” and endorsed by the Organisation of the Islamic Conference, voices concern about the defamation of all religions, but refers specifically only to examples of Islamophobia suffered by Muslim minorities. The South African government also earned criticism from press freedom organisations for its failure to respond to the growing crisis in neighbouring Zimbabwe, particularly with respect to a wave of assaults on media freedom in the nation, including the murder of Edward Chikombo, cameraman for the Zimbabwean Broadcasting Corporation, the torture of journalist Gift Phiri, from the South African- 58 based The Zimbabwean, as well as the conviction of Time magazine correspondent Alexander Perry for reporting without accreditation. South Africa’s “quiet diplomacy” towards Zimbabwe was again tested on 23 July, when Abel Mutsakani, a Zimbabwean journalist, was shot and seriously injured by a gang of three assailants in front of his family’s Johannesburg home. Mutsakani, the former managing editor of Zimbabwe’s banned Daily News, moved to Johannesburg after the paper was shut down, and launched ZimOnline, an independent news service about Zimbabwe that publishes from South Africa. Mutsakani was soon listed in serious but stable condition at a Johannesburg hospital. According to reports from ZimOnline, the motive for his attack remained unclear. However, the assailants, one of whom fired directly at Mutsakani, fled without taking his possessions. There were several positive developments throughout the year, including the rejection of an application seeking to limit media coverage of a trial accusing two individuals and a company of attempting to smuggle components for uranium enrichment to Libya between 1999 and 2002, a plot uncovered as a result of close collaboration between South African, British and U.S. intelligence agencies. he prosecution sought an order limiting the public’s access to the proceedings relating to several of the charges, arguing that releasing information about the technology used to manufacture weapons of mass destruction could compromise national security. Various media organisations opposed the application, emphasising the public interest involved in remaining informed on a matter concerning South Africa’s non-proliferation undertakings. While the media organisations acknowledged that prohibiting both the public’s and the media’s access to trials could be warranted where the disclosure of information could trigger imminent threats to health and safety, they saw no such threat here. he organisations also found little comfort in the fact that the State’s application did not cover the related charges of fraud and forgery, noting that it would be impossible for the media to make sense of those charges out of context. On 15 May, the Pretoria High Court dismissed the State’s application, holding that it was in the public interest to have an World Press Freedom Review open court hearing. FXI hailed the judgment as a decision upholding the rights of the media and entrusting it with the responsibility to deal professionally with the sensitive information likely to be addressed at trial. In another encouraging decision, in May the Supreme Court of Appeal concluded that eTV had a right to broadcast a documentary without first submitting it to the State for “pre-screening”, as requested by the Directorate of Public Prosecutions (DPP). he court held that the DPP “may not require the press to demonstrate that it will act lawfully as a precondition to the exercise of the freedom to publish.” Another impediment to free speech was identified by MISA’s annual report, which pinpointed the lack of caps on amounts recoverable by plaintiffs under the country’s civil defamation laws as an effective tool for inhibiting investigative reporting, rivalling even criminal defamation due to the exorbitant legal costs often involved in such litigation he news regarding a bill amending South Africa’s Film and Publications Act, which regulates films and publications by censorship, was also partly positive. he original text of the Act exempted the news media from its provisions, but a proposed amendment included language changing this, meaning both print and broadcast media would be subjected to the dictates of the Film and Publications Board, a censorship body. he bill was first introduced in 2006 but postponed in October of that year in response to heated criticisms both local and international. By late May of this year, the Parliamentary Portfolio Committee on Home Affairs reinserted the exemptions for the media into the controversial bill. he news was not exclusively positive, however, with FXI noting that serious issues remained that impacted negatively on freedom of expression beyond the media, in that the bill required any person (other 2007 than newspaper publishers) intending to distribute a publication containing visual presentations, descriptions or representations of sexual conduct, propaganda for war, incitement to imminent violence or hate speech, to submit the publication for classification. In other words, the work of artists, writers and academics would be subjected to pre-publication censorship, with the failure to submit materials risking criminal penalties. In imposing this classification requirement for publications, the amendments would do away with the distinction between films and publications recognized in the Film and Publications Act, which subjected films to tighter regulation than publications. Publications were classified only if someone complained about them. Press freedom organisations also expressed concern regarding the bill’s potential to impede political activism, noting that pamphlets, petitions and newsletters produced by community organisations could run afoul of the bill. In June, Cape Town hosted the annual gathering of the World Association of Newspapers (WAN), an event drawing about 1,600 participants from 109 countries, including publishers, CEOs, editors and other senior newspaper executives. Panelist discussions addressed the growing influence of advertising on press freedom, and the correlation between lack of press freedom and impediment to development in Africa Another impediment to free speech was identified by MISA’s annual report, which pinpointed the lack of caps on amounts recoverable by plaintiffs under the country’s civil defamation laws as an effective tool for inhibiting investigative reporting, rivalling even criminal defamation due to the exorbitant legal costs often involved in such litigation. MISA noted a significant increase in civil violations, triggered largely by the high-profile trial involving ANC Deputy President Jacob Zuma, further described below. South Africa’s laws did, however, also receive at least partly positive recognition from press freedom organisations, for being one of only three African nations to have adopted freedom of information laws. Disappointingly, according to “Transparency & Silence”, a comparative survey completed by the Open Society Justice Initiative on information laws and practices, based on an analysis of requests filed in 14 countries, 2007 World Press Freedom Review 59 Swaziland concluded that, even where information laws exist, government’s commonly fail to provide information. he report indicated that 47 per cent of requests received no response, with South Africa being amongst the particularly poor performers. In a positive outcome, on 19 September, Cape Town’s High Court dismissed FirstRandBank’s application for a pre-publication interdict prohibiting Noseweek, a satirical monthly, from publishing certain details in follow-up to an earlier article outlining an allegedly fraudulent tax scheme involving questionable share purchases in offshore companies by the bank’s clients. Press freedom organisations welcomed the decision, which denied FirstRand’s attempt to hinder Noseweek from publishing the names of the clients implicated in the scheme, particularly in light of the information’s great importance to the public interest. he year also brought several positive distinctions for South Africa’s journalistic community, with three of its members winning prestigious international awards. In April, Raymond Louw, with the Rand Daily Mail newspaper from 1966 to 1977, and an IPI Fellow in 1994, won the 2006 Mondi Shanduka Lifetime Achievement Award, given by Mondi Shanduka Newsprint and the Newspaper Association of South Africa. Louw, now part of the South African chapter of the MISA, is an active opponent of insult laws in African countries that impose criminal penalties for criticism of their governments and leaders. MISA’s John Manyarara Investigative Journalist of the Year Award was awarded to Jessica Pitchford of the SABC’s special assignment team, for a story on how easy it is to buy illegal guns in South Africa. Finally, Jonathan Shapiro, a Cape Townbased cartoonist, was selected for the 2007 Courage in Editorial Cartooning Award. Later in the year, several incidents of physical harassment of photographers by police officers suggested the emergence of a problematic pattern. On 16 October, the Johannesburg metro police ticketed and towed illegally parked vehicles belonging to the police service’s Crime Intelligence Unit, triggering a heated argument between the two parties. Matthews Baloyi, photographer for he Star, took pictures of the scene, and was immediately insulted by a police officer, who then grabbed him by the neck and pulled him across the road. he police officer seized his camera and dropped it on the pavement before confiscating the equipment. In the meantime, photographer Chris Collingridge was arrested for taking down the registration number of a private car used by a police officer. He was later released. he incident followed earlier reports of police officers obstructing photographers from the Mail & Guardian and Die Burger, who were manhandled while trying to take pictures of a demonstration by residents of a settle● ment outside Cape Town. I n late November of 2006, the Media Institute of Southern Africa (MISA) noted with concern a pattern of lawsuits against the media in Swaziland, particularly the Times, the country’s only independent newspaper. he organisation indicated that the legal proceedings were having a noticeable effect on the country’s journalistic standards, with the media increasingly focusing on stories involving sex and murder instead of political commentary and investigative pieces. he concern appeared well founded, with developments this past year demonstrating a continued eagerness by both private and public figures to use judicial procedures for purposes of stifling critical reporting. In late 2006, the Media Institute of Southern Africa (MISA) indicated that the legal proceedings were having a noticeable effect on the country’s journalistic standards. he concern appeared well founded, with developments this past year demonstrating a continued eagerness by both private and public figures to use judicial procedures for purposes of stifling critical reporting he remedy of choice continued to be criminal defamation lawsuits. In April, MISA’s annual publication, “So this is Democracy? State of the Media in Southern Africa”, which records incidents of media freedom violations monitored in the previous year, identified Swaziland as one of six African nations with a particularly high number of such cases. In March, the High Court of Swaziland dismissed a US$100,000 defamation lawsuit against the Times of Swaziland newspaper for citing the wrong parties. he suit, filed by hemba Msibi, the Minister for Education, was sparked by a November 2004 editorial. he court concluded that the wrong people were cited in the particulars of claim and therefore dismissed the case with costs. However, the minister’s attorney immediately announced his intent to file new papers. 60 In June, businessman Kareem Ashraff sued the privately owned Nation magazine for defamation, after a November 2005 article published therein claimed that his company, which supplies goods to the Swaziland Defence Force, was “milking” the government. he article was based on an earlier government report identifying a number of local companies, including Ashraff’s, of inflating invoices and engaging in other corrupt practices. Ashraff ’s suit sought approximately US$750,000. In mid-June, Ashraff filed supplementary papers in the case, prompting a request for a postponement by counsel for the Nation, regarding which the Swaziland High Court reserved judgment. In July, Marwick Khumalo, a parliament member and former journalist, sued Bheki Makhubu, editor of Nation magazine, for approx. US$500,000, alleging defamation. Makhubu’s offending article, published in the magazine’s June edition, claimed that Khumalo and two of his business associates, including a Cabinet Minister, attempted to obtain a government pharmaceutical tender through corrupt means. he tender for the supply of drugs to government hospitals and clinics was eventually suspended, resulting in drastic consequences for the government, with hospitals and clinics unable to provide drugs to their patients. A resulting parliamentary probe identified Khumalo as one of those responsible for the crisis. Makhubu’s article criticised Khumalo and his business associates for their alleged corrupt behaviour, and even dared them to sue him for his opinion. he case is yet to be heard in court. Defamation lawsuits were not the only judicial remedy used to interfere with the media in Swaziland. In June, Njabulo Mabuza, the Minister for Health and Social Welfare, simply banned the media from entering Swaziland’s biggest hospital, after various publications published exposés alleging that a pattern of staff negligence and drug shortages resulted in the death of a young girl. Similar accusations had been published in the past, prompting Mabuza, a week earlier, to issue a government memo to the hospital administration, instructing the same to deny media access to the hospital premises without his permission. On 23 June, Albert Masango, a photographer for the Times of Swaziland, was denied access to the hospital pursuant to World Press Freedom Review the ban. Security personnel pulled Masango out of the premises and carried him out to the gate, telling him that a new law required journalists to obtain permission from the minister or his principal secretary. he Minister later confirmed the new order. While he promised to issue a letter providing the Times access to the hospital, MISA learned that the government had also banned hospital staff from talking to the media about anything at the hospital. Media organisations including MISA Swaziland soon announced their intention to meet the minister to protest the ban. Swaziland’s media was this year also confronted with a more surprising source of harassment. On 2 March, Justice Dlamini, a controversial church pastor, declared during a sermon that he was praying for the death of two journalists, Times of Swaziland managing editor Martin Dlamini and reporter Nhlanhla Mathunjwa, several days after the publication of a story detailing a squabble between the pastor and one of his subordinates over a church vehicle. Dlamini, who insisted the story “lowered his dignity,” said he had prayed to God to remove the two journalists from the face of the earth “to teach the media a lesson,” adding that this would also be a lesson to other journalists tempted to write “badly” about church ministers. he remarks triggered widespread condemnation, including from Cabinet Ministers present at the sermon, a Times editorial on the matter, and a public statement by MISA Swaziland, emphasising that such threats undermined the principle of freedom of expression and calling on Dlamini to follow more appropriate channels for addressing his gripes against journalists. Swaziland’s journalistic community also received some favourable attention, with the Index on Censorship, an organisation that issues annual awards to those who use journalism, literature, whistleblowing, films or campaigns to defend freedom of expression, selecting Swazilad’s Siphiwe Hlophe for the campaigning award, based on her work on behalf of HIV-infected women. Similarly, the ultimate outcome of a parliamentary-initiated investigation suggested that there is room for positive developments. On 4 July, members of parliament passed a resolution to probe Mbongeni Mbingo, editor of Times of Swaziland, for an article of his that discussed an alleged decision by the Cabinet and the Swazi 2007 National Council Standing Committee (SNCSC) to secretly amend certain provisions of the country’s Constitution, without informing its citizens and without following the applicable legal requirements. he article questioned the Speaker’s decision to block a motion by a parliamentarian seeking to challenge the amendment plans. he House responded by appointing a five-member Select Committee to investigate the editor and his publication for alleged contempt of parliament, which carries a maximum jail term of two years or a fine of about US$600. However, on 10 October 2007, Mbingo was cleared of the contempt charges. he Select Committee concluded that the editor did not in any way abuse freedom of the press, but instead was legitimately expressing his journalistic opinion, protected by the country’s Bill of Rights. During its investigation, the Select Committee summoned MISA Swaziland, which spoke on Mbingo’s right to express his opinions. he organisation expressed delight with the committee’s conclusion, noting that its “advocacy agenda, as well as our resolve to educate the members of Parliament on freedom of expression, is bearing fruits.” MISA also appealed to the House to commit to several specific statutory reforms, including the enactment of legislation to enable live broadcasting and telecasting of House and Committee debates and proceedings and repealing the provisions of the parliament’s so-called “Standing Order”, which addresses punishment by the entity for breaches of privilege and con● tempt. 2007 World Press Freedom Review 61 Tanzania M uch of the news coming from Tanzania, a country which generally benefits from a diverse media community that can, and does, express critical views, involved the government’s consideration of several laws impacting the media. In particular, discussions focused on an omnibus media law first announced by President Jakaya M. Kikwete in October of 2006. he proposed legislation had not passed by the end of 2007, but input by various actors highlighted its strengths and weaknesses. In a much welcomed development, the President’s announcement regarding the planned omnibus law indicated that it would include provisions guaranteeing access to information held by public institutions. Media organisations had been pressing for such a law since 2001, but the issue did not gain ground until mid-2006, when members of parliament began openly acknowledging a need to protect journalists who collect and disseminate information as part of their professional duties. However, Kiwete’s 2006 statement was measured in tone, insisting that, “[g]iving out information does not necessarily need a law. It is a matter of personal commitment by those holding the information being requested.” Kiwete explained that some public officials had developed a sense of distrust towards journalists due to past misrepresentations of facts obtained from them. Nonetheless, he stated that the government was in the process of consulting with media groups on the proposed legislation, and that the bill, dubbed the Right to Information Bill 2007, would be presented for discussion by the National Assembly around mid-2007. While enactment of the bill progressed somewhat more slowly that anticipated, discussions of the measure continued throughout the year. In November, the Coalition on the Freedom of Information, a stakeholders’ group consisting of members of the country’s media and legal communities, forwarded proposed language for the Right to Information Bill 2007 to Habib Nyundo, Deputy Director of Information Services, who expressed hope that the proposals would be considered and a final presented to parliament before the end of the year. he proposal included a call to lawmakers to recognise that information is a human right, and to create a Commission for Information, which would have quasijudicial powers and would work towards making sure that information reaches people. It also envisioned the possibility of filing appeals with the High Court and Court of Appeal. he stakeholders further sought the establishment of an Information Stakeholders’ Forum, a watchdog of sorts that would have observer status at the Commission to ensure that the stakeholders’ interests are respected and to provide reports on the Commission’s work to parliament. Coalition Chairman Anthony Ngaiza said the proposals aimed to minimise secrecy and bureaucracy, and to make information held by public and private entities universally accessible. Reactions to the initially circulated draft of the omnibus media law, presented as the Media Services Bill in early 2007, were more cautionary. he bill was lauded as including several positive aspects, including a much-welcomed proposed new defamation regime and provisions on the protection of journalists’ confidential sources. However, organisations such as Article 19 identified several of its provisions as unduly restrictive. hese included a proposed licensing regime for all journalists, which would require all journalists to hold certain professional or academic qualifications, and to be licensed by a central body; as well as a proposed registration regime for the media, characterised as unnecessary given that most mass media are already registered under Tanzanian company law. In the meantime, a particular provision of a separate law, the Prevention of Corruption and Combating Act of 2007, which became operational in late 2007, also sparked some concern. he Coalition for Advocacy for Freedom of Information and Expression, which consists of members of various media organisations and Tanzania’s legal community, pinpointed section 37(1) of the Act as an unacceptable threat to freedom of the press. hat provision prevents the media and individuals from reporting alleged offences under investigation by the Prevention and Combating of Corruption Bureau (PCCB). he Coalition noted that sources would be less likely to provide information if threatened with possible repercussions under the law. It further noted that members of parliament were also prohibited from discussing corruption suspects, which it deemed “a bad indicator to good governance, democracy and human rights,” given that public awareness of incidents of corruption help spur government to take action in the matter. he Coalition also critiqued the Act’s failure to specify procedures that are to be followed after officials of the Prevention and Combating of Corruption Bureau make public cases or names of people under investigation. Prohibiting PCCB officials from disclosing the names of those under investigation would be preferable to imposing those restrictions on the media, the Coalition commented, as doing otherwise “defeated the whole concept of investigative journalism,” and threatened the efficacy of the country’s anti-corruption efforts. Disappointingly, progress on the remaining proposed media regulations appeared to stall towards the end of the year. In late December, Muhammed Seif Khatib, the country’s Minister for Information, Culture and Sports, announced that neither the Media Services Bill nor the Right to Information Bill would be presented for enactment in the upcoming parliamentary session, indicating that both drafts ● required further consideration. World Press Freedom Review 62 2007 Uganda Y oweri Museveni, Uganda’s president since 1986, is generally credited with bringing much-needed reform to the nation. Uganda, along with South Africa and Angola, is one of only three nations with a freedom of information law. he country’s media scene includes multiple private radio and TV stations. However, government meddling with broadcasters has been an issue in the past, and continued to cause concern in 2007. In early February, the Broadcasting Council (BC), a state-run media regulatory body, shut down the private Nation Television (NTV) channel, claiming that certain transmission equipment did not conform to technical standards. he state regulator stated that NTV’s equipment was overloading a mast where several broadcasters rent space, potentially endangering equipment owned by the Uganda Broadcasting Corporation (UBC), and so confiscated two receivers owned by the company. Nineteen days after the shutdown, some members of parliament called on the government to permit the broadcaster to resume operations. he management of NTV, said in the meantime that they received no seizure note before the shutdown, a violation of the country’s Electronic Media Act, and that regulators approved their mast in the past, leaving the impression of harassment based on a hidden agenda against the station. In mid-March, international and local press freedom organizations called on the government to provide more protection to journalists covering judicial proceedings and demonstrations involving political opposition groups, who were often subjected to police harassment while trying to perform their work. Uganda Journalist Association (UJA) President Ahmed Kateregga identified the trial of suspected members of the Peoples Redemption Army (PRA), a rebel group, as a particularly troubling example, stating that the harassment “has made covering it a nightmare for journalists.” Journalists have been repeatedly “roughed up” and their cameras destroyed. he pattern prompted UJA Secretary General Stephen Ouma Bwire to tell Information Minister Kivejinja that journalists would begin boycotting government events if their safety could not be guaranteed. Minister Kivejinja responding by urging the police to stop the harassment, noting that the two groups should be working together as “partners in development.” In late August, on-air discussions of homosexuality resulted in a one-week suspension of the presenter of Capital FM, a popular radio station. According to the UBC, Gaetano Kaggwa violated “minimum broadcasting standards” when he hosted a gay activist who used what the council deemed “unacceptable language.” he show also included two co-presenters who spoke out against homosexuality, while Kaggwa noted that he had “no problem with it.” The suspension followed the publication, in early August, of an unusually frank newspaper article addressing gay rights organisations, generally considered taboo in a nation with laws that prohibit homosexuality as an “unnatural offence,” with potential penalties including life imprisonment. he article prompted gay rights activist to speak out at a Kampala news conference, in turn leading to church demonstrations against both the activists and the newspaper. After Capital FM picked the controversy for its program, the council informed the station during a meeting on 28 August that Kaggwa was suspended until 4 September, explaining that the action was meant to “protect” the public. His possible reinstatement was to be reassessed on that day. Kenya-based IFEX member the Media Institute deplored the incident as an effort to silence debate on the topic of homosexuality, particularly before the November Commonwealth Heads of State Meeting in Kampala. In October, Bernard Tabaire, managing editor of the Monitor’s Weekend Edition, Sunday Editor Henry Ochieng and Chris Obore, a journalist for the private newspaper, were charged with sedition one day after publishing an article stating that approximately 40 serving soldiers were secretly trained as policemen in order to impose military control over the police force, which is generally considered to consist of opponents of the president. he story included comments of the Army’s Chief of Staff, the Army’s Chief of Personal and Administration, and a police commissioner, who denied the information or said they were unaware of such activity. he three men were released on bail after they were charged, and their court hearing was due to resume within a few days. he journalists’ lawyer, James Nangwala, indicated that the police feared the article would lead to friction between the two entities. Also in October, Life FM, a private radio station in southwest Uganda was knocked off air for several days when two armed men suddenly appeared at a facility housing five television and radio masts, and poured acid on the radio station’s transmitter. Local journalists believe the attack was carried out in retaliation for a late night programme featuring a panel of local civic leaders critical of government services in the area, especially in comparison to those provided in President Museveni’s home region. he programme began airing on Life FM in late September, after a rival station dropped it in response to a meeting with local security officials. Life FM’s manager publicly accused local ruling party chairman Godfrey Nyakahuma of warning the station to drop the program. Nyakahuma was recently quoted as saying that he would not “sit and watch as someone uses the media to smear” the ruling National Resistance Movement party. No other station’s equipment was damaged during the incident, and the station was able to resume broadcasting after five days ● by using a leased transmitter. 2007 World Press Freedom Review 63 Zambia L ast year had ended on a contentious note, with then Minister of Information and Broadcasting Services Vernon Johnson Mwaanga using his first speech in parliament to threaten to withdraw radio and television licences from stations that failed to abide by the country’s law on broadcasting. Mwaanga also claimed that the government was committed to the expansion of radio coverage by the Zambia National Broadcasting Corporation (ZNBC), as well as to the establishment of private stations. However, relations between the government and the media remained rocky throughout the year. In the legal realm, efforts to loosen the state’s control over the media yielded little progress. he laws included the ZNBC Amendment Act of 2002, which provides for the creation of an independent board to run ZNBC, and was meant to transform the state-owned broadcaster into a publicservice broadcaster; and the Independent Broadcasting Authority (IBA) Act, which aims to end the Minister of Information and Broadcasting Service’s regulatory powers over broadcasting in the nation. However, enactment of the proposals stalled while the Supreme Court evaluated the legislation with regard to the exact role of the minister under the two statutes. In the meantime, on 30 March, officers from the Anti-Corruption Commission (ACC) conducted a four-hour search of the office of Radio Mano, a community radio station in northern Zambia. Station manager David Chanda and ACC Public Relations Manager Timothy Moono provided partially conflicting accounts of the details of the search. According to Chanda, the ACC officers produced a search warrant, but it did not state exactly what they were looking for, with officers deeming the search a “classified investigation.” He also stated that the Radio Mano staff was confined to one room during the search. Chanda added that the officers took the radio station’s chequebook, some documents and files, as well as his personal diary. He acknowledged that the station did not go off air during the search, but noted that staff did not report for work the next day for fear of being again confined. As for possible motives, Chanda posited that the organisation could be investigating an individual regarding possible corruption, or the station as a whole. A press statement issued by the ACC indicated that the search was part of an investigation into a complaint against a senior staff member. Moono insisted that staff members were not confined to just one room during the search, and claimed that the search was limited to specific offices, from which only items relevant to the investigations were seized and taken to ACC offices. On 17 May, Information and Broadcasting Services Minister Mike Mlongoti, who replaced Mwaanga in April, threatened to revoke an operating license for Petauke Explorers, a local commercial radio station in eastern Zambia, after featuring Michael Sata of the opposition Patriotic Front (PF), a close contender in last year’s tripartite elections, in an one-hour interview. he interview aired while many political parties were in the area, campaigning for a seat vacant after another candidate’s victory was nullified. Victor Msadabwe, the station’s manager, stated that other parties, including the ruling Movement for Multiparty Democracy (MMD) were offered air-time, but the latter failed to respond to the offer. On 28 May, Mlongoti denied the allegations, insisting that he phoned the proprietor in connection with a complaint by a local resident, claiming Sata was insulting during the interview. Mlongoti said the proprietor expressed regret about the incident and informed him that he had since suspended the station manager. On 19 July 2007, police prevented QFM, a private radio station, from mounting their Outside Broadcasting (OB) equipment to cover live a demonstration in Lusaka, which protested the particular procedure through which parliament planned to adopt the Constitution. he police claimed that the organiser’s application for a permit did not indicate that an OB unit, which is necessary for live coverage, would be used at the event. Instead, reporter Mutuna Chanda was forced to cover the event by using his cell phone. Assan Nyama, the radio station’s managing director, criticised as “illogical” the police’s reasoning, and challenged it to pinpoint the law that purportedly required demonstration organisers to address the possibility of live media coverage in their permit applications. Live broadcasts by Q-FM radio have been a contentious issue in the past, with police attempting to limit such coverage during the run-up to the September 2006 general elections. Also in July, security personnel interfered when journalists attempted to cover the departure of Djibouti’s President Ismail Guelleh at Livingstone International Airport. Edward Mulenga, a bureau chief of the Times of Zambia newspaper, and other journalists, were ordered to stop taking pictures of the airplane. he security personnel also threatened to confiscate Mulenga’s camera, but did not follow up on the threat after he assured them he would delete the photographs. Mulenga added that he was able to reason with the officers, explaining that he was just trying to do his job. he incident prompted the Media Institute of Southern Africa (MISA) Zambia to comment that, while it was understandable for security to be tight in the presence of a foreign president, as long as journalists identified themselves and respected erected security barriers, there was no reason to prevent them from exercising their professional duties. Mulongoti caused a stir when he told trainee journalists at he Post newspaper that it would be “unacceptable” for journalists working for public media to criticise the government In September, Mulongoti caused a stir when he told trainee journalists at he Post newspaper that it would be “unacceptable” for journalists working for public media to criticise the government. He was quoted as saying, “Journalists at the Times and the Daily also have wives and children; they have jobs to protect, don’t forget that. Before they write anything against me, they will ask themselves: ‘What will the minister do? Will I be in the office tomorrow?’” Mulongoti claimed he had never given explicit directions to the managing editors of either the state-owned Daily Mail or Times of Zambia, but openly stated that he expected the publications to show “self-restraint” in the stories they publish. Fr. Frank Bwalya, chairperson of MISA Zambia, criticized the remarks as reminiscent of earlier times, and out of touch with Zambia’s current multiparty democracy. ● World Press Freedom Review 64 2007 Zimbabwe Death watch country (1) P resident Robert Mugabe and his ruling Zimbabwe African National Union Patriotic Front (ZANU-PF) continued to harass and suppress the local media, and extended this harassment to foreign correspondents, non-governmental organizations and human rights lawyers. hough there was some talk of change, restrictive laws stayed in place. Regulatory schemes governing licensing proved a particularly useful tool for purposes of meddling with journalists at odds with the government, many of whose colleagues have been opting to leave the country. While a handful of private newspapers have remained in circulation in Zimbabwe, all broadcasters transmitting from within the country are state-controlled, with the Zimbabwe Broadcasting Corporation (ZBC) running all TV and radio stations. No licenses have been issued to private broadcasters since 2001, when the Broadcasting Authority of Zimbabwe (BAZ) was established. Increasingly, Zimbabweans have therefore started relying on broadcasts coming from outside the country for unbiased coverage. Overseas based operations targeting a Zimbabwean audience have been on the rise, and include he Voice of the People, set up by former ZBC staff members in Madagascar and supported by donors such as the Soros Foundation, the UK-based SW Radio Africa and the United States governmentfunded Voice of America (VOA), which runs a program, Studio 7, aimed at a Zimbabwean audience. Increasingly, Zimbabweans have therefore started relying on broadcasts coming from outside the country for unbiased coverage he government has branded many of these foreign broadcasts as “hostile” and has continuously jammed them. In fact, in late February, Bright Matonga, Deputy Minister of Information and Publicity, openly acknowledged during a parliamentary session that the government was jamming broadcasts by Studio 7, which carries programmes by Zimbabwean journalists based in Washington, DC, and reaches Zimbabwean audiences by way of short and medium wave. Matonga claimed that doing so was necessary to protect Zimbabwe’s sovereignty. he station was said to have particularly irked the Zimbabwean government with reports claiming that it had turned to Angolan paramilitary troops to bolster the president’s security forces. SW Radio Africa had experienced similar interference, prompting it to communicate headline news by way of text messages sent to mobile phone owners in the country. In late March, the government also lashed out at the foreign printed press, issuing a press release accusing several foreign correspondents of bias, and warning that this could force the government to “act against them.” he statement singled out two correspondents, Jan Raath of he Times of London and Peta hornycroft of Britain’s Daily Telegraph, for criticism. In a particularly disturbing threat, the government also targeted non-governmental organizations (NGOs) operating in the country, announcing on television that it intended to revoke all granted NGO licenses in order to identify those working towards a regime change. Article 19 criticised the threatened blanket revocation as a violation of the African Charter on Human and People’s Rights, which guarantees freedom of expression and assembly. It also emphasised the drastic humanitarian consequences of such a move, noting that many NGOs stationed in the country provided vital humanitarian assistance to everyday Zimbabweans, including food aid and housing. In the meantime, a regulatory regime outlined in the notorious Access to Information and Protection of Privacy Act (AIPPA), in place since 2002, facilitated harassment of local journalists. Under the law, the Media and Information Commission (MIC) is responsible for issuing required licenses, which last for two years for newspapers and for one year for individual journalists. Journalists who work without a licence face imprisonment of up to two years, rendering particular urgency to pending applications. Not surprisingly, delaying application approvals therefore proved a common tactic, with individual publications wary of speaking up on the matter whilst their applications were still pending. For example, Nunurayi Jena, a freelance journalist, submitted his renewal applica- tion before the end of 2006. In late February, he was told that the MIC needed time to scrutinise his file more closely, as his earlier accreditation had allegedly involved fraud. In the meantime, as of 28 February, the Financial Gazette, a weekly, was still waiting for its two-year operating license, which had expired at the end of the previous year. Reports indicated that the publication had to first identify its owner, believed to be Reserve Bank Governor Dr. Gideon Gono. he government has branded many of these foreign broadcasts as “hostile” and has continuously jammed them By mid-March, the publication’s unpopularity with the government implicated Sunsley Chamunorwa, its editor. CEO Jacob Chisese suspended Chamunorwa soon after the publication ran a story suggesting Zanu-PF officials hired certain companies for maintaining airport security with hopes of smuggling minerals through the airport. Local sources insisted that the incident was abused for purposes of forcing the outspoken editor out of his position. heir concerns appeared justified, with the Central Intelligence Organisation (CIO) having criticised the publication’s editorial line as favouring the Movement for Democratic Change (MDC), the country’s main opposition party, and presidential spokesman George Charamba earlier authoring a column in a governmental daily directly warning the editor about his writings. hose that chose to work without the requisite licenses subjected themselves to the constant risk of prosecution, which often involved the filing of several additional charges. In late February, a group of journalists covering illegal diamond mining in the Mutare region were arrested and criminally prosecuted for their reporting efforts. Peter Moyo, a reporter for the South Africa-based E-TV, was fined about 178 USD for practicing journalism without the accreditation required by Section 83 (1) of the AIPPA. Trymore Zvidzai, a journalist for the ZBC, who was arrested along with Moyo, was convicted of, and fined for, the same offence. It was the first – but certainly not last – time that journalists were convicted for working without the required MIC accreditation. 2007 World Press Freedom Review Andrew Neshamba and William Gumbo, ZBC Manicaland bureau chief and cameraman, respectively, were also arrested. hey were found to hold video equipment for purposes of covering illegal mining activities, and were subsequently charged with violating section 174 (1) of the Criminal Law (Codification and Reform) Act, which addresses the criminal abuse of duty by public officers. he charges carry a maximum prison term of 15 years and a “level 13” fine, which is the second highest category of possible fines. he two men were subsequently suspended without pay, and had their media accreditation revoked. Neshamba was scheduled to appear in court in mid-May, while Gumbo went into hiding. In the meantime, Bright Chibvuri, editor of the Worker magazine, was charged with practicing journalism without accreditation in early March, detained for two days and scheduled for trial. he editor had applied for, but not yet received, his accreditation from the MIC, and received his accreditation thereafter. In the meantime, his trial was postponed to 29 August. A regulatory regime outlined in the notorious Access to Information and Protection of Privacy Act (AIPPA), in place since 2002, facilitated harassment of local journalists In early April, Gift Phiri, a reporter for the London-based the Zimbabwean, was arrested in Harare and detained for four days. Phiri’s relationship with authorities had often been contentious, with his writings including, for example, the publication of a list of state security agents involved in violence against opposition supporters. Following his arrest, Phiri was assaulted by several police officers throughout his detention, and initially accused of being involved in recent Harare police station bombings. He was finally presented to a judge on 5 April, and charged with practicing journalism without the requisite accreditation, as well as with “publishing false news.” He was released on bail, and his trial scheduled for 25 April. His lawyer indicated that Phiri was forced to sign a confession regarding the allegations during his detention. Reports further indicated that Phiri was so severely beaten that he was immediately hospitalized after his release, and that he was unable to leave the hospital for five days. he charge alleging publication of false news was dropped in July, but proceedings continued regarding the charge of practicing journalism without official accreditation. On 30 August, that charge was also dropped. An investigation into torture allegations, announced after Phiri’s release from detention, apparently never transpired. In the meantime, a killing and a shooting incident reminded the media that legal prosecution was by no means the only danger they faced for refusing to tow the government line. On 31 March, the dead body of Edward Chikombo was found outside of Harare, several days after he was abducted from his home by a group of armed men. Chikombo, a cameraman for the ZBC, was believed to have been targeted for being involved in providing foreign news services with footage of security services members attacking political opponents. Even Zimbabwean journalists living outside of the country proved vulnerable. On 23 July, Abel Mutsakani, the former managing editor of the now-defunct Daily News, and current editor of the Johannesburg-based ZimOnline, was shot at by three unidentified gunmen outside of his South African home. Mutsakani, who sustained injuries to his lung and elbow, was reported to be in serious but stable condition soon after the attack. While the motives for the attack were not immediately clear, reports indicated that one of the men fired directly at the editor, and that the assailants did not take any of his possessions before fleeing the scene. Johannesburg police opened an attempted murder docket on the case. Such incidents made it difficult to take several threats lightly, both individual and collective, which were voiced throughout the year. In late January, Bill Saidi, editor of the Standard, a private newspaper, received a threatening letter accompanied by a single bullet and a copy of a cartoon, published in the paper a few days earlier, which poked fun at the notoriously low salaries earned by soldiers of the country’s national army. he Standard had earlier 65 also published stories addressing army desertions and resignations due to low pay and poor working conditions. Saidi did not know who could have sent the envelope, but commented that it symbolized just how low tolerance of critical journalism had become in the country. In late August, the Zimbabwean’s London office received a letter containing an alleged “death list” identifying 27 individuals supposedly targeted for execution by the Zimbabwe Intelligence Corps, in British journalist Bevan leaves the magistrates court on bail after being charged with covering Zimbabwe’s election without oficial accreditation in Harare. retaliation for prejudicing the state with their publications and communications. he list included Gift Phiri. In late September, circulation of a purported journalist blacklist caused concern. he list, which identified fifteen reporters and accused them of having ties to Western governments hostile to Mugabe’s regime, was said to have been leaked by the government, although it later denied the document’s authenticity. Apparently dated June 2007, it referred to the journalists as requiring “strict surveillance” in the period preceding the country’s March 2008 elections. Abel Mutsakani appeared first on the list, which also included Gift Phiri and Bill Saidi. All identified journalists worked 66 for private entities and were particularly known for their investigative reporting. Political opposition efforts were also repeatedly interfered with. On February 21, the government used two incidents of looting to justify imposing a blanket, three-month ban on demonstrations and political rallies in Harare, the maximum possible period permissible under section World Press Freedom Review On March 28, Luke Tamborinyoka, former editor of the now defunct the Daily News, was arrested during a police raid of opposition party MDC’s headquarters. Tamborinyoka, also the party’s press officer, was so severely beaten while in custody that he fainted in court during an appearance before a judge on 30 March. he judge ordered his immediate transfer to a 2007 was implicated in the incident after the newspaper published photographs of a visibly injured Mtetwa. Upon publication, Hungwe received a telephone call from the police, ordering him to turn himself in. he photographer immediately went into hiding. Even receiving email messages proved dangerous for Zimbabwe’s citizens, with Tendai Murove convicted of violating the Censorship and Entertainment Control Act for possessing a six-page letter that included critical and cheeky references to President Mugabe and his economic policies. Murove was sentenced to a fine of around US$33 or seven days’ imprisonment for the offence. A killing and a shooting incident reminded the media that legal prosecution was by no means the only danger they faced for refusing to tow the government line Human rights activists hold placards condemning Robert Mugabe’s controversial land reforms. STR New / Reuters 27 of the Public Order and Security Act (POSA). he ban was imposed three days after a rally, organized by the opposition MDC and sanctioned by High Court order, resulted in violent clashes with police. Not surprisingly, journalists participating in, or merely covering, political events subjected themselves to serious harassment. On 11 March, police restricted access to a national day of prayer, organised as part of the Save Zimbabwe Campaign. hey also arrested opposition activists present at the gathering, and two journalists employed by the Associated Press – photographer Tsvangirai Mukwazhi and television producer Tendai Musiyu. he journalists and opposition activists were released from custody on 14 March, having briefly appeared in court the night before. Reports indicated that police initially ignored several High Court orders giving lawyers and medical practitioners access to the detainees, several of whom were visibly injured after their detention. hospital. Tamborinyoka remained in custody for almost two full months thereafter, and was finally released on 21 May. Human rights lawyers were not spared from the violence. In early May, a group of four lawyers who had participated in a protest outside of the High Court in Harare were shoved into a police truck, taken to the city’s outskirts, forced to lie face down, and beaten with rubber clubs by several officers. he group of lawyers included Beatrice Mtetwa, president of Zimbabwe’s Law Society, prominent advocate for journalists and recipient of CPJ’s 2005 International Press Freedom Award. She was treated at a local hospital for bruises covering her back, arms and legs after the incident. She and the three other lawyers, Chris Mhike, Colin Kuhini and Terence Fitzpatrick, had participated in a gathering challenging the government’s treatment of opposition officials and their attorneys. Although the gathering occurred during the three-month demonstration ban imposed by the police in February, Mtetwa maintained that it was lawful, given that police were notified of it one day earlier. A few weeks later, Boldwill Hungwe, a news photographer for the Standard, he government’s harassment of those who dared criticise the regime also included efforts to strip Trevor Ncube, publisher of the privately owned Zimbabwe Independent and Zimbabwe Standard, of his Zimbabwean citizenship. Ncube never held a non-Zimbabwean passport. However, the government maintained that the fact that his father was born in Zambia required him to renounce Zambian citizenship, and that his failure to do so, in turn, triggered the loss of his Zimbabwean citizenship. Nucbe challenged that claim, and took his challenge to the High Court in early 2007, seeking an order compelling the government to renew his passport application. He is no stranger to harassment, with the CIO previously confiscating his passport in 2005. Developments in the legal realm included the introduction of problematic new legislation and half-hearted declarations of intent to change existing, widely criticized laws. In June, the House of Assembly passed a controversial bill, dubbed the “spying bill”, first introduced to parliament almost one year earlier. he Interception of Communications Bill obligated Internet service providers to install equipment permitting several arms of the government, including leaders of the CIO and the police, to intercept telephone and email communications 2007 World Press Freedom Review by way of a monitoring centre. he law also authorised the Chief of Defence Intelligence, the Director-General of the CIO, the Commissioner of Police, the Commissioner General of the Zimbabwe Revenue Authority, or any of their nominees, to request interception warrants from the Minister of Transport and Communications. President Mugabe signed the bill into law on 3 August, but the statutory instrument necessary to render it operational was not immediately issued. A candid assessment of Zimbabwe’s existing laws may have prompted at least some change. In mid-September, the BAZ indicated that the strict requirements embodied in the Broadcasting Services Act (BSA) had prevented it from licensing a single new private broadcaster. More specifically, a BAZ executive explained that the law’s ban on foreign ownership and funding, and its tight limit on the number of licences for national free to air private broadcasters gave the entity particularly little leeway. In addition, the executive noted that the law permitted only one government-owned company, Transmedia, to own frequency transmitters, and required all new players to essentially join a waiting list to work with the company, which was of little use to them, as Transmedia was having difficulties providing services to even the small number of state-owned TV and radio stations. On 23 July, Abel Mutsakani, the former managing editor of the now-defunct Daily News, and current editor of the Johannesburgbased ZimOnline, was shot at by three unidentified gunmen outside of his South African home Also in September, Henry Muradzikwa, chief executive officer of Zimbabwe Broadcasting Holdings (ZBH), openly acknowledged in an appearance before the Parliamentary Portfolio Committee that the state-controlled broadcaster regularly encountered interference and censorship, particularly from provincial governors. In the meantime, journalists attempted to spur some change to the country’s regulatory environment by forming a separate and independent media council, but were discouraged from pursuing their initiative. Leo Mugabe, the president’s nephew and a Zanu-PF member, told a group of about 200 journalists looking to launch, early in the year, a new organisation aimed at encouraging professionalism and supervising possible ethical breaches, to “avoid confrontation” with the governmental MIC, and maintained that such an entity should be established by way of the AIPPA. Nonetheless, these developments seem to have spurred the announcement of some legal change. First, in a move dismissed as introducing a largely “cosmetic change”, the government announced, in mid-September, its intention to amend the much-maligned POSA, introduced in 2000 and since unevenly applied, largely to prohibit opposition party rallies. hen, towards the end of the year, the Zimbabwean government published proposed amendments to POSA as well as the AIPPA and the BSA. he bills envisioned reconstituting the MIC as the Zimbabwe Media Commission (ZMC), an entity that would aim to uphold press freedom and promote good practices. However, the new entity would continue to be in charge of registering media and accrediting journalists (which would remain necessary for legally engaging in journalistic activities), as well as of investigating complaints against them. Nonetheless, registration renewal requests could only be refused for reasons specified in the bill, if media services were convicted of “abuse of freedom of expression,” failed to inform the Commission of changes in their registered particulars, or failed to issue corrections of harmful, untruthful information published by them. It remains to be seen whether these changes will improve conditions for Zimbabwean journalists, who currently continue to work in one of the African continent’s absolute worst media environments. ● 67 World Press Freedom Review 194 2007 Repression Revisited MENA Whether imposed through a closure order for a printing press, a threatening phone call, or through the barrel of a gun, censorship limits the free flow of information Death Watch Region (44) C ensorship, in its many guises, is per vasive through the Middle East and North Africa, a region where acceptance of media diversity remains a chimera amidst political leaders who view the empowerment of their populations as a threat to their dominance and despotism. The free flow of information and the reforms it may spur challenge the rule of regimes that govern through oppression and an unwavering degree of intolerance toward opposition voices. Colonel Muammar Gaddafi marked his 38th year in power in 2007, having ruled the country, ranked among the lowest in the world for respect for human rights, since 1969. In Egypt, President Hosni Mubarek marked his 26th year in power in 2007, while in Tunisia, President Zine El Abidine Ben Ali celebrated his 20th anniversary as ruler. In Oman, Sultan Qaboos Bin Said Al Said, also the prime minister and foreign minister of the Gulf country, has been in power since 1970 while in neighbouring Yemen, President Ali Abdallah Saleh has ruled since 1978. The leadership of these longstanding rulers has not been characterised by policies of democratic vigour or openness. In some countries, constitutions have been bulldozed to facilitate claims to power while in others, like Egypt, where the leading opposition party of the Muslim Brotherhood has been deemed an illegal group, rule has been secured through stamping out the competition. The repressive policies of these heads of state have been adopted, and in some areas, expanded by other leaders in the region. In Iran, where nine journalists remain in prison at year’s end and the opposition press has all but been quashed through successive closure orders, Presi- dent Mahmoud Amadinejad has proven in his two and a half years of power that the news autocrats on the block can be just as effective as the more seasoned ones. In these and other Arab countries, censorship is employed as a method of media management. Journalists are intimidated through violent means, by abductions, beating and threats or through judicial harassment by court summonses, arrests, prolonged detention and exorbitant bail fines. In most cases the lack of an independent judiciary eases the way for rulers to co-opt state institutions in the campaign against the press. In the many instances where journalists have been held incommunicado for months at a time, often released without any charges being laid against them, the judiciary has acted as the main instigator. In countries like Oman and the United Arab Emirates, where few press freedom violations are reported, the absence indicates the solidified imposition of censorship policies more so than a respect for independent media practices. In Israel, where the media operate with a much greater degree of freedom than is experienced elsewhere in the region, worrying developments took place this year. Journalists began to report growing interference from state authorities, and the judiciary in particular, through the imposition of media bans on an increasing number of cases. These “creeping” campaigns against the press represent a more subtle threat than the devastating instances of journalist assassination and brutality that have been witnessed in the region this year, but their ominous presence should not be overlooked. Whether imposed through a closure order for a printing press, a 2007 World Press Freedom Review threatening phone call, or through the barrel of a gun, censorship limits the free flow of information and in so doing limits the ability of a society to evolve and improve its ability to meet the growing needs of its citizenry. In areas of the region that are torn apart from prolonged and violent conflict, such as in Iraq, the Palestinian Authority, Chad, and Sudan, heightened security concerns are manipulated by state authorities to limit critical reportage. In Yemen and Chad, authorities implemented media blackouts after journalists began to question the government’s handling of growing insurgency movements in those countries. In Chad, this blackout was accompanied by the imposition of prior censorship, which threatened the viability of many independent newspapers to continue publishing. In Sudan, authorities continue to limit coverage of the Darfur crisis through complex visa issuing processes that prevent foreign and local journalists from travelling to the troubled area. At the same time, officials refuse to speak candidly on the humanitarian crisis that has unfolded within its borders, often refusing to acknowledge the reports of international aid agencies working in the country. It is in Iraq and the Palestinian Authority, however, where ongoing conflict has given way to humanitarian crisis, and that working as a journalist carries the greatest cost. In both areas, the growing politicisation of the media aligns journalists along the divisions created by entrenched factional and ethnic cleavages. Journalists are being targeted for the news they report and the results have been devastating. In Iraq, 42 journalists were killed this year, all but one were Iraqi, and the vast majority were singled out for execution by armed militant groups. Journalists associated with U.S or U.K-based media agencies were at greatest risk of attack although the growing number of sporadic attacks indicates that few journalists, regardless of employer, can exercise their profession with any degree of safety. While close to 30 of those killed lost their lives in targeted shootings, eight journalists were killed in bomb attacks and two as the result of injuries sustained from violent beatings. One journalist was killed when caught in a helicopter attack initiated by U.S. forces. The culture of impunity that has characterized the murder of journalists each year since the beginning of the U.S.-led invasion of Iraq in 2003 continued in 2007. In other areas though, the Iraqi government has demonstrated alarmingly repressive tendencies in domains that are entirely within its control. A number of policies were instigated to limit journalists’ access to the crime scenes, or to limit discussion of insurgent attacks. In both situations, media bans undermine the ability of the media to serve the public by decreasing the flow of news and restricting important information regarding the safety conditions in varying cities. In a number of cases, both Iraqi and U.S. authorities violated press freedom through the detention of journalists for prolonged periods, often denying media representatives their rights to due process. Journalists have been detained for weeks and sometimes months at a time, with no access to legal representatives or family members. Similar processes have taken place in Iran, Yemen and the Palestinian Authority. Wherever it takes place, the detention of journalists incommunicado is a grave threat to press freedom, undermining safety conditions and intensifying a climate of fear and intimidation. Throughout the Middle East and North Africa, journalists are pushing the boundaries imposed by restrictive polices and reporting on public affairs with growing assertiveness It is in the Palestinian Authority that press freedom has deteriorated most significantly this year. The escalation of political tensions between Fatah and Hamas led to wide scale fighting and the breakdown of the national unity government in June effectively partitioned the West Bank and the Gaza Strip, making it near impossible for pro-Hamas media to operate in the West Bank or for media affiliated with Fatah to report from Gaza. The risks posed to Palestinian journalists from aggressive action by the Israel army remains constant and this year saw this risk intensify as the army undertook raids on Palestinian media outlets. A 195 number of journalists were seriously injured while covering Israeli operations in the Palestinian Authority, including one cameraman whose legs were amputated after being shot repeatedly by Israeli soldiers. For the first time, however, the greatest threat to press freedom in the territories is not an external one, as the death of two journalists and one media support worker from inter-Palestinian fighting demonstrates. Reprisal attacks on journalists seen to be associated with either Fatah or Hamas were carried out through violent means as well as through detention and harassment. As an added pressure, after taking control of Gaza in June, Hamas officials began to impose limitations on the media, dissolving the Palestinian Journalists Syndicate and implementing a press card system that would require the licensing of journalists. The brutal acts of insurgent violence make reporting in both Iraq and the Palestinian Authority a life-threatening job, and circumstances are made even more insecure by repressive state policies. The impact of this ever-worsening climate is that the ability of the media to contribute to peace building in divided territories is sabotaged. Throughout the Middle East and North Africa, journalists are pushing the boundaries imposed by restrictive polices and reporting on public affairs with growing assertiveness. In areas like Saudi Arabia, Kuwait and Bahrain, where the media has been predominantly state controlled, journalists are beginning to report critically and are shedding light on topics that have never been published before. In Yemen, Egypt and Morocco, journalists are carrying out hard-hitting investigations in the face of aggressive criminal harassment. In Iran, Syria and Tunisia where authorities have placed a stranglehold on the independent press, journalist and human rights activists are increasingly turning to the Internet as an alternative space for opinion sharing. Across the whole of the region, where authorities show a reluctance to keep pace with the reforms their populations are demanding, journalists show a resilience in circumventing policies of censorship to report, as openly as possible, on developing events. CATHERINE POWER World Press Freedom Review 196 2007 Bahrain S tate authorities have carried out a systematic attack on all forms of free expression in Bahrain this year, severely limiting the ease with which human rights activists, civil society representatives and journalists can carry out their work. Through intensified censorship of the Internet and an increased number of legal cases against journalists, the state’s attempts to silence dissent have been far reaching. In many instances, action has been taken not only to limit critical voices, but also to limit public exposure to any alternative opinion. Access to two-dozen online political and religious publications and blogs were blocked in the lead up to parliamentary elections Internet censorship has become particularly repressive in Bahrain in recent years with the country implementing some of the most stringent policies in the region. Access to two-dozen online political and religious publications and blogs were blocked in the lead up to parliamentary elections in October 2006 and these bans remained in place into most of 2007. In particular, the Bahrain Centre for Human Rights (BCHR), the Arabic Network for Human Rights Information (HRInfo) and the International Freedom of Express Exchange (IFEX) websites have been blocked throughout the year. In October, the BCHR released a statement condemning the wide range of sites blocked from within the country. These included those such as www.haaq.org, the website of the Haq movement for Liberties and Democracy, as well as the sites of other civic organisations, political movements and religious groups. Discussion forums and blogs that publish critical content related to public affairs are also routinely blocked. A wide number of media organisations and human rights groups have faced retaliation for their coverage of the “Bandargate” scandal, which continues to be a sensitive political issue in the country. The “Bandargate” scandal refers to events which took place in September 2006 when Salah Al-Bandar, a Sudanese born British adviser was deported from Bah- rain after he released a report about a network of high-level government officials and royal family representatives who were allegedly involved in fomenting sectarianism and working to unfairly influence elections in order to ensure Sunnis maintained political dominance within the country. The report included leaked government documents and was widely circulated in local newspapers, prompting widespread condemnation from Bahrain’s Shia majority. The Bahraini government has refused to comment on the contents of the report and has persecuted those who have written about it. Throughout 2007, a number of journalists and human rights activists were interrogated and arrested for writing about the Bandargate scandal and several of the blocked websites are said to have been censored after publishing discussion about the report’s contents. Prior to this, a number of journalists had been prosecuted for writing about the report when the scandal first broke out in 2006. On 27 November, Bahrain’s Higher Criminal Court announced the permanence of the ban on publishing news or press comments on the Al-Bandar report, cementing an initial publication ban that had been in place since October 2006. Bahraini authorities implement publication bans to limit reportage of “sensitive” issues with alarming regularity. On 16 October, women’s right activist Ghada Jamsheer was given formal notice that she was not to appear in any Bahraini media after she wrote a letter to King Hamad Bin Isa Al-Khalifa calling for the Supreme Council for Women, chaired by the King’s wife, to be dissolved. In the letter, Jamsheer, who was named as one of Forbes magazines top 10 most influential women in the Arab world in 2006, said that the council was ineffective in promoting women’s rights because of it’s alliance with the government. Judicial harassment is a frequently employed weapon in the state’s arsenal for dealing with critical voices. A number of writers, journalists and activists are prosecuted through the courts for exercising their right to free expression. On 1 July, Zainab Abdulnabi, a report with Al-Alam television and her cameraman Seyed Ali Al-Najjar were arrested and interrogated as they attempted to report on a protest planned outside the United Nations building in Manama. The protest was planned to oppose the presentation of an award for “Acheivements in Human Settlements” to Bahraini Prime Minister Sheikh Khalifa bin Salman Al-Khalifa by the UN. Abdulnabi was ordered into a police jeep by a number of officers. The journalist refused but was then summoned to appear at the Hoora police station for questioning. Abdulnabi and AlNajjar complied with the summons, and had their press cards and camera confiscated upon arrival at the station. They were interrogated into the night before being released, at which time Al-Najjar’s camera was returned. On 24 July Abdulnabi, along with Batool Al-Sayyed and Al Majeed of the Al-Ayam daily newspaper were arrested at the arrival hall of Bahrain’s international airport while reporting on increased security measures that had been implemented around the airport that day. The journalists were taken to the airport police station and interrogated about potential involvement in a protest planned around the arrival of Lt. Ian Henderson, a British national who had formerly worked as the head of Bahrains’ security police and who is under investigation by the British Scotland Yard for connections to torture and human rights abuse. The journalists were released on the same day, following an intervention by senior officials of the Ministry of the Interior who called the airport police instructing the journalist’s release. On 28 May, Bahrain’s Consultative Council, the upper house of the parliament, passed an amendment to the press and publications law that would scrap all prison sentences for press offences On 21 October, three journalists, Saleh Al-Amm, editor of the banned AlSaheefa e-journal www.alsaheefa.net, Fareed Al-Shayeb, a writer with the site and Muath Al-Meshari, a columnist with the Al-Wasat newspaper were convicted of defamation in relation to an article published on Al-Saheefa alleging misconduct and financial corruption at the Dar AlManar elderly care centre. Charges of in- 2007 World Press Freedom Review 197 Chad sult and defamation were first heard at the Lower Criminal Court in March, where Al-Amm was sentenced to threemonths in prison and a fine of US$ 795 and Al-Shayeb and Al-Meshari were fined US$ 530. The journalists appealed the case to the Higher Criminal Court in October, which upheld the conviction and ruled that the prison term against AlAmm would be dropped but that fines of US$530 each would stand. Later in October, a journalist and editor with the Akhbar Al-Khaleej newspaper were each fined US$2,650 by the Supreme Criminal Court of Appeal for an article that allegedly defamed the president of Arabian Gulf University. The charges against the journalists were announced on 28 October and were based on Article 47 of the 2002 press code, which is routinely used to prosecute journalists and block websites. According to the Bahraini Journalists Association in a 30 October report, 32 legal cases were brought against journalists to that point in 2007, compared with 27 in 2006, and in 2007 a much higher percentage of cases have been adopted by the public prosecution. On 28 May, Bahrain’s Consultative Council, the upper house of the parliament, passed an amendment to the press and publications law that would scrap all prison sentences for press offences. The amendment would have to be passed by the lower house of parliament, the Chamber of Deputies, before it can be enacted. The Bill passed by the Consultative Council also stipulates that editors would no longer be sued for articles they didn’t’ write. The current press law, which has been in force since 2002, provides for six-month to five-year sentences for journalists convicted of press offences. While the move was seen as a positive first step, it does not adequately address the threats faced by journalists. As long as judicial harassment, smear campaigns and intimidation of critical reporters continues to the great extent that it does in Bahrain, widespread self-censorship will continue to be a major impediment ● to press freedom. *IPI would like to gratefully acknowledge the Bahrain Centre for Human Rights for information contributed to this report. W ith rebel groups continuing to struggle against the government of President Idriss Deby and more ethnic violence between Arab and ethnic African Chadians, domestic turmoil in Chad continued throughout the year. An already overwhelming problem with internal refugees was exacerbated by unrest in neighbouring Sudan’s Darfur region, with hundreds of thousands of individuals seeking refuge in Chad. Tension between government troops and various armed opposition groups spiked so dramatically in eastern Chad during the months after President Deby was re-elected that, in November 2006, a state of emergency was proclaimed. The measure was also used to justify increasingly strict regulation of the media, with the print media closely supervised by a censorship office, and both radio stations and the private press simply banned from covering certain topics. During the early morning hours of 14 December, a group of about twenty government soldiers charged into the N’Djamena home of Nadjikimo Benoudjita, managing editor of the privately owned weekly Notre Temps More specifically, the regulations imposed pursuant to the emergency measure subjected newspapers to content review prior to their publication, and limited radio broadcasts addressing the Darfur conflict and the Central African Republic. The Chadian private press was simply not allowed to travel to conflict zones, and was subjected to a laundry list of other prohibitions, such as interviewing opposition figures and criticizing the government, including for its imposition of censorship measures. With the exception of the pro-government daily Le Progrès, censors regularly removed articles slated for publication in N’Djamena newspapers. This resulted in fewer readers, therefore making it increasingly difficult for the newspapers to remain in business. Foreign correspondents working in Chad were not formally restricted in the same manner, but were forced to resort to some extent of self-censorship in order to keep reporting. On 31 January, Marcel Ngargoto, Secretary-General of Human Rights Without Borders and reporter for Radio Brakoss, a Moissala-based community radio station, was taken to police headquarters in Moissala and detained. Ngargoto was not formally charged with an offense, but local authorities claimed he had demonstrated “a lack of tact” in his coverage of “sensitive” news, which could constitute a threat to national unity. Other reports suggested that officials were upset with Ngargoto’s repeated criticisms of local police conduct. In mid-March, a court in the capital N’Djamena sentenced Adji Moussa, director of the satirical bi-monthly Le Mirroir, to a suspended prison term of six months and fined him approx US$1,050 in damages for criminal defamation. The charges were based on a complaint by a Catholic priest, who was accused of embezzlement of charitable donations in a May 2006 story in Le Mirroir. Moussa appealed. In late May, authorities lifted the censorship order imposed on private newspapers and radio stations. Several newspapers published in the capital were put on sale without being subjected to censor scrutiny, and a private radio station that had shut itself down for five months in protest over the earlier restrictions was back on air in Moissala. The reprieve was short-lived, however, with authorities issuing a second state of emergency in October, which again included a blanket censorship order. In late October, the controversial activities allegedly carried out by the French organization Arche de Zoé (Zoé’s Ark) made international headlines. On 25 October, two journalists covering the organisation’s activities were detained along with members of the organisation, who were accused of child trafficking after trying to evacuate a large group of African children to France. Appeals to release Marc Garmirian, a reporter for the Capa news agency, and Jean-Daniel Guillou, a photographer for Synchro X, a French agency, were initially ignored, and the two men were formally charged with “kidnapping minors” and “fraud” four days after their arrest. By early November, President Deby expressed support for the possibility of World Press Freedom Review 198 2007 Egypt freeing the journalists, who had not actively participated in the organisation’s activities, and both were part of a group of seven individuals permitted to leave the country with French President Sarkozy, who had visited especially to negotiate their release. The year ended on a negative note. During the early morning hours of 14 December, a group of about twenty government soldiers charged into the N’Djamena home of Nadjikimo Benoudjita, managing editor of the privately owned weekly Notre Temps, which also serves as editorial office for his publication. Benoudjita was taken to security police headquarters without an explanation, and subsequently held there. The arrest came three days after a Notre Temps editorial angrily criticised both French poli● cy in Africa and Chad’s president. J udicial harassment of the Egyptian media has increased significantly over the last three years with an unprecedented crackdown in 2007 resulting in a dozens of criminal lawsuits being brought against the press by pro-government forces. Despite promises made by President Hosni Mubarek in 2004 that greater protection would be offered to shield the media from potential imprisonment, recent developments could only be characterized as a backsliding of press freedom in the country. Journalists were sentenced to jail terms and hefty fines in unfair trials that were often heard in absentia. Along with this assault on the print media, authorities have also stepped up their pressure on online journalists, imprisoning Bloggers and blocking new websites each month. A healthy opposition has emerged within Egypt which seeks to challenge Mubarek’s long-held grip on the country, but state authority seem intent on silencing this opposition whenever and however possible. Any criticism of the President, even speculation as to his state of health, is met with harsh reprisal. The exposure of the widespread practice of torture, carried out by police and state security officers against detainees, has met with mass protest and public condemnation in recent years. Human rights groups, such as the Association of Human Rights and Legal Aid, have been shut down in retaliation for publicising the issue and a number of journalists have been harassed, threatened and detained for reporting on it. On 8 January, Huwaida Taha Mitwalli, a journalist with the London-based Al-Quds Al-Arabi, who was in Egypt to make a documentary about torture for the Al-Jazeera broadcasting station, was detained at Cairo airport while trying to board a flight to Qatar. She was charged with “spreading false news” and “harming the national interest.” Mitwalli’s videotapes and computer were confiscated and she was given a summons to appear at the State Security Supreme Council. Upon arriving at the court, the journalist was held overnight for questioning and then freed on bail of US$1,750. Security officials meanwhile brought additional charges against Mitwalli for “seeking the help of some youths to film fabricated scenes as incidents of torture.” Al-Jazeera Cairo bureau chief reported that the Mitwalli had carried out this filming as part of her documentary, to show the reenactment of torture in Egyption detention facilities. In the months that followed, several court hearings were held to address the charges against Mitwalli. In one of the trials, held on 7 March, the court refused to implement any of the 11 requests to call forward witnesses presented by the journalists defence team, prompting Mitwalli’s lawyers to raise concerns that her right to a fair trial was in jeopardy. On 2 May Mitwalli was sentenced to six months in prison and fined US$3,500 in relation to the charges. An Egyptian national, Mitwalli remains free in Qatar pending an appeal. A lengthy prison sentence was handed down to Blogger Abdel Kareem Nabil Sulieman (also known under his online pseudonym of Kareem Amer) on 22 February. Sulieman was sentenced to four years in prison on charges of inciting hatred to Islam, defaming the Egyptian president, and damaging Egypt’s reputation. According to an RSF report, Suleiman’s blogs had regularly criticised the religious and authoritarian excesses of President Mubarek’s government. Discussion of Islam, and religious law remains taboo in Egypt and the Internet exists as one of the only open forums for debate about religious issues in state politics. During the trial, which took place at the Moharram Beik Misdemeanour Court in Alexandria, Sulieman’s legal team was denied the opportunity to give a verbal defence. Concerns for Sulieman’s health and safety emerged throughout the year as reports emerged that he had become the victim of brutal assault while in prison. On 12 November the Cairo-based Arabic Network for Human Rights Information (HRInfo) released a report stating that Sulieman had been tortured at Bolag Alarab prison where he was repeatedly assaulted by other prisoners and prison guards, in full view of prison supervisors. Sulieman has his teeth knocked out during one assault, and was badly beaten. In another incident Sulieman was transferred to a disciplinary cell where he was stripped, handcuffed and shackled, then displayed to other prisoners. Requests by his lawyers to have Sulieman transferred to another prison have not yet received a response. 2007 World Press Freedom Review A number of other Bloggers faced state repression this year, one of them being exposed to the risk of violent attack. Abdel Men’em Mahmoud is the administrator of popular blog Ana Ikhwan http://ana-ikhwan.blogspot.com, and a reporter for Al-Hiwar television station. Mahmoud was forced to go into hiding when he received a tip that police forces were planning a raid on his Alexandria home. Similar to the “dawn raids” practice that security forces routinely employ to confront and interrogate members of the political opposition, state agents broke into Mahmoud’s home on the morning of 13 April. It is said to have been reported on his blog that authorities were trying to arrest Mahmoud because of his coverage of the state practice of torture and the police treatment of detained Muslim Brotherhood activists. The Muslim Brotherhood, representing Egypt’s largest opposition group, has been deemed illegal by the state. The victim of state torture during a 2003 arrest, Mahmoud is said to have fled in order to avoid further persecution. However, the journalist was arrested at Cairo airport on 14 April as he attempted to leave the country. He was charged with belonging to an illegal organization, but his arrest seems to be more closely linked to the photos and reports he had posted online. Another blogger, Hosam El-Hendy, was arrested at Helwan University in Cairo on 30 November. El-Hendy operates the Eshreen website (www.20at.com) and reports for the Al Dustour newspaper. Other methods to limit online debate include the widespread blocking of websites or the suspension of Internet accounts. In November, state authorities intervened to suspend the YouTube and Yahoo mail accounts of blogger Wael Abbas after he posted scenes of police brutality online. With radio and television largely statecontrolled, methods to impose censorship of new media are steadily being developed and implemented. However, it is the print media that remains the largest target of the state’s campaign to stifle press freedom. Ibrahim Issa, editor of the independent weekly Al Dustour, was once more the victim of state harassment, facing more than 10 separate charges as public officials undertook a smear campaign against him. Issa has previously been imprisoned by the Mubarek regime 199 and has faced numerous charges in previous years in retaliation for his investigative reporting. On 28 February, Issa, along with Al Dustour journalist Sahar Zaki, was sentenced to a fine of US$ 4,000 by an Al-Warak Misdemeanor Appeal Court on charges of insulting the president and disturbing the public order. The charges were in relation to an April 2006 article about corruption with- group Hezbollah. The court later dropped the defamation charges but found the editors guilty under Article 188 of the penal code which stipulates one year in prison and a fine of nearly US$3,500 for anyone who “malevolently makes public pieces of information or statements or false rumours.” All four editors had to pay bail of US$1,770 and were free pending appeal. Egyptian blogger, Abdel Kareem Nabil, 22, who has been in detention since November 2006, peers from a prison vehicle in Alexandria on 25 January 2007. Nabil was later sentenced to four years in prison for critical writings published online. (AP Photo) in Mubarek’s family. Issa and Zaki had initially been sentenced to a year imprisonment in relation to the same case, with the court later dropping that aspect of the sentence. The reversal of the prison sentence in this particular case was no cause for relief however, as Issa and three other editors were later sentenced to one-year jail terms in a case initiated by the ruling National Democratic Party. Wael AlAbrashy of the weekly Sawt Al-Umma, Adel Hammouda of the weekly Al-Fajr and Abdel Halim Kandil, former editor of the weekly Al-Karama were charged with spreading false information and accused of defaming President Mubarek, his top aides and his son Gamal Mubarek. The charges were made after the four editors published articles denouncing Mubarek and several senior officials for public statements related to the Lebanese As state authorities stepped up a targeted campaign against the independent press, several of the editors faced additional charges in other cases. Charges of spreading false reports were brought against Issa on 3 September after the editor reported on speculation that had been circulating about President Mubarek being in ill health. A number of newspapers reported on the issue, but Issa was singled out for retaliation, giving a clear indication that the charges against him were politically motivated. In addition to the charges, a number of state-run newspapers began to publish criticism of Issa, accusing Al Dustour of being linked to the banned Muslim Brotherhood opposition group. Developments in the case became even more worrisome on 28 September when it emerged that Issa would be tried by an emergency state security court, 200 which does not permit the right of appeal instead of the court for press and publications. According to a CPJ report, Issa’s case signalled the first time an Egyptian journalist had been summoned before such an exceptional court. When Issa’s trial began on 1 October in an Aljala court, members of the defence team were barred entry due to heavy security presence. As the case began, the court announced that eight additional cases were being filed against Issa, the majority of which were filed by lawyers who are closely tied to the ruling party. World Press Freedom Review As the flurry of criminal defamation charges gained momentum towards years end, three journalists of the opposition newspaper El Wafd were sentenced to two-year prison terms. Anawar Al-Hawary, director of El Wafd, Mahmoud Ghalab, the newspaper’s deputy chief, and political editor Ameer Salim were also ordered to pay fines ranging between US$35-350 and bail of approximately US$900. The journalists were charged with publishing false news and damaging the reputation of the judiciary under Article 102 of the criminal code in rela- 2007 The majority of charges against Egyptian journalists are based on alleged violations of provisions enshrined in Articles 102, 179 and 188 of the penal code, each of which can be interpreted in an overtly broad way. Article 102 in particular allows for detention of “whoever deliberately diffuses news, information, data, or false or tendentious rumours, or propagates exciting publicity, if this is liable to disturb public security, spread horror among the people, or cause harm or damage to the public interest.” The state-campaign against the print media has evoked strong public response among civil society advocates and independent journalists throughout the country. On 7 October, 15 opposition newspapers refused to publish in protest at the prison sentences handed down to various editors. Members of the media have also staged public protests to draw attention to the harassment waged against them and to oppose state efforts to silence their ● critical reportage. *IPI would like to gratefully acknowledge the Arabic Network for Human Rights Information for material contributed to this report. Egyptian photojournalists lay down their cameras as they demonstrate in front of the Journalist Syndicate in Cairo on 3 February 2007, to protest against police assaults on the media. (AP Photo/Amr Nabil) On 28 September, a Cairo criminal court convicted Al-Abrashy, three Sawt Al-Umma journalists, Hana’ Mousa, Rida Awad and Manal Abdelatif as well as the newspaper’s chairman of libeling and insulting an Egyptian businessman. The case was heard in absentia and the journalists later reported that they had been unaware charges had ever been filed against them. Each was sentenced to two months in prison. On the same day, AlAbrashy, Mousa, Awad and Abdelatif were sentenced to additional one-month prison terms in relation to a separate case involving a defamation charge brought by a different businessman in relation to an article published in May, about the business’ relationship with a local engineering company. tion to the publication of a story in January about the Minister of Justice and his alleged condemnation of a number of judges. Several newspapers covered the story, but El Wafd was the only one to be prosecuted. The lawsuit was initiated by a number of judges representing the National Democratic Party. Further criminal libel convictions and additional one-month jail terms were handed down to Al-Hawary and two other El Wafd journalists on 30 October by a criminal court in the southern city of Assiut. The journalists were charged with libelling two lawyers in a 12 March article about a local council meeting. Once more lawyer affiliated with the ruling National Democratic Party initiated the lawsuit. 2007 World Press Freedom Review 201 Iran I ran is one of the Middle East’s most authoritarian regimes, where censorship has become the standard method for managing the press. Since coming to power in 2005, President Mahmoud Ahmadinejad and his senior representatives have attempted to stamp out press freedom, intimidating critical journalists into silence or self-censorship. Journalists are subject to extreme pressure and constant judicial harassment. Dozens of media representatives have been subject to court summonses, prolonged detention and criminal conviction. More than thirty journalists spent time in prison this year, and nine remained behind bars at years end. Many of those imprisoned have been held incommunicado and denied due process, at times without any formal charges being laid against them. Death sentences were ordered against two journalists for “critical” reporting that would be deemed as standard coverage of public affairs in many parts of the world. Those journalists that are released often have to pay exorbitant bail fines. Journalists and human rights activists are routinely barred from travel, many having their passports seized by airport officials. Death sentences were ordered against two journalists for “critical” reporting that would be deemed as standard coverage of public affairs in many parts of the world A number of senior state leaders, including the Islamic Republic’s Supreme Leader Ayatollah Sayed Ali Khamenei, and President Ahmadinejad’s press adviser Mohammed Ali Javanfekr, have issued damning statements against the press this year. Their comments sent a clear message to journalists that those who refuse to tow the government line will be punished. They also act as a blow to the civic culture of press freedom that has been badly damaged following years of repression. In a 5 September speech to the Assembly of Experts, Khamenei accused the media of “malice” and of “collaborating with enemy media.” Khamenei’s attack came less than a week after a group of more than 150 journalists issued a Iran’s supreme leaderAyatollah Ali Khamenei, delivers a speech to a group of clerics in the city of Mashhad, on 16 May 2007. Khamenei has publicly condemned the Iranian opposition media this year. (AP Photo/Fars News Agency, Javad Moghimi) joint statement condemning the decline in press freedom following a wave or arrests in July and August. On 12 July, following the announcement of a decision to permanently close the Moshareket daily newspaper, Javanfekr issued comments stating: “When a news media puts itself at the service of a political group opposed to the government, it becomes a tool for sabotaging and weakening the government, aiming to quietly overthrow it.” The Moshareket newspaper was banned during a judicial campaign against the opposition press in 2000 in which more than 200 publications were suspended. The Iranian government has continually accused reform newspapers of trying to overthrow the regime and have implemented repressive measures to silence them completely. A number of the opposition newspapers that have been suspended since 2000 received “permanent closure” orders this year. One such paper, the Golesan-e Iran (Garden of Iran) was closed on 15 September after being suspended since 2004. The reformist daily was accused of publishing articles that were “lying and hostile to the Islamic regime” and “offending against decency.” Editor Frozan Assafi Nakhei was sentenced to a two-year professional ban. New closures were also announced, as the government attempted to tighten its iron grip on the nation’s media. On 3 February, conservative daily Siassat Rouz (Politics Today) was closed for the first time on the orders of the Press Monitoring Commission because of an article deemed to be an insult to Iran’s Sunni 202 Iranian journalist Mohammad Reza Yazdanpanah, reacts to the information that his leading reformist daily news-paper Hammihan (Compatriot) has been ordered to close by the Tehran judiciary on 3 July 2007. (AP Photo/Vahid Salemi) majority. On 11 March, the weekly Kurdish-language Payam Kurdistan was suspended for “spreading separatist ideas” after publishing a map of “Greater Kurdistan.” Three of the newspaper’s journalists have been prosecuted throughout the year and two remained in prison at year’s end. On 23 May, court officials in the south-eastern province of Sistan-o-Baluchistan ordered the closure of the weekly Ayaran newspaper, and threatened to prosecute editors of the paper for publishing statements by Sunni leaders that were “inaccurate” and “likely to inflame the public” and “spread separatist ideas.” Two more media outlets were closed in July, as a new attack on reformist and liberal media was launched against those who had been critical of President Ahmadinejad’s failure to deliver on promises of economic reform. The Ham Mihan pro-reform newspaper was closed on 3 July, as was the ILNA news agency. According to an IFJ report, the closures took place amidst reports that the presi- World Press Freedom Review dent had set up a s special unit to “counter black propaganda.” In announcing the closure of ILNA, Culture Minister Hossein Safar Harandi accused the media of a “creeping coup” exposing a complete lack of tolerance for coverage containing any critical analysis of public affairs. A pro-reform news agency, ILNA has covered government crackdowns on women’s movements, students and workers in great detail. It has been the target of bureaucratic sanctions, and it’s website has been blocked within Iran. On 3 July, ILNA director Masoud Heydari resigned from his post at the news agency in response to constant government pressure. The July crackdown added even more journalists to the long list of those that have suffered from intense judicial harassment. The court has summonsed dozens of journalists; others have been tried in absentia on trumped up charges that were only learned of days or weeks following a conviction. The practice of handing out suspended sentences also continued this year, propagating the widespread practice of self-censorship. The lengthy list of prosecutions prevents detailed analysis of each case, however, a number of representative cases will be highlighted, including those of the nine journalists who remained in prison at years end. Mohammad Hassin Falahieh, of the state-run Arabic-language TV station AlAlam has been in prison since November 2006. For the first months of his incarceration he was held without charge until 29 April, when he was convicted of spying by a revolutionary court. Falahieh was sentenced to three-years in prison and is serving his time at Iran’s notorious Evin prison which is known for the practice of torture. Falahieh’s lawyer has voiced repeated concern for his safety, reporting that he is ill and has suffered poor treatment. Charges of spying or of collaborating with foreign enemies are frequently waged against Iranian journalists, both offences carry heavy penalties. Kaveh Javanmard of the weekly Karfto newspaper was arrested on 18 December 2006 in Sanandaj, in Iranian Kuridistan. He was sentenced on 17 March 2007 to two years in prison during a secret trial in which he was allowed no representation. Javanmard was charged with “inciting revolt” and of undertaking “activity against national security.” Ali Farahbakshsh, a 2007 business reporter who contributed to the Sarmayeh newspaper and other publications, was arrested on 27 November 2006 and convicted on 26 March on charges of espionage. He was detained by police on his return from Bangkok where he had travelled to attend a conference on civil society. The journalist was initially held in a prison overseen by the Ministry of Intelligence and Security before being transferred to Evin prison. While incarcerated, Farahbakshsh was frequently denied medicine that he takes for a digestive problem and developed a kidney ailment from drinking the prison water. Farahbakshsh was conditionally released on 1 November after serving ten months of a sixteen-month prison sentence. He has not yet received a full acquittal of the charges against him. Editor Mohammad Sadegh Kabovand was arrested on 1 July and sent to Evin prison where he was initially held in solitary confinement Repression of journalists has been particularly strong in Iran’s northwestern Kurdish region where an increasing number of media workers have been harassed, arrested and convicted and several newspapers have been closed. Death sentences imposed on two journalists by revolutionary tribunals in Marivan prompted widespread condemnation by the international community and were seen as an alarming sign of the complete deterioration of press freedom within Iran. Adnan Hassanpour and Abdolvahed Botimar were sentenced to death by the Marivan tribunals on 16 July. Hassanpour had covered the sensitive Kurdish issue for the Asou magazine before it was banned in August 2005 and had also worked as a foreign correspondent with Voice of America and Radio Farda. Hassanpour had been arrested on 25 January and held incommunicado for months. Botimar, also a journalist with Asou, was arrested on 25 December 2006. Hassanpour and Botimar were charged with espionage and with undertaking “activities subverting national security.” The death sentences were announced at the 16 July trial, which was held behind 2007 World Press Freedom Review closed doors. Both journalists appealed their cases to the Supreme Court, which, on 22 January, moved to overturn the death sentence handed down to Botimar on the basis of “procedural irregularities.” Botimar was not allowed to go free however. His case was sent back to the revolutionary court in Marivan for reexamination and he remains in prison. The Supreme Court upheld the death sentence against Hassanpour, accusing him of espionage for allegedly revealing the location of military sites and establishing contacts with the U.S. foreign affairs ministry. During the trial Supreme Court judges referred to Hassanpour as an “enemy of God.” Both Hassanpour and Botimar undertook hunger strikes to protest the outrageous charges against them and were reported to be in poor health during their confinement. A number of arbitrary arrests followed by prolonged detention served as a chilling reminder of the dangerous environments journalists work in, never knowing when they will be separated from their friends and families. Shirko Jahani, correspondent of the Turkish news agency Euphrat in the northwestern city of Mahabad, was summoned on 27 November 2006 to the local prosecutor’s office where he was immediately arrested for writing critical articles that were published in the foreign press. He was held incommunicado for months, and his family heard no word of him despite searching for him at a number of local prisons. In late December 2006 he was allowed to make one phone call to his wife but could tell her nothing of his whereabouts. Jahani was released on 3 February after paying bail of US$5,400. He still faces prosecution for writing critical articles that were published in foreign media. Journalism student Mehrnoushe Solouki, who has dual French and Iranian nationality, was arrested in Tehran on 17 February for filming the families of the victims of violence that had taken place in the 1980s, which she was gathering as part of a documentary on the aftermath of the 1998 ceasefire between Iran and Iraq. After being held in Evin prison for more than three months, Solouki was released on 19 March on bail of US$ 10,800. Her passport was not returned so she has been prevented from leaving the country. Said Martinpour, of the Azeri-language weekly Yarpagh, has been detained since 28 May when he and his wife were arrested at their home in Zanjan, in northwestern Iran. Matinpour was transferred to Evin prison in Tehran on 30 May. No formal charges have been filed against the journalist and he has been denied visitation rights with his family or lawyer. Two journalists with the Kurd ishbased Payam-e Mardom-e Kurdestan, which has been suspended since 2004, also remain in prison. Eljal Ghavami was detained on 9 July, a month after a Sanandaj court sentenced him to a threeyear sentence for “inciting populations to revolt” and for undertaking “activities against national security.” Editor Mohammad Sadegh Kabovand was arrested on 1 July and sent to Evin prison where he was initially held in solitary confinement. According to an RSF report, Kabovand has been pressured to deny information published by the Kurdistan Human Rights Organisation, of which he is a founder. Emadeddin Baghi, former editor of the Joumhouriat daily newspaper was remains in prison since his 14 October arrest following charges of “propaganda against the government” and of publishing secret documents. Baghi’s wife and daughter had earlier been given threeyear suspended sentences on charges of “colluding to disrupt national security” for taking part in human rights workshops in Dubai in 2004. Baghi has suffered brutal treatment in Evin prison. The journalist has been interrogated while blindfolded with this wrists bound, and has been forced to stay in solitary confinement for prolonged periods. The ninth journalist remaining in prison at year’s end is Abolfazi Abedini Nasr, of the weekly Bahar Khozestan, who was arrested on 13 November by ministry of intelligence officials in the southern city of Ahvaz. No information has been released about Nasr’s whereabouts. On 25 October, the European Parliament passed a resolution condemning Iranian human rights violations. The resolution called for the unconditional release of prisoners of conscience, particularly journalists. Of the many journalists who were held for days or weeks at a time before being released, a particular trend of targeting women journalists emerged this 203 Ali Saadoun al-Daami grieves for his brother, slain journalist Jawad Saadoun al-Daami, outside the morgue at al-Yarmouk hospital in Baghdad on 24 September 2007. Al-Dammi, who worked for Al-Baghdadiyah TV, was gunned down in western Baghdad days before. (AP Photo/Wisam Sami) year. Female human rights activists have similarly been harassed, both through judicial means of arrest or summons to the revolutionary courts and through the seizure of passports or bans on travel. 33 women journalists and activists were arrested on 4 March after organising a demonstration in Tehran. Several were held in Evin prison in solitary confinement for more than two weeks. Known throughout the region as executing one of the most stringent policies of Internet censorship, the Iranian regime goes to great length to attempt to silence the country’s vibrant online community. Online discussion forums and blogs are very popular both within Iran and among the Iranian diaspora, and the Internet exists as the main forum for public debate and discussion of alternative opinion. In November 2006 further regulations aimed at controlling the Internet were announced and included mandatory registration of editors and the creation of an Internet surveillance body. The state relied on such mechanisms to justify the closure of dozens of sites in 2007. World Press Freedom Review 204 2007 Iraq The conservative online publication www.Baztab.com has been blocked since mid-February as have the photosharing site www.Flickr.com and the video-sharing site www.YouTube.com. The Farsi-language pages of press freedom group RSF are banned as are a large number of human rights sites. The Baztab site was permanently closed in September for allegedly publishing “inaccurate news.” The site is the target of more 15 lawsuits from presidential supporters in response to its critical coverage of public affairs. Two Bloggers, Mahboubeh Hosseinzadeh and Nahid Keshavarz, were arrested in April after publishing information about a demonstration in support of women’s rights that had taken place in Tehran. Both were de tained for two weeks in Evin prison before being released on ● 14 April. Death Watch Country (42) C ontinued violence and instability in Iraq have had a devastating impact on the nation’s media. With attacks on the press reported almost daily, journalists are put at risks from all sides. Sectarian militia groups pose the greatest threat to journalists’ safety, targeting media representatives for brutal murders, abductions and violent attack. The failure of the Iraqi government to properly investigate attacks on journalists means increasing number are being forced to leave the country and seek work elsewhere. Addressing this media crisis must be prioritised at the top of the peace building and reconstruction agenda if any modicum of peace is to be restored within the country. In addition to living in a state of permanent insecurity, journalists are increasingly being unfairly arrested and subjected to improper searches. The Iraq government has stepped up its level of interference by implementing policies to limit access to certain areas and by closing media outlets or censoring coverage. Iraqi security forces and the U.S. military A man attempts to enter the private Dijlah radio station building in Baghdad on 3 May 2007. Gunmen had earlier stormed the offices, killing two employees and wounding five before bombing the building and knocking the station off the air. (AP Photo/Asaad Muhsin) that perpetrators carry out their acts with total impunity. Iraqi security forces, which in the past two years have increasingly splintered into segments affiliated with Shi’a and Sunni militias, do little to ensure the protection of journalists. Given the state of lawlessness that pervades Iraq, journalists play a critical role in informing the population of political and social developments and of providing information on dangerous areas that require caution or avoidance. The climate of fear and insecurity that surrounds their work makes it extremely difficult for many journalists to fulfil this role, and an forces have carried out an alarming number of arrests of journalists, often denying due process and refusing to publicise charges. In several incidents, journalists have been detained for lengthy periods with no access to legal representation. The number of journalists killed in Iraq this year reached 42. With the exception of Russian journalist Dmitry Chebotayev, all were Iraqi, demonstrating how great a cost Iraqi journalists are paying to provide information about their country to the outside world. As has been the case in recent years, journalists working for U.S. or U.K. based media outlets are 2007 World Press Freedom Review most frequently targeted. Members of militant groups shot 25 of those killed, quite often when their cars were ambushed while driving to or from work. Eight journalists were killed in bomb attacks, either by roadside bombings or when suicide bombers targeted the areas they were reporting on. Two journalists died after being brutally beaten and one journalist was killed in a U.S. helicopter attack near an area in eastern Baghdad. Six journalists were found dead, often days after they had been abducted by militant groups, but the exact causes of death, whether through shooting, torture or violent attack, was not reported. 205 her husband while travelling by car in the eastern part of the city. The unidentified assailants later set the bodies of Abdallah and her husband on fire inside the car. On 25 June, Rahim Al-Maliki, a television host on two Al-Iraqiya TV programmes, was among 13 people killed in a suicide bomb attack on a Baghdad hotel. Al-Maliki had been covering a meeting of tribal leaders who were announcing their decision to join U.S.led forces in the fight against factions linked to Al Qaeda. The journalist was filming the event when the bombing took place. Al-Maliki was one of six jour- work. In other cases, office workers and administrators were killed in attacks on media outlets. Journalists are increasingly becoming the targets of kidnappings and violent attacks. The number of journalists kidnapped has risen every year since the start of the U.S.-led invasion, with more than two-dozen abductions reported this year. Many of those who are abducted are found dead in the days or weeks following their disappearance, while others vanish without any further information surfacing as to their whereabouts. It is rare that kidnappers demand ransom for Journalists are increasingly being unfairly arrested and subjected to improper searches While hundreds of thousands of deaths have been reported in Iraq since the beginning of the U.S. led invasion in 2003, it appears that journalists tend to be directly targeted because of their work, in retaliation for their coverage of news and developments that many insurgent groups would like to keep quiet. In one representative case, Abderrazak Hashim Ayal, a journalist with Radio Jumhurriyet Al-Iraq, was found dead by Baghdad police on 19 February, two weeks after he and a cousin had been abducted by unknown assailants. Both men were found with multiple gunshot wounds. Kidnappers, identifying themselves as belonging to Al Qaeda in Mesopotamia, contacted Ayal’s family several times, telling them Ayal “(...) was a journalist doing harm to Iraq.” Ayal had presented a political news programme for the radio station, which was part of the state-run and U.S. backed Iraqi Media Network. In another incident, on 28 January, unidentified assailants in Najaf gunned down Munjid Al Tumaimi, a freelance photographer, as he was taking pictures in the city’s hospital of people who injured in the course of violent clashes near Najaf. The assailants took Al Tumaimi’s camera and mobile phone after killing him. On 12 April, Iman Yussef Abdallah, a journalist for Sound of Mosul, a radio station operated by a group of Mosul trade unions, was shot dead along with An Iraqi journalist holds a sign reading "Our Demand: Protection and Freedom" during a protest in Diwaniyah on 10 April 2007. (AP Photo/Jalal Mudhar) nalists killed in the last week of June, marking a period of alarming concentration of attacks on the media. On 12 July, Namir Noor-Eldeen, a photographer with the Reuters News Agency, was killed in eastern Baghdad during what witnesses described as a U.S. helicopter attack. Initial reports stated that the air strike took place during clashes between U.S. forces and insurgents, but, according to Reuters, witnesses later said there were no clashes. 11 other Iraqi’s including Noor-Eldeen’s driver Saeed Chmagh, were killed in the attack*. Chmagh was one of many media support workers killed this year. Drivers, translators, and fixers were killed while travelling with reporters on location or while commuting back and forth to those taken, implying that the motive behind these abductions is to silence a critical or investigative voice. Journalists Marwan Ghazal and Reem Zaeed, who were abducted by gunmen in Baghdad on 1 February 2006, remain missing with no further information about their whereabouts emerging this year. Their disappearance sparked criticism in 2006 when authorities failed to investigate their case despite being given a description of the kidnappers and their vehicle by witnesses to the attack. On 6 March, Talal Hashim Birkadar, editor of the weekly A Diyar newspaper, was kidnapped in Karkuk city north of Baghdad. Birkadar’s fate and the identity of his kidnappers remain unknown. On 19 March, Karim Manhal, a news pre- 206 senter with the privately owned Radio Dijla and his driver Thamir Sabir were abducted when four masked gunmen overtook their car as they were heading to work in Baghdad. Another passenger and employee of the station were allowed to go free but nothing has been heard of Manhal or Sabir since. Similarly, on 13 June, Filaih Wadi Mijthab, editor of the government funded daily Al Sabah newspaper, was kidnapped when several vehicles forced his car off the road while he was being driven to work in the Sadr City suburb of Baghdad. The gunmen took Mijthab but released his driver and son who were travelling with him. The number of journalists killed in Iraq this year reached 42 In a rare but welcome occurrence, Radio Free Iraq correspondent Jumana Al-Obaidi was released after being held by kidnappers for nearly two weeks. AlObaidi had been abducted from a car while on her way to a scheduled assignment at the Iraqi Environment Ministry on 22 October. Iraqi police later found the body of Al-Obaidi’s driver, who had been killed during the abduction. A number of other journalists were attacked and beaten by assailants. In one such incident six armed men broke into the home of the daily Al Doustour editor Fallah Al Charki in Baghdad on 22 February. Fortunately, Al Charki was not at home at the time of the attack. He has several murder attempts in recent years. In a number of other incidents, journalists have been the victims of death threats. In October, an armed group known as the “Iraqi Islamic Nation” posted wanted notices on the walls of mosques and other buildings in the eastern province of Diyala, with a picture of Al Iraqiya correspondent Mohammed Ali. The posters described Ali as an “infidel” and “criminal,” and offered US$10,000 to anyone who could locate or kill him. According to a report by the Iraqi Association for the Defence of Journalists’ Rights, the group was angered by Ali’s critical reports of their activities. In a clear sign of the extreme danger that journalists operate under, a number of media outlets were attacked by militant groups this year. In one incident on World Press Freedom Review 20 October, unidentified arsonists set fire to the premises of the daily Ashrakat Al Sadr newspaper. The newspaper, located in east Baghdad, is associated with the Sadrist political movement. Iraqi journalists also face interference from Iraqi security forces and from the U.S. military. At times, the level of interference can be quite hostile, as was seen in several raids on media outlets carried out this year. Of widespread concern is the alarming practice of detaining journalists on unclear and often unsubstantiated charges of connection to terrorist networks. In many cases these journalists are held at length and are denied due judicial process. These incidents of arrest and interference highlight the need for both Iraqi and U.S. authorities to provide clear instructions for troops responsible for maintaining order to allow journalists to freely carry out their work. The troubling case of Associated Press (AP) photographer Bilal Hussein demonstrates the repressive measures being taken by Iraqi and American authorities. Hussein has been imprisoned since 12 April 2006, when U.S. military arrested him in Ramadi on grounds of having close ties to insurgents. The Pulitzer Prize winning photographer apparently came under suspicion because he had taken pictures that showed still burning wreckage from an insurgent attack. U.S. authorities have not revealed any evidence of Hussein’s alleged criminal wrongdoing and have not announced formal charges. On 21 November, authorities informed the AP that Hussein’s case would be referred to the Iraqi justice system for possible prosecution based on “new evidence” that had come to light, but refused to provide any details about the evidence or to explain what charges Hussein will face. In the more than 20 months since Hussein has been detained, U.S. officials have made numerous, shifting allegations against him, none of which have been substantiated. Many of the claims have been refuted by investigations carried out by the AP. The U.S. military has repeatedly been criticised for its hostile actions against the Iraqi media. Failure to properly investigate the deaths of journalists in U.S. military attacks which took place earlier in the occupation has drawn condemnation from human rights groups around the world. In 2007, relations were character- 2007 ised by army raids on media outlets and the practice of arbitrary arrest. On 19 February, American soldiers carried out an armed raid on the Baghdad offices of the Iraqi Syndicate of Journalists (IJS). Soldiers staged an evening raid on the syndicate’s offices, arresting state-employed security guards, confiscating computers and other office materials including 15 small electricity generators destined for the families of killed journalists. Of widespread concern is the alarming practice of detaining journalists on unclear and often unsubstantiated charges The next day, U.S. forces arrested a journalist and carried out a raid on a media outlet. Fourat Jamal Al-Atabi, a journalist with the Al Sabah newspaper, was arrested at his home in north Baghdad. His family reported that he was injured during the arrest and that they have not been provided with any information about his case, despite repeated requests. Al-Atabi remains in U.S. custody with no formal charges yet being announced against him. Also on 20 February, US forces raided the offices of the daily Al Daaoua newspaper in Baghdad, which is affiliated with a Shiite political party. The soldiers interrogated and photographed four of the newspaper’s staff and seized notebooks listing information about other employees. U.S. forces raided the newspaper a second time on 18 May. American soldiers carried out an armed raid on the Baghdad offices of the Iraqi Syndicate of Journalists On 20 November, Mohammad Mazhar Al-Shaheen Al-Shumari was released after being arrested by the U.S. military in Tikrit in October. During his monthlong detention, no official charges were laid against him. The Iraqi government has implemented several policies this year that have prompted concern that the regime is wavering in it’s earlier stated commit- 2007 World Press Freedom Review ments to press freedom. In practice, the closure of studios and numerous arrests carried out by state authorities demonstrate a worrying lack of respect for media freedom. On 26 February, Prime Minister Nouri Al-Maliki announced a new security plan for Baghdad, granting military commanders sweeping powers to arrest people and restrict their basic freedoms of speech and association. According to a Human Rights Watch report, the prime minister issued martial law powers authorising military commanders to conduct warrantless arrests, monitor private communications and restrict civil society groups in Baghdad. The vaguely worded decree provided few details on how the regulations would be implemented and did not specify a time limit for the provisions. The Iraqi government has banned all footage that shows bloody scenes Such provisions could place further restrictions on media coverage, and come at a time when journalists are being persecuted for their efforts to report on developing events. On 19 February, Iraqi security forces arrested Munir Assad, of the U.S. Arabic-language channel Al Hurra, after he filmed sectarian demonstrations in the region. The Iraqi government has banned all footage that shows bloody scenes, that incites sectarianism or that is perceived to encourage terror. The interpretation of the ban is open to abuse by authorities and has not been clearly defined. Early in January, the Baghdad studios of the privately-owned satellite TV station Al-Charkiya were shut down on orders of the interior ministry after the channel showed film of several demonstrations opposed to the execution of Saddam Hussein which had taken place in Baghdad, Tikrit and the Jordanian capital Amman. On 13 May, the Iraqi Interior Ministry announced a new policy barring journalists from covering the scenes of bomb attacks for one hour after they take place. Brig Gen. Abdul-Karim Khalaf said that the ban was put in place to protect journalists from a possible second bomb attack and to ensure that evidence is not disturbed before detectives arrive on the scene. Khalaf also said that the ban would prevent terrorists from receiving information that they had “achieved their goals.” According to an Agence France-Press report, a number of Iraqi journalists said they believed concerns for journalists’ safety were of less importance to authorities than their desire to limit coverage and to ensure that dissemination of information is vetted through the Interior Ministry. The ban was widely criticised as an obstruction of the media’s ability to report independently and as an impediment to the public service role the media provides. Given the high level of violence in many parts of Iraq, coverage of attacks allow people to evaluate security risks and to exercise caution in their daily travel plans. The ban was enforced on 15 May when Iraqi police fired shots into the air to drive away journalists who were attempting to cover twin bomb attacks at Baghdad’s Tayaran Square. The harsh treatment of the Wasan media outlet provides a troubling demonstration of the direction the Iraqi government is taking in its dealings with national media. 11 employees of Wasan Media, an independent production company, were arrested after Interior Ministry forces raided its offices on 25 February. Security forces blocked off the street before raiding the office, serving the arrest warrants and confiscating the company’s car and the vehicles of employees as well as broadcast equipment, computer, mobile phones and documents. In the outrageous and unsubstantiated case, the 11 employees were held for five and a half months before nine were released without charge in August. The Wasan employees were accused of “incitement of terror” after the Ministry of the Interior allegedly received information that the media company had sold film to the Qatar-based Al Jazeera satellite channel, which is banned in Iraq. The arrests came after Al Jazeera aired an interview with an Iraqi woman who said she had been raped by Iraqi police officers. Wasan Media representatives resolutely denied sharing footage of any kind with Al Jazeera. The detained employees were held in a Baghdad prison. In the initial months of their detention they were denied access to legal representation and contact with their families. The media outlet is well known throughout Iraq and provides technical support to national 207 and international media organisations. On 7 August, a Baghdad judge threw out all charges against the employees citing lack of evidence. Nine of those detained were then released, while two remained in custody facing charges for possessing unlicensed weapons. The employees reported having suffered greatly during their harrowing and lengthy detention. Their experience signalled a worrying trend of indiscriminate targeting of Iraqi media for state harassment in which their individual rights, as prescribed by the International Covenant on Civil and Political Rights, are denied. The Al Jazeera satellite channel came under intensified scrutiny by the Iraqi Parliament on 9 May when parliament voted by a majority to take legal action against the station. The vote took place following the broadcast of a program questioning the political legitimacy of Shiite leader Ayatollah Ali Sistani. The report promoted demonstrations by members of the Shiite communities of Basra and Najaf. Al Jazeera has been banned from carrying out work in Iraq since August 2004, when the government charged the station with incitement to violence. According to an RSF report, several members of parliament proposed a motion to take the channel before the International Criminal Court in The Hague. Individual rights, as prescribed by the International Covenant on Civil and Political Rights, are denied Developments in the northern autonomous region of Kurdistan prompted concerns about press freedom in a region characterised by its relatively strong degree of safety. Kurdistan is one of the few regions in Iraq where local and international journalists can move about freely, but an increase in the attacks and arrests of journalists this year prompted concern that the threats plaguing the rest of the country were worsening in this once safe haven. Six journalists were killed in Kurdistan this year, all in the Kirkuk area. Four journalists were shot to death in ambushes carried out by militant groups and two were killed in roadside bomb attacks. World Press Freedom Review 208 2007 Israel An increase in the number of journalists arrested and detained by security forces in Kurdistan was also reported. In one incident in January, reporter Sirwa Abdelwahed said that Kurdish soldiers beat her cameraman and took his equipment. On 20 November, the Kurdish regional government announced a prohibition on visits by journalists to the bases of the Kurdistan Workers Party (PKK), a Turkish armed separatist group. On 11 December, a restrictive new press bill was approved by the Kurdish regional parliament, enshrining similar prohibitions and restrictions on journalists freedom, as well a number of financial penalties and criminal offences that would allow imprisonment for violation of press offences. The bill gave the government power to suspend newspapers and included a requirement that all editors-in-chief be members of the Kurdistan Journalists Syndicate (KJS). Welcome news came from President Masoud Barzani on 17 December, however, when he told a delegation of the KJS that he would reject the restrictive bill because it would serve to limit press freedom in the country. The bill remains under further revision and will be debated anew in 2008. ● A lthough the Israeli media usually operate with a much greater degree of freedom than is allowed in other areas of the Middle East, a number of repressive measures were undertaken this year to prompt concerns about how this freedom is being challenged by Israeli authorities. A journalist has been imprisoned and others face the threat of prosecution for traveling to Lebanon and Syria to cover developing political events. Israeli courts have also been accused of heightening censorship through their banning coverage of an increasing number of cases. jured by stun grenades or tear gas while covering Israeli ground operations. In one incident on 5 July, Palestinian cameraman Imad Ghanem, who works for the Al Aqsa satellite television channel, had to have both his legs amputated after being shot at by Israeli soldiers. According to a CPJ report, Ghanem was filming the transfer of victims of an Israeli tank shell in the Bureik refugee camp in central Gaza when Israeli tanks began firing at the area he was working from. Ghanem fell to the ground after being hit once in the leg. He was then shot twice more from a distance. Ghanem under- *Please visit the IPI website for a complete list of the journalists killed in Iraq in 2007. http://www.freemedia.at/cms/ipi/ deathwatch.html?year=2007 Nuclear whistleblower Mordechai Vanunu leaves Jerusalem's District court on 30 April 2007. On 3 July an Israeli court sentenced Vanunu to three-years in prison for speaking to foreign media. (AP Photo/Haim Zach) While generally respecting the safety of the Israeli media, authorities do not extend the same respect for media rights to journalists working in other areas of the region. The Israeli army poses a serious threat to the safety of journalists working in the Palestine Authority (PA), and has been responsible for violent attacks on journalists and preventing the free flow of news and information in the PA. The Israeli army has been repeatedly criticised for failing to distinguish between civilians and combatants during their operations, thereby endangering the lives of journalists. In incidents this year journalists have been wounded by Israeli gunfire during air attacks, while others have been in- went surgery in which both his legs were amputated. However, on 5 August reports were released that Israeli authorities refused to grant Ghanem permission to leave Gaza to travel to Egypt where he was to be fitted for artificial limbs. In a 21 May operation, the Israeli army carried out raids on five Palestinian TV and radio stations in the West Bank city of Nablus. Some of the stations were forced off the air after soldiers confiscated equipment. The work of Palestinian journalists is also severely limited by the closure of borders surrounding Gaza, which restrict all travel. Journalists working in the West Bank are also routinely denied the opportunity to travel for their work*. 2007 World Press Freedom Review 209 Jordan No such violent attacks were reported in Israel, but a number of other media developments sparked controversy within the country. On 3 July an Israeli court sentenced “whistleblower” Mordechai Vanunu to a three-year prison sentence for speaking to foreign media. Vanunu was arrested in 1986 and later convicted of treason and espionage for revealing information about Israel’s atomic weapon programme. He was released from prison in April 2004, but was barred from any contact with foreign nationals, from speaking to the media, from changing his address or from leaving the country. A magistrate’s court in Jerusalem ruled to send Vanunu back to prison on the basis of a breach of these parole conditions. The decision was met with widespread condemnation by the international community. Vanunu remains free pending appeal of the sentencing. A journalist has been imprisoned and others face the threat of prosecution for traveling to Lebanon and Syria The imprisonment and prolonged detention of a journalist from the Golan Heights also prompted concerns for media freedom in the country. Ata Farahat, a correspondent for Syrian public television and the daily Al Watan newspaper was arrested on 30 July and held in AlJalama prison, 14 kilometres southeast of Haifa. The Golan Heights was annexed by Israeli in 1981 and is under Israeli administrative control. Members of the Yassam security forces raided Farahat’s home in Buqata, in the northern Golan Heights in the early morning of 30 July. They carried out a search before detaining him. In the months that followed, Farahat was repeatedly brought before a Tel Aviv judge who continued to renew a provisional detention order against him. The Syrian Centre for Media and Free expression believed that Farahat might have been charged with “establishing contacts within an enemy state” as Israel and Syria have declared each other. The charges against Farahat were not immediately known due to a media ban ordered by the court that forbade the journalists’ lawyers and family from discussing the case and prevented the Israeli media from even reporting on the fact of this detention. Israeli Press Council secretary-general Avi Weinberg stated that Israeli courts are issuing media bans with increasing frequency. “As official military censorship is not very effective, the courts are nowadays being used to restrict the work of journalists. Requests by prosecutors or the security forces for restrictions on the coverage of certain cases are too readily granted by judges,” Weinberg said. On 6 December, Israeli police an nounced that they were recommending charges be brought against three journalists who visited Syria and Lebanon, countries with which Israel has no formal relations. The threat of prosecution was aimed at Ron Ben Yishai, a journalist with the daily Yediot Aharnot who had travelled to Syria in September, and at Lisa Goldman of the private Channel 10 television station and Tzur Shizaf who also reports for Channel 10 and for the Ma’ariv newspaper, who had travelled to Lebanon. Alon Sharabani, the officer in charge of the case told public radio, “We intend to ask prosecutors to indict the three journalists as with their illegal acts they not only put their lives in danger, but also the security of Israel.” The National Serious and International Crimes Unit questioned the journalists in November. Police said the journalists had breached the Infiltration Penetration Law when they failed to obtain clearance for their visits to Syria and Lebanon through the government. Israeli law forbids its citizens from travelling to “enemy states” without permission from the interior ministry. Breaches of the law can carry prison sentences of up to four years. Yishai, Goldman and Shizaf are all dual passport holders and are said to have entered the two prohibited countries using their foreign passports. Many journalists reporting throughout the Middle East travel using two passports so that they can continue to cover developing events despite complex travel restrictions in many parts of the region. ● *Further details of these and other events can be found in the 2007 report on the Palestinian Authority. A number of significant events targeting independent journalists this year show that despite media law reforms, press freedom is deteriorating significantly throughout Jordan. On 21 March the Lower House of Parliament voted to scrap Article 38 of the Press Law, which provides for the imprisonment of journalists. The Upper House, also known as the King’s Council, had recommended the move several times in recent years, but until this year had met with repeated resistance from the Lower House. At the same time, Article 42 (2) was amended to state that: “Detention as a result of enunciation of an opinion in speech, writing or through other means of expression is not allowed.” Press freedom is deteriorating significantly throughout Jordan While the move represents a victory for the Jordanian press corps, which has spent years lobbying for the removal of Article 38, the success is attenuated by the escalation of fines related to defamation charges, which were increased when the imprisonment provision was cancelled. Fines for defamation, libel, insult to religious beliefs or publication of material that fuel sectarianism or racism have been greatly increased; now reaching up to US$40,000. At the same time, while Article 38 has been removed, other tenets of the penal code, as well as the law concerning state security courts, allow for imprisonment for defamation or insulting religious beliefs. While its Western allies often portray Jordan as a model of democratic reform, the nation’s media are kept under tight surveillance and media licenses are rarely granted. ATV, the country’s first privately owned television station, was granted a license in 2005 but has still not been allowed to begin broadcasting. Journalists carry out their work amidst complex and continually changing media laws that are often used to impinge on their journalistic freedoms. On 25 April, the Lower House of Parliament endorsed a draft Access to Information law that will allow government greater control over the free flow of information. According to a report by the Arab Archives Institute, the provisions 210 included in the bill are greatly overshadowed by its many restrictions, which include prohibitions on access to information that contains “secrets” or “protected” documents. Neither of these terms is clearly defined, and the bill provides limited explanation about how documents are classified. Article 7 of the bill defines the seeker of information as a person who can demonstrate a “legitimate” interest or request. The draft also allows for the establishment of an information council, which consists entirely of government representatives. Critics condemned parliament for creating the bill without any civil society consultation. World Press Freedom Review within the country. Prior censorship is executed with worrying frequency in Jordan. Weekly newspapers, which rarely own their own printing presses and therefore rely on outside agencies to publish their editions, are open to a greater level of government interference and tend to be hardest hit. In two such instances in April, the government cited fears of harming relations with neighbouring countries as justification for censorship. On 30 April, authorities unlawfully stopped the publication of the bi-weekly Al- Majd when the newspaper refused to remove a report on an alleged secret plan by the U.S. and Jordanian lawmakers are seen during a parliamentary session in Amman on 21 March 2007. during which they endorsed changes to the country's controversial press and publications law abolishing a clause that carries jail terms for journalists. (AP Photo/Mohammad abu Ghoshx) Further changes to the media landscape came on 25 September when the Press and Publications Department announced that online publications would fall under the same level of scrutiny as the print media. Department head Mohammad Quteishat stated in an interview with the Jordan Times that Article 2 of the press law “clearly indicates that the electronic media is under our jurisdiction,” and as such will be subject to the same legal responsibilities. In other attempts to restrict the publication of critical opinion, the Jordanian government resorted to several acts of prior censorship, representing a significant decline in respect for press freedom Arab allies to support Palestinian President Mahmoud Abbas to oust rival Hamas party from government. The newspaper has been a frequent subject of state censorship policies, though in this case, was able to publish the report on its website. In an article with Article 19, editor Fahd Al Rimawi said, “The government is assassinating freedom of expression in the name of good relations with Saudi Arabia, Palestine and the United States.” On 25 April, authorities seized a taped Al-Jazeera interview with former crown prince Hassan bin Talal from one of the station’s representatives as he was leaving Amman’s Queen Alia airport. Intelligence officers stopped the Al Jazeera producer 2007 just hours after the interview had taken place, confiscating the video footage and several photographs of Prince Hassan. Ghassan Benjeddou, Al-Jazeera’s Beirut bureau chief reported that he spent several days in negotiation with authorities in an effort to have the material returned but was ultimately refused after being told that certain contents of the information were deemed harmful to a sister nation. In the interview, conducted by Benjeddou, Prince Hassan spoke critically of Saudi Arabia and U.S foreign policy in the Middle East. While its Western allies often portray Jordan as a model of democratic reform, the nation’s media are kept under tight surveillance In other examples of state interference with the media, Foreign Affairs Minister Abul Elah Alkhateeb brought a lawsuit against the weekly Al-Hilal newspaper on 27 January after the newspaper published criticism of the minister’s performance. Charges of defamation and insult were brought against Al-Hilal’s editor-in-chief Naser Kamsh and journalist Ahmed Salama over a column published in the 1824 January issue. In a meeting held at the government controlled Jordan Journalists Syndicate, which representatives of AlHilal were not invited to attend, Alkhateeb is said to have stated that he filed the lawsuit because the column had made him appear weak before his clan, which had threatened to raze the Al Hilal building to the ground and beat Salama if Alkhateeb didn’t take steps to restore his dignity. In Jordan’s first instance of arrest in relation to online information, former parliamentarian Ahmad Oweidi Abbadi was incarcerated on 3 May after he posted an open letter to US Senator Harry Reid in which he accused King Abdullah’s government of corruption. A member of parliament from 1989 to 1993 and from 1997 to 2001, Abbadi is head of the Jordan National Movement, a party not recognised by the government. On 9 October, a state security court sentenced Abbadi to two years in prison for “attacking the state’s prestige and reputation” by 2007 World Press Freedom Review 211 Kuwait posting his critical comments online. Abbadi’s detention and the sentencing that ensued took place in direct violation of recently reformed Article 42 (2) and proved that legal reforms to improve the Jordanian media environment represent superficial changes that are not supported in practice. The government is assassinating freedom of expression in the name of good relations with Saudi Arabia, Palestine and the United States Amidst these harsh bureaucratic restrictions, Jordanian journalists are also subjected to harassment through violent means. On 31 January, journalist Khaled Al Khawaja was beaten by Jordanian General Security agents while covering a public event at the Adha Centre in the Ain Basha region. Three security agents beat Khawaja, who works for the Al Ra’ai newspaper, until he was rendered unconscious. He was left alone on the floor for thirty minutes before being transferred to Hussein hospital in nearby Salat. Khawaja sustained a broken arm and numerous bruises during the attack. The journalist, whose newspaper publicly condemned the attack, reported that he has been the subject of repeat physical harassment at the hands of the same security agents. Al Ra’ai also reported that Khawaja received telephone calls from Prime Minister Ma’aroof Bakheet, as well as the head of the General Security agency, to enquire about the status of his health following the brutal beating. ● *IPI gratefully acknowledges the Arab Archives Institute for information contributed to this report. K uwait’s reputation as a country that tolerates critical media was tarnished this year by the arrest and detention of two Kuwaiti journalists and three Bloggers by state security forces. Kuwait has been recognised as having a healthier level of press freedom than other Gulf States, with aggressive reportage of current events regularly appearing in the press. However, the version of media freedom that exists here is a qualified one and criticism of the Emir is forbidden and punishable by criminal conviction. The regimes’ failure to recognise that government leaders and ruling figures should be exposed to the same level of scrutiny as other individuals threatens the ability of the media to fulfil it’s role as a watchdog of public institutions. Bashar Al-Sayegh, editor of the daily Al Jarida newspaper, was arrested by order of the general prosecutors’ office on 20 August after an anonymous user posted a comment criticising the Emir on an open news forum www.alommah.org, which Al-Sayegh moderates. The editor was detained until 22 August and charged with insulting the Emir of Kuwait in violation of both the penal code and press law. Article 54 of the Kuwaiti constitution stipulates that the Emir is the head of state and that his person “shall be immune and inviolable.” Article 25 states that a prison term not exceeding five years will be handed down to anyone who publicly challenges the rights or authorities of the Emir or who insults him in speech, writing, drawing, or by any other means of expression. On 22 August, several cars carrying state security officers, dressed in civilian clothing, surrounded the A Jarida offices on Fahd Al-Salem Street in Kuwait City to arrest Al-Sayegh. Jassim Al Qames, another editor at the paper, photographed the police activity and handling of his colleague. In response, the state security officers arrested Al Qames on charges of obstructing police activity. The officers tried to confiscate his camera before forcing him into a vehicle and taking him to Bashar al-Sayeigh, political writer for the Kuwaiti daily Al-Jarida, celebrates in Kuwait City on 21 August 2007 after being released from the State Security jail. (AP Photo/Gustavo Ferrari) the central state security office. In a detailed account published by the newspaper, Al Qames described how officers questioned him during the car ride, and repeatedly hit him in the face. The editor was blindfolded as he was transferred between the investigation and prison buildings. Al Qames was released after several hours in detention. The following day he was made to sign a pledge saying that he would not resist or obstruct the work of security officers and that he would appear before the security services at any time if summoned. Al Sayegh was initially held in the state security office before being transferred to the public prosecution’s office. World Press Freedom Review 212 2007 Lebanon The editor had deleted the critical post of the Emir prior to his arrest, just hours after it was posted. Shortly after his arrest, Al Sayegh gave the IP address of the poster to state security officers. Despite offering authorities his full cooperation, Al Sayegh was held in detention for two days. Given that the charges against Al Sayegh were in connection with a thirdparty comment posted online, the measures taken against him were seen to be highly disproportionate. The arrests represent the biggest crackdown on Internet use by Kuwaiti authorities in recent years On 23 August, the individual who posted on Al Sayegh’s website, later identified as Nayef Abdullah Al Ajmi, was arrested along with three other Bloggers. The Bloggers were referred for prosecution but limited information has been made available about their cases. The arrests represent the biggest crackdown on Internet use by Kuwaiti authorities in recent years. In the days following these arrests, the English daily Kuwait Times reported that the state news agency censored information about the treatment of the journalists and Bloggers. Kuna, the state news agency, translates the headlines from the front page of the seven Arabic dailies and adds these to the headlines of the country’s English newspapers each day. The full list is then posted on Kuna’s website and is meant to provide Kuwait’s Englishspeaking residents with an idea of what the nations’ media is reporting. On the days surrounding the journalists’ arrest Kuna omitted the headlines of several major dailies that reported these press freedom violations on their front pages. Commentators for the newspaper reported that such omission might suggest that the arrest of Al Sayegh and Al Qames was politically motivated. ● O n 29 December, Lebanon’s speaker of parliament postponed the election of a new president for the 11th time in less than four months. There is no possibility of holding a presidential election without an agreement on the formation of a national unity government, but as the country is gripped in the worst political crisis it has seen since the end of the long civil war in 1990, it is difficult to forecast when that will take place. Meanwhile, it is feared that as the deadlock over the presidential outcome continues, tensions will rise, potentially trig- they covered the aftermath of a bomb blast in Aley, a mountain town east of Beirut. In one incident, a crew from satellite channel New TV were approached by a group of men as they interviewed residents and filmed the explosion site. Then men inquired about the crew’s employer and, upon identifying the New TV logo, began to beat the crew, insulting them in the process. Reporter Christine Habib and cameramen Saed Ayas and Ghassan Al-Hagg were caught up in the attack. According to a CPJ report, Al Hagg suffered a dislocated shoulder, bro- Lebanese army soldiers patrol the main destroyed street inside the Nahr el-Bared Palestinian refugee camp in northern Lebanon on 28 September 2007. Journalists had previously been barred for weeks from covering wide scale fighting at the camp between Lebanese soldiers and a militant group. (AP Photo/Hussein Malla) gering wider unrest. The scenario has meant greater vulnerability and insecurity for the Lebanese press, which has become increasingly politicised in recent years. Many Lebanese media outlets are owned or operated by particular political groups, and as a result, their reporters are being seen as affiliated with one political movement or another. The result has been an increase on the number of attacks on journalists as critics see them as legitimate targets for their opposition to a political party. On 23 May, civilians attacked crews from three different television stations as ken nose and teeth as well as injuries to his left ear. New TV is often affiliated with a pro-opposition stance in its coverage of political affairs. In another worrying development, jour nalists were barred from covering clashes between Islamist militants and the Lebanese army at the Nahr el-Bared Palestinian refugee camp in northern Lebanon in May. Soldiers beat some journalists who tried to gain access to the area to report on developing events. Fighting broke out between the Lebanese army and the militant Fatah Al-Islam, an extremist group said to share Al Qaeda ideology, on 18 May, after security forces 2007 World Press Freedom Review 213 Libya raided a building in Tripoli to arrest suspects in a bank robbery. Fatah al-Islam militants then attacked army posts at the entrances to the camp. A large force of Lebanese troops hit back, bombarding the camp. The violence left more than 50 people dead and trapped more than 30,000 Palestinian refugees inside the camp. In the days that followed, more than 12,000 refugees were forced to flee the camp. The country is gripped in the worst political crisis it has seen since the end of the long civil war in 1990 On 21 May, the army issued a ban on journalists, both foreign and local, from entering the refugee camp. Authorities initially told journalists they were being barred for safety reasons, but no public explanation was provided. Even as the situation in the camp began to stabilise days later, the ban was kept in place and journalists continued to be barred from filming any images of the army, the artillery or targets hit. The army also forced journalists to leave a nearby high rise building that had been used as main press location, moving them instead to a building that was further away and had obstructed views of the camp. A number of journalists reported that the ban was put in place to prevent media coverage of the humanitarian crisis unfolding inside the camp. Soldiers beat a number of journalists when they refused to obey army orders against filming the exodus of refugees to nearby Bedawi camp. Wael Al-Ladifi, a photographer with Al Akhbar newspaper, reported that soldiers attacked him as he photographed the refugees, taking him to a nearby tank where they beat him and called him an Israeli spy. Al Balad photographer Asad Ahmad reported that an army captain who tried to confiscate his camera attacked him. Agence-France Presse photographer Ramzy Haider and Al-Alam cameraman Ali Tahimi also reported being attacked by members of the army. As the unstable security situation framing journalists working conditions continue to pose threats to their safety, another year passed without any charges being laid against the perpetrators of the worst attacks against the Lebanese press in recent years. The perpetrators of bomb attacks which killed An Nahar columnist Samir Qassir and publisher Gibran Tueni and which brutally maimed Lebanese Broadcasting Corporation anchorwoman May Chidiac in 2005 remain at large, with little evidence being publicised that suggest authorities are close to identifying those responsible. On 4 June, the Unity Nations Security Council passed resolution 1757 establishing an international criminal tribunal to prosecute those responsible for assassinating former Lebanese Prime Minister Rafik Hariri in 2005. The resolution indicates the tribunal will also have jurisdiction over the cases of other political figures and journalists targeted for assassination before ● and after Hariri’s murder. O n 2 March, festivities marked the 30th anniversary of Libyan leader Muammar Qaddafi’s proclamation of the Great Socialist People’s Libyan Arab Jamahiriya, but the country’s journalistic community had little to celebrate. Though a Reporters Without Borders team was permitted to meet with journalists, civil servants and government officials during a September 2006 trip to the country, concerns that efforts to open up internationally would have little real effect on the domestic media environment proved justified. Throughout the year, reports of jailed journalists, both old and new, confirmed that conditions remain repressive. The lack of real progress was evidenced not just by news of abuse, but also by the absence of available news regarding lingering cases. The whereabouts of Abdullah Ali Al-Sanussi AlDarrat, a journalist arrested in 1973, remained unknown, with authorities refusing to provide information and many convinced that he might have died in detention. Assuming Al-Darrat is alive, he would now be approximately 60 years old. In addition, no arrests were made in connection with the 2005 torture and murder of journalist Daif Al Ghazal, who criticised both the government and the Movement of Revolutionary Committees before his death. The arrest and prosecution of twelve men for announcing plans to peacefully demonstrate in Tripoli on 17 February once again illustrated the potentially devastating implications of the country’s harsh penal code. The demonstration was meant to commemorate a clash between protestors and police in another city, Benghazi, one year earlier. On that day in 2006, an angry crowd attacked Italy’s consulate after an Italian official defended cartoons of prophet Mohammed published in European newspapers, resulting in 11 deaths after police forcefully intervened. The men, who were arrested in early February, were accused of planning to overthrow the government, possessing arms, and meeting with an official from a foreign government. According to Human Rights Watch, the defendants face the possibility of execution, with Libya’s penal code calling for the death penalty for offences such as belonging to 214 World Press Freedom Review 2007 Morocco a group ‘proscribed by law’ and talking to foreign officials to “contribute to an attack against Libya,” conspiring with a foreign official to harm Libya’s ‘diplomatic position’ is punishable by up to life in prison. Several of the defendants admitted meeting an U.S. embassy official and informing him of their planned demonstration, but all twelve have denied the remaining charges. The main organiser of the demonstration, Dr. Idris Boufayed, had lived in exile in Switzerland for 16 years, and had openly criticised Qaddafi in the past. He was also in charge of the National Union for Reform, an exile group. He returned to Libya in late 2006, after high-level officials insisted it was safe for government critics to return. When letters of his were published on a Libyan opposition website, Boufayed was detained for 55 days in late 2006. Jamal Ahmad Haji, one of the other defendants, has also written critically about the government in the past, including just a few days before his arrest. He holds Danish citizenship, but the Libyan government has nonetheless refused visit requests from the Danish government. The remaining defendants are: Al-Mahdi Humaid, AlSadiq Salih Humaid, Faraj Humaid, ‘Adil Humaid, ‘Ali Humaid (five brothers), Ahmad Yusif al-’Ubaidi, ‘Ala’ al-Dirsi, Farid al-Zuwi, Bashir al-Haris, Al-Sadiq Qashut. Nothing indicates that any of the fourteen men ever advocated violence. In addition, two other men arrested in connection with the incident in early 2007 have not been heard of since: Abd al-Rahman al-Qotaiwi, a fourth-year medical student who apparently helped organise the demonstration, and Jum’a Boufayed, the brother of the main organiser, Dr. Idris Boufayed. Boufayed is not believed to have been involved in the planning, but was arrested a few hours after speaking about his brother’s arrest to a Libyan website based outside of the country. Libyan authorities have refused to provide any information about either of the men, and it remains unclear whether they currently face any charges. The Libyan president himself this year made liberal use of restrictive laws in several of the region’s remaining countries, suing, for example, three newspapers in Niger for defamation in mid-October, after they suggested that his government funded rebel uprisings in northeastern Niger. His request for a fine was reported as constituting 100 times the usual amount requested, placing the publications in financial peril. Although the Niger government sought to quell concerns regarding the judiciary’s potential bias in the matter, concerns about a lopsided trial remained, particularly given Libya’s past assistance to the Niger’s government in its dealings with the rebels. Other methods of intereference with the media were subtler. In December, Lybia was one of several Arab nations accused of interfering with speakers and participants looking to attend the Arab Free Press Forum, held in Lebanon. More specifically, journalists indicated that their attendance was meddled with by way of a variety of travel restrictions, such as delayed passport renewals, questioning of presented travel documentation or simply being preventing from boarding their flights. Other countries accused of engaging in these tactics included Syria ● and Tunisia. M uch of the this year’s news on press freedom in Morocco centred around the trial of Driss Ksikes, director and publisher of the weekly magazine Nichane, and journalist Sanaa Al-Aji, who were charged on 20 December 2006 with “offences against the Islamic religion” and “publication and distribution of written material opposed to moral values,” under Article 41 of the Press and Publication Law 2002. The charges were based on a December 2006 Nichane article analysing traditional Moroccan street jokes on religion, politics and sex. They carry possible prison terms of three to five years, and fines ranging from approximately US$1,500 – 15,000. At the time of the article’s publication, Prime Minister Driss Jettou also issued an order prohibiting the sale of Nichane magazine, ordered copies to be removed from news stands, and closed its website. Communication Minister Nabil Benabdallah later announced that the ban on the magazine was indefinite, pending the outcome of the trial. Soon after, several staff members were threatened. The publishing ban caused major financial losses. The year’s developments prompted press freedom organizations, to identify Morocco as one of several Northern African nations in which conditions for journalists were actually regressing On 8 January, the trial began in Casablanca. IPI spoke out on the matter, emphasizing that freedom of opinion and freedom of expression are guaranteed under Article 9 of the country’s constitution, and called on Luisa Fernanda Rudi Ubeda, Member of the European Parliament and Chairwoman of the European Parliament’s Delegation for Relations with the Maghreb Countries and the Arab Maghreb Union, to use the delegation’s influence to call for the charges against Ksikes and Al-Aji to be dropped, as well as for the reversal of the publishing ban issued against Nichane magazine. 2007 World Press Freedom Review The trial began on a troubling note, with the prosecutor requesting sentences of three to five years in prison, fines, a ban on the two journalists from working, and the paper’s indefinite closure. On 15 January, the court imposed suspended sentences of three years in prison, and fines of about US$10,700. The court also ordered Nichane to be closed for two months, but did not ban the two men from continuing their work as journalists, a penalty generally available for criminal offences only, and not under the country’s press law, pursuant to which the men were tried. Nichane eventually resumed publication, but, in early August, Moroccan police again seized copies of the magazine from newsstands, and also confiscated copies of its sister weekly, TelQuel, at the printing press used by both magazines, after Nichane ran an editorial written by Ahmed Benchemsi, the publisher of the two weeklies, questioning King Mohammed VI’s commitment to democracy. Moroccan Prime Minister Driss Jettou subsequently criticized Nichane magazine for being disrespectful, and Benchemsi was charged with failing to show “the due respect to the King,” an offence under Article 41 of the press law, which carries possible penalties of three to five years in prison and a fine of up to US$13,500. Other publications were subjected to harassment by way of legal measures. In January, Aboubakr Jamaï, managing editor of the Casablanca-based weekly Journal Hebdomadaire, resigned to spare the newspaper from paying a large amount in damages, imposed on Jamaï and one of his reporters in an April 2006 sentence for libel. The European Strategic Intelligence and Security Centre (ESISC) brought the suit over a December 2005 article questioning the objectivity of a report it issued about the Polisario Front, which is seeking independence for Western Sahara. Given that Jamaï was personally unable to cover the payment, authorities could have targeted the newspaper’s assets, guaranteeing its forced closure. In fact, in December 2006, court bailiffs had already approached the newspaper about making the payment of about US$413,000 in damages. The Journal Hebdomadaire has often been targeted for harassment by authorities, including in the form of tax inspections and advertising boycotts, as well as with lawsuits. In April, a Committee to Protect Journalists (CPJ) delegation, returning from a nine-day mission to Casablanca and Rabat, reported a troubling pattern of punitive judicial sanctions, both criminal and civil, that posed a serious threat to Morocco’s independent press. It also expressed concern about proposed amendments to the country’s press law, which would keep in place tough criminal penalties and possibly add new restrictions on the news media. In fact, one month later, the organisation included Morocco on its list of ten worst “backsliders” as far as press freedom is concerned, noting that it has been considered a leader in the region in the past, but could no longer be considered as such, particularly in light of the high number of journalists recently sentenced to prison terms in the country, often due to politically-motivated judicial proceedings. Also in May, Moroccan Internet server (ISP) Maroc Telecom blocked access to the video-sharing website YouTube, claiming this was due to a “technical problem.” However, the smaller, privately-owned ISPs Wana and Méditel still permitted access to the website, sparking suspicions that Maroc Telecom may have blocked the site after videos showing independence demonstrations for the Western Sahara were posted on it. There was some positive news in July, with the opening of a media-monitoring centre in the country. The centre, located in Rabat, was opened by the Federation of Arab Journalists’ (FAJ), and will be run on its behalf by the Syndicat National de la Presse Marocaine, a Morocco-based affiliate of FAJ and the International Federation of Journalists. It will publish reports and statistics, commission surveys and other studies on all aspects of journalism in the Arab world, making use of its location to provide thorough and upto-date information. Later that month more bad news emerged. Abderrahim Ariri, the publisher of the weekly Al Watan Al An (The Nation Now), and journalist Mostapha Hurmatallah were arrested in Casablanca, after an Al Watan Al An issue ran a series of stories by Ariri and Hurmatallah regarding Morocco’s state of alert, which was raised to the highest level on 6 July, without any precise information about 215 the possible threats involved. The series included the publication of the text of an internal security memo circulated by the General Directorate for Territorial Surveillance (DGST), an intelligence agency, which noted that an online video by a terrorist organisation included “a solemn call for jihad against all the Maghrebi governments, identifying Morocco by name.” When plain-clothes police arrested Ariri and Hurmatallah, they were taken to police headquarters for questioning, and then to their publication’s office, which was searched. Approximately 90 per cent of the paper’s files, as well as Ariri’s computer, mobile phone and diary, were seized. Prosecutor general Moulay Abdallah Alaoui Belghiti subsequently appeared on television to announce that he had ordered an investigation regarding the leak, and that the two journalists would be prosecuted for publishing “reports of a confidential nature linked to defence secrets.” The two men were charged with “receiving documents obtained by criminal means” under article 571 of the criminal code, which carries a possible prison sentence of one to five years. The first hearing in their trial was scheduled for 26 July. On 24 July, the prosecutor’s office released editor Ariri, held at police headquarters since 17 July, but sent Hurmatallah to Okacha prison pending trial. On 15 August, Hurmatallah was convicted and sentenced to eight months in prison. Ariri received a six-month suspended sentence on the same charge. Hurmatallah and Ariri were also each fined approximately US$150. Press freedom organisations noted with concern that Hurmatallah’s sentence marked the first time since October 2004 that a journalist has been sentenced to spend time in prison in Morocco. On 11 September, an appeal court granted a request for the provisional release of Hurmatallah pending the outcome of his appeal of his prison sentence, so that the journalist could be with his family during Ramadan. Nonetheless, on 18 September, the appellate court merely reduced his prison sentence by a month (to seven), and similarly reduced Ariri’s suspended prison sentence (to five months). The court also upheld the fine initially imposed on the journalists. World Press Freedom Review 216 2007 Oman Hurmatallah’s lawyers planned to petition to the court of final appeal. Throughout the year, discussions of possible amendments to the country’s 2002 press law surfaced, but provided little comfort to the media. Most disconcertingly, the amendments did not envision decriminalising press offences, and would keep in place offences recently used to convict journalists, such as ‘insulting the king’ and ‘insulting the sacredness of institutions’, which are punishable by imprisonment of up to five years, and for which judges can suspend a publication or permanently close it down. While some articles would be amended to no longer carry prison sentences, another article would reintroduce prison sentences for repeat offenders, which threatens to produce an inevitable chilling effect on journalists with one conviction. Moreover, the proposals envisioned that the government would continue to have the right to ban newspapers, local and foreign, if they ‘undermine Islam, the monarchy, national territorial integrity or public order.’ In addition, the amended law would provide at most weak protection for journalists’ right to protect the confidentiality of their sources, even eliminating this right before a court. Finally, the proposed changes included disconcerting provisions outlining the selection process for members of the National Press Council (CNP), as well as the extent of disciplinary powers extended to the organization, which would include the right to ban someone from working as a journalist. In October, the year’s developments prompted press freedom organizations, in a joint statement expressing concern about violations in many African countries, to identify Morocco as one of several Northern African nations in which conditions for journalists were actually ● regressing. T he Omani media is highly regulated by authorities that enforce restrictions on critical reportage of state affairs and on information that is deemed politically, culturally or sexually offensive. In particular, critical coverage of activities undertaken by long-ruling Sultan Qaboos is a taboo and underreported subject. There were no physical attacks or legal cases targeting journalists reported this year, but this was much more indicative of the pervasive and widespread practice of self-censorship than with an openness to plurality of opinion on the part of the ruling regime. Oman’s basic charter provides for freedom of the press but a number of laws restrict this right in practice. Libel is a criminal offence and is punishable by imprisonment and hefty fines. The vaguely written laws enshrined in the 1984 Press and Publication Law prohibit the publication of information that may lead to public unrest, which abuses a person’s dignity or which violates state security. The state security court can try an individual charged with publishing information that violates state security. Freelance journalism is prohibited in Oman and, since 2005, all media representatives are required to apply for licenses to practice journalism. Journalist identity cards must be reapplied for every year, although to date there have been few reports of journalists being denied renewal. Freelance journalism is prohibited in Oman Despite a high level of government regulation, information is widely available. Analyses of public affairs appear in the press, though it is more commonly found in online publications. Journalists are limited in their access to “sensitive” documentation, however, and are rarely given the opportunity to investigate state documents. Access to sources is limited, and is often easier for representative of state-run media outlets, making it difficult for journalists to freely cover the news. The state-run Oman News Agency usually disseminates public information before it is made available to media outlets. Four privately-owned and two staterun newspapers are published daily. Each newspaper has its own printing press, although most receive government subsi- dies and are therefore subject to pressures exerted by the regime. The government controls a monopoly on radio and television stations and is highly restrictive regarding the granting of broadcast license. The Internet exists as the most open space for debate and dissemination of alternative viewpoints, although the stateowned Internet service provider Omantel heavily filters it. Heavy scrutiny means that few local blogs and websites exist and those that do are subject to monitoring. ● *IPI would like to gratefully acknowledge Freedom House for information contributed to this report. An Omani man casts a ballot to elect members of the country's consultative Shura council, in Muscat on 27 October 2007. (AP Photos/Hamid Al-Qasmi) 2007 World Press Freedom Review 217 Palestinian Authority Mission Country Death Watch Country (2) T he Palestinian Authority (PA) has become one of the most dangerous areas in the world for journalists to work. Safety standards have all but deteriorated as media representatives face threats from inter-Palestinian fighting and from Israeli attacks. The Palestinian press is known for its vigorous coverage of political affairs and reports with a greater degree of candour than is seen in most areas of the region. However, the ability of the press to carry out its role as a public watchdog has been sabotaged by the near constant threat of violent attack. both parties agreed to form a national unity government in February 2007. However, in May, major differences over control of the security forces sparked wide scale fighting between the two sides. This period of extreme instability involved the death of more than 100 Palestinians in Gaza and led to an outbreak of attacks against journalists. In June, Hamas took control of the Gaza Strip after six days of intense fighting. The move prompted President Abbas to dissolve the national unity government on 15 June, calling a state of emergency. The end result has been a partitioning of the two areas with the West Bank ruled by Fatah and Gaza ruled by Hamas under the leadership of former Prime Minister journalists, dozens of whom have been attacked following accusations of working for partisan media. The majority of violent incidents carried out this year have been reprisal attacks carried out by armed groups affiliated with the Hamas and Fatah movements. Journalists report that they have been beaten, threatened and pressured to align with a particular faction. Additionally, since taking over control of Gaza the Hamas government has attempted to impose restrictive media policies. At the same time, the Israeli army has been repeatedly criticised for failing to distinguish between civilians and combatants during their operations within the PA, thereby endangering the lives of journalists. Since taking over control of Gaza the Hamas government has attempted to impose restrictive media policies Two journalists have been killed and dozens of others have been injured as fighting between rival political factions Hamas and Fatah escalated this year. Journalists have also suffered serious injury from Israeli attacks including one incident that resulted in a cameraman having to have both legs amputated. Raids on broadcast stations have become commonplace, and stations have been forced off the air, interrupting the free flow of news and information. The wave of kidnappings grows ever stronger as the 112-day abduction of BBC journalist Alan Johnston demonstrated. At many points throughout 2007 the threat of abduction was so high that foreign journalists were not able to enter Gaza, compromising the ability of the outside world to learn about the growing humanitarian crisis occurring there. The PA has been marred by political instability throughout 2007. Friction between Hamas, the ruling Islamic political party that won a surprise victory in the January 2006 elections, and the Fatah political party of President Mahmoud Abbas, seemed to ease temporarily when IPI Chairman Piotr Niemczycki, former IPI Director Johann P. Fritz and members of the IPI Mission to Ramallah meet with Palestinian President Mahmoud Abbas on 6 June 2007. IPI undertook the mission to advocate for the release of abducted BBC journalist Alan Johnston. (IPI Photo) Ismael Haniyeh. Israel, the U.S., the E.U. and other foreign governments have imposed sanctions on the Gaza Strip since the June takeover and Israel has completely closed the surrounding borders. According to the International Red Cross, the shortage of electricity, food and medical supplies has sparked a humanitarian crisis in Gaza. It is in this context of growing insecurity that Palestinian journalists carry out their work amidst intense pressures. The political divisions between Fatah and Hamas have had a devastating affect on In several incidents at the start of the year, government officials were reported to have threatened media outlets over coverage that was deemed unfavourable. In one specific incident, Hamas officials threatened to prosecute the Al-Arabiya satellite TV station and suspend its broadcasts in the PA if the station did not formally apologise for broadcasting footage of a controversial report on former Prime Minister Haniyeh. On 22 January, a bomb was set off outside the offices of Al-Arabiya, which also houses the bureau of Saudi TV station MBC and British 218 news agency Reuters. No injuries were reported but the offices were severely damaged. Several Al-Arabiya journalists received threatening phone calls the same week, following Haniyeh’s public condemnation of the station. On 4 January, gunmen raided the state-owned WAFA news agency in the West Bank city of Nablus, destroying computer equipment. According to WAFA journalists Mahmoud Makhlouf, the assailants were critical of the agency for allegedly focusing its coverage on activities of the Fatah party. Raids of this nature were carried out throughout both the West Bank and Gaza with alarming frequency, having a terrorising effect on the journalist working throughout the region. World Press Freedom Review media support worker were killed and dozens of journalists reported fear for their lives amidst the outbreak of tensions. Mohammad Awad al-Joujou, a journalist for the Hamas affiliated website Palestine live was killed by gunmen in Gaza City while on his way to cover the clashes on 15 May. Two days previous, on13 May, Suleyman Al-Ashi, business editor with the pro-Hamas daily Palestine, and Mohammed Mattad Abdo, the newspaper’s distribution manager, were fatally shot in Gaza City. According to a CPJ report, gunmen wearing presidential guard uniforms had stopped the journalists’ taxi in a highsecurity area southwest of Gaza City that was controlled by Fatah. A number of reports stated that the assailants dragged Palestinian cameraman Imad Ghanem lies on a bed at the Al Shefa Hospital in Gaza City on 6 July 2007. Ghanem's legs were amputated after he was shot three times by Israeli soldiers during an operation in Gaza. (AP Photo/Hatem Moussa) On 2 February the Qassam Brigades, a militant group affiliated with Hamas, carried out an armed attack on the AlAmal radio station in Gaza City. The station is operated by the Workers Union and associated with Abbas’ Fatah party. Assailants fired at the office using RPGtype rockets, forcing the station off the air. They then stormed the building, destroying equipment and damaging the station’s antennae. A surge in inter-factional violence in May led to complete immobilisation in much of Gaza. Two journalists and one Al-Ashi and Abdo onto a public street where they beat and shot them. Al-Ashi died at the scene and Abdo died in hospital hours later. A spokesman for President Abbas issued a report to deny any Fatah involvement in the deaths. On 16 May, the Palestinian Centre for Development and Media Freedoms (MADA) reported that Fatah gunmen had taken over the roofs of two Gaza City buildings that housed a number of news agencies, including the BBC, Al-Jazeera, the Turkish Ihlas News Agency and the Lebanese Broadcasting Corporation 2007 (LBC). The gunmen had first clashed with Hamas fighters on the ground outside the buildings, trapping more than 40 journalists in the middle of heavy shooting. The buildings sustained extensive damages and vehicles belonging to several stations were destroyed. The journalists were trapped inside the buildings for several hours but no one was hurt. During the siege in May, most residents were forced to stay indoors and TV journalists were, for the most part, limited to filming from the windows of their bureaus. Assailants dragged Al-Ashi and Abdo onto a public street where they beat and shot them Serious threats were issued to female employees of the state-run Palestinian Broadcasting Corporation (PBC) on 1 June when the PBC received an email from a group called the Swords of Truth condemning a “loss of morality” in the station and criticising its female journalists for appearing on camera in western dress, wearing makeup and without a veil. The email threatened: “We will cut throats and veins if necessary to protect the nations’ morals and ethics.” The Swords of Truth have claimed responsibility for more than 30 bomb attacks on Internet cafés in the Gaza Strip, which they have accused of providing young Palestinians with access to pornography. Several PBC employees did not attend work following receipt of the threats, deciding instead to protest outside the presidential palace in Gaza City to demand the protection of authorities. Perpetrators of attacks on journalists carry out their threatening activities in a culture of complete impunity as the governments of Fatah and Hamas have both shown a complete lack of resolve toward prosecuting the responsible assailants. On 5 June, gunmen raided the offices of the independent Palmedia news agency in Gaza City. It is suspected that members of the security services may actually have been involved in the attack. After taking control of Gaza in June, the Hamas government began to crackdown on the media through a number of forms of harassment. Militants linked to Hamas raided the offices of the Palestinian Journalists Syndicate (PJS) on 19 2007 World Press Freedom Review 219 June, days after a senior member of the syndicate, Tawfiq Abu Khousa was detained by Hamas security forces and accused of supporting the Fatah party. In August, Hamas militiamen attempted to arrest PJS member Sakher Abue El Oun, but were prevented from entering his home by a group of protestors that had gathered outside it. Many Gaza leaders of the syndicate were forced to flee to the West Bank following the intimidating measures targeting their colleagues. On 3 September, Hamas announced a decision to dissolve the Gaza branch of the PJS, accusing its members of being affiliated with Fatah. Hamas also an nounced plans to create a Government Committee for the Media. The move is said to have come in retaliation for the PJS’s publication of a statement criticising the increase in attacks on journalists by members of the Hamas paramilitary Executive Force. Perpetrators of attacks on journalists carry out their threatening activities in a culture of complete impunity In the months that followed the Executive Force carried out searches, detentions and attacks on journalists. Tawfik Abu Jarad, a PBC employee, was detained from 2 to 4 September after his home was searched and his camera and computer seized. Jarad was interrogated about his work and reported being beaten whilst in custody. He was hospitalised upon his release. On 31 October, the Hamas government announced that no journalist would be allowed to continue working in Gaza without first obtaining a press card from the information ministry. The move was seen to be implemented in order to give the Hamas government increased control over the flow of information in Gaza and to allow them to ensure that only pro-Hamas media are allowed to report. Many media organisations operating in the area refused to comply with the regulation. The partition of the Gaza Strip and the West Bank made it next to impossible for stations seen to be affiliated with a particular party to operate in opposing territory. Pressures have been particularly high in Gaza, where the only nationally based broadcast media that have been able to operate are those political and religious stations directly controlled by Hamas. The state-run press were forced to move to the West Bank and broadcast media owned or affiliated with Fatah have had to stop operating. According to an RSF report, nine media outlets have been forced to close their Gaza-based offices. Foreign correspondents faced serious security problems amidst the constant threat of abduction. Nine media outlets have been forced to close their Gaza-based offices Activities in the West Bank have also been quite troubling, with Fatah forces carrying out a number of attacks against pro-Hamas media. The politicisation of the media has made journalists targets in an ever-polarising situation. Palestinian preventative security forces arrested Al Aqsa-TV journalist Alaa Al-Titi and cameraman Ossayd Amarneh on 5 November after they carried out an interview with members of a Hamas deputy arrested by the Israeli army. No charges were presented against the journalists when they appeared before a Hebron judge on 20 November. The families of the journalists refused to pay the requested bail of US$ BBC reporter Alan Johnston waves as he arrives on the Israeli side of Erez Border crossing on 4 July 2007 following his release from 114 days in captivity in Gaza. (AP Photo/Tsafrir Abayov) 3,000 in protest at charges they deemed to be unjustified. The two journalists were released on 24 November and await trial on, as of yet, unpublicized charges. Mou’taz Al-Kurdi, head of the Al-Amal TV station, was also arrested in Hebron but was released on 10 November, one day after his arrest by Abbas’ security forces. Eight journalists were subjected to harassment in the West Bank in November as the targeting of pro-Hamas journalists intensified. Fatah-controlled police assaulted several journalists who were covering a demonstration in Ramallah, two of which, Al Jazeera correspondent Wael Al-Shyouki whose arm was broken, and Watan TV director Moammar Orabi were hospitalised. Security forces also detained three photographers as they covered developments in the area. Journalist Hafez Asakerah was briefly abducted by unidentified assailants in Bethlehem on 23 November and held for two hours. The threat of kidnap is one of the greatest deterrents for foreign journalists seeking to work in the PA. More than 15 kidnappings have taken place since 2004, as the abduction of journalists was undertaken as a means for militant groups to 220 publicise grievances and demands. The majority of those abducted have been released unharmed within a matter of hours or days, but this was not the case in 2007, when Peruvian journalist Jaime Razuri was kidnapped for seven days and British journalist Alan Johnston for an unprecedented 114. This year also saw the first abduction of a Palestinian journalist, indicating that this disturbing trend is only worsening within the PA. Authorities have been widely criticised for their failure to investigate or prosecute the perpetrators of these abductions, particularly in incidents where responsible parties have been identified. Authorities have been widely criticised for their failure to investigate or prosecute the perpetrators of these abductions Razuri, a photographer for the Agence France-Presse (AFP) was kidnapped in Gaza City on 1 January when four masked gunmen confronted him outside the AFP bureau as he was returning from covering a story. The assailants did not abduct Razuri’s translator who was travelling with him. Razuri was released unharmed on 8 January after intervention by representatives of the Fatah party and the Popular Resistance Committees, a group of senior Muslim clerics. Johnston was abducted while on his way home from his office in Gaza City on the evening of 12 March. At the time of his abduction, Johnston, who had been the BBC correspondent in Gaza for three years, was the only Western broadcast journalist both living and working there. No information was released about Johnston’s whereabouts or safety for the first months of his release, until his abductors began to release a number of videos, one of which showed the journalist wearing an explosive vest. Johnston’s abductors made a series of demands in exchange for his release and on several occasions threatened to kill him. From 4 to 7 June, the IPI carried out a mission to Ramallah to advocate for Johnston’s release. The mission met with President Abbas and with senior government officials, representatives of the Hamas party and journalists groups. In World Press Freedom Review an effort to increase public pressure for Johnston’s release, the IPI mission was the first group to publicly name Mumtaz Durmush as the individual responsible for Johnston’s abduction. Durmush is the leader of a militant group that refers to itself as the Army of Islam. The group has been responsible for a number of journalists’ kidnapping in recent years. Johnston’s release, on the early morning of 4 July, came about after intervention by the Popular Resistance Committees paved the way for direct negotiations between Army of Islam leader Mumtaz Durmush and Hamas representatives. Johnston’s abduction was marked by far reaching support from Palestinian journalist and civil society groups who carried out daily campaigns for his release and worked to ensure that Johnston’s case remained at the top of the public profile. His kidnap had a debilitating effect on the free flow of news and information in Palestine and beyond. A number of journalists told IPI they Johnston’s kidnap compounded the Gaza crisis. In one BBC report, a journalist was quoted as saying, “We are afraid that Gaza will be classified as one of the most dangerous places in the world. We’re worried countries will stop sending journalists, business people and aid workers into Gaza. Gaza will be forgotten.” On 18 May, Palestinian journalist Abdelsalam Mussa Abu Askar, bureau chief for Abu Dhabi TV in Gaza, was kidnapped. He was freed several hours later, but his abduction, the first of a Palestinian journalist in Gaza, speaks of the deteriorating conditions for all media working in the PA. Asker was abducted as he was driving to his home in Al-Nassar, in the northwest section of Gaza City Amidst the intense threats posed by inter-Palestinian fighting and by the brutal actions of militant groups, the Israeli Army also continues to pose an extreme threat to the safety of journalists and to the free flow of information in the territories. The Israeli army was responsible for attacks on journalists and for raiding news stations this year. On 4 January, Fady Al-Aroury, who works with the private Ma’an news agency and the daily Al-Ayyam newspaper, was wounded by Israeli gunfire during an Israeli military incursion into Ramallah. Al-Aroury was shot in the abdo- 2007 men, although this injuries were not life threatening. On 16 February, Israeli soldiers fired teargas at several journalists and cameraman covering clashes between soldiers and Palestinian stone-throwers near the West Bank city of Hebron. On 26 February, Israeli soldiers fired several stun grenades at a group of 12 journalists who were covering a search and seizure operation in Nablus. Two journalists, Rami AlFaqih, a correspondent for Al Quds TV, and Iyad Hamad, a cameraman for the Associated Press, were hospitalised after being hit by Israeli stun guns on 8 March. They were hit by Israeli border police while covering a peaceful protest at the Qalandia border crossing. Both journalists were clearly identifiable as members of the press. According to a CPJ report, video footage showed that the journalists were standing apart from the demonstrators when they were hit. The IPI mission was the first group to publicly name Mumtaz Durmush as the individual responsible for Johnston’s abduction In a 21 May operation, the Israeli army carried out raids on six Palestinian TV and radio stations in the West Bank city of Nablus. Some of the stations were forced off the air after soldiers confiscated transmitting equipment. Computers and broadcasting equipment were also seized in the raids carried out on the proHamas TV stations Al-Afaq and Sana TV. Two radio stations linked to the Islamist movement, Jabal Al Nar and Koran radio were raided as were two other non-affiliated stations Gama TV and Nablus TV. The raids were seen as an attempt by Israeli authorities to put pressure on media deemed hostile to Israel. Additional raids were carried out on 12 December when Israeli troops forced their way into the offices of three media outlets in the early hours of the morning. Separate raids were carried out against AlAfaq TV, An Najah media and Ar-Ruwad media. Al-Afaq TV is a pro-Hamas station and employees of An Najah and Ar Ruwad reported that they suspected their media outlets were targeted because they employ pro-Hamas journalists. Broad- 2007 World Press Freedom Review 221 Qatar casting equipment, computers and filed were raided during the raids and Al-Afaq TV was forced off the air. On 5 July, Palestinian cameraman Imad Ghanem, who works for the Al Aqsa satellite television channel, had to have both his legs amputated after being shot at by Israeli soldiers. According to a CPJ report, Ghanem was filming the transfer of victims of an Israeli tank shell in the Bureik refugee camp in central Gaza when Israeli tanks began firing at the area he was working from. Ghanem fell to the ground after being hit once in the leg. He was then shot twice more from a distance. As a result of the Israeli attack, Ghanem underwent surgery in which both his legs were amputated. On 5 August reports were released that Israeli authorities refused to grant Ghanem permission to leave Gaza to travel to Egypt where he was to be fitted for artificial limbs. As a result of the Israeli attack, Ghanem underwent surgery in which both his legs were amputated The continuation of attacks on Palestinian journalists through to year’s end painted a grim picture for any hopes that press freedom will improve in the territories in 2008. Facing an increase in repressive policies by the Hamas government, threats from armed groups affiliated with both Hamas and Fatah and continued insecurity caused by the Israeli army’s failure to properly distinguish between civilians and combatants and, in some instances, to directly raid media outlets, a climate of fear and intimidation pervades the work of all journalists in the PA. ● J ournalists in Qatar have faced major challenges in their efforts to set up a professional association this year. The country’s legislation hinders the creation of a journalists’ association that could include non-Qataris, who represent the majority of the professionals working in the field. The incentive to create an association has gained momentum as journalists want to create a forum to discuss media rights and to denounce abuses in the lead up to parliamentary elections which are to take place in 2008. The issue of representation of nonQatari journalists is of great concern however, both because the majority of journalists come from outside the country and because non-Qataris suffer from a greater degree of government pressure. Authorities have a number of ways of intimidating media representatives. Although no incidents of physical violence were reported this year, local journalists face warnings and threats if they cross the “red lines” of censorship by reporting critically on taboo subjects such as state policy, the activities of the royal family or religious issues. Non-Qatari media representatives face harsher measures, including termination of contracts, and possible deportation. All journalists working for Qatari-media outlets face the threat of imprisonment, as press laws are administered by the criminal courts. The country’s legislation hinders the creation of a journalists’ association that could include non-Qataris As a result of these forms of intimidation and harassment, self-censorship is widely practiced throughout Qatar. Authorities also implement a number of policies to ensure prior censorship. The Qatar Radio and Television Corporation, security forces and even customs officers are allowed to censor foreign and domestic publications and broadcast media for religious, political and sexual content prior to distribution. Qatari newspapers, though privatelyrun, are owned or highly influenced by members of the ruling family or by businessmen with close ties to the regime. For this reason, few dare to publish any material that may offend Qatar’s ruling elite. The two television networks, Qatar TV and Al Jazeera are state-owned. Local radio shows the greatest degree of tolerance for voices critical of government services and operations. Online resources are heavily filtered through state control of the local Internet service provider and sites deemed to be inconsistent with the “religious, cultural, political and moral va lues of the country” are routinely blocked. The Qatar-based Al Jazeera satellite television channel is widely known for its critical coverage and for challenging many of the taboo subject areas that are underreported elsewhere in the region. Al Jazeera does not apply this same standard of reporting to domestic events however, as its coverage is focused solely on international topics. The channel is government subsidised and is commissioned to focus on all news except local. According to a Freedom House report, the channel refrains from any criticism of its subsidiser and covers local developments only if there is an international angle, with no critical commentary. ● World Press Freedom Review 222 2007 Saudi Arabia T he Saudi Arabian government seeks to silence criticism of its affairs both at home and abroad. The imposition of travel bans on dozens of leading intellectuals demonstrates the lengths that the regime is willing to go to, to ensure that dissenting views do not reach foreign audiences. Similarly, pervasive censorship of online material and the arrest and incommunicado detention of an internet journalist this year point to a further entrenchment of repressive policies aimed at limiting the growth of independent media and stifling the free exchange of ideas and opinion. In November of 2006, King Abdullah issued a directive that prohibited government employees from publicly opposing state policies or programmes or from participating in discussion of state policies in the media or through any other domestic or international discussion forums. Throughout 2007, authorities sought to enforce these policies throughout government circles and the wider public. According to a February Human Rights Watch report, politically motivated bans on foreign travel have been imposed on 22 prominent government critics. Three constitutional reformers, Martuk Alfalih, Abdullah Al-Hamid and Ali Al-Dumaini are among those banned. All three were pardoned by the King in 2005 after serving lengthy prison sentences but, as the travel bans show, they remain the targets of judicial harassment. The precise reasons for the targeting of specific individuals is unclear, but it is thought that many are being harassed because of their public support for political reforms, while others may be harassed in retaliation for speaking to international news media. The imposition of the travel bans are a violation of Saudi Arabian law which dictates that unless a judicial ruling has taken place, the Ministry of Justice may only impose bans for reasons related to security matters, and these must be for a specified period of time. Subjects of the ban are to be notified within one week of its imposition. The travel bans against the Saudi intellectuals violate each of these rules, as there has been no evidence to suggest legitimate security reasons that would necessitate a ban on travel; the bans seem to be in place for an unlimited in the daily media. In particular, the Internet is increasingly being used a forum for alternative opinion. These improvements are being met head on by authorities, which are now resorting to more drastic steps to control the media environment. Despite pervasive efforts to silence all forms of public criticism, spaces for dissent are slowly growing A Saudi man reads at a newsstand in Riyadh on 28 August 2007, just days after Saudi authorities banned the distribution of leading Arab newspaper, Al Hayat, after the paper disclosed links between a Saudi extremist and an Iraqi al-Qaida group. (AP Photo) time period and several of them have been ordered months or even years ago, although the subjects did not find out about them until they attempted to undertake international travel. Several of the intellectuals have tried to challenge their bans in administrative courts, without positive outcomes. The bans also represent a violation of international law, which stipulate an individual’s freedom to freely leave or return to his or her home country. The arrest and incommunicado detention of an internet journalist this year point to a further entrenchment of repressive policies Despite pervasive efforts to silence all forms of public criticism, spaces for dissent are slowly growing as journalists and human rights activists in Saudi Arabia try to push the limits on what views can be expressed. This has resulted in a subtle widening of the scope of topics covered The government’s official Internet blacklist includes more than 400,000 Websites ranging from those of political organisation to unrecognised Islamic movements. The popular news website Elaph.com as well as the leading blog publishing service www.blogger.com were both added to the blacklist this year. Policies have also been introduced to target Bloggers directly, as was seen by the 10 December arrest of blogger Ahmad Fouad Al-Farhan who posts on the www.alfarhan.org website. A resident of Jeddah, Al-Farhan was arrested at his workplace and then escorted home where police directed him to collect his laptop before taking him to an undisclosed location. As of year’s end, his family remained unaware of his whereabouts and no official statements had been released regarding the charges against him. Days before his arrest Al-Farhan is said to have written a note saying that he had been warned that a high-ranking Ministry of Interior official had ordered he be investigated. Al-Farhan suspected that the investigation was in relation to his writings about political prisoners in Saudi Arabia. The arrest and illegal detention of Al-Farhan, without official charges or due process, is clear evidence that King Abdullah’s public comments about leading the country towards a period of reform is merely superficial rhetoric that is not yet backed up by any consistent policy changes that would indicate a new era of openness and pluralism is on the horizon. ● 2007 World Press Freedom Review 223 Sudan T he media in Sudan continued to operate in an extremely difficult environment. Laws permitting the National Press Council to closely control the media, and making it responsible for issuing licences for all publications, have been in place since 2004. Control over broadcasters remains particularly tight. In addition, relatively short but repetitive detentions of journalists by security services, as well as several short-term bans on individual publications served as constant reminders to the media that the government was closely monitoring its activities. The brutal September 2006 beheading of editor Mohammed Taha Mohammed Ahmed, of the private daily AlWifaq, continued to haunt the nation and its press, with the government imposing a ban on all writings about the editor’s murder, claiming that this was necessary to avoid compromising investigations of the incident. When, on 31 January, the Arabic-language daily AlSudani published an article addressing the upcoming trial of Ahmed’s suspected killers, and described defence attorney visits to 20 individuals imprisoned in connection with the crime, reactions were swift. A state prosecutor imposed an immediate and indefinite ban on the daily, claiming the publication violated legal provisions prohibiting the incitement of religious and ethnic hatred. Noureddin Madani, Al-Sudani’s editor-in-chief, appealed to various entities, including the Constitutional Court and the National Press Council. He maintained that the ban was both unjust and without legal basis, given that the article did not incite hatred, the investigation could no longer be jeopardized as defendants were set for trial, and only the National Press Council and courts were authorized to ban publications. The council itself raised objections to the procedure by which the ban was imposed, and it was lifted within two days of its imposition. The daily again faced harassment from the government in mid-May, after it published an editorial claiming that the Justice Minister lied in a court case involving money-laundering. Publisher Mahgub Erwa and editor Osman Mirghani were both detained on 17 May and released within two and three days respectively, while a journalist for the paper, Hafiz Al-Khair, was twice called in for questioning. In addition, publication of the paper itself was banned, with the government again unilaterally imposing the measure without input from the National Press Council. The government justified the ban with Article 130 of the country’s criminal code, which addresses confidentiality breaches with respect to on-going investigations. In early February, two editors of the daily Al-Watan were questioned by security officers and accused of sedition after their publication published an interview conducted with two masked men, who appeared at the paper’s office, claimed to represent certain Islamist militants, and voiced threats against all foreigners in Sudan. Adil Sid Ahmed, deputy editorin-chief, was summoned to a Khartoum security services office late at night for questioning, then arrested and sent to a local jail. Ahmed al-Sharif, the editor, was arrested two days later and similarly interrogated, accused by officers of withholding information about the militants’ identity and whereabouts. Both men were brought before a state prosecutor on 11 February, and released that same day, with the prosecutor not having finally determined whether or not to formally charge the journalists with sedition and breaching public peace, or with violating laws regulating editorial and journalistic responsibility. The National Press Council reacted by suspending the paper for two days, a measure Al-Watan appealed in court, which permitted the publication to publish pending its evaluation of the proposed ban. In May, the International Press Institute membership at its 56th General Assembly adopted a resolution calling on the Sudanese government to grant all journalists full access to the Darfur region, and to halt its repression of the local media. IPI deplored security service censorship of newspaper content prior to publication; attempts to intimidate journalists both local and foreign with arrests and beatings; as well as the imposition of bureaucratic barriers by way of requiring special travel permits for travel throughout the country. As the resolution noted, these restrictions increasingly prompted foreign journalists to enter without the required documentation via Chad, at the risk of arrest and prosecution. Reporters Without Borders presented an at least partially optimistic view of the country’s media environment after its fact-finding missions to Sudan in early March, with the organization reporting that, particularly in Khartoum, a diverse press existed. However, it also identified the main obstacle for reporters, both domestic and foreign, as consisting of lack of access to parts of the country, particularly due to government-imposed restrictions in form of discretionary visas, special travel permits and blacklists; and urged for relaxation of those measures in order to permit particularly international publications to present a more balanced picture of the country. Reports of harassment multiplied later in the year. On 28 August, security services officers appeared at Al-Midan’s printing press, and, without official explanation, confiscated all 15,000 copies of a particular issue of the privately owned Arabic-language weekly. The publication, affiliated with the country’s Communist Party, was previously illegally published for over 17 years, and is seen by many as symbolic of the opposition press. Faisal El-Bagir, the publication’s editorial adviser, suggested articles addressing the recent confiscation of another paper might have triggered the measure. In early November, El-Bagir had yet another run-in with security services, just one week after he published an editorial, originally slated for publication in the seized August issue, in a blog launched by Article 19. The article highlighted the government’s restrictions on press freedom in the country. El-Bagir was first summoned to the security service’s Khartoum office along with Lemiaa el-Jaily, also a journalist involved with Article 19’s blog, and Sabah Mohammed Adam, who writes for al-Ayyam, a daily, on 4 November. One day later, all three were again summoned and held for several hours without explanation, and were called in for a third day in a row on 6 November. In another troubling incident, in early December El-Bagir and four journalists for the private daily Al-Sahafa received death threats via a telephone call from Chad. Abdel Moneim Suleiman, who received the anonymous call, indicated that the caller informed him that he was offered US$220,000 from an indvidual based in Sudan to kill El-Bagir, Suleiman, World Press Freedom Review 224 2007 Syria as well as Al-Haj Warraq, Al-Tahir Satti and Rabbah Al-Sadiq Al-Mahdi, because of their opposition to the government, as well as their position on international involvement in Darfur. The brutal September 2006 beheading of editor Mohammed Taha Mohammed Ahmed, of the private daily Al-Wifaq, continued to haunt the nation and its press In the meantime, in the legal realm, changes were proposed by way of several draft laws circulated by the Sudanese government throughout the year. However, press freedom organisations critiqued the proposals, which were preceded by little real involvement by stakeholders, as unlikely to usher in improvements. In particular, Article 19 noted that, though the laws looked to introduce procedures regulating access to information, the drafts provided for exemptions so extensive as to render the procedures meaningless or even counter-productive. While positive news emerging from the country this year therefore proved rare, a Code of Ethics agreed upon by a group of editors representing various south Sudanese print media suggested at least the potential for change. The editors signed the code, which addressed issues such as privacy, fairness, and covering ethnic disputes, in June, and committed themselves to abide by its terms, an occurrence hailed by press freedom organisations as an important first step in the process of developing self-regulatory regimes in the country. ● P resident Bashar Al-Assad’s May endorsement for a second seven-year term casts an ominous shadow over any hope that may have existed for the improvement of press freedom in Syria. AlAssad’s rule has been characterised by increasingly repressive policies towards the press, and the online media in particular. With a number of exorbitant prison terms handed down to journalists this year, and the forced disappearance of two cyber dissidents, it is clear that the crackdown shows no sign of abating. Authorities employ a wide range of measures to restrict media coverage that is deemed unfavourable to the state. In August, Iraqi journalist Saif Al-Khayat, who works for the Japanese news agency Jiji Press was interrogated, arrested, attacked and expelled from Syria after political security officials felt his coverage of the presidential referendum were “unsatisfactory.” Following his arrival to Syria in May, Al-Khayat was repeatedly questioned about his previous work and his political stance. He was arrested on 19 June and his apartment was raided on the same day. Al-Khayat was physically assaulted while held in police custody and released later that day after being forced to sign a paper stating that he would leave the country immediately. Authorities intensified their judicial harassment of journalist Michael Kilo and at year’s end he remains in jail. Kilo, a writer and journalist, has been imprisoned since 14 May 2006 when he was arrested after he added his signature to the “Beirut-Damascus, Damascus-Beirut” joint statement. The statement, signed by more than 300 Syrian and Lebanese intellectuals, called for strengthened and more transparent relations between the two countries. A number of people were arrested in connection with the statement, many of whom had charges dropped after withdrawing their signatures. Formal charges were not brought against Kilo until 26 March, when he was charged by a Damascus criminal court with “weakening national sentiment,” “spreading false information” and inciting “religious and racial dissension.” Lawyer Anwar Al-Bunni and activist Mahmud Issa were similarly charged. Earlier in March, Kilo had been brought before a military prosecutor in Damascus and accused of inciting other inmates at Adra prison to rebel against the regime. On 13 May, after having been held in prison for one year, Kilo was sentenced to a three-year prison term. The same sentence was handed down to Issa while AlBunni, whose trial concluded on 24 April, was sentenced to a five-year term. Al-Bunni was given a harsher sentence on additional charges of “spreading false news” after he sent a letter to UN High Commissioner for Human Rights Louise Arbour to inform her about human rights violations in Syria. In the letter, AlBunni stated that torture continues to be practiced in Syrian jails. According to RSF reports, Al-Bunni has been the victim of violent physical attacks at the hands of guards and other inmates. The lengthy sentences handed down to Kilo, Al-Bunni and Issa show that the Syrian regime is unwilling to tolerate the expression of any views that challenges Baathist policies. With many observers stating that proceedings against the activists were carried out unfairly, the trials called the legitimacy of the Syrian judicial system into question. The Syrian regime is unwilling to tolerate the expression of any views that challenges Baathist policies Few cases reflect the true extent that Syrian authorities will go to in order to silence opposition voices, including that of leading human rights activist Kamal Al-Labwani. On 10 May he was sentenced to 12 years in prison with hard labour on charges that were doubtlessly politically motivated. After travelling to the United States and Europe throughout 2005 to meet with government officials, human rights groups and journalists, AlLabwani was accused of “communicating with a foreign country and inciting it to initiate aggression against Syria,” among other charges. According to a Human Rights Watch (HRW) report, AlLabwani has been severely ill treated while in detention. Journalist and cyber dissident Habib Saleh was released on 12 September after spending more than 27 months in detention. Saleh was convicted by a military court in Tartus on 29 May 2005 for spreading mendacious information and 2007 World Press Freedom Review 225 trying to change the constitution by illegal means after he posted a number of letters criticising Baath party leaders on the Elaph website, www.elaph.com. Prior to his incarceration, Saleh was a regular contributor to the Beirut-based An Nahar newspaper. Earlier in the year, cyber dissident Ali Sayed Al-Shihabi was also released following his arrest in connection with the posting of opposition articles on a far-left website www.rezgar.com. Al-Shihabi was released 9 January after five months of imprisonment. As the power of the Internet as an open space for divergent opinion continues to grow, so too do the Syrian regimes efforts to control it On 11 April activist Ibrahim Zoro was arrested by the state security service in connection with articles he posted on foreign-based opposition websites. Journalist Muhened Abdulrahman, who was arrested on 7 September 2006, remains in jail after being imprisoned for posting material online. The state security service’s treatment of Zoro during his arrest is indicative of a worrying trend in Syria in which a growing number of dissidents are illegally arrested and held incommunicado. On 7 June the Mantaqa Branch of Military Intelligence arrested Karim Arbaji over his role as a moderator of the online political forum www.akhawia.net. Arbaji was held incommunicado for months with no official information released about his whereabouts. On 30 June, the Tartous Branch of Military Intelligence arrested Tarek Biasi after he posted information online that was considered “insulting” to the security services. Biasi was held incommunicado for at least three months following his arrest. In an October report, HRW referred to this treatment of cyber dissidents by the security services as enforced disappearances in which persons are arrested, detained or abducted by different branches of the government which refuse to disclose their fate or acknowledge their arrest, de priving them of their liberty and placing such dissidents outside the protection of the law. Michel Kilo, a pro-democracy campaigner and one of Syria's most prominent writers, is sentenced on 13 May 2007 to three years in jail on charges of spreading false news, weakening national feeling and inciting sectarian sentiments. (AP Photo) Repressive media policies are enforced most harshly against cyber dissidents, likely because the publication of opposition perspectives is severely limited in other media, which is predominantly controlled by the state. As the power of the Internet as an open space for divergent opinion continues to grow, so too do the Syrian regimes efforts to control it. Such efforts intensified this year as Syria emerged as one of the world’s worst Internet ‘black holes.’ The Syrian regime use sophisticated surveillance methods to monitor all media, and in recent years have begun to encourage Internet café owners to spy on customers and report those that visit ‘sensitive’ sites. In response, a growing number of users post comments on social and political sites anonymously. On 25 Jul, Amr Salem, Syria’s Minister of communications and technology, issued a decree aimed at eliminating the potential for anonymous posting. The decree requires all website owners to “display the name and email of the writer of any article or comment” which appears on the site. Failure to do so will result in temporary or permanent bans of a website. The decree has already been put into practice as the news website www.damaspost.com was banned for 24 hours after it allowed a post by a user identified only as “Jamal” to criticise the state-controlled Journalists Association. Syrian authorities ban a wide number of websites spanning a range of topics. Websites that criticise government policies or support opposition groups are subjected to the most substantial filtering. Online versions of foreign-based Arabic newspapers such as the Beirutbased Al Mustaqbal, the London-based Al Quds Al Arabi, the Kuwaiti based Al Seyassah and a number of others are routinely blocked, as are those associated with Syrian opposition or Kurdish political parties. Google, You Tube and the popular Blogging engine www.blogspot. ● com are also routinely censored. World Press Freedom Review 226 2007 Tunisia T his year marked the 20th anniversary of Tunisian President Zein Alabideen Ben Ali’s rule. Though he has been hailed as the “president of change” by pro-government papers and is supported by many Western countries as a “bulwark against the Islamic threat,” the president has a history of flouting civil liberties and human rights in his dealings with the opposition in the media as well as in the political field. In fact, as early as January, continued repression of the right to freedom of expression in the country prompted the International Freedom of Expression Exchange (IFEX) Tunisia Monitoring Group (TMG) to appeal to incoming UN Secretary-General Ban Ki-moon to remind the Tunisian government of its international obligations, emphasizing that the country’s membership in the United Nations Council of Human Rights added particular urgency to the matter. The group expressed dismay that the host of the 2005 United Nationssponsored World Summit on the Information Society (WSIS) had failed to loosen its control on, and harassment of, the local media, noting that conditions may in fact have worsened since the event. In February, Tahar Ben Hassine, head of the Italy-based satellite TV station AlHiwar Attounsi and editor of the Perspectives Tunisiennes website, was arrested after leaving the home of freelance journalist Taoufik Ben Brik, who is under state surveillance. Police administered an alcohol test and maintained that Hassine was driving under the influence, despite his claims to the contrary. He was taken to a Tunis police station, where members of the country’s “political police” visited him, and was released by a judge without charge the following day. The incident was one of several involving Hassine’s TV station, whose employees have been attacked in the past, including an incident during which a journalist was beaten by police officers when attempting to visit the wife of an imprisoned dissident. Later that month, Tunisian authorities blocked access to several sources of information that included commentary critical of the government. The ban affected three French publications: issues of Le Monde and Le Nouvel Observateur, which were not distributed to newsstands with- in the country, as well as the website of the daily Libération, access to which was blocked. The articles, all written by Taoufik Ben Brik, marked an end to three years of silence by the Tunisian journalist. Press freedom organisations have indicated that several other sites and publications, such as a blog published by RSF, the magazine Médias, as well as the satirical Le Canard Enchaîné, have been banned in the country. In March, journalist Mohamed Fourati was sentenced to 14 months in prison by an appeal court in the southern city of Gafsa. The charges against Fourati were based on an online article he wrote in 2002, about fundraising efforts for the family of a political prisoner, leading to accusations that he maintained ties to an opposition group. Appellate judges twice dismissed the charges, but prosecutors appealed to a different court, resulting in a retrial and conviction. Fourati currently lives in Qatar, where he works for the daily Al-Sharq. His wife, who still lives in Tunisia, has been refused permission to leave the country. Fourati, former Tunis-correspondent for a London-based news agency and editor of the Progressive Democratic Party newspaper, will only have to serve his sentence if he chooses to return to Tunisia. In April, Tunisian activists called on bloggers and internet communities to protest the 1 April blocking of Dailymotion, a French website similar to U.S. based YouTube, by the government, following the posting of footage addressing the country’s political situation. That same month, the IFEX TMG issued “Freedom of Expression in Tunisia: The Siege Holds”, its fourth major report on freedom of expression in the country, and concluded that no progress was discernible, and that in fact, conditions continued to worsen. The report identified the harassment of journalists and dissidents, threats to the independence of the judiciary, the blocking of books and websites, and restrictions on independent organisations as growing problems since May 2006. In May, freelance journalist Slim Boukhdir was repeatedly harassed for writing articles blaming a relative of the president’s wife for an April stampede at a pop concert, which resulted in seven deaths. Plain-clothes police have followed Boukhdir ever since he claimed that the concert’s organiser was negligent. In early May, police prevented him from visiting a lawyer, kicking him and insulting him as a “traitor”. A few weeks later, Boukhdir was assaulted by a man after leaving an Internet café, but was able to get himself to safety at the offices of the International Association for the Support of Political Prisoners. In June, the Arabic Network for Human Rights Information (HRinfo) called on authorities to end the house arrest of Abdallah Al-Zawary, a journalist and former deputy editor-in-chief of the Al-Fajr newspaper. Al-Zawary was arrested for his membership in the Islamic Renaissance Movement in 1991. He spent 11 years in prison, and, after his release in June 2002, was placed under house arrest for five years. He is currently under house arrest in Gergeis City, 500 km from the Tunisian capital, where his family lives; he is not permitted to move beyond 30 km from his home, and cannot use Internet cafes. Instead of ending the house arrest, the Ministry of the Interior extended Al-Zawary’s banishment for 26 months. No justification for the extension was given. In July, an important opportunity to confront the country’s appalling human rights record was missed when Dr. Botros Botros Ghaly, chair of the National Council for Human Rights, met with Abd el Hafeez el Herqam, the Tunisian ambassador, but failed to bring up the issue. Ghaly and the ambassador met to discuss cooperation between the National Council for Human Rights in Egypt and the High Institute for Human Rights in Tunisia, in preparation for a conference in Egypt on democracy and human rights in Africa. “When the chair of the National Council for Human Rights ignores the Tunisian government’s violations and discusses Egyptian-Tunisian cooperation, I begin to fear what is behind this cooperation, “ noted HRinfo Executive Director Gamal Eid. Kalima, an independent online newspaper that has unsuccessfully attempted to get registered in the country since 2000, was targeted by several different sources throughout the year. During a two-week period in June, as many as 30 to 60 plain-clothed police officers surrounded the premises used by Kalima, and prevented its staff from entering their offices. 2007 World Press Freedom Review It was also harrassed by way of a lawsuit filed by Tunisian lawyer Mohammed Baccar against Omar Mestiri, Kalima’s editor, for libel over a September 2006 article about the lawyer’s reinstatement to the bar after having been convicted of forgery and fraud. Mestiri, who was summoned to the state prosecution’s office for a response in late March, faced up to three years in prison. According to the Observatory for the Freedom of Press, Publishing and Creation in Tunisia (OLPEC), Mestiri’s lawyers emphasized that the article was published on the Kalima website, which is blocked in Tunisia, meaning that the article could not have been accessed from within the country. Mestiri’s lawyers also argued that Baccar failed to file the suit within the applicable statute of limitations. Also at the hearing, Mestiri refused to identify his sources, citing his right as a journalist not to reveal them. The trial itself was repeatedly postponed at the request of the plaintiff ’s lawyers, even though not all of these requests were supported with any information justifying the delay. Finally, on 28 August, the lawyer withdrew his complaint, and the court suspended the case two days later. On 31 August, unidentified assailants set the office of Ayachi Hammami, one of Mestiri’s lawyers and a well-known human rights activist, on fire. Hammami’s personal computer and most of his books and documents, including client files, were destroyed. The attorney believes he was targeted because of his work on a report about Tunisia’s judiciary that was to be presented in Paris in September. In October, the Tunisian Progressive Democratic Party (PDP), and its official newspaper, Al-Mawkef, were expelled from their premises, where the paper had been stationed for nearly 13 years. The paper’s director, Néjib Chebbi, was sued by his landlord for using his apartment as PDP headquarters, apparently at the behest of Tunisian authorities, who have also pressured other landlords to evict other branches of the same party. Maya Jribi, the party’s secretary-general, and Chebbi protested the action with a hunger strike. When Lotfi Hajji, the correspondent of the Qatar-based satellite TV news station Al-Jazeera, tried to access PDP headquarters to report on the hunger strike, plain-clothes police repeatedly manhandled him. The TMG criticized the development as a “blatant attempt to silence dissenting voices through censorship, intimidation and appalling use of judicial courts” and as an obvious violation of Tunisia’s obligations under Article 19 of the International Covenant on Civil and Political Rights. Hajji was no stranger to police harassment at the time of the incident. In April, the journalist was prevented from entering the PDP meeting in their building. Hajji, who is also the president of the Tunisian Union of Journalists, was physically blocked by a plain-clothed police. According to IFJ, the incident was the fifth time in April alone that he was hindered from covering different events. The restrictions constituted evidence of a disturbing pattern of increasing governmental interference with various activists’ and journalists’ right to travel Much of the remaining news coming from Tunisia involved the imprisonment of writer and human rights lawyer Mohammad Abbou. Abbou was sentenced to three and a half year in prison in connection with critical online articles, which targeted Tunisian authorities by exposing torture in the country and comparing its treatment of prisoners to conditions in Iraq’s Abu Ghraib prison. He was charged under both the press and penal codes for “publishing false reports inclined to disturb the public order,” “insult to the judiciary” and “inciting the population to break the country’s laws.” His sentence was announced and upheld on appeal, in a hearing widely condemned as a “sham”, with neither Abbou nor his lawyers permitted to contest the charges against him. Subsequent reports indicated that Abbou suffered harsh treatment, including beatings, and that his family members have also been harassed by security forces. March marked the second anniversary of his imprisonment, prompting IPI to join the National Council for Liberties in Tunisia (CNLT) and other members of the IFEX Tunisia Monitoring Group (TMG) in calling for an immediate end 227 to his continued incarceration. Later that month, a TMG delegation travelled to Tunisia and tried to meet with Abbou. However, unidentified men prevented delegation members from even entering the prison in which he was incarcerated in order to arrange such a possibility. The men, who photographed members of the delegation, also prohibited them from taking pictures themselves. Abbou’s wife, who accompanied the group, was granted a 15-minute visit only. In July, there was finally some welcome news, when Abbou was released from prison after over two years. No reason was given for the release, which occurred one day before the 50th Anniversary of the Proclamation of the Republic of Tunisia. Twenty other political prisoners were also released that same day. On the evening of his release, Abbou announced that, “as a former prisoner of conscience, I would like to thank all those in Tunisia and the rest of the world who stood by my side during the ordeal I have been through. The Tunisian authorities offered time and again to release me from prison on condition of signing a letter of apology. But I refused to do so.” He added that his release was “the result of actions of resistance to oppression undertaken by Tunisians capable of saying no to a regime in violation of basic human rights,” but emphasized that he “strongly denounced” violence as a response to suppression. During the first few months after Abbou’s release from prison, several organisations reported that he had been able to speak quite freely about his experiences. However, subsequent events indicated that the optimism triggered by news of his freedom might have been premature. In mid-October, Abbou was told at Tunis-Carthage airport that he was “banned from travelling,” and so was unable to travel to London for an interview in Al-Jazeera’s London studios, where he was scheduled to speak on free expression and human rights. A little over a week later, Abbou was again similarly restricted when he was prohibited from travelling to Cairo to attend the 24 October trial of Ibrahim Essa, editor-inchief of the independent Aldostur. These restrictions were particularly troubling given that Abbou’s release from prison was never conditioned on a prohibition from leaving Tunisia. World Press Freedom Review 228 2007 United Arab Emirates Abbou was also invited to speak at a mid-November event in Washington, D.C., hosted by the IFEX TMG, Human Rights Watch, Human Rights First, Amnesty International-USA and the International Federation for Human Rights (FIDH). However, he was again unable to attend the event, which was held to protest the 20th anniversary of President Ben Ali’s rule, after border police refused to let him board his 10 November flight. Judge Ahmed Rahmouni, who chairs the executive board of the Association of Tunisian Judges, was also prevented from attending the event, with the Ministry of Justice failing to grant him the necessary authorization to travel to the United States. The restrictions constituted evidence of a disturbing pattern of increasing governmental interference with various activists’ and journalists’ right to travel. For example, it also imposed a de facto travel ban on journalist and human rights advocate Kamel Labidi by arbitrarily refusing to issue him a new passport. In fact, human rights lawyer Mohamed Ennouri and journalist Selim Boukhdhir in early November went on hunger strike in Tunis to protest the violation of this basic right. When Boukhdir in late November travelled to a police station in the suburbs of Tunis in connection with his passport application, he was arrested by the police, and subsequently prosecuted for “insulting behaviour towards an official in the exercise of his duty,” “breach of accepted standards of good behaviour” and “refusal to produce his identity papers to the police.” On 4 December, he was sentenced to one year in prison and ordered to pay a 3 Euro fine by a district court, in a proceeding widely criticised as aimed at ● silencing the outspoken critic. T he decision of authorities in the United Arab Emirates (UAE) to decriminalize press offences was welcomed as a legal breakthrough this year - one that positions the Emirates to act as role model for other countries in the region. Prime Minister Mohammad Bin Rashid All Maktoom issued a decree on 26 September that no journalist shall be imprisoned because of his or her work, insisting that the use of other legal procedures are more appropriate means by which to address publication offences. The decree was issued after a spate of journalists’ arrests gave rise to concerns over the state of press freedom in the country. On 25 September, former editor of the English-Language Khaleej Times Shima Kassiril Ganjadahran and Mohsen Rashed, a journalist with the paper, were sentenced to two-month prison sentences on charges of libel. The journalists were convicted of libeling a Dubai women when they reported, in June 2006, that she had sued her husband, leading to his imprisonment. The charges against the journalists were overturned by a Dubai appeal court on 8 November, a move that was thought to be heavily influenced by the prime minister’s decree. The relative freedom gained by print journalists may not be shared by those working in electronic media Continued judicial harassment against two online journalists led to concerns that the relative freedom gained by print journalists may not be shared by those working in electronic media. On 8 November a criminal court in the emirate of Ras Al Khaima passed a suspended sentence of one year in prison and a fine of US$14,500 to Mohammed Al-Shehhi, owner of the Majan.net website. The sentencing was carried out despite the fact that the plaintiff withdrew his complaint on 30 October. The Majan website had been under attack throughout the year, facing six different complaints from 1 August onward. The website was closed under article 16 of the electronic press law and staff have been imprisoned on several occasions, paying hefty bail fines upon release. On 8 August Al-Shehhi was arrested, sentenced to one year in prison and instructed to pay over US$20,000 in fines in relation to a case in which a government official claimed that the contribution of an unknown user had been defamatory. Khaled Alasely, one of Majan’s writers was arrested, interrogated by security services and detained for four days in association with the case. Al-Shehhi and Alasely were later sentenced to five months in prison but remained free pending appeal. The later five-month sentence was to be served by Al-Shehhi in addition to the original 12month sentence. The Dubai government came under renewed scrutiny in late November after they forced two Pakistani satellite channels broadcasting from Dubai off the air On 23 November, an appeals court overturned the 17-month jail sentence imposed on Al-Shehhi. He will continue to face additional charges in relation to other cases however, while the charges against Alasely were not overturned. The harsh treatment of Majan’s staff prompted journalists throughout the Emirates and neighbouring Oman to campaign for the electronic media laws to be brought in line with those of the print and broadcast media. The Dubai government came under renewed scrutiny in late November after they forced two Pakistani satellite channels broadcasting from Dubai off the air, bending to pressure exerted by the Pakistani government. Geo Television and ARY Digital function as Pakistan’s most independent television stations according to a Human Rights Watch report. Both channels, which are registered in Dubai, were forced off the air in Pakistan from 3 November on, after Pakistani President General Pervez Musharaff announced a state of emergency in that country. The channels continued to air in the Emirates and online until 17 November when Dubai authorities made the decision to shut them down. The decision was met with widespread international criticism, with several organisations questioning Dubai’s viability as a regional hub for the international media. In the wake of protests, authorities granted permission for the 2007 World Press Freedom Review 229 Yemen stations to resume broadcast on 30 November. The decriminalisation of the press law, and the decision to end the ban on Pakistani channels both act as indicators that UAE authorities may finally be ready to live up to the commitments to media freedom it has long since proclaimed. A number of important issues would have to be addressed, however, before true progress in the country could be celebrated. Self-censorship is rampant, with many journalists limiting critical reportage of political affairs for fear that it could lead to reprisals. A “black list” of critical writers remains in place and state newspapers have on several occasions this year refused to publish articles about the regime. ● Yemeni journalist Abdul-Kareem Al-Khaiwani takes part in a protest in Sana’a on 24 July 2007 to demand greater press freedom. Al-Khaiwani has been arrested, imprisoned and attacked this year in retaliation for writing critically about the regime. (Reuters Photo/Khaled Abdullah) M embers of the Yemeni press have been subject to brutal attacks, abductions and threats this year, as government forces attempt to block reports on corruption, social unrest and the continuing insurgency in the northwest of the country. The insurgency is being waged by some members of the regions loyal to rebel leader Abdul Malik Al-Houthi. From January onwards, Yemeni authorities have imposed a media blackout in the northern province of Saada where the insurgency is taking place, preventing journalists from entering the area to cover the conflict. Journalists in Yemen report on issues considered taboo in other parts of the region and are active in their criticism of state affairs. Many pay dearly for their investigative reporting, as the increasing number of attacks and continued judicial harassment indicate. Abdelkarim Al-Khaiwani, editor of the online newspaper Al-Shoura, has been the victim of violent assault and has been forced in and out of prison throughout the year. Al-Khaiwani has been a harsh critic of Yemeni President Ali Abdullah Saleh. He has written frequently about 230 the Saleh government’s fight against the rebel insurgency in the north lf the country, and accused it of fostering terrorism. Observers have claimed that the charges against him are politically motivated. AlShoura had operated as a print publication until authorities closed it in 2005. On 20 June Yemeni security agents raided Al-Khaiwani’s home, assaulting family members, including his sevenyear-old daughter, and dragging the journalist into the street before he’d had time to dress. Al-Khaiwani was brought before the state security prosecutor and charged with alleged links to terrorism cells associated with rebels fighting in the northwestern city of Saada. Journalists in Yemen report on issues considered taboo in other parts of the region In late June, terrorism charges were brought collectively against 11 suspects, leaving it unclear as to what specific charges were connected to Al-Khaiwani. All evidence against the journalist appears to be connected with his work and included the possession of widely available news articles and photographs, as well as photographs of the government’s fight against the rebels and its impact on local inhabitants; documents about ceasefire arrangements; and an unpublished article. Al-Khaiwani was held in pre-trial detention for over a month, without access to his lawyer, and released on health grounds in July. On 27 August, less than a month after his release, Al-Khaiwani was abducted by six gunmen dressed in civilian clothing while waiting for a taxi outside his office in the capital city of Sana’a. The gunmen blindfolded Al-Khaiwani and tied his hands before taking him to a remote village outside the capital. There they beat him and threatened to kill his family if he continues to write against President Saleh or the country’s national unity. The attackers made specific reference to an article the editor had published the week before about the status of prisoners in Yemen. Despite the fact that Al-Khaiwani was able to identify one of the attackers as a security agent who had raided his home in June, to date no investigation or arrests have taken place in connection with the attack. World Press Freedom Review In the months that followed, prosecutors changed the charges against Al-Khaiwani, dropping the links to terrorist cells but charging the editor with publishing information liable to undermine army morale, under article 126 of the criminal code, which carries the death penalty. At court hearings on 21 and 31 October the criminal charges against him were upheld, and the editor now awaits trial. A number of other journalists faced government interference while attempting to write about state affairs. Abed AlMahthari, editor-in-chief of the weekly Al Deyar newspaper, appeared in court on 5 March on charges of defamation related to an article published in December 2005 about the Watani Bank of Trade and Interest. The article discussed allegations that the bank had mismanaged and embezzled customers’ and shareholders’ funds. Editor Jamal Amer and journalist Mustafa Nasser of the Al Wasat newspaper were also to appear in court on 5 March after being charged in relation to an article published in June 2006 accusing the Religious Endowment Ministry of corruption. The newspaper had printed the Ministry’s response to the article but still faced charges from the press prosecutor’s office. Both Al-Mahthari and Amer have been repeat targets of state harassment. Both have been sentenced to imprisonment in relation to critical articles and Amer was repeatedly attacked and once kidnapped in 2006. On 1 August, a group of armed men attacked the offices of a newly launched newspaper, Al Sharaa in Sana’a. Several armed men dressed in civilian clothing, but driving army jeeps with military license plates, stormed the offices of the paper, demanding an interview with editor-in-chief Niaf Hassan. When the editor was not available, the assailants threatened other newspaper employees and smashed down two doors before searching the office. According to a CPJ report, journalists at the paper said the raid might have been in connection to a criminal complaint launched in July by the Yemeni Ministry of Defense. The ministry called for the newspaper’s closure and for the death penalty to be carried out against three of its journalists after Al Sharaa published a series of articles about the northern insurgency in its first issue. The articles dis- 2007 cussed volunteer tribesman who allegedly fought alongside government forces, as well as information about the AdenAbyen Islamic Army, a Yemeni-based terrorist group allegedly fighting alongside the Yemeni Army. The journalists have been charged with a number of serious offences, including harming national security and stability and publishing military secrets. The ministry called for the newspaper’s closure and for the death penalty to be carried out against three of its journalists Yemeni authorities exert complete control over broadcast stations, and much of the print media. The few independent newspapers that attempt to report freely are subject to harsh repression. With intensified censorship of the political websites this year, it appears that silencing debate through online media has become a new priority for the state. The Al Shoura opposition website, which is connected to the weekly newspaper edi ted by Al-Khaiwani, is regularly blocked, as are opposition websites and chat forums that carry articles about corruption, human rights and political reforms. In June, the information ministry began censoring the distribution of news to mobile phones via SMS messaging. ● Iran’s supreme leaderAyatollah Ali Khamenei, delivers a speech to a group of clerics in the city of Mashhad, on 16 May 2007. Khamenei has publicly condemned the Iranian opposition media this year. (AP Photo/Fars News Agency, Javad Moghimi) World Press Freedom Review 68 2007 he Deadly Business of Reporting The Americas In the Americas, journalists attempting to report on corruption, drug trafficking, human rights abuses and other sensitive issues continued to face harassment, threats, physical assaults and even death at the hands of those seeking to prevent the media from exposing their activities Death watch region (13) T hirteen journalists were killed in direct connection to their work in 2007, down from 15 in 2006. Two journalists were murdered in Mexico, one in the United States (four others were killed when their news helicopters crashed in mid-air while covering a police chase), and one each in Brazil, El Salvador, Guatemala, Honduras, Paraguay and Peru. Eight journalists are currently missing in Mexico. Several others were forced to go into hiding or flee into exile after receiving death threats. When not confronted with violent attacks and death threats, journalists in Latin America faced legal, administrative and economic harassment. Criminal defamation and “desacato” (insult) lawsuits and excessive punitive damage awards in civil suits, combined with the physical attacks and threats, have resulted in increased self-censorship. Various court rulings adverse to freedom of expression and press freedom, government restrictions on access to information, and the excessive use of force against reporters by police, soldiers and security guards further impeded the work of journalists in many Latin American countries. Latin America’s leftist leaders, among them President Hugo Chávez of Venezuela, Evo Morales of Bolivia, Rafael Correa of Ecuador and Luiz Inácio Lula da Silva of Brazil, continued to display an aggressive intolerance towards critical media, verbally lashing out at the largely privately-owned media, accusing them of anti-government bias, denying them interviews and access to information, and using the allocation of state advertising to reward or punish media outlets for their coverage. In Argentina, outgoing President Néstor Kirchner’s administration used official advertising to influence editorial content and the coverage of the presidential election in October, which was won by his wife, Cristina Fernández. Access to government information remained limited during the last months of Kirchner’s administration and the situation was not expected to improve under Christina Fernández, who is known for her lack of openness toward the media. hroughout the year, journalists faced threats, intimidation and physical attacks at the hands of local powerbrokers, drug traffickers and common criminals. Despite the transfer in power from Fidel Castro to his brother, Raúl, Cuba’s media remains under the tight control of the Communist regime In Brazil, where relations between the media and President Lula’s administration became increasing hostile, one journalist was murdered. On 5 May, Luiz Carlos Barbon Filho, a columnist for the local daily Jornal do Porto, was shot to death by unidentified gunmen while sitting at a bar terrace in Porto Ferreira. Like Barbon, who was well known for his investigative reporting, journalists reporting on corruption, drug trafficking and other illegal activities outside the major urban areas of Rio de Janeiro and São Paulo faced harassment, death threats and violent attacks. he media also had to contend with a rash of litigation, including defamation lawsuits and various court rulings restricting press freedom. In Bolivia, relations between Evo Morales, the first indigenous Bolivian to be become president, and the country’s pri- 2007 World Press Freedom Review vate print and broadcast media continued to deteriorate. Morales and members of his administration accused the media, largely controlled by the conservative, Europeandescended elite, of being “landowners” and representatives of the “oligarchy.” Journalists or media outlets attempting to cover the country’s political crisis, especially in the eastern department of Santa Cruz, where the opposition majority was threatening to secede from Bolivia, were the target of frequent physical attacks and violence. While the number of journalists’ deaths has fallen under President Álvaro Uribe’s administration, Colombia remains one of the most dangerous countries in the Americas in which to practice journalism. In particular, journalists working outside the capital, Bogotá, who attempted to investigate corruption and drug trafficking, or report on the country’s decades-long civil war, continued to face threats, harassment, and physical attacks at the hands of right-wing paramilitaries, leftist guerrillas, corrupt officials, drug traffickers and other common criminals. Several journalists were forced to flee into exile after receiving death threats. Despite the transfer in power from Fidel Castro to his brother, Raúl, Cuba’s media remains under the tight control of the Communist regime and its intelligence apparatus. Journalists working for independent news agencies are not recognised by the authorities, and are systematically monitored, harassed, detained, interrogated or imprisoned. Two journalists were freed in 2007, but two others were jailed. In all, 24 journalists are currently languishing in prison under terrible conditions, making Cuba the world’s second biggest jailer of journalists after China. Mexico remained the most dangerous country in the Americas for journalists In El Salvador, journalists were generally able to operate freely under the administration of President Elias Antonio Saca, a former radio and television journalist. However, one journalist, Salvador Sánchez Roque, was murdered on 20 September after reporting about local gang members. hroughout the year, Guatemalan journalist groups reported numerous cases of harassment, intimidation and violence against journalists. Mario Rolando López Sánchez, producer of a political debate programme for Radio Sonora, was shot dead outside his home in Guatemala City on 3 May, World Press Freedom Day. Another journalist, Carlos Salgado, the popular host of a satirical radio news programme, was murdered in neighbouring Honduras. Two others were forced to flee the country out of fear for their lives. President Manuel Rosales’s aggressive rhetoric when referring to the media has also led to an increasingly hostile atmosphere for journalists. Criminal defamation legislation further impeded the work of journalists, especially those reporting on corruption, drug trafficking and human rights abuses committed under the country’s former military regime. Mexico remained the most dangerous country in the Americas for journalists. Two journalists, Saúl Noé Martínez Ortega, a crime reporter for the newspaper Interdiario in Agua Prieta, Sonora state, and Amado Ramírez, a correspondent for the television network Televisa in Acapulco, Guerrero state, were murdered. Several others went missing. Frequent attacks on journalists reporting on drug trafficking, combined with the impunity accompanying these crimes, but also the increasing harassment and intimidation by local officials and police, has led to widespread self-censorship. In Paraguay, attempts by the government to intimidate the media increased during the campaign for the April 2008 general elections, with President Nicanor Duarte Frutos and members of the ruling Colorado Party – but also opposition leaders – lashing out at the media. Peru’s media enjoyed an improved press freedom environment after the toppling of President Alberto Fujimori in 2000, but the number of attacks against journalists, especially those working in the provinces, has increased dramatically over the past few years. One journalist was murdered. On 16 March, Miguel Peréz Julca, a radio journalist, was gunned down in Jaén, Cajamarca region. During his last programme, Pérez had said he planned to reveal the names of corrupt local police officers. In Venezuela, the country’s privatelyowned and largely pro-opposition media faced continued verbal and physical attacks, as well as legal and administrative harassment. The government’s decision not to renew the broadcasting licence of 69 Radio Caracas Televisión (RCTV) was aimed at silencing the critical voice of the country’s oldest private TV station and met with international condemnation and protests in the capital, Caracas. President Chávez suffered a setback in a 2 December referendum when Venezuela’s citizens narrowly rejected proposals to change the constitution, which would have given the president more powers to restrict the news media during a state of emergency. Canada’s journalists, increasingly concerned over attempts to force journalists to reveal confidential sources and the willingness of the police to seize videotapes, notes and other material collected by reporters, welcomed several rulings that upheld the right of journalists to protect their sources. In the United States, Chauncey Bailey, editor-in-chief of the weekly Oakland Post, was gunned down in broad daylight in August on a street in downtown Oakland, California, by an assailant dressed in black and wearing a mask. Bailey was the first American journalist to be deliberately targeted because of his profession since 1993. He had been investigating the alleged criminal activities of a local business. Bailey was the first American journalist to be deliberately targeted because of his profession since 1993 Lance Williams and Mark Fainaru-Wada, two San Francisco Chronicle reporters, avoided going to jail in February after their alleged source, lawyer Troy Ellerman, came forward. hey had faced up to 18 months in prison for refusing to reveal who leaked grand jury testimony given during a criminal investigation into the alleged use of steroids by professional athletes. In April, the independent video blogger Josh Wolf was released from a federal penitentiary in California after spending 226 days in jail, making him the longest-imprisoned journalist in U.S. history. He was jailed after refusing to comply with a grand jury subpoena to hand over unedited video footage of anti-G8 Summit protests he had filmed in San Francisco in July 2005. hese and other attempts to force journalists to reveal their sources or materials in federal cases around the country led to increased efforts to enact a federal shield law for reporters. Michael Kudlak mkudlak@freemedia.at World Press Freedom Review 70 2007 Argentina By Nayeli Urquiza Haas I n national presidential and legislative elections on 28 October, Argentines elected Cristina Fernández de Kirchner as their new president. However, it was expected that the tense relationship that existed between the media and the administration of her husband and predecessor, Néstor Kirchner, would continue. he former president was harshly criticised by local and international press organisations for his reluctance to grant interviews to the press, guarantee access to information, or decriminalise slander and defamation. Like her husband, Cristina Kirchner is known for her lack of openness toward the press. his hostile attitude was evident during an official trip to Spain shortly before Election Day, when the then senator refused to grant interviews to the Argentine press and only gave interviews to foreign media, including the Spanish newspaper El País and CNN en Español. Reporters from the state-owned news agency TELAM were the only Argentine journalists who were granted access to the candidate for the ruling Frente para la Victoria (FV). Like her husband, Cristina Kirchner is known for her lack of openness toward the press Marta Carraro, a lawyer and candidate for mayor of a town in Buenos Aires province, filed a penal complaint against Kirchner on 5 September for discriminating against Argentine journalists. Carrero, a candidate for the opposition party Civic Coalition (CC), also filed charges against the president’s spokesperson and the Argentine Ambassador to Spain, Carlos Bettini, for failing to fulfil their obligation as public officials to report on their activities, reported the Forum for Argentine Journalists (FOPEA). In an unprecedented ruling, Héctor Martínez, a federal judge in Salta province, dealt a severe blow to Argentine journalism in 2007 when he handed journalist Sergio Poma a one-year suspended prison sentence on a criminal slander complaint brought by the local governor, Juan Carlos Romero, and barred him from working for one year. Since 2001, Poma, the owner of local radio station FM Noticias and co- founder of the Association of Salta Journalists (APES), had been the target of death threats, vandalism, and economic pressure for his investigations into government corruption and the alleged links between local politicians and regional drug traffickers. Poma had three other criminal slander cases pending – one filed by the governor, another by the governor’s brother, and the third by the governor’s secretary – but died of cancer on 11 January 2008. Poma’s case was just one of the many worrisome attacks against the press in Salta province. APES accused the provincial government of discrimination in the allocation of public advertising; the criminal persecution of journalists; and the refusal to end impunity for police abuse. On 1 August, Dario Illanes, a reporter for the daily El Tribuno, based in the city of Salta, was arrested and beaten by police while covering a story about the mistreatment of youths at a detention centre for minors. Illanes and several other journalists were covering the aftermath of a riot at the detention centre when a group of ten officers dragged him into a cell, beat him and detained him for an hour and a half without any specific charges, reported the local daily Noticias de Iruya. On the national level, other investigative journalists and crime reporters were the target of harassment and violent assaults during 2007. On 27 March, a group of armed men broke into the house of Carlos Russo, editor of the Buenos Aires-based Perfil, and threatened the journalist and his family at gun point. Russo reported the attack to the Freedom of Expression Commission of the National Chamber of Deputies. He said three unidentified men searched through his papers and stole a notebook containing the names of approximately 100 public authorities under investigation for tax evasion and bribery in the so-called “Skanska Case”, involving a pipeline project carried out by a Swedish company. Julio Vido, the Minister of Federal Planning and a close associate of former president Néstor Kirchner, is among the high-level authorities involved in the case. he military past of Argentina continues to be a threat to journalists. Several former military officers accused of crimes against humanity during the country’s military dictatorship have been put on trial since the scrapping of the immunity laws in 2003. Gabriel Oyarzo, a photographer for the newspaper Río Negro, was assaulted on 8 June by the son of Jorge Molina Escurra, a former military intelligence officer accused of crimes against humanity. The photojournalist was thrown to the ground and threatened after taking pictures of the former officer. Oyarzo reported the attack to the Attorney General of Nequén province. On 16 July, journalist Fabián Cardozo was prevented by members of the National Gendarmes (Gendarmería Nacional) from taking pictures at a courthouse in Orán, Salta province, during a hearing on the 1976 kidnapping and murder of Jorge Rene Santillán. A few days later, the journalist was notified that he was being investigated for committing “the crime of working without the possession of a journalism degree,” in violation of article 247 of the Penal Code. Héctor Martínez, a federal judge in Salta province, dealt a severe blow to Argentine journalism in 2007 when he handed journalist Sergio Poma a one-year suspended prison sentence on a criminal slander complaint brought by the local governor, Juan Carlos Romero, and barred him from working for one year Organised crime has become a risky beat for Argentine journalists to cover. Beginning in July, Claudia Acuña, founder of the online news agency La Vaca and MU newspaper, was the target of harassment by the police. he journalist and women’s activist told Reporters Without Borders (RSF) that police officers were stalking her and checking the identity of the people coming to her house. Acuña believed she was being harassed because of her book, “Ninguna mujer nace para puta” (No woman is born to be a whore), which exposed a Buenos Aires prostitution ring and denounced the sexual harassment of women by police, judicial authorities and politicians. On 4 February, Maria Benitez, journalist for Canal 8 television station, based in 2007 World Press Freedom Review the city of Colón, Entre Rios province, received an anonymous death threat in connection to a series of comments she made over a case of police brutality against four local youths. On 31 October, Nora Ruiz, a reporter for the local daily El Tribuno de Jujuy, and Fernando Lopez, director of the radio station Radio Impacto and the daily Hechos y Protagonistas, were assaulted and received death threats after taking pictures of the mayor of San Pedro Jujuy and a province legislator, who were removing boxes with government documents. Carlos Lops, provincial legislator for the Judicialist Party (JP), tried to run over Lopez with a motorcycle, while Mayor Julio Moisés filed a complaint against Ruiz for trespassing public property, FOPEA reported. The general election in Argentina brought about an increasingly hostile attitude towards the press. On 25 April, a group of supporters of Juan Carlos Blumberg, a candidate for governor of Buenos Aires province, physically attacked and threatened Javier Giannini, a reporter for FM Voces radio station. He received further threatening telephone calls after the incident. On 13 September, radio reporter Adela Gomez was shot in the foot with rubber bullets while covering a protest by union workers of the oil services company, Empasa. he national daily El Clarín reported that national border guards charged the protesters in order to open the way for supporters of the Frente para la Victoria (FV) to march in an election rally held in the city of Río Gallegos, Santa Cruz province. Gómez told local media she had identified herself as a reporter, but was shot nonetheless. The guard responsible was discharged. hroughout the year, several broadcast programmes were cancelled because of alleged pressure by local authorities. On 8 January, the managers of FM Centro cancelled the news commentary programme “Hablar de ciertas cosas”, hosted by journalist Walter Anestiades. he station’s management justified the closure by arguing that Anestiades was planning to defame Edwaldo Rindfleisch, the mayor of the city of Oberá, Misiones province, by accusing him of sexual abuse. Anestiades told FOPEA he had not been paid for several months and had been a target due to his critical tone against the mayor. 71 Newly-elected Argentine President Cristina Fernández speaks to journalists at the XVII Ibero-American Summit in Santiago de Chile, 8 November 2007. (AP Photo/Eduardo Di Baia) On 5 March, the programme “La Ronda”, broadcast by the public service radio station LU14 Radio Provincia, was cancelled after pressure from the government of Santa Cruz province. According to RSF, the station’s management argued that the host of the show should not have urged the government to raise school teachers’ wages via a public radio station. On 25 July, local authorities from the municipality of San Lorenzo, Santa Fe province, unexpectedly shut down the printing press of the regional daily El Observador, known for its critical stance towards the administration of Mayor Monica de la Quintana. In a surprise visit, a city official decided to shut down the printing press, arguing it did not have the required permits. Argentina has over 150 media outlets, which are predominantly run by private operators. Media critical of the government have suffered from the inexistence of a framework regulating allocation of public advertising. Governors and mayors used their power to coerce media owners to shut down programmes critical of official views. Since January, FOPEA has repeatedly requested a report on the government’s advertisement allocation policy. Local journalists have complained that Edwaldo Rindfleisch, the mayor of Oberá, Misiones province, has allocated public advertising according to whether a media outlet has reported positively or negatively about his administration. Despite the negative response by federal authorities to enact a law aimed at regulating the allocation of public advertising, the Supreme Court set an encouraging precedent in September. he court ruled against the provincial government of Nequén for withdrawing an advertisement contract from the national daily, Río Negro. he abrupt cancellation of contracts with the provincial lottery and other public institutions occurred shortly after the paper had published in 2002 that members of Nequén’s legislature were engaged in corrupt activities, FOPEA reported. he ruling expressly condemned the provincial government for “manipulating official advertising” in order to indirectly limit free● dom of expression. World Press Freedom Review 72 2007 Bolivia R elations between Evo Morales, the first indigenous Bolivian to be become president, and the country’s private print and broadcast media continued to deteriorate throughout 2007. Morales, who took office in January 2006, and members of his administration have accused the media, largely controlled by the conservative, European-descended elite, of being “landowners” and representatives of the “oligarchy.” Morales has also claimed that his administration is a “victim of media terrorism.” his aggressive rhetoric has led to a climate of growing tensions between the government and the media, and has been compared to the situation in Venezuela, where President Hugo Chávez’s rhetoric has created a climate of intimidation and hostility in which the largely pro-opposition media have found it increasingly difficult to operate. As in Venezuela, many journalists in Bolivia have been verbally and physically attacked by groups close to the government, but also by members of the conservative opposition. As in Venezuela, many journalists in Bolivia have been verbally and physically attacked by groups close to the government Several existing laws continue to hinder a free press in Bolivia. Criminal defamation legislation, carrying prison sentences of up to three years, remains on the statute books, resulting in some self-censorship. he use of excessive force by the police and army also continued to impede independent reporting. Journalists’ groups, including Bolivia’s National Press Association (ANP) and the Inter American Press Association (IAPA), expressed concern that the new constitution, which is aimed at giving more power to Bolivia’s indigenous majority and is scheduled to go before voters in a 2008 referendum, will not guarantee freedom of expression and freedom of the press, according to the principles contained in Article 19 of the UN Universal Declaration of Human Rights and Article 13 of the American Convention on Human Rights. In particular, Article 107, which says that information and opinions expressed through the media must respect the principles of “veracity and responsibility,” was an issue of concern. hroughout the year, journalists’ organisations reported numerous attacks on the press. Reporters or media outlets attempting to cover the country’s political crisis, especially in the eastern department of Santa Cruz, where the opposition majority was threatening to secede from Bolivia, were the target of frequent physical attacks and violence. On 8 January, several reporters, photographers, and camera operators were attacked while covering violent demonstrations in the central city of Cochabamba, Cochabamba department, approximately 230 kilometres southeast of the capital, La Paz. housands of demonstrators, including members of President Morales’ Movimiento al Socialismo (MAS) party, labour unions and indigenous groups, took to the streets protesting against Governor Manfred Reyes Villa, who was seeking a referendum for the greater autonomy of Cochabamba province. Police fired tear gas and rubber bullets, while protesters responded by throwing rocks and other objects. Some of the journalists were targeted by demonstrators and security forces; others were caught in the crossfire, CPJ reported. hose attacked or injured included Víctor Cabezas, Alfredo Orellana, María Elena Soria and Limbert Sánchez of the local television station Univalle; Cristian Rivero, a reporter for the national TV station Bolivisión; Elizabeth Paravicini and Noé Portugal of the daily Los Tiempos; Efraín Gutiérrez of the Cochabamba-based radio station La Chiwana; Jorge Abregó, a photographer for the press agency Fides; Bolivia’s President Evo Morales gives a press conference at the presidential palace in La Paz, 2 October 2007. (AP Photo/Juan Karita) Efraín Muñoz, a correspondent for the press agency Agencia Bolivariana de Información (ABI); and freelance photographer Raúl Guevara. Several journalists, including Uriel Gutiérrez of the TV station Sitel, Analía Alvarez of the daily La Estrella del Oriente, Aydeé Rojas of the daily El Nuevo Día, and Christian Peña y Lillo of the daily El Deber, were physically attacked by police and military troops while covering pro-opposition demonstrations at Viru Viru International Airport in Santa Cruz, Santa Cruz department, RSF reported. Local leaders of the Federation of Press Workers condemned the actions of the police and military and called on the government, security forces and political parties to “respect the press as an essential tool for consolidating democracy.” On 25 November, at least five journalists were beaten by police in the city of Sucre Chuquisaca department, while covering anti-government protests, in which four people were killed and hundreds injured, CPJ reported. he violence occurred during protests against the government’s efforts to approve the new constitution. Aizar Raldes, a photographer with AFP, Ricardo Montero and Pablo Ortiz, a photographer and reporter, respectively, for the daily El Deber, and Adriana Gutiérrez and Pablo Tudela, a reporter and camera- 2007 World Press Freedom Review 73 Brazil man, respectively, for the national TV station, PAT, were covering the protests when police attacked them. In La Paz, three privately-owned TV stations – ATB, PAT and Unitel, were attacked by pro-government demonstrators on 26 November after a pro-constitutional reform rally by President Morales. On 24 November, Morales had accused media owners of pressuring their journalists to discredit the constituent assembly. he use of excessive force by the police and army also continued to impede independent reporting On 27 November, dozens of journalists demonstrated in Sucre, protesting acts of aggression against the media by both police and militant groups. In December, IAPA protested the governments sudden announcement of a tax audit of news media, saying the action “could be interpreted as a reprisal meant to silence press criticism in the country’s current tense political climate.” he president of Bolivia’s National Tax Service, Marlene Ardaya, had previously said that she would conduct an audit of the nation’s print media and telecommunications companies to determine if they are paying their taxes. She denied the move was politically motivated. ● Death watch country (1) W ith hundreds of newspapers and television channels and thousands of radio stations, Brazil is South America’s largest media market. he country’s independent media report vigorously on government performance and other political and social issues. However, journalists working in the country’s interior who attempt to investigate drug trafficking, corruption and other illegal activities continue to face threats, physical attacks and even death at the hands of local power brokers and criminals, making Brazil one of the most dangerous countries in the Western Hemisphere in which to practice journalism. When not confronted with threats and physical violence, Brazil’s journalists also had to contend with censorship attempts and a rash of litigation, including criminal and civil defamation lawsuits. Relations between President Luiz Inácio Lula da Silva, who secured a second term in a landslide victory in the 2006 general elections, and the media became increasingly hostile, with administration officials and government supporters routinely lashing out at the media. On 31 July, the ruling Workers’ Party (PT) issued a resolution encouraging its members to oppose “attacks from the right and its allies in the media against the party and government.” In particular, TV Globo and the daily newspapers Correio Braziliense, O Estado de São Paulo, O Globo and A Folha de São Paulo were singled out. One journalist was murdered in Brazil in 2007. On 5 May, Luiz Carlos Barbon Filho, a columnist for the local dailies Jornal do Porto and JC Regional and a contributor to the local radio station Rádio Porto FM, was shot to death by two masked men on a motorcycle while sitting at a bar terrace in the southern city of Porto Ferreira, São Paulo state. Barbon was known for his investigative reporting on political corruption. Witnesses said that one of the men got off the motorcycle and shot Barbon twice at close range. He was taken to hospital, where he later died. His wife, Cátia Rosa Camargo, said her husband had received numerous threatening letters and telephone calls, and that these led him to shut down his newspaper, Realidade. Another journalist, Amaury Ribeiro Junior, a crime reporter for Correio Braziliense, was shot in the stomach while outside a bar in Cidade Occidental, a suburb of the capital, Brasilia, on 19 September. He was investigating a story on organised crime at the time. Four suspects were arrested on 27 September. Authorities claimed Ribeiro was the victim of an attempted robbery, but the journalist said he was targeted because of his reporting on drug trafficking. Relations between President Luiz Inácio Lula da Silva, who secured a second term in a landslide victory in the 2006 general elections, and the media became increasingly hostile João Alckmin, host of the programme “Showtime” on Rádio Piratininga, narrowly survived an assassination attempt in November, when an unknown assailant on a motorcycle opened fire on him in São José dos Campos, São Paulo state. Alckmin, who was walking his dog in the city centre when the gunman shot at him, was investigating alleged corruption within the local police force. He had received numerous threatening telephone calls and letters. On 4 February, Domingues Júnior, a presenter for the television channel Rede TV Rondônia in the city of Porto Velho, was assaulted by five men as he arrived home with his family. he assailants, who were armed with guns, bound and hit him, then tied up his wife and children, before fleeing with various items belonging to the journalist and his family. Júnior suspected that the attack was linked to a series of reports he had broadcast on his programme, “Fala Rondônia”, in which he accused members of the state government of corruption. In May, journalist Justino Oliveira Filho, host of the current affairs programme “Aqui e Agora” on TV Difusora in Imperatriz, Maranhão state, reported receiving death threats, beginning in February, that were linked to his reports on local corruption. In June, a judge in Bahia state banned the Metropóle media group, which includes a magazine, a radio station and a Website, from mentioning the name of João World Press Freedom Review 74 2007 Canada Henrique Carneiro, mayor of the state capital of Salvador de Bahia. he judge also ordered the seizure of 30,000 copies of the magazine Metropóle, which featured a cartoon of the mayor on its cover. Also in, June, a judge in São Paulo state banned the weekly Folha de Vinhedo from publishing an article in which Paulo Cabral, a former municipal official in Vinhedo, accused local authorities and businessmen of corruption. Judge Ana Lúcia Xavier Goldman ordered “preventive censorship” of two June editions of the weekly. Luiz Carlos Barbon Filho, a columnist for the local dailies Jornal do Porto and JC Regional and a contributor to the local radio station Rádio Porto FM, was shot to death by two masked men In October, a judge in the city of Maceió, Alagoas state, prohibited the local newspaper Extra from publishing any articles directly or indirectly related to congressman Olavo Calheiros, who had filed a civil defamation lawsuit against the newspaper following the publication of a series of articles related to the Calheiros family and their alleged involvement in corrupt activities. Calheiros also asked for a “provisional injunction” restraining the newspaper from publishing any further stories related to him. ● C anada’s Charter of Rights and Freedoms guarantees freedom of opinion and expression, including freedom of the press, but the country’s journalists have become increasingly concerned over attempts to force them to reveal confidential sources and the willingness of the police to seize videotapes, photographs, notes and other material collected by reporters. On 17 April, Jawaad Faizi, a columnist for the Urdu-language bi-weekly Pakistan Post, was attacked in Mississauga, Ontario, by two men who hit him with a cricket bat, smashed the windshield of his car, and told him to stop writing about the Pakistan-based Muslim group, Idara Minhajul-Quran. Both Faizi and his editor, Amir Arain, had received threatening telephone calls previous to the attack. “hat this attack happened here in Canada is of great concern to us,” Canadian Journalists for Free Expression (CJFE) said. “We call on the police to treat this matter extremely seriously and ensure that a full investigation into the attack is initiated immediately.” In May, CJFE said the independence of Canadian journalists was at stake as journalist Derek Finkle’s fight to quash a subpoena against him went back to court. he subpoena was issued in October 2006 to gain access to Finkle’s research materials for his 1994 book, “No Claim to Mercy”, about the murder trial of Robert Baltovich, who was appealing his conviction. Karine Gagnon of the Quebec City-based Journal de Québec, faced pressure to reveal her sources On 28 June, Ontario Superior Court Justice David Watt quashed the subpoena issued against Finkle. “his decision is a stinging rebuke to the Crown and the police for engaging in what was clearly nothing more than a fishing expedition carried out without any regard for the constitutional protections guaranteed to journalists in Canada,” CJFE said. Another journalist, Karine Gagnon of the Quebec City-based Journal de Québec, faced pressure to reveal her sources in an article she wrote on 24 November 2006 about the potential health threat of asbestos in Quebec government buildings administered by the government property company, Société immobilière du Québec (SIQ). Among the sources cited in the ar- ticle was Denis Petitclerc of the SIQ, who was immediately fired by his employers after speaking to her and challenged his dismissal at the Quebec Labour Relations Board. On 19 June, Gagnon was ordered to appear before the administrative tribunal, which decided not to force the journalist to reveal her confidential sources. “his is great news for journalists. It is a further example of how Canadian society and adjudication tribunals are ruling in favour of reporters’ rights to keep their confidential sources confidential, CFJE said. “his is the first time that this has occurred at a Canadian Labour Board, but it sets a good precedent which only adds to similar rulings in other courts.” he independence of Canadian journalists was at stake as journalist Derek Finkle’s fight to quash a subpoena against him went back to court On 22 August, Charles Dubois, a cameraman for Radio-Canada, the French-language service of the Canadian Broadcasting Corporation (CBC), lost a leg below the knee in a roadside bomb blast in southern Afghanistan. he bomb also killed two Canadian soldiers and an Afghan interpreter. It was the first instance in which a journalist embedded with the Canadian Forces in Afghanistan was seriously injured. On 13 November, a three-judge panel of the Ontario Court of Appeal said carrying out responsible public interest journalism should be a defence against libel and slander suits for the news media. he decision was based on a case involving Ontario police officer Danno Cusson, who had sued he Ottawa Citizen for defamation after it published an article in 2001 that suggested he had acted improperly. Judge Robert Sharpe, who wrote the decision, stated that “where a media defendant can show that it acted in accordance with the standards of responsible journalism in publishing a story that the public was entitled to hear, it has a defence even if it got some of the facts wrong.” In July, following a 15-week trial in Chicago, Canadian-born media tycoon Lord Conrad Black was found guilty of three counts of mail fraud and obstruction of justice. In December, he was told to re- 2007 World Press Freedom Review 75 Chile port to prison in 12 weeks to begin a sixand-a-half year jail term. He was also fined US$ 125,000 and ordered to forfeit US$ 6.1 million. Black was charged in November 2005 with 11 counts of fraud in the United States for diverting millions of dollars from Hollinger International, a global media empire that included the Daily Telegraph, the Chicago Sun-Times and the Jerusalem Post. He resigned as chief executive officer of Hollinger International in November 2003 after the allegations of improper payments were first raised. He quit the Hollinger board in June 2005. Starting in 1966, Black built up a portfolio of Canadian newspapers, which once controlled nearly half of Canadian daily circulation. Hollinger sold off its Canadian titles in 2000 and 2001, most of them to CanWest Global, which is owned by the ● Asper family of Winnipeg. L ong suppressed by the military dictatorship of General Augusto Pinochet, the Chilean media enjoy a relatively free media climate. he constitution provides for press freedom, and both the print and broadcast media routinely criticise the government and cover sensitive issues, including corruption and human rights abuses during Pinochet’s 17-year-long rule. he 2001 press freedom act, signed into law by President Michelle Bachelet’s predecessor, Ricardo Lagos, repealed some of the most punitive provisions of the country’s infamous State Security Law (Ley de Seguridad Interior del Estado), including article 6b, which made it a crime to “libel, offend or slander” senior officials. However, the amended law contained several troubling provisions limiting the definition of a journalist to those holding a degree from an accredited journalism school and restricting the right to protect sources to “recognised” journalists. Moreover, the law did not remove all insult, or “desacato”, provisions. A Supreme Court ruling on 26 March, intended to regulate the work of journalists accredited to cover the country’s courts, met with widespread criticism from the Chilean press. he ruling, initiated by Judge Ricardo Gálvez, and approved in a closed-door plenary session, restricted the movements of journalists within courthouses and their ability to conduct interviews. In particular, it specified that the press should “respect the privacy of magistrates, prosecutors, clerks, judges and secretaries while moving around court buildings and associated car parks,” RSF reported. It also stipulated that journalists must desist from “approaching court officials without their consent and disturbing them with camera flashes or lighting or video recordings.” he ruling was adopted in a 16-2 decision. One of the two judges voting against it was the Supreme Court president, Enrique Tapia, RSF said. The Court Press Association (Agrupación de Periodistas y Camarógrafos de los Tribunales de Justicia) and the Chilean College of Journalists (Colegio de Periodistas de Chile) criticised the decision, describing it as an “attack on the right to inform the public.” On 30 March, the Supreme Court rescinded its decision, following protests by both international and local journalists’ organisations. In a unanimous ruling, made known on 9 August, the Supreme Court confirmed the conviction of three journalists of the TV station, Chilevisión, for using a hidden camera. News editor Patricio Caldichoury, reporter Fernando Reyes and producer Raúl Poblete Barrios each received a suspended three-month prison sentence. he court absolved news editor Alejandro Guillier. he charges date back to 2003, when Chilevisión broadcast a conversation, filmed with a hidden camera, in which Judge Daniel Calvo admitted to the operator of a sauna catering to homosexuals that he regularly frequented the establishment. At the time, Calvo was the judge handling the investigation into the so-called Spiniak case, a paedophile case that sent tremors through Chile’s political establishment. Confronted by Chilevisión with his admission, Calvo withdrew from the Spiniak investigation. Chilevisión maintained that Calvo’s behaviour compromised his ability to head an investigation into paedophilia. he Supreme Court confirmed the conviction of three journalists of the TV station, Chilevisión, for using a hidden camera In October 2003, businessman Claudio Spiniak was arrested and charged with sexual abuse of minors and promoting child prostitution and pornography. After several politicians of the right-wing Unión Democrática Independiente party (UDI) were accused of links to the child prostitution ring, the UDI filed a complaint, saying that the accusations had been instigated by political opponents, with the complicity of journalists. In December 2003, Chilevisión was charged with violating Article 161 (a) of the Criminal Code, which prohibits the recording of images without the knowledge of the individuals involved. ● World Press Freedom Review 76 2007 Colombia P resident Álvaro Uribe Vélez, who was first sworn in as president in August 2002 and secured a second four-year term in May 2006 promising to end Colombia’s endemic violence, has taken a tough stance against both right-wing paramilitary groups and left-wing guerrillas. Under his presidency, the murder rate and the number of kidnappings have fallen. However, his administration has been shaken by the so-called “para-political” scandal, which broke in late 2006 and exposed possible ties between paramilitary leaders and dozens of high-ranking government officials and politicians close to the president. he relationship between the president and the media continued to be tense as Uribe lashed out publicly at well-known Bogotá-based journalists Gonzalo Guillén and Daniel Coronell. Uribe lashed out publicly at well-known Bogotábased journalists Although the number of journalists’ deaths has sunk dramatically since 2002, when 15 journalists and media staffers were killed, Colombia remains one of the most dangerous countries in which to practice the profession of journalism. In particular, journalists working outside the capital, Bogotá, who attempt to investigate corruption and drug trafficking, or report on the country’s decades-long civil war, continue to face threats, harassment, and physical attacks at the hands of rightwing paramilitaries, members of the leftist Revolutionary Armed Forces of Colombia (FARC), corrupt officials, drug traffickers, and other common criminals. Frequently, the groups involved in Colombia’s civil war single out journalists or media outlets as “military targets,” using intimidation and violence to ensure they are portrayed favourably. he impunity that has accompanied these crimes has led to widespread self-censorship among Colombia’s journalists. he Colombian press freedom organisation, Fundación para la Libertad de Prensa (FLIP), among others, reported numerous press freedom violations throughout the year, including threats and physical attacks. Numerous journalists were forced to flee the country after receiving death threats, and several media outlets were the target of violent attacks. One journalist, Javier Darío Arroyave, was murdered, although the circumstances behind his death were unclear. Arroyave, news director for the local radio station Ondas del Valle and host of the news programme, “¿Cómo les parece?”, was stabbed to death on 5 September in his home in Cartago, Valle del Cauca department. Although the journalist’s laptop computer was missing, there were no signs of forced entry, police said. In May 2005, Arroyave temporarily cancelled his news programme following pressure from the then mayor of Cartago, Luis Alberto Castro, whom the journalist accused of corruption. Investigators believe Arroyave’s murder was a crime of passion, but colleagues said they could not rule out that he was killed because of his work as a journalist. Several journalists were forced to flee into exile after receiving death threats. On 8 March, Darío Arizmendi Posada, news editor at Radio Caracol and host of the programme “Seis AM hoy por hoy”, was forced to flee the country after receiving death threats from an unidentified group. Also in March, Germán Hernández, news director of the Neiva-based daily El Diario del Huila, fled his hometown after receiving anonymous death threats. In May, Rodrigo Callejas, host of the daily news programme “Debate 5” on the local radio station Fresno Estéreo, was forced to flee his home in Fresno, Tolima department, after receiving death threats from a man who identified himself as Luis Alfonso, commander of a subgroup of the FARC. Callejas had reported on guerrilla activities in the region. Numerous journalists were forced to flee the country after receiving death threats In September, Juan Pablo Monsalve, a Bogotá-based reporter for the news programme “La Noche” on the national television station RCN, fled the country after receiving several death threats in August linked to his reporting on alleged local government corruption in Cantagallos, Bolívar department. In October, Gonzalo Guillén, a correspondent for the Miami, U.S.-based daily El Nuevo Herald, was forced to flee Colombia after receiving 24 death threats by telephone and e-mail following comments made by President Uribe. On 2 October, Uribe had called two national radio stations, Caracol Radio and RCN Radio, to deny allegations made by Virginia Vallejo in her book, “Amando a Pablo, odiando a Escobar” (Loving Pablo, Hating Escobar), that he had had close ties to the deceased drug baron Pablo Escobar. Uribe said Guillén had collaborated with Vallejo in writing the book, and also accused the journalist of “being a person who has persisted in trying to harm me,” the Committee to Protect Journalists (CPJ) reported. CPJ and the International Federation of Journalists (IFJ), among others, called Uribe’s comments “irresponsible” and “reckless” and a contribution to the “climate of fear confronting the Colombian news media.” Guillén, who said he had nothing to do with the book, had already received several threats linked to his reporting on possible ties between paramilitaries and officials close to Uribe. he group said Morris was an “anti-patriot” and a “member of the guerrillas,” and had won a coffin in a raffle On 9 October, President Uribe endangered the life of another journalist when he requested the host of a morning programme on La FM to call Daniel Coronell, news director of TV network Canal Uno and a columnist for the weekly magazine Semana, in order to rebut the journalist’s latest column, CPJ reported. In the column, Coronell had mentioned the recent allegations made by Virginia Vallejo in her book. In an hour-long, on-the-air discussion with Coronell, Uribe called the journalist a coward, liar, swine, and professional slanderer. A few hours after the broadcast, Coronell received the first of several death threats. Also in October, Hollman Morris, an independent journalist and producer of the weekly investigative news programme “Contravía” on the television station Canal Uno, was forced to flee the country following death threats linked to his reporting. On 26 September, Morris received a threatening e-mail from a group calling itself the Colombian Patriotic Front (“Frente Patriótico Colombiano”). he group said Morris was an “anti-patriot” and a “mem- 2007 World Press Freedom Review 77 Four alleged paramilitaries are presented to the media at a military base after being captured in Cúcuta, Colombia, 23 October 2007. (AP Photo/Luis Robayo) ber of the guerrillas,” and had won a coffin in a raffle. Morris had already been the target of threats in March 2006, after a video accusing him of being a spokesman for the FARC began circulating. Another journalist, Geovanny Álvarez Castro, co-director and host of the daily news programme “La Verdad” (he Truth), broadcast by the community radio station La Nueva in the northern city of Sabanalarga, Atlántico department, also fled the country in October after receiving several anonymous death threats apparently linked to his reporting on local corruption. On 21 September, the Sabanalarga police had informed the journalist of a possible attempt against his life. In other cases of intimidation, harassment or violent attacks against the media, two unidentified gunmen fired shots outside the offices of the Cali-based bi-monthly La Razón on 21 February, injuring three people, including the bodyguard of the paper’s director, Édgar Buitrago Rico. Buitrago believed the attack was linked to his paper’s critical reporting on local government corruption. Buitrago said he had received numerous anonymous death threats since August 2006. In 2004, he was forced to flee Cali following repeated death threats. In April, Diego Waldrón, owner and editor of the magazine Revista Gente in Barrancabermeja, Santander department, received threatening anonymous telephone calls after publishing a report on local corruption. Waldrón was also threatened in 2004, when he worked for the radio station Calor Estéreo. On that occasion, Waldrón and his colleague, Garibaldi López, were threatened after reporting on ties between local politicians and paramilitary groups. In June, Rubén Darío Valencia, editor of the Cali-based daily newspaper Q’hubo, was informed about an alleged plot against his life. he threat was apparently linked to articles published in the newspaper about the arrest of Olmes Durán Ibargüen, the alleged head of a drug trafficking cartel based in Colombia’s Pacific coast region. On 8 August, various broadcast media outlets in the north-eastern department of Arauca, including Sarare Estéreo, La Voz del Cinaruco, La Voz del Río Arauca and Meridiano 70, received a pamphlet from the FARC declaring an “armed stoppage” (“paro armado”) in the region, and warning journalists that they must read the announcement on air three times on news programmes over the course of two days or be regarded as military targets. Press groups demanded that the government do more to protect journalists targeted by the guerrilla group. On 22 November, Feibir Beltrán Luna, director of the local TV station Cauca Visión, received a death threat in the east- ern city of Popayán, Cauca department, following reports by the station on local police corruption. An unidentified man told him that he and his family were targeted for murder. Beltrán believed the threat was related to his station’s reporting on alleged corruption involving members of the local police. Beltrán first began receiving death threats in February 2006. Also on 22 November, Diro César González, director of the weekly newspaper La Tarde, received an anonymous letter at his home in Barrancabermeja, Santander department, offering condolences on his death. González believed the threat was linked to La Tarde’s coverage of local corruption and paramilitary activities. In January 2006, González relocated to Bogotá for almost a year after two unidentified men warned González’s wife, Tatiana Sánchez, that her husband’s name was on a paramilitary “black list” of journalists targeted for assassination. On 12 December, the radio station Maravilla in Valledupar, Cesar department, received a pamphlet apparently signed by right-wing paramilitaries, which contained a hit list of 24 residents of the city designated as “military targets,” including Enrique Camargo Plata, director of news programming for the radio station Radio ● Guatapurí. World Press Freedom Review 78 2007 Cuba By Charles Arthur C uba has the most restrictive laws on free speech and press freedom in the hemisphere. The constitution prohibits private ownership of media, and allows free speech and press only if they “conform to the aims of a Socialist society.” Cuba’s legal and institutional structures are firmly under the control of the executive. he country’s criminal code provides the legal basis for the repression of dissent, and in the name of protecting state security, laws criminalising “enemy propaganda” and the dissemination of “unauthorised news” are used to restrict freedom of speech. The 1997 Law of National Dignity, which provides for jail sentences of 3 to 10 years for “anyone who, in a direct or indirect form, collaborates with the enemy’s media,” is aimed at the independent news agencies that send their material abroad. he few journalists working for independent news agencies, writing articles for foreign websites, or publishing underground newsletters, continued to be routinely monitored, harassed, detained, interrogated, or sometimes imprisoned. Not much changed as a consequence of the hand-over of power from President Fidel Castro to his younger brother, Raúl, in July 2006, but independent journalists told the Committee to Protect Journalists (CPJ) that official harassment declined in 2007, with fewer detentions and direct threats. During the year, two journalists were freed from prison, but two more were imprisoned, leaving a total of 24 journalists remaining in long-term detention During the year, two journalists were freed from prison, but two more were imprisoned, leaving a total of 24 journalists remaining in long-term detention. Twenty of those in prison were among the 27 journalists arrested in the so-called “black spring” crackdown of March 2003. he two journalists jailed in 2007 were Ramón Velázquez Toranso and Oscar Sánchez Madan. Velázquez, of the Libertad agency, was sentenced on 23 January to three years in prison under a criminal code provision that allows the Cuban authori- ties to imprison any citizen as a potential danger to society, even if they have not committed a crime. Sánchez, a Matanzas province correspondent for the Miamibased Cubanet web site, was arrested on 13 April by members of the State Security police. He was given the maximum sentence of four years in prison for contravening the same criminal code. Authorities had warned Sánchez to stop working as an independent journalist after he published articles that attempted to document the actual size of the sugar cane harvest, which was smaller than the government’s official harvest figures. hree foreign journalists were forced to leave the country in 2007 On 27 September, 6 journalists were among some 30 government opponents arrested at a peaceful demonstration to support political prisoners staged in the capital, Havana. hey were freed the next day. hree foreign journalists were forced to leave the country in 2007. he Havana correspondent of the US daily, Chicago Tribune, Gary Marx, and the correspondent for the Mexican daily, El Universal, César Gonzáles-Calero, had their press cards cancelled on 22 February and were told to leave the country. Marx, who has been based in Havana since 2002, was told that he and his family must leave the country within 90 days. He told his newspaper: “hey said I’ve been here long enough and they felt my work was negative.” he following day, the BBC correspondent, Stephen Gibbs, was prevented from re-entering the country, and eventually had to leave his post. here was a major setback in April when the sole legal outlet for critical commentary and analysis within Cuba first suspended publication and then reappeared with a much less critical focus. Dagoberto Valdés Hernández, the editor of Vitral magazine published by the diocese of the western city of Pinar del Río, announced he was ceasing publication due to a lack of paper and ink. In June, Vitral resumed publication under new editorial management and an editorial stance concentrating on coverage of church events. Oscar Espinosa Chepe, a freelance journalist, said: “he end of Vitral’s open viewpoint was the hardest blow to the independent press this year.” Cuba’s acting President Raúl Castro points toward journalists after attending a ceremony with Venezuela’s President Hugo Chávez in Havana, 13 June 2007. (AP Photo/Javier Galeano) More positively, a growing trend is the proliferation of personal independent pages, or ‘blogs’. According to the US State Department, the Cuban blogs, mostly written under pseudonyms, contain “confident and caustic references about today’s situation in Cuba.” he authors connect to the web in private cybercafés or using passwords bought on the black market. State control of Internet access remained tight. he general population can only log on from hotels or government-controlled Internet cafés by means of voucher cards that are expensive and often difficult to find, according to the CPJ. ● 2007 World Press Freedom Review 79 Ecuador R afael Correa of the Alianza PAIS party, who won the run-off vote in presidential elections in November 2006 promising a “social revolution” to benefit the largely indigenous poor, was sworn in as president in January 2007, joining a host of Latin American leftist leaders, including Venezuelan President Hugo Chávez and Bolivian President Evo Morales, who have consolidated their power across much of the region. Like Chávez and Morales, Correa has called for a new constitution, which would expand the power of the executive branch and allow for greater government control over the media. And like Chávez and Morales, Correa regularly lashes out at the largely privately-owned print and broadcast media, calling them “liars” and “incompetents”, and the “property of bankers.” The present constitution guarantees freedom of speech, and journalists are generally able to report freely. However, some self-censorship, especially regarding politically sensitive issues and the armed forces, is still exercised. he media are also required by law to give the government free space or airtime. Defamation and “insult” remain criminal offences punishable by up to three years in prison. Correa regularly lashes out at the largely privately-owned print and broadcast media On 15 September, during a radio broadcast, Correa asked the new constituent assembly, which began its work in November, to further regulate the media in order to “stop them from being able to manipulate information.” In March, Nelson Fueltala of the daily La Gaceta and the radio station Radio Latacunga, was sentenced to 60 days in prison by the high court in the central province of Cotopaxi for allegedly insulting the mayor of Pujilí, RSF reported. he sentence stemmed from a 2 June 2006 article which quoted comments by then-municipal commissioner Ricardo Estrella criticising Pujilí mayor Marcelo Arroyo Ruiz. he mayor brought a complaint before a local court, which acquitted Fueltala. However, the acquittal was overturned on 6 March by the high court, which ordered Fueltala to pay US$ 70 in damages and sentenced him to 60 days in prison. Fueltala appealed the sentence. El Salvador On 10 May, President Correa filed a criminal defamation lawsuit against the Quito-based daily La Hora, after it published an editorial on 9 March titled, “Vandalismo oficial” (Official Vandalism), which said the president was seeking to rule Ecuador “with turmoil, rocks, and sticks.” According to the Inter American Press Association (IAPA), Correa filed a suit in the Pichincha District Attorney’s Office in which he called for Francisco Vivanco Riofrío, chairman of the editorial board of La Hora, to be sent to prison, citing article 230 of the Penal Code which makes insulting the president of Ecuador a criminal offence punishable with six months’ to two years’ imprisonment and a fine equivalent to US$ 16 to US$ 77. In filing the suit in representation of President Correa, presidential legal counsel Alexis Mera threatened other news media, saying the Presidential Office would take legal action against anyone publishing “unsubstantiated and libellous” reports. Gonzalo Marroquin, chairman of IAPA’s Committee on Freedom of the Press and Information, called the official’s words “even more alarming than the lawsuit itself, as they contain a threat to all news media and would bring about self-censorship, which would have serious consequences for democracy in Ecuador.” ● Death watch country (1) By Nayeli Urquiza Haas O ne journalist was killed in El Salvador in 2007. Salvador Sánchez Roque was murdered on 20 September near his home in the municipality of Soyapango, San Salvador department, after reporting about local gang members. Unidentified individuals shot several times at the freelance reporter for the radio stations Mi Gente, Maya Vision and YSUCA. On 11 October, police arrested José Alfredo Hernández, leader of a Mara Salvatrucha gang, in connection with the journalist’s murder. he Maras are local gangs with international connections to drug trafficking cartels and responsible for the climate of insecurity in El Salvador. he Association of Journalists of El Salvador (APES) reported that two other suspects were identified by a key witness, but that they have not been caught. Salvadoran journalists were generally able to carry out their work in an atmosphere of freedom as President Elias Antonio Saca, a former radio and television journalist, decriminalized insult laws in November 2004. his safeguard is now provided in article 119 of the Penal Process Code of El Salvador. Journalist Haydée Chicas (right) hugs El Salvador’s Congresswoman Mirtala López at the women’s jail in San Salvador, 20 July 2007, after she was told she would be freed within hours. Chicas was arrested while participating in a protest against water privatisation on 2 July in Suchitoto, north of San Salvador. (AP Photo/Co Latino) World Press Freedom Review 80 2007 Guatemala President Saca took another step in favour of a free press when he signed, on 8 May, the Declaration of Chapultepec, a set of principles created to safeguard press freedom in the Americas. Although the president welcomed most of the recommendations made by the Inter American Press Association (IAPA), APES reported that Saca has been reluctant to enact an access to information law. While the absence of a legal framework to access public information inhibits transparency, an existing anti-terrorism law, approved in November 2006, could undermine the safeguards provided against so called “press crimes.” Saca has been reluctant to enact an access to information law Haydée Chicas, a journalist for the nongovernmental organisation, Association of Rural Communities for the Development of El Salvador (CRPIDES), was arrested on 2 July on charges of committing acts of terrorism. According to Human Rights Watch (HRW), several articles in this law are too vague and the government presented charges completely disproportionate to the situation. Haydée Chicas was arrested along with 13 other people during a protest against the decentralization of water distribution in the city of Suchitoto, Cuscatlán department. Violence erupted after the police intervened to open up the road blocked by the protesters, and 25 people, including Reuters photographer Luis Galdámez, were injured in the fray according to reports by the local radio station La Primerísima. Chicas was conditionally released on 23 July and is obliged to go to court every 15 days. If convicted, she could face up to 15 years in prison. On 25 October, three journalists were assaulted during a protest against the construction of a garbage landfill in Cutumay Camones, Santa Ana department. Photojournalist Borman Mármol of the national daily La Prensa Gráfica”, was assaulted by demonstrators, while reporter Alex Nolasco and cameraman Walter Aparicio of Canal 21 television station, were brutally beaten by police officers. In November, Nolasco told APES he was being harassed by strangers for having filed a complaint against the officer who attacked him. Covering the crime beat always involves a high level of risk, but a recent case created a positive precedent for journalists covering criminal courts. On 15 August, Attorney General Félix Garrid Safie promised journalists they would not be summoned to testify in criminal cases. “Due to the existing insecurity to which you are already exposed, we will not add any additional risks to the work you carry out,” he said. he decision stems from a case in which journalists Ernesto López, director of the programme Megavisión, broadcast by Canal 21, and Milton Flores, a photojournalist for La Prensa Gráfica, were summoned to court as witnesses of the murder of two policemen during a riot in front of the University of El Salvador in July 2006. However, threats remained, as was sadly proven by the murder of Sánchez Roque by local gangs. hree other photojournalists were assaulted while trying to report on a criminal case on 24 April. Tulio Galdámex of the daily La Prensa, Erica Chávez of the daily Más, and Franklin Zelaya of the newspaper El Diario de Hoy, were pepper sprayed by a guard at the Supreme Court of Justice, who was escorting the main suspect in the murder of entrepreneur Federico Bloch. On 27 August, Francisco Torres, a photojournalist for El Diario de Hoy, was assaulted by the mayor of Joateca, Morazán department. APES reported that the journalist was assaulted by Mayor Vicente Márquez Argueta while trying to photograph the arrival at the court of Antonio Marcia, a priest accused of paedophilia and ● sexual abuse. Death watch country (1) T hroughout the year, the Association of Guatemalan Journalists (Asociación de Periodistas de Guatemala – APG) and the Centre of Informative Reports on Guatemala (Centro de Reportes Informativos sobre Guatemala – CERIGUA), among others, reported numerous cases of harassment, intimidation and violence against journalists, especially those attempting to investigate corruption, criminal activities or human rights abuses committed during Guatemala’s 36-year-long civil war, which ended in 1996. hreats and attacks on journalists increased in the lead up to the presidential elections, which were held in two rounds on 9 September and 4 November. In the run-off election in November, Álvaro Colom of the centre-left National Unity for Hope (UNE) narrowly defeated retired army general Otto Pérez Molina of the right-wing Patriot Party (PP). Colom won a large share of the vote from the indigenous groups that represent 40 per cent of the population and pledged to tackle the country’s high crime rate and corruption in the security forces and judiciary. Mario Rolando López Sánchez, co-founder and producer for Radio Sonora, was shot dead outside his home in the capital One journalist was killed in Guatemala in 2007. Mario Rolando López Sánchez, cofounder and producer for Radio Sonora, was shot dead outside his home in the capital, Guatemala City, on 3 May. López, producer of the political debate programme, “Cosas y Casos de la Vida Nacional”, was shot four times as he was walking from his car to his house. According to his wife, Blanca Castellano, nothing was stolen from his car or wallet. Although López had not received any threats, the radio station had received several threatening anonymous telephone calls, Arnulfo Agustín Guzmán, director of Radio Sonora, said. On 3 February, an unidentified gunman on a motorcycle fired several times at the car of Winder Jordán Madrid, news di- 2007 World Press Freedom Review rector for Radio Sultana in Gualán, Zacapa department, and a correspondent for the national daily Nuestro Diario, as he was leaving his parents’ home. Jordán believed the attack was related to a 15 January article about the death of a local man in a car accident. On the day the article appeared, four of the victim’s relatives came to Jordán’s home and warned him that if he did not write a new piece saying the man had died of a heart attack, he would face the consequences. Jordán filed a complaint with the National Police and the Office of the Special Prosecutor for Crimes against Journalists (Fiscalía de Delitos contra Periodistas y Sindicalistas del Ministerio Público). Also in February, several journalists received anonymous threats apparently linked to their coverage of the 19 February murder of three Salvadoran congressmen and their driver outside Guatemala City. Erick Salazar, a news director for the TV programme “Guatevisión” on the national television station of the same name, said the programme received a threatening email with details about “Guatevisión” staff and their families. Reporters from a newspaper and two radio stations based in Guatemala City said they had received similar threats. On 3 March, Susana Morazán of Canal 3 Telediario, was physically attacked and threatened by a hooded man after covering the same story. On 25 April, four journalists were assaulted while covering the lynching of an alleged gang member by a mob in San Andrés Sajcabajá, Quiché department. Rudy Toledo, a reporter for the Santa Cruz del Quiché-based cable television station Televisión Cable Noticias, was shot in the leg during the incident. Oscar Toledo, a correspondent for Nuestro Diario, Carlos Toledo, a correspondent for the news programme “TeleDiario” on the national television station Canal 3, and Oscar Figueroa, a correspondent for the national radio station Emisoras Unidas, were punched and kicked by several armed men in the crowd, who seized their equipment and fired shots at them before the police could evacuate the journalists. According to Figuera, the four journalists were wearing vests with the names of their media outlets clearly marked on them. Edwin David Hernández, a cameraman for the news programme “Noti Star” on the national cable channel Star TV, was stopped by several masked men as he was 81 Presidential candidate Álvaro Colom of the National Unity for Hope party, talks to the press in Guatemala City, 10 September 2007, a day after the irst round of presidential elections. (AP Photo/Moises Castillo) on his way to cover a protest against the mayor of Cubulco, Baja Verapaz department, on 27 August. He was held for over three hours and released after the protest was over. Hernández said the men told him they wanted to prevent him from filming the faces of the people participating in the protest. On 25 April, four journalists were assaulted while covering the lynching of an alleged gang member by a mob On 4 September, five days before the presidential election, an unidentified gunman fired a shot from a roof into the editorial office of the Guatemala City-based Radio Nuevo Mundo. No one was injured, but the station’s director, Marbin Robledo, believed the shot was meant to intimidate the station for its critical coverage of the presidential campaign. On 11 September, gunmen burst into a Radio Nuevo Mundo relay station on Cerro Alux, a hill overlooking the capital. he men threatened the technicians at the station and destroyed some of the equipment. In October, journalists Enrique Castañeda and Hilda Mérida of the newspaper elPeriódico received death threats stemming from an investigation they were conducting into the alleged link between members of the Patriot Party (PP) and organised crime in the country. he journalists were followed by vehicles and received threatening telephone calls warning them not to publish the information from their investigation. ● World Press Freedom Review 82 2007 Honduras Death watch country (1) M anuel Zelaya Rosales of the centreright Liberal Party, who was sworn in as president in January 2006, frequently uses aggressive rhetoric when referring to the media, which is concentrated in the hands of a few powerful businessmen and politicians. He has accused them of trying to minimise the government’s accomplishments and of promoting a perception that insecurity in the country is worse than it is. his has led to an increasingly “uncomfortable atmosphere” for Honduras’s journalists, according to the Inter American Press Association (IAPA). President Zelaya announced that all radio and television stations would be required to simultaneously broadcast interviews with public officials Criminal defamation legislation further impedes the work of journalists, especially those reporting on sensitive topics, such as official corruption, drug trafficking and human rights abuses committed under Honduras’s former military regimes. In May 2005, the Supreme Court eliminated the country’s “desacato” law (article 345 of the penal code), which provided for prison sentences of up to four years for insulting a public official, but “lawsuits remain the main means by which the practice of journalism continues to be restricted,” according to the Honduran press freedom group, Comité por la Libre Expresión (C-Libre). A Transparency and Access to Public Information Law (“Ley de Transparencia y Acceso a la Información Pública”), passed by Congress in November 2006, contained “modifications that could limit its effectiveness,” free press advocates said. “Some of its articles and definitions seem to imply that the law will apply only to lower public servants, not to ministers, congress members, nor to the presidents of the three branches of the state: the Executive, the Legislative and the Judicial branches. his is contrary to what was agreed upon during the debates of the law,” C-Libre said. On 24 May, President Zelaya announced that all radio and television stations would be required to simultaneously broadcast interviews with public officials, CPJ reported. Zelaya said that 10 official broadcasts would be aired in order “to counteract the misinformation of the news media” about his tenure in office. Regulations established by the National Telecommunications Commission gave Zelaya the authority to pre-empt radio and television programming for emergency broadcasts, CPJ said. Throughout the year, C-Libre, IAPA and other organisations reported numerous press freedom violations, including le gal harassment, physical attacks and threats. One journalist was murdered in Honduras in 2007. Two others were forced to flee the country out of fear for their lives. On 19 October, Carlos Salgado, the popular host of a satirical news programme, “Frijol el terrible” on Radio Cadena Voces (RCV), was shot dead at close range by unidentified gunmen as he left the station in the capital, Tegucigalpa, after recording his programme. Salgado was known for his criticism of the country’s political system. Police arrested a suspect, Germán David Almendárez Amador, in late October. Dagoberto Rodríguez, director of Radio Cadena Voces believed the attack was in retaliation for the station’s investigative reporting on official corruption. Rodríguez said the station’s staff had been repeatedly harassed and threatened over two years. On 1 November, Rodríguez fled the country with his family after police said his name had appeared on a death squad hit list. Rodríguez fled the country with his family after police said his name had appeared on a death squad hit list On 7 September, television journalist Geovanny García García was the subject of an assassination attempt. Two men on a motorcycle fired seven shots at García as he was driving from the television station Hondured in Tegucigalpa. One of the shots reportedly hit his hand. García, who had criticised alleged corruption in road contracts involving the Department of Public Works, Transport and Housing, left the country in October, after being told he would be killed if he resumed production of his TV programme. He fled the country a second time on 23 November after receiving additional threats. Also in September, reporter Martín Ramírez of the daily newspaper La Tribuna began receiving threatening telephone calls after publishing an article about Honduras’s violent criminal gangs, or “maras”, and their possible connections with police. In December, on his first official visit to Honduras, United Nations Special Rapporteur on Freedom Expression Ambeyi Ligabo expressed “great concern” over the state of press freedom in the country. He condemned the murder of Carlos Salgado, the fact that Dagoberto Rodríguez and Geovanny García were forced to flee the country, and that freedom of expression did not appear to be a priority for the government. ● 2007 World Press Freedom Review 83 Mexico Death watch country (2) D uring 2007, press freedom in Mexico experienced more setbacks than steps forward, despite political promises by newly elected President Felipe Calderón Hinojosa. Positive developments, such as the elimination of criminal libel and slander at the federal level, and the judicial blow to a new television and radio bill, were eclipsed by the murder of two reporters and the disappearance of several others, as well as numerous death threats and other forms of harassment reported by media outlets and journalists across the country. The Mexican state failed to protect journalists from being harassed, assaulted, threatened or killed, and in this environment of impunity organised criminals silenced journalists through fear or eliminated those who threatened their activities. At least two journalists were killed because of their work and four others disappeared during 2007 after they reported, or were in the course of investigating, organised crime activities and possible links to government authorities. On 6 April, Amado Ramírez, a correspondent for the television network Televisa in Acapulco, Guerrero state, and host of “A Toda Hora”, a local radio newscast, was shot dead by an unidentified gunman near the city’s main square. Ramírez received death threats prior to his murder, but did not report them to the police. In March, he had aired a special investigation on the links between drug traffickers and the murder of a local police officer. “A Toda Hora” was cancelled on 9 April after Misael Habana, Ramírez’s co-host, received a death threat saying “he was next.” he reporter fled Acapulco and is currently in hiding. Two persons were arrested three days after Ramírez’s murder, but a witness told the local press in November that one of the suspects had not been at the scene of the crime and that the police may have influenced his testimony. Saul Noé Martinez Ortega, editor and crime reporter for the daily Diario de Agua Prieta, was abducted shortly after midnight on 16 April by four or five heavily armed individuals, just a couple of steps away from the municipal police station in Agua Prieta, Sonora state. he 35-year-old reporter was found dead on 23 April in a ravine located between the states of Chi- huahua and Sonora. Erick Martínez told local media that his brother had been investigating a kidnapping, and that the wife of the victim had given his brother a detailed list of the possible kidnappers. Another journalist, Gerardo Israel García Pimentel, a reporter for the daily La Opinión, was shot 20 times at close range by a group of unidentified men in the city of Uruápan, Michoacán state, on 8 December. García Pimentel covered agricultural issues. he motive for the crime remained unclear. On 20 January, Rodolfo Rincón Taracena of the daily Tabasco Hoy was reported missing after receiving death threats linked to his coverage of local drug dealers. he daily has also been the target of threats. TV Azteca reporter Gamaliel López Candanosa and cameraman Gerardo Paredes Pérez disappeared on 10 May in Monterrey, Nuevo León state. López, a veteran reporter for TV Azteca, had covered the crime beat in the past, including stories on military operations against drug cartels operating in the region. In the course of the investigation, state prosecutor Luis Carlos Treviño Berchelmann implied that the missing reporter was linked to local drug traffickers. He retracted his statement in November, but accused the media of “misinterpreting” his words. Rodolfo Rincón Taracena of the daily Tabasco Hoy was reported missing after receiving death threats linked to his coverage of local drug dealers On 7 December, Juan Pablo Solís, director of Radio Zitácuaro and owner of a local television station based in Zitácuaro, Michoacán state, was abducted by armed men in the neighbouring town of Tuxpan. President Felipe Calderón declared war on organised crime in a 23 January security meeting with ministers, governors, municipal presidents, military and other federal and state authorities, but the number of deaths linked to organised crime continued to rise. he Attorney General’s Office (PGR) estimated that 2,500 deaths were linked to organised crime in 2007, compared to 2,350 in 2006. Journalists and media outlets based in the north-western state of Sonora were the target of some of the gravest attacks against the Mexican press in 2007. One journalist died, one went missing, two newspapers were attacked with fire weapons, one magazine had its issues seized by police, and a key witness into the investigation of the disappearance of an investigative reporter was the target of several murder attempts. In January, Jesús Francisco Ayala Valenzuela, a former police officer in Sonora, told the Attorney General’s Office (PGR), the National Commission of Human Rights (CNDH) and the Inter American Press Association (IAPA) that local authorities close to Sonora Governor Eduardo Bours were the masterminds behind the disappearance of Sonora-based reporter Alfredo Jiménez Mota. he 25-year-old reporter was investigating the link between a drug trafficker and functionaries close to the governor before he disappeared in April 2005. Ayala Valenzuela, now under police protection because of repeated murder attempts, said the governor’s brother, Ricardo Bours was behind the reporter’s death. He also said in an interview with Proceso, a political news magazine, that the men hired to kill the reporter were murdered in order to eliminate any witnesses. heir bodies were found in a canal a month after the reporter went missing. On 17 April and 16 May, hand grenades exploded at the headquarters of Cambio-Sonora, based in the city of Hermosillo. El Diario del Yaqui, a daily based in the south-western city of Obregón, was the target of unidentified assailants, who shot at the newspaper’s building on 12 May. Mario Vasquez Raña, owner of Cambio-Sonora and Grupo Organización Editorial Mexicana, which publishes more than 70 newspapers across the country, decided to close the newspaper after the second attack. He accused Governor Bours of providing little security after the attack in April. Cambio-Sonora restarted publishing in June, but in the form of a weekly paper printed in Mexico City. Without protection from local or national authorities, Mexican journalists frequently resorted to self-censorship, often taking precautionary measures, such as not publishing by-lines in stories about crimerelated issues. Foreign media, including the Texas, U.S.-based San Antonio Express, took other measures: it reassigned its Laredo correspondent after receiving informa- World Press Freedom Review 84 tion that the paramilitary group “Los Zetas” had included an American journalist on its hit list. Other journalists based in northern Mexican states have been the targets of intimidation by public officials. Reynosabased media were repeatedly harassed, insulted, or attacked by former mayor Francisco Javier Cabeza de Vaca and his followers. Newspapers and radio stations in this city in Tamaulipas state, located close to the U.S. border, reported stories that linked Cabeza de Vaca with alleged firearms and drug trafficking, and corruption. not yet proved to be effective, as it has not solved any of the 108 cases under investigation since it was created in 2006. he agency is subordinated to other agencies within the Attorney General’s Office (PGR) and is subject to unsteady budgets. Its first head prosecutor, David Vega Vera, resigned in January, and was replaced by Octavio Orellana. But the new prosecutor did not leave a good first impression with regard to his commitment to prosecute abuses against the press as two reporters were injured by his bodyguards and he tried to prevent a cameraman from filming his exit from a briefing with legislators on 13 July. 2007 days before, a similar incident happened in the neighbouring city of Saltillo, when a group of journalists had their cameras confiscated for covering a military operation. Por Esto, a daily newspaper based in the city of Mérida, Yucatan state, known for publishing articles on alleged links between local and federal government authorities with drug traffickers, continued to be the target of harassment, threats and economic pressure in 2007.he harassment dates back to 1997. Mario Renato Menéndez Rodríguez, owner and columnist of the daily, received a death threat on 30 June. Por Esto reported in July that Manuel “El Negro” Chalé Martínez, head of a local drug trafficking group, promised 5 million pesos (US$ 460,000) to a group of sicarios, or drug cartel killers, if they killed the journalist. Without protection from local or national authorities, Mexican journalists frequently resorted to self-censorship Supreme Court judges are seen during deliberations on a media law, known as “Ley Televisa”, at the Supreme Court in Mexico City, 6 June 2007. The Supreme Court rejected the widely criticised media law. (AP Photo/David Oziel) Hora Cero, a bi-weekly newspaper based in Reynosa, has been the target of harassment and threats since it started publishing in May several articles that implicated Cabeza de Vaca in corrupt activities. In June, the paper’s director decided to barricade the entrance to the daily’s headquarters as a pre-emptive measure against a group of people who where harassing and insulting other media critical of the mayor. On 18 July, the ruling National Action Party (PAN) filed a defamation complaint against Hora Cero for printing a paid advertisement, which implied that an associate of Cabeza de Vaca, and a PAN candidate for the 2007 elections for mayor, was linked to a criminal group. he Office of the Special Prosecutor for Crimes against Journalists (FEADP) has Judicial protection for journalists has been inefficient. Instead, police forces abused journalists in the name of the war against crime. Four Monclova-based reporters in the north-eastern state of Coahuila were arrested and beaten by military officers and agents of the Special Investigative Unit (SIEDO) while trying to cover an anti-narcotics operation. On 7 August, Núcleo Radio Television (NRT) reporter José Alberto Rodríguez Reyes, Zócalo newspaper reporters Sinhué Adolfo Samaniego and Manolo Acosta Villarreal, and La Voz reporter Jesus Gonzalez Meza were handcuffed, blindfolded, detained for 16 hours, beaten and later accused of firearms and drug possession. The charges were dismissed on 18 September, but there has been no action against the officers. A few Journalists based in the south-western state of Oaxaca, who were caught in the crossfire between strikers and government authorities in October 2006, reported a tense calm in 2007. Misael Sánchez, known for his critical articles of the opposition movement in Oaxaca, was severely injured after being shot twice on 12 June by an individual outside his house in Etla, east of Oaxaca City. Sánchez, a reporter for the pro-government newspaper Tiempo, based in Oaxaca City, was investigating the murder of Bradley Will, a U.S. journalist and cameraman for the New York City-based Independent Media Center (Indymedia), who was killed on 27 October 2006 during a clash between protesters and police. he federal investigation into the American journalist’s murder was dropped despite ballistic evidence showing he was killed by firearms meant only for military use. On 8 October, three delivery workers for the newspaper El Imparcial del Istmo were shot dead while driving the company’s van, usually driven by crime reporter Felipe Ramos and the regional director of the newspaper, Gonzalo Dominguez. he next day, Dominguez received an anonymous call saying he would be next. he 2007 World Press Freedom Review two journalists, who had received threats since they reported in September about the discovery of a mass grave with eight bodies, resigned out of fear for their lives. Journalists in other states also received death threats. Martin Serrano Herrera, a columnist for Tribuna de Xalapa, a newspaper based in the city of Xalapa, Veracruz state, has been the target of threats ever since he published articles on links between the local government and organised crime. On 24 May, the breaks of Serrano’s car were disabled, only two days after he filed a complaint for harassment against state Governor Herrera Beltrán. On 28 August, Serrano found five bullets wrapped inside the copy of an article he wrote about the governor’s harassment against journalists in Veracruz in front of his house door. During 2007, high-level authorities used public advertising contracts as a means for punishing media perceived to be in favour of the opposition. On 29 June, the Mexico City-based national radio station, Radio Monitor, was forced to shut down after 33 years on air after the cancellation of public contracts by federal government agencies and the private sector led to debts and a general strike by the station’s staff. José Gutierrez Vivó, president and host of the station’s morning newscast, denounced former president Vicente Fox and his wife as the promoters of the boycott campaign. He said pressure began after Andrés Manuel López Obrador of the Party of the Democratic Revolution (PRD) announced he would run for president in a 2003 programme. From then on, the former president accused Vivó of promoting the opposition, Vivó said in a May interview for CNN Mexico. he harassment of journalists continued during Felipe Calderón’s first months as president. Immediately after interviewing López Obrador in December 2006, Radio Monitor received a threatening message from the Social Communications Office, the media agency of the federal government. he message said that “they were being watched and if they behaved ... the president would grant them a meeting to discuss the legal and economic problems of the radio station.” President Calderón’s office also used official advertising contracts to pressure critical media. he president’s office reduced the income from advertising of the leading political weekly magazine Proceso, from 85 1,424,092 pesos (about US$ 131,000) in 2006 to 278,600 pesos (US$ 26,000), according to the Centre for Journalism and Ethics (CEPET). In Chiapas, the media coordination office of the state government threatened to withdraw official advertising from the newspaper Expreso de Chiapas if it continued to write about certain topics. On 12 April, President Calderón signed a bill proposed by the Chamber of Deputies in 2006 to decriminalise libel and slander laws at the federal level. However, federal law does not supersede state law and journalists could still face from two to four years in jail, depending on the state in which they are tried. So far, only three out of 33 states have decriminalised these laws. Journalists based in the south-western state of Oaxaca, who were caught in the crossfire between strikers and government authorities in October 2006, reported a tense calm in 2007 On 29 November, the Supreme Court of Justice decided there was insufficient evidence to pursue criminal charges against the former governor of Puebla state Mario Marín and other government officials in the case of Lydia Cacho, a journalist and human rights activist, who was irregularly detained in December 2005 and accused of defaming the Puebla-based textile mogul José Kamel Nacif Borge. In her book, “Los Demonios del Edén” (he Demons of Eden), Cacho alleged that Nacif had ties to Cancún hotel owner Jean Succar Kuri, an accused paedophile and leader of a child sex ring. he Supreme Court dealt a major blow against the so called “Televisa Law,” a controversial bill that would have favoured the duopoly of the major broadcasting networks, Televisa and TV Azteca, who control 95 per cent of television airwave concessions. On 8 June, four of the most detrimental articles to pluralism and free press contained in the law were ruled unconstitutional. hese articles would have blocked access to national airwaves for new small broadcasters. ● Mexican journalist Lydia Cacho arrives at the airport in Cancún, Mexico, 17 October 2007. Cacho set out to expose a paedophile ring in Cancún, naming the rich and powerful, and became a media sensation when she was abducted, threatened and sued in reprisal. (AP Photo/Israel Leal) World Press Freedom Review 86 Nicaragua U nder President Daniel Ortega of the left-wing Sandinista party, who returned to power in November 2006, the media were generally able to report freely, presenting a wide variety of political viewpoints and openly reporting on matters of public concern. However, Ortega has been accused of lashing out at the press in his speeches. Radio is the main source of news. here are more than 100 radio stations, ten television stations, and several daily newspapers. Many newspapers rely on official advertising for funding. he poor economic climate has also led to accusations of journalists accepting bribes. Several constitutional provisions, which, among other things, stipulate that citizens have the right to “accurate information,” potentially qualify press freedom. Criminal defamation statutes also remain on the books. Law 372 states that all journalists must be registered with the Colegio de Periodistas de Nicaragua. Under the law, anyone working in the profession without the proper credentials can be subject to fines or imprisonment. Members of the ruling Frente Sandinista de Liberación Nacional (FSLN) told William Aragón, a correspondent for the Managua-based daily, La Prensa, to get a bulletproof vest and a helmet for his personal security President Ortega signed an agreement on 1 March with the Colegio de Periodistas to waive, in the case of “small and community media outlets,” the broadcast licensing renewal fee of approximately US$ 2,000. Under the same agreement, the government promised to ensure “the just distribution of government advertising contracts to benefit small and medium-sized radio stations.” On 16 May, Nicaragua’s National Assembly approved the new Access to Public Information Law. On 14 February, three members of the ruling Frente Sandinista de Liberación Nacional (FSLN) told William Aragón, a correspondent for the Managua-based daily, La Prensa, to get a bullet-proof vest and 2007 Panama a helmet for his personal security, CPJ reported. he men said they had attended a meeting of FSLN members, during which plans were made to kill the journalist. Aragón said the threat was linked to his articles on government corruption. On 19 December, Jorge Loáisiga of La Prensa was mishandled by presidential security guards. he incident occurred at a public ceremony attended by President Ortega and several ambassadors. Loáisiga was trying to interview the U.S. ambassador when he was handcuffed and led away. National Police Chief Aminta Granera defended the conduct of the presidential guards and accused the journalist of having trespassed the security perimeter. ● P anama’s media have generally been able to report freely since the country’s infamous “desacato” (insult) provisions, Laws 11 and 67 of 1978, were repealed in 2005. Unanimously approved by the National Assembly, and signed into law by President Martín Torrijos in July 2005, Law 22, states, “No public official with rank and jurisdiction shall impose any fines on, or dictate prison sentences for, those who are deemed to have treated them with disrespect or have insulted them while fulfilling their official duties.” However, repressive laws affecting the media remain on the statute books. Law 22 makes an exception for certain public officials, as defined in article 33 of the constitution, and contains a “right of reply” provision, which states that “All individuals who feel offended by a publication or broadcast in the media have the right to publish or broadcast in those media the clarifications or replies they deem necessary.” he clarifications or replies must be published or broadcast within one day and with the same prominence. he National Assembly approved 448 amendments to the criminal code. Two articles were condemned by inter-national press freedom organisations as a serious threat to freedom of expression and information Two articles of the penal code still make it a criminal offence to insult the president or state institutions. Article 307 states, “hose who offend or affront the President of the Republic or the acting President shall be punished with six to ten months in prison and fined 20 to 50 days’ worth of income.” According to article 308, “hose who publicly insult any of the State agencies shall be punished with six to 12 months of prison and fined 50 to 100 days’ worth of income.” On 6 March, the National Assembly approved 448 amendments to the criminal code. Two articles were condemned by international press freedom organisations as a serious threat to freedom of expression and information. he new Article 164 states that, “Anyone legitimately coming into possession 2007 World Press Freedom Review 87 Paraguay of private or personal mail, recordings or documents – not intended for publication, even if addressed to that person – who makes them public without the required permission and which results in harm, will be punished by 200 to 500 “days of fines” or weekend imprisonment.” Article 422 states that anyone who reveals “confidential information” involving state security will be sentenced to six months to one year in prison, or its equivalent in daily fines or weekend imprisonment. On 21 March, President Torrijos endorsed the two articles in the newlyamended criminal code. He had 30 days to approve or veto the legislative package after it was submitted to him on 10 March. Presidential Chief of Staff Ubaldino Real announced that the president would veto four of its provisions, but not articles 164 and 422. he National Association of Journalists (CNP) sent a letter of protest to the president the same day, with a copy to the Inter-American Commission on Human ● Rights. Death watch country (1) A lthough the 1992 constitution guarantees press freedom, the Paraguayan Union of Journalists (Sindicato de Periodistas Paraguayos – SPP), the Inter American Press Association (IAPA) and others reported numerous attacks against journalists. Reporters, especially those who attempted to expose drug trafficking, corruption and other criminal activities, faced intimidation, death threats and physical attacks at the hands of criminals, corrupt officials and local power brokers. Journalists in Paraguay also suffered from restrictions on access to information and legal harassment, including criminal defamation charges. One journalist, Tito Alberto Palma Godoy, was murdered Attempts by the government to intimidate the media increased during the campaign for next year’s general elections, scheduled to be held on 20 April 2008, with President Nicanor Duarte Frutos and other members of the ruling Colorado Party (ANR-PC) – but also opposition leaders – lashing out at the media. Duarte Frutos accused the media of being “anti-Paraguayan and anti-Colorado [Party].” On 4 November, at an official event, he said he was going to “unmask” the media, IAPA reported. “We have to charge them taxes and we are going after them. he press is more of an enemy than the political opposition. hey want to destroy the people’s faith in the future of our children.” Both Duarte Frutos and opposition presidential candidate Fernando Lugo of the Patriotic Alliance for Change (APC) said they would be in favour of a law regulating the activities of media outlets and journalists. One journalist, Tito Alberto Palma Godoy, was murdered in 2007. On 22 August, Palma, a reporter for the local radio station Mayor Otaño and a correspondent for the Asunción-based Radio Chaco Boreal, was shot dead by two gunmen wearing military uniforms in the city of Mayor Otaño, Itapúa department. Palma’s partner, Wilma Martínez, was shot in the leg. Palma, a Chilean national, was known for his reporting on organised crime and local political corruption. He had received numerous death threats over the years and, a week before his death, had announced on the air that he was returning to Chile because of the threats. Palma, who had lived in Paraguay since 1991, also said he was planning to take information on organised crime in Mayor Otaño to the national television station, Telefuturo, before he left the country, CPJ reported. In July, another radio journalist, Enrique Galeano, was found unharmed in the Brazilian city of São Paulo 17 months after he went missing. Galeano, host of a morning news and music programme on the Horqueta-based Radio Azotey, disappeared on 4 February while on his way home from work in the city of Yby Yaú, Concepción department. According to news reports, two Paraguayan journalists, Andrés Colmán Gutiérrez and Oscar Cáceres, discovered Galeano’s whereabouts during their investigation into the case. Galeano reportedly told the journalists that he had been kidnapped by two unidentified Portuguese-speaking men, driven across the border to Brazil, and warned that he and his family would be killed if he returned to Paraguay. Enrique Galeano was found unharmed in the Brazilian city of São Paulo 17 months after he went missing According to CPJ, Gutiérrez first contacted Galeano in an Internet chat room where criminal activities in northern Paraguay were discussed. Galeano told Gutiérrez that he had received several anonymous death threats after reporting on links between drug traffickers in Concepción and local authorities. He said that he went into hiding in São Paulo out of fear for his family’s safety. He and is family have now relocated to another country. In April, Óscar Bogado Silva, a correspondent for the Asunción-based daily Última Hora, said he had received repeated threatening telephone calls, beginning in January 2006, in connection with his reporting on local corruption and drug trafficking in Itapúa department. On 18 April, a car followed the reporter, after which anonymous callers mentioned details about his routine. On 24 April, unidentified individuals broke into his home in the city of Encarnación. A day later, he received another anonymous call, warning him that he was being watched. ● World Press Freedom Review 88 2007 Peru Death watch country (1) A lthough Peru’s largely privately-owned broadcasters and newspapers have enjoyed an improved press freedom environment since the toppling from office of former president Alberto Fujimori in November 2000, the number of attacks on the media have increased dramatically over the past few years. Numerous violent attacks and death threats against journalists, especially those in the provinces who attempted to report on local corruption, police abuses, organised crime and other sensitive issues, were reported throughout 2007 by the Lima-based Press and Society Institute (Instituto Prensa y Sociedad – IPYS), the Inter American Press Association (IAPA) and other groups. Numerous journalists also received threats from the country’s coca farmers, who were protesting the government’s eradication of their crop, the raw material used to make cocaine, and disapproved of the journalists’ coverage. Moreover, criminal defamation and slander laws remain on the statute books and were frequently used by public officials to intimidate or silence critical journalists. One journalist was murdered because of his work in 2007. On 16 March, Miguel Peréz Julca, a radio journalist, was gunned down by two hooded men in the city of Jaén, Cajamarca region, on his way home with his family. His wife, Nelly Guevara Arrascue, was wounded in the attack. Peréz worked for the news programme “El informativo del Pueblo” (Bulletin of the People), broadcast by Radio Éxitos, a local radio station, and reported on local corruption and crime. During his last show, Pérez had said he planned to reveal the names of corrupt local police officers. On 21 March, only five days after Pérez’s murder, two other journalists in Jaén, Juan Vásquez, a correspondent for the national television station América Televisión, and Walter Altamirano from Radio Acajú’s programme “La Voz del Pueblo”, received text messages warning them that they would be the next to be murdered. Like Pérez, Vásquez and Altamirano had reported on the lack of public safety in Jaén and local corruption. On 20 January, journalists Elizabeth Salinas, a reporter for the radio program- Former Peruvian President Alberto Fujimori is seen gesturing on a screen at the press centre of a police base in Lima during the irst day of his trial on charges of alleged human rights violations and corruption, 10 December 2007. (AP Photo/Martin Mejia) me “Satélite Noticias”, and Cinthia Florez, a photographer for the magazine Cono Este, were beaten by two officials of the municipality of Chosica, east of Lima, who threatened to kill the journalists if they did not stop investigating accusations of corruption against the mayor of Chosica. hey also attempted to seize their tape recorder and camera. Miguel Peréz Julca, a radio journalist, was gunned down by two hooded men in the city of Jaén On 26 January, the personal assistant of the mayor of Casma, Áncash region, threatened to kill Antonio Asalde Lluen, director of the newspaper El Guerrero, and his family for his reporting on alleged irregularities within the municipal administration. Elías Navarro Palomino, director of the local weekly Línea Roja and correspondent for the national daily La República, reported that he was still receiving threatening telephone calls five months after he was the target of bomb attack. On 24 February, two strangers came looking for him at his home in the city of Ayacucho, Huamanga region, and questioned neighbours about him. Navarro, who had received police protection until the end of January, said he was convinced that the threats and intimidation were linked to his reporting on corruption and drug trafficking. On 30 September 2006, unidentified attackers threw a bomb at his home. No one was hurt in the attack, which caused only minor damage, but a cardboard sign threatening Navarro’s children with death was found on the sidewalk. On 24 May, Orlando Rucana Cuba, director of daily news programming on Radio Melodía and Radio Alegría, received an anonymous text message threatening him and Manuel Caballero Vidal, a reporter for the television station Canal 13. he two journalists had covered a violent protest against the local mayor’s education policies in Huaraz, Áncash region, the day before the message was sent. On 28 June, five journalists were fired on when trying to report on the illegal occupation of land near the community of San Julián, in the district of Matupe. Members of the community who owned the property had invited the journalists – Paola Lee, a reporter for América TV; San- 2007 World Press Freedom Review dro Chambergo, a reporter for the national daily Correo; Perla Polo, a camerawoman for América TV; and Gerardo Pérez and Rafael Rojas, a reporter and a photographer, respectively, for La República – to report on the scene. As the journalists and community members stepped out of their vehicles, unidentified men began to shoot at the group. None of the journalists were injured, but eight community members were wounded in the incident. On 24 November, Danilo Bautista Hernández, host of the daily news programme “El Informativo del Mediodía” (Noon Report) on the local station Radio California in Nueva Cajamarca, San Martín region, narrowly escaped what appeared to be an attempt on his life by two men, who aimed their guns at the journalist as he was swimming with his family in the Yuracyacu river, near Nueva Cajamarca. Witnesses reportedly came to the family’s aid, forcing the men to flee. Hernández had received repeated death threats in the past, which he believed were linked to his critical reporting on the organisation Frente de Defensa de los Intereses de Nueva Cajamarca (Front for the Defence of the Interests of Nueva Cajamarca). An alleged hit list containing 15 names, including four journalists, and signed by the Maoist guerrilla group Sendero Luminoso (Shining Path), was slipped under the door of the mayor’s office On 15 December, an alleged hit list containing 15 names, including four journalists, and signed by the Maoist guerrilla group Sendero Luminoso (Shining Path), was slipped under the door of the mayor’s office in Aucayacu, in the region of Huánuco. he journalists named were Ranforte Lozano Panduro, director of Radio Aucayacu; Novel Panduro Ruíz and Cirilo Velasquez Hilario, reporters for Radio Luz; and Segundo Ramírez Macedo, a reporter for Radio Aucayacu. All four journalists covered general local news and also reported on the sensitive issues of coca-growing in the region and police abuses. On 22 May, the Fifth Criminal Court of Lima convicted Rocío Vásquez Goicochea, director of the weekly Investigando Chimbote in Áncash region, of criminal defamation. She was given a one-year suspended prison sentence and ordered to pay 3,000 soles (US$ 1,000) to local businessman Samuel Dyer, who filed a defamation suit against Vásquez in 2005 after the reporter wrote a series of articles accusing Dyer’s company of corruption. On 14 November, the Superior Court of Ucayali sentenced two men in the 2004 murder of Alberto Rivera Fernández, host of the morning show “Transparencia” (Transparency), broadcast by the Pucallpabased Frecuencia Oriental radio station. The court sentenced Lito Fasabi to 35 years in prison and Alex Panduro Ventura to 20 years. he court acquitted the former mayor of Pucallpa, Luis Valdez Villacorta, and Solio Ramírez, a former municipal official, citing a lack of evidence. ● 89 United States of America Death watch country (5) C hauncey Bailey, editor-in-chief of the weekly Oakland Post, was shot dead in broad daylight on 2 August as he was on his way to his office in downtown Oakland, California. he gunman, dressed in black and wearing a mask, shot Bailey several times at close range before fleeing on foot. Bailey was the first U.S. journalist to be deliberately targeted for his work since 1993, when radio reporter Dona St. Plite, a Miami radio reporter, was gunned down at a benefit. One suspect, Devaughndre Broussard, an occasional cook at a local bakery, “Your Black Muslim Bakery”, confessed to the police that he killed Bailey because he was angered by the journalist’s negative coverage of the bakery’s staff. Broussard’s lawyer later maintained the confession was made under duress. Bailey was the first U.S. journalist to be deliberately targeted for his work since 1993 A veteran African-American journalist in California’s Bay Area, Bailey covered local politics, crime and African-American issues, among other issues. He had been investigating the alleged criminal activities of the owners and staff of “Your Black Muslim Bakery” at the time of his killing. Another African-American journalist, Pulitzer Prize-winning columnist Leonard Pitts Jr. of the Miami Herald, was the target of a campaign of death threats and harassment in June after writing a column about a white couple who were raped and murdered by four blacks in Knoxville, Tennessee. Pitts received dozens of threatening phone calls and over 400 threatening emails. His home address and telephone number were posted on a white supremacist website. In February, Lance Williams and Mark Fainaru-Wada, two reporters for the San Francisco Chronicle, avoided going to jail after a confidential source, lawyer Troy Ellerman, came forward. hey were ordered to jail on 21 September 2006 by U.S. District Judge Jeffrey White for contempt of World Press Freedom Review 90 San Francisco Chronicle reporters Lance Williams, left, and Mark FainaruWada arrive at the federal courthouse for a hearing on San Francisco Giants baseball player Barry Bonds and steroids in San Francisco, 7 December 2007. (AP Photo/Marcio Jose Sanchez) Paul Gardephe, attorney for Associated Press photojournalist Bilal Hussein, listens during an interview in New York, 19 November 2007. The U.S. military was planning to seek a criminal case in an Iraqi court against Hussein, but refused to disclose what evidence or accusations would be presented. (AP Photos/Bebeto Matthews) court after refusing to reveal who leaked secret jury testimony given by baseball players Barry Bonds and Jason Giambi, among other top athletes, during a criminal investigation into the alleged distribution of steroids by the Bay Area Laboratory Cooperative (BALCO). he journalists, who were sentenced to 18 months in prison, or until they agreed to testify, wrote a series of articles, as well as a book, “Game of Shadows”, quoting the leaked testimony. Judge White stayed the sentence pending the outcome of the journalists’ appeal. Another journalist, video blogger Josh Wolf was released in April from a federal correctional facility in Dublin, California, after spending a record-breaking 226 days in jail, making him the longest-imprisoned journalist in U.S. history. He had been jailed for contempt of court on 1 August for refusing to comply with a grand jury subpoena to hand over unedited video footage of anti-G8 Summit protests he had filmed in San Francisco in July 2005. Released on bail one month later, Wolf returned to jail on 22 September 2006 after losing his appeal. Before Josh Wolf ’s incarceration, freelancer Vanessa Leggett had been the longest-jailed journalist in U.S. history. Leggett, who spent 168 days in a Houston, Texas, prison, was found in contempt of court by U.S. District Judge Melinda Harmon and jailed without bail on 20 July 2001 after she refused to give prosecutors material collected while conducting her investigation into the April 1997 murder of Houston socialite Doris Angleton, whose 2007 husband, the millionaire and former bookmaker Robert Angleton, was charged with the murder but later acquitted. hese and other attempts to force journalists to reveal their sources or materials led to increased efforts to enact a federal shield law for reporters. In May, two Urdu-language editors were threatened in New York, CPJ reported. Khalil-ur-Rehman, publisher and editor of the Urdu Times, was threatened by a man he recognised as a Pakistani-American with alleged criminal ties as he was leaving the newspaper’s printing facility on 23 May. Mahammed A. Farooqi, editor-in-chief of the Pakistan Post, was threatened on 24 May by two men on a Brooklyn street and later the same day in front of his Long Island home. Some 10,000 copies of each publication were seized from their distribution racks and illegally dumped, the two editors told CPJ. At year’s end, two foreign journalists continued to by imprisoned by U.S. authorities. Josh Wolf was released in April from a federal correctional facility in Dublin, California, after spending a record-breaking 226 days in jail Associated Press photographer Bilal Hussein, in U.S. military custody in Iraq, was arrested on 12 April 2006 by U.S. soldiers in Ramadi, 100 kilometres west of Baghdad, on suspicion of links to insurgents. In December 2007, U.S. military authorities referred Hussein’s case to the Iraqi court system for possible trial. (Hussein was released in April 2008 after two Iraqi judicial panels ruled that there would be no trial on any of the accusations raised again Hussein.) Sami al-Haj, a Sudanese cameraman for the Qatar-based satellite TV station AlJazeera, was being held at the U.S. Naval Base in Guantánamo Bay. He was first detained by Pakistani forces on the PakistaniAfghan border in December 2001 while covering the U.S.-led offensive against the Taliban, then handed over to the U.S. military. In January 2007, he went on a hunger strike to protest his detention without trial and had to be force-fed. 2007 World Press Freedom Review 91 Uruguay In December, the Freedom of Information Act (FOIA) reform bill was passed unanimously by both the U.S. House of Representatives and the Senate. “his is the most significant victory for transparency in the government in more than a decade,” Lucy Dalglish, Executive Director of the Arlington, Virginia-based Reporters Committee for Freedom of the Press (RCFP), said. “here is still much work to be done, but this is a major step toward a more open and accountable democracy.” In December, the Freedom of Information Act (FOIA) reform bill was passed unanimously by both the U.S. House of Representatives and the Senate he Openness Promotes Effectiveness in our National Government Act, or OPEN Government Act (S. 2488), would amend the FOIA by expanding the definition of who is a “representative of the news media”; broadening the scope of information that can be requested; assigning public tracking numbers to all requests; denying agencies from assessing certain fees if it fails to comply with FOIA deadlines; making it easier to collect attorneys’ fees for those who must sue to force compliance with their FOIA requests; and establishing an Office of Government Information Services at the National Archives to accept citizens’ complaints and review compliance with the FOIA. On 31 December, the OPEN Government Act of 2007 was signed into law by President George W. Bush. ● U nder the administration of President Tabaré Vázquez, who was sworn in as Uruguay’s first left-wing head of state in March 2005, the country’s media were generally able to operate freely. he constitution guarantees press freedom, but provisions in the press law that regard defamation, libel and insult as criminal offences remain on the statute books, leading to some self-censorship. As in Argentina, advertising is often used by the government to either reward or punish media outlets. On 18 April, the Supreme Court upheld a three-month suspended prison sentence against Gustavo Escanlar Patrone, host of the satirical television programme, “Bendita TV” (Blessed TV). he decision upheld a criminal defamation sentence handed down by Criminal Court judge Roberto Timbal on 18 May 2006. The case stemmed from an 18 January 2006 interview during the television programme “La culpa es nuestra” (We Are to Blame), broadcast by the Montevideo-based Canal 10, in which Escanlar used a vulgarity when describing Argentine media owner Federico Fasano. On 18 April, the Supreme Court upheld a three-month suspended prison sentence against Gustavo Escanlar Patrone In its ruling the Supreme Court held that freedom of expression is a “fundamental right,” but that it is “not absolute” and can be limited by the state when it fails to respect, among other things, “order,” “public morality,” “the reputation of others,” “the protection of national security” or “health,” the Inter American Press Association (IAPA) reported. On 14 November, the Uruguayan Senate approved a Community Broadcasting Bill that formally acknowledges the existence of, and regulates, community media. he draft law, approved by the House of Representatives in June, formally recognised the importance of this third broadcasting sector alongside the state and private sectors. It also stipulated that one third of available frequencies will be reserved for community-based media outlets. he bill also called for the creation of a consultative council made up of government representatives, members of the media, public and private universities and freedom of expression organisations to oversee that the allocation of frequencies is carried out in an open and transparent manner. he final version was approved by the House of Representatives on 12 December. he original proposal was tabled in the House of Representatives in 2005 by a group of legislators and a coalition formed by the World Association of Community Radio Broadcasters (AMARC), the Uruguayan Press Association (APU) and the trade union federation, PIT-CNT. ● World Press Freedom Review 92 2007 Venezuela Watch List Country By Nayeli Urquiza Haas P resident Hugo Chávez and his government increased their persecution of critical media during 2007 and polarized even more a society divided between those who support the “Socialist Revolution for the XXI Century” and those who oppose the increasingly authoritarian measures approved by the majority government of the United Socialist Party of Venezuela (Partido Socialista Unido de Venezuela). From their position of power, Chávez, his Cabinet and members of the National Assembly repeatedly abused the law in order to threaten and prosecute journalists on charges such as treason and promotion of social disorder, and threatened a whole set of political civil rights, including free speech, with a proposed amendment to the 1999 Constitution. During the year, the government mounted a political vendetta against the broadcaster Radio Caracas Televisión (RCTV). In late December 2006, Chávez revoked RCTV’s broadcast concession, claiming there would be no more concessions for “coupists”, referring to the politicized role of private media during the 2002 coup d’état. he renewal of the license was also denied under the pretext of “broadcasting pornography” in violation of the Social Responsibility Law of 2005. he station stopped broadcasting over the national airwaves on 27 May, but it continued to air some shows over the Internet on YouTube, as well as on international channels. On 16 July, it resumed transmissions in Venezuela over cable and satellite television, while the Social Television Foundation (TEVES), a newly created state-funded station, took over RCTV’s frequency and its transmitting equipment without giving its predecessor any economic compensation. The persecution of RCTV has been clear and persistent. Before the station’s closure, the Supreme Court denied an appeal to annul the revocation of its concession. Even as it continued to broadcast, several of its reporters were denied access to press conferences, and the Ministry of Communication and Information devised a new set of rules the day after RCTV resumed broadcasting via cable. During the year, the government mounted a political vendetta against the broadcaster Radio Caracas Televisión (RCTV) Venezuelan journalists and government opposition members demonstrate holding a kilometre-long banner and a sign that reads, “Excuse us, we are working for you. We defend freedom of speech,” during a protest against President Chávez. (AP Photo/Howard Yanes) On 17 July, the Ministry of Communication and Information sent an ultimatum to RCTV to either register by 1 August as a national producer or have its cable signal shut down. Even though the cable channels of RCTV are registered through its international affiliate, based in Miami since 1982, the Ministry argued it should comply to national broadcasting laws because its content targeted a Venezuelan audience. he government did not uphold its immediate threat, but it vowed to reform the laws as a way to force international broadcasters to show presidential broadcasts, party propaganda and other types of official content. Public authorities also tried to prevent private media from covering events related to RCTV, while other news outlets practiced self-censorship. Marietta Santana, host of the television programme “Marietta Alerta” on La Tele, was fired for attending a 21 April demonstration protesting the closure of RCTV. In late May, RCTV 2007 World Press Freedom Review hired Santana to host a programme focusing on freedom of expression. On 23 May, the programme “La Entrevista de Hoy”, hosted by Laure Nicotre and broadcast by the cable channel Llanovisión, was shut down for 15 minutes after the station’s director stormed into the studio and forbade its host from discussing the topic of RCTV’s closure. On 27 May, only foreign and state-owned media were provided access to a press conference by Telecommunications Minister Jesse Chacón about the RCTV case. he closure of the oldest TV station in Venezuela, founded in 1953, was met by international condemnation and civil protests in the capital, Caracas. According to the Human Rights Foundation (HRF), a New York-based non-governmental organisation, at least 200 people were arrested. Several journalists were assaulted while covering the protests. Journalists covering the protests organised throughout Venezuela were caught in the crossfire On 27 May, protesters in Caracas threw bottles and other sharp objects at the crew of the state-owned channel Venezolana de Television. he next day, photographer Wilfredo Hernández of the newspaper El Carabobeño was attacked by government supporters in the city of Valencia, Carabobo state, while taking pictures of a clash with students. On 28 May, three reporters from the community television station TV Rubio were attacked and forced to give up their cameras to members of the National Union of Students during a demonstration. On 29 May, Anuschka Buenaluque, a correspondent for Cuarto Poder, a television newscast based in Peru, was injured with rubber pellets shot by National Guardsmen during demonstrations in Caracas. On 30 May, a group of pro-government students stormed into the offices of Correo del Caroní, in Guayana City, Bolivar state, and threatened to beat up journalist Luis Anselmi. In a 2 December referendum, Venezuela’s citizens voted against proposals put forward by President Chávez and approved by the National Assembly on 25 October to amend several articles of the Constitution that would have allowed the president to suspend fundamental civil and political rights during a state of emergency. he proposed reform of article 337 would have granted the president with the power to “restrict the right to due process, free speech, and other intangible human rights” during a state of emergency, while article 338 would have granted the president the right to extend indefinitely a state of emergency, which is currently limited to 30 days and must be approved by the Supreme Court under the 1999 Constitution. he new article 230 would have allowed Chávez to run for president indefinitely and to increase presidential terms from six to seven years. As the day of the referendum drew nearer, and citizens became more polarized, journalists covering the protests organised throughout Venezuela were caught in the crossfire. On 15 October, reporter Francia Sánchez of RCTV and Diana Carolina Cruz of Globovisión were attacked by protesters in front of the Parliament in Caracas, while police stood by. On 25 October, Paulina Moreno, a reporter for the state-controlled Avila TV, and her crew were physically attacked by protesters. In Barquisimeto, capital of the northwestern state of Lara, William Cándamo, cameraman for the Televén station, was hit with a rock during a protest on 5 November. Two days later, a group of unidentified people at a march threatened, beat, and robbed reporter Gerardo Morón from the daily El Informador, and threw stones at reporter Ricardo Maracaputo from El Impulso. 93 José Delgado, a reporter for Radio Caracas Television (RCTV), prepares for the station’s irst day of broadcasting through a cable service in Caracas, 16 July 2007. The opposition aligned station was forced off the air more than a month earlier when Venezuela’s President Hugo Chávez decided not to renew RCTV’s broadcast licence. (AP Photo/Gregorio Marrero) On 7 November, Gustavo Ortiz of the newspaper El Carabobeño, and photographers Simon Clemente and Julio César Suarez of the newspaper 2001, were wounded, threatened and had their equipment stolen while covering a demonstration at the Central University of Venezuela in Caracas. Nearby, a group of alleged government supporters threw an explosive device at an RCTV vehicle. he station’s technicians Carlos Castro and Tony Vergara suffered minor injuries. In Mérida state, Frontera newspaper photographer Eduardo Molina was beaten by anti-riot police during a 7 November march by students from the University of Los Andes. In the city of Barinas, two journalists were assaulted and one was injured by members of the Special Operations Group (GROES) during a protest on 8 November. Jorge Eliecer Patino and Luis Alberto Barrios from the newspaper El Diario de Los Llanos were beaten and had their photo equipment confiscated. On 9 November, policemen and an unidentified person beat and attempted to destroy the camera of reporter Elvis Rivas of RCTV. During the same protest, Jesús Torres, a photographer for the newspaper Cambio World Press Freedom Review 94 del Siglo, was beaten by police, who gave his camera to an unidentified civilian. Covering the protests against the closure of RCTV and the amendments to the Constitution were used by the government as an excuse to accuse media of inciting violence. President Chávez threatened to start legal proceedings against several media promoting social instability, while William Lara, the Minister of Communication and Information, carried out the threats. In May, the director of Globovisión, Alberto Federico Ravell, and Leopoldo Castillo, host of the station’s show, “Aló, Ciudadano” (Hello, Citizen), were criminally charged for promoting the assassination of the President. Darwin Rosales, a reporter for RCTV, was also threatened with arrest for promoting violence. In November, Globovisión, which already faced several administrative charges from previous years, was charged with inciting violence after covering the protests against the Constitutional amendments. Members of the Bolivarian Circles, a civil militia group backed by the government, and members of the official party filed the charges against Globovisión, the national daily El Nacional and CNN Venezuela. Under article 28 and 29 of the Radio and Television Responsibility Law, news outlets could be subject to 72-hour suspensions or even have their license revoked. Thirty-three journalists from RCTV, Globovisión and the on-line publication Noticiero Digital were accused in May of being paid by the U.S. Central Intelligence Agency (CIA) to destabilize the government. Eva Golinger, a state lawyer, based her accusations on past records about scholarships and grants given to the journalists by international cooperation agencies based in the United States. In March, Últimas Noticias journalists Luz Mely Reyes and Eleazar Días Rangel received a threatening letter from the Minister of Popular Economy Pedro Morejón. he Minister accused the journalists of the Caracas-based newspaper of taking part in an “international conspiracy” to harm Venezuelan companies, institutions, and individuals and being guilty of several criminal offences for publishing a story about alleged irregularities in an agreement with the Iranian government. In other events of public interest, state employees restricted Globovisión’s access to information. On 3 July, the chief of security of the Ministry of Civic Power for Civic Participation and Social Development (MINPADES) barred Wilmer Solano from entering the building to conduct an interview. On 10 and 11 July, security personnel at the headquarters of Petróleos de Venezuela (PDVSA), prevented Globovisión reporter Maria Valentina and Maria Gutierrez from reporting the response of PDVA’S director to an employees’ protest. Globovisión was also the only television station not invited to a 26 July press conference by Jesse Chacon, Minister of Communication and Information. he harassment of Globovisión was also promoted by members of the National Assembly, including speakers Cilia Flores and Iris Varela of the ruling party. hroughout the year, Chávez followers continued to attack media critical of the government. On 17 September, a group of people threw rocks, bottles and sticks at the building of the newspaper Panorama, based in the city of Maracaibo, in Zulia state. he protesters accused the newspaper of not publishing the truth about a criminal case that implicated the state’s chief of security. he same day, the reporter covering the case at the courts for the Maracaibo-based daily was threatened by unidentified persons. hirty-three journalists from RCTV, Globovisión and the on-line publication Noticiero Digital were accused in May of being paid by the U.S. Central Intelligence Agency (CIA) to destabilize the government Several journalists were the target of physical attacks and legal harassment for their criticism of public authorities. Werner Córdoba, political reporter for the daily newspaper La Prensa del Llano, based in the city of San Juan de los Moros, Aragua state, and Roger Santodomingo, director of the news Website Noticiero Digital, were threatened by authorities, after which their cars were destroyed by arsonists. Santodomingo, known for his critical stance towards the federal government, resigned after receiving a letter that threatened his son’s life and the arson attack on his car on 5 July. He was also one of the reporters accused of working for the CIA to depose Chávez. 2007 Córdoba’s car was torched on 3 May, shortly after he published a story accusing the Governor of Guaricó state, Eduardo Manuitt, of corruption. Miguel Salazar, editor of the political weekly, Las Verdades de Miguel, faces defamation charges for an article accusing Manuitt and Assembly member José Albornoz of corruption. If convicted, the journalist faces up to four years in prison, or a US$ 320,000 fine. ● A university student displays a cartoon drawing of a journalist wrapped in a microphone cable and wearing a gas mask in Caracas, 4 June 2007, in protest against President Chávez’s decision not renew the broadcast licence of RCTV. (AP Photo/Gregorio Marrero) World Press Freedom Review 96 2007 A Chill in the Caribbean Air The Caribbean It was another mixed year for the Caribbean, where media workers experienced the whole range of limitations on their ability to practice their profession freely but were still able to register some progress in certain areas. Death watch region (2) I t is too soon to appraise whether a new leader for Cuba and changes of government in the Bahamas and Jamaica will have a positive impact on the media environments in those countries, but there are some reasons for optimism. In Cuba not much changed as a consequence of the hand-over of power from President Fidel Castro to his younger brother, Raúl. During the year, two journalists were freed from prison, but two more were imprisoned, leaving a total of 24 journalists in long-term detention. Twenty of those in prison were among the 27 journalists arrested in the so-called “black spring” crackdown of March 2003. However, some independent journalists noted that official harassment declined in 2007, with fewer detentions and direct threats. In Cuba not much changed as a consequence of the hand-over of power from President Fidel Castro to his younger brother, Raúl In the Bahamas general election in May, the Progressive Liberal Party was defeated by the Free National Movement, after only one term in office. Following its election victory, the new government promised to introduce a Freedom of Information bill, although by the end of the year the legislation had still not been presented to the House of Assembly. In September, Jamaica’s ruling People’s National Party failed in its attempt to earn an unprecedented fifth term in power. he Jamaica Labour Party took office and the new prime minister, Bruce Golding, stated his government’s commitment to review and make changes to existing libel laws. “I want to see a press that is strong, that is powerful and that is able to satisfy the public’s need for information without any unnecessary methods being applied,” declared Golding. he media in two of the region’s most populous countries, the Dominican Republic and Haiti, continued to contend with very difficult conditions. In Haiti, two journalists were killed in separate incidents by members of armed gangs who objected to their work chronicling and commenting on violent crime. Towards the end of the year, Guy Delva, the country’s most prominent media rights advocate, received death threats and narrowly avoided a probable assassination attempt. Delva, who left the country for three weeks out of fear for his own safety, believes the incidents were a direct consequence of his investigative journalism. In the neighbouring Dominican Republic, the serious and worrying deterioration of the state of media freedom experienced in 2006 continued. More than 30 attacks on or threats against journalists were registered in 2007. Journalists faced aggression and threats from a variety of sources, including the security forces, criminal gangs, and anti-government protestors. hese attacks overshadowed some positive moves in the struggle against impunity for attacks on journalists in both countries. In Haiti, President Préval and the media rights organisation, SOS Journalistes, jointly launched the Independent Commission to Support the Investigations of Assassinations of Journalists. he aim of the commission was to identify problems with investigations into the murders of at least 10 journalists in recent years. It had a notable success in December when it directly contributed to the successful prosecution of two men who were given life sentences for the December 2001 murder of radio journalist, Brignol Lindor. “We are determined to push for a conclusion and the end of impunity in the cases of journalists killed in Haiti,” declared Guy Delva, the head of the commission. 2007 World Press Freedom Review In the Dominican Republic, too, the judiciary was stirred into action, with three men found guilty and sentenced for the March 1975 murder of the Orlando Martínez, editor of Revista Ahora magazine, and the leader of a drug trafficking gang sentenced for the September 2004 murder of Listín Diario correspondent, Juan Andújar. Rafael Molina, editor of the newspaper, El Día, and president of the Inter American Press Association (IAPA) declared: “We are delighted at the firm steps that the Dominican authorities are taking to deal with impunity surrounding crimes against journalists.” In Haiti, two journalists were killed in separate incidents by members of armed gangs who objected to their work chronicling and commenting on violent crime In Guyana, the continuing state advertising boycott of the Stabroek News was viewed as official action to stifle dissent and to punish recalcitrant media. Without providing any evidence, the government insisted it was a commercial decision based on the newspaper’s declining circulation, and declined to respond to a request for clarification from the Human Rights Rapporteur of the Organisation of American States. he Association of Caribbean Media Workers (ACM), along with many oth- 97 US President George W. Bush, centre, poses for a group photo with Caribbean heads of governments, on 20 June, at the State Department in Washington, D.C. AP Photo/Gerald Herbert er regional and international media rights organizations, condemned the boycott and suggested that the “the prospect of substantial reductions in advertising revenue will no doubt have the potential to steer media coverage along more conservative editorial lines.” In June, the detention and expulsion from Antigua and Barbuda of two prominent Caribbean journalists brought a storm of protest across the region In June, the detention and expulsion from Antigua and Barbuda of two prominent Caribbean journalists brought a storm of protest across the region. Vernon Khelawan, a Trinidadian, and Lennox Linton, a Dominican, were deported, ostensibly because of violations of immigration law, but most observers agreed it was a move by the government to counter critical journalistic coverage. he Antigua and Barbuda Media Congress said it was gravely concerned about the development which, it said, “could have far-reaching implications on the movement of media workers throughout the region.” The Antiguan government had ignored its commitment to the CARICOM Single Market and Eco- nomy which allows for the free movement of goods, skills, labour, and services across the Caribbean, and specifies that journalists are among the categories of workers allowed free movement within the region. he ACM expressed its “absolute condemnation” of the expulsions, stating: “his is not an assault on breached immigration regulations. It is an attack on the free press.” Faced with these diverse challenges, the region’s journalists have been given steadfast support by the Association of Caribbean Media Workers which held its fourth biennial general assembly in Port-of-Spain, Trinidad and Tobago, in early December. he organisation’s general secretary, Wesley Gibbings, reported that the ACM had “spent the past two years further entrenching its position as a credible regional organisation concerned with the promotion of professional development in journalism, advocacy on the issue of press freedom, and development of journalism networks.” Gibbings was unanimously elected president of the regional media body during the meeting. he newly elected executive includes St Lucian journalist, Peter Richards, and Surinamese journalist, Nita Ramcharan. Anika Kentish, an Antiguan journalist, took up the post of general secretary and will be assisted by the Haitian journalist, Guy Delva. Grenadian journalist, Michael Bascombe, and media instructor, Canute James, retained their positions as board members. By Charles Arthur World Press Freedom Review 98 Antigua and Barbuda O n the two small islands with a combined population of around 83,000, relations between the United Progressive Party government and sections of the media continued to be tense. In June, the detention and expulsion from Antigua of two prominent Caribbean journalists brought a storm of protest at home and across the region. Vernon Khelawan, a Trinidadian, and Lennox Linton, a Dominican, both seasoned journalists who have worked throughout the region, were detained and expelled by immigration officers on 12 and 13 June respectively. Prime Minister Baldwin Spencer said the two men lacked the necessary work permits: “here comes a time when one has to deal with the laws of this country and if it affects certain persons, so be it.” Both men instructed their lawyers to challenge the expulsions in the courts. he detention and expulsion from Antigua of two prominent Caribbean journalists brought a storm of protest at home and across the region Protests against the deportations focused on the fact that Antigua and Barbuda is one of the signatories to the CARICOM Single Market and Economy (CSME) which allows for the free movement of goods, skills, labour, and services across the Caribbean, and specifies that journalists are among the categories of workers allowed free movement within the region. he Antigua and Barbuda Media Congress (ABMC) said it was gravely concerned about the development which it said “could have far-reaching implications on the movement of media workers throughout the region.” he Association of Caribbean Media Workers (ACM) expressed its “absolute condemnation” of the expulsions, stating: “his is not an assault on breached immigration regulations. It is an attack on the free press.” In November, the government earned still further opprobrium from media rights activists when it announced forthcoming legislation to remedy what it labelled irresponsible media. Outlining the government’s legislative agenda for 2008, Governor-General Dame Louise LakeTack told the Parliament that “certain sections of the press (are) waging a battle of political expediency with innuendos, half truths, false information, and character assassinations, reckless of the damage being done to targeted individuals or the body politic.” She continued: “My government has come to the realisation that enough is enough, and will accordingly introduce in this fifth session of Parliament a broadcasting act which will set, monitor, and enforce universally accepted standards of conduct by which the print and electronic media will be expected to be governed.” Anika Kentish, vice-president of the ABMC, who was elected as general-secretary of the ACM in early December, expressed her organisation’s concerns about the planned legislation. Speaking at the ACM general meeting in Trinidad and Tobago, she said the ABMC intended to write to the Attorney-General and to the Prime Minister, Baldwin Spencer, to seek clarification on what is intended for the proposed Broadcasting Act: “We understand that the government may have its concerns, but we will not be in support of any type of law or any other means of cen● soring the media.” 2007 The Bahamas T he island chain forming the nation of the Bahamas has a population of around 300,000 people, about two-thirds of them living on New Providence Island, which is the location of the capital, Nassau. Well-developed tourism and offshore banking sectors make it one of the most prosperous countries in the region. he media is generally free to criticise the government and its policies, although in the run-up to May’s general election, the ruling Progressive Liberal Party (PLP) repeated earlier criticism of newspaper coverage. he new FNM government promised to introduce a Freedom of Information bill In February, he Tribune newspaper broke an international news story when it published two photographs on its front page showing the Immigration Minister, Shane Gibson, and the former model, Anna Nicole Smith, both fully clothed, embracing on Smith’s bed in her Nassau mansion. Smith, a US citizen residing in the Bahamas, and Gibson, a PLP member of parliament, had earlier been involved in controversy when Gibson had been accused of showing Smith preferential treatment by fast-tracking her residency application in the previous year. he story made international news headlines because Smith had been found dead in a hotel in Florida earlier in the month. Following the publication of the photographs, Gibson, a married man, at first denied any impropriety, but eventually resigned from his position as minister. Prime Minister Perry Christie denounced he Tribune, saying: “Newspapers have now become rag sheets for political parties and where unapologetically they are conveying and purveying the party’s message and doing it in the way that is intended to have a negative effect on my party or a negative impact on my party.” Government supporters staged protests outside he Tribune’s offices calling for the editor, the British citizen, John Marquis, to be deported, labelling him a “journalistic terrorist.” Marquis said he published the photographs because of their potential political impact. He said: “For the Bahamas, it’s not just a salacious story. It’s a story with pretty far-reaching political implications.” he scandal probably contributed to the PLP’s defeat in the May election. he main opposition party, 2007 World Press Freedom Review 99 Barbados the Free National Movement (FNM), returned to government by capturing 23 of the 41 seats in the House of Assembly. Following its election victory, the new FNM government promised to introduce a Freedom of Information bill and also to disclose all agreements with foreign investors, to regularly report to the public on the state of the country, and to uphold a code of ethics for ministers and members of parliament. he attorney-general soon announced that she had received and was perusing the initial draft of the Act, and that she expected the legislation to be presented to the House of Assembly before the end of the year, although this did not happen. In July, the announcement that he Tribune, he Nassau Guardian and he Freeport News newspapers had agreed on a partnership for sales, purchases and printing production, raised concerns about a looming media monopoly. Although the merger partners assured the public that the editorial departments will function independently, critics claimed that the move could only be to the detriment of media independence and diversity in the Baha● mas. W ith an economy based on tourism, Barbados is now one of the most prosperous countries in the western hemisphere outside of the United States and Canada. Freedom of the press for the country’s 270,000 inhabitants is constitutionally guaranteed, and, although there is no freedom of information act, the media is largely unrestricted. Of the 11 radio frequencies, three are run by the state-owned Caribbean Broadcasting Corporation (CBC), which also operates a television station. here are two daily newspapers and two weeklies, all privately-owned. A new weekly, he Sentinel, was launched in January but soon folded. here were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chatrooms. he assumption was that the police were responding to political directives to try and prevent media coverage of ‘bad news’ in the run-up to the elections In the run-up to the January 2008 general election, both the ruling Barbados Labour Party (BLP) and the main opposition party, the Democratic Labour Party (DLP), made increasing use of the Internet in the context of the widespread access to computers and the World Wide Web in Barbados. General-secretary of the BLP, Dr William Duguid, and DLP Member of Parliament, Ronald Jones, told he Sunday Sun newspaper that they would not be relying solely on traditional media, the political platforms, or mass meetings, to reach voters. Both parties revamped interactive web sites in an effort to take advantage of the mass reach offered by the Internet, as well as its cheap cost. Both politicians said they were able to deal with issues on their web sites which the mainstream media did not highlight. Duguid said no effort would be spared to use the technology in relation to the elections: “he Internet is going to play a greater and greater part in politics all over the world, and Barbados is no exception. here is a lot of potential in information technology and electioneering in the modern day.” Just as politicians made use of increased access to the Internet, so too did their critics, and during 2007 political blogs became very popular in Barbados. Two of them in particular, Barbados Free Press and Barbados Underground, drew large numbers of visitors for their exposés of government misdemeanours and hypocrisy. In late December, one contributor to these two blogs, hotelier Adrian Loveridge, informed the police that he and his wife had been subjected to repeated death threats, including promises to burn down their hotel. he threats appeared to be politically motivated on behalf of the ruling BLP. In one of the only incidents of infringement of the rights of traditional journalists during the year, on 25 May, CBC reporter Jimmy Gittens was roughed up and arrested by officers of the Royal Barbados Police Force as he was covering the arrival of traffic accident victims at the Queen Elizabeth Hospital. Police thugs manhandled two other journalists but did not charge them. The police charged the newsman, and Gittens was released on bail and ordered to reappear in court in July on charges of trespassing in the hospital compound. here was general outrage in the journalistic community, and the assumption was that the police were responding to political directives to try and prevent media coverage of ‘bad news’ in the run-up to the elections. Although Gittens’ lawyer said that a civil suit would be filed against the police, nothing more has been reported about the ● case. 100 World Press Freedom Review Cayman Islands T he three Cayman Islands, which are situated 180 miles northwest of Jamaica and 150 miles south of Cuba, form a British Overseas Territory. Of a population of 52,000, some 18,000 are non-Caymanians (half of them Jamaicans) who are admitted to the territory under a work permit system. he main industries are financial services, tourism, and real estate sales and development. here are two newspapers – he Caymanian Compass and Cayman Net News – that are published five times a week, and two – he Cayman Observer and Caribbean Net News – that are published weekly. In addition, there are numerous publications serving the finance and tourism industries. here are 14 radios stations, including two services provided by the government-run Radio Cayman, and six broadcast television channels – Cayman 27 and Island 24 showing entertainment, news and sport; three channels providing religious programmes; and one broadcasting entertainment and activity guides to residents and visitors. On 31 August, the Cayman Islands Legislative Assembly passed the Freedom of Information Bill into law. In September, the authorities appointed an experienced access-to-information practitioner, Carole Excell, as coordinator of Cayman’s Freedom of Information Unit. Excell, who is from Jamaica, will analyse, formulate and disseminate policies, procedures and guidelines for the entire public sector, while monitoring and identifying shortcomings in implementation of the law. he target date for full implementation has been set as 1 January 2009, with the delay justified on the grounds that all government departments need time to prepare to respond to requests for information from the public. Although the legislation will give the public wide-ranging ability to seek government records, there are broad categories of records that will be exempted from release at the request of government departments. Some of the exempted records will include those related to the conduct of a criminal investigation or the trial of any person, those that would reveal confidential sources of information in relation to law enforcement, and those that reveal investigative methods used by police or customs officers. he closed–door consultations of the Cabinet, including advice or recommendations, will also be exempted from release by the bill. 2007 Dominica In terms of media freedom, the only notes of real controversy during the year occurred when politicians and representatives of the publishing company, Cayman Net Ltd, traded insults. In July, both the ruling People’s Progressive Movement (PPM) and the opposition United Democratic Party (UDP) accused Cayman Net News of favouring the other in its news reports. hen, in September, Desmond Seales, the Cayman Net Ltd publisher and editor-in-chief of Cayman Net News, accused the authorities and the state-owned national flag carrier, Cayman Airways, of colluding to block the air-freighting of Cayman Net News from Miami, where it is printed, to Grand Cayman, and onwards to Cayman Brac and Little Cayman. According to Seales, the decision to end the freight of the newspaper must have been politically-motivated because Cayman Net Ltd was in full conformity with the financial terms negotiated and agreed with Cayman Airways. Seales said that in July he had been made aware that the PPM administration intended to discredit the work of his newspaper “as it does its part in ensuring an effective democracy by holding the government accountable to the people of the Cayman Islands.” He said the attempt to block the distribution of Cayman Net News came at a time when two stories had been published that placed the Minister for Tourism and the CEO of Cayman Airways “each in a less than positive light.” A subsequent investigation by the Office of Complaints Commissioner (OCC) found Seales’ complaint to have been unfounded. Responding to the decision, Seales said it was disappointing that the OCC apparently took so little account of what Seales described as “significant ● circumstantial evidence.” R elations between journalists and the ruling Dominica Labour Party (DLP) continued to be fractious. By far the most controversial issue of the year was the lawsuit filed by Prime Minister Roosevelt Skerrit claiming that he Times of Dominica weekly newspaper and its editor, Matt Peltier, were responsible for libellous statements. he lawsuit followed the 29 August publication of an article written by Peltier alleging that Skerrit had acquired two pieces of land valued at US$ 370,300 and asking for information on how such purchases were funded when the prime minister’s monthly salary was only US$ 1,851. Skerrit’s lawsuit claimed that the article contained a number of false statements of fact or assumptions relating to the acquisition of the land which the defendants knew or ought to have known were false. Peltier’s immediate response was to say he would fight the suit, saying: “heir intention is clear – to try to intimidate me”. In November, Peltier’s lawyers asked the High Court to throw out the case, arguing that the correct procedures were followed before the article was published. Peltier added that the article never accused Skerrit of being involved in illegal activity, and that issues raised were in the public interest. he case is still at court. he Peltier case accentuated concerns about the increasing use of libel laws to deter critical journalism he Peltier case accentuated concerns about the increasing use of libel laws to deter critical journalism, but it also exposed serious cracks in the nascent Caribbeanwide coalition in support of media freedom. On 4 September, the Media Workers’ Association of Dominica (MWAD) issued a strong defence of Peltier, praising a rare example of investigative journalism. he MWAD statement commended the newspaper for what it described as a “fair attempt at thoroughly investigating a particular aspect of the Prime Minister’s personal finances in the public interest.” he statement continued: “MWAD urges young journalists and the more experienced alike, not to feel intimidated by the tone and spirit in which this situation is being approached. As news media practitioners, whether employed in State-owned entities or otherwise, it is the journalist’s 2007 World Press Freedom Review 101 Dominican Republic duty and raison d’etre to search for the truth and report it to the audience without fear. To fail in this endeavour is to allow one of the cornerstones of democracy to be eroded.” However, at the end of September, the Association of Caribbean Media Workers (ACM), of which the MWAD is a leading affiliate, issued a statement offering to mediate between Peltier and Skerrit. he offer aroused a storm of protest from journalists in Dominica, and other Caribbean media rights activists, who contended that the ACM, instead of entertaining the validity of Skerrit’s claims, should have issued unequivocal support for Peltier on the grounds of the need to protect journalists from cavalier use of libel laws and to encourage more investigative journalism. ● T he serious and worrying deterioration of the state of media freedom experienced in 2006 continued this year. he Inter American Press Association (IAPA) meeting in Florida, USA, in October, noted that “there is a persistent trend toward intolerance of the critical function of the press by representatives of some sectors who want a bland, complacent journalism that gives up its sacred mission to deal with all issues of general interest, even if they affect special interests or the sensitivity of some spokesmen.” his intolerance manifested itself in the form of an increase in violence against media workers. The Dominican National Union of Press Workers (El Sindicato Nacional de ple assigned to protect him were the ones threatening him. In January, Manuel Vega, producer of a news programme on the privately-owned TV stations Varo Visión and 95.5 FM, received anonymous death threats. An anonymous caller told him he was “causing problems” and would be “burned alive” if he continued to denounce drug trafficking in the eastern province of Hato Mayor. Vega accused the authorities of being indifferent to his situation, and said he could not trust the regional police force, which was, he claimed, “contaminated” by drug trafficking.” RSF stated: “It is incomprehensible that the government and its relevant departments have not already come Trabajadores de la Prensa de la República Dominicana – SNTP) and Reporters sans frontières (RSF) registered more than 30 attacks on or threats against journalists in 2007. Some of the most serious of these incidents were as follows: In the last days of 2006, Julián Herrera, a columnist who covers the Dominican armed forces for the Santo Domingo-based weekly newspaper, Clave, and the Internet daily, Clave Digital, informed the Committee to Protect Journalists (CPJ) that he had been threatened and followed by unidentified individuals. Herrera believed that the intimidation was connected to five articles published in November and December 2006 on the disappearance of 43 weapons in 2004, and on the misuse of funds from the Army Health Risks Administration. He lodged a complaint with the chief of the army intelligence service on 8 January, but declined the protection offered because he feared the same peo- to Vega’s aid. Is he being made to pay for alleging that certain officials in Hato Mayor are colluding with drug traffickers?” At around the same time, two other journalists based in the region, Manuel Carrasco and Yoel de los Santos, were the targets of similar warnings. Rafael Vargas, a reporter for Radio Comercial, was arrested and detained without charges from 21-28 March on the orders of two former senators and a police officer. hree days after he was freed, his house was stoned and damaged by a machete. Vargas said he believed the violence was revenge for denouncing criminal behaviour. In May, TV reporter Ceynet Sánchez and cameraman Richard de la Cruz of privately-owned Canal 37 and a Listín Diario photographer were roughed up by demonstrators protesting against public transport fare increases near the University of Santo Domingo. The Dominican Republic’s President Leonel Fernández (left) talks with the chief commander of military forces Ramón Aquino Garcia during a military parade in Santo Domingo on 27 February. REUTERS/Eduardo Munoz 102 World Press Freedom Review 2007 Grenada Erica Guzmán, correspondent in the eastern city of Samaná for the national daily, Hoy, and the national station, Radio Popular, told the CPJ that, on 11 June, her daughter received two anonymous calls threatening the journalist and her family with death. Guzmán believed the threats were linked to a 29 March report she published in Hoy and aired on Radio Popular about two local officials who were charging for notary services the government provides free. After the report was made public, Dominican authorities began an investigation into the two officials Guzmán had named. One was fired on 7 May 7 and the second on 11 June, Guzmán told CPJ. After she reported the threats, local authorities provided the correspondent with a police escort. he worsening media environment overshadowed some positive moves by the courts On 22 June in Maimón, in the central province of Monseñor Nouel, Marino Baéz, the correspondent of the privatelyowned newspaper, Listín Diario, and Braddy Abréu, a TV producer with privately-owned Yuna Visión, were attacked and threatened by members of two local organizations during a demonstration they had organised to demand fairer distribution of water. In the early hours of 6 July, shots were fired at the home of radio host, Héctor Abreu, in the south-western town of Tamayo. Abreu, a presenter on Radio Azua and a correspondent for Radio Enriquillo, said he believed the attack was connected to his reports on several crimes in the region. On the same day, threatening phone calls were made to TV producer Juan Cadena in the capital, Santo Domingo. Cadena, the producer of a daily programme for the television station, Sport Visión, said he suspected the calls were in response to his comments about a general strike called for that day. On 24 November, police officers attacked and threatened Noel Encarnación, a freelance photographer and reporter for the radio news show on local state-owned radio station, Maniel FM. Encarnación was covering the refugee crisis in the province of San José de Ocoa in central Dominican Republic, following the destruction caused by Hurricane Noel. he reporter told CPJ that he was photographing a group of people who had not been provided with shelter when he was approached by police officers and military personnel. At least six uniformed men beat Encarnación, breaking his camera, and taking his cell phone. One of the officers allegedly said, “If you speak to the media, we’ll have you killed.” he noted publicist and journalist, Victor Gulías Vicioso, was found murdered in his apartment in Santo Domingo on 29 March, but police investigations concluded that the motive was robbery and nothing to do with his work. he worsening media environment overshadowed some positive moves by the courts. In April sentences were passed against three men accused of the March 1975 murder of the journalist, Orlando Martínez, editor of Revista Ahora magazine. In December, the Supreme Court increased the sentence of one of the three, retired Army general Joaquín Antonio Pou Castro, from 20 to 30 years, having ruled that he was directly responsible for the killing. On 2 May, Vladamir Pujols, the leader of a drug trafficking gang, was sentenced to 30 years in prison for the September 2004 murder of Juan Andújar, correspondent for Listín Diario in his native city of Azua. Pujols’ accomplice was jailed for five years, while a third suspect, who was a minor at the time, has yet to be put on trial. Rafael Molina, editor of the newspaper, El Día in Santo Domingo, and president of IAPA declared: “We are delighted at the firm steps that the Dominican authorities are taking to deal with impunity surrounding crimes against journalists.” Other moves in the right direction were the 25 September introduction to parliament of a bill to abolish prison terms for press offences, including libel and insult, and to replace them with fines, and the Supreme Court’s October ruling that the Transport Reform Office (Oficina para la Reorganización del Transporte, OPRET) must hand over the documents on the construction of the Santo Domingo Metro demanded by the journalist Huchi Lora. he reporter for the newspaper, De Medio, had battled for months to get access to the plans, and, after the ruling in his favour, he urged journalists and community organizations to demand information on public works from government agencies. ● O ne of the most southerly islands of the Eastern Caribbean, located approximately 90 miles north of Trinidad, Grenada has a population of just 106,000. As in previous years, the government’s resort to libel laws to try and muzzle critical media coverage has been the main source of concern for media freedom advocates. In January, Prime Minister Keith Mitchell threatened to take legal action against sections of the local media claiming that he had been libelled by them. While Mitchell did not disclose the names of the media houses, he said his lawyers would be taking the necessary action soon: “here are one or two radio stations who have said things recently – they will be sued.” he threat was believed to be connected to calls for the re-opening of an inquiry into allegations that Mitchell had received a sum of money from Eric Resteiner, a former Grenada trade representative, in the year 2000. Mitchell has consistently denied the allegation, in what has been dubbed the ‘briefcase scandal.’ The Prime Minister followed through with his threat at the end of February when the Attorney General said a law suit had been filed against the operators of the radio station 90.1FM. he lawsuit claimed that the radio station libelled the Prime Minister and his Office in various broadcasts by radio commentator, Eddie Frederick. Attorney General, Elroy Nimrod, said he was seeking damages and an injunction preventing the station from making similar broadcasts. In response the Media Workers’ Association of Grenada (MWAG) said the legal action “could have the effect of stifling debate on a matter of national importance.” he MWAG statement continued: “While we acknowledge it is the right of any individual to seek legal redress on any matter, we are nonetheless concerned that this latest action could be interpreted as an act of intimidation against the local media fraternity.” he MWAG had further cause for concern in mid-July when the Prime Minister, during a break at a sitting of parliament, accused veteran journalist, Engenie Mason, of the Grenada Broadcasting Network (GBN), of “promoting opposition news,” and declaring that “this will not be accepted.” A MWAG statement opined: “Given the fact that the government is a shareholder of GBN, we view the final part of the Prime Minister’s statement a threat, and deliberately made in an attempt to 2007 World Press Freedom Review 103 Guyana intimidate and possibly silence any of the station’s reporters who dare report on news not to the liking of the Prime Minister.” At the end of August, the MWAG’s president Michael Bascombe issued a statement denouncing “undue pressures” on journalists and media companies in the context of reporting of statements made in court documents in the United States regarding the failed First International Bank of Grenada. he statement continued: “We have gathered evidence to suggest that top officials of the ruling party and government are actively seeking to silence the reporting of a matter of general national interest and importance. Against this background we call on all of our members to report the facts of the new controversy fairly and professionally, and to resist with firmness and respect the undue pressures they are now being put under to ignore the issue – which has a genuine and legitimate news interest.” he above issues overshadowed a positive outcome in relation to the forthcoming Broadcasting Authority Act. In mid-September, following a three-hour meeting between government’s Public Education Committee (PEC) and representatives of the MWAG, a clause suggesting media workers be imprisoned as a form of punishment for violating the rules of the Act was scrapped. he MWAG’s request for the clause to be taken out was one of a series of recommendations that the organisation wanted to be taken into consideration by drafters of the legislation. he MWAG says the government committee agreed to accept nearly all its recommendations. hese included agreement on a method of appointing the chairperson and directors to a proposed Broadcasting Commission to regulate the industry, and several amendments which the MWAG’s generalsecretary, Rae Roberts, said were necessary to protect the independence of the media from political interference. he PEC also agreed to examine a draft Access of Information Act which the MWAG wants in● cluded in the new legislation. T he population of the only Englishspeaking country in South America is estimated at around 750,000. Over recent years, the People’s Progressive Party (PPP) government, led by President Bharrat Jagdeo, has developed a good record on media freedom. However, this all changed following the decision taken by the Government Information Agency (GINA) to withdraw advertisements from the Stabroek News, commencing December 2006. In the wake of the withdrawal of government ministry advertisements, a number of government agencies and state corporations followed suit, based on directives from the government. GINA cited the newspaper’s declining circulation as the reason for the decision, but most observers felt the action was punishment for Stabroek News’ critical reporting of the government and the PPP during the 2006 election campaign. he Guyana Press Association (GPA), and the Guyana Human Rights Association, as well as the Association of Caribbean Media Workers (ACM), all condemned the decision, as did all the main international media freedom organisations. In February, a Caribbean media delegation comprised of Harold Hoyte of One Caribbean Media, Newton James of the Gleaner Group of Jamaica, Dale Enoch of the ACM, and Rickey Singh, an independent journalist, met with President Jagdeo at a CARICOM meeting in St Vincent to seek clarification on his government’s decision. Jagdeo explained that the switching of the majority of government advertisements from Stabroek News to the other main daily newspaper, Kaieteur News, was not a press freedom issue “but a decision based on economic value” for his government. He declined to take up the delegation’s offer to devise a fair mechanism for the allocation of state advertising. Stabroek News subsequently lodged a complaint with the Human Rights Rapporteur of the Organisation of American States, and, in June, the Rapporteur wrote to the Guyanan government asking for an explanation of its decision to withdraw the advertisements. he letter referred to the inter-American standards on the allocation of public advertising: “According to these standards, the use of official advertising in order to punish or reward social mass media based on their approach to coverage may create an undue restriction on the right to freedom of expression enshrined in Article 13 of the American Convention on Human Rights and Article IV of the American Declaration of the Rights and Duties of Man.” After not receiving a response, the Rapporteur issued a statement on 25 July, calling on the government to review its withdrawal of advertisements from Stabroek News and to ensure transparency in the allocation of official advertising. By year’s end, the government had failed to respond. Kaieteur News was ‘in the firing line’ in May when two men entered the editorial department and held several reporters at gunpoint. According to reports, the two men entered the building located on the outskirts of the capital, Georgetown, and demanded to see the newspaper’s publisher, Glenn Lall. After being told that Lall was unavailable, the two men took out handguns and ordered staffers to lie on the floor, while holding a gun to a reporter’s head. he men later fled on foot. No one was harmed in the ordeal, but several reporters were traumatized. he government said that it viewed the attack as another attempt to undermine press freedom in Guyana. According to the government statement, the gunmen are part of a criminal network seeking to spread panic and fear in society at large. Most observers felt the action was punishment for Stabroek News’ critical reporting of the government The only other notable incident during the year occurred in early December when announcer/producer, Andrea Bryan, was fired from her job at the state-owned National Communications Network (NCN). NCN General Manager, Martin Goolsarran, said that Bryan was fired because she did not get approval to travel and participate in a two-day seminar on reporting on children’s rights for regional journalists in Trinidad and Tobago. he training programme was organised by the ACM in collaboration with UNICEF and other international donors. He said it was a “serious breach of company’s policy.” Bryan contended that she had notified her manager of her intention to travel to the seminar, and since no one communicated their disapproval to her, she had construed the silence as consent. President of the Guyana Press Association, Denis Chabrol, World Press Freedom Review 104 2007 Haiti said that “based on the information provided to us, the GPA is disturbed.” On a more general matter, the Inter American Press Association noted that the government maintains a radio monopoly that it inherited from the previous government in 1992. New broadcasting legislation had been promised and a government spokesman has said that private radio licences would then be issued, but nothing has been done. An opposition member of parliament has tabled a Freedom of Information bill for consideration, but is appar● ently unlikely to be passed into law. Death watch country (2) T he very welcome reduction in political tensions following the creation of a coalition government in 2006 continued to impact positively on the media environment during 2007, and at long last there was some progress with the judicial inquiries into recent murders of journalists. However this general improvement was blighted by the murders of two media workers and death threats against the country’s most prominent media rights advocate. Although the UN peacekeeping force, MINUSTAH, together with the national police force, carried out a successful offensive against armed gangs in late 2006 and early 2007, the problem of violent crime in many parts of the capital, Port-au-Prince, was by no means resolved. Journalists were able to visit areas previously ‘off-limits’ because of the threat of violence against them, but the risks remained, as graphically illustrated by the murders of Jean-Rémy Badiau in Port-au-Prince, and Alix Joseph in Gonaïves. Freelance photo-journalist Badiau was shot dead in front of his home in the Cité Jean 23 area of Martissant, in the south of the capital, on 19 January. According to his family, he had received death threats from members of the criminal gang known as ‘Lame Timanchèt’, and was probably killed because he had taken photographs of gang members in Martissant. Joseph, station manager and news journalist at Radio-Télé Provinciale in the city of Gonaïves, 105 miles north of Port-auPrince, was shot dead by two unidentified men on 16 May. Although the motive for the killing was not immediately known, a journalist colleague at the station they both worked for said he had received threatening telephone calls protesting against the radio’s calls for the disarmament of local gangs. Two gang members were later arrested and charged with involvement in the murder. In late October, Guy Delva, the Reuters correspondent, reporter for Mélodie FM, and head of the SOS Journalistes media rights organisation, began receiving anonymous telephone calls issuing threats against him. The calls threatening his life continued, and then, on the night of Haiti’s President Rene Preval, centre, attends a conference about freedom of the press, organized by the Haitian press association, “SOS Journalistes” in Port-au-Prince, on 3 April. AP Photo/Ariana 5 November, he was the subject of what appeared to be preparations for an assassination attempt, when he was followed by men in a car as he drove home through the Port-au-Prince suburb of Pétionville. Fearing for his life, Delva drove at full speed to the Pétionville police station, and the following morning left the country for his own safety. Delva suggested that the death threats may have been linked to Senator Rudolph Boulos, a member of a rich and 2007 World Press Freedom Review 105 cent years. It was given access to official police and court documents, and tasked with studying the case files to determine how and why the cases had stalled. Twenty days after the CIAPEAJ was launched, two gang members received life sentences for their part in the July 2005 abduction and murder of the journalist Jacques Roche. A third suspect was arrested in October. Fearing for his life, Delva drove at full speed to the Pétionville police station, and the following morning left the country for his own safety U.N. Secretary-General Ban Ki-moon, right, greets Haitian journalists after a press conference at the Presidential Palace in Port-au-Prince on 1 August. AP Photo/Ariana Cubillos influential family. In October, Delva had reported information about Senator Boulos having US citizenship. According to the Haitian Constitution, someone who holds a foreign passport cannot be a Senator. Delva returned to Haiti on 25 November, declaring that he had received a formal commitment to ensure his safety from the President, René Préval. At long last there was some progress with the judicial inquiries into recent murders of journalists Another journalist, François Latour, a presenter on Caraïbes FM, was murdered in Port-au-Prince during a kidnap attempt on 22 May but it is not thought that he was targeted because of his profession. he 12 April murder of Johnson Edouard was at first reported as a press freedom issue but it subsequently transpired that he had not worked for the weekly newspaper, Haïti Progrès, for the past three years, and the attack was probably linked to his political activities. Similarly, the 6 November shooting attack on the offices of Radio-Télé Ginen in Port- au-Prince was at first inter- preted as an act of intimidation against the station. However police later arrested and charged an employee of the station who admitted hiring members of an armed gang to carry out the attack because he was angry about the management’s decision to demote him from programme director to editor. President Préval underscored his government’s commitment to media freedom when he visited the offices of one of the country’s two main newspapers, Le Matin, on 1 April, on the occasion of the commemoration of its 100th anniversary. Responding to the editor’s remark that some of the newspaper’s recent editorials had been very critical of his presidency, Préval said: “I believe that what is important for a head of state who wants to see democracy progress is for this leader to let the people express themselves. As far as I am concerned, one of the most important tasks as a leader is to listen to the expression of people’s needs and problems, and this can only happen through freedom of speech.” On 10 August, Préval and SOS Journalistes launched the Independent Commission to Support the Investigations of Assassinations of Journalists (La Commission indépendante d’appui aux enquêtes relatives aux assassinats de journalists, CIAPEAJ). The commission, composed of journalists from a variety of Port-au-Prince media outfits, was established to identify problems with the investigations into the murders of at least 10 journalists in re- he CIAPEAJ’s work brought further progress in the struggle against impunity for crimes against journalists when, on 12 December, two men were sentenced to life in prison for the December 2001 murder of journalist, Brignol Lindor. he two were members of the Domi Nan Bwa organisation which had ties to the Famni Lavalas party. Five other Domi Nan Bwa members accused of involvement in the murder remained at large. Following the trial, the court issued arrest warrants for them, and also instructed a new investigation to be conducted, which would allow possible masterminds to be prosecuted, including former government officials. According to the head of the CIAPEAJ, Guy Delva, the investigation will allow testimony that has not been heard before to be presented. Also in December, former police superintendent, Daniel Ulysse, was arrested in Port-au-Prince in connection with the investigation into the April 2000 murder of Radio Haïti Inter director, Jean Dominique. Ulysse, who had ignored all summonses to appear before the investigating judge for questioning, is alleged to have obstructed the original investigation. ● World Press Freedom Review 106 2007 Jamaica A woman argues with an electoral oficial while waiting in line outside a polling station in Kingston on 3 September. REUTERS/Hans Deryk T he island nation of over three million people continued to enjoy a media that is largely free to express critical views without significant restrictions. However, some media rights activists continue to complain that existing libel and defamation laws are hindering freedom of expression. On World Press Freedom Day on 3 May, Desmond Richards, president of the Press Association of Jamaica (PAJ), told he Gleaner newspaper that current libel laws were discouraging. He said: “It is a disgrace that in Jamaica a journalist could go to jail for the written or spoken word, in light of the fact that on the law books we still have criminal libel there.” Richards said the current libel and defamation law should be reformed, and recommended that the reform should be similar to that of the United States model where public officials must prove malice before they can bring a case of libel in the courts. Gary Allen, deputy managing director of the RJR Communications Group agreed, saying the laws have the potential to shut down media houses, rather than penalise them for decisions taken. “You could end up with huge damages being awarded that could actually lead to the stifling of press freedom rather than leading to people understanding that Jamaica’s new Prime Minister Orette Bruce Golding is surrounded by security and supporters at Kings House, in Kingston, Jamaica. AP Photo/Collin Reid they have defamed somebody and that there is a penalty for that,” he said. Allen recommended that the interpretation of the law should be given to a judge, rather than a jury making the award, on the grounds that “a judge can consider factors probably in a more reasoned and informed way than a jury.” he general election on 3 September saw the Jamaica Labour Party (JLP) gain victory over the incumbent People’s National Party (PNP). The new Prime Minister, Bruce Golding, stated his government’s commitment to review and make changes to existing libel laws. “I want to see a press that is strong, that is powerful and that is able to satisfy the public’s need for information without any unnecessary methods being applied,” declared Golding at a seminar organised by the Media Asso- 2007 World Press Freedom Review 107 Trinidad and Tobago ciation of Jamaica (MAJ) in collaboration with the Jamaica Chamber of Commerce and the Private Sector Organisation of Jamaica. Golding said his committee to review existing legislation, headed by Justice Hugh Small, expects to submit a report in February 2008. While he could not commit to the enactment of all the committee’s recommendations, Golding indicated that once they were consistent with the Government’s fundamental position, they would be pursued. At the same time, the Prime Minister said that with more freedom, the press will have more responsibility, and media managers and owners must ensure that measures were in place to prevent abuse. In the run-up to the election, the media had been caught in the middle as the two main political parties intensified their campaigning. Both the PAJ, representing media workers, and the MAJ, representing media owners, raised concerns about “inflammatory” statements by the leadership ● of both parties. T he twin-island nation at the southern end of the Caribbean island chain has one of the strongest economies in the region thanks to its abundance of natural energy resources – it is a major exporter of oil and gas. he country’s three main daily newspapers – Trinidad and Tobago Express, Newsday, and he Trinidad Guardian – are widely read. A large number of radio stations provide a variety of programming, revolving around the staple fare of news, phone-ins, sport and music. In November, the BBC Caribbean Service joined an already crowded field – there are 36 radio stations – when it launched its FM frequency service. In terms of media freedom, a major issue of contention remains the authorities’ interventions in the context of simmering ethnic tensions In terms of media freedom, a major issue of contention remains the authorities’ interventions in the context of simmering ethnic tensions. Trinidad and Tobago has a population of 1.3 million, of which the African and East Indian communities account for 39 and 40 percent respectively. In January, the ruling People’s National Movement (PNM), which is generally supported by Afro-Trinidadians, was heavily criticised for the action taken against the television operator and commentator, Inshan Ishmael. At the end of 2006, Ishmael, the owner of the Islamic Broadcasting Network (IBN), emerged as one of the leaders of a protest movement against the government’s failure to deal with soaring crime rates and a spate of high-profile kidnappings. In January, the movement announced a shut-down of businesses and schools as a way of registering public dissatisfaction. In the build-up to the protest, the state-run Trinidad and Tobago Telecommunications Authority (TATT) blocked the broadcast of Ishmael’s controversial television programme. hen, on January 24, the day before the work-stoppage, Ishmael was arrested by armed police. He was charged the following day with distributing a handbill without the name and address of the printer and publisher, but was later charged under the Anti-Terrorism Act. he Association of Caribbean Media Workers’ Wesley Gibbings stated his belief that Ishmael has been punished for his utterances, “in clear contravention of his right to free expression.” Gibbings referred to concerns about the recent passage of anti-terrorism legislation, suggesting that his fear that the legislation would be used to stifle dissent and silence voices of protest was proving well-founded. he leader of the recently-formed Congress of the People party, Wilson Dookeran, also denounced the arrest as a “deliberate move to stifle freedom of the media.” In March, the Director of Public Prosecutions stated that he had decided against a prosecution and that the charges against Ishmael had been dropped. General elections were held on 5 November, with the PNM winning 26 seats and the main opposition party, the United National Congress (UNC), securing the remaining 15. he Congress of the People party polled 22 percent of the votes cast, but did not win any seats. ● World Press Freedom Review 108 2007 Asian Freedom is not the Freedom of Dissenters Asia As almost everywhere in the world, corruption is a plague in Asia. However, exposing it there has become one of the most dangerous professions. Attacks against journalists reporting on corruption have become a daily reality in Asia. Impunity is the rule. Death watch region (19) I n the words of Rosa Luxemburg, “Freedom is always the freedom of the dissenters.” Not in Asia, however, where dissent is mostly punished, often with jail. In the great majority of Asian countries, those who express opinions or expose facts dissenting from the government’s line are generally criminalised on charges of “inciting subversion of state power” or “spreading state secrets”. Indeed press freedom is, at least in theory, recognised throughout Asia as a fundamental right, and constitutions as well as heads of states of some of the most repressive countries, from China to Pakistan, from Sri Lanka to Vietnam, pledge to respect it. While this shows a great victory for the universality of human rights, the reality is sadly less bright. Emergency regulations in countries such as Bangladesh, Burma, Pakistan or Sri Lanka have provided their governments with extraordinary powers to suppress any information they deem threatening. At the same time, some of the strongest corporations and governments around the world have chosen to turn a blind eye to the human rights violations committed by one of the world’s leading economies: China. Elsewhere, undemocratically elected governments in hailand, Burma, Laos or North Korea rule according to their undemocratic principles. Criticism is not accepted. Participation greatly discouraged. Asia also hosts some older and some newer democracies, where citizens freely express their opinions and their dissent, showing great awareness of their fundamental rights. Here, in some cases, the harassment takes different faces: in Japan journalists are sued, in The Philippines they are shot at. What remains is Hong Kong: neither a country, nor a province; not a democracy, but with one of the deepest democratic traditions in the world. In the city-island, editors have been struggling for their independence to report on issues that might go against the business interests of their newspapers’ proprietors. At the same time a less-than-independent commission has declared the death penalty to Radio Television Hong Kong, widely known for its struggle to keep its editorial independence despite being funded by the government. As almost everywhere in the world, corruption is a plague in Asia. However, exposing it there has become one of the most dangerous professions. Attacks against journalists reporting on corruption have become a daily reality in Asia. Impunity is the rule. Emergency regulations have provided governments with extraordinary powers to suppress any information they deem threatening he Philippines, one of the Asian countries with the freest press, has also been leading in the number of journalists killed in connection with their exposure of corruption and other illegal activities. In a long awaited development, in June this year, President Gloria Macapagal Arroyo told journalists she would put an end to the killing of journalists; her government also started a police task force to investigate the deaths of journalists, something IPI and other press freedom advocates around the world have been urging the president to do for many years. While this is a step in the right direction, the culture 2007 World Press Freedom Review of impunity will be difficult to eradicate in he Philippines, where, for the over 50 journalists killed since Arroyo took power in 2001, only three convictions have been made. In Bangladesh, a country where, similarly to the Philippines, journalists have generally enjoyed the freedom to report on illegal activities and criminals have enjoyed the freedom to murder them with impunity, the situation has further degenerated this year following the January imposition of a state of emergency. his has given the authorities almost unrestricted powers to limit freedom of expression. Impunity is a problem also in Pakistan, where Musharaff ’s government, amid a growing challenge to its rule, has introduced rules and regulations giving ever more powers to the authorities to censor news and confiscate broadcasting and printing material. Criticism is not accepted. Participation greatly discouraged Civil conflicts have made Afghanistan, Sri Lanka and Nepal dangerous places for journalists, who continue to find themselves targeted as a consequence of power struggles between various political groups. Besides the danger of being caught in the crossfire during the armed conflicts, journalists are also specifically targeted whenever they are perceived to be supporting the “other” side. As in international wars, also in civil conflicts are journalists and media outlets being increasingly considered as valid military targets. Journalists’ civil status is seldom acknowledged, their impartiality on principle, independently from their reports, is still a widely unaccepted concept. he big hope that the 2008 Beijing Olympics might bring about political liberalisation and respect of human rights in China has almost completely vanished after developments in 2007 showed to which extent China intends to keep its promises. China’s promise in its 2001 bid to the Olympic Committee that “the world media will enjoy full freedom to report on all aspects of China, if the Olympic Games are held in Beijing” has eventually boiled down to the 1 January introduction of new rules granting only foreign journalists the ability to cover China’s “political, economic, social and cultural matters” and to travel without needing government permission. he year end statement by the Foreign Correspondent Club of China reporting on over 180 cases of foreign journalists being obstructed in their work by China’s authorities shows the discrepancy between words and facts. As in international wars, also in civil conflicts are journalists and media outlets being increasingly considered as valid military targets While indeed disturbing, the harassment of foreign journalists in China is not even comparable to the harassment of Chinese journalists, who face great limitations and dangers while carrying out their profession. he censorship system within the state television and newspapers is so tight that only very seldom can controversial news be published, and journalists who look for alternative ways, mostly the Internet, to distribute information and opinions are regularly punished. he old theory, already proclaimed by Mao Tse Tung and often repeated throughout the recent Chinese history, most recently this year by Beijing’s authorities, of “harshly penalising one person in order to […] frighten many more into submission” is still popular today in China, and jail terms against dissidents are mostly long ones. At year’s end, at least 30 journalists and 50 cyber-dissidents were reported jailed in China. As almost everywhere in the world, corruption is a plague in Asia. However, exposing it there has become one of the most dangerous professions. Attacks against journalists reporting on corruption have become a daily reality in Asia. Impunity is the rule he Asian CIS countries – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan – continue to host some of the most repressive governments in Asia, all of which came to power in elections deemed undemocratic by international observers. 109 Media and journalists in these countries have to work in equally undemocratic conditions: the state owns the great majority of radio and television stations, and directly controls through licensing all newspapers and private radio stations. State ownership of printing facilities provides the state with a further instrument to control distribution of information. And access to the Internet is not only extremely expensive but also greatly limited and controlled. he killing of Uzbek journalist Alisher Saipov in Kyrgyzstan, as well as the arrest of journalists Janshid Karimov and Ulugbek Khaidarov, widely believed to be two of the very few remaining independent journalists in Uzbekistan, sent a shocking message to independent and investigative journalists in Central Asia and well show the dangers journalists face in this region. By Barbara Trionfi World Press Freedom Review 110 2007 Afghanistan Death watch country (2) By Malcolm North S ix press workers, including three journalists, a radio producer, a television producer and one media worker were murdered in the course of their duties this year. Taliban extremists beheaded journalist-interpreter Ajmal Naqshbandi and driver Sayed Agha after abducting them in Helmand province in March. Journalist Daniele Mastrogiacomo, reporting for Italian daily La Repubblica, was also abducted but later released when President Hamid Karzai negotiated with the Taliban to exchange five of their prisoners. Taliban murdered Naqshbandi and Agha soon after their capture but kept Mastrogiacomo as a pawn for political leverage to secure freedom for their fighters. Although the press should enjoy broad privileges protecting freedoms, Afghan journalists are continually harassed, attacked and murdered IFJ condemned the murders as “cynical and sickening brutality” and warned that negotiating with terrorist extremists who kidnap journalists will encourage targeting of foreign media teams working in Afghanistan. “If deals are done which free foreigners while locals are butchered, it puts a price on the head of any media person from abroad working in Afghanistan,” said an IFJ representative. Besides media, other foreign workers in Afghanistan are consistently targeted. Aid workers Cyd Mizell and Muhammad Abdul Hadi from the Asia Rural Life Development Foundation (ARLD) were abducted late January and apparently murdered. ARLD said information released to them was reliable even though the deaths remain unconfirmed. In June, guerillas attacked and murdered radio producer Zakia Zaki in her bedroom while she slept. Colleagues reported that her home near Kabul was attacked around midnight by gunmen who shot Zaki seven times before escaping. Her six children were left unharmed and her husband, who was absent at the time of the murder, sur- A relative cries as he carries the body of Ajmal Naqshbandi, the Afghan translator of an Italian reporter kidnapped last... (Goran Tomasevic / Reuters) vives her. Zaki founded independent station Sada-i-Sulh (Peace Radio) in 2001 and was linked to US-based Internews, which also sustained repeated attacks to several of its stations. Sada-i-Sulh covered women’s issues, human rights and education. As a Parwan District representative for the national tribal assembly, Zaki also covered local politics and was often critical of warlords. Shortly before her murder, Zaki was warned to shut Sada-i-Sulh down. And for several years she endured death threats from warlords hostile to her leadership and the political views her station carried. Although the press should enjoy broad privileges protecting freedoms, Afghan journalists are continually harassed, attacked and murdered. Women are especially targeted when they acquire professional or prominent status. Another woman murdered in her home was 22-year-old reporter Shokiba Sanga Amaaj, presenter for Pashtu-language Shamshad Television. Amaaj was repeatedly harassed and threatened because she “has an education and a professional skill,” said IFJ. ‘She was a prominent media figure in a milieu that remains hostile to working women.” Shortly after their deaths, a third woman, Farida Nekzad, editor for the independent news agency Pajhwok, received phone calls and emails warning her she will get the same treatment as Zaki and Amaaj. On 28 December, Abdul Munir, producer for Radio Television Afghanistan (RTA) in Jawzjan, was killed during an attack on his bus while en-route to the capital Mazar-e-Sharif. Gunmen shelled the bus around 2.30am in the morning during a surprise attack a few kilometers outside the capital. Munir sustained fatal gunshot wounds and died before he could reach hospital. Attackers chased and fired shots at Ali Asghar Akbarzada, producer for Afghanistan Radio Television (ART) as he drove home. He was targeted for airing sensitive material about criminal activity and corruption by government officials on his programme, Ayna-e-Share (City Mirror) but escaped unharmed. Ongoing concern over the state of press freedom persists with the case of 23-yearold student-journalist Sayed Parwez Kambakhsh. he reporter for Jahan-e Naw was arrested in October for distributing articles critical of the lack of rights for Moslem women. In January he was charged with blasphemy and sentenced to death. he move has outraged human rights and freedom advocacy groups. “his is a shocking confirmation of intolerance and a lack of respect for free speech,” said Aidan White, IFJ General Secretary. He condemned 2007 World Press Freedom Review 111 attack on a journalist going about his daily work, such violence holds back media freedom and the public’s right to information,” she said. Kamran Mir Hazar, editor for a popular news portal in Kabul and reporter for Salam Watandar (Hello Citizen) Radio, was abducted by gunmen working under the authority of the Afghanistan National Security Directorate (ANSD). Witnesses recount how Hazar was “threatened and coerced” before being forced into a car and taken away. In June, guerillas attacked and murdered radio producer Zakia Zaki in her bedroom while she slept File photo of correspondent Carsten Thomassen from the Norwegian newspaper Dagbladet (Scanpix Norway / Reuters) the sentence, which ignores Afghanistan’s own constitution that states, “freedom of expression shall be inviolable” and “every Afghan shall have the right to express thoughts through speech, writing and illustrations” Expression advocates and human rights groups lobbying for his release are still waiting to hear if President Karzai will overturn the sentence. Advocates remain hopeful in spite of Karzai’s comment to let the Sharia court that judged him “do its job.” Clearly, journalism and freedom of speech remain in serious jeopardy in a country that does not protect its media or ensure an environment of independent reporting. Journalists and media workers are continually, threatened, attacked, kidnapped and used as bargaining pawns in the politically instable region. Television reporter Qasim Rahimi, covering the Taliban-Korean hostage crisis for Ariana TV, was assaulted while attempting to cover the negotiations for the hostages’ release. Security officials stopped Rahimi’s car, beat him and confiscated his equipment without a word of explanation. “he Korean hostage crisis is an important issue which has received global attention. It is a disgrace that Afghan security officials would disrupt the public’s access to vital information,” IFJ Asia-Pacific Director Jacqueline Park said. “As well as a physical Enquiries into Hazar’s disappearance by the Afghan Independent Journalists’ Association (AIJA) and the Committee to Protect Afghan Journalists (CPAJ) have met with uncooperative claims from ANSD denying any involvement in the attack. Hazar had earlier been detained for several days one month earlier by ANSD following his critical reports of government officials. Editor of Peace Jirga magazine, Mohammad Asif Nang, was detained for two weeks for an article that upset President Karzai over its criticism of government. Al-Jazeera’s international programming was banned by Minister Abdul Karim Khurram for not being “sufficiently Islamic” during Mawlid (Mohamed’s birthday). Advocacy groups condemned the move as groundless and inappropriate. “he ban is obviously part of a wider drive by elements in the government trying to stifle any dissident voice it does not like,” said an RSF spokesman. Al-Jazeera’s international programming was banned by Minister Abdul Karim Khurram for not being “sufficiently Islamic” Afghanistan also remains dangerous and difficult for foreign nationals attempting to gather news for international agencies. Two weeks into the new year, Norwegian reporter Carsten homassen, covering the foreign minister’s visit for Oslo daily Dag- bladet, was murdered during a Taliban attack on his hotel in Kabul. He was one of six people killed during the attack. French correspondent Claire Billet working for Hamsa Press Agency was arrested by NATO’s International Security Assistance Force (ISAF) and interrogated by U.S. army for four hours for filming near ISAF headquarters in Kabul. hough Billet was accredited by ISAF she had her footage and press credentials confiscated. “Afghan and foreign journalists are already working in extremely difficult conditions without the international forces adding to their problems,” said RSF, who called for Billet’s reinstatement with full credentials. One cameraman, Charles Dubois for Radio-Canada lost a leg and two more journalists were injured following a roadside bomb attack while covering a military ● confrontation with Taliban forces. World Press Freedom Review 112 2007 Bangladesh T his year was probably one of the worst in Bangladesh’s recent history. At year’s end, the state of emergency imposed in January had yet to be lifted, and the two former prime ministers and leaders of Bangladesh’s main parties, Khaleda Zia and Sheikh Hasina, were in custody charged with extorting money during their time in government. In a country that has long been one of the most dangerous for journalists, and yet one where journalists have the courage to expose crime and corruption despite the continuous threats and attacks, the emergency rule has placed even greater restraints on the media and further restricted its ability to report. he year started with a political crisis due to the escalating tension and widespread violence in the run up to the 22 January parliamentary elections. On 11 January, Bangladesh President Iajuddin Ahmed, who had assumed the role of caretaker after the end of Premier Khaleda Zia’s term, imposed the state of emergency in an attempt to put to a halt to the ongoing violent protests in the country. Ahmed also decided to postpone the elections, following the Awami League party’s decision to boycott the polls. he Bangladeshi government’s Press Information Department gave instructions to all broadcasting stations to suspend all news and current affair programmes and broadcast solely the news bulletins issued by the government television station BTV Fakhruddin Ahmed took over as head of the interim caretaker administration, with the responsibility of preparing the country for the elections, currently scheduled for the end of 2008. Immediately after the imposition of the state of emergency, the Bangladeshi government’s Press Information Department gave instructions to all broadcasting stations to suspend all news and current affair programmes and broadcast solely the news bulletins issued by the government television station BTV. he print media were also given instructions not to criticise the interim government. Local news outlets reported that, in the days following the imposition of the emergency powers, although all private broadcasting stations followed the instructions to censor news given by the government, many newspapers refused to accept such restrictions. In recent years, Bangladesh’s media and journalists suffered all manner of attacks and harassments, some at the hand of security forces; however, up until early 2007, the government had generally refrained from imposing censorship. During the night of 11 to 12 January, the authorities restricted journalists’ ability to move freely in Bangladesh’s capital Dhaka, which was placed under curfew. his was done in disregard to the media’s “emergency service” status, which should allow them to circulate in any circumstances. After two days of news blackout, radio and television stations were allowed to broadcast news again, however, with a “request” to report factually, especially on political issues. In the following week, editors and journalists in Bangladesh campaigned with the interim government, demanding that it take a clear standing in favour of press freedom and opposing censorship . he information ministry eventually informed journalists that “there was no ban on reporting but the media should play its part in the crusade the interim administration is undertaking, sensibly and responsibly,” according to a report issued by the Bangladesh Centre for Development, Journalism and Communication (BCDJC). Despite this assurance, the Emergency Powers Rules themselves give the government sweeping powers to ban reports on sensitive political issues, to seize printed material and confiscate broadcast equipment, and, most worryingly, foresee even longer prisons terms for violations. here were numerous attacks against journalists this year in Bangladesh. In many cases journalists were arrested in connection with reports exposing corruption and accused of extortion, a charge often used in Bangladesh to justify politically motivated detentions. he infamous Rapid Action Battalion (RAB), an anticrime and antiterrorism group frequently accused of carrying out torture and extrajudicial killings, has also been responsible for much of the violence against journalists. his was the case during the detention of Jahangir Alam Akash, the head of two human rights NGOs as well as of the Rajshahi office of the independent TV station CBS News, known for its reports on issues related to human rights and the political use of torture. RAB agents arrested Akash on the night of 24 October in the northwestern city of Rajshahi. In May, Akash produced a television report alleging that RAB agents had shot a man offering no resistance, at his home and in front of his family. Furthermore, on 20 June a powerful local businessman, Mahfuzul Alam Loton, accused him of extorting money from him, after Akash had reported on Loton’s illegal activities. he journalist was charged with extortion. Journalists were arrested in connection with reports exposing corruption and accused of extortion, a charge often used in Bangladesh to justify politically motivated detentions After a month in detention, Akash was released on bail. He stated publicly that RAB agents tortured him with electric shocks, beatings on the soles of his feet with a stick and suspending him from the ceiling with his hands tied, according to news reports. While Akash’s case is disturbing, it is not unique. Attacks against journalists, politically motivated detentions and even torture are commonplace in Bangladesh. hese cases, thoroughly reported by courageous local organisations such as BCDJC, are seldom resolved by Bangladeshi authorities. Even the 6 March killing of Jamal Uddin, a correspondent of the Dainik Giri Darpan daily, as well as ABAS news agency, has remained unpunished. Uddin went missing from his home in Kathaltala on 5 March. His body was found the next day, with a rope tied around his neck. His neck was reportedly broken and he had multiple injuries on his body. Uddin was sent to hospital for an autopsy, and the report issued by the hospital only 12 days later stated that Uddin committed suicide. However, this did not seem plausible, neither to those close to Uddin, nor to members of 2007 World Press Freedom Review 113 Burma Rangamati Press Club, who firmly believe that he was killed because of his work. Also disturbing was the 21 March arrest of Asaduzzaman Tipu, a Daily Star correspondent in the northwestern city of Nilphamari. He was brought before court on 27 March and charged with extortion, in connection with a 17 March Daily Star report about a fertiliser crisis. he fertiliser dealer, whose photo appeared on the Daily Star and who officially filed the case against Tipu, denied having filed such case. Tipu was granted bail on 27 March. On 10 May, Daily Star journalist and CNN stringer, Tasneem Khalil, was picked up from his home in the night by security forces, and released 24 hours later. Police also took his two computers and mobile phone. Khalil, a well-known investigative journalist, who has published several reports on official corruption, was working on Human Rights Watch’s (HRW) report on extrajudicial killings in Bangladesh. In September, IPI protested the jailing of a freelance journalist and cartoonist in Bangladesh and the suspension of the satirical magazine Aalpin. for 30 days. he authorities also requested Aalpin to suspend publication until the matter was resolved. Aalpin resumed publication following a formal apology from the editor of Prothom Alo. Bangladeshi authorities have never been known for respecting press freedom, and attacks against journalists have long been a daily reality in Bangladesh. However, the new emergency powers rules have given almost unrestricted power to the authorities to carry out such attacks and limit freedom of expression. Contrastingly, while the interim government in Bangladesh has declared its war on corruption, it should be aware that a free media is instrumental in that fight. Supporting the media’s and journalists’ ability to work, rather than hindering it, would be an effective tool for the government to achieve these stated goals. ● Death watch country (1) T elevision viewers all over the world watched images of Burma’s “saffron revolution” in August and September this year, when thousands of Buddhist monks and nuns, together with their supporters, took to the streets of Rangoon and other parts of Burma to protest against the policies of one of the world’s most repressive military dictatorships. While the whole world followed these demonstrations and many protested in sympathy for the Burmese cause, only few are likely to have realised the cost that could be incurred by those recording those images and smuggling them out of the country to appear on our television screens; Indeed, Burma’s military junta forbids the distribution of any information or opinions that could in any way be perceived as critical Attacks against journalists, politically motivated detentions and even torture are commonplace in Bangladesh On 17 September, Aalpin, a weekly magazine of the leading Bengali daily Prothom Alo, published a cartoon showing a small boy calling his cat “Mohammad Biral” (“Mohammad Cat”). he cartoon triggered protests by the Muslim community in Bangladesh. Islamists and Imams from different mosques called for a street protest against the cartoon, stating that it was a deliberate attempt to ridicule Islam’s Prophet Mohammad and insult devout Muslims. On 19 September, police broke up a street march by hundreds of Islamists in the Bangladesh capital Dhaka, who were demanding “death to the Prothom Alo editor” and “hang the cartoonist.” he publication of the cartoon and the consequent protests led to the arrest of the cartoonist, Arifur Rahman, on 18 September, for deliberately insulting Islam and seeking to provoke violence and disrupt peace in the country. On 19 September, Rahman was sent to Dhaka Central Jail President of the Cambodian Center for Human Rights walks during march in Phnom Penh Chor Sokunthea / Reuters of the government, show its weaknesses or encourage protests against its policies. In line with this, the junta made ruthless efforts to suppress not only this peaceful protest, but also the distribution of any information and pictures around it. Japanese AFP photojournalist Kenji Nagai was shot dead by a Burmese soldier while attempting to capture pictures of a street protest. It is also possible that other journalists were among the dozens of victims of the military’s brutal repression World Press Freedom Review 114 2007 service went through pictures and films taken during the protests to identify journalists and activists to hunt them down. According to RSF, at least 15 journalists were arrested since the beginning of the clampdown. Some were later released and six journalists were still imprisoned at the end of 2007, while others had to flee the country and some were forced to resign. Kampuchea Krom Buddhist monks shout during a protest in Phnom Penh Chor Sokunthea / Reuters Nagai of APF tries to take photographs as he lies injured Adrees Latif / Reuters of the peaceful movement. Indeed, many were captured and imprisoned. he difficulty of collecting accurate information from this most secretive state makes it impossible to know how many people really fell victim to the violent clampdown on the protesters. Burma’s official sources say that between nine and 15 people died during the crackdown; local journalists say, however, that around 200 civilians died. he number of people detained during the crackdown probably exceeds 1,500. A sudden hike in fuel prices on 15 August triggered the street protests among a population not only forced to live in great poverty because of their repressive government, but desperate to see an end to the injustices perpetrated by the military junta. hese year’s protests were the largest since 1988, when the junta violently crushed a popular movement reportedly killing thousands of students, monks, and civilians. The images of Kenji Nagai, who, the junta alleges, was caught in the crossfire, laying on the street and apparently being shot at by a soldier while holding his camera, are shocking evidence of the brutality used by Burma’s military to suppress information. Even more disturbing is that not even these images, followed by strong pressure from the Japanese government and the UN, were enough to obtain official condemnation of the perpetrator of such criminal act from Burma’s government. During the junta’s repression of the peaceful saffron revolution, the flow of information both within Burma and with the outside was limited to governmentcontrolled sources. he military persecuted anybody who attempted to collect information during the street protests and their clampdown, as well as in the aftermath. Even in the months following the end of the protests, members of the security Burma’s military junta forbids the distribution of any information or opinions that could in any way be perceived as critical of the government, show its weaknesses or encourage protests against its policies During the military crackdown on the protests, the government managed to block almost all forms of communication. On 20 August, one day after the protests began, some Rangoon-based editors were called in for interrogation by police, Mizzima News Agency reported. And on 23 September, according to the exiled Burma Media Association (BMA), Major Tint Swe, the director of the Press Scrutiny and Registration Division, summoned journalists and editors and warned them off from participating in the anti-junta protests that were gaining momentum by the day. he outcome was that, while newspapers all over the world ran stories about the protests taking place in Burma, newspapers within the country were almost completely unable to report on them. Shortly after the beginning of the protests in mid-August, the government blocked websites and disconnected telephone lines belonging to activists and representatives of the opposition party, the National League for Democracy. his censorship escalated and, eventually, the junta completely shut down any access to the Internet during daytime, making it accessible only during the curfew hours of 10pm to 4am. However, since almost nobody in Burma has Internet access from home, this made it practically impossible for anybody to access and distribute information through the Internet. At one point, Burmese citizens who had fled the country were the only source of information about events going on within. By the year’s end, 2007 World Press Freedom Review 115 the Internet was still either very slow or working only occasionally, and many websites remained blocked. While the clampdown on the peaceful protests exacerbated the situation, censorship in Burma was already among the strictest in the world. According to the exile-based Burmese Mizzima News Agency, there are unwritten rules imposed by the military junta since the 1962 coup d’état. While newspapers all over the world ran stories about the protests taking place in Burma, newspapers within the country were almost completely unable to report on them First of all, “the government does not want controversial subjects to be discussed among the public. herefore, it censors such items as ‘not newsworthy’.” Furthermore, “the Office of Scrutiny does not engage in dialogue with any public or private organisation over published items.” Finally, “critical thinking about Burma is ignored by the government, [which] continues to suppress the growth of private news publications, while claiming that it has granted more journal publishing licenses. But this increase in licensure is measured in quantity, not quality,” Mizzima stated. The news agency also noticed that “criticism of private journals is still widespread and the quality of reporting in many [private publications] falls far short of the public’s expectations. However, this is not necessarily due to the performance of journalists working with the publications concerned, but rather heavy censorship of the government’s Office of Press Scrutiny.” Reports about issues of public interest are also very often censored. In July this year, the junta imposed restrictions on media coverage of the National Convention on the drafting of the Constitution. Burma has been without a Constitution since 1988, when its 1974 Charter was suspended following a coup led by a new junta regime. Mizzima News Agency was awarded the IPI Free Media Pioneer Award in May 2007 in recognition of its efforts to inform the world of human rights viola- Nagai of APF lies injured after police and military oficials ired upon and then charged at protesters in Phnom Penh‘s city centre Adrees Latif / Reuters tions and other events taking place within Burma. Mizzima News Agency, as well as some other exile-based news outlets, such as he Irrawaddy newspaper, the BMA and Radio Free Burma are among the very few sources of accurate information on Burma. hese organisations, and their stringers inside the country, face grave danger in in● forming the world about events. Japanese video journalist Kenji Nagai falls to the ground after police and military oficials ired upon and then charge... Reuters TV / Reuters World Press Freedom Review 116 2007 Cambodia By Malcolm North R eporters attempting to expose government corruption over illegal deforestation have been threatened, harassed, banned and lost their jobs. Some have been attacked, received death threats or had their houses firebombed. At least one journalist has fled the country and forced into hiding. Authorities have helped the flagrant illegal logging to become a pandemic problem in Cambodia by silencing those reporting the corruption and turning a blind eye to their oppression. Journalist with Chbas Kar newspaper, Phan Phat received death threats shortly before his house was set on fire while he and his family were inside sleeping. He had reported on illegal logging in the Bakan district that authorities had banned from publication. French language daily Cambodge Soir fired news editor Soren Seelow for publishing logging reports and then moved to shut down the entire newspaper and its staff of 30 media personnel. Existing press laws are there for show and often ignored Environmental watchdog Global Witness first issued the investigative report linking officials close to the Prime Minister Hun Sen with illegal logging. he report was quickly banned and media were warned against publishing or making known the report’s findings. Radio Free Asia reporter Lem Pichpisey (also known by broadcast pseudonym Lem Piseth) ignored the ban and subsequently received death threats and eventually forced to flee to neighbouring hailand in fear for his life. He is the third reporter to flee the country in the last 24 months. Other RFA reporters have been singled out for restrictions and are prohibited access to general news events by Hun Sen bodyguards. RFA reporter Keo Nimol went into hiding this May after Hun Sen attacked his straightforward question over coalition parties. he prime minister intimidated Keo, publicly dismissing him as insolent and rude for posing questions at a press conference. he prime minister’s brother Hun Neng, who is linked to illegal logging, threatened any Global Witness staffers daring to set foot in Cambodia, saying he would ‘beat them on the head until it broke.’ A new magazine Free Press Magazine headed by editor-in-chief and former RFA reporter Lem Piseth was seized and banned for allegedly carrying anti-monarchy content and challenging the king’s inviolable status. Lem Piseth and distribution director Heu Chantha went into hiding fearing reprisal. Existing press laws are there for show and often ignored. The Khmer Amatak newspaper was suspended for a month for refusing to re-print the Deputy Prime Minister Nhiek Bun Chhay’s version of a news item. Nhiek chose suspending the license over scrutiny through legal channels under existing Press Laws. While Cambodia banned imprisonment for defamation in 2006 and totally decriminalised it as an offence in 2007, in reality authorities still maximise vague and broad constitutional provisions under the guise of protecting ‘public order and national security’. A journalist can be imprisoned for up to five years and/or be fined up to US$2,500 under the broadly worded Law on Disinformation. While press freedom advocates have hailed Cambodia’s journalists for their brave reporting of government corruption and human rights abuses, they have had to pay a high price. IFJ President Christopher Warren said, “he prime minister is only undermining the principles of democracy by attempting to discredit and silence those who question the power structures.” Hun Sen’s authoritarian control comes at the expense of an intimidated and fearful press. hough media have rights to access information, authorities rarely recognise them, allowing parliament to meet and keep their business secret. Journalist with Chbas Kar newspaper, Phan Phat received death threats shortly before his house was set on fire while he and his family were inside sleeping Press freedoms and human rights provisions gained through legal process appear to be little more than a smokescreen to pacify international donors and secure their aid, which accounts for almost half of the national budget. Human Rights Watch Asia director Brad Adams has criticized the annual funding by international donors as ‘an empty ritual’ since their conditions for aid are repeatedly ignored. “Hun Sen continues to run circles around donors, making the same empty promises every year and laughing all the way to the bank,” he said. Adams believes donors could be a major agent of change if they would demand promises made since 1993 were met. “It is time for a clear and unambiguous signal to be sent to the government. Donors should make it clear that they can no longer accept previously unmet promises,” he said. ● 2007 World Press Freedom Review 117 People’s Republic of China Death watch country (1) E ver since the 2008 Summer Olympic Games were awarded to China in 2001, monitors have expressed hope that such a high profile international event will be able to pressurise China into respecting human rights. As the events inaugural ceremonies approach, however, observers have realised that China has simply found symbolic ways of implementing the promised for respect for press freedom and other basic rights, while the reality remains one of repression. Despite the introduction of new rules on 1 January 2007 that supposedly grant foreign journalists working in China the ability to cover China’s “political, economic, social and cultural matters” and to travel without the government’s permission, at year’s end, the Foreign Correspondent Club of China stated that it received more than 180 reports of foreign journalists being obstructed in their work. he incidents included threats, physical violence, harassment, the destruction of journalists’ equipment, interrogation and visa refusals. Only very seldom can controversial news be published, and journalists who look for alternative ways, mostly via the Internet, to distribute information of public interest or simply to express an opinion, are regularly punished In the broader media environment, the censorship system within the state television and newspapers is so tight that only very seldom can controversial news be published, and journalists who look for alternative ways, mostly via the Internet, to distribute information of public interest or simply to express an opinion, are regularly punished. Bloggers continue to be jailed on charges of “inciting subversion of state power” or “spreading state secrets”, while the Chinese government is looking into all possible ways to control the Internet. hroughout 2007, China has witnessed some of the same repressive patterns that IPI has recorded in previous years. Chi- nese journalists, Bloggers, human rights activists and dissidents were harassed this year in the run up to and during the 17th Congress of the Chinese Communist Party in October; the government started yet another campaign to restrict press freedom, this time under the pretext of fighting “false news” and “illegal news coverage,” and blog service providers had to sign yet another “self-discipline pact” that requires Bloggers to register with their real name, otherwise the blog administrator will be responsible for any “illegal” content published. he probably fabricated report about cardboard-filled dumplings, which led to the one-year sentence handed down to Beijing TV journalist Zi Beijia who reported it, shows the pressures under which journalists in China are forced to work. hese pressures routinely include censorship, low wages and limited professional training. In a statement that summarises the attitude of the Chinese authorities, Yu Hongyuan, the deputy bureau chief of the Beijing Public Security Bureau and the Beijing Olympics Security Protection Centre’s commander-in-chief, in an internal March speech, advocated “harshly penalising one person in order to […] frighten many more into submission” with the purpose of ensuring the success of the Communist Party Congress, the Olympic Games, and the 60th anniversary celebrations of the People’s Republic of China in 2009, Human Rights Watch (HRW) reported. HRW also pointed out that the campaign against “false news” was justified on 15 August by Liu Binjie, director of Zhao Yan is greeted by friends and relatives after release from prison in Beijing Claro Cortes / Reuters China’s official General Administration of Press and Publications, as essential to “a healthy and harmonious environment for a successful 17th Party Congress.” Besides Zi Beijia, at least eight other journalists and Bloggers have been imprisoned or sentenced this year in connection with their writings. Writer Zhang Jianhong (pen name Li Hong) was convicted on 19 March of “subversion against the state” and “defaming the Chinese government” for articles posted online between May and September 2006. Zhang has been detained since 6 September 2006. he six-year sentence handed down to Zhang was upheld by the High People’s Court of Zhejiang Province on 21 May. As part of the purge of human rights and pro-democracy activists in the run up to the Communist Party Congress and the Olympic Games, Zhu Yufu was arrested in April 2004 and sentenced to two years in prison on 16 July for pushing a police officer at the time of his arrest. Zhu had been released in 2006 after spending seven years in prison. After his release, he publicly stated that he would not stop fighting for democracy in China. Qi Chonghuai was arrested at his home in the eastern Shandong province on 25 June. According to reports, Qi was initially accused of “deception” for allegedly misrepresenting himself as a journalist, but was later charged with “blackmailing” on 118 2 August. Qi, who is held at the Detention Centre of Tengzhou City, was arrested in connection with a June posting on the forum of Xinhua Net alleging corruption in the Tengzhou Communist Party. A certain “Baizhantang123” posted photographs on the forum showing the luxurious Tengzhou city government office building, at a time when central governmental campaign had been launched to clampdown on the waste of public funds on luxurious government building in China. Baizhantang123 was later identified as freelance photographer Ma Shiping, Qi’s friend and allegedly work colleague. Ma was arrested on 16 June in connection with the same article and Qi explicitly announced that Ma’s arrest was in connection with the pictures posted on the Xinhua’s forum. Qi was allegedly beaten by police while in custody. While it is not confirmed that Baizhantang123, who posted the photos, is really Ma, a person at the advertising department of Tengzhou Daily News, who used to be Ma’s supervisor, was reported as saying that “Ma will write what real reporters don’t dare to and he has the courage to speak the truth.” Qi has been a journalist for 13 years and has worked for various publications, such as the Shangdong Zhoukan (“Shandon Weekly”), the Renmin Gong’an Bao (“People’s Public Security News”), the Zhongguo Anquan Shengchan Bao (“China Safety News”), and as director of the Fazhi Zaobao (“Legal System Morning News”). He is known for his reporting on corruption and social injustice in Shangdong province. Human rights and environmental activist and blogger, Hu Jia, was arrested on 27 December from at home on charges of “subverting state power.” At the year’s end, his whereabouts remained unknown Freelance writer Lu Gengsong was detained on 24 August and subsequently charged with “inciting subversion of state power.” Lu is author of a book, “Corruption in the Communist Party of China,” published in Hong Kong. Recently he published reports on foreign websites covering human rights abuses, corruption, World Press Freedom Review land expropriation, and organised crime. Lu is also a political activist and a member of the banned China Democracy Party. he day before he was arrested, he attended and reported on the trial of fellow human rights activist Yang Yunbiao, who received a two-year sentence for protesting forced eviction and demolition of homes. On 16 August, a court in the southeastern province of Zhejiang imposed a fouryear prison sentence on cyber-dissident Chen Shuqing for posting articles critical of the government on the Internet, RSF reported. he long arm of the Chinese government reaches even the remotest regions under its control Human rights and environmental activist and blogger, Hu Jia, was arrested on 27 December from at home on charges of “subverting state power.” At the year’s end, his whereabouts remained unknown. Hu and his wife Zeng Jinyan, who is also an activist and a blogger, had been under a form of house arrest since 18 May, RSF reported. Bloggers who write for the Chinese foreign based Boxun website have often been targeted in recent years. Most recently, Sun Lin (pen name Jie Mu) was arrested on 30 May in the eastern city of Nanjing after criticising the abuse of authority on Boxun. In December, a hacker’s attack against the Boxun website forced many blogs off the air. Earlier in the year, the foreign-based website www.64tianwang.com launched by activist Huang Qi after his release from prison in 2005 and exposing human rights abuses in China, was also forced off the air by hackers’ attacks. he case against Yahoo! Initiated by the families of Chinese Bloggers Shi Tao and Wang Xiaoning, imprisoned in China as a consequence of information released by Yahoo! to China’s authorities, eventually led to the public apology by Yahoo! CEO, Jerry Yang, as well as its vice-president and senior counsel, Michael Callahan, during a US congressional hearing. Wang Xiaoning was convicted in September 2003 of charges of “incitement to subvert state power” after he posted electronic journals in a Yahoo! group calling for democratic reform. 2007 Journalist and poet Shi Tao was arrested on 24 November 2004 and convicted in April 2005 of “illegally divulging state secrets abroad” for providing foreign-based web sites with the text of an internal message propaganda authorities had sent to his newspaper, the daily Dangdai Shang Bao, containing instructions to journalists about coverage of the 15th anniversary of the Tiananmen Square crackdown. Both Wang and Shi are serving 10-year sentences. he long arm of the Chinese government reaches even the remotest regions under its control. In Tibet, Runggye Adak was detained on 1 August for publicly calling for the return of His Holiness the Dalai Lama and for the release of the Panchen Lama and Tenzin Delek Rinpoche. Runggye Adak was later sentenced to eight year imprisonment for “inciting to split the country,” while Runggye Adak’s nephew, Adak Lupoe and Tibetan art teacher and musician Kunkhyen were sentenced to ten and nine years respectively for attempting to send pictures and information to “overseas organizations,” which was believed to “endanger national security.” A fourth Tibetan, Jarib Lothog, was sentenced to three years in prison linked to the same case. Indeed, some journalists were also released from prison in China this year, including New York Times journalist Zhao Yan, released in September upon completing his three-year sentence. At the end of 2007, at least 30 journalists and 50 cyberdissidents are reported jailed in China. ● 2007 World Press Freedom Review 119 Hong Kong T here is perhaps no region in the world where press freedom is so closely monitored as in Hong Kong. Ever since Hong Kong’s handover to China in 1997, there have been great fears that press freedom, and civil liberties in general, may be curtailed as a consequence of the territory’s closer relationship to China. Indeed, the Hong Kong Journalists Association’s (HKJA) analysis of the situation ten years after the handover actually shows that, despite constant monitoring and engagement by Hong Kong’s civil society to retain their rights, the territory’s media is today less able to report independently on issues of public concern. IPI believes that Hong Kong is witnessing a slow but steady erosion of press freedom, to which various factors have contributed his point of view is not shared by representatives of Hong Kong’s government. Joseph Wong, Secretary for Commerce, Industry and Technology of HKSAR government, was reported by China’s Xinhua news agency as saying that independent surveys carried out by the University of Hong Kong have rated press freedom and freedom of speech in Hong Kong higher in January 2007 than in August 1997, right after the handover. “We have one of the freest societies in the world,” Wong said. “hese freedoms did not leave us when Hong Kong became a Special Administrative Region of China in 1997.” While Hong Kong’s government has its own good reasons to reassure people on this issue, IPI believes that Hong Kong is witnessing a slow but steady erosion of press freedom, to which various factors have contributed. On one hand, even if freedom of expression continues to be protected under HK’s Basic Law after HK’s handover to China, Beijing’s interpretation of the “one country, two systems” model has prevented the implementation of many democratic reforms, eventually creating a sense of frustration among Hong Kong’s democracy-oriented citizens. Indeed the two post-handover HK’s Chief Executives, appointed by the Beijing-backed Election Committee, have not cared to oppose Chinese interference in the territory’s affairs. Quite the oppo- site, they have made sure that the last British-appointed HK governor, Chris Patten, was also the last governor who campaigned to introduce universal suffrage for the election of the territory’s legislators and Chief Executive. A further obstacle to Hong Kong’s democratisation is represented by the interpretation, issued by the standing committee of the National People’s Congress in 2004, of clauses of Hong Kong’s Basic Law determining how its leaders and lawmakers will be chosen. his interpretation, which effectively rules out any real say for Hong Kong people, has given Beijing not only the right to veto any proposed electoral change, but also the authority to put off political reforms for as long as it likes. While Beijing’s direct interference in Hong Kong’s affairs has influenced the media’s ability to report freely, an even more worrying trend is represented by limitations on media content as a consequence of the publishers and advertisers business interests in the mainland. According to two separate surveys, carried out in 2007 respectively by Lingnan University and Hong Kong University Public Opinion Programme, 58 per cent of journalists in HK believe that the press freedom situation has worsened since 1997, and 29 per cent of journalists said they practiced self-censorship, withholding news stories and opinions worthy of publication. he HKJA said that the most common cases of self-censorship are related either to issues that Beijing regards as sensitive and that put it in a bad light, or to news and opinions unfavourable to media owners or companies that provide advertising revenues to media outlets. However, studies show that press freedom is only very seldom a concern for advertisers, and Hong Kong’s Apple Daily, known for its controversial editorial standing and for being one of the few Hong Kong newspapers that continues to boldly criticise Beijing, is also Hong Kong’s second most successful newspaper. Kin-ming Liu, general manager of Apple Daily, was reported as saying, “Controversy sells newspapers. People will only pick up a paper if it’s interesting. he market has rewarded us by making us one of the most profitable titles in Hong Kong.” Indeed the greatest challenge and danger for Hong Kong’s journalists is that of reporting about the mainland and, most of all, from the mainland. Here journal- ists are affected directly by Beijing’s harsh criminalisation of free speech and do not enjoy the same privileges foreign journalists enjoy in China. he five-year sentence for spying imposed by Beijing on Hong Kong journalists Ching Cheong stands as evidence of such danger. Ching Cheong, who was working for Singapore’s Straight Times, was arrested in 2005, tried behind closed doors and convicted in 2006 for revealing state secrets after writing some innocuous articles for a Taiwanese think tank. It is however believed that Ching’s jailing is connected to his attempts to find transcripts of interviews with ousted former leader Zhao Ziyang, who spent 15 years under house arrest for opposing the military action at Tiananmen Square in 1989. In January 2008, two days before the Chinese lunar New Year, Ching Cheong was released on parole, after over 1,000 days in detention. As Doreen Weisenhaus points out in her book “Hong Kong Media Law: A Guide for Journalists and Media Professionals”, which includes a chapter highlighting the risks of reporting from mainland China, the main problem is that the Chinese media system allows everything to be categorised as a “state secret.” Furthermore, any document can be retrospectively classified as secret, which basically provides the evidence to jail any journalist. Journalists are affected directly by Beijing’s harsh criminalisation of free speech Weisenhaus’ book also highlights loopholes in Hong Kong’s legal system and its lack of protection for press freedom, compared to some Western democracies. For example, Hong Kong’s Code on Access to Information is not only not statutory, but is full of exemptions, allowing for Hong Kong’s government to be secretive. One of the most important issues discussed this year in Hong Kong was related to the future of Radio Television Hong Kong (RTHK). RTHK is widely known for its editorial independence; however, the television station is directly funded by Hong Kong’s government. For years there have been calls for the transformation of RTHK into a real publicly funded public service broadcaster. World Press Freedom Review 120 2007 Japan However, in March 2007, a report by the Review Committee on Public Service Broadcasting, appointed by Hong Kong’s government, recommended that a new public service broadcaster be set up in Hong Kong, instead of transforming RTHK into one. he Review Committee said that the reason for this recommendation was that the current status and structure of RTHK as an arm of the government is incompatible with any new role as an independent public broadcaster. While the release of this report raised an international outcry, in Hong Kong, Emily Lau, a prominent pro-democracy member of Hong Kong’s Legislative Council (Legco), criticised the composition of the Review Committee, saying that none of the committee’s members were experts in public broadcasting. Mak Yin-ting, who worked as radio reporter for RTHK for 13 years and chaired the HKJA, said that editorial independence is at stake in RTHK and the situation has deteriorated to an ● extent that goes beyond her baseline. By Andrew Horvat W hile in most countries, freedom of the press issues involve tensions between the media and the government, in Japan the pressure against reporting all the facts comes from a variety of sources – corporations, politicians, extremists, and on occasion, other journalists. he weapon of choice in recent years for those with thin skins in high places is the massive libel suit, usually directed against a much weaker party, such as a freelance journalist or a small scale monthly run on a shoe-string budget. Elsewhere this kind of abuse of the legal system is known as a SLAPP, an acronym for Strategic Lawsuit against Public Participation. But unlike in the U.S., where 25 states have already enacted laws to protect free speech against SLAPPs, in Japan courts continue to hear such suits and lawmakers show no interest in introducing anti-SLAPP legislation. Given the very high costs of legal fees in Japan and the inordinate length of court cases, only mass-circulation publications or high profile individuals can defend themselves against SLAPP style nuisance suits. he purpose of a SLAPP suit is not to win the case but to drain opponents financially and to intimidate future critics Strange as it may seem, most high profile SLAPP suits in Japan have ended in failure for the parties that launched them. hat fact, however, has not deterred other well-heeled plaintiffs from using SLAPPs to intimidate their critics. his should not come as a surprise since the purpose of a SLAPP suit is not to win the case but to drain opponents financially and to intimidate future critics. he risk, therefore, to independent journalists of becoming a target of a SLAPP in Japan remains high. At the time of writing, freelance writer Hiro Ugaya is awaiting a ruling by the Tokyo District Court in a US$500,000 libel case begun in late 2006 by Oricon, publisher of the Japanese equivalent of the Billboard pop charts. Oricon alleges that Ugaya caused damage to the reputation of its charts in statements he made to an editor of Cyzo, a monthly magazine. his case is considered by Japanese journalists to be a particularly significant challenge to free speech, as the suit is directed not against a writer or a publisher but an individual who agreed to be quoted in the media. It is a widely held view that if the lawsuit is successful, it will be difficult for Japanese journalists to obtain opinions, since anyone talking to the press will risk being “SLAPPed.” It is reported that even if Ugaya wins his case, he will be saddled with about US$70,000 in legal fees, a huge burden for a freelance music critic. Atsushi Yamada, senior reporter at the Asahi Shimbun, a leading national daily, has been more fortunate than Ugaya. Charges of defamation and “causing mental anguish” brought against Yamada by three aides of former Prime Minister Shinzo Abe were dropped in February of this year as part of an out of court settlement. he three aides had demanded US$330,000, including US$100,000 each for mental anguish that they claimed they suffered as a result of a statement Yamada made on a popular TV program in March 2007. he statement had alleged that the reason a scandal-tainted securities firm was able to avoid having its shares delisted from the Tokyo Stock Exchange was because a senior officer of the firm had good connections with the prime minister’s office. he Yamada case was similar to that of Ugaya in that the suit was launched against a reporter and not at the large media organisation with which he was affiliated. Although Yamada made the statement on a program aired by Asahi Television, closely connected to the Asahi newspaper, neither the paper nor the TV network were named as defendants. On hearing that the three aides had dropped their request either for an apology or for payment for mental anguish, Yamada told a news conference, “I would like to know the name of the hospital that can cure someone of US$100,000 worth of psychological suffering so quickly.” One reason why the aides may have sought an alternative way out of the situations was that the Yamada case had become a cause célèbre, attracting the support of highly respected media professionals. It also became known that Yamada’s lawyer, who had experience in winning previous SLAPP cases, had agreed to charge Yamada only a modest fee. Far from facing ruin, Yamada had acquired a support group with its own website, and a reputation as a champion of free speech. 2007 World Press Freedom Review 121 Kyrgyzstan Another reason for Yamada’s success may be that he belongs to Japan’s media elite. Many of Japan’s unaffiliated journalists work in a murky environment where small magazines with questionable circulation figures often make far more money not publishing articles than publishing them. It is therefore very difficult for outsiders to know for certain if a corporation is reasonably retaliating against a shakedown artist posing as a journalist, or if a lone crusader for ethical commercial conduct is being silenced by means of a lawsuit. In a celebrated dispute involving the Takefuji Corporation, which had initiated a number of SLAPP suits, both the chairman of the corporation and its whistleblower ended up facing criminal charges. here was, however, very little that was murky about the absence of legal protection for the Japan Teacher’ Federation, which had to cancel its annual convention at a Tokyo hotel last year due to harassment from ultra right-wing organisations. Although initially agreeing to rent its facilities to the teachers, the hotel backed out of the deal claiming that the clamour caused by the right-wing groups would disturb other guests. Members of rightwing groups, who accuse the teachers of being communists and blame them for a long list of social ills, have made a practice of gathering outside wherever the teachers hold their conventions and blaring World War II martial music over loudspeakers mounted on trucks and buses. he hotel’s decision to ignore a court ruling ordering it to honour its contractual commitments to the teachers’ union is seen as yet another example of the stifling of free speech by extremist organisations. Two years ago, a member of a right-wing group burned down the home of a former cabinet minister who had publicly opposed the former prime minister, Junichiro Koizumi’s, annual visits to a controversial shrine where the souls of 14 Class A war criminals including the wartime prime minister, Hideki Tojo, are consecrated. here were no disputes in 2007 with regard to Japan’s exclusive press clubs, which had been the target of criticism both at home and abroad for keeping out foreign and non-establishment Japanese journalists. Although the clubs continue to limit membership to representatives of major domestic media, almost all of the press conferences managed by the clubs are now ● open to foreign reporters. Death watch country (1) K yrgyzstan sent mixed messages this year with regard to the country’s democratisation process. Conflicts within the newly elected leadership, reports of electoral flaws, a worsening security situation and doubts as to whether the new government represents a genuine break from the previous administration have led analysts to believe that democracy in Kyrgyzstan is still far to reach. In particular, media coverage of the 16 December parliamentary election campaigns was severely biased. Opposition parties faced difficulties purchasing airtime the Andijan massacre by Uzbek troops. Kyrgyzstan capital Bishkek remains a very dangerous place for journalists. Kayrat Birimkulov, a journalist with Kyrgyz state television, was assaulted by two men in Bishkek on 16 March. Before the attack, the TV station had received threatening phone calls warning it to stop an investigation Birimkulov was conducting into allegations of corruption in the state-owned Kyrgyz Railways. In a separate incident, Daniyar Isanov, a news presenter with Bishkek-based television NTS, known for its political standing close to the opposition, was attacked and beaten on 27 March by four men in Bishkek, and had to be taken to hospital with severe facial injuries. His assailant A protester ties black ribbons on a fence of Interior Ministry building in Bishkek Vladimir Pirogov / Reuters and generally getting access to the media. Attacks against journalists are common in Kyrgyzstan, both against representatives of media outlets close to the government as well as of those close to the opposition. he 24 October killing of journalist Alisher Saipov sent a shocking message to critical journalists in Kyrgyzstan and showed the dangers journalists face in Central Asia. A member of the country’s ethnic Uzbek minority, Saipov was the founder of the Uzbek-language Siyosat (“Politics”) newspaper, a periodical that focused on political affairs in neighbouring Uzbekistan. He was shot dead by an unknown gunman when he was leaving his office in the southern Kyrgyz city of Osh. Saipov was one of Central Asia’s most outspoken journalists. He critically reported on torture in Uzbekistan’s prisons, the clamp down on dissent in Uzbekistan as well as the plight of Uzbek refugees living in Kyrgyzstan, many as a consequence of made it clear the assault was in connection with his work with NTS. On 31 March, Talantbek Sopuev, a journalist with the opposition TV station September, was beaten by a mob in connection with a report he had recently produced critical of a pro-government rally in the southern city of Jalalabad. Reporters were assaulted during the 11-19 April opposition rallies in Bishkek, which were marked by heavy-handed police tactics and confiscation and closure of some media outlets by government officials. Journalist Aziz Egemberdiev, with the on-line news agency www.24.kg, was severely beaten while phoning in a report to his editors. He to be hospitalised due to concussion. On the evening of 19 April, Kyrgyz security forces raided a newspaper facility in Bishkek, the Media Support Centre Foundation, which hosts the only independent printing press in the country and is where World Press Freedom Review 122 2007 Laos opposition newspapers were printed. hey confiscated the print-runs and the printing plates of four newspapers – Agym, Kyrgyz Ruhu, Apta, and Aykyn – and demanded that the newspapers’ electronic files be deleted. Kyrgyz security officers at the site said the raid was in response to the opposition rallies. TV stations also received an official order from the prosecutor’s office to hand over video recordings of the rallies. Impunity is a great problem in Kyrgyzstan, where, according to the Bureau for Human Rights and the Rule of Law in Bishkek, no one has been brought to trial for a physical attack or murder of a journalist in the past 15 years. While these attacks are disturbing, the Kyrgyz government has shown some intention to promote press freedom in the country. Tursunbek Akun, who chairs the presidential Human Rights Commission and is overseeing investigations into the attacks on Sopuev, Birimkulov and Isanov, mentioned proposals to scrap those articles of the Criminal Code, which criminalise libel and insult of public officials. he proposal to remove articles on libel and insult from the Criminal Code has reportedly already been approved by the Kyrgyz Parliament. After all amendments to the Criminal Code are agreed by Parliament, they will be forwarded to the President for approval. In another positive development, on 25 March, Kyrgyz President Kurmanbek Bakiyev withdrew an objection to the draft law “On setting up public television”. his will allow for the set up of a public broadcaster in Kyrgyzstan. However, the government has also taken steps to pass restrictive legislation. On 3 May, ironically on press freedom day, the government promulgated a new law, with the purpose of forcing webmasters to comply with official state registration procedures. In late April, a bill drafted by Alisher Sabirov, deputy of the Jogorku Kenesh (national parliament of Kyrgyzstan), was submitted for parliamentary review. he proposed Bill would amend the media law in order to classify websites distributing “mass information” as media outlets. his would force websites to conform to state registration rules and therefore impose great restrictions on their content and on freedom of expression in Kyrgyzstan. he Internet has so far remained the only place where people in Kyrgyzstan can ex● press their opinions freely. By Malcolm North G raphic images and eyewitness accounts of the tortured, raped and murdered Hmong minority hiding in the jungles of Laos were broadcasted this year by a U.S. independent filmmaker. Rebecca Sommer gathered footage in Laos and bordering hailand, and then broadcast her documentary online creating global awareness of the gruesome genocide. And this in a country with a government that censors all media operations, forbids the documenting of the ethnic group’s plight and seems intent on hiding their situation from the eyes of the world. Laos has had a difficult history of arbitrary arrests and imprisonment of media personnel without fair trial on the shallow basis of reporting anti-state sentiments that cast President Sayasone or his government in a bad light. Hmong nationals hao Moua and Pa Phue Khang were previously sentenced to 12 and 20 years imprisonment for helping a foreign documentary crew report on the oppression of Hmong nationals. While the film crew has since been released through international pressure, the Hmong helpers remain in detention. Prisoner of conscience and author hongpaseuth Keuakoun, who lobbied for democratic reform through reports and his participation in a pro-democracy group, was imprisoned for 20 years in 2002. One woman tells of a sister who was mutilated, raped, and of a sister-in-law burned to death in her hut Sommers’s documentary, “Hunted Like Animals”, is graphic evidence of human rights violations against thousands of Hmong running from militia in the mountain jungles of north Laos. Initially created as an insider film for U.N. and government sources, it was pieced together by actual footage of jungle hideouts and interviews of escaped refugees. “One woman tells of a sister who was mutilated, raped, and of a sister-in-law burned to death in her hut” said Sommers. hough the documentary was first aired on YouTube earlier this year and receives over 60,000 hits every month, Laotian officials have reportedly denied the acts of genocide and repression inflicted on Hmong fugitives. “It’s only a rumour – there are no people living in the jungle,” said the Laotian Ambassador to the U.S, Phiane Philakone, speaking to an investigative reporter from the Sacramento Bee. State censorship of all print and broadcast media has meant updated knowledge of human rights and freedom violations remain unreported unless documentaries such as Sommer’s film are gathered and published by foreign media and broadcasted on public domains. Knowledge of human rights and freedom violations remain unreported he communist People’s Revolutionary Party (PPRL) has ruled Laos since 1975. General Choummaly Sayasone has been president since June 2006 and has consistently censored media, routing all information through the authorised central news agency, Khaosan Pathet Lao (KPL), to further state propaganda. Foreign press have been repeatedly denied access and forbidden to independently gather and report information. Sayasone was this year listed as a major predator of Press Freedom by RSF, saying in a report these “predators of press freedom have the power to censor, imprison, kidnap, torture and…murder journalists.” The repressive government has consistently resisted human rights & freedom initiatives of global organisations in urging reform and conforming to international law and resolutions. Media personnel are required to deny basic press freedoms and only report and broadcast propaganda suitable to the party line. Press independence is non-existent in spite of government claims that all media enjoy freedom of expression and high social status. In spite of signing a UN human rights covenant in 2000, in what amounts to an illusory promise, Laos has repeatedly defied international scrutiny and sanctions. A 2001 covenant drafted by the government and the Lao Journalists’ Association to provide licensing stipulations, source protection for journalists and allow media privatisation was never ratified and adds to the illusion that Laos is about to reform. Two major events hosted by Laos in recent years, the tenth summit of ASEAN in 2004 and the 38th ASEAN Ministerial Meeting in 2005, were potential opportunities for Laos to open to international scrutiny. Instead, authorities restricted 2007 World Press Freedom Review 123 Malaysia access and reporting privileges to the immediate concerns of the events while freedoms to cover political or human right abuses were denied. In May this year, hai officials were deliberating the repatriation of Hmong refugees detained in appalling conditions in their refugee camps. Human Rights Watch sources believe approximately 8000 fleeing Hmong have sought asylum in two hai prison camps. Media personnel and human rights groups have been denied access to the camps to report on the cramped and unhealthy conditions. Sommer’s film covertly taken from courageous refugees is an important exposé, refuting government denials of their human rights abuses. ● By Malcolm North rime Minister Abdullah Ahmad Badawi has kept his promise to “regularly intercede” on media with harassment, pressure and censorship to maintain and tighten state control. Shortly after his statement announcing crackdowns on the press, the government censored the internationally circulated he Economist for an article on Asian Moslems. he article was completely removed from local copies of he Economist for “contravening Islamic teaching.” hough Malaysia is an Islamic state, it has a secular constitution and is a signatory to the Universal Declaration of Human Rights. he government seems to have reneged on its “open and accountable” policy announced in the 1996 Bill of Guarantees, and has instead increased attacks and censorship on the press and human freedoms. barred from reporting on crime hearings, harassed over licenses to operate, and have risked prosecution for not revealing sources. Reporters were verbally and physically assaulted while covering Machap by-elections in April. Journalists P. Malayandi and R. Malini lodged police reports that they were punched and shoved by members of the Malaysian Indian Congress (MIC) and were prevented from taking pictures of fighting between supporters of the ruling Barisan National Coalition and the Democratic Action Party. Another Tamil-language newspaper, Makkal Osai, which has been critical of the MIC in the past, had its operations shut down for a month and its permit suspended for publishing a picture that associated Jesus with cigarettes and beer. he MIC owns a rival paper and appealed to the Internal Security Ministry to have the Makkal Osai censored. Government pressure has included harassment, threats, unlawful arrests, physical and verbal attacks, outright bans, restrictions on the flow of information, censorship, equipment seizure and civil suits against press agencies and their personnel. Photojournalist R. Raman was beaten into a coma in connection to articles he wrote for a Tamil-language daily, Malaysian Nanban, which highlighted school closure and government failure in local education programs. His colleague, M. Nagarajan, received death threats warning him to stop writing or “face the same consequences as his colleague in a coma” reported the Centre for Independent Journalism (CIJ). In other violations, Journalists have been Minority and political rights activists, together with the journalists that report on them, experience violations of their freedom of access to information, assembly and expression, all of which are guaranteed rights under Article 10 of the federal constitution. Police used chemical-laced water bombs and tear gas in a violent crackdown of 40,000 protestors demonstrating for electoral reform during the coalition for clean and fair elections (BERSIH) rally, while two people suffered bullet wounds from Police actions during a BERSIH information rally held in September. Nine people were arrested for their participation in the International Human Rights Day and 12 more were arrested for organising P Member of ruling coalition party wave their party lag during the by-election nomination day in Malacca state Zainal Abd Halim / Reuters World Press Freedom Review 124 A protester holds a mock-up of a prison door as another protester recites prayers during a rally in Kuala Lumpur Bazuki Muhammad / Reuters or participating separate rallies calling for government reform. Over 100 Hindus Rights Action Force (HINDRAF) members were arrested for ‘sedition’ or ‘illegal assembly’ and deterred without trial during November rallies. Ministry of Internal Security, headed by Prime Minister Badawi, prohibited journalists from reporting rallies and protests freely. Al Jeezara representatives were attacked for live reports on police violence during BERSIH rallies while twenty press freedom and human rights delegates were arrested after attending the Malaysian Parliament for a proposed constitutional amendment to electoral law. Among those arrested were Executive Director of CIJ, Gayathry Venkiteswaran and Wong Chin Huat, chair of the Writers Alliance for Writers Independence. Parties can invoke buried clauses in the Printing Presses and Publications Act to censor press that could be considered negative In spite of Article 10 provisions, government agencies or ruling political parties can invoke buried clauses in the Printing Presses and Publications Act to censor press that could be considered negative or damaging. Under this act, the Ministry of Internal Security and the Ministry of Information have freedom to violate Article 10 rights through bans, closures and censorships, which further exacerbate self-censorship. Media who publish views contrary to Badawi’s government are tightly monitored and violators face severe retaliation as the government hides behind draconian laws and the Sedition Act to maximise its hold on media. he National Censorship Board banned documentaries, films, books and television shows because they portrayed a different slant on official history, news or provided an alternative religious viewpoint. Bans and embargoes were slapped on offending media on the basis that they upset public harmony and “pose a threat to public safety,” according to the Deputy Internal Security Minister Fu Ah Kiow. Tsai Ming Liang’s documentary “I Don’t Want to Sleep Alone” was banned for showing poverty, social dilemmas and ugly areas of Kuala Lumpur, challenging governmental tourism campaigns. he talk show Sensasi, which was aired by private station TV3, was banned for an “inappropriate comment” made about one of the prophet Muhammad’s wives by the Malaysian Communications and Multimedia Commission. Included in the numerous banned books are a translation of Charles Darwin’s “Origin of Species” for advocating an alternative religious view, and K. Arumugam’s “March 8” – an historical account of a 2001 racial divide in Kampung Medan, which killed six people and injured 40 more. he government further “whitewashes history” by forbidding research on Kampung Medan to be published, reported the CIJ. Online journalists and Bloggers, who often attract wider readership than the mainstream Malaysian media, were highly targeted this year. hey have been monitored, roughed up, arrested and have faced civil lawsuits. In a move to better censor online journalists, the government has drafted a forced registration bill to help subject Bloggers to existing laws currently used to control media. Bloggers can then be arrested and detained without trial and face sedition charges for writing anything that is considered negative, critical or harmful to social peace. Using the state 2007 run New Straits Times as his mouthpiece, Badawi has attacked Bloggers critical of his government as “liars” and for disseminating disharmony, chaos and seditious material. He has had two popular social and political writers, Jeff Ooi and Ahiruddin Bin Attan, charged with defamation in lawsuits. Online journalist Raja Petra Kamarudin who founded the Malaysia Today news portal was detained and interrogated for eight hours for his articles that were “critical of Islam,” and comments that readers had posted to his articles. “What you post in the comments section may get me sent to jail,” he wrote after his arrest. Two journalists, who wrote critical columns for the New Strait Times, had their contracts terminated in August. Zainah Anwar’s last article focused on press freedom while Amir Muhammad had written articles challenging the accepted government line. Muhammad’s articles, which he simultaneously published in his private blog, showed that the New Straits Times version was heavily censored. Muhammad would invite his readers to “spot the difference” between what he wrote and what the New Straits Times published. Online journalists and Bloggers, who often attract wider readership than the mainstream Malaysian media, were highly targeted this year Media ownership of the Malaysian mainstream press is concentrated in government or ruling party UMNO (United Malays National Organisation) leaders. Media Prima, which is the largest publishing group, owns the New Straits Times, Berita Harian, Maly Mail, Harian Metro and the Shin Min Daily News, as well as four television stations. Media Prima has well documented links to government and UMNO leadership. Also linked to the UMNO is businessman Tiong Hiew King who owns all four Chinese-language dailies Sin Chew Daily, Nanyang Siang Pau, Guangming Daily and the Chinese Press. If Malaysia continues to ignore recommendations to revamp its press freedoms and communication rights commensurate with international standards the future seems bleak for reform in that country. ● 2007 World Press Freedom Review 125 Maldives By Malcolm North H opes for media reform through the long-awaited Maldives Bill on Freedom of the Press were crushed when the Bill was thrown out of parliament through insufficient support in late November. he Bill was part of a Freedom of Information Bill that was supposedly “crucial to protecting a free media in the Maldives,” though independent media had condemned the draft as “inadequate and draconian.” Since the draft was tabled in February 2006, independent analysts have criticised the Bill for vague clauses that afford greater freedom for government control while muzzling independent media and its right to report freely without fear of reprisal or intimidation. Earlier, an international press freedom mission to the Maldives had urged immediate revision of the draft law to reflect international standards, but efforts were to no avail. he mission found that continued forms of harassment, intimidation and imprisonment existed, and urged the government to heed its promise of reforms including measures to decriminalise defamation and deregulate broadcasting licenses. Analysts have criticised the Bill for vague clauses that afford greater freedom for government control while muzzling independent media Executive Director of the London-based Article 19 press freedom organisation, Dr Agnès Callamard, said the original draft “will only serve to further undermine the development of the media and protection of the right to freedom of expression (…). It is absolutely essential that a Press Law is adopted in line with international standards and that it is upheld by the Maldivian government.” hough all voting members of the Special Majlis had copies of the analysis, they ignored pleas for reform and instead voted to remove several clauses guaranteeing press freedoms, citing grounds of incompatibility with Islamic principles. Currently, the law forbids statements “inconsistent with the tenets of Islam,” including those that might threaten the “sovereignty of the nation” and statements deemed as a challenge to the “main- 18 Aug 2007. Maldivian president Abdul Gayoom casts his vote at a polling station in Male. tenance of public peace.” Article 12 of the draft allows government censorship through confiscation of publications that are broadly judged to be “media crime.” To date, several Minivan Daily journalists have been prosecuted for publishing articles under current regulations. Minivan is the only independent newspaper. Current or former government members own the other three newspapers. While the state reduced charges against the paper’s editor Aminath Najeeb and dropped those against deputy Nazim Sattar, controversy still surrounds the life sentencing of journalist Fahala Saeed over drug charges. Many believe the charges to be politically motivated reprisal for Fahala’s critical government report and condemn the deportation and suspension for two years of a US journalist writing for Minivan as “an attack on press freedom.” As a concession to the failed November Bill, Information Minister Mohamed Nasheed promised a presidential decree to grant immediate access to information and that a new Freedom of Information and Broadcast bill would be redrafted and tabled in March 2008. “he Bill will follow international standards, requiring proactive disclosure from the Government,” Nasheed said. Earlier Nasheed reportedly criticised Article 19 as a partisan group that lobbied for extreme freedoms without recognition of local needs. “Everything they say cannot be fitted into our society. hey have published their report based on their own views,” he said. The opposition appears unconvinced at the government’s promised reforms. “While the government has verbalised a commitment to press freedom on many occasions, there is minimal evidence to date that legislators have taken any concrete steps to protect journalists,” said a Minivan News report. Under the country’s “immovable” president Maumoon Abdul Gayoom, whose autocratic rule has persisted for 29 years, betterment to the high number in human rights abuses has been slow. Maldives was listed as a major violator by a U.K. Conservative Party Human Rights Group in its annual report last December. Among the violations were torture, religious persecution and discrimination, plus the unfair detention of people with differing political or religious beliefs. he human rights report also cited a corrupt election process, and restricted freedom of speech, press and assembly. Maldives’ Chief of Police Adam Zahir has come under special mention by watchdog NGOs for his well-known victimisation of prisoners under his watch. “I personally saw Zahir electrocuting prisoners and urinating on their heads” said one former prisoner speaking to Minivan News. “He personally beat me very severely on numerous occasions whilst I was in jail.” Among the violations were torture, religious persecution and discrimination, plus the unfair detention of people with differing political or religious beliefs. he human rights report also cited a corrupt election process, and restricted freedom of speech, press and assembly A U.S. government report earlier this year also underlined Gayoom’s failure to deliver on promised changes to press reform, citing political oppression to press, suspiciously fraudulent charges against journalists and blocking political expression on the internet of the pro-opposition Dhivehi Observer. A Times Online article described how Gayoom lives in a luxurious but heavily guarded palace “away from his people who he does not trust” they are forced to live in squalid conditions in the capital and are banned from the tourist island resorts. ● World Press Freedom Review 126 2007 Nepal Death watch country (1) I n January, representatives of the Maoist insurgents took up their seats in the Nepalese interim government, giving fresh hopes that the 12-year old civil conflict that destabilised the country was now firmly in the past. However, less than eight months later, on 18 September, the Maoists left the government in protest again, citing the non-fulfilment of their demands, in particular with regard to the abolishment of the Nepalese monarchy. Nepal’s Prime Minister Girija Prasad Koirala, however, stated that abolishing the monarchy and declaring a republic through the interim Parliament would lack legitimacy. The Constituent Assembly elections, which were the centrepiece of the November 2006 Comprehensive Peace Agreement with the Maoists, have been repeatedly postponed from the earlier date of 20 June 2007, and are currently scheduled for April 2008. However, there are fears that they might be further postponed, as a consequence of the CPN-Maoists’ refusal to take part in the elections under the current conditions. he Constituent Assembly will have the task of drafting the new Constitution and therewith deciding on the fate of the monarchy, a highly controversial issue in Nepal. In the wider media environment, some of the old problems persist and the widespread disrespect for press freedom continues to affects journalists and media outlets he Interim Constitution, which entered into force on 15 January 2007, gave hope, as it seemed to bind the Maoist insurgents into the peace process. Nevertheless, it has not been without its critics. In its own 5 March review of the Interim Constitution, the London-based press freedom organisation, Article 19, said that guarantees of freedom of expression were subject to limitations and prior forms of censorship were embedded in the text. While the end of the civil conflict, as well as the 18 July unanimous approval by the Legislature-Parliament of the Right to Information Act, have been important de- velopments, in the wider media environment, some of the old problems persist and the widespread disrespect for press freedom continues to affects journalists and media outlets. Journalists face threats and violence from a range of different actors, including police, members of political parties, armed groups, the military and strikers. Representatives of the Maoist insurgency have also issued threats as well as kidnapped and even murdered journalists. Two journalists were killed in Nepal in September and October 2007, and one in January 2008. Furthermore, the location of journalist Prakash Singh hakuri has been unknown since July. Only one murder case, namely that of Birendra Shah, Bara district correspondent for Nepal FM, the weekly Dristi and Avenues TV, was resolved by police, following strong local and international pressure. Investigations have shown that a local Maoist cadre ordered the killing. Shah had written various articles critical of the Maoists. A report of the Maoist committee investigating the killing of Shah states that the journalist was abducted on 5 October on the instructions of Lal Bahadur Chaudhary, Bara district committee member and area leader of the Maoist party. Maoist cadres Kundan Faujdar and Ram Yekbal Sahani helped Chaudhary abduct Shah and later shot him to death. On 14 September, the body of Shankar Panthi, a correspondent of the local proMaoist Naya Satta Daily in the western district of Nawalparasi, was found on the side of the road. he journalist was on his way back from covering the destruction of 19 April 2007. A Bhutanese refugee rests inside the Timai refugee camp in Nepal. Desmond Boylan / Reuters an office of the Young Communist League (YCL). Police said the journalist died as a consequence of an accident, when he was knocked off his bicycle by a vehicle, and a bus driver was arrested in connection with Panthi’s death. However, the suspicious nature of Panthi’s death sparked a wave of protest, and the Association of Revolutionary Journalists called for thorough investigations to rule out a murder of the journalist in connection with his work. hroughout 2007, IPI has repeatedly expressed concern about the press freedom violations taking place in the country Prakash Singh hakuri, editor and publisher of the royalist newspaper Aajako Samachar, went missing in the western town of Mahendranagar on 5 July. hree days later, a group calling itself the National Republican Army of Nepal said it was behind the kidnapping and it had killed the journalist because of his articles in support of King Gyanendra. According to reports, hakuri’s wife informed the police that Maoist cadre member Pomlal Sharma had inquired about him on the morning of 5 July. his was confirmed by Sharma, who also told the police that a YCL mem- 2007 World Press Freedom Review ber known as “Dilip” took hakuri away. However Maoists denied any involvement in hakuri’s killing. On 12 January 2008, Pushkar Bahadur Shrestha, editor of the local newspaper Highway Weekly, published in Birgunj, was shot to death. A man who identified himself as the local representative of the Janatantrik Tarai Mukti Morcha militia claimed responsibility for the murder, saying Shrestha was killed because he was a “pahadi” journalist, meaning from the hill region and not the southern plains population. hroughout 2007, IPI has repeatedly expressed concern about the press freedom violations taking place in the country, particularly as impartial and independent media coverage is essential for holding free and fair elections and promoting the democratic process. Journalists in Nepal continue to find themselves targeted as a consequence of power struggles between various political groups. On top of this, a lack of respect for press freedom by the authorities puts journalists in constant danger whenever they try to carry out their profession. his was the case when Birendra K.M., a local correspondent of Rajdhani Daily newspaper and Sagarmatha Television in the eastern district of Sunsari, was beaten by police on 6 December while covering clashes between local businessmen and police over fertilizer smuggling. According to reports, the police personnel took Birendra K.M. inside a van, removed the film roll from his camera and beat him. 127 04 Nov 2007. Journalists scufle with policemen during a protest in front of the parliament gate in Kathmandu. Gopal Chitrakar / Reuters Again in Sunsari district, on 24 November, journalist Govinda Ghimire, president of the local chapter of the Federation of Nepalese Journalists (FNJ), was abducted, beaten and threatened with death by a police official in connection with the journalist’s articles. Indeed, representatives of the CPNMaoists party have also shown great disrespect for press freedom. he killing of Birendra Shah was probably the most disturbing, but only one of many attacks against journalists by the Maoists. A reporter for Englishlanguage weekly publication Young Guys, was kidnapped by a gang of armed assailants and brutally beaten On 20 November, Maoist cadres reportedly attacked and made death threats against Pradip Kumar Mandal, a reporter for Janapriya Weekly, in the eastern Siraha district. Mandal was reporting about a street protest called by the Maoists, when representatives of the Maoist party captured him and threatened to kill him as they did to Birendra Shah. In separate cases, between 28 September and 5 November, Maoists threatened and attacked three journalists in Rukum in 18 Jun 2007. A woman attends a protest outside the Nepalese Prime Minister’s residence in Kathmandu Gopal Chitrakar / Reuters response to news published recently in the local weekly Jantidhara. Representatives of other rebel groups in Nepal have also shown little understanding of the importance of press freedom and journalists’ ability to report on issues of public concern. On 23 October, TV presenter Bhasa Sharma was attacked by a group of youths in Baglung district, in central Nepal, allegedly in connection with her recent news report about a dispute between students and teachers in the Mahendra Higher Secondary School in Sukhaura village and about corruption in the school administration. On the same day, in Nepal’s mid-western Baridaya district, Rameshowr Bohara, special correspondent for Himal Khabar Patrika, was attacked by a group of hooligans, who shouted: “He is a journalist and is acting smart.” On 13 October Radio Lumbini’s journalist Bhim Prasad Gurung was shot in the chest by an unknown group and, in a separate incident, Satya Sandesh daily’s publisher and editor Bijaya Tiwari was threatened by the revolutionary organisation Janatantrik Terai Mukti Morchha (JTMM). A JTMM cadre said he would kill Tiwari if he did not donate to JTMM. At the beginning of October, Pappu Gurung, a reporter for Abhiyan daily and the radio station Mahakali FM, and his wife were abducted from their house in 128 World Press Freedom Review 2007 North Korea the far western district of Kanchanpur by a group of people. Police and media representatives located and rescued the reporter and his wife three days after the abduction. Gurung said his abductors made threats against him and warned him that he should quit his job as a reporter. At the beginning of September, Prabhu Yadhav, a reporter for English-language weekly publication Young Guys, was kidnapped by a gang of armed assailants and brutally beaten. Yadhav managed to escape the next day. Also in September, members of JTMM attacked Young Guys’ journalist Tanak Bahadur Dalani and Gadhimai FM radio presenter Priyanka Panta, whicle YCL cadres were responsible for attacks against journalists Amrit Baskune of Naya Patrika daily and FNJ member Dinesh Shanta Baruwal, while they were on assignment. In August, IPI complained about the disruption of publication of a number of Nepalese newspapers by the All Nepal Communication, Printing and Publication Workers Union (CPPWU) as well as threats against journalists issued by the Union. In particular, the publication of the Himalayan Times and the Annapurna Post dailies was disrupted by the CPPWU, which sought to prevent distribution of the newspapers because they carried unfavourable news reports about the organisation. Similar attacks continued in September, when CPPWU prevented the printing of Kantipur Daily and he Kathmandu Post. Police were responsible for attacks against journalists in July, when the news editor of Samyantra weekly, Bhojraj Basnet, and its editor-in-chief, Ambika Bhandari, were assaulted and threatened by two police officers over an article about police corruption. he article, titled: “his is how police personnel are taking bribes,” described the illegal operations of the police in charge of Nepal’s eastern district of Belbari. In April, journalists received threats from Maoists for their reporting on clashes between the insurgents and locals at Bashmadi. On 19 April, Rameshwor Bohara, a correspondent with Himal, and Damodar Bhandari, with the daily Annapurna, were detained by Maoists in Rolpa while working. hey were released hours later. he attacks on journalists continued in March. On 9 March, Madhesi People’s Rights Forum (MPRF) attacked journalists Santosh Yadav of Rajdhani Daily and Anil Adhikari of he Blast newspaper. Ya- day suffered serious head injuries from the attack in Sunsari. here have also been attempts to hinder newspaper distribution. On 24 February, members of the haru Kalyankari Sabha political group attempted to stop the publisher, marketing manager and a journalist of the Rajbiraj Today from distributing the newspaper in the eastern district of Nepal. During late February, there were continuing problems with threats from various groups when strike organisers threatened to burn down the house of photojournalist Roshan Neupane in the central Terai district of Nepal. he journalist had been taking photographs of a scuffle between strikers and citizens in Newalpur. Neupane was warned not to publish the pictures and was followed to his house, surrounded and told his house would be raised to the ground if he disobeyed. On 2 February, officers of the Armed forces beat photojournalists Nitesh Mathema of the daily Bypass and Ram Saraf of the Annapurna Post. Some days later, individuals allegedly from the Madhesi Janatantrik Forum beat five other journalists; in Birgunj, police attacked two journalists on 6 February while covering a protest. he government in Nepal is unable to protect journalists and ensure their ability to report freely Those highlighted in this article are just some of the attacks against journalists that have been thoroughly reported and loudly condemned by Nepal-based press freedom organisations, such as FNJ and CEHURDES, as well as international organisations, such as IPI. While police, local leaders, armed groups and individuals show equal disrespect for press freedom and for the media’s important role in the democratisation process, the government in Nepal is unable to protect journalists and ensure their ability to report freely. Impunity remains the greatest hindrance to the creation of a culture of respect for press freedom. ● By Malcolm North I n spite of an appalling record of press freedom violations plus being a world leader in human rights abuses, a covert magazine with news and information gathered by North Korean citizens was launched this November in Seoul before a cheering world press delegation. he band of ten underground journalists for Rimjinkang (Rimjin River) relies on foreign press to help publish and distribute their interviews, stories and reports. he magazine is forced into its illegal status by the oppressive regime that outlaws any independent media. If the magazine or the identity of its news-gatherers is compromised in any way, contributors face severe punishment, imprisonment or even death and must write under pseudonyms. Without the brave work of illegal entities such as Rimjinkang, North Koreans would remain the most misinformed and information-starved people in the world. he abysmal record in press freedom is the work of the totalitarian regime and its leader, who controls every institution he decrees legal while persecuting those he deems negative to his own control and personality cult. Since the 1980s, North Korea has been languishing under the self-serving dictatorship of Kim Jong-Il and the secretive communist regime he leads. While his people continue to be gripped by an impoverished economy and famine, Kim consumes champagne and cognac while eating live lobsters with silver chopsticks. Poor policies, misdirected food aid, floods and an ever-burgeoning and costly military apparatus has hurt the country’s development severely. Kim routinely ignores international resolutions for basic freedoms such as information, association, movement, religion, political opposition and activism and reneges on diplomatic assurances he gives to improve conditions. Kim is under world scrutiny for his appalling record in human rights as well. Injudicious imprisonments without due process or fair trials are the norm. Prisoners have no rights; suffer under mistreatment, malnourishment, torture and executions. his happens routinely without a word from the muzzled media, as any right to cover genuine accounts of the country’s dire situation is forbidden and strictly enforced. 2007 World Press Freedom Review 10 May 2007. Pung-Mun So, a six-month-old asylum seeker from North Korea, is held by his mother after both were detained by police. Adrees Latif / Reuters Kim’s leadership is based on the notion of juche, or self-reliance, and has cut his country off from international influence. Western powers are seen as imperialists and enemies to the communist regime and its suffocating ideology. And typically, press and information freedoms, together with basic human rights are the first casualties of Kim’s totalitarian rule. He is bent on keeping and promoting his own power and control. Since 1999, Kim has been slowly replacing juche ideology with songun – a military-first policy that secures the submission and loyalty of the People’s Army by funnelling country resources and aid into a militia that analysts say thrives on black market networks of weaponstrade, drug and counterfeit money. In spite of the oppressive restrictions Kim places on his people, he has been dubbed a media junky, craving an appetite of foreign media and information. He regularly feeds on Hollywood movies, international news programs and South Korean soap operas – while forbidding his people the same right. One North Korean blogger who refuses to accept everything dished up by government broadcasts wrote, “Our leader is doing a bad job (…) we don’t have food, fuel (…) freedom (to travel) or freedom of speech. Everything they say to praise the ‘Great’ and ‘Dear’ leader is indoctrinated or done out of fear.” Anyone caught accessing independent or foreign media faces despotic reprisals or 129 08 May 2007. Defector from North Korea sits in a police station after being picked up by Thai Navy and Marine police. Adrees Latif / Reuters disappears without a trace. All information and media is tightly controlled and brutally enforced to promote the Kim cult and the party propaganda. His people are fed the deifying story of Kim’s supernatural birth under a double rainbow with glowing stars on the mystical Mount Paetku, even though Russian records show a more humble birth in Siberia during his father’s exile. he average North Korean can not receive information from the outside world without the Kim-deifying spin by the only legal media entity, the government’s own Korean Central News Agency. Every radio and television set come factory-set to Kim venerating channels that only spread party, military or dubious historical and cultural accounts. Anyone caught accessing independent or foreign media faces despotic reprisals or disappears without a trace North Koreans must rely on defectors, shortwave radio and foreign broadcasts for any accurate or balanced information, but the penalty for modifying telecommunication equipment or accessing these is dangerously high. Asia Press, the Japanese publisher of Rimjinkang, hopes to circulate the magazine inside North Korea since it is comprised of information that was first smuggled through border contacts. At its launch, Asia Press representative Jiro Ishimaru said, “As the South Korean media fought for democracy in ’87, journalism is needed in North Korea to create democracy.” Other media operations seeking to balance the propaganda of the Kim regime tell a similar story of undermining the regime while sharing a hope to better inform North Koreans. he online Dailynk. com operating from South Korea reported that the food crisis was forcing citizens to illegally cultivate private plots. “Ever since markets and private cultivation replaced the public distribution system as a means of living, it has become difficult for Kim Jong Il to maintain his role as the ‘benevolent general’ who feeds and protects his people,” said editorialist Lee Kwang Baek. he eight people operating Radio Free North Korea out of Seoul are defectors who hope to undermine Kim’s regime and “expose him as a brutal dictator” said a former North Korean military propaganda writer for the station. Media operations run by exiled interests must rely on underground contacts or displaced family for information. he U.S supported Radio Free Asia and Voice of America boosted these operations with US$4 million this year to help them continue broadcast and better provide alternative information sources for misinformed North Koreans. Without defectors, foreign assistance or underground operations bravely pushing the barriers of Kim’s regime, North Korea would continue to be a dark hole of information and press freedom. ● World Press Freedom Review 130 2007 Pakistan 07 Jun 2007. Pakistani journalists chant slogans during a rally to protest against a government crackdown on the opposition and media. Athar Hussain / Reuters Death watch country (6) I n 2007, Pakistan witnessed one of the deepest political crises since President Musharraf ’s military coup d’état of 1999, and the year-end killing of Benazir Bhutto was just the tip of the iceberg, with widespread violence escalating throughout the year. The Supreme Court, which has remained a pillar of democracy in Pakistan, often questioning the legitimacy of military rule and upholding the Constitution, collided with President Musharraf on various issues, highlighting his undemocratic attitude and eventually causing him to lose popularity. Musharraf ’s suspension of Chief Justice Iftikhar Mohammed Chaudhry in March triggered a wave of protests across a country already plagued by violence. Dozens of people died in street protests. he Supreme Court eventually reinstated Chief Justice Chaudhry in July. In August the Supreme Court ruled that former Prime Minister Nawaz Sharif could return from exile, challenging the decision of Prime Minister Shaukat Aziz. However, when Sharif returned to Pakistan in September, he was sent back into exile. In October, after Musharraf won the presidential election, the Supreme Court publicly questioned his eligibility as Presi- dent while he was still head of the armed forces. Finally, Musharraf ’s 3 November imposition of a state of emergency to respond to a “growing Islamic militant threat,” led to the enactment of the Provisional Constitutional Order to replace the Constitution, and to the suspension of all articles related to press freedom. Amid a growing challenge to its rule, the Pakistani government also introduced amendments to two separate ordinances imposing heavy restriction to the media’s ability to report about protests, demonstrations or any criticism of the government. It also ordered all private television channels to stop broadcasting. Amendments to the 2002 Pakistan Electronic Media Regulatory Authority Ordinance allows the authority itself (PEMRA) to confiscate equipment and bar entrance to media premises for 30 days, while amendments to the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, prohibit printing or broadcasting of “anything which defames or brings into ridicule the head of state, or members of the armed forces, or executive, legislative or judicial organs of the state.” Violation of the new laws can be punished with up to three years in jail and a US$164,000 for offences committed on television, or for newspapers by the suspension of the publication for 30 days. his has effectively prevented the me- A Pakistani journalist shouts anti-President Musharraf slogans during a protest outside Geo’s ofice in Islamabad Faisal Mahmood / Reuters dia from covering sensitive topics, such as Supreme Court cases challenging Musharraf ’s re-election, or live coverage of antigovernment protests. In May, following the suspension of Chief Justice Iftikhar Muhammad Chaudhry, the Supreme Court also issued guidelines for the media, prohibiting discussions, comments and write-ups “likely to interfere with the legal process, ridicule, scandalise or malign the court or any of its judges, or touching the merits of the case.” While the state of emergency was lifted on 15 December and Pakistan returned to constitutional rule, many of the restrictive laws and amendments to the constitution passed under the state of emergency remained in place. As Human Rights Watch pointed out, “Since November 3, Musharraf has repeatedly and arbitrarily amended the Constitution to enshrine the legality of various laws and provide himself and the military blanket immunity for all actions taken during emergency rule. he executive order to amend the constitution includes a number of amendments that would normally require a two-thirds majority in Parliament to become law.” hese laws and amendments have been instrumental for Pakistan’s government to actually interfere in the activities of the media. Private television stations were the most heavily affected by the restrictions. 2007 World Press Freedom Review 10 Sep 2007. A journalist takes pictures of the grave of a slain Kashmiri journalist, Mushtaq Ali. Fayaz Kabli / Reuters Immediately after the imposition of the state of emergency, the broadcasts of all international and national private television news channels, as well as most private sports and entertainment channels were suspended indefinitely. Cable operators were instructed to broadcast only entertainment channels approved by the authorities. Distribution of some Pakistani television channels by cable operators was resumed a few days later. However, some of the channels had to drop controversial programmes. In particular, Aaj TV said it had to drop the talk shows “Live With Talat” and “Bolta Pakistan” in order to be distributed. ARY TV and Geo TV continued to be banned after refusing to give assurances that they would not broadcast comments critical of the government. Police also raided TV channel premises in accordance with the new ordinance, allowing them to confiscate equipment. Laws are not the only weapon used in Pakistan to prevent media reporting on sensitive issues. Very often, security forces, police, and representatives of militant groups, as well as petty criminals who do not want exposure of their illegal activities physically attack Pakistani journalists. Six journalists died this year in Pakistan, while family members of at least two other journalists killed as a consequence of the journalists’ reports. 131 Police detain a journalist in Karachi. Stringer Pakistan / Reuters On 27 November IPI protested the killing of Zubair Ahmed Mujahid, who was shot dead by an unidentified man on a motorcycle on the night of 23 November in Mirpur khas, in the southern Sindh province. Mujahid, president of the Mirpur khas Press Club and a senior journalist for leading Urdu daily Jang wrote a weekly column in which he often criticised police and landowners for mistreating the poor, according to news reports. Mujadin’s murder comes less than one week after the killing of Mehrunisa Khan, the widow of Hayatullah Khan, a journalist for the Urdu-language daily Ausaf and a freelance photographer. Hayatullah Khan was found dead on 16 June 2006 in the North Waziristan town of Mir Ali. Unidentified gunmen had abducted him on 5 December 2005, after reporting that a U.S. missile had killed a senior al-Qaeda figure. Khan’s report contradicted official Pakistani reports that the al-Qaeda operative had died in a bomb-making accident. Khan, who was handcuffed and shot in the back of the head, had received numerous threats from Pakistani security forces, Islamic militants, and local tribesmen because of his reporting. Following Khan’s death, his younger brother, Bashir Khan, was murdered in what appeared to be a warning to Hayatullah Khan’s family to stop putting pressure on the authorities for an investigation into the journalist’s murder. It is believed that the recent killing of Hayatullah Khan’s wife was also meant to silence her, following vocal calls for the punishment of her husband’s murderers. According to international reports, Mehrunisa had received threats prior to her death. hese were reported to the authorities, who failed to take action. On 18 October 2007, Muhammad Arif, a cameraman for ARY One World TV, was among the 138 people killed by bombings in Karachi. he two blasts that went off during a crowded procession welcoming Bhutto injured several other journalists. Only two days earlier, in a separate incident, Azar Abbas Haidri, a staff reporter for the Post, an English-language daily based in Islamabad, was found dead in Karachi, where he had gone to celebrate the Muslim Eid holiday with his family, according to reports. It is not sure whether Haidri’s murder is in connection with his reports. Javed Khan, cameraman of the Islamabad-based daily Markaz and of the UKbased DM Digital TV television station was killed on 3 July while covering clashes between police and students of the Lal Masjid (Red Mosque) in Islamabad. he Pakistan Press Foundation (PPF) reported that the photojournalist was hit in the chest and neck by stray bullets thought to have been fired by paramilitary rangers. CNBC TV cameraman Israr Ahmed was wounded in the same attack. On 17 June, Noor Ahmed Solangi, a reporter for the Sindh-language daily Khabroon, was gunned down by two unknown 132 World Press Freedom Review 2007 Impunity is, as often in the region, one of the greatest problems in Pakistan and one of the greatest obstacles to journalists’ safety. While none of the cases mentioned above has been resolved by police, the authorities refusal to bring to justice those responsible for the murder of Hayatullah Khan, even though there seems to be clear indications to their identity, well exemplifies the authorities’ attitude. According to RSF, a report that would enable identification of the murderers was submitted by judge Mohammad Raza Khan to the authorities on 18 August 2006. However, the police appear to have chosen to disregard it and have made no ● attempt to punish the perpetrators. 25 Jan 2008. Paramilitary soldiers block a road leading towards Darra Adam Kheil tribal region near Peshawar. Stringer Pakistan / Reuters assailants in Pirjo Goth, in the interior of Sindh. he motive behind Solangi’s murder remains unknown. On 2 June, Noor Hakim Kahn, a reporter for the Urdu-language daily Pakistan and vice-president of the Tribal Union of Journalists, was killed along with four other people in a bombing in Bajaur, in the northwestern Tribal Areas, RSF reported. Hakim had been invited by the local government to cover the demolition of a house. Witnesses stated that the vehicle carrying Hakim and the official appeared to have been targeted, as two preceding vehicles in the convoy went by before the bomb exploded. he 28 April suicide bombing aimed at Interior Minister Aftab Khan Sherpao, in the northwestern district of Charsadda, killed freelance photojournalist Mehboob Khan, and injured four other journalists. he bombing killed a total of 28 people. he four journalists injured by the bomb were ATV cameraman Arif Yousafzai, reporter Siddiqullah of the Urdu-language newspaper Subah, Ayaz Muhammad of the Associated Press of Pakistan and Press Information Department photographer Arshad Ali. Many more journalists in Pakistan were attacked, beaten and/or kidnapped this year, mostly in connection with their reports exposing illegal activities or reporting on sensitive issues. Riaz Mengal, a journalist with the newspaper Intikhab in Khuzdar, Balochistan, was abducted on 4 October. Mengal had recently written articles about trafficking of stolen cars, and had received death threats in connection to them. He managed to escape from his kidnappers on 25 November. In a separate incident, on 18 May, Shakeel Ahmad Turabi, editor-in-chief of the SANA news agency, was assaulted by unidentified individuals in Islamabad. According to PPF, the assailants shouted abuse and warned him against anti-government coverage of the ongoing judicial crisis created by the suspension of Pakistan’s Supreme Court Chief Justice Iftikhar Muhammad Chaudhry. Turabi said he believes that state intelligence agents committed the assault. 20 Nov 2007. Journalist holds up a chain to his mouth during a protest outside the Karachi press club Athar Hussain / Reuters 2007 World Press Freedom Review 133 Philippines Death watch country (4) By Maureen MacNeill A lthough the number of journalists murdered in the Philippines decreased this year, coupled with the president’s husband dropping numerous libel suits against the media, the Philippine press still received plenty of harassment, including the unprecedented arrest of 30 media members covering an attempted coup. he number of attacks was particularly high on the southern island of Mindanao, where rebels have been fighting for a separate Islamic state within the mainly Catholic country. President Gloria Arroyo told local and foreign media that she would put an end to the killing of journalists at a 14 June meeting, to which the National Union of Journalists – one of the organisations leading the fight against the killings – was not invited. She also stated that she would update a 1990 agreement making it necessary for police serving warrants for journalists facing libel charges to first notify the National Press Club and the media organisation concerned, in response to the flood of libel cases facing the media. Her government started a police task force mid-year to investigate the deaths of journalists. he lower number of deaths is somewhat due to luck, since many attempted murders did not succeed with journalists surviving the attacks. Official statistics show a reduction of 80 per cent over the year in the number of murders of journalists, trade unionists and opposition figures. he recent arrest of Jessie Ticar for the 2001 murder of Aklan broadcaster Rolando Ureta provides some indication that action is being taken. Nonetheless, the feeling of impunity that exists in a country where murder so often goes unpunished will be difficult to eradicate. A joint IFJ – National Union of Journalists, Philippines (NUJP) 2007 report titled “Confronting the Perils of Journalism in the Philippines” quotes 90 recorded cases of the murder of a journalist and/or media worker over 20 years. CPJ claims the number of murders during the Arroyo administration is over 50. To date, only three people have been convicted and few cases are still active. CPJ research shows the impunity rate is 90 per cent. he “Philippine Press Freedom Report 2007” published by the Centre for Media Freedom and Responsibility (CMFR) states that nearly 90 per cent of the journalists killed during the Arroyo administration were exposing corruption, while the others were reporting on illegal gambling and the drug trade. he murder of journalists continued in 2007, although it was not always clear if the deaths were in relation to their work. Hernani Pastolero Jr. was gunned down on 19 February, along with Carmelo “Mark” Palacios on 18 April, photojournalist Dodie Nuñez on 21 May, and Fernando “Batman” Lintuan on 24 December, while Vincete Sumalpong, who was shot on 25 June, and Geruncio “Oscar” Mondejar, shot on 30 June, died in hospital later from their injuries. Pastolero, editor of the weekly Lightning Courier, was gunned down outside his house on Mindanao. Pastolero’s family said he had not received any threats. he murder took place during UN expert Philip Aston’s visit to the country to investigate the high number of extrajudicial killings in the Philippines, said RSF. Pastolero was shot twice in the head while in the town of Sultan Kudarat. Nothing is known about the motive or the murderer. Fortunately there are also reports of journalists who survived murder attempts. he feeling of impunity that exists in a country where murder so often goes unpunished Two journalists who survived an attempt on their lives were facing a lawsuit by the man they suspect of trying to kill them. “his is only in the Philippines. After being ambushed, we get sued for libel,” said Delfin Mallari Jr., one of the men attacked. Johnny Glorioso, a radio correspondent and publisher of community paper Ang Diyaryo Natin (Our Newspaper) and Mallari, a correspondent for the Manila broadsheet Philippine Daily Inquirer, were ambushed on 19 April while on their way to a local radio station for their 8 a.m. radio programme. he gunman fired through the driver’s side of the vehicle, hitting Mallari in the back, close to his spine. From hospital, Mallari said the shooting had been committed by the hit men of a Quezon politician who wanted to “silence” him. he two were then named as re- spondents in a libel complaint filed on 22 June by Rafael Nantes, the governor-elect of Quezon, a province east of Manila, who claims the two tagged him as a drug lord and the mastermind behind the attack on the journalists, thus tarnishing his name and that of his family. Mallari told CMFR that before the 14 May election, he and Glorioso had met with Nantes, who asked them to stop their critical commentaries of him. During the meeting, Mallari claims Nantes asked them to “name their price” and told them, “If I lose the elections and my name will be destroyed, blood will spill. I cannot stop my men.” On 25 July, Ferdinand “Bambi” Yngson, manager of local broadcasting company GMA Network’s Super Radio dySB in Bacolo City, was shot with a homemade gun. Yngson had been on his bicycle in front of a public market when he was shot in the left arm, chest and back. After being rushed to the hospital, he was transferred to another facility for further treatment. Deputy officer of the Land Transportation Office (LTO) Romeo Bauden Corbo Jr., was arrested while leaving the scene. Yngson had been critical of alleged corruption at LTO. Manuel Kong, a commentator for radio dxSN in Surigao, was seriously injured in an attempted murder on 20 August, in which a motorcycle gunman shot him in the face outside the station. He was transferred to Cebu for treatment after Surigao doctors said he required complicated throat surgery. He had also worked with legislator Francisco Matugas, who told the press the attack was “political,” according to RSF. Kong is a strong campaigner against illegal narcotics, and a critic of the Barbers political party. He had already survived an assassination attempt in 2002. Radio journalist Jose Cagalawan Pantoja escaped death in Iligan City, Lanao del Norte, a province in southern Philippines, when he was shot and wounded on 8 October after dropping off his daughter at school on his motorcycle. he block-timer for dxLS FM Love Radio stopped by a photocopy shop near the Mindanao State University-Iligan Institute of Technology when a man in a ski mask pulled out a gun and shot him repeatedly in the stomach at close range. Pantoja was rushed to hospital in critical condition with five gunshot wounds. “Block timing,” in which radio stations lease blocks of time to individuals, is a common practice in the Philippines. World Press Freedom Review 134 Pantoja hosts a daily programme discussing local politics, and had been vocal about corruption in Iligan City, also criticising First District Congress representative Vincete Belmonte, who beat the local governor in elections. A series of libel suits had been filed against him. Other attempted murders include shots being fired at block timers Marlan Malnegro and Ruben Oliverio, who had just finished their programmes on dyDS Radio Ukay, on 25 October in Digos, Davao del Sur, south of Manila. Oliverio hosts a half-hour show about local government projects, while Malnegro’s programme focuses on political commentaries. Malnegro believes the trigger was the campaign for village elections, to be held a few days later. A block-timer for the same station, Armando Pace, was killed on 18 July 2006 because of his hard-hitting political commentary. Meanwhile, the main suspect in the 19 June 2006 shooting of journalist/activist couple Maricel Alave Vigo and George Vigo in Kidapawan, died on 3 June in Agusan del Sur, a Mindanao province. Police say Jhonever “Jec-jec” Madangguit, the alleged gunman in the Vigo killing, was himself shot, although Mindanews quoted one of his relatives as saying he died in a vehicle accident. A friend of the Vigo couple, Ruby Padilla-Sison, who is now in hiding because of threats, claims Madangguit could have brought the truth to court, and now the family will have to continue to wait for justice to be served. Arroyo’s government has become notorious for many things, not least of which include her husband’s preoccupation with his image, which led him to commence 11 libel suits against 46 journalists since 2003. At the end of 2006, journalists fed up with Jose Miguel Arroyo oppressive tactics banded together to file a class action lawsuit against him on 28 December, charging him with abuse of the right to litigation and violation of press freedom. By the end of 2007, the lawsuit had not even reached the pre-trial stage, due to arguments on both sides over technicalities. A 24 September decision by the Court of Appeal allowing Arroyo a preliminary injunction has put the case on hold. he CMFR has been calling for the decriminalisation of libel since 1990. In a “gesture of peace,” Arroyo dropped all libel charges against Filipino journalists on World Press Freedom Day, 3 May, a week after being released from hospital for heart surgery. he lawsuits stemmed mainly from stories alleging he was involved in large-scale corruption, including the rigging of his wife’s closely contested 2004 election. hey added up to a total of nearly US$ 1.5 million. “He’s not fooling anyone, just as he is not scaring anyone,” said the Southeast Asian Press Alliance (SEAPA). “Mike Arroyo remains an enemy of press freedom.” he libel defendants said the class action against Arroyo would continue. Libel remains a criminal offence in the Philippines, with cases punishable by two to four years in prison and fines ranging from US$4 to US$120, according to CMFR. Electoral sabotage, of which two media personalities were implied of committing by a government commission on elections mid-year, can bring a life sentence with no chance for bail. he Commission on Elections claimed the two unnamed journalists manufactured several things against the commission, thus destroying its credibility. Jose Torres of the local NUJP said, “It is a threat to press freedom when government agencies start to threaten practicing journalists for being critical of policies.” Jailed for four years in a libel case revealing an affair involving Davao congressman Prospero Nograles. He could not afford to defend himself Libel harassment started on 26 January, with the arrest of three journalists who are brothers. Ramon, Erwin and Raffy Tulfo posted bond at the Quezon City Regional Trial after being arrested on libel charges filed by “Mike” Arroyo over programmes the brothers say exposed smuggling activities of Vicky Toh and her brother homas Toh, who are alleged to have links with the Arroyos. On 8 March, five journalists, including one who spent a night in a police station, posted US$ 10 bond each in a libel suit filed by Ilocos Sur governor Luis “Chavit” Singson in 2005. Singson, at the time a candidate for senate under Arroyo, had filed the suit over stories about his influence on the Arroyo administration and his assets. Arrest warrants were meant to be served on Newsbreak editor-in-chief Marites Vitug, managing editor Maan Hontiveros, business editor Lala Rimando, 2007 online editor Gemma Bagayaua and staff writer Aries Rufo on 7 March. Bagayaua was the only one arrested because she was the only one in the office in the Manila suburb of Pasig when police arrived. On 20 March, the publisher and various editors of the Philippine Daily Inquirer were detained for an hour at a Manila police station after posting a libel bond of US$1,000. A Manila court had issued warrants for their arrest over a libel charge by “Mike” Arroyo. Another journalist was jailed for defamation in June after Palawan congressman Vicente Sandoval Sr., charged him for articles dating back to 2003. Jofelle Tesorio, former correspondent with the Philippine Daily Inquirer and editor of Bandillo ng Palawan and currently with the Bangkokbased Asia News Network had posted bail. In April, Alex “Lex” Adonis, former commentator for dxMF Bombo Radyo was jailed for four years in a libel case revealing an affair involving Davao congressman Prospero Nograles. He could not afford to defend himself. Jun Alegre, a Legazpi City radio reporter, was also arrested and jailed on 28 April in relation to a 10-year old libel case. In Cebu City, a local governor sued station manager of local ABS-CBN radio Leo Lastimosa for libel over stories criticising a lack of transparency in government expenses. On 14 February, the Philippine Department of Justice (DOJ) proceeded with the much more serious charge of incitement to sedition against the publisher and two columnists of the Daily Tribune newspaper, rejecting a 10 April 2006 motion to dismiss the charges, which had been filed by police. Publisher Ninez Cacho-Olivarez and columnists Ramon Señeres and Herman Tiu-Laurel were charged under the Revised Penal Code over articles critical of President Arroyo. DOJ Senior State Prosecutor Philip Kimpo claimed the articles tend to “lead or stir up the people against the lawful authorities, namely, the president of the Philippines, and disturb the peace of the community.” he charges stem from three articles by Olivarez printed between December 2005 and January 2006 alleging corruption and unprofessional behaviour in the military, calling the Supreme Court untrustworthy, and Arroyo a “bogus president” who scoffed at the law and manipulated government agencies for her own gain. A petition filed by 37 journalists, eight media organisations and the College of 2007 World Press Freedom Review 135 South Korea Mass Communication of the University of the Philippines asking for the condemnation of Presidential Proclamation (PP) 1017 – used by Arroyo on 24 February 2006 to censor the media – was turned down. he groups say they will appeal the decision. he Court of Appeal stated it is not the proper venue for the petition, which should be filed before the Regional Trial Court, adding PP 1017 “can be construed as a censure to the exercise of the universal rights of free speech.” he President had used new PP 1017 to enact a “state of emergency” on 24 February 2006 for a week, grant her forces, among other things, the right to raid the media to thwart an attempted coup. During the enactment, the PNP and National Telecommunications Commission cracked down on several media organisations, the most prominent of which was the raid on the Daily Tribune. Troops were also posted outside the country’s two biggest broadcasting networks, and rules were laid down on coverage, with the threat of closure for those who refused to obey. he Supreme Court said on 4 May 2006 that the “state of emergency” and ensuing media attacks went against the Philippine constitution. “We are alarmed and disturbed that the court did not face the issue squarely and (did not) judge it on its merits,” said lawyer Jose Diokno, member of the Free Legal Assistance Group, and questioned why it took the court a year to decide it had no jurisdiction over the case. he government showed the limits of its intolerance for journalists when it arrested 17 press members, including four foreign press journalists, on 29 November while they were covering the takeover of a hotel by a group led by a former military officer who is now a senator, Antonio Trillanes. Department of Interior and Local Government (DILG) Secretary Rolando Puno told journalists that the arrests were standard procedure and could happen again in the future in a similar situation. he DILG is the government body that controls the Philippine National Police (PNP). The standoff started when Trillanes, army general Danilo Lim and a military group by the name of Magdalo led by Trillanes walked out of a court hearing because they were unhappy with the proceedings, in which they were being tried for a 2003 mutiny. From there, the group walked two kilometres to the Peninsula Manila hotel, where they held a press conference de- manding Arroyo step down. After a sevenhour standoff, an armed personal carrier burst through the hotel entrance and PNP forces stormed the hotel and fired tear gas. he group surrendered, stating they did not want civilians hurt, and Trillanes, Lim and the Magdalo group were re-arrested. Media people covering the event were also handcuffed and arrested for “obstruction of justice” and “consistent and persistent refusal to obey” police orders and were brought to a police camp about one hour away, says the Centre for Media Freedom and Responsibility (CMFR), confiscating some of their footage. The government says it arrested the journalists because it wanted to ensure that no rebel troops were hiding among them, but the CMFR states some of those arrested were well-known television anchors. CMFR said “never in the recent history of the Philippines has any government, including that of Ferdinand Marcos, ever taken into custody members of the media who were on the scene to do their jobs.” Especially ironic is that the arrests took place just as Arroyo was on air describing her commitment to democracy. “The regime’s continuing assault press freedom, free expression and freedom of assembly, of which this incident is only the latest, deserves condemnation,” said the CMFR, adding it is an ● attack on democracy itself. P resident Lee Myung-bak won the elections in South Korea in December 2007, bringing to an end the Roh Moohyun administration. One of the key issues in Lee’s campaign, which gained him the great support of South Korea’s big conservative newspapers, was his pledge to abolish a controversial media law, passed by Roh’s government in 2005. “We have decided to abolish the Newspaper Act to secure the freedom and fairness of the press, and rejuvenate the media industry,” said Kang Seung-kyoo, deputy spokesman for the presidential transition committee. he committee also said that new legislation will be established to replace the Newspaper Act. South Korea’s government has effectively limited the media’s access to government sources and reduced the number of pressrooms he Act Governing the Guarantee of Freedom and Functions of Newspapers, Etc., commonly known as Newspaper Act, has often been criticised by IPI for restricting press freedom. It includes a clause, under which any daily newspapers with a market share of 30 percent or any three dailies with a combined share of 60 percent are subject to monopoly regulations under the Fair Trade Act. In June 2006, the Constitutional Court ruled that the clause is unconstitutional. he Newspaper Act is not the only law affecting the media passed by the Roh administration that IPI has criticised. hroughout 2007, IPI exchanged various letters with South Korea’s authorities, in which IPI expressed its concern about the recently drafted “Measures for Developing an Advanced Media Support System.” he measures were drafted at the beginning of the year and, despite great criticism, were implemented by the Government Information Agency in August 2007. With the implementation of the measures, South Korea’s government has effectively limited the media’s access to government sources and reduced the number of pressrooms in ministries and other public institutions. According to the measures, journalists are allowed to enter government buildings only with prior permission. Furthermore, World Press Freedom Review 136 2007 Sri Lanka public servants have to register with their supervisors before being able to meet with journalists. In view of the fact that public officials are, worldwide, one of the most important sources of information of public interest, which repressive governments wish to keep secret, the ability to keep such sources of information confidential is a fundamental element of press freedom. he measures clearly went against this principle, in serious violation not only of one of the most important principles of journalism, but also of the public right’s to know. Furthermore, the closure of the pressrooms and the construction of a new briefing centre to replace them, as foreseen by the measures, has been criticised by journalists’ organisations in South Korea and throughout the world as an attempt to limit access to information. Another provision included in the measures that IPI strongly criticised was the introduction of press passes that contain electronic chips. hese only allow journalists to pass through electronic barriers if they have an appointment with an official. However, as IPI pointed out in its 27 August letter to President Roh, electronic press passes may be used to monitor the movements of journalists and they represent yet another level of intrusion in the freedom of the media to operate independently and without constraints. In 2008, South Korea’s government ability to translate President Lee Myungbak’s pledges for press freedom into reality will be an important step to restore South Koea’s credibility as a democratic country. ● Death watch country (3) T he political tension in Sri Lanka has gradually intensified throughout 2007 and the recent expiration of the cease-fire agreement threatens a further escalation of the violence. For the past one and a half years, the country has witnessed continued violations of the truce both by the government and Liberation Tigers of Tamil Eelam (LTTE), which eventually led to an end of the 2002 cease-fire agreement. he consequences of this political tension on the Sri Lankan media are evident. In 2007, journalists in Sri Lanka faced all manner of harassments and restrictions on their ability to report. While the conflict has had serious repercussions on journalists’ safety, in particular those operating in the embattled North and East, and a few have lost their lives as a consequence, the government has done its part in drafting restrictive legislation and abusing its power to harass journalists. he country has witnessed continued violations of the truce both by the government and Liberation Tigers of Tamil Eelam In the LTTE controlled areas, freedom of expression and freedom of movement continue to be heavily restricted; self-censorship is ever more widespread and impunity for those committing crimes against journalists further encourages it. Many of the laws passed following the declaration of the state of emergency in August 2005 heavily restrict press freedom. he August 2005 Emergency Regulations themselves give the government sweeping powers to control the media. his is further reinforced by the December 2006 Prevention of Terrorism and Specified Terrorist Activities Regulations. Older laws that still affect the media today in Sri Lanka are the Official Secrets Act, which makes it an offence to disclose loosely defined as “official secrets,” and the Press Council Law 1973, which prohibits the disclosure of cabinet decisions, cabinet documents, certain defence and security matters, as well as a range of fiscal issues. In 2007, the government made further attempts to pass restrictive legislation. Local press freedom organisations have been vigilant in reporting and condemning these attempts and this has generally prevented many such laws from being passed. A good example of this is an emergency paper, backed by the Sri Lankan president, calling for criminalisation of defamation, which was submitted to a Cabinet meeting on 27 June, according to the Colombo-based Free Media Movement (FMM). FMM noted that the government repealed criminal defamation in 2002 and that, before then, this law was used extensively to silence critical journalists and suppress independent reporting. he paper was on hold as three ministers opposed its reinstatement. Also disturbing was the 24 September announcement that the government had put out a gazette prohibiting news reporting on proposed military operations in the country. According to FMM, the gazette was issued under the emergency regulations and called “Prohibition on publication and transmission of sensitive military information”. he gazette forbade the reporting of information “which pertains to any proposed operations or military activity as well as plans to buy equipment for security forces or the police.” Under the terms of those regulations, editors could be jailed for up to five years for breaking the censorship, together with a fine not exceeding US$50, FMM reported. Following strong protests, President Mahinda Rajapaksa cancelled the gazette notification few days after its issuance. On different occasions in 2007, the government of Sri Lanka has used these laws to restrict press freedom, in most cases to clamp down on journalists, who expose human rights abuses, official corruption, or who criticise the government’s policies in the conflict with the LTTE. Maunasamy Parameshwaree, a freelance Tamil journalist for the Sinhala weekly Mawbima, was arrested by the Terrorist Investigations Division (TID) on 21 November 2006, detained for four months without any charge made against her, and then released on 22 March 2007. he Mawbima is known for its criticism of the government and exposure of human rights’ violations and corruption in Sri Lanka, and it has often been the target of attacks by the authorities. 2007 World Press Freedom Review On 26 February, Dushantha Basnayake, the financial director of Standard Newspapers Private Limited, which publishes Mawbima, was arrested by officers of the TID under the Prevention of Terrorism Act, while he was in his office in Colombo. Dushantha Basnayake was interrogated and arrested without charges for over two months. he Prevention of Terrorism Act provides for detention up to 12 months without charges. Editors could be jailed for up to five years for breaking the censorship While these attempts to use the law to restrict fundamental rights are disturbing, abuses of power in Sri Lanka are, however sadly, not limited to the legislative aspect. Representatives of the government in different occasions have abused of their power or their position in ways that show great disregard for press freedom. At the beginning of October, Lakshman Hulugalle, the Director General of Sri Lanka’s Media Centre for National Security (MCNS), told the media that the MCNS “consider[s] anyone who criticises the defence forces to be a traitor to the nation as such people undermine the lives of armed forces personnel.” On 27 December, Minister Mervyn Silva entered the state-run television station Sri Lanka Rupavahini Cooperation (SLRC) together with other men and assaulted the television News Director T.M.G. Chandrasekara. he Minister was allegedly upset that a speech made by him the previous day at a public meeting was not broadcast on the channel’s news bulletins, FMM reported. Media personnel at SLRC protested against this violent harassment by showing them on television. While physical violence is a serious form of harassment, the outcome of which is self-censorship, the reaction of President Rajapaksa to this was even more shocking. Instead of upholding press freedom, FMM reported that Rajapaksa “communicated his displeasure in very strong terms to the senior management of the SLRC for having telecast live the events of 27 December (…) and instigated an investigation by the Department of Criminal Investigation against the media personnel at SLRC.” Journalists’ safety is indeed the greatest concern in Sri Lanka. he International Press Freedom and Freedom of Expression Mission to Sri Lanka that IPI joined in June this year found that “safety issues are more important than at any stage in the past year and a half. An increasing number of journalists were killed, kidnapped, arrested, assaulted and threatened - especially in conflict zones in the north and east.” As in international wars, also in civil conflicts journalists and media outlets are being increasingly perceived as military targets and impunity is the rule. According to the report released by the International Mission, “Despite official commitments given to the Mission in last October, there appears to be a complete lack of progress in the investigations of cases of murdered and attacked journalists. According to our records, no suspect in such attacks has been taken to court since the current President came to office.” The 27 November bombing by Sri Lankan Air Force jets of the LTTE’s radio station Voice of Tigers in the northern province of Vanni, just two hours before the broadcast of the annual Heroes Day speech by LTTE leader V. Prabhakaran, can hardly be considered collateral damage. Five editorial staff and four civilians were killed in the attack on the radio station. Minister Mervyn Silva entered the state-run television station Sri Lanka Rupavahini Cooperation (SLRC) together with other men and assaulted the television News Director Reporting on the attack, FMM pointed out that the “station location was well known for years. No government in the past has attacked the station as it was a civilian office, not a military installation.” In three separate events, three journalists were killed in Sri Lanka this year. However, the authorities have not yet resolved any one of the three cases, and it is not clear whether their killings have been in connection with their profession. 11 of the 12 journalists killed in the past four years in Sri Lanka belong to the Tamil ethnic group. On 16 April, Subash Chandraboas, editor of the Tamil monthly Nilam, was 137 shot dead in his home in Vavuniya, north of Colombo. Chandraboas also freelanced for other Tamil publications. Vavuniya is a town controlled by the government, close to the LTTE’s controlled areas. Newspapers reported that 25 civilians were killed in Vavuniya during the first 18 days of April 2007. Less than two weeks later, on 29 April, journalist Selvarajah Rajivarman with the Tamil-language daily Udayan, was shot dead by unidentified gunmen in Jaffna. 11 of the 12 journalists killed in the past four years in Sri Lanka belong to the Tamil ethnic group Representatives of the International Mis sion, who travelled to the Tamilpopulated Jaffna peninsula in July, said that, ever since fighting resumed in 2006, Jaffna peninsula has become a nightmare for journalists. “Murders, kidnappings, threats and censorship have made Jaffna one of the world’s most dangerous places for journalists to work,” the Mission report said. “None of these incidents has been seriously investigated despite government promises and the existence of suspects.” Again in Jaffna District, Sahadevan Nilakshan, a Tamil journalism student and editor of the student union-linked Chaalaram magazine, was shot on 1 August by unidentified gunmen at his home near Jaffna city. he shooting occurred during the curfew in an area heavily guarded by the Sri Lankan military. Nilakshan died within hours of being taken to hospital. He was studying for his diploma at the Media Research Training Centre at Jaffna University. While press freedom can boast few victories in Sri Lanka, such as the repeal of some restrictive draft laws or the Supreme Court’s 16 July rule that the detention of SLBC journalist Sivanathan Sivaramya by the police on 1 May 2006 was illegal, the work of local press freedom advocates has been fundamental in exposing the violations and fighting for basic human rights. Sadly, in the words of the Free Media Movement, “The situation is already impossible, and unbelievably, getting worse.” ● World Press Freedom Review 138 Tajikistan By Husam S. Madhoun S ince the signing of a Presidential decree in March 2005, the media in Tajikistan have had greater access to government information. he decree requires government Ministers, as well as the heads of local state bodies, to hold press conferences on a quarterly basis and to provide information at the behest of media employees. However, till today all state officials have not adhered to this decree. Some of them, particularly mid-ranking officials, still try to prevent journalists from accessing information of public interest. In 2007, freedom of expression in Tajikistan improved slightly, yet problems do persist. Repressive media laws, attacks on journalists and media outlets, and the frequent use of lawsuits to silence dissent highlight the latest trends of how the government attacks. Defamation still remains a criminal offence in Tajikistan. Saida Kurbonova, editor-in-ehief of the Ovoza newspaper, and two of the newspaper’s journalists, Mukhaiyo Nozimova and Farangis Nabiyeva, are facing charges under Article 135 (“slander contained in public speeches”), Article 136 (“insult contained in public speeches”) and Article 144 (“illegal collection and distribution of private information”) of the Criminal Code. he charges stem from a 21 June article that appeared in Ovoza, critical of a concert given in Afghanistan by the Tajik singer Raikhona Rakhimova. In her complaint, Rakhimova claimed that the article insulted her honour and dignity. “We are being persecuted for expressing a critical opinion, and this is a violation of article 30 of the Constitution,” said Nozimova. he State maintains a firm grip on national television and politically relevant print media. In 2006, there were over 300 newspapers registered in Tajikistan, although only about half remain active. he largest publications are Asia Plus, Tojikiston, and Vecherny Dushanbe. Some political parties have their own newspaper, including the Islamic Renaissance Party (Najot), the ruling People’s Democratic Party (Minbar-i Khalq) and the Communist Party (Nido-i Ranjbar and Golos Tajikistana). Tajikistan’s criminal code strictly forbids public criticism of the President and sets a penalty of up to five years in prison. In August, Tajik journalists urged Presi- 2007 Thailand dent Emomali Rakhmonov to turn down a draft amendment to the Criminal Code that allows prosecution for abusive and untruthful Internet postings. An appeal was launched by several organisations, including the National Independent Media Association, National Journalists’ Union and the Tajik Media Alliance. “he adoption of the proposed amendments by the Majilis Milli (the upper house of parliament) has entered Tajikistan to a list of countries that violate the principles of press freedom by restricting it on the Internet,” the appeal read. he senate, however, approved the bill amending the Tajik Criminal Code. he bill stipulates that statements made in Internet forums would have the status of publications, while the authors, if found guilty of slander or insults, could be sentenced up to two years in prison. hus, the amendments to Articles 135 and 136 of Tajikistan’s penal code would criminalise defamatory statements published on websites, as well as those made in print and broadcast media. Penalties range from a fine of up to 1,000 times the minimum monthly wage to two years in prison. Abdughafor Abdujabborov, a cultural ministry spokesman, said the new amendments would make people more accountable for deliberately spreading libellous information. “here do need to be instruments to make people think about the consequences of their actions before they do anything,” the London-based Institute for War and Peace Reporting quoted Abdujabborov as saying. Mukhtor Bokizoda, director of the Tajik press freedom group Foundation for the Commemoration and Protection of Journalists, told CPJ that he is worried about the amendments, saying that Tajik officials tend to interpret any criticism of themselves as libel and sue the critics. Tajikistan’s legislation affecting the media presents contradictions and loopholes, and leaves many opportunities for abuse. Despite the limited gains, Tajikistan’s press still remains far from free. An increasing number of civil defamation suits are being filed against journalists, and threats against journalists remain. Regulators and courts were active in stifling independent domestic broadcasters; government officials also blocked local access to Internet publications, among the few remaining ● sources for independent news. By Malcolm North T he military junta responsible for the bloodless coup that ousted Prime Minister haksin Shinawarta 15 months ago has ruled this past year with inconsistent tolerance to press freedom in the unstable emerging government. he September 2006 coup was condemned internationally but backed by hailand’s monarchy, and touted by the military as a necessary step to return the country to democracy. Since then, however, the junta and its installed prime minister, retired general Surayud Chulanont, have swung between steps towards freedom of expression and censorship that narrows it. Some positive steps forward included a new constitution, the permitting of some government criticism, not extending existing lèse majesté laws and the passing of three separate acts supportive of press-freedom. Steps back include militia tactics of threats, attacks, closures, bans and censorships on those publishing information critical of the military, monarchy and the legislative process or positive to ex-prime minister haksin. he inconsistent leadership has a discouraging effect on hailand’s media who settle for a tendency to self-censorship while the country adopts a wait-and-see attitude in light of the besetting instability in political arenas. Early in the year, philosophy professor Boonsong Chaisinghanon, of Silpakorn University, was investigated for charges of lèse majesté (insulting the monarchy carries a maximum 15 years prison term) through exam paper questions that were designed to promote critical thinking in students. Defending his exam questions as “critically important for education,” Boonsong said that students must be able to develop thinking skills and ask critical questions that help them get behind “social structure and power interaction of various groups” in society. While charges were later dropped, outrage that lèse majesté laws still exist continues. “hailand’s lèse majesté laws are amongst the most stringent in the world,” said Jacqueline Park, Asia-Pacific director of the International Federation of Journalists. hese laws “muzzle media criticism and public debate, both vital for any democracy,” she said. Former ex-minister haksin was well known for invoking such laws to stifle the press and criticism of his government. With the September 2006 2007 World Press Freedom Review 07 Mar 2007. Staff of Thai private television station ITV celebrate at station headquarters in Bangkok. Chaiwat Subprasom / Reuters coup, media were hopeful press freedoms and democratic expression might improve. “he hai people are still waiting for their government to uphold their promise of a democratic future,” Park said. he junta-appointed government were also inconsistent in targeting media for crackdowns, aiming censorship of news and information of the exiled prime minister. Privately owned print media were warned off sensitive subjects and consequently left alone. hey are known critics of haksin’s rule and his enforcement of lèse majesté laws and supported the coup and so continued to maintain self-censorship in issues over the military and monarchy. However, the most vocal and critical media, television, radio and online media, did not escape censorship. Online video portal YouTube was blocked for five months for hosting a video ridiculing the king and only restored when the company offered to train authorities how to block individual videos instead of access to the complete site. Webmaster Sombat Boonngarmanong was arrested and detained for a political speech made to about 150 people who gathered in Chiang Rai to listen to criticism of the coup and new constitution. Another unnamed web Blogger was arrested and detained by the Police Crime 139 Suppression Division under the new Computer Crime Act and later remanded to prison. he Act allows police to help fight computer crime but activists believe has punitive provisions that stifle freedom of expression. A political website promoting haksin, found at www.hi-thaksin.org, was blocked and made unavailable in hailand and its executives faced bans up to five years. Political chat forum www.pantip.com was ordered shut down while two more sites www.prachatai.com and www.mthai.com were monitored for postings allegedly compromising national security. he inconsistent leadership has a discouraging effect on hailand’s media who settle for a tendency to self-censorship In broadcast media, community radio stations Confidante Radio FM 87.75, Taxi Driver Community Radio FM 92.75, and Internet channel Saturday Voice Against Dictatorship were blocked. Executive director of CPJ, Joel Simon, called for an immediate halt of the harassment saying, “it is completely out of step with the hai government’s stated commitment to upholding press freedom and restoring the country to democracy.” Currently, the approximate 3000 radio stations operating in hailand have severe restrictions including a junta-imposed mandate to air its prepared news and information three times every day. CNN broadcasts of interviews with Thaksin Shinawatra were pulled from cooperating cable station UBCTV who blocked the audio feed and replaced images with slides. Access to the broadcasters accompanying website www.cnn.com was also blocked and temporarily made unavailable during the feed. he only independent television broadcaster, iTV, was seized in March placing all broadcast outlets under government control, and satellite television station People’s Television, created in Hong Kong by haksin supporters, was blocked from broadcasting just ten hours after its maiden broadcast. Media attempting to access Hmong refugee camps in hailand’s far north to report on living conditions were banned by militia. Media were issued with juntadirectives on how to report the Hmong plight to discourage more refugees and to slant a favourable bias towards hai officials. Meanwhile, publisher-owner of the Manager Group, Sondhi Limthongkul was sentenced to two years imprisonment in March for suggesting a hai official was corrupt in a live broadcast in 2005. In contrast to the obvious step backs in press freedom, a number of reforms passed on paper could lead to improvement if capitalised upon. he new constitution has clauses to grant media independent self-regulation to protect against political or commercial interference. he draconian 1941 Printing Act was replaced with the Press Registration and Notification Act, which will give publishers lighter registration rules to avoid licensing from special police authorities. Import publications critical of the monarchy will still be banned. Importantly, two more laws, the Public Service Broadcasting Agency Act and an amendment bill to the Broadcasting and Television Act, could help promote the emergence of independent media and reduced monopoly by government and corporate interests. Meanwhile, hailand and her press freedom advocates wait to see if paper reform can potentially become genuine freedom of expressions that help ● steer the country to better stability. World Press Freedom Review 140 2007 Timor Leste 27 Jun 2007. A Portuguese police oficer stands guard as Fretilin party supporters rally in Dili. Beawiharta Beawiharta / Reuters By Malcolm North S ince its bloody separation from Indonesian rule in 2002, Timor Leste has been struggling to rebuild a stable political and economical environment that fosters growth of a free press. While press freedom is currently guaranteed under section 41 of the constitution, Timor Leste press have been languishing for several years under the threat of a proposed draft media law that would severely stifle rebuilding potential if it were passed. “Media in East Timor play a crucial role in rebuilding efforts and securing peace” said the Southeast Asian Press Alliance in a recent evaluation of the country’s press freedom potential. he draft law would imprison journalist for three years and give authorities the power to impose unlimited fines if offenders were found to have made statements considered defamatory of public officials. hroughout the year, politicians drew attention to the fledgling industry and its lack of media training and resources in attempts to win favour for tighter controls, including registration of journalists, licensing and criminalising defamation. hrough the international pressure applied by the scrutiny and lobbying of IPI and other press freedom advocacy groups, the draftlaw did not materialise this year. What was evident amongst the ranks of local media, however, was a professional uneasiness over the ongoing threat that a draft media law or a substitute decree might be passed. 05 Apr 2007. East Timor’s President Xanana Gusmao gestures during an interview in Dili. Beawiharta Beawiharta / Reuters his uneasiness was felt during the violence-marred elections held mid-year with several separate attacks on the press. During the presidential campaign in March, Carlito Soares from the Timor Post was severely assaulted and needed to be hospitalised for a broken arm. Timor Lorosae Journalists’ Association President Virgilio Guterres, voiced outrage over the attack and called for campaigners to leave media to gather news peacefully and asked police to investigate and bring to justice those responsible. hen in April, Member of Parliament Januario Soares threatened journalists Argentina Cardoso and Ricardina Amaral from Television Timor Leste filming empty seats in a legislative assembly. Soares reportedly threatened to break the crew’s camera and commit bodily harm if they broadcast footage. Journalists have felt intimidated or practiced selfcensorship fuelled by fear Shortly after a new coalition government ousted the ruling party FRETLIN, installing Xanana Gusmao as Prime Minister, offices of the largest news daily Suara Timor Lorosae (STL) were attacked. And previously, media staffer Abel Mateus Do Rosario, who admitted to working for STL, was stoned and beaten by attackers who also robbed him and destroyed his motorcycle. STL is considered partial to Gusmao, who was general of the Revolutionary Front for an Independent East Timor (FRETILIN) and led East Timor to independence against Indonesian in 2002. FRETILIN later became the dominant political party and Gusmao a figurehead president. With all the political tensions surrounding the elections, journalists have felt intimidated or practiced self-censorship fuelled by fear. Some journalists “felt pressure to cover (or not cover) certain political issues or advance a particular political perspective” said SOMET (Solidarity Observer Mission for East Timor), a non-partisan organisation observing the election process. Holding back development in press freedom and democratic rebuilding in the new country is its economical and resource shortage. After Timor Leste voted for independence in 1999, Indonesia withdrew, taking its educated population of civil servants and technicians with it. Indonesian military also burned and levelled 80 per cent of Timorese homes and buildings as it left. Charcoaled and graffiti covered shells still fill the capital, Dili, as testimony to its troublesome 24 years under Indonesian rule. Currently, over 40 per cent of the one million population are unemployed and an estimated 70,000 people are displaced and living in makeshift tents or unsanitary lean-tos. Meanwhile crime and violence rack Dili. Press resources and infrastructure are down while costs of Internet and ● access to media is up. 2007 World Press Freedom Review 141 Uzbekistan P ress freedom has further deteriorated this year in Uzbekistan, where the 23 December presidential elections led not only to the re-election of outgoing President Islam Karimov, one of the world’s most repressive leaders, but also to heavy restrictions on the media. Print and broadcast media are tightly controlled by the State and self-censorship is widespread in Uzbekistan. Furthermore, access to the Internet is not only very expensive but also greatly limited. Surfing antigovernment sites in Internet cafés is strictly prohibited and those who do so are subject to fines. he government routinely blocks access to websites belonging to opposition parties and international organisations. Moreover, a recently adopted media law requires all online media outlets to register with the authorities and submit work plans and reports each month to the ministry of information. In September, Uzbekistan marked two sad anniversaries: the 12 September 2006 disappearance of journalist Janshid Karimov; and the 14 September 2006 arrest of journalist Ulugbek Khaidarov. Karimov and Khaidarov are widely believed to be two of the very few remaining independent journalists in Uzbekistan. hey had written openly about the 13 May 2005 Andijon massacre and events that followed it and criticised the official standing justifying the massacre carried out at the hands of Uzbek police and National Security Service troops. he government routinely blocks access to websites belonging to opposition parties and international organisations Prior to their arrests, both Karimov, who is the nephew of Uzbek President Islam Karimov, and Khaidarov continued writing, even after receiving threats and being offered money to write reports of a more positive nature. Khaidarov was sentenced on 5 October on charges of extortion under Article 165 of the Uzbek Criminal Code and condemned to six years in prison. Following international pressure, he was released on 8 November 2006, after being physically tortured and psychologically harassed in prison. Janshid Karimov, following his arrest, was forcibly institutionalised in a psychiatric ward near Samarkand on the order of a court in Jizzakh. He has been held in psychiatric confinement for almost two years, despite worsening health conditions. According to local journalists, Uzbek authorities have used psychiatric detention to silence critics in the past. Uzbekistan’s political situation gives little hopes that the Uzbek media will enjoy greater freedom any time soon Four journalists working as stringers for Deutsche Welle (DW) were persecuted this year by the Uzbek authorities. Natalia Bushuyeva, an Uzbek citizen, was summoned to the Prosecutor General’s office in the capital Tashkent on 23 March and accused of operating without a journalism license and evading tax. On the following day the Prosecutor’s Office started criminal proceedings against Bushuyeva, under Articles 184 part 2 section ‘b’ and Article 190 part 2 section ‘b’ of the Uzbek Penal code. Bushuyeva is the first journalist to be charged with working without a license since Uzbekistan adopted a law in 2006, which bans local journalists from working for foreign media without accreditation from the government. Bushuyeva’s accreditation expired in 2005. IPI has repeatedly called on the Uzbek government to review this law. DW stringer Yuri Chernogayev was charged in March of tax evasion. He was later additionally accused of helping Bushuyeva flee the country, as well as charged with “defaming the president“ (according to Article 158 of the Criminal Code), “defaming the Republic of Uzbekistan” (according to Article 159) and “producing and disseminating material constituting a threat to national security and public order” (according to Article 244-1). Yuri Chernogayev, as well as DW stringers Sajera Ruzikulova and Obid Shabanov, who were also investigated for months for “tax evasion”, were informed on 4 June by the prosecutor’s office that charges against them had been dropped as a consequence of the amnesty issued for the 14th anniversary of the Uzbek Constitution. Umida Niyazova, an Uzbek journalist and human rights activist, was arrested by Uzbek authorities on 22 January, while returning from neighbouring Kyrgyzstan. Niyazova, who has covered Uzbek politics and human rights for the Central Asia news website Oasis, was charged of entering the country illegally and “creating or distributing materials threatening public security and order using financial resources provided by religious organizations, foreign governments, organisations and citizens” (according to Article 244-1 of the Uzbek Criminal Code). At the end of April, she was convicted to seven years in prison. After appealing the sentence, the court gave her a sevenyear suspended sentence with three years’ probation, and released her from custody, the US-based Freedom Forum reported. While Uzbekistan’s political situation gives little hopes that the Uzbek media will enjoy greater freedom any time soon, the European Union has this year launched a one million euro project in Uzbekistan with the purpose of promoting press freedom. As part of this three-year project, jointly implemented by Germany’s Konrad Adenauer Foundation and the Uzbek Training Centre for Journalists, about 600 Uzbek journalists, 300 students and 150 government spokespeople will be trained, ● AFP reported. World Press Freedom Review 142 2007 Vietnam By Malcolm North I n a cosmetic move to gain access to the WTO early this year, Vietnam released several political dissidents and cyber journalists before an international delegation’s inspection of Vietnam’s entry bid. Whilst news of the release is welcomed, watch dog groups have condemned the government for its double standard of creating an international image of openness and reform while allowing prisoners of conscience to rot in jail for expressing their opinions. Within weeks of winning the WTO bid and being removed from a U.S. government list of worst human rights violators, journalists and political dissidents were arrested in continued government repression. Catholic priest and editor of the magazine Tudo Ngon Lvan Nguyen Van Ly received eight years in prison under Article 88 of the Criminal Code for “disseminating anti-government propaganda.” Four of his editorialists, Nguyen Phong, Nguyen Binh Thanh, Hoang hi Anh Dao and Le hi Le Hang, all received sentences ranging from of six years imprisonment to 18 months suspended sentences for their assistance with the pro-democratic publication. He was so thin and weak that he could not hold a conversation, walk well, or lift his 5-year-old daughter Independent journalist, Nguyen Vu Binh, who was sent to a labour camp in 2002 for his pro-democratic writings, was also released in June, just days before U.S. President Bush met with President Nguyen Minh Triet. CPJ executive director Joel Simon applauded the release, stating that it “was long overdue,” but criticised the government’s transparent use of Binh as a “political bargaining chip.” During his long sentence, Binh had suffered from severely deteriorating health that rendered him almost unrecognisable to his own family when they visited earlier this year. “He was so thin and weak that he could not hold a conversation, walk well, or lift his 5-year-old daughter,” reported activists to the CPJ. Binh had called out repeatedly for medical assistance but was refused or ignored. During last year’s APEC Summit, political dissidents and cyber writers were harassed, detained, beaten and barricaded in their homes in an effort to control contact with foreign press and prevent maligning the government’s image to an outside world. Vietnam has consistently timed its release of political dissidents and journalists to coincide with international scrutiny or events. And this mask of reform seems to work well as a political move in Vietnam’s favour. Late this year, two human rights lawyers Nguyen Van Dai and Le hi Cong Nhan had sentences reduced for charges of spreading “anti government propaganda” and French journalist Nguyen hi hanh Van was released prior to Vietnam’s successful bid for a seat on the United Nations’ Security Council. Media attempting to expose corruption cases were hamstrung by government spin applied to a 2005 case of corrupt Ministry of Transport officials involved in embezzling foreign funds. he corruption was played down before two financial entities from the World Bank and Japan as an ethics breach. Consequently, a prime ministerial decree further restricted media in its newsgathering task by limiting information sources to only the most senior government officials. While the international façade continues, many more dissidents or speech freedom activists remain detained. he worst suppression of the year climaxed mid-year in the multiple arrests of six online pro-democratic writers and dissidents over one week in May. Tran Quoc Hien was charged under Article 88 for spreading propaganda and “endangering state security” and sentenced to five years imprisonment. With him, five more cyber writers and activists, Huynh Nguyen Dao, Nguyen Bac Truyen and Le Nguyen Sang each received sentences between three and five years. In spite of a press law provision that broadly protects press freedoms and other freedoms of expression, the totalitarian government uses criminal codes to render these useless or routinely vetoes the provision to charge offenders under criminal and national security laws. Under Article 84 of the Penal Code, authorities can detain suspects without charge or trial for four months, as was hai national Somsak Khunmi, a news assistant with Chan Troi Moi radio program who reported on farmer protests in Ho Chi Minh City over government land seizures without compensation. Farmers were forcibly removed by police and loaded on to buses to be taken away according to deputy Asia director Human Rights Watch Sophie Richardson. “If Vietnam really has joined the community of nations, it should tolerate dissent, not crush it,” she said. Religious protests led by monks resulted in their assault, arrest and jailing for disrupting social order. Other spurious arrests include the jailing of Tran Khai hanh huy, a well-known award-winning journalist, arrested in April for writing pro-democratic articles, who potentially faces a twelve-year prison term. he Vietnamese government continues to suppress its critics and tightly controls its entire media through surveillance, censorship, harsh fines and denying human rights through due legal process. he government controls editorial appointments, approves stories for publication to protect and promote party line and policies. Activists, independent writers or cyber journalists are heavily watched, harassed, routinely arrested and plagued with monitoring nuisances that interfere with their mail, phone lines, email and internet access. he government controls editorial appointments, approves stories for publication to protect and promote party line and policies Online users are limited to the heavily regulated Internet cafés or the registered domestic portals that censors and restricts content to government-approved sites. All users have their personal details and internet access information stored by internet providers who are required to pass on registration details to government authorities responsible for monitoring and blocking access to international and exiled dissident sites. International press are also subject to repressive controls through visa restrictions, surveillance and tight monitoring of all newsgathering efforts. At least two foreign nationals were detained without legal process while BBC correspondent Bill Hayton was forced to leave when authorities denied him a visa. Foreign press that do meet the Ministry of Foreign Affairs criteria are heavily surveyed and are accompanied by a government press officer to restrict inde● pendence. 27 Jun 2007. A soldier from New Zealand stands guard after a clash between supporters of two parties after a campaign in Dili. Beawiharta Beawiharta / Reuters World Press Freedom Review 144 2007 Australasia and Oceania: he Line of Fire Australasia and Oceania In Australia and Oceania, long awaited findings offered some closure for the families of the Balibo Five. How the authorities act next is critical. I n comparison to previous years, this year was a period of relative stability in the region. By and large all nations retained the status quo that had been established by the end of 2006 (with the notable exception of a change of government following Kevin Rudd’s victory in the Australian general elections). However, this does not mean that nations did not have to adjust to new circumstances. In Fiji, in particular, the new government established following the military coup had repercussions for press freedom. In Tonga, to name another example, the extended state of emergency imposed following the November 2006 pro-democracy riots was also felt in the media. hese are discussed in the relevant reports to follow. Press freedom issues also arose in other areas of the pacific that are not dealt with here in individual country reports, but which certainly merit a mention. By and large all nations retained the status quo that had been established by the end of 2006 In the Cook Islands, proposed legislation that threatened to impinge on the freedom of the press was first revived and then shelved again. he Deputy Prime Minister, Sir Terepai Maoate, promoted proposals to reintroduce a media bill that would establish a government controlled media commission. Several voices spoke out against the need for such a law, including the Minister for Foreign Affairs and Cultural Development, Wilkie Rasmussen. he Media Standards Bill was nevertheless presented to Parliament in April, with the backing of Prime Minister Jim Marurai. If such a bill were to be passed, it would represent a legitimising of government intervention in the media that does not exist anywhere else in the region. Marurai had previously stood against the bill, and when asked why he had changed his earlier view, he stated that he now believed that some form of government control on media reporting was necessary. He also expressed his feelings that the bill did not encroach on freedom of speech or freedom of expression. In the Cook Islands, proposed legislation that threatened to impinge on the freedom of the press was first revived and then shelved again he bill went to a select committee for examination, and the establishment of a media council by the Cook Islands media has seen it placed on the backburner for the time being at least. Maoate has welcomed the media council, while expressing doubts over its efficacy. “We will wait and see if the council performs and whether local media live up to their pledge to honour decisions made by the council,” he said in a statement posted on the government’s website. “I am very pleased that the local media industry has finally set up their own watchdog body, now responsibility falls back on them to make sure they deliver the best to their public,” continued Maoate. Six months was mooted as the time needed to assess whether or not the council was meeting expectations. In an eerie echo of events of last year, the premises of another Samoan newspa- 2007 World Press Freedom Review per were destroyed this year. he victim this time around was the newspaper Newsline Samoa, whose headquarters in the Samoan town of Malifa were decimated by fire in August. Although the editor Cherelle Jackson would not say whether or not she believed the newspaper had been targeted, she did suggest that the timing of the fire, just days before the start of the Pacific Games, the region’s main media event of 2007, was notable. In an eerie echo of events of last year, the premises of another Samoan newspaper were destroyed this year Samoa also witnessed some controversy in June, when the owner of Radio Polynesia, the largest radio station in Samoa, issued a letter to his news teams banning them from attending press conferences held by the leader of the opposition Samoa Democratic United Party. In the letter, Maposua Rudolph Keil told journalists that they must “not attend another press conference held by Honourable Asiata Saleimoa Vaai at his office in Fugalei. Should he wish to announce his news items on the air using our facilities he shall have to pay for it, otherwise I will not allow it to be broadcast due to harmful and unproven topics he uses in his press conference.” Maposua also indicated that the current government should be praised for the many good projects they have undertaken. The Journalists’ Association of Samoa (JAWS) expressed dismay at the orders, but Maposua vehemently defended his choice and denied that he was infringing on press freedom. Referring to Asiata’s “unproven comments,” Maposua said that “he can use his freedom of the press anywhere else but my radio station because I don’t want to be party to something that may be false. Let the other radio stations, TV and newspapers report on the bad things. Why don’t we report the nice things that these people are doing?” However, following a public statement issued by JAWS on the radio ban in August, the matter was resolved and the internal censorship was lifted. Referring to the incident on their website, JAWS stated that: “Once again, freedom of the press has prevailed.” 145 Elsewhere in the region, comments made by a senior lecturer at the University of the South Pacific impugned the independence of the Kiribati stateowned Broadcasting and Publications Authority (BPA). he academic, Teweiariki Teaero, described their claimed independence as “sadly and disappointingly” more rhetorical than real. The BPA has a strong history of independence, and critical reporting through its Radio Kiribati and newspaper Te Uekera. However, Teaero believes that this has changed, and laid the blame not only at the door of the government for their reluctance to grant administrative, financial and editorial control to an independent body, but also at the door of Kiribati journalists themselves. According the Teaero, journalists are suffering from a lack of awareness, and need to improve their capacity to perform their role as a public watchdog. He warned them to be wary of restrictions caused by the Kiribati way of thinking and respect for authority, particularly in a traditional environment. Investigative journalism, an integral part of a free press, is missing from Kiribati “The other problem which obviously stops journalists from exposing corruption or running hard stories is that they value their employment more than the ideals and concepts of a free media,” said Teaero. “Investigative journalism, an integral part of a free press, is missing from Kiribati journalism.” he story to come out of the Australasia and Oceania region with the most international resonance this year came from the region’s powerhouse itself, Australia. For the first time, a Coroner’s Inquiry was held into the deaths of one of the five journalists known as the ‘Balibo Five’, who died during Indonesia’s inva- Julian Moti is sworn in as the Solomon Islands government’s Attorney General on 10 July 2007. AP Photo/George Herming sion of Portuguese Timor in 1975. For a long time it had been suspected that Indonesian Special Forces had intentionally targeted the five journalists. he inquiry, which commenced in February following a request from the sister of Balibo Five cameraman Brian Peters, released its findings in November. According to these findings, the five journalists were intentionally targeted and not inadvertently caught in the crossfire, as was the official line hitherto. In addition, various governments, including the Australian government itself, were said to have covered up their knowledge of the intentional nature of the murders. Among other things, the inquiry recommended that certain then members of the Indonesian military be held accountable for their roles in the killings, and be brought to trial under war crimes charges. How the international community intends to react is still unknown. Colin Peters World Press Freedom Review 146 2007 Australia T he introduction of new legislation that will have a limiting effect on the Australian media drew much criticism from media organisations this year. In addition, concerns over the right to protection of sources, plus the reopening of the Balibo Five case, were the main issues in Australian media freedom in 2007. A public inquiry into the deaths of five journalists in 1975 in the town of Balibo in East Timor opened in February. he journalists, all operatives for Australian television networks, were covering the events in the build up to the Indonesian invasion of what was then known as Portuguese Timor. Although aware that Indonesian troops were preparing an assault, the five journalists believed that, as foreign journal- 66 witnesses were called to the stand, and several worrying facts relating to the incident came to light. he first new information to surface was that Yunis Yosfir, Indonesian Minister for Information in the Habibi administration, led the attack on the village of Balibo. Additionally, evidence surfaced that Indonesian forces were aware that rival FRETILIN independence fighters had already retreated from the village, so no justification existed for the attack unless it was carried out specifically to target the five journalists. Moreover, eyewitnesses report the five men attempting to surrender to the invading forces, but being either shot or stabbed to death regardless. “[T]he ‘Balibo Five’ died at Balibo in Timor-Leste on 16 October 1975 from wounds sustained when (…) shot and/or stabbed deliberately, and not in the heat of battle, by members of the Indonesian Special Forces,” wrote Dorelle Pinch, the coroner conducting the inquest. She also urged the Australian government to bring war crimes charges against those responsible for the murders. Eyewitnesses report the five men attempting to surrender to the invading forces, but being either shot or stabbed to death regardless A protester holds a placard as he stands outside the Glebe Coroner’s Court in Sydney. David Gray / Reuters ists, they would not be singled out in the attack. In the event, however, all five were killed. he officially accepted line had always been that the journalists were caught in the crossfire of war, although suspicions existed that they were targeted. Although there had been several inquiries into the deaths of the journalists in the years following the Indonesian invasion, the latest investigation was the first coronial inquiry, and took place due to a formal complaint lodged with the Australian police authorities by Maureen Tolfree, sister of one the murdered journalists, Brian Peters. During the course of the inquiry, In June, two Australian journalists, Michael Harvey and Gerard McManus, were convicted of contempt of court and charged approximately 6400 USD for refusing to reveal their source in a story that dates back to February 2004. he story, which exposed the contents of a secret government document detailing plans to cut approximately 456 million USD boost to war veterans’ pensions, caused great embarrassment for the administration. Following publication of the story, a senior Australian public servant, Desmond Patrick Kelly, was charged under the Commonwealth Crimes Act for leaking the information. Subpoenaed telephone records showed that Kelly had been in contact with McManus, yet in a preliminary hearing McManus refused to acknowledge whether or not he knew Kelly on the grounds that he could thereby incriminate himself. he prosecution then granted the two journalists immunity, which meant they could be charged with contempt if they did not comply with the court and reveal their source. Nonetheless, the two Canberra based journalists remained tight-lipped. The Victoria Supreme Court later overturned the subsequent conviction of Kelly. She also urged the Australian government to bring war crimes charges against those responsible he Media, Entertainment & Arts Alliance (MEAA), the main Australian union covering the media, entertainment, sports and arts industries, was vocal in its criticism of the conviction, stating that it represented a “blow for democracy and freedom of the press in Australia.” he conviction was seen as the latest attempt in a government campaign to “crack down on whistleblowers,” the journalists were seen to have been penalised for “doing nothing more than their jobs,” and the whole case was described as a “blatant attempt to intimidate journalists and whistleblowers into silence” linked with the “federal government’s fixation with secrecy and the control of information.” MEAA had expressed its concern over what it termed as a “government bent on controlling information” as early as May 2007. In their annual report released that same month, changes in media ownership, extended phone tapping powers and the conviction of one whistleblower were all slammed as victories for censorship. Controversial changes made to existing sedition laws at the end of 2006 were also said to have played a part in obstructing the free flow of information, given their implementation to limit access to details of terrorism-related cases and to close court doors to the press. In addition, a book was banned in Australia for the first time since 1973. Such issues were the catalyst in the formation of a new cross-industry press freedom network, known as the ‘Right to Know’ campaign. Bringing together all of Australia’s news organisations, the aim of the campaign is to examine and lobby on press freedom issues. Christopher Warren, the federal secretary of MEAA, welcomed its creation, commenting that the initiative “represents an important step in affirming the independence, integrity and democrat- 2007 World Press Freedom Review ic freedom of the press,” adding that the issues require “united action and vigilance, drawing upon the breadth of experience and perspective across the industry.” he first results of the Right to Know campaign were made public on 31 October with the publishing of a 336-page report on the ‘Independent Audit into the State of Free Speech in Australia’, chaired by respected Australian solicitor and public servant Irene Moss AO. he detailed report laid bare the problems that exist in Australian media freedom. Using plentiful examples to do so, the media environment painted in the report is of one hindered by official secrecy. According to the report, governments and judges deny access to information 147 Australian Labour Party defeated the incumbent government led by Liberal Party leader John Howard. Howard had been Prime Minister since 1996. Governments and judges deny access to information through secrecy legislation, suppression orders and outlandish fees for freedom of information requests Reporters Without Borders issued a statement on 23 November, the day before the elections were held, laying out what the next prime minister should do Kevin Rudd speaks at the launch of the Labor Party election campaign in Brisbane. Steve Holland / Reuters through secrecy legislation, suppression orders and outlandish fees for freedom of information requests: one example quoted in the report details a 1.14 million USD fee for a report into MPs travel expenses. Worryingly, Moss claimed that “many of the mechanisms that are so vital to a wellfunctioning democracy are beginning to wear thin,” as well as stating that the trend towards ever more secrecy has been going on for an extended period of time. “What we have is a set of official and unofficial practices which together are whittling away the notion of free and easy access (to information),” said Moss. Federal elections were held for the Australian parliament in November. he press freedom organisations, IPI calling for the “responsible bodies to heed the request made in the report, and to take the matter further and proceed with war crimes charges against those responsible” in a public statement of 20 November. he International Publishers Association (IPA), in conjunction with the Australian Publishers Association and the News Media Coalition, lobbied the new government mid-December. This followed attempts by Cricket Australia (CA), the governing body of cricket in Australia, to force photographers and news agencies to sign a new contract before entering cricket grounds. The new contract would have impacts on editorial freedom, as editorial material created at CA events would Maureen Tolfree speaks after a Sydney coroner found that the Balibo Five were deliberately killed by Indonesian forces. AP Photo/Rick Rycroft to improve press freedom. hese included recommendations for addressing the problems outlined by the various media organisations over the course of the year, such as a law on the protection of sources and the protection of journalists’ work under privacy laws, plus liberalisation of the access to information laws. RSF also recommended that the new prime minister should “fight against impunity in the Balibo Five case,” referring to the findings in the coronial inquest and urging the government do “everything possible to ensure that the Australian judicial system is able to try the murderers and those who gave them the orders.” RSF’s support of the inquiry’s findings joined the voices of many have to be approved by the CA before appearing in books. hey also reserved the right to charge fees to approved books. A blatant attack has been made directly on the book publishing industry “his issue has been a battle ground between the media and sports associations for quite some time,” said Jens Bammel, General Secretary of IPA. “his time a blatant attack has been made directly on the book publishing industry, a small but significant media sector with great importance to the ● real sports aficionados.” World Press Freedom Review 148 2007 Fiji F ollowing the December 2006 military coup d’état, 2007 continued to be a difficult year for free media in Fiji. Various reports from the islands point to continuing intimidation of the press, as well as attempts by the military government to block the free flow of information. Fiji’s fourth coup in 20 years took place on 5 December 2006, resulting in the ousting of democratically elected Prime Minister Lausenia Qarase and his government, and its replacement with a military junta lead by Commodore Frank Bainimarama. The coup was coupled with attempts to gag the media, these attempts taking the form of the detention of press operatives, death threats to individuals, and the stationing of soldiers at media premises. By the turn of the year, once it had become clear that the new regime would be remaining in power for the foreseeable future, the working environment for the media seemed to improve slightly. Bainimarama justified the coup as a move to clean up the corrupt Fijian political system, and assumed the role of interim Prime Minister in February with the promise that democracy would be restored to Fiji within five years. He also highlighted the importance of a free media environment. However, events during the year showed that not only is the new regime ready to deprive Fijians of their constitutional right to an impartial and free media if that media produces criticism, but also that the military is willing to resort to strong-arm tactics to achieve this. Once it had become clear that the new regime would be remaining in power for the foreseeable future, the working environment for the media seemed to improve slightly In February, a photographer for the Fiji Times was assaulted by soldiers at the Centenary Methodist Church and subsequently detained. he assault occurred while the photographer, Sitiveni Moce, was taking pictures of soldiers removing a church member from the premises. Eyewitness accounts state that the soldiers tried to confiscate some of Moce’s equip- Fiji’s Prime Minister Commodore Frank Bainimarama addresses the United Nations General Assembly in September. AP Photo/Stephen Chernin ment, and that he was then manhandled, dragged onto a military truck and taken to the Delainabua camp for questioning. He was released an hour later. he Fiji Times editor, Samisoni Kakaivalu, lodged an official complaint with the Fiji Human Rights Commission and the police, and Paula Sotutu of the Fiji Media Council expressed his concern that, despite assuring media freedom, the military had nevertheless assaulted media personnel. Condemnation by the Fiji Media Council of the military’s attitude towards the press became more vocal in March, following the detention of the Fiji Daily Post General Manager Mesake Koroi. Koroi had been forced into hiding during the coup, in fear of the multiple death threats directed at himself and the staff of the Post. At the height of the troubles, the newspaper was forced to cease printing for a short period of time to safeguard the welfare of its staff. In March, Koroi was arrested and detained overnight at the Nabua camp by the military under suspicion of “inciting”. A few days later, Fiji TV news director Netani Rika was summoned to the same camp for a “short discussion” regarding a news report that had claimed that the military was responsible for the death of an island villager. Fiji Media Council chairman Daryl Tarte stated that such detentions were unacceptable. “Journalists have been intimi- dated by the military to the point that they do not feel safe to write and publish reports that correctly reflect the true situation (…). It will be noticed that in most cases bylines are now not used,” said Tarte. he detentions came at a time when the European Union was already threatening to halt development aid to the country unless progress was made in the islands’ return to democracy, human rights and media freedom. In the same month, the Fiji Broadcasting Corporation complained that journalists are being forced to work under duress in a climate of self-censorship. The comments came after an Internet forum was shut down by its operators, Communications Fuji Ltd., after News Director Vijay Narayan and Managing Director William Parkinson were summoned by the military following the posting of derogatory remarks regarding members of the new administration. The website, Fijivillage.com, was not the only website to have operations halted this year due to military intervention. In May, the blog-spot ‘resistfrankscoup’ was also put out of action, after what seemed to be government tampering in FINTEL, Fiji’s pivotal Internet service provider, through which nearly all Internet traffic flows. A photographer for the Fiji Times was assaulted by soldiers at the Centenary Methodist Church Individual journalists and academics throughout the year brought the selfcensorship exercised by the Fijian press to attention. In May, Patrick Craddock, radio and multi-media lecturer at the University of the South Pacific, remarked on the bypassing of the Fiji Media Council by the military, which is resulting in media selfcensorship to avoid staffers being taken away by the military for questioning: “Quite a few journalists are apprehensive, newspapers are still wary of putting bylines on stories because they don’t want their staff to be taken away, so it’s the protection of the author (...), they’re doing a lot of self-censorship because they have to be wary, sometimes for instance an NGO will say you can use this information but don’t use my name,” said Craddock. 2007 World Press Freedom Review 149 New Zealand Craddock’s comments were followed a few days later by those of five Fijian journalists during a Pacific Islands News Association in the Solomon Islands. One of the journalists was Netani Rika, the Fiji TV News Director who had been detained in February. He described his detention at the military barracks, the threats he was exposed to and the psychological tactics employed by the military during questioning. Individual journalists and academics throughout the year brought the selfcensorship exercised by the Fijian press to attention “(…) You were sitting on the floor of a cell. he person who comes in to harangue you, stands six foot three, six foot four in height and is about the same width across the shoulders and the person who then follows sits on a chair, you sit on the floor, and the pistol strapped to his leg is directed at the level of your eyes. So yeah, intimidation (…),” was how Rika described part of the interview procedure. When asked if the military intimidation was still taking place he said that the last threatening telephone call he was aware of “came just at the beginning of this week.” he pistol strapped to his leg is directed at the level of your eyes. So yeah, intimidation On a positive note, a blow was struck for freedom of information at the Fijian High Court in November. An application by the Fiji National Provident Fund (FNPF) seeking to bar Fiji Television Ltd. from broadcasting the results of a report by accountants Ernst and Young was rejected, on the grounds that the results were in the public interest. FNPF is Fiji’s largest financial institution, holding 60 per cent of the country’s gross domestic product. Fiji Media Watch and the Citizens Constitutional Forum did, however, point out that although the ruling “upholds media freedom,” it also “underscores the need for swift enactment of a freedom of information law.” ● A n Australian inquest into the deaths of five journalists in East Timor in 1975 had repercussions in New Zealand, as one of the five, Gary Cunningham, was himself a New Zealander. he ‘Balibo Five’, as they are known, had been reporting on the build up to the Indonesian invasion of what is now East Timor. During the Indonesian attack, all five journalists were killed. Prior to the inquiry, the officially accepted line had been that the journalists were caught in crossfire in the heat of battle, but the inquiry at New South Wales Coronial Court found in November that the journalists had been targeted. he New Zealand government privately supported Indonesia’s invasion of the former Portuguese colony A book released by well-known New Zealand activist Marie Leadbeater in February made accusations that the government was negligent in defending Cunningham at the time of the killings, in order not upset international relations. Apparently, the New Zealand government privately supported Indonesia’s invasion of the former Portuguese colony. Ministry officials had told the then Prime Minister, Bill Rowling, that despite the deaths of the journalists there was “no clear-cut case against Indonesia for any specific violation of international law.” “It was shocking that a government should do so little to investigate the death of one of its citizens just to appease a foreign power,” said Leadbeater in a comment to New Zealand weekly Sunday Star-Times. Leadbeater’s book used government documents obtained under freedom of information laws in New Zealand, Australia, the United States and Britain as sources. There was criticism voiced in April, following the expulsion of an accredited parliamentary press gallery journalist from a photo opportunity in the office of the Deputy Prime Minister, Michael Cullen. he photo opportunity was in the context of a meeting between Cullen and Chinese Vice-Premier, Zeng Peiyan. Photojournalist Nick Wang was asked to leave the room at the start of the shoot by a New Zealand police officer. According to Inspector Bruce Blaney, Wang was considered a “genuine security threat,” and was “yelling and shouting.” Speaker of the Parliament, Margaret Wilson, quickly denounced the expulsion, urging that such an incident not be repeated. Video footage taken at the photo opportunity seemed to show that the police officer acted under the advice from Chinese security officers, and that Wang was causing no disturbance at all. Apparently the police officer had been told that Wang was a Falun Gong member, and security issues were therefore involved. Green Party Human Rights Spokesperson Keith Locke joined Wilson in criticising the authorities. His statement on the party website said, “It is unacceptable for our police to imitate China’s repressive approach, where they commonly clamp down on a critical journalist and then claim it was all the journalist’s fault. hat is exactly what our police did when they allowed the tame Chinese media into the Vice-Premier’s meet and greet with Dr. Cullen, but then excluded an independent New Zealand journalist.” Locke detailed other instances where the authorities or politicians have made the efforts to accommodate the anti-free speech attitude of visiting Chinese officials. “We cannot import repressive Chinese techniques into our own Parliament. his is a very serious issue. We must get an apology from the police and get them to retract their attacks of Mr. Wang. heir behaviour is unacceptable if this house is to operate properly,” concluded Locke. he police officer had been told that Wang was a Falun Gong member In another exclusion-related incident, news crews from the broadcasting network TV3 were barred from covering a media briefing about the state-owned broadcaster Television New Zealand (TVNZ). The briefing concerned the record financial losses reported by TVNZ. According to TV3, a spokesperson for TVNZ had justified the refusal to let them enter the briefing as they are “the opposition.” TV3 news chief Mark Jennings said that his organisation intended to take the matter up with New Zealand’s Media Freedom Committee. “his is a public event about the performance of a taxpayer-owned body,” said Jennings. “ It was a valid news event and it would be covered as such.” 150 World Press Freedom Review 2007 Papua New Guinea TVNZ spokeswoman Megan Richards said that the results were on the public record, and TVNZ could decide itself who it wanted to invite to its meetings. Alt TV was forced off the air for a period of five hours on Labour Day. The decision was handed down by New Zealand’s Broadcasting Standards Authority (BSA), following what were considered to be serious breaches of broadcasting standards during the televising of a music event called ‘Groove in the Park’ on Waitangi Day, a national holiday held early February. In a country that champions itself as a free and fair democracy the existence of sedition laws is an unnecessary restraint According to viewer complaints, text messages of a racist and sexual nature, including explicit language, were run across the screen. he BSA investigated the claims and found that the broadcast breached regulations, and that standard’s of good taste and decency and children’s interest were not adhered to. Alt TV was consequently ordered to halt normal broadcasting between 12am and 5pm on 22 October 2007, and to broadcast a statement summarising the authority’s decision and apologising to viewers instead. his was the first time that the BSA has forced a station to stop broadcasting. In addition, Alt TV received a fine of 4000 USD. Text messages of a racist and sexual nature, including explicit language, were run across the screen In a positive development for freedom of speech, New Zealand’s sedition legislation was abolished this year. he Crimes (Repeal of Seditious Offences) Amendment Bill was passed on 24 October, a little over a year after the pressing of sedition charges against a citizen for the first time in 30 years. Political activist and editor of Tumeke! magazine Tim Selwyn had been sentenced to 15 months imprisonment in 2006 for events surrounding the throwing of an axe through the window of the Auckland electorate office of the Prime Minister, Helen Clark. Two months of the 15-month sentence were due to the successful prosecution of sedition charges, a decision that became highly polemical and spurned much criticism of the laws. A Law Commission report later that year recommended the repeal of sedition laws, and a coalition of minor parties backed up the report in April, stating that “in a country that champions itself as a free and fair democracy the existence of sedition laws is an unnecessary restraint on the political rights of New Zealanders.” “Defamation is no longer a crime in New Zealand, but defaming or libelling the government remains a crime under the law of sedition. Aspects of sedition – such as directly inciting a criminal act – are already offences defined elsewhere and covered by the Crimes Act. herefore, retaining any part of this law is unnecessary, and impractical,” continued their joint statement. he aforementioned Amendment Bill was subsequently introduced into parliament and passed in October, and will come into effect on 1 January 2008. ● I n January, the media was barred from attending the proceedings of a Papua New Guinea Defence Force inquiry into the escape to the Solomon Islands of Julian Moti, a lawyer facing extradition to Australia on charges related to child sex offences. he Julian Moti affair, sometimes referred to as ‘Motigate’, goes back to allegations made against Moti in Vanuatu in 1997. He was arrested in Papua New Guinea in September 2006, and released on bail pending an extradition hearing. However, Moti went into hiding at the Solomon Islands High Commission in Port Moresby, the Papua New Guinea capital. While both the governments of Papua New Guinea and the Solomon Islands claimed not to know of Moti’s whereabouts, he was secretly flown out of the country to the Solomon Islands. He was flown aboard a Papua New Guinean Defence Force aircraft. Moti’s escape contravened his bail conditions, and the Papua New Guinea government refused to reveal who had given the order to fly Moti out, which resulted in considerable diplomatic problems with the Australian government. he Defence Force Board established an inquiry to get to the heart of the matter, but attaining the information gleaned therein proved difficult for the press from the outset. he Prime Minister, Sir Michael Komare, threatened local journalists with contempt of court On 5 January, it was announced that the proceedings of the inquiry would be conducted behind closed doors, thus barring the media from attending. he reason given for the decision was that only the authority appointing the inquiry, in this case the Defence Minister Martin Aini, had the prerogative to open the proceedings. However, as Aini was proving unreachable while away visiting his electorate in the New Ireland province, the inquiry would have to be conducted in camera. More controversy surrounded the inquiry in August, when the Prime Minister, Sir Michael Komare, threatened local journalists with contempt of court following their requests for the official release of the inquiry report. he report had been complete since March, but Komare had 2007 World Press Freedom Review 151 Tonga refused to sanction its release as the report itself was sub judice. However, the Australian daily the Australian had received a leaked copy of the report, and ran articles in August detailing its conclusion. hese included recommendations for the investigation of Somare himself and allegations of corruption. hey also posted the full text of the report on their website. Somare’s lawyer Kerenge Kua issued a statement shortly afterwards warning the domestic press as well as members of the public not to comment on the report. He also warned the press that, should they continue to print requests to release the report, they could face charges of contempt of court. Ultimately, the attempts to quash findings of the report proved unsuccessful, following a battle in the National Court. A government announcement in October signalled plans to review the current National Information and Communication Policy (NICP), which dates back to 1994. In a statement from the Information and Communication Department, the acting secretary Henao Iduhu announced that new guidelines were to be established to “ensure that the media industry abide by professional rules.” “We must ensure that they play the game within guidelines set out by the government and not allow them to move the goal post. Everybody plays to out rules, to ensure that everyone is a winner,” said Iduhu. Iduhu was asked to clarify his comments, and to explain whether the new guidelines would limit free speech and the freedom of the press, to which he replied “freedom of the media will not be curtailed at all. All I’m saying is that it’s a two-way thing.” He also stated that the Papua New Guinea media council would be consulted during the review. he review was due to start towards the end of the year, or at the beginning of 2008. In April, a new book titled “Media, Information and Development in Papua New Guinea” was released. Edited by Evangelia Papoutsaki and Dick Rooney, the book was hailed as a vital contribution to the scant amount of scholarly research concerned with Papua New Guinea’s media environment. Eleven chapters cover all manner of topics, containing essays from varied writers on subjects ranging from free speech to government controls over the media. At the end of May, a female journalist for the Post Courier was attacked at her home in Port Moresby. Armed men entered the premises and threatened the reporter at gunpoint. he attack was believed to be in connection to a series of articles published in the Post Courier relating to corrupt government practices, in particular concerning the immigration and citizenship division. A female journalist for the Post Courier was attacked at her home he attack was condemned in the strongest possible terms by the Papua New Guinea Minister for Foreign Affairs, Paul Tienstein, who described the attack as “a coward act by persons who do not appreciate or even understand the important role of journalists and the media in a vibrant democratic country like Papua New Guinea.” Stating that journalists must be left to do their jobs without fear and intimidation, Tienstein urged that the law enforcing agencies act swiftly to arrest those responsible for the attack. ● M edia conditions became difficult in the wake of the pro-democracy rioting in Nuku’alofa, Tonga’s capital, in 2006. his was how it remained in 2007. he state of emergency that was put in place in November of last year was continually extended throughout the year, raising many questions among democracy advocates. On 18 January, Tonga’s most prominent pro-democracy campaigner, Akilisi Pohiva, was arrested for complicity in the 2006 riots. he arrest came just days after another pro-democracy campaigner, Isileli Pulu, was arrested and charged with manslaughter, sedition and abetting wilful damage to property. Both are Tongan Members of Parliament. Pohiva was charged with sedition, although his alibi appears to be incontestable. At the time of the rioting he was in negotations with the Tongan Prime Minister and other Cabinet Ministers, and when demonstrators reached the parliament building he appeared in public and urged them to return home. Tonga’s most prominent pro-democracy campaigner, Akilisi Pohiva, was arrested for complicity in the 2006 riots he latest arrest was seen by many as an explicit attempt to incapacitate the growing pro-democracy movement in Tonga. Many Tongans had seen the change in Prime Minister in early 2006 as a positive sign, only to then see their hopes dashed by a lack on institutional reform and price hikes for basic commodities later in the year. A futher attempt to dampen the pro-democracy movement came in February, with the forced closure of pro-democracy newspaper Kele’a. Apparently, soldiers arrived unannounced at the newspaper premises on the evening of 11 February, and simply informed employees that, under orders of military commander Brigadier General ‘Uta‘atu, the paper was to be closed. No further explanation was offered. “his is a blatant breach of natural justice because there was no prior notice to close down the newspaper on Sunday,” said Tavake Fusimalohi, the newpspaper’s editor. “As such, kangaroo justice has arrived in Tonga.” World Press Freedom Review 152 2007 tred of the King among the general public. According to Fusimalohi, these were just the latest attempts to silence a free press, and particularly the Kele’a, as the Kele’a remained the only means for the pro-democracy movement to communicate with the public. When asked in the interview if the constitutionally embedded right to free speech means nothing, he commented, “Yes it means nothing, because they are using this state of emergency regulation to ban people from using the media.” Sadly, in December, Tavake Fusimalohi passed away at the age of 68 ried out much of the critical reporting of Fiji military leader and Interim Prime Minister Commodore Frank Bainimarama right, leads other Paciic leaders off an aircraft in Vavau, Tonga, 17 October 2007. AP Photo The Kele’a, which was founded by pro-democracy movement leader Pohiva in 1986, has been a constant voice of criticism against the government. he government, however, justified the temporary closure of the newspaper due to its employees working on a Sunday, which is contrary to the Tongan constitution. Fusimalohi claimed that the law was being applied selectively, but the Prime Minister’s spokesperson, Lopeti Senituli, said that the government was not singling out the newspaper, and that it was unfortunate that the English speaking public could not fully grasp the type of ‘trash’ that it puts out. he Kele’a was allowed to resume publishing soon afterwards. Kangaroo justice has arrived in Tonga In April, the editor-in-chief of another Tongan newspaper, namely Kalafi Moala of the Taimi’o Tonga, made a public statement claiming that, contrary to reports circling the Pacific Islands region, Tonga was enjoying full freedom of speech. According to Moala, journalists from other countries, who do not fully comprehend the situation or the Tongan language, car- the region. Moala claimed that there was no “crackdown on pro-democracy newspapers” as had been claimed in certain quarters. As an example he cited his newspaper, which has criticised “government policies and practice in regard to reforms,” without persecution. hey are using this state of emergency regulation to ban people from using the media However, Fusimalohi painted another picture in a radio interview also in April. In a discussion on Australia’s ABC Radio National, he talked about how, following the temporary closure of the Kele’a, he had since been charged with sedition and defamation relating to a reader’s letter printed in an editorial. According to Fusimalohi, the letter referred to Tongan King, George Tupou V, with the Tongan word for ‘bad brains’. his was in response to comments the King had made, referring to the prodemocracy activists as ‘a bunch of thirdworld idiots.’ Fusimalohi was subsequently charged for printing defamatory comments regarding the King, and for inciting anger and ha- The government was on the defensive again in July, following complaints from the Tongan Broadcasting Commission (TBC) that they had been banned from accessing video and audio recordings of the day’s parliamentary proceedings. he Attorney General, Alisi Taumoepeau, spoke out in the matter, saying that the decision to withhold the recordings came from the legislative assembly, and not from the Tongan government. his decision was apparently based on concerns over biased reporting. Taumoepeau pointed out that the minutes of all the proceedings were available, and that the media officer for the Legislative Assembly released reports. She also told Radio Australia’s Pacific Beat programme that as Tonga was still recovering from the riots of last November, there were concerns that the media could inflame the situation. Sadly, in December, Tavake Fusimalohi passed away at the age of 68, before hearing trial and being given an opportunity to clear his name. In October, he had been presented with an award by the Media Association of the Solomon Islands, and prior to that he had been awarded the 2007 Pacific Media Freedom Award by PINA. He had not been allowed to leave Tonga to receive his awards. Just over a week after his death, the government brought fresh charges against the Kele’a relating to an article in November detailing what it claimed to be overly large remunerations of the Prime Minister and Deputy Prime Minister. he government described the claims as “outrageous falsehoods,” and requested that they be submitted to the Courts for action. ● 2007 World Press Freedom Review Vanuatu E fforts continued in Vanuatu this year to establish the Freedom of Information laws and to abolish the Secrecy legislation reported in last year’s World Press Freedom Review. he organisations active in pushing for change are the Media Organisation of Vanuatu (MAV) and Transparency International’s Vanuatu chapter (TIV). In May, the Prime Minister’s First Political Adviser, George Bogiri, gave a statement during events held to mark World Press Freedom Day in the nation’s capital, Port Vila. Bogiri, speaking on behalf of Prime Minister Ham Lini, said that the government recognised the “significant role that the media played in the development of the country,” but reminded journalists of Lini’s 2005 statement asserting that “media freedom does not give those in the industry the right to cause instability in their reporting.” He also called on journalists to adhere to the code of ethics established in 2006. TIV welcomed the government’s moves towards engaging civil society in the drafting of a Freedom of Information bill, with TIV President Marie-Noelle FerrieuxPatterson stating that the government’s willingness to work with those outside is encouraging. She also went on to compare the media situation in Vanuatu to that in Fiji, stating that whereas Vanuatu is currently in a better position than it has been in the past, the situation in Fiji has worsened. Media freedom does not give those in the industry the right to cause instability in their reporting “[T]here are ups and downs in each of our islands, so it’s good to have a law that is worked together by the government and the civil society, and in this case especially the journalists’ association,” continued Ferrieux-Patterson. A two-day programme organised by MAV and staged on 3 and 4 May marked this year’s World Press Freedom Day celebrations in Vanuatu. his was the first time that events of such a magnitude have taken place. A peaceful march through Port Vila ending at the premises of Vanuatu Broadcasting and Television Corporation (VBTC) was followed by an events programme at the VBTC compound, which included speeches by Bogiri and Nicolas Berlanga Martinez, the Charge d’Affaires of the European Delegation in Vanuatu. Domestic talent Vannesa Quai also performed some songs from her upcoming album. he second day of the programme included a workshop for NGOs and government officials on ‘understanding the media’ and ‘how to write a media release’. In addition to this, an open day was organised for 20 students from the Media Club of the Neil homas Christian University, during which the students selected were taken on visits to all of Port Vila’s media outlets. MAV President Moses Stevens described the support shown by members of the media and general public during the event as “remarkable,” stating that “it was the first time that those in the media industry have marched to proclaim media freedom and to embark on a programme to educate civil society on how to use the media as an important tool in the development of the ● communities.” 153 World Press Freedom Review 154 2007 Little by little, less space to move Europe In 2007, the coldblooded murder of Hrant Dink was a stark reminder of the dangers inherent in criminal insult laws A larm bells rang in Europe this year as governments both at tempted to and, in some cases, successfully managed to introduce legislation that is damaging to press freedom. A worrying trend was the increasing tendency of governments to attempt to limit freedom of information, and at the same time to attempt to force journalists into revealing their sources. Very often, “security concerns” were given as the reason behind the measures. Reminiscent of 2006, death threats were made against a Swedish editor in response to his printing of caricatures of the prophet Mohammed, and 2007 also saw the viciously premeditated murder of popular TurkishArmenian journalist Hrant Dink. 2007 also saw the viciously premeditated murder of popular Turkish-Armenian journalist Hrant Dink Death Watch Region (3) Dink was gunned down at close range and in cold blood by a youth in an Istanbul street outside the office of his newspaper, Agos, on 19 January. He died at the scene. His killer had strong nationalistic tendencies, and the murder raised the volume of calls for the removal of Turkey’s infamous Article 301, which criminalises insults to “Turkishness”, from Turkey’s penal code. It is believed that Dink’s conviction for breaching Article 301 for his writing concerning the massacre of Armenians during the First World War may have raised his profile as a target. At the end of 2007, despite pro mises from government members, Article 301 had yet to be amended. Germany and France had major issues with protection of sources this year. A controversial amendment to German telecommunications law means that, as of 1 January 2008, all telecommunications providers are required to retain all customer communication data for a period of six months. This data could be made available to law enforcement agencies, which means that journalists’ ability to retain the confidentiality of their sources has been seriously jeopardised. This came on the back of a generally positive year in Germany, where the Constitutional Court found that the search of a journalists’ apartment and the offices of Cicero magazine in 2005 was unconstitutional. France had similar difficulties this year, with several journalists being subjected to attempts to extract the sources of their information. In the United Kingdom, a protracted wrangle over proposed amendments limiting the recently introduced Freedom of Information Act was a cause for concern. The debate is likely to continue in 2008. The murder raised the volume of calls for the removal of Turkey’s infamous Article 301 Press freedom issues also arose in countries that are usually exemplified for their freedom of speech records. In Sweden in September, editor-in-chief of the regional newspaper Nerikes Allehanda received death threats from Islamist 2007 World Press Freedom Review 155 extremists, after allowing the publication of caricatures that pictured the head of the prophet Mohammed on the body of a dog, and in Finland, a photographer for the Suomen Kuvalehti, Markus Pentikäinen, was arrested while carrying out his profession and taking pictures at a demonstration in Helsinki. Pentikäinen was taken into detention for 18 hours without being given the chance to consult a lawyer or his colleagues at the weekly magazine. Pentikäinen was subsequently charged with disobeying police orders and received a criminal record. In Sweden in September, editor-in-chief of the regional newspaper Nerikes Allehanda received death threats from Islamist extremists Europe’s worst press freedom offenders continued to decline in 2007. In Belarus, the repressive regime of Alexander Lukashenko has all but silenced any opposition voices, and this year saw the first arrest in that country for content posted online. In Russia, freedom of speech took ever more knocks in the run up to the elections, and the country proved that it remains a dangerous place to practice journalism. The death of Kommersant journalist Ivan Safranov was explained by authorities as a suicide, although family and friends remain convinced that the reporter did not take his own life. Safronov fell to his death from a stairwell window on 2 March, not long after he had claimed that he was facing criminal investigation for information he planned to publish revealing state secrets. Azerbaijan held the dubious title of Europe’s main incarcerator of journalists. Nine journalists were in prison in the country in 2007, although all but three were released at the beginning of 2008. Many of the charges under which the reporters found themselves under lock and key were described as “trumped up” or “fabricated” by the victims; this, along with the squalid conditions in which they are kept, lead them to stage protests and hunger strikes. In addition to this, concerns were voiced in some of the European Unions newest members. Poland continued to Turks march to protest the killing of Turkish Armenian journalist Hrant Dink, in the poster, in Ankara, late Tuesday, Jan. 23, 2007. More than 100,000 people marched in a funeral procession for Dink in Istanbul. AP Photo infringe on press freedom, and became the first European Union country to imprison a journalist for criminal defamation. Draft amendments to Slovak media law introduced in the parliament towards the end of the year, which would greatly expand the right of reply, could effectively hand newspaper space to anybody mentioned in that particular newspaper. Editorial independence would thus be severely compromised, and the danger that such an extensive right of reply law could lead to self-censorship of critical journalism would be very clear and very present. Slovene journalists claimed to have created a “bunker”, in which they kept commissioned articles that, due to their critical slant, were not put to print In Slovenia, a petition signed by 571 Slovene journalists called for a stop to government pressure on the media. It has been claimed that, through the manipulation of state financing and state holdings in private companies, government influence has been exerted in the hiring and firing policies of some of the Slovene independent press, leading to different forms of censorship on critical reporting. Some Slovene journalists claimed to have created a “bunker”, in which they kept commissioned articles that, due to their critical slant, were not put to print, while other print media talked of losing advertising contracts with state run companies, which they believe to be due to their political stance. In response to these claims and others, IPI conducted a factfinding mission to Slovenia in November to interview media workers. Following the mission, IPI restated its call for the establishment of an independent commission to investigate the matter. By the end of 2007, such a commission was yet to be established. COLIN PETERS World Press Freedom Review 156 Albania By South East Europe Media Organisation (SEEMO), Vienna For more information about media developments and press freedom in Albania, please see the SEEMO Media Handbook 2007/2008 O n 9 April, at around 21.30, an amount of TNT exploded in the car of MP and Zeri i Popullit editor-inchief Erion Brace. The explosion occurred only minutes after Brace had parked and walked away from the vehicle. Fortunately nobody was hurt, despite the explosion happening in a public place. TNT exploded in the car of MP and Zeri i Popullit editor-in-chief Erion Brace On 9 May, the Albanian Helsinki Committee (AHC) publicly stated its concerns surrounding the National Council on Radio and Television (NCRT) order to remove the antennae of televisions Vizion+ and Top Channel from Tarabosh. The antennae enable the dissemination of the broadcaster’s signals in the territory of Shkodër. This drastic and unilateral decision was justified by the need to implement existing law, according to the AHC. AHC is of the opinion that bureaucratic delays and lack of political will are the main reasons for the failure to amend relevant legislation in a timely manner, and expressed its concern at the fact that the NCRT order initially targeted the biggest television stations, which have a track record attesting to their informative and educational role. SEEMO sent an 18 July protest to officials in Tirana, after Albanian tax officials imposed a US$1 million fine on Top Media, owner of Albania’s most popular TV station, Top Channel, for unpaid tax. SEEMO stated its belief that any fine handed down to the media should be proportional, and should not be designed to punish the media, harm its commercial viability or drive it into insolvency. SEEMO also stated its belief that, in Albania, economic pressure is one of the main ways of undermining the media. With this in mind, SEEMO called on the government to do everything possible to invalidate the fine. ● 2007 Armenia T he Prime Minister, Andranik Margaryan, died suddenly of a heart attack in March 2007 after nearly seven years in office. Former Minister of Defence Serzh Sargsyan, who in turn received electoral backing following scheduled elections in May, succeeded him. The elections were, however, criticised by certain observational bodies, including some involved in media monitoring. Prior to the elections, in April of this year, the United States Mission to the OSCE had urged that the government do “all in its power to guarantee full freedom of the media, freedom of assembly, and freedom of expression” with the aim of creating a “campaign environment of free and open competition.” Concerns that had previously been voiced by international organisations centred on the lack of diversity in the viewpoints presented by the media, traceable to the high level of influence that political and business interests have over the media. Concerns voiced by international organisations centred on the lack of diversity in the viewpoints presented by the media The campaign environment was regulated by the Armenian Election Code, which lays out detailed obligations with which the media must comply. These obligations include the provision of free and paid airtime to all contestants. In general, these obligations were adhered to, although discrepancies did arise in the scheduling of party political broadcasts and the inconvenient ‘blocks’ in which they were broadcast. The high cost of paid advertising also meant that few contestants actually made use of it. In terms of media coverage of the election, OSCE Media Monitoring reports that State run radio and television broadcasters performed well, pursuing “an editorial line that would guarantee equal conditions for contestants.” The neutrality of public television broadcaster H1 was called into question on at least one occasion, after they neglected to air a response by one of the candidates, Orinats Yerkir, to comments made by President Robert Kocharian, although Kocharian’s comments themselves were broadcast twice. The OSCE described this incident as a failure to “uphold journalistic standards.” Early in the year, there was a slight improvement made to the laws concerning the “Rules of Procedure of the National Commission on Television and Radio (the Commission).” A set of amendments was adopted at the end of February, and signed by the President on 20 March. According to the amendments, the Commission is now to be considered an “independent regulatory body,” which in turn “ensures the freedom, independence and diversity of the broadcasting media.” Other changes were also made to the procedure for nominating the Commission members. Although the changes were welcomed by Human Rights organisation Article 19, who described them as a demonstration of “the government’s political will to improve existing legislation,” they were at the same time criticised for not going far enough, and concerns still remain as to the true independence of the Commission; previously, all nine members of the Commission were selected by the president of the republic. This has been changed, and henceforth the number of Commission members will be eight, half of which will be selected by the President, the other half by the National Assembly. The problem remains, however, that selection remains entirely in the hands of politicians. The government’s will to change was further questioned three months later, after attempts to pass a package of draft laws through the National Assembly that would severely affect the operation of independent foreign media. The first draft law concerned an amendment to Article 28 of the Law “On Television and Radio”, and would result in the prohibition of the activities of other broadcasters on the frequencies held by Armenian public television and radio. The second concerned an addition to Article 19 of the Law “On State Taxes”, and would mean that any retransmission of foreign broadcasts via private media would incur fees 70 times more than those for broadcasting programmes that were produced locally. The proposed amendments were viewed with much concern by the media and media experts, and were deemed by some to be an attempt to stop broadcasts of the Armenian Service of Radio Free 2007 World Press Freedom Review Europe / Radio Liberty. The same laws would also cause problems for programmes from the BBC, EuroNews and Deutsche Welle. A 29 June joint statement was released by organisations representing the journalist community condemning the draft laws. Fortunately, the laws failed to pass the Armenian parliament on 2 July. Armenia continued to be a potentially dangerous location for journalists in 2007, with isolated incidents of harassment and assault, and at least once incident of a journalist being forced to face criminal proceedings due to Armenian libel legislation. On the evening of 8 February, the car of Ara Saghatelian, Chair of the Editorial Board of Im Iravunk newspaper and ‘panorama.am’ news portal, was set on fire in the centre of the Armenian capital Yerevan. The arson attack was carried out in the car park of the editorial offices, several minutes after Saghatelian had arrived for work. Following the attack he found a bottle with petrol still spilling out of it on the car roof, plus two other empty petrol bottles nearby. Attacks against the vehicles of Armenian journalists seem to be a recurring phenomenon, with eight attacks since May 2001, including one in January of this year involving yet another arson attack against the car of football commentator Suren Baghdasarian. In every case, the journalists have linked the attacks to their professional activities, and in none of the cases as yet has anyone been brought to justice. The neutrality of public television broadcaster H1 was called into question on at least one occasion Also on 8 February, legal proceedings started against journalist Gagik Shamshian, who was charged with Part 1 of Article 136 (Insult), Parts 1 and 2 of Article 178 (Cheating) and Part 1 of Article 182 (Extortion). The episodes involved in the case date back to between 2002 and 2005. The incident involving the charge of insult was consequently dropped as the court found no corpus delicti. However, on 6 June, Shamshian was found guilty of cheating and embezzlement, the facts 157 of the case based on the receipt of approximately US$750 from an unnamed citizen, paid to Shamshian after he agreed to mediate in a criminal case. Shamshian apparently failed to carry out that which he had promised, and was handed a 2.5year suspended sentence, although he later claimed that he was being persecuted for his professional activities. Attacks against the vehicles of Armenian journalists seem to be a recurring phenomenon In one of the most alarming incidents in Armenia this year, the editor-in-chief of Iskakan Iravunk newspaper, Hovhannes Galajian, was severely assaulted. The assault took place on 15 September at approximately 19.00 at the newspaper’s editorial office, while Galajian was leaving the premises to attend a meeting with someone he believed to be a correspondent from the Armenian daily AZG. While descending a staircase, he was first kicked in the head and then struck with batons. He was later taken to hospital with concussion and bruises. This was the second case of violence against Galajian, who was beaten last year at the entrance of his home. Those guilty of the assault have not been found. Gala TV found itself facing pressure from the Armenian authorities at the end of October. Tax officials paid a visit to the company’s headquarters on 24 October, and informed the broadcaster’s owner, Vagan Khachatryan, that the next audit would start in three days time. Journalists at the broadcaster linked the sudden appearance of the taxmen to the fact that Gala TV was among the few broadcasters to air a speech a few days previously by former president, Levon Ter-Petrossian. Judicial proceedings commenced against Gala in the Economic Court in December, in which the plaintiff, the mayor’s office of the town of Gyurmi, demanded that Gala’s mother company cease using the city television tower and dismantle the equipment it has located within it. According to Khachatryan, the tower had only verifiably been the property of the city administration since November, and previous attempts of his to find out who the owner was had failed. In the mean- time, since using the tower, Khachatryan claimed that his company had repaired and reinforced it. Finally, an explosion occurred outside the office of the Chorrod Ishkhatyun newspaper on 13 December. The explosion damaged the office door, but fortunately no one was injured and no equipment was damaged. Tagui Tovmasyan, a reporter with the paper, claimed later that the head of the prime minister’s security service had threatened her prior to the explosion. At year’s end, the matter was under investigation by the Yerevan police. ● World Press Freedom Review 158 2007 Austria A ustria’s tough privacy laws were used as a shield by health care officials this year, when authorities in the LinzUrfahr region sued for damages against a string of media organisations for reporting on failures in the childcare system. In addition in 2007, the European Court of Human Rights (ECtHR) returned verdicts on four cases stating that Austria had impinged on press freedom. In April, a story that broke in the newspaper Österreich and was picked up by other organisations, including state broadcaster ORF, caused the healthcare authorities to sue for a breach of the right to privacy. The reports concerned a mentally ill lawyer in the Linz-Urfahr region who had kept her three daughters locked up for seven years. According to a report in the British media, the three girls had become so isolated that they had even invented their own language and given names to the rats that lived in the rubbish on the property where they were imprisoned. Neighbours laid the blame at the feet of social workers for failing to check up on the children, and once the girls were freed in 2005, the matter was kept secret, ostensibly to protect the girls from media intrusion. The legal case was being brought against the media organisations by the social services on behalf of the three children. ORF has already been fined approximately US$34,000 for publishing reports on the matter online and on teletext, and the managing director of Österreich, Gert Edlinger, himself the subject of legal action in the matter, described the case as a “scandal,” stating in November that: “If they win this case it will mean that the Austrian media is unable to report in future over the failings of officials because those same officials can invoke the privacy laws and claim to be acting in the children’s interests.” “The very same disgraced officials who let these children down so badly and were justifiably criticised are now using their powers to act on behalf of the children to take legal action against the media that exposed their failings,” continued Edlinger. In March, Article 19 released a press statement timed to coincide with the start of the UN Human Rights Committee audit of Austria’s compliance with its obligations under the International Covenant on Civil and Political Rights. Article 19 also submitted a report of its own to the auditory commission, calling on it to “question the Austrian government on the large number of defamation cases in the country, the high degree of media concentration and apparent State control over the national public broadcaster, and poor implementation of the right of access to information.” In the report, Article 19 points out that the ECtHR has found Austria “in violation of the right to freedom of expression in fifteen cases over the last eight years, the majority of them defamation cases.” According to Article 19, this shows “a systemic failure of Austria’s legal system in this area.” The report singles out that “a large number of defamation cases in Austria are brought by public officials and even judges themselves, and that they often won, indicating a lack of acceptance of the principle that public officials should tolerate more criticism than private individuals.” Indeed, as stated above, the pattern of a comparatively high number of Austrian defamation verdicts being overturned at Europe’s highest court continued this year. To mention one case, a decision against the Falter newspaper was overturned in February, when the ECtHR found there to be a violation of Article 10 of the European Convention on Human Rights. The case involved a 2002 article printed in the Falter, which questioned judicial proceedings against inter alia a Freedom Party (FPÖ) member Hilmar Kabas. The article commented on what was known as the “informer affair”, in which police officer Josef Kleindienst confessed to handing over secret police data to FPÖ politicians, and questioned why certain politicians including Kabas did not receive the same treatment as some of the defendants at the trial. In the article, the Falter wrote that: “Kleindienst had not only stated that he had been bribed by Kabas; he also confessed to having handed him a secret file on nuclear crime. Subsequently, according to Kleindienst, they celebrated this coup over boiled beef in the Plachutta restaurant together with a Krone reporter. The judge believed Kleindienst’s version of events and convicted him of abusing his office. Kabas should really also have been convicted by this stage as the person receiving the file. Kabas admitted having met at Plachutta but denied having taken possession of a file. The justice system also believed this version, resulting in a grotesque situation in which the person who had handed over the secret file was convicted but the high-ranking official who had received it walked away free.” Kabas instituted proceedings claiming compensation under section 7b of the Media Act, his claim was upheld and the Falter was ordered to pay almost US$ 4000 in compensation, to publish the judgment and to pay Kabas’ costs of the proceedings. The Falter appealed to the ECtHR. At the hearing, the Austrian government acknowledged that there had been an interference with the Falter’s rights under Article 10 of the Convention. They contended, however, that it was prescribed by law and “necessary in a democratic society” within the meaning of § 2 of Article 10. The ECtHR disagreed, finding that “the domestic courts restricted the applicant company’s freedom of expression while relying on reasons which cannot be regarded as sufficient and relevant. They therefore went beyond what would have amounted to a ‘necessary’ restriction on the applicant company’s freedom of expression.” The state was ordered to pay pecuniary damages and to cover the Falter’s costs. Also in 2007, Danish cartoonist Jan Egesborg was arrested in Vienna for putting up posters portraying an image of the Russian President, Vladimir Putin, at the centre of a target. The poster also carried a sentence questioning whether Putin was complicit in the shooting of journalists. Egesborg’s hotel room was also searched by the authorities. According to an IPI press release on the matter, police authorities in Vienna said the use of the target may incite or encourage others to commit a crime. Egesborg, however, contended that the poster falls within European standards of freedom of expression and, as such, merely questions President Putin’s commitment to press free● dom in Russia. 2007 World Press Freedom Review 159 Azerbaijan C ontinuing on last year’s trend, the press freedom climate worsened in Azerbaijan in 2007. Reporters and editors continue to be threatened, assaulted and imprisoned for performing their job, and at the end of the year Azerbaijan held the dubious distinction of being the European country with the highest number of incarcerated journalists. The new year started as the old one had ended, namely with violence. On 11 January, reporter Sarvan Rizvanov was physically attacked while covering a protest in Baku held by Azeri taxi-drivers. Police arrived at the scene of the protests, which they promptly tried to disperse. However, Rizvanov refused to hand over either his Dictaphone or his camera, and was attacked by a police officer who was later identified as Javanshir Gurbanov. While attacking Rizvanoz, Gurbanov also referred to the dangers of writing stories that “run counter to statehood.” Rizvanov, who is a correspondent for the TURAN news agency, was not the only journalist to face violent repercussions for carrying out his work this year. In September, a vicious assault was carried out on a journalist of the Nakhchivan region, Hakimeldostu Mehdiyev. The total number of journalists behind bars at the end of 2007 was nine, making Azerbaijan the biggest incarcerator of the media in Europe Mehdiyev, a correspondent for the Yeni Musavat, received a visit in the second week of September from a journalist representing another press outlet, namely Babek Bakir of Azedlig Radio, who was in the process of preparing a special report on the autonomous region. Mehdiyev assisted Bakir with information on the migrant and forced labour situations in the province, and the completed article was subsequently released on 17 September. On 22 September, Mehdiyev was beaten by several policemen in the centre of his village, in front of numerous eyewitnesses. He was arrested and driven elsewhere, where he was again beaten and ordered to collect his family and belongings and leave the country. Upon arriving at home, Mehdiyev reported the entire Azerbaijani President Ilham Aliev, center, and his visiting Iranian counterpart Mahmoud Ahmadinejad, Tuesday, Aug. 21, 2007. (AP Photo/Oqtay Mamedov) incident to the press. The following day, on the 23 September, Mehdiyev was once again taken away by the police, and sentenced in a flash trial to 15 days in prison. Despite requests, he received no medical attention for the injuries he had suffered the previous day. The treatment dealt out to Mehdiyev received widespread condemnation from Press Freedom and Human Rights organisations. U.S. embassy officials had also planned to visit Mehdiyev in prison during the course of a scheduled visit to Nakhchivan province on 27 September. However, prison guards released him prior to their arrival, stating that he had been “forgiven.” Mehdiyev, who claims to have been beaten and tortured while in prison, still managed to take pictures of some of his injuries using his mobile telephone, which he then sent to the Azerbaijan based Institute for Reporter Safety and Freedom (IRSF). Following his release from prison, Mehdiyev was unable to find a doctor willing to treat him, until he registered himself in hospital under a false name. Equally as worrying as the authorities’ willingness to use violence against journalists who criticise the government is their readiness to imprison them. The total number of journalists behind bars at the end of 2007 was nine (although five were released in a presidential pardon at the beginning of January 2008), making Azerbaijan the biggest incarcerator of the media in Europe. This figure, however, doesn’t really give a true indication of the extent to which imprisonment is used as a tool by authorities, as even more journalists were kept in pre-trial detention or imprisoned and released within the space of the last year. Mehdiyev’s example is just one case of an unjust imprisonment. Similar incidences punctuated the year, for example, Radio Free Europe / Radio Liberty correspondent Ilgar Nasibov was sentenced to three months imprisonment concerning an article which he claimed to have had nothing to do with. He was released a couple of weeks later. Such incarcerations, although short-lived, are bound to have an impact on how journalists perform, knowing that the threat of being whisked off and placed in a cell is very real. A much publicised example of a journalist enduring an unjust imprisonment is that of Sakit Zahidov, who was initially arrested by agents of the Interior Ministry’s Department to Combat Drug Trafficking in June of last year. Zahidov was reportedly found with large quantities of heroin on his person, which he 160 World Press Freedom Review 2007 Belarus maintains were planted on him, and initially faced charges of intent to sell. Prosecutors were unable to produce evidence to support their case, so reduced the charges to possession. In October of last year, Zahidov was found guilty and sentenced to three years in prison, and an appeal and request to allow testimonies from defence witnesses was subsequently rejected in December. Concerns regarding Zahidov’s state of health were already being expressed by fellow journalists towards the end of last year. Zahidov suffers from a serious heart condition, and while in prison was refused the chance to receive adequate medical attention. By March, Zahidov’s wife was raising further concerns about the deterioration of his health, stating that his chest and heart problems had increased, his circulation had become poor, and that he had developed stomach ulcers due to the poor quality of food which he was provided. Nevertheless, the prison authorities refused to transfer Zahidov to a hospital for treatment or to allow him to see a doctor. Fatullayev was sentence to thirty months in prison with in relation to an article posted on the Internet, which he denied even writing It wasn’t until the end of July that Zahidov was finally transferred to the Chief Medical Department of the Justice Ministry’s Penitentiary System, where he could be treated for his ailments. However, he was transferred back to prison within three months. Upon his return on 20 October, he started a hunger strike in protest, and an appeal concerning his imprisonment was sent to the European Court of Human Rights on 5 November. However, the victimisation continued when Zahidov’s brother and editor-inchief of Azadlig, Genimet Zahidov, was arrested on 10 December. Genimet had been assaulted in the street a few days earlier, and had wound up in a scuffle. He reported voluntarily to the police, only to find that assault charges were to be filed against him. Initially, he was detained incommunicado, and not allowed any contact with colleagues. Despite action by several parliamentarians to secure the release of Genimet, who was not only the sole breadwinner in his family, but was also supporting Sakit Zahidov’s children, his detention continued. A series of hunger strikes by the Zahidov brothers ensued, where they were joined by other imprisoned journalists as a mark of solidarity. Both of the Zahidov brothers remain in jail. Another case which received widespread condemnation this year was that involving Eynulla Fatullayev, editor of the Russian-language Realny Azerbaijan weekly and Gundelik Azerbaycan daily newspaper, who was imprisoned on 20 April this year. Fatullayev was sentence to thirty months in prison in relation to an article posted on the Internet, which he denied even writing. However, more charges were levelled at Fatullayev while serving the initial sentence, and in October he was convicted of “threatening terror and inciting national, religious and ethnic hatred” in a newspaper article that appeared in Realny Azerbaijan on 30 March 2007 titled “The Aliyevs are Going to War”. The article, written by Fatullayev under the pseudonym Rovshan Bagirov, warned of the dangers Azerbaijan could face should the US enter into war with Iran. In the article, Fatullayev criticised the government for supporting a UN Security Council resolution tightening sanctions on Iran in light of their uranium enrichment projects. According to Fatullayev, such support would not be overlooked by Iran in the event of war. IPI criticised the sentencing of Eynulla Fatullayev in a public statement in which then IPI Director, Johann P. Fritz, stated that, “The additional sentencing of Eynulla Fatullayev on charges related to his work represents a further decline in the state of Azeri press freedom,” and urged that the authorities “release Fatullayev, along with all other Azeri journalists currently held in prison on charges related to criminal defamation, and ensure that they are allowed to continue their work as journalists without further harassment or intimidation.” ● I n recent years, political power in Belarus has been increasingly concentrated in the hands of the country’s president, Alexander Lukashenko. Since the last presidential election in 2006, the regime has tightened its control over civil society, and the few independent mass media outlets still in operation are reduced to working under very difficult conditions. As a result, Freedom House included Belarus in the 10-country list of “the worst press freedom abusers” in 2007. The US Department of State has ranked Belarus among 13 “countries with continually poor records on press freedom” and the OSCE’s Representative on Freedom of the Media admitted that the situation regarding press freedom has not improved in Belarus in 2007. Belarus was also ranked 151st among 169 countries in RSF’s press freedom rankings. The organisation accused Lukashenko of “virtually eradicating the independent media” and returning Belarus “to the era of clandestine publications.” For the first time, an arrest was made for an article posted online In 2007, freedom of expression in Belarus was severely curtailed. The government maintained a near monopoly on the press and television while restricting the distribution of private newspapers. Consequently, the free media has almost disappeared, or been forced underground. Moreover, the law on media currently in force is being used as a means to punish critical journalists, the Criminal Code providing harsh penalties. The Belarusian Press Law bans the mass media from publishing state or other protected secrets, and under the law, anyone portraying the president or the country in a bad light may be punished by up to two years’ imprisonment. Various other forms of harassment against independent journalists, including arbitrary arrests, were used in 2007; Journalists were detained on politically motivated charges, state authorities routinely used bureaucratic measures to close newspapers, or prevent them from printing, or even to confiscate entire press runs. Consequently, citizens’ access to information that was not state controlled was limited. 2007 World Press Freedom Review In February, two independent newspapers were threatened with closure for not having registered premises. Vitebsky Kurier, an independent bi-weekly based in Vitebsk, appealed to the commercial Supreme Court on 20 February against an order issued by a lower court on 12 January according to which it would be evicted from its premises on 23 February. Another independent newspaper, the Minsk-based Nasha Niva, was also threatened with suspension and closure when it was accused of using a fictitious and unregistered address. Arrests of civilians, opposition and civil society activists alike increased this year. For the first time, an arrest was made for an article posted online. Opposition activist Andrei Kilmau was arrested in April on a charge of “inciting the regime’s overthrow” in an Internet article in which he was critical of Lukashenko and examined options for changing the political system in Belarus. The “European March” on 14 October was a key opposition event this year. Several thousand demonstrators took to the streets of Minsk amid a heavy police presence to call for greater political freedom and closer links with the EU. Police reportedly detained more than 30 opposition supporters in the run-up to the demonstration. Police prevented others from leaving their homes. A few days before the march, all opposition websites ceased running. Youth leader Andrei Kudin was detained on 21 September for distribution of the Vibar newspaper, which had been reporting on the European March. He was taken to the Partisansky district court of Minsk and fined. The judge concluded that the activist called on people to participate in the unsanctioned action. On 12 October, RSF condemned the arbitrary arrests of journalists Ivan Roman and Ihar Bantsar, seen as way to prevent them from attending a demonstration planned by the opponents of Lukashenko. Roman went on hunger strike after learning he had been sentenced to five days in prison. Bantsar, the editor of the magazine Polski na Uchodzstwie, was arrested on 10 October. The media were not allowed to attend Roman’s trial, at which he was given the five-day sentence for “filthy language.” The police also arrested leading opposition figures on 9 and 10 October with the apparent aim of holding 161 People carry a wooden cross in the Belarus capital Minsk on Sunday, Oct. 28, 2007, during an annual march commemorating the victims of Stalinist purges. Several hundred opposition activists took part in the authorized march from downtown Minsk to a site of Soviet-era mass executions on the outskirts of the capital. (AP Photo/Sergei Grits) them for four or five days so that they could not attend the march. Other journalists from Polski na Uchodzstwie, the newspapers Nasha Niva, Glos znad Niemna and the weekly Mestnaya Gazeta, were the victims earlier this year of similar preventive measures against the government’s opponents. The law governing the registration of activities is vague, leaving considerable room for arbitrary interpretation There were severe problems with media outlets’ distribution and registration in Belarus this year. The law governing the registration of activities is vague, leaving considerable room for arbitrary interpretation. Legislative and administrative measures taken by the government of Belarus were behind a steady decrease in the number of independent media outlets in 2005. There are very different ideas in different parts of the Belarusian society of what freedom of speech is. The Government denies the existence of any problems restricting the operation of media outlets. However, many fear that the gov- ernment is attempting to bring all spheres of society under state control. On the one hand, the government is reluctant to provide much information to media outlets. On the other side, there is a need for to separate the government from the media. Anatol Lemyashonak, chairman of the pro-government Belarusian Union of Journalists, has denied the existence of any problems restricting the operation of media outlets in Belarus. He also referred to international organisations’ critical reports on press freedom in Belarus as a “normal phenomenon.” There were moves made by Belarus to control the Internet, including the regular blocking of the websites of independent media outlets, opposition parties and non-governmental organisations. In February, RSF condemned a decree adopted by the council of ministers which forces owners of cybercafés and Internet clubs to report internet-users looking at illegal websites to the police. The new law, approved on 10 February, also obliges proprietors to record the last year of Internet navigation on their computers. “Moreover, since the state already has a monopoly on internet access, through the company Beltelekom, cybercafés were the last resort of anyone wanting to post critical news without risk of arrest,” the organi- World Press Freedom Review 162 2007 Bosnia and Herzegovina sation added. RSF also voiced concern about deputy information minister Alyaksandr Slabadchuk’s announcement on 20 August that a working group is being set up to look at the “internet’s legal regulation.” Slabadchuk acknowledged that existing civil and criminal law provisions already apply to the Internet, but he defended the working group’s creation on the grounds that it was hard to identify those responsible for online violations, and that the media law did not apply to Internet activity. The announcement came two weeks after Lukashenko threatened to put an end to “anarchy” on the Internet. The worries are that Belarus authorities are really seeking to censor opposition websites and independent media and that new conditions for targeted prosecutions against Internet users could be established. This way the authorities increase the pressure on independent online publications, including blogs, and encourage self-censorship. The OSCE had discussions with Belarus on a bill that would govern the electronic media. The legislation in this regard is restrictive and affirmative, a problem being the registration requirement for media outlets. There are concerns about a parliamentary committee’s bill that could require all online publications to register. As such, changes should occur in Belarusian regulations and the barriers restricting freedom of press should be removed. ● By South East Europe Media Organisation (SEEMO), Vienna For more information about media developments and press freedom in Bosnia and Herzegovina, please see the SEEMO Media Handbook 2007/2008 B osnia and Herzegovina (BiH) is divided by the Dayton Peace Agreement into two entities, the Bosnian Serb Republic (Republika Srpska) and the Federation of Bosnia (Federacija). In the OSCE report “The State of Freedom of the Media in Bosnia and Herzegovina” from 29 March, it is stated that BiH has “one of the most advanced mechanisms of regulation in Europe, used by citizens, institutions, public officials, political parties and other interested parties.” Within the year 2007, Free Media Help Line (FMHL) registered 15 threats and acts of pressure on journalists, four physical attacks, three denials of information, five working disputes and one registered complaint against a journalist. On 12 January, BiH Journalists’ Association (BHJ) protested against the decision of the Government of Republic of Srpska (RS) to boycott the national TV station BHT1 and withhold statements to BHT1 journalists. The RS government justified their decision by claiming BHT1 political bias. On 16 January, Slobodan Vaskovic, the editor-in-chief of the Banja Luka magazine Patriot, began a hunger strike in front of the parliamentary building in Banja Luka. The hunger strike, claimed Vaskovic, was caused by the pressures from certain government officials to close down the Patriot. The hunger strike was put to a stop two days later, after doctors found Vaskovic’s medical condition alarming. On 29 January, RTV Mostar was filming a news item on the Constitutional Court’s decision to remove all entity signs from institutions in front of the Federal Government building in Mostar, when they were threatened and suffered verbal abuse from a public security officer. They were also physically pushed. BHJ and FMHL reacted to the matter. While on vacation on 30 January, a journalist from Nezavisne Novine received threatening SMS messages. The police reacted promptly and provided protec- tion, as well as investigation of the case, FMHL reports. On 8 March, Federal Television broadcasted a TV news item on higher education in Srednjo-bosanski Canton, and the author Nadja Ridjic was subsequently verbally attacked by the Deputy Minister of Education and the Dean of the Private Law Faculty in Travnik regarding the report. On 14 March FMHL contacted the police officials regarding a journalist from Radio Istocno Sarajevo who received a threatening letter and requested a police inquiry into the person that signed the letter, but had received no response from the police for ten days. After FMHL called, the police reacted and confirmed the identity of the person. During a funeral of local wahhab leader Jusuf Barcic on 1 April, journalists were threatened and physically harassed, while the nearby police refused to intervene. BHJ and FMHL contacted the local police and emphasised the importance of police protection for journalists in dangerous situations, especially where the police are a direct witness. On 16 January, Slobodan Vaskovic, the editor-in-chief of the Banja Luka magazine Patriot, began a hunger strike in front of the parliamentary building On 2 April, FMHL requested information on the assault of the Oslobodjenje journalist who was attacked by a police officer that prevented him taking photos. After a series of articles on the activities of the Una-Sana Canton Union of War Prisoners, the author Esad Sabanagic received threatening SMS’ as well as direct threats over the phone. On 22 April, FMHL sent a letter to the police requesting an investigation, and if necessary, special protection for the journalist. At a press conference on 11 June, RS Prime Minister Milorad Dodik made various accusations against NTV Hayat regarding their broadcasting of parts of his interview with the US magazine News Max. On 16 June, the international community’s High Representative for BosniaHerzegovina, Miroslav Lajcak, opposed a 2007 World Press Freedom Review 163 Bulgaria request by Bosnian Croat officials that a special radio and television channel in Croatian be set up as part of Bosnia’s Public Radio and Television. This topic was discussed in the Federation’s Government last week, in which Bosniaks outvoted Croat members. “This proposal leads to ethnic segregation and I will never allow it,” Lajcak said. BHJ expressed their support for the daily Dnevni Avaz regarding an incident that took place on 19 June, when an armed person barged into the Avaz Business Centre and threatened to trigger explosives. The Ministry of Internal Affairs of Sarajevo Canton quickly resolved the situation. On 10 December, the Bosnian-Montenegrin journalist Seki Radoncic received the SEEMO Human Rights Award for 2007. In November 2007 SEEMO organised a meeting of investigative reporters from Bosnia and Herzegovina in ● Sarajevo. By South East Europe Media Organisation (SEEMO), Vienna For more information about media developments and press freedom in Bulgaria, please see the SEEMO Media Handbook 2007/2008 A ccording to the news agency BGNES, around 50 journalists protested at a press conference held in January by the Interior Minister Rumen Petkov in the city of Giorgevo. The protest was a sign of solidarity with journalists who had faced verbal attacks from a government minister earlier in the month. According to information before SEEMO, on 23 February at about 1.40 p.m., Volen Siderov, leader of the ATAKA political party, his deputy, Pavel Shopov, and Dimitar Stojanov, ATAKA Member of the Bulgarian Parliament and Member of the European Parliament, together with a group of party supporters, went to the editorial office of two newspapers, Bulgarian daily 24 hours and weekly 168 hours. Once inside the editorial offices, they demanded to see documentation that justified an article that had been published the previous day concerning alleged financial transactions. The group not only harassed journalists from both publications with verbal abuse, but also made physical threats. One ATAKA politician allegedly threatened to “rip out the liver” of 168 hours editor-in-chief Nikolai Penchev, stating also that he “knew where he lived.” The draft changes breach established international standards on the right to information On 23 May, a letter was sent by Article 19 to members of the Bulgarian National Assembly calling on them to reject proposed legislative amendments that would substantially weaken the national system for access to information. The letter was endorsed by 68 organisations and individuals from around the world. Nonetheless, the proposed amendments passed the first reading at the National Assembly. Many of the draft changes breach established international standards on the right to information, and appear specifically designed to hinder access to public records. The civil organisation “Harmonia” rang the alarm bells at the end of the year, due to the increase in violence against journalists and reporters in Bulgaria, reports BGNES. Harmonia called on the Board of Security, part of the Council of Ministry, to discus the situation. In the year 2007, 15 journalists were attacked, reports the organisation. Bulgarian journalist and investigative reporter Milena Dimtrova received the “Dr. Erhard Busek SEEMO Award for Better Understanding 2007”. Dimitrova, who has been active in fighting corruption in Bulgaria, won the award for her journalism, which “promotes a climate of better understanding among people from different countries and cultures.” She is currently a commentator at the Bulgarian daily newspaper Trud. ● World Press Freedom Review 164 2007 Croatia By South East Europe Media Organisation (SEEMO), Vienna For more information about media developments and press freedom in Croatia, please see the SEEMO Media Handbook 2007/2008 I n a document published on its website on 12 January, the ICTY Prosecution confirmed that it had sought a six-month prison term and a fine of about US$ 80,000 for Croatian reporter Domagoj Margetic. The association “Only Croatia”, of which Margetic is the secretary, said in a statement that putting a reporter in prison because he published the truth was intolerable and inappropriate in the democratic world. On 18 January, the host of a Nova TV show called “Istraga” (Investigation), Robert Valdec, reported to police a death threat he had received following reports aired concerning war crimes. The threat, which was sent via e-mail, was signed, “A Serb from the Serbian Vukovar.” On 22 February, SEEMO sent a letter of protest to Croatian officials asking them to do everything in their power to protect the life of Valdec. The Croatian Journalists’ Association (HND) has asked Croatian officials to fully investigate the threat made against Valdec. SEEMO expressed its full support and called for a fast investigation. On 28 February, Z1 Television journalist Zeljko Malnar was hit on the head with a metal bar and sprayed with pepper spray by an unknown person in a Zagreb café but, according to physicians, he sustained only light injuries. The Croatian Journalists Association (HND) vehemently condemned the assault on Malnar, and called on the police to carry out a quick and efficient investigation so that the perpetrator or perpetrators could be brought to justice. On 12 March, Zagreb County Court Judge Ivana Krsul found former editorin-chief of the web portal index.hr Matija Babic guilty of libelling former Foreign Affairs Minster Miomir Zuzul and his wife. Babic was given a warning and was ordered to pay the court expenses. In his interview for Slobodna Dalmacija, published in 2004, Babic accused Zuzul of corruption. Jutarnji List daily columnist Ivan Zvonimir Cicak received a death threat on the 13 April by mobile phone. Cicak pointed out that he had received the threat due to his column in a Saturday edition of the daily. Zagreb Police confirmed that Cicak reported the death threat, but declined to reveal the details. Also in April, the Croatian Journalists Association and the Trade Union of Journalists of Croatia issued a statement protesting the replacement of the editor-inchief of Croatian Radio Karlovac, Milorad Bozic, calling it a politically motivated decision in an election year. Journalist Zeljko Malnar was hit on the head with a metal bar and sprayed with pepper spray by an unknown person in a Zagreb café And on the 20 April, the Croatian parliament, on the recommendation of the Media Committee, relieved Danko Bljajic from his post as the Croatian Radio and Television (HRT) Programme Council for physically assaulting a Council member and insulting other Council members. On 12 July, the opposition criticised the Government-sponsored Draft Law on Data Confidentiality in the second reading in parliament, stating that it created the possibility of introducing censorship through the back door. Nenad Stazic of the Social Democratic Party dismissed as “unacceptable” any proposal that combines the body that classifies data as confidential with that that decides whether such data are of public interest. On 15 July, the entrance to Slobodna Dalmacija daily premises in Split was guarded by armed police officers after an unidentified person phoned the daily and threatened reporters. According to unofficial sources, the person that made the threat was dissatisfied with a headline on the cover page of Slobodna Dalmacija concerning criminal gangs in Split. Branimir Glavas, a Croatian rightwing politician, filed a lawsuit against Europapress holding (EPH), due to an article titled “Investigation shows that Glavas helped Gudelj escape from Croatia” published in Jutarnji list on 15 July 2007. The article accuses Glavas of ordering the murder of the 1991 Osijek Police chief, Josip Reihl-Kir, and also suggests that Glavas might as well put out a contract on Gudelj’s life because of “everything he knows.” Although Glavas allegedly requested twice an apology from Jutarnji list, nothing happened. Due to sustained “moral damage,” Glavaš has requested financial compensation. Glavaš was indicted on 16 April 2007 for ivolvement in the death of Serb civilians during the war. The county court in Osijek charged him for allegedly giving orders to members of a unit under his command to abduct, torture and murder Serbs in late 1991. On November 6, SEEMO sent a letter of protest to Croatian officials stating its alarm at the involvement of the Croatian police against freedom of expression, and the fact that Zeljko Peratovic, a Croatian investigative journalist and Blogger, was briefly imprisoned on 17 October. He was released after spending 20 hours in prison. According to the police in Zagreb, Peratovic allegedly published state secrets on his blog. The equipment and materials, including three PCs, which the police took from Peratovic during a raid on his home office, have not been returned to him. SEEMO cooperated with the German Konrad Adenauer Stiftung, WAZ publishing group, as well as several local partners in Croatia (including the NCL media group and EPH group) in organising the first South East Europe Media Forum (SEEMF) in Zagreb in June 2007. Starting in 2008 the Forum will be named South East Central Europe Media Forum (SECEMF) and the next will be organised in November 2008 in Sofia. ● 2007 World Press Freedom Review Cyprus By South East Europe Media Organisation (SEEMO), Vienna For more information about media developments and press freedom in Cyprus, please see the SEEMO Media Handbook 2007/2008 O n 9 January, IPI and SEEMO expressed their deep concern over the criminal defamation charges brought against Dogan Harman, publisher and editor-in-chief of the daily newspaper Kibrisli, and against the newspaper itself, for allegedly insulting him and the honour of the officials of TRNC. According to information before IPI, the charges against Harman and Kibrisli stem from the journalist’s investigative reports about the dealings of a local businessman, which have allegedly inflicted extensive financial damage on several companies and public institutions. In his articles, Harman criticised the apparent inaction displayed by the office in this case. He also demanded an official investigation in order to ascertain whether serious crimes have been committed. The Union of Cyprus Journalists condemned the protest in front of the newspaper office and the threats against the journalists working for Africa On 6 February, the European Federation of Journalists (EFJ) condemned the attack on Huseyin Chakmak, a cartoonist and columnist for Turkish Cypriot newspaper Africa. Chakmak, President of the Association of Turkish Cypriot Cartoonists and a personality well known for his struggles for freedom of expression, the reunification of Cyprus and cooperation between Greek and Turkish Cypriots, was attacked on 31 January by nationalists who were upset by his articles and ideas, according to the Union of Cyprus Journalists (UCJ). On 29 October, the European Federation of Journalists (EFJ), condemned an attack on Africa in the northern part of Cyprus by protestors who claimed the newspaper was supporting terrorism. “We condemn this latest attack, which shows clearly the hostility to free and 165 Czech Republic independent press in the northern part of Cyprus,” said Arne König, EFJ chair. The right-wing group the “Grey Wolves” and Turkish settlers held a large demonstration against terrorism by Kurdish rebels in Turkey. The demonstrators gathered outside of Africa’s offices, threatening its journalists. The protestors claimed that the newspaper published the photos of eight abducted Turkish soldiers that were first put on a Kurdish website. They accused the newspaper of being the “voice” of the Kurdish group. The demonstrators also put a black wreath in front of the newspaper’s door. The Union of Cyprus Journalists condemned the protest in front of the newspaper office and the threats against the journalists working for Africa. The union believes that “this is another attack against press freedom and freedom of expression in the northern part of Cyprus by the fascists and the Grey Wolves,” that is being tolerated by the regime. ● T he Czech republic continues to have a free press and one of the best press freedom records in the world, consistently ranking well in surveys produced by independent press observers. This is not to say, however, that the media environment is entirely without its problems. This year’s most vocal attack on the country’s media came from Prime Minister Mirek Topolánek, who in the course of a regular press conference in September accused the media of blackmail, corruption and revenge, stating that Czech journalism is turning into a “cesspit.” The comments followed concerns expressed by Topolánek that the media was either writing on the orders of the main opposition party, the Czech Social Democrat Party (CSSD), or that it allowed itself to be influenced by the CSSD too easily. He pointed to the publishing of pictures of his children, their home addresses, and to articles about the new car Topolánek was using together with his girlfriend as examples. Topolánek accused the media of blackmail, corruption and revenge, stating that Czech journalism is turning into a “cesspit” The regular press conferences, such as the one at which the comments mentioned above were expressed, had been introduced by Topolánek a month prior with the aim of improving communication with the country’s media. However, they seemed to have the opposite effect. Nevertheless, Topolánek stated his intention to continue with the regular conferences, but, according to Czech news agency CTK, also stated that recent events were forcing him to support a law regulating freedom of speech, a law that he had hitherto been an opponent of. Opposition politicians spoke out against Topolánek’s remarks, with the CSSD chairman Jiri Paroubek rejecting outright any allegations that his party was manipulating the media, and with the party’s deputy chairman, Zdenek Skromach, branding Topolánek’s comments as “absurd.” “Czech journalists are sufficiently independent,” Skromach said, pointing out that “when they wrote about scandals of World Press Freedom Review 166 2007 Finland ministers under the CSSD’s government it was Mr. Topolánek who liked it. When it concerns him he wants to turn everyone into corrupt people.” At the beginning of October, the media itself responded to Topolánek’s threats in the form of an open letter from the Czech Journalists’ Syndicate, protesting at what they described as “efforts to curb their freedom.” In the letter, the organisation rejected Topolánek’s plans to have the law regulating freedom of speech passed, which would toughen the regulation of media activities. Speaking at an October meeting held at Radio Free Europe/Free Liberty to commemorate the first anniversary of the murder of Russian journalist Anna Politkovskaya, Topolánek denied ever having supported a tougher media law or making comments to that effect. He again expressed disappointment in the Czech media scene, describing such reports as typical examples of journalists’ irresponsibility. “The mere fact that you ask me about it means that you have failed,” said Topolánek in response to a request to explain his previous state● ments. F inland was in the headlines of the international news in November this year following the brutal massacre at a secondary school in the small Finnish village of Jokela. An 18-year-old pupil of the school, Pekka-Eric Auvinen, carried out the massacre on 7 November. Auvinen, choosing his victims seemingly at random, killed eight people during the course of a 40-minute shooting spree, following which he turned his gun upon himself. Finland has one of the highest gun ownership rates in the world, occupying third place in the rankings behind the United States and Yemen Peculiar to the events surrounding the massacre was the killer’s use of YouTube to announce his intentions prior to running amok. For several months before the shootings, Auvinen had been posting homemade videos featuring him using his gun, as well as many videos about other shootings, such as Waco and the Columbine High School massacre. A few hours prior to the murders, Auvinen posted a video titled ‘Jokela School Massacre 7/11/07’, in which he outlined his plans. The shooting reignited the debate over what are considered to be Finland’s comparatively lax gun laws. According to a study by the Graduate Institute of International Studies in Geneva, Finland has one of the highest gun ownership rates in the world, occupying third place in the rankings behind the United States and Yemen. The Jokela School shooting is the second school shooting in Finland in the space of ten years. In terms of press freedom, Finland continues to have an extremely good record. The press freedom issue to stand out the most this year dates back to September, involving the arrest and subsequent conviction of Markus Pentikäinen, staff photographer for the Finnish weekly current affairs magazine the Suomen Kuvalehti. Pentikäinen had been assigned to cover the ‘Smash ASEM’ demonstrations scheduled to take place outside the annual Asia-Europe Meeting (ASEM) summit in Helsinki on 9 September. At approximately 18.15 of that evening, a group of youths rushed a police line, following which the police ordered all the demonstrators to disperse. These orders continued as the police attempted to clear an area they had cordoned off. About three hours later, Pentikäinen reported witnessing excessive use of force by the police. The police then made their final call for all demonstrators to leave the area. Pentikäinen, believing it his job to continue reporting on the events, and displaying full press credentials, decided not to heed the orders. Pentikäinen was arrested as the authorities rounded up the final demonstrators left in the area. Taken to a makeshift detention area in a sports centre, Pentikäinen had his equipment confiscated, was questioned, and subsequently detained overnight for approximately 18 hours without being given the opportunity to contact either a lawyer or his colleagues at the Suomen Kuvalehti. Before his release, he was charged with ‘refusal to obey police orders’ by the Helsinki District Court. The verdict was handed down on 17 December, with Pentikäinen being found guilty, although no actual sentence was given. In weighing up the decision, the District Court decided that Article 10 of the European Convention on Human Rights did not offer Pentikäinen protection, as the restrictions enacted by the police at the time were legal, arose for a valid reason, and were essential in a democratic society. Pentikäinen had his equipment confiscated, was questioned, and subsequently detained overnight In response to the verdict, then IPI director Johann P. Fritz stated that the conviction represented a “further blow for freedom of the press in Finland, a country that, until recently, has had a superb press freedom record,” and that “In order to fulfil their role as public watchdog, the press need to be afforded certain rights.” In the case of Pentikäinen, these rights included “permission to remain at the scene of the demonstration to continue reporting.” Fritz continued, “Pentikäinen was not taking part in the demonstration, nor was 2007 World Press Freedom Review 167 France he disrupting the peace. In fact, his witnessing of alleged police brutality proves that his continued presence was justified, and the fact that his arrest could be construed as pre-emptive censorship is truly worrying.” Lawyers representing Pentikäinen have already stated their intention to lodge an appeal against the verdict in January 2008, and to follow the case to court of highest instance if need be. IPI publicly backed any such appeal in a December press statement: Finland's Prime Minister Matti Vanhanen is surrounded by journalists during a press conference in Helsinki, Finland, on Thursday, March 29, 2007. (AP Photo / Pekka Sakki, LEHTIKUVA) “We support Pentikäinen’s appeal of the verdict, hope that the court of higher instance re-evaluates the decision, and that Pentikäinen’s right to receive and impart information without interference from the authorities, as detailed in Article 10 of the European Convention of Human Rights, is finally respected. If such a finding is allowed to stand, then a worrying precedent will be set for press free● dom in Finland,” said Fritz. A ttempts by French authorities to pressure journalists to disclose their sources was the main cause for concern in the French media this year, with journalists being subjected to searches of their property, detention, and judicial proceedings. In July, four journalists were summoned by the judiciary police regional service in the southern French city of Montpelier. Emilien Jubineau and Cédric Métairon of the television station French 3 Sud, and Jean-Pierre Lacan and Vin- reveal their sources.” This, however, did not deter a judge from attempting to access files at the offices of Le Canard Enchainé on 11 May. During the course of an investigation into what is known as the “Clearstream” affair, judges attempted to enter the offices of the satirical weekly magazine. However, journalists locked the newsroom to prevent them getting to the information that they had sought. The attempt to search the office of Le Canard Enchainé was part of a probe into A woman places flowers under a portrait of late Russian journalist Anna Politkovskaya to mark the one year anniversary of her death, Paris, Sunday, Oct. 7, 2007. (AP Photo/Michael Sawyer) French President Nicolas Sarkozy answers questions from journalists after his visit to a public works company in Lyon, central France, Friday, June 29, 2007. (AP Photo/Laurent Cipriani) cent Damourette of the daily newspaper Midi Libre had covered the actions of a group of radical wine producers known as the Regional Committee of Wine Action, against the premises of the Hérault wine cooperative and the Narbonne Winemakers House on 2 July, reports RSF. The four journalists were then questioned by police officers about who had given them information about the actions. According to RSF, the two France 3 Sud journalists had been summoned on multiple occasions about similar cases. Journalists in France are protected by Article 109 of the Criminal Code, which stipulates that “any journalist heard as a witness about information gathered while practicing their profession is free not to the violation of judicial secrets. The Clearstream affair itself concerned a fictitious list of beneficiaries of supposed kickbacks in defence contracts, the name Clearstream taken from a Luxembourg that was supposedly involved in the bogus corruption scandal. The judge investigating the matter was trying to ascertain whether a statement made by an intelligence official had been faxed to the magazine. The probe ended in September without any charges being made against any of the reporters at Le Canard Enchainé. In July, a photographer came up against problems with the authorities for “violating judicial confidentiality” while taking pictures at the reconstruction of a 168 World Press Freedom Review 2007 Georgia murder in Paris. Jean-Claude Elfassi had taken several pictures at the re-enactment, which was in the public domain, when he was attacked by two witnesses who tried to take his equipment from him. Police broke up the incident and took Elfassi and his two assailants to a police station, where Elfassi filed a complaint of attempted theft. However, the two men who attacked Elfassi were released, whereas Elfassi himself was placed in police custody for several hours under a charge of “violating the confidentiality of a judicial investigation”. Elfassi was for carrying out his profession, Le Monde journalist Guillaume Dasquié was accused of “compromising national defence intelligence” on 6 December. The charges stemmed from a 16 April article which stated that the French intelligence services (DGSE) had warned the U.S. of terrorist plans to hijack aeroplanes and steer them into buildings eight months before 11 September 2001. The article contained extracts from a DGSE report titled “Aircraft hijack plan by radical Islamists”, which even contained a list of potential airline targets. British actress Jane Birkin, centre, left, and French lawmaker Francois Bayrou face journalists as they join a protest against Myanmar's military regime in Paris, Saturday, Oct. 6, 2007. (AP Photo/Michael Sawyer) also requested to hand over his photographic materials, a request which he refused to comply with. His equipment was then confiscated from him. An RSF press release on the matter describes how Elfassi was denied basic rights during his detention. He was not informed that he was being held in custody until he was allowed to leave, and he was not able to make a telephone call or to receive medical attention, although he had been injured in the altercation. A visit to the hospital after his detention revealed that Elfassi had sustained a head injury and abrasions to his right arm. He filed a complaint with the police internal investigations department for “abuse of authority” and “arbitrary detention”. In a further case of a journalist being subjected to pressure from the authorities A case had been opened against Dasquié in April, and the French counterespionage agency, the Directorate of Territorial Security, searched Dasquié’s home in Paris on 6 December. Dasquié was detained for 48 hours, during which time he was pressured to reveal his sources. Preliminary charges were then filed against him. CPJ reacted to the arrest with a press release, in which they highlighted their concerns about the case, saying that they were “troubled by the criminal probe against Guillaume Dasquié and his detention for two days by French security services” and pointing out that “Dasquié should not be prosecuted for ● serving the public’s right to know.” T he situation regarding freedom of speech in Georgia shows signs of both improvement and of backslide. On one hand, Georgia adopted one of Europe’s most liberal legislations on the protection of freedom of expression and speech in 2005, print media was granted substantial tax concessions, and the “Law on Public Broadcasting” was passed – all considered steps forward. In addition, the decriminalisation of libel was especially welcome, considering the 2003 attempt by the Shevardnadze administration to increase the sentence for libel to 10 years. On the other hand, media political debates, particularly in the electronic media, have decreased, and the media has become notably more lenient and less critical towards the government. The press avoided coverage of a number of topics, and both a lack of independence and pressure on media owners in their development of programming were obvious. Most worryingly, freedom of the media was suspended completely for a short time in Tbilisi this November, following the declaration of a state of emergency. The state of emergency had been declared following intervention by the riot police in what most media reported as peaceful demonstrations in the Georgian capital. The demonstrations had come at a time of rising tensions between Georgia and its neighbour, Russia, and were staged by a coalition of opposition parties who had accused President Saakashvili of corruption. The protests went on for nearly a week outside the parliament building, with the protesters demanding the resignation of Saakashvili. The government, for its part, regarded the demonstrations a result of Russian covert intervention in Georgian affairs, in what they described as an attempt to instigate a coup d’état. During the clampdown by authorities, rubber bullets and tear gas were used on the crowds. Riot police also beat some journalists, and some had their mobile telephones smashed. In addition, Imedi TV, the broadcaster considered the main opposition television station, was shut down, as was Kavkaziya, a small independent television station. The state of emergency was initially put in place for fifteen days, during which all independent broadcasters were ordered to cease activities, the state run television being the on- 2007 World Press Freedom Review ly television station allowed to continue broadcasting. A few days later, the city’s mayor Gigi Ugulava came out and publicly acknowledged that the riot police had overreacted in their treatment of the protesters, as well as in their immediate shutting down of Imedi TV. “The riot police overreacted towards Imedi TV and the corresponding evaluation will be given to the fact when the investigation is being conducted,” said Ugulava to the newspaper 24 Hours. media. In addition, Miklos Haraszti, the OSCE Representative on Freedom of the Media, travelled to Georgia to discuss the situation. “Imedi is an alternative source of information, the presence of which is part of Georgia’s pluralistic media landscape. Access to a diverse spectrum of news is especially important in view of the upcoming presidential elections,” said Haraszti. On 6 December, the Georgian courts finally unfroze the assets of Imedi TV and A shirtless man hit by tear gas stands amidst a confrontation between security forces and anti-government protesters outside the parliament in Tbilisi, Georgia, on Wednesday Nov. 7, 2007. (AP Photo/ Shakh Aivazov) The state of emergency was eventually lifted on 16 November. Although the majority of broadcasters returned to their regular news programming, Imedi TV and Radio remained off air due to the freezing of its property by a court order. On 22 November, representatives from the media met in defence of the TV station, and together signed a mass protest, requesting the government to allow Imedi to resume its operations with immediate effect. The joint statement issued said that, “Freedom of speech is one of the most significant achievements of the modern Georgian society. Building a state based on democratic-liberal principles is an impossible thing without a full guarantee for freedom of speech and expression,” and called for the immediate resumption of the broadcasting of Imedi TV and Radio. The protest was signed by representatives from nearly all the Georgian mass 169 Internet censorship spread in Georgia in 2007 as the country adopted needlessly restrictive legislation and government policy. Georgia is among those countries imposing excessive restrictions on how people use the Internet, an OSCE report said in July, warning that regulations are having a deteriorating effect on freedom of expression. The report titled “Governing the Internet” called the online policing “a bitter reminder of the ease with which some regimes – democracies and Young masked opposition supporter stands during a protest with an opposition flag in the background newar the parliamentary building in Tbilisi, Georgia, Tuesday, Nov. 20, 2007. Young people protested against police using force to disperse mass rallies. (AP Photo/Shakh Aivazov) Radio and lifted a ban on its broadcasting. In June, RSF reported that one of the co-founders of the independent TV station 202, Chalva Ramishvili, did not receive a presidential pardon, unlike his partner, 202 managing editor David Kokhreidze. Ramishvili and Kokhreidze were arrested in August 2005 for allegedly trying to extort US$100,000 from ruling party deputy Koba Bekauri during an interview he gave them. They were preparing an investigative programme on corruption and were interested in Bekauri’s acquisition of a customs-clearance company in unclear circumstances. Although the evidence was very thin, Ramishvili and Kokhreidze were convicted on 29 March 2006. Ramishvili was sentenced to four years in prison, Kokhreidze to three. TV station 202 is no longer on the air. dictatorships alike – seek to suppress speech that they disapprove of, dislike, or simply fear.” Georgia, it says, has laws on the books that contain “contradictory and ill-defined” provisions “which on certain occasions might give leverage for illegitimate limitation of freedom of expression on the Internet.” “It is important to support the view of the World Press Freedom Committee that ‘governance’ must not be allowed to become a code word for government regulation of Internet content,” the report says. However, the report concluded that “the level of regulation of the Internet in Georgia is satisfactory. It is in general in conformity with international standards.” In a statement issued later, Georgia’s government said it wished to “reaffirm its steadfast commitment to maintaining a ● free and open Internet.” World Press Freedom Review 170 2007 Germany A s was the case with some of its European counterparts, the right to protect sources was an issue that dominated the press freedom debate in Germany this year, as well as the way that journalists who reveal official information deemed important for the general public should be treated by the authorities. Not only the offices of the ma gazine itself, but also the home of the reporter who wrote the article, Bruno Shirra, were searched by the authorities, who also copied data stored on computers and confiscated multiple boxes and private documents belonging to Shirra “accidently” found in the journalists cellar. Some months prior to the raid, Shirra, along with the magazine’s editor Wolfram leading national publications. The OSCE Representative on Freedom of the Media reacted to the news of the investigations, stating that journalists cannot be prosecuted for publishing information of public interest, and that they should not be prosecuted for publishing classified information without reasonable suspicion that the journalists committed a crime in obtaining it. Re- German Chancellor Angela Merkel, right, and France's President Nicolas Sarkozy answer to journalists' questions during a joint media conference after the German-French ministers meeting in the Chancellery in Berlin, Germany, Monday, Nov. 12, 2007. (AP Photo/Miguel Villagran) A supporter of the Human Rights organization Amnesty International holds a placard, which reads, "We demand the complete investigation of the murder of Anna Politkowskaja and the immediate stop of repressions against Human Rights activists and journalists in Russia!", during a vigil in commemoration of murdered Russian Journalist Anna Politkowskaja, in Wiesbaden, southwest Germany, Saturday, Oct. 13, 2007. (AP Photo/Daniel Roland) A ruling by the German Constitutional Court in February was hailed by press freedom organisations, when it was decided that a federal police raid on the offices of current affairs magazine Cicero in 2005 was unconstitutional. The raid occurred after Cicero magazine printed extracts from a confidential police report concerning Al-Qaeda. The article including the extracts was titled “The Most Dangerous Man in the World” and provided an exposé of the now dead Iraqi insurgent Abu Musab Al-Zarqawi. Weimer and the former foreign editor of the Swiss newspaper Sonntagsblick had been charged under section 353b of the German penal code for “disclosing state secrets”. Although the decision of the German Constitutional Court was lauded by freedom of speech advocates, calls have been made for amendments to Article 353b, exempting journalists. “Journalists who use information passed to them by their sources should not be prosecuted, otherwise they cannot fulfil the role they are meant to play in a democracy, which is to seek out information and to question governments,” said RSF in a press release early March. More concerns were raised in August, when it surfaced that criminal investigations had been launched against 17 journalists in Germany, after they published information concerning German complicity in rendition flights of CIA prisoners from Iraq to the U.S., and the activities of the German secret services during the Iraq war. According to reports, the journalists involved were all worked for ferring to the decision in the Cicero case, Miklos Haraszti said in an open letter to the German Justice Minister that “The groundbreaking decision of the court in this case created a federal shield for journalists when publishing classified information, which the current investigation neglects and even goes against.” Investigation into four of the journalists were suspended very quickly after a Munich court found that the journalists had valid reasons for not wanting to divulge the civil servants involved in providing them with the information. A Hamburg court reached a controversial decision at the end of November, when one of Germany’s best known Bloggers, media journalist Stefan Niggemeier, was ordered to check Blog entries from members of the public before allowing them to be posted online. The decision concerned a Blog Niggemeier had started April, criticising television call-in shows by Callactive Ltd, where viewers are offered the chance to win cash prizes. An offensive Blog entry was added by an un- 2007 World Press Freedom Review 171 Greece known reader at 03.37 hours one Sunday in August, which Niggemeier promptly deleted the following morning some seven hours later. However, Callactive Ltd considered the comment defamatory, and although the comment was only available to read for a few hours, took the matter to the Hamburg court. The court returned a verbal decision on 30 November that Niggemeier must check all blog them as second-class professionals with a lesser right to confidentiality constitutes a direct attack on their ability to properly practice their profession.” Fritz continued: “Sources are less likely to share controversial information if journalists are unable to shield them,” adding with reference to the Cicero case that, “The current amendment threatens to undermine this decision, and offers Protesters hold photos of murdered Russian journalist Anna Politkowskaja during a demonstration in front of the Russian embassy on Sunday, Oct. 7, 2007 in Berlin, Germany. (AP Photo/Miguel Villagran) entries for defamatory material before allowing them to be
