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2005
www.freemedia.at
World Press Freedom Review
IPI REPORT
2005
www.freemedia.at
2005
www.freemedia.at
The IPI World Press Freedom Review
is dedicated to the 65 journalists
who lost their lives in 2005
Ahmad Adam
Najem Abd Khudair
Philip Agustin
Robenson Laraque
Sheikh Belaluddin Ahmed
Firas Maadidi
Khaled Sabih Al Attar
Golam Mahfuz
Daif Al Ghazal
Pavel Makeev
Adnan al-Bayati
Rolando Morales
Rafed Al-Rubai’i
Duniya Muhiyadin Nur
José Cândido Amorim Pinto
Amir Nawab
Ahmed Wael Bakri
Allah Noor
George Benaojan
Rony Adolfo Olivas Olivas
Klein Cantoneros
Maheshwar Pahari
Gautam Das
Julio Hernando Palacios Sánchez
Fadhil Hazem Fadhil
Kate Peyton
Dolores Guadalupe García Escamilla
Robert Ramos
Marlene Garcia Esperat
Shaima Rezayee
Julio Augusto García Romero
Jacques Roche
Raúl Gibb Guerrero
Pongkiat Saetang
Ricardo Gonzalves Rocha
Romeo Sanchez
Vasiky Grodnikov
Hernando Marné Sánchez Roldán
Fakher Haider
Houssam Hilal Sarsam
Ahmed Jabbar Hashim
Relangi Selvarajah
Mohammad Harun Hassan
Khagendra Shrestha
Elmar Huseynov
Darmaratnam Sivaram
Maha Ibrahim
Jerges Mahmood Mohamed Suleiman
Saleh Ibrahim
Gebran Tueni
Hind Ismail
Ricardo “Ding” Uy
Ali Ibrahim Issa
Magomedzagid Varisov
Saman Abdullah Izzedine
Arnulfo Villanueva
Abdias Jean
Steven Vincent
Franck Kangundu
Raeda Wazzan
Samir Kassir
Harry Yansaneh
Waleed Khaled
Ahlam Youssef
Abdel Hussein Khazal
A special edition of the
IPI REPORT
Wilfred D. Kiboro
Johann P. Fritz
David Dadge
Chairman
Director
Editor
IPI Headquarters
Africa
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
David Dadge
Sarah Adler
Australasia
and Oceania
Researcher
Christiane Klint
Proofreader
Sarah Adler
David Dadge
The Americas
Europe
Michael Kudlak
Diana Orlova
David Dadge
The Caribbean
Charles Arthur
Michael Kudlak
Asia
Barbara Trionfi
David Dadge
Diana Orlova
Catherine Power
Middle East
and North Africa
Catherine Power
Layout
Nik Bauer
The IPI World Press Freedom Review was kindly sponsored by the WAZ Medien Gruppe;
additional thanks to UNESCO for its kind support.
2005
5
Media Wars:
Year Zero
T
Johann P. Fritz
Director & Publisher
Wilfred D. Kiboro
Chairman
The 2005 IPI Review
shows that, in virtually
every region of the world,
the media are engaged
in a battle to uphold
their fundamental right
to report news.
he high death toll for journalists
continued in 2005 with 65 journalists killed. Iraq, where 23
journalists died, remains the world’s most
dangerous country for the media. Journalists also died in 21 other countries,
including Bangladesh, Haiti, Russia, and
Somalia.
There were four journalists killed in
eastern Europe, but western Europe’s
most significant event was the 7 July
London bombings. The attack led to British draft legislation prohibiting the “glorification” of terrorism. In September, an
EU policy paper discussed the media’s involvement in “radicalising” terrorism and
hinted at voluntary codes of conduct as a
solution. These moves signalled a shift in
the balance between liberty and security,
and also shaped the political debate over
the controversial cartoons of Mohammed
published by the Danish newspaper Jyllands-Posten on 30 September.
In Asia, where 20 journalists were killed, China is embracing capitalism without introducing the requisite freedoms.
As European politicians sought trade
deals and American computer companies
helpfully censored their Internet software,
numerous journalists and Internet activists remained in Chinese prisons. Nine
journalists were murdered in the Philippines making it the world’s most hazardous country outside of a conflict zone;
while in Sri Lanka, there has been a return to journalists being murdered due to
their alleged political allegiances. Journalists in Nepal are engaged in a vocal,
but unequal battle for press freedom.
With 26 journalists killed, the Middle
East and Northern Africa is the most
uniformly restricted region in the world.
With few exceptions, governments maintain a tight grip on the free flow of information. In Iraq, the insurgency targeted
the media, forcing foreign journalists to
remain in protected zones. As a result,
Iraqi journalists suffered the highest casualties. Elsewhere, in Lebanon, the murder of two journalists has intimidated one
of the region’s liveliest media.
Four journalists were killed in Africa
in 2005: two in Somalia, and one in Sierra Leone and the Democratic Republic of
Congo, respectively. The Ethiopian government’s assault on the independent media saw journalists arrested for treason,
while the media in Zimbabwe are still
governed by repressive legislation. The
Australasia and Pacific region saw some
improvements, but a lack of funding and
poor communications infrastructure is
undermining hopes for the future.
In the Americas, where 11 journalists
died, there was progress this year with the
removal of some descato (“insult”) laws –
in Chile, Guatemala, Honduras and Panama – and a reduction in violent attacks
on Venezuelan journalists; however, selfcensorship has increased across the region and attacks on journalists in Colombia and Mexico continue. Haiti is now
the region’s most dangerous country with
three journalists murdered. In the United
States, restrictions on access to information and the judicial pursuit of journalists’ sources made it a difficult year for
the media.
Johann. P. Fritz
Wilfred D. Kiboro
6
2005
Africa
The
Americas
Asia
Introduction ............................. 8
Angola .................................... 10
Benin ...................................... 11
Botswana ............................... 12
Burkina Faso .......................... 13
Burundi .................................. 14
Cameroon ............................... 15
Cape Verde ............................. 16
Central African Republic....... 16
Comoros Islands .................... 17
Congo (DRC) ........................... 18
Cote D’Ivoire .......................... 20
Djibouti .................................. 24
Equatorial Guinea.................. 24
Eritrea .................................... 25
Ethiopia.................................. 26
Gabon ..................................... 29
Gambia ................................... 29
Ghana ..................................... 32
Guinea .................................... 33
Guinea Bissau ........................ 34
Kenya ..................................... 35
Lesotho ................................... 37
Liberia .................................... 38
Madagascar ............................ 40
Malawi ................................... 41
Mali ........................................ 42
Mauritania ............................. 42
Mauritius................................ 43
Mozambique........................... 44
Namibia .................................. 45
Niger....................................... 46
Nigeria ................................... 48
Rwanda .................................. 50
Senegal ................................... 51
Seychelles .............................. 52
Sierra Leone ........................... 51
Somalia................................... 55
South Africa ........................... 57
Swaziland............................... 59
Tanzania................................. 60
Togo........................................ 62
Uganda ................................... 63
Zambia ................................... 64
Zimbabwe .............................. 66
Introduction ............................72
Argentina ............................... 74
Belize...................................... 75
Bolivia .................................... 75
Brazil ...................................... 76
Canada ................................... 78
Chile ....................................... 79
Colombia ................................ 80
Costa Rica .............................. 82
Cuba ....................................... 83
Ecuador .................................. 85
El Salvador ............................. 86
Guatemala .............................. 86
Honduras ................................ 87
Mexico .................................... 89
Nicaragua ............................... 91
Panama................................... 93
Paraguay ................................ 94
Peru ........................................ 94
Suriname ................................ 96
United States of America ...... 96
Uruguay.................................. 99
Venezuela ............................. 100
Introduction...........................114
Afghanistan ......................... 116
Bangladesh........................... 118
Bhutan .................................. 120
Burma ................................... 121
Cambodia ............................. 122
People’s Republic of China.. 124
Hong Kong............................ 128
India ..................................... 130
Indonesia.............................. 131
Japan .................................... 133
Kazakhstan........................... 134
Kyrgyzstan ........................... 138
Laos ...................................... 140
Macao ................................... 141
Malaysia ............................... 142
Maldives ............................... 143
Mongolia .............................. 144
Nepal .................................... 145
North Korea .......................... 149
Pakistan ............................... 149
Philippines ........................... 151
Singapore ............................. 154
South Korea .......................... 155
Sri Lanka .............................. 156
Taiwan.................................. 160
Tajikistan ............................. 161
Thailand ............................... 162
Timor Leste .......................... 163
Turkmenistan ....................... 164
Uzbekistan ........................... 165
Vietnam ................................ 168
The
Caribbean
Introduction...........................104
Antigua and Barbuda .......... 106
The Bahamas ........................ 106
Barbados .............................. 107
Dominica .............................. 107
Dominican Republic............. 108
Grenada ................................ 108
Guyana ................................. 109
Haiti...................................... 109
Jamaica ................................ 111
St. Kitts and Nevis ............... 112
St. Lucia ............................... 112
St. Vincent
and the Grenadines ............. 112
Trinidad and Tobago ........... 113
2005
Australasia
and Oceania
Introduction...........................170
Australia .............................. 172
The Cook Islands ................. 176
Fiji ........................................ 178
French Polynesia ................. 179
Guam .................................... 180
Kiribati ................................. 181
Marshall Islands .................. 182
Nauru.................................... 182
New Zealand ........................ 183
Papua New Guinea .............. 185
Pitcairn Island ..................... 186
Samoa ................................... 187
Solomon Islands ................... 187
Tonga.................................... 188
Vanuatu ................................ 189
Wallis and Futuna................ 190
7
Europe
Introduction...........................192
Albania ................................. 194
Armenia................................ 195
Austria.................................. 196
Azerbaijan ............................ 197
Belarus ................................. 200
Belgium ................................ 204
Bosnia and Herzegovina ...... 205
Bulgaria ................................ 207
Croatia.................................. 208
Republic of Cyprus .............. 212
Czech Republic .................... 213
Denmark ............................... 214
Estonia ................................. 215
Finland ................................. 216
France................................... 216
Georgia ................................. 217
Germany ............................... 219
Greece .................................. 221
Hungary................................ 223
Ireland .................................. 225
Italy ...................................... 226
Latvia ................................... 227
Lithuania .............................. 228
Luxembourg ......................... 228
Macedonia (FYROM) ............ 229
Moldova................................ 230
Netherlands.......................... 233
Norway ................................. 234
Poland .................................. 234
Portugal................................ 236
Romania ............................... 237
Russia ................................... 239
Serbia and Montenegro ....... 242
Slovakia ................................ 246
Slovenia ................................ 247
Spain..................................... 248
Sweden ................................. 250
Switzerland .......................... 250
Turkey .................................. 251
Ukraine ................................. 253
United Kingdom ................... 256
Middle East
and North Africa
Introduction...........................258
Algeria.................................. 260
Bahrain ................................. 261
Chad ..................................... 263
Egypt .................................... 264
Iran ....................................... 266
Iraq ....................................... 270
Israel .................................... 275
Jordan................................... 277
Kuwait .................................. 278
Lebanon ................................ 279
Libya..................................... 281
Morocco ................................ 282
Oman .................................... 284
Palestinian Authority .......... 285
Qatar .................................... 287
Saudi Arabia ........................ 288
Sudan.................................... 289
Syria ..................................... 291
Tunisia ................................. 292
United Arab Emirates .......... 295
Yemen ................................... 296
Additional
Contents
IPI Watch List ........................298
IPI Death Watch ....................300
Acknowledgements...............308
8
World Press Freedom Review 2005
Without the Media,
Who Questions
Government ?
Africa
The refusal of some
African governments
to encourage an
open media environment is leaving them
estranged and adrift
from the societies
they govern.
Death Watch
Region (4)
I
n sub-Saharan Africa, the media
faced another extremely trying year
and there were numerous press
freedom violations reinforcing the notion that while progress is being made
in some places, it is being swiftly eroded in others. Although the wars and
internal conflict once threatening to
engulf parts of the region appear to be
dying out, they are being replaced by a
host of other problems that concern
regional and international bodies.
A fast growing problem is Ethiopia.
The 15 May parliamentary elections in
the country were always going to be
difficult, but few could have forecast
the social unrest arising from the belief
of many that Meles Zenawi’s government had obtained its victory fraudulently. Fuelled by these claims, there
were violent riots in Addis Ababa,
which were brutally put down by the
authorities. Over 36 people were killed
in the protests; there were numerous
injuries and nearly 10,000 people were
arrested throughout the country.
As would have been expected, the
social unrest within Ethiopian society
rippled outwards and impacted on the
media environment. As sides were
drawn in the political sphere, government ministers began to point blame at
the private media, which it accused of
inciting the riots in the first place.
In the latter part of the year, the government produced a “hit-list” of journalists it wished to arrest for treason.
The revelations caused some journalists
to either rush into hiding or flee the
country altogether. At the same time,
the government arrested journalists and
members of civil society for conspiracy
to undermine the constitutional order
of the country.
In consequence, over a period of six
months, the Ethiopian government lost
the good will shown to it by the international community, which had previously seen a desire for change in the
country. These events have also affected
the media environment and hope has
now been replaced by fears for the future. In terms of the journalism profession, Ethiopia is beginning to look similar to its neighbour Eritrea where the
private media is only a memory.
Further along the road of repression,
the Zimbabwean government has used
every means at its disposal to silence
the media. Since 2000, the authorities
have progressed from using a network
of violent groups to quiet the media, to
the creation of a sophisticate web of
repressive laws that have all but shutdown the private press in the country.
The result is a society where there is
virtually no criticism of President
Robert Mugabe.
Further along the road
of repression, the Zimbabwean government has used
every means at its disposal
to silence the media
Strong evidence for this may be seen
in the decision to make thousands
homeless or jobless by tearing down the
housing and businesses that had grown
on the edges of Zimbabwe’s urban areas. The decision to send in the bulldozers led to thousands being forced to
leave areas where they had lived for
years and the ensuing social upheaval
created chaos.
Responding to the human disaster,
the government assured those made
2005 World Press Freedom Review
homeless that it had the money to resettle them, but the funding reserved for
this was pitiful when compared to the
needs of the victims of this disastrous act
of social engineering. If it were needed, this operation provided strong evidence of just how removed the Zimbabwean government is from its people; and
it is also proof of the damage done to a
society when the private media no longer exist to provide alternative voices.
Another example was Niger where in
2005 the government chose to ignore
growing food shortages, in favour of pursuing journalists who were attempting to
report on whether the country was facing
the far greater danger of famine. In September, the Niger authorities sentenced a
journalist to imprisonment for exposing
possible corruption in food aid distribution. The journalist, Abdoulaye Harouna, publication director of the monthly
Echos Express, also faced another trial; this
time about the report of journalists facing
harassment and intimidation for trying
to report on sensitive topics.
IPI is deeply concerned
that the Niger government
has misunderstood the
role played by the independent media in a crisis
Responding to the state’s treatment of
Harouna, IPI sent a letter of concern stating, “In reviewing recent events, IPI is
deeply concerned that the Niger government has misunderstood the role played
by the independent media in a crisis.
During a possible famine, the independent media can act as an early warning
system, alerting the government to potential disaster and allowing it to act accordingly...”
The actions of Niger’s government appeared to turn the sensible world on its
head. It presented a media environment
where journalists received punishment
for carrying out the work of governments:
namely, protecting citizens and alerting
members of the international community
in the hope of avoiding a crisis. Instead of
following the media’s lead, Niger’s government chose to avoid embarrassment
and criticism by acting as if nothing was
wrong. The only losers in such an arrangement were the media for attempting to
investigate the truth and those who were
starving to death.
In all three countries – Ethiopia, Zimbabwe and Niger – there is evidence of
estrangement; occurring when governments no longer listen to those around
them; or when they have suppressed, intimidated or driven out every opposing
voice. For these very reasons, the question of press freedom in Africa is rooted
in attitudes towards democratic government.
Within this political framework, there
are also other pressures on the media in
Africa. There were four journalists killed
in 2005: one in Sierra Leone, one in the
Democratic Republic of Congo (DRC)
and two in Somalia.
On 3 November, three masked men in
civilian clothes shot and killed Franck
Ngyke Kangundu, a political columnist
for the Kinshasa-based daily La Référence
Plus, and his wife at his home in Kinshasa. In Sierra Leone, an argument between
a landlord and his relations, on one side,
and Harry Yansaneh in charge of the For
Di People newspaper, led to the journalist
being beaten. Subsequently, on 11 May,
the journalist was forced to seek medical
treatment. Over the next few weeks, his
health deteriorated, and he died on 27
July.
On 9 February 2005, Kate Peyton, a
BBC journalist, was killed. Unidentified
gunmen shot Peyton outside her hotel in
Mogadishu, the capital of Somalia. Peyton, a Johannesburg-based producer, was
taken to the Madina hospital in Mogadishu for an operation, but later died of
internal bleeding. On 6 June in Somalia,
Duniya Muhyadin Nur, a radio journalist, was shot and killed while covering a
protest in the city of Afgoye. Muhyadin
was working for the Mogadishu-based
radio station Capital Voice, owned by the
HornAfrik media company.
Connected to murder is impunity,
and there are still signs of this culture
existing in the sub-Saharan region of
Africa. In Burkina Faso, on 3 May, World
Press Freedom Day, journalists remembered the death of Norbert Zongo, former editorial director of the weekly l’independent who was assassinated in December 1998. Despite numerous calls for
justice, there have been constant delays in
the investigation and one of the main
suspects has never been questioned. In
the Gambia, there are still questions to be
9
answered about the murder of co-founder and editor of The Point, Deyda Hydara; while in Mozambique the murder
of Metical journalist Carlos Cardoso in
November 2000 continues to rumble
slowly through the courts. One of the
suspects in the case has twice escaped
from custody.
As in other parts of the world, legislation is used to inhibit the work of the
media. In Burundi, the 1997 Press Law
has been used to close newspapers. Another Press Law, this time in the Democratic Republic of Congo, prohibits the
formation of private broadcasters and
requires all newspapers to be licensed.
There have also been increases this year
in the use of criminal defamation laws
against the media in Kenya, and Zimbabwe’s Access to Information and Protection of Privacy Act (AIPPA) has decimated the private media try. Such laws need
to be removed if the media environment
is to be improved, but very few African
governments show any desire to do so.
Connected to murder
is impunity, and there are
still signs of this culture
existing in the sub-Saharan
region of Africa
In other African countries – Liberia,
Mozambique, Togo and Zambia – journalists are assaulted and beaten by the
authorities. These attacks reveal a deepseated intolerance for the media’s work
and there is no evidence that attitudes are
changing. Foreign journalists are also
finding it difficult to practice their profession. In Cameroon, Australian journalist Andrew Mueller was arrested and
spent three days in jail, while, in Zimbabwe, three foreign journalists were questioned by the authorities about possible
spying.
BY DAVID DADGE
10
World Press Freedom Review 2005
Angola
By Sarah Adler
A
fter gaining independence from Portugal in 1975, Angola experienced
27 years of nearly continuous civil war. In
this quarter century of fighting, up to 1.5
million lives were lost and 4 million people displaced. In 2002, peace was finally
established with the Popular Movement
for the Liberation of Angola (MPLA) as
the dominant party in the National Assembly and MPLA leader Jose Eduardo
Dos Santos as president. Peace has held
until now with Dos Santos pledging to
hold elections in 2006. It is, therefore, in
the context of a war-torn and recovering
country that press freedom in Angola is
trying to make its way.
With elections in 2006, it is vital for
journalists to be able to work without
harassment, censorship or intimidation
as media freedom has a crucial role in
democracy.
Two journalists were
sentenced to prison
on charges that their
claims were false
There has been much debate over the
past year in Angola on setting rules on
how the media should cover the elections.
Opposition members of parliament have
expressed concern that state-controlled
media will give results in favour of the
MPLA. The opposition wants the media
to only be allowed to report on results
once the Electoral Commission has both
announced the definitive tally and judged the elections to have been free and
fair. Nevertheless, MPLA members of
parliament disagree, claiming there is no
reason to worry about reporting results
before the commission officially declares
the winners. Journalists, for their part,
favour reporting preliminary results.
“The media can and should report on
provisional results, as the public needs to
know what is happening,” said the Syndicate of Angolan Journalists, SecretaryGeneral Luisa Rogerio, during a radio
debate.
Training courses have been set up to
prepare journalists to cover the elections.
The Angola Press Agency (APA) reported
on 14 November that a seven-day course
had started at the Journalists Training
Centre in Luanda. The course had the
support of the National Director of Social Communication Jos’ Luis Matos. He
claimed that the “Ministry is a strategic
partner in the search for a higher standard for the Angola press,” according to
APA. The Portuguese ambassador also
expressed his support and said Portuguese personnel were available to train Angolan technicians.
However, there have been many infractions of freedom of the press over the
past year. The government attempted to
control criticism through the suspension
of programmes of which it disapproved.
Journalists who made politically controversial comments were fired and Government officials issued warnings to media
to control the content of reports and editorials.
On 28 March, in a sign of repression,
the government-controlled Angolan National Radio suspended the “Analysis
with Isaac Neney” programme. The popular show focused on current affairs. Early in March, Neney had criticised the
government when he said that the MPLA
and the Angolan government had
enough money and did not need to seek
funds from the international community
with a donor conference.
In April, Deputy Minister of Information Miguel de Carvalho criticized the
state-run Jornal de Angola’s coverage,
claiming that it had been too critical of
the government. The minister’s comments sparked fear among journalists
that the administration would be censuring stories and limiting access to official
information. De Carvalho had warned
editors and sub-editors in a meeting in
the newspaper’s newsroom that their coverage was too unfavourable towards the
ruling party and covered too many of the
opposition’s activities and opinions.
Following these accusations, de Carvalho reportedly called the Jornal de Angola’s editor everyday to ensure that no
negative stories on the government were
published. As a result, three months later, journalists claimed that the environment in Angola had become more difficult for the press and that coverage in
Jornal de Angola contained more stories
than before on the government and
MPLA activities.
In July and August, two journalists
were sentenced to prison on charges that
they and their organisations claimed were
false.
In the first case, Celso Amaral was sentenced on 19 July to ten years of prison
on charges of misusing approximately
US$42,547 during the time that he headed the government-controlled branch of
Radio National in the central province of
Huila. The radio station claimed, however, that the journalist was sentenced to
prison for political reasons. Apparently,
tension had been building up because
Amaral had an independent manner and
was not easily controlled by the regional
administration. He frequently refused to
obey the governor’s directives and never
“allowed local institutions to interfere on
the radio,” according to a source from the
radio quoted in a MISA report.
In the second case, a respected sports
analyst, Zeca Martins, was fired on 22
August because he had allegedly “broken
the personal trust of the Social Communication (Information) Minister,” according to a MISA report. However, Martins denied the accusation. Martins says
that on 22 August he expressed his disapproval of the interruption of the Angolan
championships by a series of matches
organized by the Eduardo dos Santos
Foundation (FESA) to celebrate the president’s birthday. Martins had also clashed
with government-sanctioned commentary by questioning whether opposition
groups such as the National Union for
the Total Independence of Angola (UNITA) would be granted the same prerogative.
Government officials
once again tried in October
to control the media by
making accusations
Harassment was also a problem for
journalists in Angola. On 24 August,
photojournalist Francisco Zua was taking
pictures in Sao Paulo, the capital city’s
most dangerous neighborhood, when
police told him he was not allowed to report on the area. They grabbed his camera and removed its memory card before
releasing him. Later, the entire content of
the memory card was deleted.
As occurred in April, government officials once again tried in October to control the media by making accusations.
On 12 October, the President of Angola’s
National Assembly, Roberto de Almeida,
2005
11
Benin
blamed independent media for trying “to
instigate the return of war in Angola,” as
reported by MISA. The major weekly
independent newspaper, Semanario Angolense, was a particular target of these
accusations as De Almeida was referring
to an article published by the paper. The
article examined the plight of a group of
soldiers allegedly unhappy with the treatment they had been receiving from the
government. Semanario Angolense vehemently denied these accusations about its
coverage, replying on 15 October, “If
anyone should be blamed for a possibility of a new war it should be those who
insist on unfair distribution of the country’s wealth, which benefits only a few
elite and leave the majority of the people
to live in poverty.” A source from the
Angolan Association of Independent
Press (AIPA) told MISA, “We will be
coming out soon with a proper response
to the attack.”
The violations of media freedom reveals a country in transition, where press
rights are still fragile and need to be developed and safeguarded. It is encouraging that elections are to be held in 2006,
but the media must be able to cover the
vote freely and without government cenG
sorship.
B
enin enjoys one of the sub-Saharan
region’s most vibrant media landscapes – and the market continues to
grow. The poor financial circumstances
under which many news outlets operate
leaves journalists open to bribery and
blackmail however, and there have been
discussions about professional ethics
among journalists.
The constitution guarantees freedom
of speech, but there are exceptions. A
criminal libel law from 1997 is used occasionally against journalists and the country has a history of assaults against media
workers. In 2004, a journalist went to jail
for his reporting. The independent press
however remains highly critical of both
government and opposition leaders and
their policies. Despite these problems,
media consumers in Benin enjoy a wide
and diverse range of opinions and news.
In mid-June, employees with public
television and radio in Benin went on
strike, blacking out broadcasts all over
the country. The reason for the strike was
a decision by the management to launch
a new semi-private television channel.
Staff at the Office of Radio and Television of Benin (ORTB), who launched the
72-hour strike, opposed their employer’s
plan to start the country’s third television
channel.
We are being taken for
idiots and they want to
present us with a fait
accompli in creating
another channel
The new operation was launched in
partnership with private television channel La Chaine 2. The striking employees
said that the plan for the new station was
hastily planned, and staff had not been
properly consulted about the project.
“It is clear that we cannot work in
these conditions. We are being taken for
idiots and they want to present us with a
fait accompli in creating another channel,” said one journalist who wished to
remain anonymous. Nevertheless, ORTB
director general Fidel Ayikoue insisted
the new station would meet consumer’s
needs. “The fear of neighbours and inhouse competition will create a taste for
good work,” he said.
In August, Benin’s high authority on
broadcasting and communication (HAAC) gave Canal 3 – a new private television operator – a government frequency
under a ten-year contract. The new channel, which first hit the airwaves in December 2004, will now try to operate on
a permanent basis. It is the third private
television station broadcasting in the Beninese business capital. The decision is
symbolic of the change and vigour that
exists in Benin’s media climate. Today,
the country boasts over 30 dailies, 60
periodicals, 70 radio and five television
stations.
On 1 September, the HAAC gave a
warning to the FM EKPE radio station
on grounds that the station’s manager
had been exploiting “a frequency not
allocated to him” for many years and had
ignored several warnings. The HAAC,
which reserves the right to dismantle the
radio’s broadcasting installations, instructed the station to comply with the law
G
within a week.
12
2005
Botswana
I
n general, the government respects
freedom of speech and the media, and
these rights are also provided for in the
constitution. Unlike other African countries, libel is a civil offence, but defamation suits often result in steep fines for
media outlets if found guilty – something
that at times can act as a deterrent on investigative reporting. There are also other
problems: Occasionally, journalists are
harassed or even assaulted due to their
reporting.
The state dominates the broadcast
media, particularly nationwide radio and
television stations. These outlets are also
the main news sources for the majority of
the population, due to economic and literacy issues. State-controlled media usually provide news coverage in line with
official policy, and opposition politicians
have a hard time gaining access to the airwaves. There have also been reports of
government interference in editorial policies at state controlled media outlets. This
year, the government also announced that
it would retain the stringent apartheidera National Security Act, which commentators say poses an obstacle to a free
press climate.
A number of independent dailies and
weeklies published in the larger cities
provide a critical view of the government’s
policies. However, there are still topics
deemed too uncomfortable to report on,
and journalists that do so often face reprisals.
On 27 July, journalist Rodrick Mukumbira, a Zimbabwean national, received a letter from the Botswana government stating that his work and residence
permit had been revoked. “I am directed
to inform you that the Minister has, by
powers conferred upon him in terms of
the provision of Section 22 (1) of the
Immigration Act and Section 8 (1) of the
Employment of Non-Citizens Act, cancelled the work and residence permit in
your possession,” the letter read in part.
Mukumbira’s permits were set to expire
in October 2007.
The letter also contained an order stating that Mukumbira must leave the
country within seven days. On 2 August,
Mukumbira left Botswana, a country he
had worked in since 2002. Mukumbira
worked as a news editor for the Ngami
Times and as a correspondent for international news media outlets, including
Agence France-Presse and the UN-affili-
ated IRIN. Mukumbira told media that
the government had given no explanation
for its decision, but he believed the expulsion was directly connected to his work as
a journalist.
In an interview with CPJ, he said it
might be linked to his reports on sensitive subjects such as the government’s
eviction of the San people of the Kalahari
Desert from their ancestral homeland.
The managing editor of the Ngami
Times, Norman Chandler, told MISA
Botswana that the decision came as a surprise. “We are absolutely mystified by
this action and we would like to know
the reasons given by the government for
withdrawal of his permits. Mukumbira
has worked for us for over two years now,
he is a valued member of staff at Ngami
Times,” said Chandler. The government
on the other hand refused to comment
on the decision.
On 3 June, IPI condemned the deportation of Professor Kenneth Good from
Botswana. IPI’s director said it was a decision that “undermines the country’s position as one of Africa’s freest.” On 18 February, three officials, one carrying handcuffs, called at Good’s home and said that
President Festus Mogae had declared him
a prohibited immigrant and that he had
48 hours in which to leave Botswana. On
1 June, Good, a political science lecturer
at the University of Botswana for the past
15 years was deported from the country.
Good’s deportation came only hours
after the Lobatse High Court upheld the
government’s right to deport him. In
their judgement, the three High Court
Judges dismissed the arguments of Good’s
lawyer given on 3 May and said the deportation order and presidential decree
should be allowed to stand.
Upon hearing the High Court’s decision, the judges refused a two-day stay of
execution in order to appeal. In reaching
this decision, the court said that Good
could appeal when outside of the country. In his remarks to the court, Good’s
lawyer said his immediate deportation
would lead to his daughter being withdrawn from her senior secondary school,
an act that would severely curtail her
studies.
Once the order of the court was given,
Good was detained, taken to an unknown
location and then driven to Sir Seretse
Khama Airport. With security personnel
travelling with him, Good was placed on
a flight to Johannesburg where he was to
take an onward flight to his native
Australia.
The deportation is the direct result of
a speech that Good had been prepared to
deliver at a public meeting at the University of Botswana on 23 February. It
apparently contained highly critical comments on the conduct of Mogae and Vice-President Ian Khama. On 18 February, Good received an order stating he
should leave the country.
“Good’s deportation is disturbingly
similar to the enforced May 2003 deportation of Guardian journalist Andrew
Meldrum from Zimbabwe, one of the
most repressive countries in Africa,” said
IPI Director Johann P. Fritz. “I am stunned by the court’s decision to force Good
to leave the country part-way through the
legal process and on the flimsy legal basis
that his defence can be as effective in
Australia as it could be in Botswana. As a
result, Good has been denied the right to
appear before the court in person and
hear legal argument.” Good is appealing
the High Court judgement from exile in
London.
Ditshwanelo, a human rights group
operating in Botswana, also condemned
the decision. “As a political science lecturer at the University of Botswana, Kenneth Good regularly commented on the
state of human rights and the need for
responsible citizenship and good governance in Botswana. The government continually refuses to officially explain the
reason for Good’s deportation, instead
saying only that it was in the ‘national interest’,” Ditshwanelo stated.
On 1 July, Vanessa Chikuzunga, a
production assistant for the Customer
Watchdog programme aired on the
GabzFM radio station, was threatened in
a shop in Gaborone, MISA reported.
Chikuzunga was in the shop writing
down prices and expiry dates on products
when a security guard approached her
and escorted her to the manager’s office
demanding that she hand over her notebook. Chikuzunga explained to the manager what she was doing in the shop. The
manager, however, demanded to know
why she was writing down prices and told
her that she was not welcome in the shop.
He also threatened to withdraw advertising from GabzFM and sue Chikuzunga, something he later denied when asked
about the incident – claiming that he has
2005
13
Burkina Faso
the right to determine admission to the
shop and that he would welcome anyone
checking prices provided they sought permission from management.
In October, the programme provoked
anger from the business sector once
again, this time in form of a legal threat
directed at the host of the programme,
Kate Harriman. The company Shoprite
delivered the threat. The retail chain
wrote a letter to the station, alleging that
Harriman was abusing her position to
launch an unwarranted attack on Shoprite and its officials. “[W] e strongly suggest that you cease your biased public
criticism which is both unfair and unwarranted. Our rights are accordingly reserved to take whatever legal action we consider appropriate against both you and
your radio station,” the letter read in
part.
The letter stems from research done
by Harriman into an incident in June in
which a woman injured herself when she
tripped over builders’ shelves left by construction workers in one of the chain’s
stores. The woman has claimed the right
to compensation, something the company denied her.
In April, MISA reported that Botswana’s government would retain the stringent apartheid-era National Security Act
despite complaints from journalists that
it limits media freedom. According to
media reports, Presidential Affairs and
Public Administration Minister Phandu
Skelemani said that it would be “unwise”
to repeal the law. The law was introduced
in 1986 at the height of apartheid South
Africa’s aggression towards its independent neighbours. “The Act is seldom invoked, but has been preserved for use when
expedient,” Skelemani explained, arguing
that it is needed in the global fight
against terrorism.
According to MISA, the act stifles
journalism and contains provisions forbidding any person from publishing official information, however insignificant,
without authorisation, and bars media
reports on Botswana’s military strength
and defence expenditures. Since its enactment, it has been used to charge seven
G
people, including Kenneth Good.
I
n general, the authorities in Burkina
Faso respect freedom of the media.
However, there are a number of laws
remaining on the books that can be used
against journalists. One of them is the
Information Code, implemented in 1993
that allows for news outlets to be arbitrarily banned if “accused of endangering
national security or distributing false
news.”
The Ministry of Information regulates
all media, and the Supreme Council of
Information, in addition, regulates the
broadcast media. State-run media is generally favourable to the administration residing in power, even though the private
press provides alternative perspectives on
events.
There are several independent dailies and some
50 radio stations operating
alongside broadcasts from
international news outlets
There are several independent dailies
and some 50 radio stations operating
alongside broadcasts from international
news outlets, providing more nuanced
news coverage. Three new commercial
television channels have also been established. Milder forms of self-censorship
exist, and police have a reputation for harassing journalists who produce uncomfortable reports.
On World Press Freedom Day, journalists in Burkina Faso commemorated
their slain colleague Norbert Zongo, former editorial director of the weekly l’independent who was assassinated in December 1998. The media also demanded
that a probe be made into the killing and
denounced the “judicial delays” and demanded justice for “our colleague.”
Investigations into the killing have
stalled, even though the media continuously reports on the case. The main suspect in the case, President Blaise Compaore’s brother, has never been charged and
has been questioned only once.
In connection with these events, three
major journalists associations - The Private Press Publishers Company (SEP),
the Burkina Faso Journalists’ Association
(AJB) and the Autonomous Union of
Information and Culture Workers (SYNATIC) – have noted that one of the ma-
jor obstacles to journalism in Burkina
Faso is the difficulty of accessing sources
of information. “Journalists have been
threatened, battered, held illegally and
thrown in jail while doing their job,” the
organisations added in their statement.
At the end of the year, there was political bickering in the run-up to the presidential election. The opposition attempted to prevent President Compaore from
standing for a third term, an attempt
that was rejected by the Constitutional
Council.
Opponents to the president said his
bid for the presidency would be unconstitutional because he has been in power
for 18 years, and that a constitutional
amendment in 2000 reduced the president’s mandate to a five-year term, renewable only once. The Constitutional
Council ruled that this did not apply to
Compaore, because he was elected for
seven-year terms under the arrangements
in place before the amendment.
On 12 December, media watchdog
ARTICLE 19 wrote a public letter to
Prime Minister Compaore, urging him to
improve access to information. “ARTICLE 19 is concerned that there is no
legal provision in place to specifically
guarantee equal access to information.
Recognised by international conventions
to be necessary to democracy, this right
stipulates that everyone has access to diverse sources of information, notably
those from government sources,” the letter reads in part. The organisation also
said that certain regions, given their distance from the capital and the poor state
of the road networks, were not privy to
election coverage, in last year’s election. G
14
2005
Burundi
I
n Burundi, news media are sometimes
suspended or banned. While there have
been some legislative progress for press
freedom, reports of censorship have come
to light and journalists reporting on sensitive issues by the government face harassment, detention, and violence.
As a result, similar to other parts of the
region, self-censorship is often practiced.
The government controls the main broadcast media, which is also the main source
of news for the population – even though
international radio broadcasters such as
the BBC are gaining in popularity.
The 1997 Press Law forbids the dissemination of “information inciting civil
disobedience or serving as propaganda
for enemies of the Burundian nation during a time of war.” Newspapers have oc-
station’s transmitter. Police also detained
eight journalists briefly in connection to
the raid.
According to CPJ, RPA Deputy Director Jean-Marie Hicuburundi, together
with seven colleagues, were taken to a police station and held for four hours without explanation before being released
without charge. The background is a
standoff over the station’s news coverage.
The state radio station, RTNB, quoted
President Domitien Ndayizeye as saying
that he had decided to close RPA to “safeguard the integrity of state institutions."
On 15 July, the CNC ordered the indefinite closure of the station, claiming
that its election coverage was biased and
that it had insulted the council. The director of the station, Alexis Sinduhije,
quired the station to close down indefinitely. An association of Burundian journalists, an association of private radio
broadcasters, and the Burundian Press
Observatory mediated the agreement.
Mediators said the Council had agreed
to lift the ban at the end of the 48 hours,
but failed to take the necessary administrative steps. RPA resumed broadcasting
on 21 July and police raided the station
on the following day. On 27 July, the
Council decided to allow RPA to resume
broadcasting.
RSF reported that CNC head JeanPierre Manda had submitted his resignation the day before the station was allowed back on air to discredit rumours that
he had been settling a personal score when
he ordered RPA’s closure.
On 23 June, radio and online journalist Etienne Ndikuriyo was released on
bail after having spent more than a week
in jail after filing a story about the health
of President Domitien. In a telephone
interview with CPJ, Ndikuriyo said, “I
am very happy to be out of prison. If my
colleagues here and all around the world
had not supported me so strongly, I don’t
think I would be out now.”
As a result, similar to other
parts of the region, self-censorship is often practiced
A woman cast her ballot at a polling station in Vyegwa, a village in the N'Gozi province of
Burundi, 4 July 2005 during parliamentary elections. (AP Photo/Riccardo Gangale.)
casionally been forced to close for brief
periods. Fines and prison terms are still
used by the government against the media, especially when it comes to critical
reports on the president. The state-run
National Communication Council
(CNC), a regulatory body, occasionally
bans or suspends independent publications. This year, a number of press freedom violations were reported – including
the arrest of a reporter.
On 22 July, the independent radio station Radio Publique Africaine went off
the air after police closed its offices. Police padlocked the doors and cut off the
claimed otherwise and kept broadcasting
in defiance of the order.
During the elections, President Ndayizeye’s FRODEBU party lost to the former rebel movement CNDD-FDD. Sinduhije told CPJ that his station gave all of
the parties 20 minutes of airtime per
week during the municipal and parliamentary election campaigns. Burundi
held municipal elections on 3 June and
parliamentary elections on 4 July.
After a couple of days, a compromise
was reached, and on 19 July the station
agreed to close for 48 hours, allowing the
CNC to lift its original ban, which re-
Police arrested Ndikuriyo on 14 June
and he was detained for three days at the
national security agency, before being
brought before a public prosecutor and
transferred to Bujumbura central prison.
He was held without access to a lawyer.
According to his lawyer, Ndikuriyo
was accused of “violating the honour and
the privacy of the head of state.” The case
is built around a 9 June article that said
the president was suffering from depression in the wake of his party’s defeat in
the municipal elections. The story appeared on the e-mail news service Zoom Net.
Security agents asked Ndikuriyo to
reveal his sources, but he refused. They
then interrogated him even though the
Burundi media law states that journalists
cannot be forced to reveal their sources.
Ndikuriyo is the first Burundian journalist imprisoned for his work since 2001,
G
and the first under Ndayizeye.
2005
15
Cameroon
T
here is media freedom in Cameroon, but this freedom is restricted
in practise and severely constrained by a
number of laws. The penal code prescribes prison sentences and hefty fines for
contempt, defamation, or dissemination
of false news. The authorities harass and
detain journalists. News outlets have been
shut down when producing critical coverage of the sitting government. A side
effect is widespread self-censorship, especially in terms of political reporting. Television stations, in particular, have been
targeted. While there have been some
reports of improvements for journalists,
the country still has a considerable distance to travel.
One of the newspapers targeted is
L’Oeil du Sahel. According to CPJ, the
country’s security forces have harassed the
newspaper continuously. Based on information from the newspaper’s director,
Guibaï Gatama, L’Oeil du Sahel has faced
at least twelve court cases since the beginning of this year. The legal actions have
put the newspaper in dire financial straits,
threatening its continued existence.
L’Oeil du Sahel was founded in 1998
and is one of the few independent media
outlets covering Cameroon’s isolated
northern region. The newspaper is outspoken, and has a reputation for not
flinching in the face of authority, and has
reported stories about the abuse of power
of security forces. Journalists working for
the newspaper are often threatened and
intimidated by local officials and soldiers.
In August, a court in the city of Maroua, sentenced Gatama in absentia to pay
damages of five million CFA francs each
to the head of military security in the
province and a local high school superintendent, as well as a fine of two million
CFA francs. The fine stems from an article published in L’Oeil du Sahel in October 2003, alleging that the security chief
had beaten up the superintendent after a
dispute over the security chief ’s son.
On 26 April, a court sentenced Gatama and his colleague journalist Abdoulaye Oumaté to five months in prison with
no parole and a fine of five million CFA
francs for defamation. Both were sentenced in absentia. The case concerned an
article published in the newspaper criticising a local military police brigade.
Commenting on the cases against the
newspaper, Ann Cooper, executive director of CPJ said, “We are concerned that
army officials are using the courts to intimidate the courageous staff of L’Oeil du
Sahel. While we do not dispute the right
of individual citizens to seek redress for
alleged libel, this pattern of harassment
suggests a targeted campaign.”
On 6 July, Joseph Bessala Ahanda, editor-in-chief of the newspaper Le Front
was arrested and detained pending trial
in a legal case that involves three articles
published in Le Front about alleged embezzlement by the head of the Cameroon
postal services. Ahanda was immediately
arrested and brought before the prosecutor and then transferred to Kodengui
Prison. Ahanda was released on 21 July.
However, he still awaits trial – no date
has yet been set for a hearing. In May,
Ahanda was abducted and beaten by a
group of unknown individuals. He subsequently filed a complaint, but the authorities failed to take action.
While there have been
some reports of improvements for journalists, the
country still has a considerable distance to travel
On 14 July, the government of Cameroon lifted a two-year ban on the private
radio station Freedom FM. The station
was founded by Pius Njawé, a veteran independent journalist and one of IPI’s fifty press freedom heroes.
The radio station had been shut down
in May 2003 by the Communications
Ministry, the day before it was scheduled
to go on air. The ministry claimed Freedom FM had not followed the proper
procedures in applying for a broadcasting
license – something Njawé has contested.
According to media reports, Cameroonian Communications Minister, Pierre
Moukoko Mbonjo, lifted the ban after a
long round of negotiations between government representatives and the Free
Media Group, the radio station’s parent
company. According to Njawé, the closure has cost the station a large sum of
money.
Commentators, however, believe the
real reason behind the shutdown was that
the authorities feared the station would
have been critical in its reporting of the
government in the lead-up to presidential
elections, held in October 2004.
The compromise reached by the two
parties included the government granting
Freedom FM “provisional authorization”
to operate. This is common in Cameroon
and critics claim that the failure of the
government to grant private radio stations formal licenses places them in limbo, and makes them vulnerable to arbitrary shutdowns by the government.
On 9 February, RSF reported that Jules Koum Koum, editor-in-chief of the
independent bi-weekly Le Jeune Observateur, had been granted a provisional release. On 10 January, Koum was sentenced to six months in prison for allegedly
defaming the CPA insurance company in
an article published in February 2004.
Koum Koum had spent the time in jail
under very harsh conditions. The newspaper has had a spate of lawsuits against
it during the year. The article was published on 8 February 2004, and challenged the integrity and management of
CPA and Satellite, another insurance
company.
On 11 November, Australian freelance
journalist Andrew Mueller was arrested,
and spent three days in jail. He was arrested in the town of Kumbo when travelling with two leaders of a banned separatist movement, the Southern Cameroon
National Council (SCNC), in the English-speaking northwestern part of Cameroon.
Police questioned Mueller and recorded statements from him about his activities in Cameroon. They also searched his
bag and confiscated documents that had
been given to him by members of the
movement. Mueller, who writes for The
Independent and The Guardian, was not
charged and was eventually allowed to
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board a flight to London.
16
Cape Verde
By Sarah Adler
T
he Republic of Cape Verde, a West
African archipelago in the Atlantic
Ocean, has a stable, democratic government; but it also has rules and restrictions
that repress the media.
Media issues in Cape Verde were discussed in an interview on Portuguese TV
on 1 September. The discussion reflected
a climate that is not open enough for a
free press to truly flourish. As reporter,
Hulda Moreira, said in the interview, “In
addition to bureaucracy, maybe opening
a private television station continues to
be a risky business for many entrepreneurs.”
Both installation costs and laws about
license granting make starting-up broadcast channels difficult. In addition, the
physical features of Cape Verde hinder
the expansion of TV and radio. Director
of Cape Verde Communications, Eugenio Martins, said in the interview, “Even
our own national television has some difficulties due to our geographic diversity.
We are an archipelago with different characteristics on each island, with shady
areas, high demands, where a lot is needed to be able to install a television.”
With legislative elections
in January 2006, media will
be particularly important in
the coming months
There have, however, been initiatives
that might improve the media climate.
For example, Pulu TV, started by Carlos
Pulu in Sao Vincent, may “become the
first private television station with a regional character in Cape Verde” according to Moreira. However, this private TV
channel does not contain any political
material. “It is only for entertainment
...So, I am breaking the law to please my
people”, Pulu said.
Other changes in the media environment include the illegal retransmission of
foreign channels. This phenomenon creates a greater plurality of views. However,
it has also been an intractable problem
for authorities. As Moreira commented,
“Cape Verde authorities say that it is necessary to accelerate the establishment of
legal and control mechanisms or be overtaken by modern technology.”
2005
Central African Republic
For a small group of islands like Cape
Verde, education and other forms of
connection to the outside world such as
the Internet and telephone are of particular importance. These telecommunications systems inform people and are
expanding.
With legislative elections in January
2006, media will be particularly important in the coming months. Media reports, if carried out in a balanced and free
manner, help ensure that the democratic
process truly has relevance and meaning
in citizens’ lives. As the island’s economy
grows, after recovering from droughts in
the second half of the 20th century, Cape
Verde’s media system needs to become
G
freer and more tolerant.
By Sarah Adler
W
hile steps towards greater press
freedom have been made, criticism of the government remains risky.
The Central African Republic seems to
be working towards an open media environment; however, more tolerance is still
needed.
On 8 May, incumbent President Francois Bozizo won elections in the Central
African Republic over former Prime Minister Martin Ziguele. President Bozizo,
who took office the following June, appears to support democratic freedoms,
claiming that “his five-year mandate
would be one of guaranteeing development and democratic freedom,” according to the UN Integrated Regional Information Networks. However, freedom of
the press is still repressed in the Central
African Republic.
In October, Communications Minister Fidele Ngouandjika made accusations
against the media that led to censorship.
He claimed that the press was “de-stabilizing the government” and that news
dailies were acting as “opposition newspapers,” according to an Agence FrancePresse (AFP) article. Ngouandjika then
prevented national television from airing
a rebuttal to his remarks from the High
Communications Council (HCC), a reputable media regulatory body.
While steps towards greater
press freedom have been
made, criticism of the government remains risky
In a press release issued on 3 November, HCC Chairman Joseph Vermond
Tchendo wrote, “The High Communication Council worries about this dictatorial drift, which, if we do not pay attention, is likely to tarnish the image of our
democracy and the credibility of our
country. The latter were regained after
the democratic elections of March and
May 2005.”
On the positive side, the Central African Republic was cited as one of the
countries leading an “international trend
towards abolishing criminal defamation”
in an article by the press freedom group
ARTICLE 19. The group criticized crim-
2005
17
Comoros Islands
inal defamation laws as a restriction on
freedom of expression. After local journalists fought for the government to
decriminalize press offences, the Central
African Republic followed the example of
Uganda and Togo and did this in 2004.
In addition, the Central African Republic may get US help in developing a
more vibrant media. James Panos, chargé d’affaires at the US embassy, has emphasized the need for the “expansion of
the press” in Africa. Panos said, “The
United States is prepared to help African
media organizations purchase new equipment”, according to a Pan-African News
Agency (PANA) daily newswire on 18
G
October.
By Sarah Adler
E
ver since gaining independence from
France in 1975, the Comoros Islands
have experienced intense political unrest.
A brief overview of political developments shows how tense the situation is.
Two of the nation’s three constituent islands, Anjouan and Moheli, attempted to
break away in 1997 and declare independence. A 2001 Constitution that
granted each island its own president, as
well as a greater amount of autonomy,
attempted to re-unite the three islands of
Anjouan, Moheli and Grande Comodore. All three are presently semi-autonomous, while being under the overall leadership of President Azali Assoumani who
heads the Union of the Comoros. The
federal government controls security and
financial matters. The elected autonomous island authorities control local
policies.
In early January, there was strong government interference in the media on the
island of Anjouan. On 13 January, Radio
Dzialandzé Mutsamudu (RDM), a privately owned radio station based in
Mustamudu, the capital of Anjouan, was
suspended indefinitely by Anjouan’s
autonomous Interior and Information
Ministry. This occurred after RDM agreed to air the opinions of doctors who
were on strike. These doctors had not
been allowed to express their views on the
state-owned station Radio Télévision
Anjouan (RTA) in answer to comments
Fadhula Said Ali, the health minister of
Anjouan, had made on the same broadcaster.
An explanation was sought at a meeting between RDM coordinator Said Ali
Dacar Mgazi, RTA executives and the
Interior and Information Minister Djanffar Salim. At this meeting, Salim issued a
suspension order accusing RDM of producing “programmes that do not conform
with its [own] governing statutes and regulations.” RDM was founded as a community radio station in 1992. While
RDM focuses on cultural programming,
there is no law preventing it from broadcasting news programs.
Reacting to the suspension, Reporters
sans Frontières (RSF) and the Committee
to Protect Journalists (CPJ) called for the
Anjouan government to allow RDM to
resume its news broadcasts. On 29 Janu-
ary, RDM received permission to resume
its nightly news program.
In a country where private newspapers
exist but self-censorship is common, a
news broadcast such as the one that was
suspended is particularly important. As
RSF noted, “Suspending this programme
means cutting the island off from the rest
of the world and undermining diversity
in news reporting, which is essential in a
democracy.”
Presidential elections in the Union of
Comoros are scheduled for 2006. President Assoumani, who has been in office
since elections in April 2002, is expected
to step down and allow the presidency to
be passed on to someone from another
island. Each of the presidents from the
semi-autonomous islands is also a vicepresident of the Union of Comoros.
It is crucial that there is media freedom in the coming months ahead of elections. Private radio stations should be permitted to broadcast the opinions of anyone they wish, regardless of the governing
party’s desire to control the flow of inforG
mation.
18
2005
The Democratic Republic of Congo (DRC)
Death Watch
Country (1)
By Sarah Adler
T
he past year has been a turbulent
one for the Democratic Republic of
Congo (DRC). With a transitional government established after a brutal and
prolonged civil war, elections were planned for June 2005, but were postponed.
Numerous freedom of expression violations occurred, ranging from censorship
to murder. Coverage of politics, such as
opposition to the postponement of elections, has proved to be hazardous for
journalists.
Furthermore, in many provinces, militiamen still take the law into their own
hands and abduct or assault reporters. A
climate of impunity, fear, and insecurity
makes working as a journalist in the
DRC both difficult and precarious.
There is now a drastic need for vigilance
in the DRC in order to enforce the rights
of the press and approaching elections
make guaranteeing media freedom all the
more urgent.
The country’s Constitution guarantees
freedom of expression. Yet, there are laws
still on the books from the times of dictatorship working against the right to
freedom of speech. For example, Congolese law allows for a judge to imprison
journalists who report on smuggling, a
practice that often occurs in the DRC,
especially along the border between the
country’s Katanga province and Zambia.
This law aims at “protecting the honour
and dignity of those implicated in the
trade” according to a Journaliste en Danger (JED) report, but in fact stops reporters from working freely. The same
JED report points out that this “unjust
law dates back to the Mobutu dictatorship” and that “JED continues to press
for the decriminalisation of press infractions other than incitement to racial
hatred, violence or murder, or defence of
criminal activity.”
Colonel Joseph Mobutu, who later
changed his name to Mobutu Sese Seko,
seized power through a coup in November 1965 and was toppled by Laurent
Kabila in 1997.
In addition, there has been murder
and attempted murder of journalists. On
3 November, three masked men in civilian clothes assaulted Franck Ngyke Kangundu, a political columnist for the Kinshasa-based daily La Référence Plus at his
home in Kinshasa and shot him and his
wife, Héléne Mpaka. Both were killed.
When Ngyke pleaded with assailants
to spare his life and told them they could
take his money and car, the attackers
allegedly told Ngyke that they had been
sent to kill him. After shooting him, they
ran away with the victims’ cellular
phones, but did not take any other valuables. Djoudjou Kangundu, one of the
journalist’s sons, was shot in the shoulder
while trying to come to his father’s aid.
He was hospitalised due to his wounds.
On 1 August, in the eastern city of
Bukavu, three men broke into the home
of Pascal Kabungulu Kibembi, executive
secretary of the group, Heirs to Justice
and vice-president of the Great Lakes
Region Human Rights League, and shot
him in the chest in front of his wife and
children, killing him.
In May 2003, after Kabungulu had
published a report on the RCD-Goma’s
pillaging of Kivu’s mineral resources,
Lieutenant-Colonel Thierry Ilunga, commander of the DRC’s 105th brigade and
a former officer with the rebel group
RCD-Goma, now integrated into Congolese political life, publicly issued a
death threat against Kabungulu.
There has been murder
and attempted murder of
journalists
A statement by one of the killers,
included in a 31 August RSF report,
read, “Today is your last day ... You think
you’re invincible because of what you
write and say in the newspapers and on
the radio. We’re fed up with you, journalists and human rights activists, who think
you can change the world.”
Police arrested suspects in the murder
identified as Captain Gaston and Lieutenant Vasco. However, Illunga freed both
Gaston and Vasco from jail shortly afterwards and placed them instead under
house arrest.
Kabungulu’s murder has had repercussions on how journalists work. “We have
to censor ourselves if we want to save our
skins” a reporter from the community
radio station Maendeleo told RSF under
cover of anonymity. “In the current context, in which the life of a journalist or a
human-rights activist is worth nothing,
how do you expect us to say what we
know?” he said.
In the same RSF report, the organisation reported that most of the region’s
journalists mentioned the existence of a
blacklist of reporters and human rights
activists to be shot. Local reporters also
said that they regularly receive threats
without daring to report them to press
freedom or human rights groups. These
accounts reveal a negative environment
in which reported incidents only show
the tip of the iceberg.
An attempted murder occurred on 28
May, in Lubumbashi, capital of the
southeastern province of Katanga when
three soldiers accosted journalist Jean
Ngandu of Radio Okapi and fired five
gunshots, but missed him. Alerted by the
noise, a neighbour shot in the air with his
police firearm. The soldiers then fled taking with them Ngandu’s bag containing
his radio equipment.
Ngandu had recently covered atrocities by Mai-Mai militias in the north of
the province, as well as a crisis set off by
Katanga’s attempt to break away from the
DRC, which was condemned by the government.
Defamation-related arrests, detentions
and imprisonment are all too common.
On 13 October, Jean-Jacques Luboya
N’Samba Shake, publisher of La Verité, a
newspaper based in Lubumbashi, was
arrested. He was held in custody until 15
October, at which time he was released
on bail, as ordered by a Lubumbashi high
court. Bail was set at approximately
US$170. For the duration of the investigation, Luboya was required to present
himself at court every Tuesday and
Friday.
The arrest, ordered by State Prosecutor Médard Luyamba, was the result of
defamation complaints from three businessmen, Mr. Vikas from India and Ali
Hamoud and Mahomet Hamoud, both
from Lebanon. Lubumbahsi High Court
Magistrate Dauphin Mawazo Pangamali
questioned Luboya while he was in custody over two articles published in the 10
and 11 October editions of La Verité. The
stories implicated the businessmen in a
series of custom frauds in Katanga. The
articles were written by Kyungu Mwana
Banza.
2005
19
Unidentified Congolese election officials
sort through the contents of a burned-out
polling station in Kinshasa, Congo on the
morning of 17 December 2005.
(AP Photo/Anjan Sundaram)
Journalists also face arbitrary detentions. On 6 January, in Kinshasa/Limete,
Congolese National Police detained four
reporters who were covering a demonstration organised by the Kinshasa Student Co-ordinating Committee. They
were questioned about the “motive for
their presence at the site of the student
demonstration,” according to a JED report. A camera belonging to one of the
journalists was damaged.
These accounts reveal
a negative environment
in which reported
incidents only show the
tip of the iceberg
On 31 March, Médard Ndinga Masakuba and François Mada, publisher and
publications director respectively of the
bi-weekly Kinshasa-based newspaper La
Manchette were arrested and taken into
custody at the Kinshasa/Kalamu High
Court Prosecutor’s Office. After spending
the night at the Prosecutor’s Office
Detention Facility, Masakuba and Mada
were questioned at noon the next day
about two articles dealing with a conflict
involving two traditional chiefs in the
Bulungu territory in western Bandundu.
The articles appeared in issues 661 and
662 of La Manchette. On the afternoon
of 1 April, the journalists were released.
They were ordered to appear before the
examining magistrate on 5 April.
In another example of repression, police on 27 June questioned Léon Mwamba, correspondent in the southern town
of Tshikapa for the Kinshasa-based daily
La Prosperité, about an alert written by
JED and published in the 21 June issue
of La Prosperité. The alert reported on a
prior incident concerning Laurent Lukengu, a journalist at the Tshikapa-based
radio station KHRT (Kasai Horizons)
who was questioned and arrested by the
National Intelligence Services (ANR) in
mid-June. Mwamba was held in a cell for
24 hours, and finally released on 28 June.
He told JED that ANR agents first
frisked him. Not finding anything, they
then undressed him and left him in a
holding cell after threatening to kill him.
The government has also resorted to
cutting off broadcasting stations and censoring content. On 18 January, Press and
Information Minister Henri Mova
Sakanyi ordered Binza Meteo transmission centre to cut the signals of Canal
Congo TV (CCTV), Canal Kin TV
(CKTV) and Radio Liberte Kinshasa
(RALIK). In addition, Sakanyi banned
specialised and religious television and
radio stations from airing political programmes, news programmes, talk shows
and phone-in programmes. Transmission
was restored on 21 January, after CKTV
and RALIK Director Stéphane Kitutu
signed a letter promising to respect the
law and media ethics.
In another attempt at government
control, Governor of South Kivu
province Augustin Bulaimu threatened
on 3 April to close the province’s community radio stations. At a press conference, Bulaimu complained that the "stations did not make his voice heard" and
that it was the stations’ responsibility to
"talk about the authorities’ activities,
however unimportant they might seem."
The government has also
resorted to cutting off
broadcasting stations and
censoring content
On 17 May, Radiotélévision Débout
Kasaï (RTDK), a community radio station based in Mbuji-Mayi, capital of East
Kasai province, central DRC, was raided
by a group of officers from the Congolese
National Police’s Special Services, led by
Major Israel Kantu. The police closed the
station and ordered the staff to leave the
premises immediately. RTDK staff
believe the station’s closure was linked to
a broadcast about the distribution of
pamphlets in Mbuji-Mayi urging local
citizens to participate in a civil disobedience campaign which aired during RTDK’s 16 May evening news program.
Journalists are also in danger from
assaults and abductions. On 8 March,
soldiers attacked Aditien Basabose, a cameraman for the Canal Congo television
20
2005
Cote d’Ivoire
station (CCTV). Basabose, and another
journalist, Ginette Nzosa, were in the
Brikin neighbourhood in Kinshasa/Ngaliema to report on a dispute between Environment Minister Anselme Enerunga
and occupants over a parcel of land.
Enerunga had taken over the land and
evicted at least ten families living there.
Basabose was beginning to film and question the occupants about the dispute
when soldiers guarding the property
intervened. They attempted to grab Basabose’s camera and chase the journalists
away. At that moment, Enerunga arrived
with another group of soldiers. These soldiers beat Basabose and broke his camera.
Nzosa was able to escape.
Journalists are also
in danger from assaults
and abductions
On 24 April, six Congolese journalists
were abducted by a group of Mai Mai
militiamen operating under the command of Chinja Chinja (“Cut Throat”), a
leader of the Mai Mai militia who was
arrested on 8 April after having been
charged with human rights abuses against
citizens of the Upper Lomani district.
No official reason was given for the hostage taking, but it is believed that was in
retaliation for the arrest of Chinja Chinja. The journalists are being held in the
port of Kilumbe, which is about 400
kilometres from Lubumbashi. They had
gone to the area to cover the disarmament of armed militias in Southeastern
Katanga province. According to JED
sources, negotiations between Minister
Mulunda and Mai Mai militiamen aimed
at ensuring the journalists’ prompt release
G
began on 26 April.
By Issa Mansaray
T
here have been repeated campaigns
to bring those responsible for the
deaths of journalists to justice. Sadly, the
government is torn by political infighting
and pays little attention to the media outcry. The government is often hostile or
suspicious of the independent media.
Moreover, the government continues to
question the nationality of opposition
leader Allassane Ouattara, who is standing in the forthcoming election.
For many years, the Parti Démocratique de la Cote d’Ivoire (PDCI) and more
recently Gbagbo’s Front Populaire Ivorien (FPI) have used political propaganda
to remain in power. Security also remains
a major source of concern throughout the
country, and private security firms are
being hired to protect the headquarters of
international organisations. However, in
a country where security is not guaranteed, both rebels and the government
forces have been accused of targeting and
killing journalists.
The political class has
distilled the rhetoric of hate
to the point where many
believe the “other,” defined
by ethnic group, regional
origin or political affiliation
is a mortal enemy
President Gbagbo is said to have become a captive of his hardliners, especially members of the National Assembly unhappy with news coverage in the independent media. At the peak of the recent
war in 2004, the president of the National Assembly, Mamadou Colibaly, informed the media that Cote D’Ivoire would
become France’s Vietnam if troops remain. Government bombs killed nine
French soldiers and Antoine Massé, a
correspondent for the private daily Le
Courrier d’Abidjan, was fatally shot on 7
November 2004, while covering the fracas between French troops and demonstrators in the western Ivorian town of
Duékoué.
From January to March, attacks on
journalists by government officials almost
became a daily occurrence. On 31 January, Ibrahim Diarra and Charles Sanga of
the opposition daily Le Patriote and
Franck Konaté of the daily 24 Heures
were physically attacked by members of
the presidential guard during an official
ceremony at Yamoussoukro. On 21 February, Polycarpe Ilboudo, a photographer
with Le Jour Plus, was detained and interrogated by gendarmes in Abidjan.
On 25 March during demonstrations
in support of the Linas-Marcoussis
accords, reporter Al Séni and photographers Messmer Agbola and Kady Sidibé
of Le Patriote were detained in Abidjan.
According to the UN, the demonstration
ended in serious clashes between police,
the Young Patriots and opposition supporters, resulting in more than 100 deaths.
Willy Aka, a photographer with L’Intelligent d’Abidjan, was also beaten on the
same day by police and his equipment
was destroyed. RFI’s broadcasts were suspended for a day in early May, for airing
the findings of a UN investigation into
the violence of 25-27 March before they
were officially released.
According to RFI, the UN commission accused the “highest government
authorities” of staging a “planned operation.” Local FN chiefs often threaten correspondents who refuse to offer them
allegiance. Several journalists were intimidated and there was ill treatment by the
local chiefs. On 3 January, armed FN
militias seized and destroyed photos from
Jonas Ouattara Nagolourgo, a photographer with the daily Notre Voie (the
mouthpiece of the ruling party), in the
northern Cote d’Ivoire.
On 16 January, Danielle Tagro Sylvie
and Thierry Gouégnon of the Courrier
d’Abidjan were manhandled by the Technical Education Minister while covering
a student demonstration inside the ministry. At the start of the trial of Jean Hélène’s murderer on 20 January, Georges
Gobet, a photojournalist with the Abidjan bureau of Agence France-Presse was
beaten by police. On 11 February, Emmanuel Konan, a correspondent for the
government daily Fraternité Matin in
Daloa, was detained by a local warlord
and his material was confiscated.
In a similar incident, Youssouf Sylla
and Diallo Mohamed, Fraternité Matin
correspondents in Bouaké, had to flee
under escort a few days later following
threats from local chiefs. Several local
correspondents were summoned to the
FN general secretariat in Bouaké where
2005
21
Opposition party members show their disapproval of the Ivory Coast government in
Abidjan, Ivory Coast, on 30 October 2005.
(AP Photo / Schalk van Zuydam)
they were lectured or threatened. Amadou Dagnogo, the Bouaké correspondent
of the independent daily L’Inter, went
into hiding in the north of the country
for a month for reasons still unknown.
The power struggle between the FPI
and the presidency continues to linger,
with hardliners making sure that the
media remains under government control. The gradual militarization of Ivorians has not helped the situation for the
media. The concept of “Ivoirite,” introduced by former president Konan Bédie
continues to shape events in Cote D’Ivoire. Outarra describes this as the politics
of division. In a recent report, the International Crisis Group (ICG) said, “The
political class has distilled the rhetoric of
hate to the point where many believe the
“other”, defined by ethnic group, regional origin or political affiliation is a mortal
enemy. Inter-communal tensions have already played out with machetes in the
West. Internal divisions in the security
forces, muted until now, could soon turn
violent.”
After weeks of negotiations in December, war-torn Cote d’Ivoire’s new Prime
Minister Charles Konan Banny formed a
transitional government that has 10
months to reunite the country, disarm
fighters and hold presidential elections.
The 32-member cabinet brings together
representatives of the ruling party, the
rebels and the political opposition. How-
ever, the rebel group, the New Forces, is
demanding a major role in ruling the
country.
Ivorian warring factions have failed to
deliver on key targets laid out in the
three-year-old Marcoussis peace deal,
including disarmament of rebel and progovernment militias and resolving the
sensitive issue of who is entitled to citizenship. International mediators blamed
the intransigence of the rival factions, for
displaying a lack of political will to end
the “no war no peace” standoff. Cote
d’Ivoire remains a divided country, torn
between government forces and rebel
militias threatening to return to the civil
war that engulfed the sub-region in 2002
and 2003.
Ivorian warring factions
have failed to deliver
on key targets laid out in
the three-year-old
Marcoussis peace deal
Diplomatic efforts from France and
South Africa have been slow to calm the
tense situation. Rebel leader Guillaume
Soro had previously demanded the prime
minister’s job; however, Banny has created a new position for Soro, named Minister for Reconstruction and Reinsertion
(the second highest position in the cabi-
net after the prime minister). It took
Banny over three weeks after being sworn
in since to draw up a list of his ministers.
The delay, according to political insiders,
was due largely to President Laurent
Gbagbo’s refusal to give up the Finance
Ministry. Previously, Gbagbo ally Antoine Bohoun Bouabre had held the finance
portfolio.
While Gbagbo approved the new cabinet by presidential decree, some ruling
party supporters were unhappy with the
parliamentary seat allocation. This led
hundreds of youths to take to the streets
of Abidjan’s Yopougon suburb to express
their discontent, and block roads with
burning tyres. To clam matters, the Chief
of Staff Colonel Philippe Mangou and
Charles Ble Goude, leader of the pro-FPI
militants known as “Young Patriots,” appeared on state television to appeal for
calm, armed forces rushed to the scene
and opened fire on the crowds.
When it became clear that the October elections would not take place as
planned, the UN extended Gbagbo’s
mandate for 12 months with a special
resolution reinforcing the powers of the
prime minister, whose main task is to
restore peace to Côte d’Ivoire.
The authorities muzzle the media at
will; and use it for propaganda and political gain. Earlier this year, newspaper
reports claim that President Laurent
Gbagbo personally ordered the 4 Novem-
22
ber attack on opposition media and the
hijacking of state media.
According to local reports, state media, on President Gbagbo’s orders, started
spreading xenophobic “hate messages.”
This led the so-called “Young Democrats” of President Gbagbo’s ruling party
and other pro-government militia groups
to attack Ivorian media. When Gbagbo
faced pressure from rebel factions, seizing
control of the state media became one of
the linchpins of his failed bid to recover
all the territory occupied by rebels.
Therefore, on the morning of 4 November, supporters of Gbagbo and his party
succeeded in hijacking Radiotélévision
Ivoirienne (RTI) and Radio Côte d’Ivoire
(RCI) and in closing all independent
Abidjan media.
Gbagbo’s government also replaced
staff presenters and journalists with government appointed staff members willing
to take editorial orders. Throughout the
rioting that rocked Abidjan for nearly a
week, state TV and radio broadcasts “descended into peddling propaganda, relaying incitement to murder, putting out
lies and orders to foment violence in the
street,” according to RSF. Côte d’Ivoire’s
national armed forces (Fanci) launched
operation “Dignity” to forcibly retake the
north of the country from the rebel Force
Nouvelle. In the process, a significant military detachment took up a position in
the courtyard of RTI.
Mangou warned journalists to be patriotic, to
check their sources and
avoid hate speech
While President Gbagbo has been
pressured by the international community to stop “hate messages” being broadcast from state media, the pro-government groups sending out similar messages remain in place. Indeed, the Young
Patriots, reportedly continue to storm the
headquarters of national radio and television to “protect it from possible attack by
the French Army.”
On 29 March, Fofana Mambé, a reporter for the independent daily Soir
Info, was viciously attacked while covering a street demonstration by police officers in Abidjan. Local sources said police
officers protesting non-payment of wartime bonuses in front of the Internal
Security Ministry assaulted Mambé with
night sticks as the journalist photographed the demonstration. Mambé’s assailants identified him as a journalist because his car was marked “Press.” He was
treated at a hospital for head injuries and
a swollen eye following the assault.
On 9 May, three armed gendarmes
went to journalist Honoré Sepe’s house at
4 a.m. and demanded to be let in without
warrant. Sepe refused to let them in and
tried to call his lawyer. As he was on the
phone, the gendarmes forced an entry.
He was accused of colluding with Côte
d’Ivoire’s Forces Nouvelles (FN) rebels,
which he strongly denied. Sepe told them
he had been a journalist for 14 years and
was not involved in politics. However,
they proceeded to search all the rooms in
his house, seizing his mobile phone, computer and address book.
Along with his wife, he was taken to
the gendarmerie where he was interrogated for several hours about his relationship
with the FN and with certain persons
listed in his address book who belong to
the opposition RDR party. Sepe said his
interrogators were more interested in
these names, although the address book
contained contacts for members of other
political parties. They further demanded
the password to his computer, which he
gave them. He was questioned about a
photograph of a rebel commander they
found in his computer. They also questioned his wife, and unconditionally
released both of them after midnight.
On 15 July, the National Council on
Communication (CNCA), instructed
Radio France Internationale (RFI) to halt
its FM broadcasts in the country until it
retracted two disputed reports and paid a
fine. Gbagbo’s supporters accused the
France-based public broadcaster of being
biased against the government. The
CNCA, a government media regulatory
agency accused RFI of failing to obtain
comments from military sources in a
story on the death of a military commander; and of citing a UN report on civilian
massacres, the existence of which was later denied by a UN mission spokesman.
Following the suspension, RFI’s Paris
headquarters issued a statement protesting the closure, and defending its news
coverage. RFI said it had properly verified and cross-checked its information
before it aired the story. However, CNCA
ordered RFI to pay a fine of US$16,577
2005
and also demanded that RFI air a retraction of both reports “at least five times,”
before it is allowed to broadcast again.
RFI has a large audience in Côte d’Ivoire, where government supporters continue to accuse French and pro-opposition media of supporting rebels in their
news coverage. In November 2004, RFI’s
FM broadcasts were cut off during politically sensitive periods. Unidentified assailants also crippled FM transmissions of
international radio stations such as BBC
and Africa 1; preventing them from
broadcasting to the rebel-held north.
On 25 July, pro-government militias
forcefully disrupted the distribution of
private newspapers in Abidjan by threatening the newspapers and forcing some
to evacuate their premises. According to
local sources, two dailies, Le Nouveau Réveil and Dernière Heure, failed to publish
on the following day.
Ivory Coast is at war, and
when a country is at war,
even in so-called developed
democracies, there is no
freedom of the press
The local militia group, the Young Patriots occupied the premises of Edipresse,
the sole distributor of private newspapers
to stop the distribution of alleged “proopposition newspapers”. Then, it proceeded to destroy hundreds of copies of
dailies such as: Le Patriote, 24 Heures, Le
Jour Plus, Le Front, Nord-Sud Quotidien,
Dernières Nouvelles d’Abidjan, Le Nouveau Réveil, and Dernière Heure.
Most of the newspapers and their
journalists received threats that their
headquarters would be set on fire. The
Young Patriots also threatened to kill
some of the journalists. As the tension
between the militias and the newspapers
heightened, several editors appealed to
UN forces and the government, to provide security. According to Ivorian media
sources, the UN said their troops were
overextended in other areas of the country and government authorities also failed
to provide any help to the editors. Auxiliary groups of the Young Patriots threatened and attacked newsvendors at major
sales points in Abidjan. As fighting broke
out, newspapers were destroyed. This incident followed a speech by Young Patri-
2005
ots’ leader Charles Blé Goudé, who called
for a ban on pro-opposition newspapers
and blamed rebel and opposition forces
for two violent episodes on 23 July, in
which unidentified assailants attacked a
police station in a northern suburb of
Abidjan and briefly seized the town of
Agboville.
On 26 July, the ruling FPI party supporters brutally assaulted José Stéphane
Koudou, a political reporter for the private daily Le Jour Plus. The attack occurred as Koudou was reporting on a
press conference planned by the youth
wing of an alliance of opposition parties
in Abidjan. The Young Patriots disrupted
the press conference and attacked opposition supporters who were attending the
conference. Koudou’s assailants confiscated his press card from Le Jour Plus – a
newspaper considered to be pro-opposition by the Young Patriots.
The following day, on 27 July, a group
of uniformed soldiers believe to be supporters of Gbagbo’s government stormed
the Abidjan offices of state broadcaster
RTI. The group which identified themselves as members of the Republican
Guard instructed directors at RTI not to
broadcast footages of opposition members. The plain-clothes soldiers refused to
give their names. They extended the ban
to members of the opposition coalition,
former rebels known as the G-7, and to
members of an alliance headed by opposition Rassemblement des Républicains
(RDR) leader Alassane Ouattara and former president Henri Konan Bedié; and to
Hamed Bakayoko, an RDR minister in
the current power-sharing government.
Bakayoko had recently requested that
he be allowed to respond on national television to criticisms levelled against him
by members of President Gbagbo’s FPI
party. RTI’s general manager, Kébé Yacouba, announced that RTI would bar
coverage of all political parties, including
the ruling FPI.
Ivorian newspapers have been described as political mouthpieces that clash
with each other. In April, under the Pretoria peace agreement signed by warring
factions RTI “must be used in favour of
unity and national reconciliation” in warravaged Côte d’Ivoire. On 14 August,
RTI’s board lifted the ban on coverage of
political parties. On national television,
board Chairman Maurice Bandama said
RTI lifted the ban because the political
climate had eased somewhat, but urged
political parties to show moderation and
warned that RTI would not broadcast
anything it deemed to be electioneering.
However, on 24 August, threats against
the media started to emerge again. At a
meeting with local journalists, the head
of Côte d’Ivoire’s armed forces, General
Philippe Mangou, threatened to ban
newspapers that fail to work “in the interests of the nation.” Mangou warned
journalists to be patriotic, to check their
sources and avoid hate speech. “Otherwise, we will have to assume our responsibilities and close those newspapers that
continue to be apologists for violence and
for the rebellion,” Mangou said. He further called for a press blackout of statements by dissident army officers Mathias
Doué and Jules Yao Yao, for requesting
the removal of President Gbagbo. At the
same meeting, Republican Guard commander Dogbo Blé Brunot told journalists, “Ivory Coast is at war, and when a
country is at war, even in so-called developed democracies, there is no freedom of
the press.”
The daily utterances of
hate speech in Cote d’voire
forced the UN Security
Council on 15 November
to unanimously adopt
resolution 1572
In late August, Eddy Péhé, editor of
pro-opposition daily Le Nouveau Réveil,
reported that he received death threats
over the phone from anonymous callers
who accused him of supporting rebels
occupying half of northern Ivory Coast
since 2002. Péhé said he informed the
government and UN authorities but
nothing was done to assure his security.
He believes the threat is related to his
work. In July, the Young Patriots militia
disrupted the distribution of private
newspapers, including Le Nouveau Réveil,
and threatened staff.
Press freedom in Côte d’Ivoire has
deteriorated greatly since the September
2002 armed rebellion. Violence periodically starts in major cities, especially in
Abidjan and Bouaké where most of the
media houses are based. The government
has forced the state-owned media to follow its dictates, by not allowing RTI and
23
RCI to operate in a professional manner
without meddling with their editorial
contents. In addition, the frequency with
which government officials work in
newsrooms tends to create an unsafe working atmosphere for both local and foreign journalists. Police Sgt. Théodore Séri
Dago was sentenced on 22 January 2004
to 17 years in prison for the “deliberate
homicide” of Radio France Internationale correspondent Jean Hélène. Dago was
also dismissed from the police, fined approximately 760 euros, and stripped of
his civil rights for 10 years.
In early November, UN secretary-general Kofi Annan publicly condemned the
Ivorian media, following similar denunciation by several French ministers and international organisations. The daily utterances of hate speech in Côte d’Ivoire
forced the UN Security Council on 15
November to unanimously adopt resolution 1572 “demanding” that the Ivorian
authorities stop “all radio and television
broadcasting inciting hatred, intolerance
G
and violence” in the country.
24
Djibouti
J
ournalists in Djibouti face a number
of obstacles when reporting the news.
Indirect pressure is at times applied
against journalists and the government
often places restrictions on their ability to
work. There are a number of laws curbing freedom of speech, including a prohibition on the dissemination of “false information” that has been used against
newspapers. Another problem is that, in
general, journalists are poorly paid and
lack adequate training.
Despite these pressures, an independent press does exist, which is generally
allowed to circulate freely. However, as in
other parts of Africa, the free circulation
of the independent media is mediated by
a large amount of self-censorship. This is
especially true when it comes to sensitive
topics such as human rights and the
country’s relations with Ethiopia.
The state controls
most domestic broadcast
media; and the media
generally provides a government friendly digest
of the day’s events
The state controls most domestic
broadcast media; and the media generally provides a government friendly digest
of the day’s events. The state also controls
La Nation, the country’s main newspaper
as well as the country’s sole Internet service provider. International radio broadcasts are available, however.
On 14 January, Radio France Internationale’s (RFI) FM broadcasts were cut
off, CPJ reported. According to media
reports, the station was silenced in response to its reporting on an ongoing legal
inquiry by French authorities into the
1995 death in Djibouti of Bernard Borrel, a French judge. The station had reported that the head of the Djiboutian
security services had been summoned as a
witness by a French court. An earlier
French inquiry conducted in Djibouti
had concluded that Borrel committed
G
suicide.
2005
Equatorial Guinea
T
here is little in the way of press freedom in Equatorial Guinea. The government controls all mass media, including radio and television stations. The
1992 press law authorizes government
censorship of all publications. In addition, all journalists are required to register with the government-controlled local
press association. Foreign correspondents
face tough and strict accreditation procedures.
The local journalists association has
been subjected to long periods of harassment and has been closed due to the pressure. The government allows only mild
criticism, and then only when directed at
issues such as infrastructure and public
institutions – not hard political news. No
criticism of the president or the security
forces is tolerated. Critical coverage of the
president or his security forces has landed
some reporters in prison.
The police apparently run their own
rackets. They routinely demanding bribes
from newspaper publishers and threaten
the revocation of their license if they fail
to pay. If publications fail to meet these
requirements, they can be taken off the
newsstands without any explanation or
prior notice. Several foreign correspondents have been deported in the past.
Even sports writers have been subjected
to harassment by the authorities.
The local journalists association has been subjected
to long periods of harassment and has been closed
due to the pressure
The government or the president’s family owns the only domestic radio and
television outlets. Applications to start up
private operations are routinely denied. A
few small privately owned and opposition
newspapers are published, but only periodically, and often they apply self-censorship to avoid trouble with the authorities.
Foreign publications have become more
widely available in recent years and citizens can listen to foreign radio broadcasts
on shortwave.
On 9 June, the authorities seized 200
copies of La Verdad, a small political
party newspaper and one of the country’s
few opposition publications. RSF criticised the confiscation, “It is not just this
case, it is the overall situation for independent news media that is absolutely
scandalous,” the press freedom organisation said. “Under the rule of President
Teodoro Obiang Nguema, a notorious
press freedom predator, the slightest indication of opposition results in confiscation, arrest or imprisonment.”
The seized editions of La Verdad were
destined for the mainland for further distribution, but only reached the airport in
Bata, the second largest city in the country. In Bata, the shipment was confiscated by airport police. La Verdad is published periodically by the Convergence
for Social Democracy (CPDS), and is
one of the few alternative voices in an
otherwise tightly controlled media landscape. The day before the seizure, airport
police confiscated documents from
CPDS leader Placido Miko as he returned to the capital, Malabo, from a trip
G
abroad.
2005
25
Eritrea
E
ritrea is a country devastated by war
and poverty. It is also a country
where attempts to report on the government’s failure to act on its problems often
lead to harassment and incarceration.
While the Eritrean law guarantees freedom of speech and freedom of the press,
the reality for media workers is much
harsher.
The 1996 press law prohibits the establishment of private broadcast media
outlets and foreign ownership of media
and requires all newspapers and journalists to be licensed. It also stipulates that
publications should be submitted for
government approval prior to release and
prohibits reprinting articles from banned
publications. All media is under state
control and the government occasionally
bans the import of foreign publications
into Eritrea.
Eritrea remains one of the world’s
worst environments for journalists. Harassment, detention, threats and physical
attacks are commonplace for those independent journalists still operating in the
country, and most foreign media workers
have left the country. It also has the dubious distinction of being the largest jailhouse for journalists on the African continent.
All media is under state
control and the government
occasionally bans the
import of foreign publications into Eritrea
Many journalists are held incommunicado and despite Eritrean legal guarantees, many have never been formally charged. Few of the detainees have appeared
before a judge or been provided with legal counsel, and officials have refused to
supply any information regarding their
health, whereabouts or legal status.
The crackdown on the independent
press began in September 2001 when the
government banned all private media and
jailed an unknown number of critics,
including journalists. Marking the four
years “anniversary” of the government’s
campaign of repression against the media, CPJ demanded that the authorities
account for 15 journalists who have been
held, some in secret prisons, since the
government started its assault on the free
press.
Sofia Beharane, her three children, pose with close friend Leif Obrink, in Beharane's home in
Goteborg, Sweden, 19 November 2005. Beharane's husband Dawit Isaak, a Swedish journalist
of Eritrean origin, was unexpectedly released Saturday after being jailed for four years in
Eritrea. Sadly, the celebrations later turned out to be premature, as the Eritrean government
returned the journalist to jail.
(AP Photo/Bjorn Larsson Rosvall)
“Holding these journalists incommunicado without due process is a gross
violation of human rights,” said Ann
Cooper, CPJ Executive Director. “We
have not forgotten those brave journalists
who continue to languish in Eritrea’s
secret jails and our hearts go out to their
families at this difficult time.”
A favourite accusation by the government, when responding to criticism that
journalists go to jail for their reporting, is
that they “have sought to avoid” compulsory military service.
It also has the dubious distinction of being the largest
jailhouse for journalists on
the African continent
According to some reports, those held
in prison have been subjected to torture.
The tightly controlled media climate in
the country, together with the fear of reprisals for speaking out among relatives,
makes it hard to gather information on
these cases.
This year, however, saw the release of
one of the jailed journalists. Voice of
America (VOA) correspondent Aklilu
Solomon had spent almost 18 months in
jail, when released on New Years Eve He
is in poor health after his ordeal.
Solomon had been arrested in July
2003, after filing a report about the reactions of families to their loved ones being
killed in the war with Ethiopia. State
media had pumped out reports about
these families celebrating the conscripts’
“martyrdom” – a claim that was contested in Solomon’s broadcast. As it had
claimed in the past, the government said
Solomon had been arrested to ensure that
he completed his military service, and
that the detention had nothing to do
with his work.
The international community has directed strong criticism against this state
of affairs. The European Union, a sizeable donor to the country, has raised concerns several times regarding the lack of
freedom of expression. Nevertheless, so
far, the criticism has been ignored.
This year, the long and sad story of
jailed journalist Dawit Isaac at first
seemed to have a happy outcome when
the government announced they were
releasing him; however, he was returned
to prison almost immediately.
Government sources admitted that
Isaac was back in jail and they denied
that a decision to release him had ever
been taken. The sources claimed that the
government had only allowed Issac to
visit a nearby hospital to undergo a medical examination. The decision was a considerable disappointment to the Swedish
government, which had worked through
diplomatic channels to gain his freedom.
Isaac, a Swedish citizen has been jailed
for over four years without charges ever
being brought against him. He was arrested in the 2001 crackdown that closed
all of the independent press in Eritrea. G
26
2005
Ethiopia
Watch List Country
I
n recent years, IPI has described the
Ethiopian government as standing at
the crossroads regarding press freedom.
Sadly, the events of 2005, particularly in
the latter part of the year, provided a worrying indication that Prime Minister
Meles Zenawi’s government has finally
chosen its path. Unfortunately for the
country’s journalists, it was not one guaranteed to uphold freedom of the press.
Instead, Zenawi’s ruling Ethiopian
People’s Revolutionary Democratic Front
(EPRDF) chose to suppress the media by
charging journalists with outdated crimes
under outmoded laws; pressuring individual media outlets, including foreign
media organisations; issuing a so-called
“hit list” of journalists and others accused
of treason; and finally, seeking to prosecute 22 journalists for conspiracy to
undermine the government.
The result of these heavy-handed and
short-sighted actions is a greatly weakened private media that feels itself threatened and intimidated, causing a number
of journalists to flee the country or retreat
into hiding for fear of being arrested. At
present, the private media’s important
work has been severely curtailed as the
government continues to arrest, charge
and imprison journalists.
The events of 2005,
particularly in the latter
part of the year, provided a
worrying indication that
Prime Minister Meles
Zenawi’s government has
finally chosen its path
Why has the government appeared to
reverse its approach? Indeed, why has it
chosen to do so at a time when the international donor community was beginning to accept that the government had a
genuine desire to introduce greater democracy? The answer lies in the heavily
disputed 15 May parliamentary elections
whose impact continued to affect the
country long after the polling stations
had been closed.
Significantly, the 15 May parliamentary elections were always going to be
perceived by the international community as a litmus test for Zenawi’s desire to
reform the country. In total, nearly 22
million people (90 per cent of the electorate) voted; however, almost from the
start, there were allegations of the types
of fraud that blighted previous elections
in 1995 and 2000. European Union observers said that there were abuses not
only in the counting system but also
regarding the process for handling complaints about the election.
In early June, the increasingly bitter
accusations of electoral fraud ignited a
series of violent clashes between opposition supporters and the security forces of
the government. The clashes left at least
36 people dead, including a leading opposition politician.
Seeking to quell the rising violence,
the authorities arrested a number of opposition politicians and around 10,000
people were arrested both during and
after the clashes. Journalists were also
caught up in the increasingly dangerous
situation and there were several arrests as
the government sought to control what
was being published about the unrest.
As the unrest continued, the authorities began to focus on stifling media reports. On 2 June, six editors from the
Amharic media received summonses
from the Criminal Investigations Department. The editors were then held in detention for a number of hours and questioned about their reporting. Four days
later, on 6 June, police confiscated the
cameras of two Associated Press (AP)
journalists, Anthony Mitchell and Boris
Heger. The cameras were later returned
with their memory chips erased.
On 7 June, five Ethiopian journalists,
employed by foreign media, had their
accreditation revoked. The journalists
were Helen Mohammed, Temam Aman,
and Bereket Teklu, of Voice of America
(VOA), and Taddesse Engidaw and Assegedech Yiberta, of Deutsche-Welle. Responding to protests about the mass revocation, the Information Ministry issued a
statement saying other journalists would
face similar treatment if they continued
to file alleged false and misleading reports.
During this period, newspaper distributors were also targeted. On 13 June, Fikre Gudu, one of the best-known news-
paper distributors, was arrested and
detained. Gudu was later released on 7
July, but rearrested again and held for
four days in late August after talking
about the poor prison conditions where
he was held.
Four other editors were arrested in late
June according to CPJ. Befekadu Moreda, editor-in-chief of Tomar; Zelalem
Gebre, editor-in-chief of Menilik; Dawit
Fassil, editor-in-chief of Asqual; and
Tamrat Serbesa, editor-in-chief of Satenaw. All of the journalists were accused
of defaming the military in stories claiming that Ethiopian airforce pilots had
allegedly defected when on a training
programme in Belarus.
All of the journalists were
accused of defaming the
military in stories claiming
that Ethiopian airforce
pilots had allegedly defected
As the tension continued in July, the
authorities began to crack down on any
journalist who mentioned the unrest. On
30 June, RSF protested the arrest of three
editors from the private media who were
charged with libel on 28 June. The editors were accused of printing a photo
depicting the heavy-handed arrest of two
protestors. They were later freed after
paying bail. Another two editors - Fassil
Yenalem of Addis Zena and Daniel Gezahegne of Moged - were arrested on 1
July for publishing readers’ letter criticising Ethiopia’s Orthodox Church for
remaining silent about police brutality.
On 8 July, around half of the election
results were released with the remainder
held back for further investigation. The
initial results showed that the EPRDF
and the opposition were extremely close.
Also at this time, the government and
opposition issued a joint declaration stating they would accept the results. In the
end, once the final results were released,
the election showed that the EPRDF had
apparently won nearly two-thirds of the
seats.
In August, Ethiopia’s Supreme Court
sentenced Tamrat Serbesa, editor-in-chief
of Satanaw, to one month in jail for failing to reveal his source. The hearing concerned the Amharic daily’s coverage of a
Supreme Court verdict in a case involv-
2005
Ethiopian police prevent journalists from taking pictures, 10 June 2005,
in an area of Addis Ababa where witnesses said that riot police and
security forces rounded up several dozen men on suspicion that they
were protesters.
(AP Photo/Karel Prinsloo)
ing the National Election Board. In the
same decision, the Supreme Court ordered Andualem Ayle, editor-in-chief of the
Ethiop to pay a fine of approximately
US$220.
“In pursuing this contempt case, the
court was clearly intent on punishing
those who would dare criticise its rulings.
It sends a chilling signal to the entire
Ethiopian press corps that the court will
not tolerate public scrutiny,” said Ann
Cooper, executive director of the Committee to Protect Journalists (CPJ).
Aside from media organisations, the
Ethiopian Free Press Journalists Association (EFJA) has also been harassed and its
leadership intimidated. The actions of
the authorities follow a Federal High
Court decision on 3 March legally recognising the organisation as an association
for journalists. In the middle of October,
EFJA president Kifle Mulat, vice president Taye Belachew, accountant Habetamu Assefa, and treasurer Sisay Agena
were fingerprinted, held for several hours,
and questioned. Each of them was later
released on bail of US$237. The CID
also sought a fifth member of EFJA, Taye
Belachew, but he was living outside the
country.
Pressure on the media increased in
late October and early November when
there were further violent clashes between protestors and police leading to
the deaths of over 23 people. On 2 November, the government broadcast a radio message threatening to arrest jour-
27
Ethiopia's Prime Minister Meles Zenawi speaks to journalists at a press
conference in Addis Ababa, 1 October 2005. (AP Photo/Boris Heger)
nalists and members of EFJA. As a result of the message, several members of
EFJA either went into hiding or fled the
country altogether.
The new Information Minister, Berhan Hailu, called foreign media working
in the country the mouthpieces of the
opposition and said they were “bent on
destabilizing the peace and stability of the
country.” In addition to these comments,
the government also started to use state
media to smear the private media. Hailu
also accused EFJA of playing a central
role in planning the violence.
On 4 November, the authorities arrested editor-in-chief Dawit Kebede, deputy editor Feleke Tibebu and a reporter.
All of the journalists are from the Hadar
newspaper.
On 2 November, the
government broadcast a
radio message threatening
to arrest journalists and
members of EFJA
According to IPI’s sources, the volatile
situation has also had a financial impact
with some print media stating they have
been harassed by opposition supporters
for not joining a boycott of governmentowned print services. Heeding the boycott, other print media have voluntarily
stopped printing their editions. Elsewhere, it was claimed that the police were
preventing the private media from accessing the print presses.
In a press release, IPI highlighted the
claims made by Zenawi that the media
were “fanning” the violence in Addis
Ababa. Speaking about the media, Zenawi said, “The issue of resolving the basic
problems of the private press should be
looked into at their own time. Notwithstanding this, it is well known that there
are many in the private press who have
been fanning the violent activities and
who have been working hand-in-hand
with the [opposition parties]. These ones
are also equally answerable ... as they have
been engaged in the violent and criminal
activities.”
Responding, IPI said, “While in a time
of crisis the media should do their utmost
to report news in a measured and calm
manner, government officials should also
refrain from making threatening remarks
that will only exacerbate the already dangerous situation and perhaps endanger
journalists’ lives.”
In a 10 November letter to the Ethiopian government, CPJ said that, according to their information, six journalists
were being held in detention. Four days
later, on 14 November, IPI also wrote to
the international community highlighting the existence of a long list of individuals, containing the names of 54 people
including around 17 publishers and journalists, that the government intended to
arrest and prosecute for treason.
28
A plainclothes security man prevents a
journalist from filming the leader of the
Coalition for Unity and Democracy, Hailu
Shawel, as he stands behind a gate at his
house, 11 June 2005 in Addis Ababa.
(AP Photo/Karel Prinsloo)
Commenting on the possible charges
of treason, IPI said, “Treason is punishable by the death penalty and IPI believes
that the decision to pursue this charge
not only brings the rule of law into disrepute, it is also utterly disproportionate
when applied against individuals exercising their right to comment on the country’s recent civil unrest. Such a right is not
only guaranteed in domestic law, but also
reinforced by Ethiopia’s commitments
under international law.”
While in a time of crisis
the media should do their
utmost to report news in a
measured and calm manner,
government officials should
also refrain from making
threatening remarks
Following the revelation that the Ethiopian government had drawn up a list,
there were a series of journalists’ arrests.
In the middle of November, authorities
arrested Andualem Ayle of the private,
An Ethiopian police officer hits a university
student with the butt of his assault rifle
in the capital of Addis Ababa on Monday,
6 June 2005.
(AP Photo/Boris Heger)
Amharic-language weekly Ethiop, and
Nardos Meaza of the private, Amhariclanguage weekly Satanaw. Both Ayle and
Meaza appeared on the government list.
During this period, the authorities also
searched the offices of the private weekly
newspaper Netsanet.
Two journalists were arrested in late
November according to CPJ. Serkalem
Fassil, publisher of the Amharic-language
weeklies Menilik, Asqual and Satanaw,
and her husband Iskinder Nega who is
also a journalist, were arrested and then
held at a location that the police refused
to disclose. The police also searched the
respective media organisations on 22
November.
On 6 December, the Ethiopian courts
convicted Wosonseged Gebrekidan, former editor of the Ethiop, of defaming former diplomat Habtemariam Seyoum in a
2002 opinion piece. Neither Gebrekidan
nor his lawyer were told of the hearing
and the editor was not in court for the
sentencing. At present, Gebrekidan is the
editor of the Amharic-language weekly
Addis Zena.
In addition, in December, CPJ stated
that Getachew Simie, former editor-inchief of the now defunct Amharic-lan-
2005
guage weekly Agere, was sentenced on 7
December to three months in prison for
criminal defamation. Leykun Engeda,
former editor-in-chief and publisher of
the Amharic-language weekly Dagim
Wonchif, was sentenced on 9 December
to 15 months in prison for allegedly publishing false news.
On 21 December, 22 journalists,
including the head of the EFJA organisation, Kifle Mulat, were charged with an
alleged attempt to overthrow the government. Five journalists with the Washington office of the VOA were also charged
in their absentia.
According to CPJ, those charged were:
Nega; Fassil Yenealem, publisher of Addis
Zena; Wosonseged Gebrekidan, editor of
Addis Zena; Sisay Agena, publisher of
Ethiop; Andualem Ayle, editor of Ethiop;
Serkalem Fassil, publisher and manager
of Satanaw, Menilik, Asqual; and Wonakseged Zeleke, editor of Asqual.
In addition, the following were charged: Zelalem Gebre, editor of Menilik (in
absentia); Nardos Meaza, editor of Satanaw; Dawit Fassil, deputy editor of Satanaw; Zekarias Tesfaye, publisher of Netsanet; Abiy Gizaw, editor of Netsanet (in
absentia); Dereje Habewolde, deputy editor of Netsanet; Mesfin Tesfaye, editor of
Abay; Dawit Kebede, editor of Hadar;
Feleke Tibebu, deputy editor of Hadar;
and Kifle Mulat, EFJA (in absentia). The
VOA staffers charged in absentia were:
Nigussie Mengesha, Addisu Abebe, Tizita
Belachew, Adanech Fessehaye, and Solomon Kifle.
Necessary Changes
to Media Environment:
G
G
G
G
G
Removal of Repressive Media Laws
Creation of Public Service Broadcaster
Journalism Training
Freedom of Information Law
Voluntary Media Accountability
G
Systems
2005
29
Gabon
A
s in many other African countries,
press freedom is guaranteed by law
but restricted in practice. The state is
authorized to criminalise civil libel suits,
and the so-called media code of Gabon
contains both rights and “responsibilities”.
The government publishes one daily
newspaper, and there are some 10 private
weeklies, which are controlled primarily
by opposition parties. Printing costs are
high, leading to most newspapers being
printed in neighbouring Cameroon.
These editions, however, are subjected to
review before distribution. Pressure
against independent publications is
stepped up during elections. The government does not restrict access to or use of
the Internet and foreign publications and
broadcasts are widely available.
On 31 August, an edition of the independent bimonthly newspaper Nku’u Le
Messager saw the news stands for the first
time since the National Council for
Communication (CNC) suspended it on
11 August. The newspaper was distributed despite not having received official
blessing to do so by the CNC, even
though the newspaper had changed its
editorial staff in compliance with the
condition previously set by the CNC for
lifting the suspension. The CNC has a
long history of intimidation against the
independent press – often through suspension or closure of offending publications. A number of newspapers remain
closed, and have been suspended for
quite some time.
The CNC has a long
history of intimidation
against the independent
press – often through
suspension or closure of
offending publications
The CNC suspended Nku’u Le Messager after it published an editorial that the
council said insulted the CNC. The editorial was published on 8 August by publication director Norbert Ngoua Mezui,
who criticised the CNC’s composition
and said members were overpaid and lazy.
In the editorial, Mezui called council
members “bad film actors,” “uninspired
sports writers,” and “a few journalists of
generally little talent.”
The Gambia
According to CPJ, Mezui said the editorial came in response to a 28 July statement by the CNC, which he said, “arbitrarily classified the Gabonese newspapers
into two categories, partisan ones and
non-partisan ones.” Nku’u Le Messager
was wrongly put in the partisan category,
Mezui said.
According to media reports, the CNC
defended its action by saying that certain
journalists had become “mercenaries of
the pen,” “racketeers” and “gossips.” The
CNC has suspended several publications
in the past that have criticised the authorities.
On 30 November, ARTICLE 19, sent
a letter to President Bongo Ondimba, urging him to do more to protect freedom
of the media in Gabon. The organisation
noted that, in 1986, Gabon ratified the
African Charter on Human and Peoples’
Rights, wherein Article 9 guarantees freedom of expression, but that “despite the
existence of a national communication
council, these provisions prove to be insufficient to guarantee real freedom of
expression.” ARTICLE 19 said it was
particularly concerned “with the following issues: public media outlets are actually state-run and therefore not independent of political authorities, private media houses are regularly suspended; defamation is still considered a criminal offence, in contradiction with international
standards and best practices; [and] legal
provisions guaranteeing equal access to
information have yet to be established.”
On 21 December, journalists Joëlle
Ibinga and Ginette Moussadji were attacked by police. They had gone to Libreville’s seaside boulevard to cover a demonstration organised not far from the
presidential palace. Protestors were calling for compensation for land expropriation during the construction of a new
Senate building. When Ibinga tried to
interview the protestors, police launched
tear gas grenades. Moussadji was then
chased by a group of officers who caught
on to her and brutally beat her while she
was on the ground. Police then seized her
G
camera before leaving the area.
By Issa Mansaray
C
orruption and human rights violations have become the central issues
in The Gambia since President Yahya
Jammeh took over power. Ironically, these
were the main pretexts for overthrowing
Sir Dawda Jawara’s elected government
on 22 July 1994. However, civil rights
groups and political observers say that
Jammeh’s government has become extremely corrupt. Gambians believe that the
government’s anti-graft campaign is a
cover for the self-enrichment of Jammeh’s
political cabal. As protest intensified,
Jammeh sacked a few of his officials for
corruption and theft, but this was done
only when the media started reporting
about how donor funding was being
wasted.
Since December 2004,
the APFC government
has made several decrees
and laws geared to curtail
press freedom and
media activities
However, the government became
restless with the media and its critics. For
this reason, it introduced controversial
media laws to intimidate the press. In the
wake of these events, one of the country’s
leading journalists, Deyda Hydara was
murdered. He had taken a strong position in opposing the government’s new
media law. On 22 February, Gambian
authorities arrested Wally Mahmoud
Hakim, a Lebanese businessman in connection with the murder, according to
the pro-government Daily Observer. Hakim was detained after officials found
arms in his house, but authorities gave no
details about whether they had specifically linked any of the guns to the killing.
Opposition parties compiled various
cases of government human rights violations and stated that Jammeh’s administration was neither able nor willing to
protect the rights and freedoms of ordinary Gambians. The National Democratic Action Movement (NDAM) leader,
Lamin Waa Juwara was jailed for sedition
after he called for a peaceful demonstration in the capital Banjul. Since 1994,
the ruling Alliance for Patriotic Reorientation and Construction (APRC) govern-
30
ment has systematically attacked members of the media. Frequent raids, harassment and deportation of foreign journalists have created a timid working environment in most media houses. In addition, violence, arson, detention and long
hours of interrogations by the National
Intelligence Agency (NIA) have forced
journalists to flee the country.
On 25 February, the local Daily Observer reported that in an undistributed
issue of the official Gambia Gazette, dated 30 December 2004, a criminal code
amendment that was passed by the national assembly on 14 December was signed into law by president Jammeh. The
Gambia Press Union (GPU) was neither
informed nor allowed to receive a copy of
the new press code, which includes prison sentences of six months or more for
publishing “inaccurate news.” The press
code further stated that seditious comments are punishable by six months in
prison for the first conviction and three
years for subsequent convictions.
According to the Gambia Gazette,
President Yahya Jammeh signed this into
law on 28 December 2005. The government also supported another bill passed
by the Gambian national assembly on 14
December, the Newspaper Amendment
Act 2004. However, it was heavily criticised by the opposition during a parliamentary debate because it would annul
all existing news media licences, and increase the cost of a new licence for newspaper owners from 2,571 euros to 12,855
euros. It also requires publishers to register their homes as security for non-payment. GPU president, Demba Jawo said
the journalists’ union would challenge
the press law’s constitutionality
Despite several appeals from African
journalists and international organisations, the government secretly signed the
press law without any discussion with
opposition parties or journalists. Laws,
especially those pertaining to the media
are dictated by the State house. The opposition sees this as a serious reverse for
press freedom in West Africa and a total
humiliation for Gambia’s journalists.
President Jammeh, who reportedly holds
the view that all journalists are criminal
illiterates who would be best “buried six
feet deep,” has not acted rigorously to
bring The Point newspaper Deyda Hydara’s murder to justice.
In October 2001, Radio 1 FM was set
on fire, while journalist Baboucar Gaye’s
Citizen FM was closed and never allowed
to reopen. In another incident, lawyer
Ousman Silliah was shot and seriously
injured by men suspected of having links
with Gambian authorities. The blatant
attacks on opposition leaders, journalists
and their families has greatly contributed
to the self-censorship now experienced in
Gambia. Journalists and Gambians in general are guarded in what they write and
say in public. Since December 2004, the
APFC government have made several decrees and laws geared to curtail press freedom and media activities.
Hydara’s family was
shocked by a recent NIA
report that tried to cover-up
the reason for the murder
In Jammeh’s move to retain power,
opposition leaders also face tremendous
pressures from security agents. On 16
November, the government announced
the arrest of three opposition leaders for
alleged involvement in “subversive activities.” A government statement named
those arrested as Hamat Bah, Omar Jallow and Halifa Sallah, all of whom are
involved in a new opposition coalition.
Police did not provide details of the alleged subversive acts, but accused the
three of threatening national security.
Bah’s National Reconciliation Party
(NRC), Jallow’s former ruling People’s
Progressive Party (PPP) and Sallah’s
People’s Democratic Organisation for
Independence and Socialism merged
their parties last year with the main opposition United Democratic Party (UDP)
to form a new opposition known as the
National Alliance for Development and
Democracy (NADD). Their main aim is
to challenge Jammeh in the 2006 presidential election that will be followed by
parliamentary elections in 2007.
On 3 November, Jammeh accused
NADD members of fuelling border disputes between The Gambia and Senegal
by disseminating untrue and misleading
information in Senegal’s capital, Dakar.
In a televised statement, Jammeh said he
had seen documents from the NADD
claiming that The Gambia was backing
separatist rebels fighting the Senegalese
2005
government for the independence of the
Casamance region. The Pan African News
Agency also quoted President Jammeh as
saying, “such figures will not witness the
next Presidential election scheduled in
2006.”
On 23 May, the International Press
Institute (IPI) general assembly in Nairobi, Kenya passed a resolution to protest
the killing of Hydra and the deplorable
press freedom situation in Gambia. On
16 June, Baba Hydara, the son of the late
journalist and RSF launched an Africawide campaign for justice. To date, little
has been heard from Jammeh’s government. In a recent investigation, RSF discovered that Hydara’s murder was carried
out by professionals, in a pattern similar
to series of attacks against journalists and
individuals who oppose the APFC government. The National Intelligence Agency (NIA) has been identified as the likeliest perpetrator. Hydara’s family was
shocked by a recent NIA report that tried
to cover-up the reason for the murder.
According to RSF, the report is full of
wanton details about the editor’s private
life and absurd theories about the motives for the murder. The NIA report concluded that the most likely motive for the
murder was either personal revenge, especially by a jealous husband, or a desire to
cover up “financial misappropriation” by
an associate. Hydara was the co-founder
and editor of The Point, an independent
newspaper that appears three times a
week and also the correspondent of Agence France-Presse (AFP) and RSF. He was
gunned down in his car as he was driving
two employees home late at night on 16
December 2004; a few days after the government passed two gag laws.
According to participants,
they twisted her hands until
she lost consciousness
On 16 December, Gambian police
barred journalists from gathering at the
site of the 2004 murder. The journalists
tried to visit the site after a two-day international conference organized by GPU in
Banjul. Police assaulted Ramatoulie Charreh, a reporter with the Daily Observer,
and seized her camera while she was trying to take photographs at the site. According to participants, they twisted her
hands until she lost consciousness. The
2005
police said they had orders to prevent
“demonstrations.”
On 27 October, Musa Saidykhan,
chief editor of The Independent newspaper, was detained and later released by the
NIA for an article describing African editors’ solidarity with their Gambian colleagues. Saidykhan had published an article about his participation in the formation of the West African Editors’ Forum
in Conakry (3-5 October) and the African Editors’ Forum meeting in Johannesburg (15-17 October) where African editors condemned the unsolved murder of
Hydara. Gambia authorities were upset
as South African President Thabo Mbeki
promised to look into the issue and discuss it with Jammeh.
As the struggle for the free
press continues, President
Jammeh told journalists
to either register with the
commission or “go to hell”
The bi-weekly, The Independent, has
become the main target of the NIA for its
stand in defending press freedom in The
Gambia. The newspaper has been attacked several times by state agents, its offices
and printing facilities have been burnt
down on two occasions. With no printing press, the government continues to
harass media houses attempting to print
The Independent.
According to Saidykhan, nobody takes
the risk of staying at the offices after 10
p.m.. Cars without number plates, believed to belong to NIA officials are seen
spying on journalists, and, in the past,
there have been kidnappings, serious
beatings or assassination attempts. From
6 May, The Independent, which lost its
printing press in an unsolved arson in
April 2004, was forced to stop publishing
entirely after its printing arrangement
with the private Daily Observer was abruptly terminated. Saidykhan said the
Daily Observer was threatened by government officials to stop the arrangement.
For several years, the GPU has been
staging awareness campaigns to resist a
media commission that was closely controlled by the government. The commission had the power to grant or refuse publishing permits, to issue rulings in conflicts involving journalists, and to impose
a wide range of sanctions, from the suspension of press passes to imprisonment.
As the struggle for the free press continues, President Jammeh told journalists to
either register with the commission or
“go to hell.”
On 13 December, parliament disbanded the commission, but, on the following day, it adopted two stringent gag laws
for the independent press. It made all
press offences punishable by imprisonment and introduced an unaffordable increase in the cost of a licence to publish
newspapers. The investigation into the
arson attack at The Independent is proceeding slowly and those responsible have
not been brought to book even though
an eye witness claimed to have seen “a
man in uniform” leaving the premises of
the printing press on the night of the
attack.
On 23 July, opposition parliamentarian Hamat Bah told the national assembly
that two members of the National Guard, whom he named, received treatment
for burns at the home of the presidential
guard commander. In a second arson
attack the home of BBC stringer Ebrahima Sillah was set ablaze in the early hours
of 15 August. Reportedly, both of these
attacks were announced in anonymous
letters. Before his death, Hydara received
an anonymous letter in July threatening
to “teach a very good lesson” to anyone
criticising President Jammeh. Similar letters were sent to The Independent’s managing editor, Alagi Yorro Jallow and
signed by the “Green Boys,” an officially
disbanded group consisting of young
activists from the ruling AFPC’s most
radical wing. Key witnesses are unwilling
to talk, but strongly believe that the
“Green Boys” may have been involved in
the murder.
In a national TV interview on 23 February, Jammeh said there was “no independent press” in The Gambia, just “propaganda organs and mouthpieces of the
opposition.” On 24 October, police shut
down a Senegalese-owned radio station
in Banjul. In an interview with the BBC,
acting Gambian Information Minister
Neneh Mcdoll-Gaye accused Sud FM of
“inciting trouble” between Gambia and
Senegal. Sud FM’s Banjul director, Pape
Djomaye Thiare said the station was not
given any reason for the closure. The government action followed shortly after a
closed-door summit between Senegalese
31
President Maitre Abdoulaye Wade and
President Yahya Jammeh to resolve growing tension between the two countries.
Sud FM’s director Oumar Diouf, believes the government may have been
angered by the station’s review of Senegalese newspaper coverage following
the summit. The Senegalese government
closed the Dakar based Sud FM on 17
October for airing an interview with a
rebel: Casamance leader, Salif Sadio.
Many of the stations’ staff were briefly
detained.
Before his death, Hydara
received an anonymous
letter in July threatening to
“teach a very good lesson”
to anyone criticising
President Jammeh
In a press release on 25 October, the
Gambian Ministry of Communication,
Information and Technology revoked the
licence issued to Sud Communications
Company Ltd, which mandates it to
operate a broadcasting station. According
to Media Foundation for West Africa
(MFWA), the press release indicated that
the misinterpretation of Sadio’s interview
resulted in the closure of all Sud FM stations in Senegal and Sud FM Radio in
G
Banjul.
32
2005
Ghana
By Sarah Adler
T
here is freedom of the media in
Ghana but there are still obstacles.
Although there are few legal restrictions
and the press is animated and feisty, too
many incidents curtail the rights of journalists.
No major regulations hinder the functioning of the media in Ghana. In particular, the private press is vigorous and frequently criticises the government. Nevertheless, fines for defamation as well as prison sentences, arrests, assaults, property
damage and censorship still hinder journalists.
Today, many see Ghana as an example
of political and economic reform. Steps
towards stability and democracy, however, have not been without their problems.
In 1966, the first president of Ghana,
Kwame Nkrumah, was deposed in a
coup. Several other coups followed. In
1981, the government suspended the
constitution and banned political parties.
A new constitution allowing for multiparty politics was established in 1992.
Since then, three elections have occurred,
all freely and fairly.
Assaults threatened
the security of journalists
and prevented them from
reporting on events of
interest to the public
During the past year, assaults threatened the security of journalists and prevented them from reporting on events of
interest to the public. On 17 March, demonstrators attacked Evans Mensah, a
reporter for Joy FM, an independent radio station in Accra, while he was covering a protest march against an increase in
fuel prices. Having overheard Mensah on
the phone, some demonstrators mistakenly believed that he was providing false
reports. Another reporter, Anas Aremeyaw Anas of Crusading Guide newspaper,
assisted Mensah in getting help from police. However, even in the police vehicle,
demonstrators still reached Mensah.
According to Anas, one of the attackers
whipped Mensah with wires.
In an assault also stemming from a
misunderstanding, Emmanuel Duah, a
reporter with the privately-owned radio
station Happy FM, was beaten with clubs
and stones on 21 April while covering a
by-election in Aboabo-Adukrom, in
Ghana’s Ashanti region. Duah’s assailants
mistook him for a sympathiser of one of
the two major political parties contesting the by-election, according to the
sources of the Media Foundation for
West Africa (MFWA) in Accra.
The MFWA noted a trend
of awarding exorbitantly
high damages in libel cases
Yet another attack occurred on 1 November when a group of activists from
the National Democratic Congress
(NDC), Ghana’s main opposition party,
assaulted Patricia Setorwu and Garneo
Caches, reporters for the independent
newspaper Daily Guide. Setorwu and
Caches were at NDC party headquarters
in Accra to cover an emergency meeting
addressing the issue of Frances Asiam, a
national women’s organiser who had
made allegations against party founder
and former Ghana, President Jerry Rawlings. Setorwu and Caches were rescued
by other party members.
In a case of harassment, police on 27
July damaged the camera of photographer Emmanuel Kubi from the independent Ghanaian Chronicle as well as tape
recorders of reporters Roland Acquah
Stevens from Radio Gold and Justice
Annan from Vibe FM and the mobile
phone of radio host Alfred Kwame Larbi.
The journalists were photographing the
Hotel Kufuour, a building whose acquisition by the president’s son has been a subject of controversy.
Intimidation through interrogations
also weakened press freedom in Ghana.
For instance, the Ghana Police Service’s
Criminal Investigations Department
(CID) questioned Osbert Lartey, editor
of the Accra based weekly Vanguard over
an article it had published alleging that
Rawlings and special aide Victor Smith
were planning to assassinate NDC party
chairman Obed Asamoah. CID officials
said that Vanguard might face more police investigations.
Meanwhile, the MFWA noted a trend
of awarding exorbitantly high damages
in libel cases. Although the MFWA acknowledged that professional conduct is
an issue for journalists in Ghana, and
that some of the articles labelled as libel
do contain objectionable accusations, the
organisation also expressed concern that
the amount of the compensation was so
high as to stifle media freedom. The next
two incidents concern cases in which
staggering damages for libel were awarded to the plaintiffs.
In the first incident, a High Court in
Accra ordered the weekly Ghana Palaver
to pay Ghana’s Minister of State for
Works and Housing Hackman Owusu
Agyeman US$165,000 in damages. The
newspaper and reporter Ekow Essuman
also had to pay around US$2,200 in costs
to the court. Furthermore, the court cautioned them against publishing defamatory articles about the minister.
The fines concerned an article published in the 10-11 November 2004 issue
of the Ghana Palaver that contained allegations of corruption against Agyeman.
The article asserted that Agyeman, who is
also a member of parliament (MP), had
used money from his share of the MP’s
common fund to finance a personal organisation. The article also claimed that
at a time when Agyeman was interior
minister and oversaw the Ghana Police
Service, he had been part of a fraud with
the inspector general of police (IGP) and
an unnamed top government official. In
the alleged fraud, US$65,000 was deducted from the paychecks of officers on
an extended tour of duty in a Ghanaian
detachment to the United Nations Peacekeeping Mission in Kosovo.
On 4 November, the Ghana Palaver
launched an appeal to help pay damages
of approximately US$220,000 that it
owed as a result of law suits filed in April
2004 and September 2005 by Agyeman
and George Kufuor, a businessman who
is the brother of President John Agyekum
Kufuor. At the time, the weekly had
claimed it would go out of business if it
did not receive help paying the fines. The
Ghana Palaver is a supporter of the opposition NDC party.
Closely following this appeal, an assault on 8 November targeted Jojo Bruce
Quansah, the managing editor the Ghana Palaver. Quansah was allegedly beaten
by eight men. He then went into hiding
because he was frightened that he might
be killed. Finally, he reappeared on 9
November and reported to the police.
In addition, journalists in Ghana endured arrests, detentions, and prison sen-
2005
33
Guinea
tences. On 4 July, an Accra High Court
sentenced Frank Boahene, Claude Decker and Thomas Kpakpo to 15 days in
prison for contempt of court. Boahene is
editor of the independent Free Press.
Decker and Kpakpo are two of the newspaper’s directors. The hearing was related to the non-compliance of the Free
Press with court sanctions from a libel
case on 1 November 2004.
Security personnel at
President John Agyekum
Kufuor’s home detained
a crew from TV Africa
The court had ordered the Free Press
to retract the allegedly libellous articles
and publish a front-page apology continuously in three issues of the newspaper,
starting one week after the ruling. The
defendants, however, published only one
retraction in the paper’s 8-14 November
2004 edition and then failed to appear in
court on 29 June at a hearing to contest
the original charges of November 2004.
On 22 July, in another incident, security personnel at President Kufuor’s
home detained a crew from TV Africa,
an independent station based in Accra.
The crew claimed they were verbally abused. The security personnel took one of
the reporter’s identity cards and did not
allow her to phone the TV station’s office.
Inspector General of Police Patrick Kwarteng Acheampong apologised to the journalists and to TV Africa about the inciG
dent.
F
reedom of the press is guaranteed by
the constitution, but this right is not
present in the daily lives of Guinean journalists. The instable political climate –
including border skirmishes with neighbouring countries, and political intrigues
among the ruling classes – has added to
the tense working situation for journalists. A number of restrictive laws remain
on the statute books, allowing for government control over the media. Defamation and slander are considered criminal offences and the National Communication Council has shut down critical
newspapers.
Security forces close to the president
have been known to attack critical journalists. The government enjoys a virtual
monopoly on information – with control
over both television and radio – and private newspapers find it hard to provide
critical viewpoints and balanced accounts
of events. Only a handful of private newspapers exist in the capital, and few of
them reach newsstands on a regular basis.
All of them are subject to government
interference or censorship if they carry
articles critical of the government.
Freedom of the press is
guaranteed by the constitution, but this right is not
present in the daily lives of
Guinean journalists
The government has in the past routinely denied applications from individuals wanting to start up privately operated
broadcast media, usually on the grounds
of “national security”. Last year this
changed, however, when President Lansana Conté signed a decree on 20 August
allowing private broadcasting in Guinea.
The decree will allow private citizens and
organizations to broadcast, even though
political parties and religious movements
are still prevented from doing so. “This is
an important first step but the true test
will be whether the government uses political criteria in granting licenses, and
whether stations are allowed to broadcast
freely,” commented Ann Cooper, Executive Director of CPJ.
Political analysts believe the step was
taken to alleviate international pressure
on the regime, especially from the Euro-
pean Union; a large donor to the country.
In addition, there has been a strong internal lobbying campaign for the lifting of
this restriction. Critics however, point
out that the new set of rules still carry
restrictions, especially in terms of political broadcasts.
On 27 July, journalist Abdoulaye Youlaké Camara, of Guinée-News was arrested and detained at a police station in the
capital, Conakry. The arrest came in response to an online article he had published, detailing the alleged cheating of
customers by gas station attendants in
Dixinn, located on the outskirts of the
capital.
In the article, one gas station manager
was named, which led him to file a complaint with the police on grounds the
article was “libellous.” Police then moved
to arrest Camara, in spite of the fact that,
according to Guinea’s press law, only the
State Prosecutor has the power to deal
with libel cases. Police also detained a
person quoted in the article. The two
men were released, following the intervention of a civil servant.
This was not the first run-in with the
authorities for Youlaké Camara. On 7
June, he was arrested together with information coordinator Youssouf Boundou at
the presidential palace – both men were
detained overnight. According to Media
Foundation of West Africa (MFWA), the
two journalists had driven to the presidential palace to investigate allegations of
“occultist influence” on the president by
René Tayot, a French mystic. Tayot had
been criticised in a number of news stories, and had made an appointment with
the two journalists to “give his side of the
story.”
When arriving at the palace however,
they were arrested by members of the presidential guard. Both were released after
appeals were made by Boubacar Yacine
Diallo, president of the Association of
Independent Newspaper Publishers of
Guinea. No official reasons were given
for the arrest and detention of Camara
and Boundou.
On 24 April, Interior Minister Kiridi
Bangoura ordered the temporary seizure
of an issue of the weekly magazine Jeune
Afrique l’Intelligent, which carried a story
and commentary on the health of the
president – one of the many taboo issues
in Guinean society. The article was enti-
34
2005
Guinea Bissau
tled “Guinea: the End”, and contained a
commentary stating, “Eaten up with
sickness, President Conte still hangs on
to power and the country is dying.” After
the issue reached the newsstands, the
interior minister instructed the Guinean
newspaper distribution company not to
distribute the magazine. The temporary
ban was lifted on 27 April.
On 25 September, the Interior Ministry prevented another issue of Jeune Afrique l’Intelligent from being sold on the
newsstands. There was no official explanation given by the ministry, but commentators believe the action came in response to an article on the front page. The
article entitled, “Guinea/The Slip Into
Hell” made a comparison between the
living conditions under the current government and that of late president Sekou
Toure. Even though the issue was seized,
a photocopied version appeared on newsstands on the same day the weekly was
barred.
The officers then dragged
him to a nearby patrol
van and confiscated his
camera and cellular phone,
before transporting him to
a security prison
On 24 February, Sotigui Kaba, a reporter for the Le Lynx-La Lance media
group, was assaulted by a group of officers with the Anti-Crime Brigade and the
municipal police while covering a protest
march. During the assault, the officers
confiscated Kaba’s notebook, press and
national identity cards. The incident took
place in the suburb of Matoto, on the
eastern outskirts of Conakry. Reportedly,
the police was acting on the orders of Hawa Sangaré, the sister of the Environment
Minister. The protest was organised by
drivers of a transport equipment company demanding better working conditions. When Sangaré spotted the reporter,
she confronted him and started to verbally abuse him. She then asked him to leave
the area. Before he could leave, however,
Kaba was hit and kicked by police.
On 19 February, RSF reported the
release of newspaper editor Mohamed
Lamine Diallo, who had been detained
three days earlier. Lamine Diallo was arrested shortly after he had published an
article about an opposition leader, Antoine Soromou, who is wanted by the
authorities. Security officers also searched
his home in connection with the arrest,
but nothing was confiscated.
On 14 February, Lansana Sarr, a reporter with the state-owned daily Horoya,
was beaten by members of the police’s
special interventions unit and detained
for three and a half hours. The incident
took place when Sarr was covering a protest march in Conakry organised by employees of a hotel who claimed a financial
settlement following a decision to sell the
hotel. Officers moved in and started to
attack the demonstrators. Sarr was then
attacked when he tried to photograph the
incident and beaten with batons and
heavy belts. The officers then dragged
him to a nearby patrol van and confiscated his camera and cellular phone, before
transporting him to a security prison. He
was later released and had his cellular
phone returned. The police however,
kept his camera.
On 1 November, Louis Espérance Célestin, editor-in-chief of the weekly newspaper La Guinée Actuelle was arrested by
officers from the Police Criminal Investigations Department. He was taken to an
infamous detention centre usually reserved for dangerous criminals. According
to witnesses, the officers had presented a
summons and ordered Célestin to go
with them. He refused and was arrested
on the spot.
At the detention centre, Célestin was
interrogated for hours and then placed
before the Conakry Magistrates’ Court.
The action came in response to an article
considered “defamatory and unfounded”
about Prime Minister Cellou Dalein
Diallo which had been posted on the
Internet and later published in the print
version of La Guinée Actuelle. The piece
alleged that the Prime Minister had
accepted a bribe for granting a licence for
the operation of a communications business. Célestin was released on the evening
of 2 November, on the instructions of the
G
president.
T
he media climate in this small and
poor African country has improved
somewhat after President Kumba Yala
was ousted in September 2003. The interim government has relaxed some of
the many restrictions on free expression
and the operation of the private media
imposed by Yala. Among the positive
steps taken is the reestablishment of private broadcasting. Under president Yala´s
regime, harassment of the media, both of
public and private news outlets, was
common. A number of press freedom
violations were recorded, ranging from
arrests to censorship.
Guinea Bissau has been wracked by
coups, corruption and a 1998-1999 civil
war after the country broke free from
Portugal in 1974. It is also one of the
world’s poorest countries. The average
annual income has fallen for the country’s population of 1.5 million and dwindling returns from the main exports of
cashew nuts and fish has struck the economy hard.
The insecure political situation was
reinforced by a brief coup in May when
former president Yala led a small band of
supporters to the Guinea-Bissau’s presidential palace and occupied it. Three
hours later, he obeyed military orders to
leave. The run-up to the June elections
was also marked by insecurity and tension, and Yala´s coup added fuel to an
already tense situation. The election also
highlighted the desperate economic circumstance under which most of the media operate.
We have one motorcycle,
one editing station and a
generator that has no petrol. Here you have to make
do with what you have
“It’s pretty dire,” said National Radio
director Carlos Gomes Nhafe, in a comment. “We have one motorcycle, one editing station and a generator that has no
petrol. Here you have to make do with
what you have.” The poor finances of the
state means that promised budget appropriations are not always realised, something that became a problem during the
elections and affected coverage of the
candidates. The state media has to compete with the three private radio net-
2005
35
Kenya
works operating nationwide, and these
organisations receive the bulk of the
advertising revenues. During the election, one National Radio correspondent
travelled with each of the 14 candidates
over a two-week period.
The state-run paper No Pintcha has
such a difficult financial situation that it
can only afford to publish once a week.
The three main private newspapers –
Correio de Bissau, Fraskera, and Banobero
– enjoy a somewhat better situation. Very
few people in the country can afford to
buy newspapers and this affects advertising revenues. Moreover, due to financial
constraints and government control of
the one functioning printing house,
newspapers publish sporadically. The
poor economic climate of the country
remains perhaps the most effective roadblock against a freer and more vibrant
press freedom climate.
And since the paper doesn’t
make any money, we have
no phone. Electricity we
skim off the national printing press, which is nearby
Commenting on No Pintcha´s situation, editor in chief Bibiano Baltazar told
AFP “We are trying to cover the presidential campaign out of our own pockets.
Our salaries are paid by the state, but
electricity and phone, that’s up to us.
And since the paper doesn’t make any
money, we have no phone. Electricity we
skim off the national printing press,
which is nearby.”
Guinea-Bissau Television is relatively
better off than state-owned print media
and radio, but this is saying little in what
is one of the continent’s poorest countries. But there are plans for layoffs in
face of a shortage of funds. “We have no
choice; we are going to have to let go 40
of our 99 employees,” director Adriano
Gomez Freira told media in June. The
station also faces a shortage of cassettes,
forcing staff to scour the archives for lessworn tapes, most of which are already in
bad shape due to the lack of air-conditioning in the archive room. The European Union and UN Development Program have outlined plans to provide
some form of financial assistance to keep
state media running.
The presidential elections were won
by former military ruler Joao Bernardo
“Nino” Vieira in a narrow victory, defeating rival Malam Bacai Sanha. Vieira, 66,
was ousted in 1999 after heading the
country since 1980. Former president
Yala finished third in the first round.
International observers said the election
had been free and fair.
The government has denied
that the firing of the two
public broadcasting heads
was politically motivated
In September, after the elections, the
state media’s precarious situation once
more became evident, when the interim
government dismissed Carlos Gomes
Nha and Adriano Ferreira, directors of
the national radio and television respectively. Commentators believe the interim
government took this step because both
news organisations were deemed to have
provided greater positive coverage to
“Nino” Vieira who defeated the government candidate in the presidential elections. In their place, the interim government appointed cabinet leader Ricardo
Semedo to both positions, saying that the
appointment would provide “a new dynamic to the government programme"
for the public media.
After being sacked, the fired directors
accused the government of undertaking a
political purge. Ferreira said the minister’s explanation that the firing of the
radio and television’s director-generals
was due to a “lack of direction” at TGB
and radio RDN was “false.” The government has denied that the firing of the two
public broadcaster heads was politically
G
motivated.
F
or Kenya’s President Mwai Kibaki
the events of this year have been
nothing short of tumultuous. Throughout 2005, the president was involved in
an increasingly bitter campaign to introduce a new Constitution that critics claimed retrenched his own powers.
In the face of growing political opposition, the president reached over politicians’ heads and held a 21 November referendum on the question of the Constitution. Embarrassingly for the president,
nearly 60 percent of the Kenyan public
rejected the new Constitution, sending
the government into crisis and leading to
demands from the opposition to hold a
snap election.
Faced with growing claims that his
political position had been undermined
by the vote, President Kibaki acted immediately by sacking 29 ministers and
their deputies. The decision received
warm support in the media and was seen
as an important first step in restoring
confidence in the weakened president
and his battered authority.
One important outcome of
the process was that it
affirmed the country’s commitment to democracy
Although the turmoil over the new
Constitution, at times, threatened to
overwhelm the political institutions in
the country, one important outcome of
the process was that it affirmed the country’s commitment to democracy.
In the media environment, however,
there were a number of incidents that
gave cause for concern. Instability in the
political sphere created a difficult relationship between President Kiribakli and
the media, and a personal incident involving the president’s wife exacerbated
the situation.
A number of journalists were also arrested this year for allegedly breaching
the country’s libel laws, and the gagging
of a private radio station in November
highlighted the fact that while the country does have democratic roots, it can, at
times, veer towards the autocratic.
In mid-January, RSF reported that investigative journalist Kamau Ngotho of
The Standard was charged with criminal
libel. The charge arose from an 8 January
36
Sunday Times Managing Editor Onyango Omollo, left, and Staff Writer
David Ochami, middle, walk with their lawyer Cliff Ombeta, right, as they
leave Nairobi law courts, 29 September 2005. (AP Photo/Khalil Senosi)
article written by Ngotho describing the
connections between business and members of the Kenyan government. In
response, a number of businessmen made
formal complaints about the article and
The Standard’s deputy editor, Kwamchetsi Makokha, was questioned for four
hours at Nairob’s Criminal Investigation
Department.
On 13 January, The Standard issued a
number of corrections to the story and
made an apology for its errors. However,
on the same day, Ngotho was charged
with criminal defamation and then subsequently bailed after paying US$255.
Fortunately, at a hearing on 17 January,
Kenya’s Attorney General decided to discontinue the action.
A two-year old case against a journalist also reached a conclusion in early
April 2005. On 5 April, David Makali,
the managing editor of East African
Standard was acquitted of criminal
charges. The case arose from an article in
September 2003 about the alleged murder of Odhiambo Mbai, who played a
key role in the attempted reform of the
Constitution.
Fourteen days after Mbai’s death, the
newspaper published confessions allegedly made by suspects in the case. The article led to Makali being detained and
charged with stealing videotape allegedly
containing the confessions. Staff at the
East African Standard have said police
questioned them repeatedly about their
sources; they have consistently denied
that they were in receipt of the videotape.
2005
Kenya's First Lady, Lucy Kibaki holds the Standard newspaper
with her in the lead story, 3 May 2005 in the Daily Nation's
office after she stormed the newspaper's office.
(AP Photo/Nation HO)
A press freedom incident encouraged
a heated dispute between the media and
president Kibaki in May and eventually
found its way to the office of the Kenyan
Attorney General.
In this present case,
IPI is deeply concerned
that the decision is political
in nature and intended
for the sole purpose of
avoiding undue embarrassment to the political
leadership of Kenya
The incident involved the president’s
wife First Lady Lucy Kibaki who is alleged to have entered the Nation’s offices
on 2 May and assaulted Kenyan Television Network cameraman Clifford Derrick Otieno, and damaged his digital
video camera recorder valued at Kenyan
schillings 180,000. The First Lady had
apparently gone to the Nation’s offices to
complain about the portrayal of her family in the media.
As a result of the incident, Otieno issued a formal criminal complaint and
initiated a legal action. However, the Attorney General, Amos Wako, intervened
in the case and, through his exercise of
the power of nolle prosequi, prevented
the hearing from going any further.
As a result of his actions, the Magistrate in the case, Rosemell Mutoka, an-
nounced that the court had no option
but to accept the Attorney General’s decision to terminate proceedings. The Attorney General’s decision led to a legal challenge in the Kenya courts that is ongoing.
In a letter issued at the same time as its
Annual Congress in Nairobi, IPI protested the decision to terminate the proceedings. IPI said, “The exercise of the right
of nolle prosequi should be used sparingly and only in cases where there is an
overriding concern that the continuance
of a prosecution will lead to an abuse of
law or gross miscarriage of justice. It is
not, however, a political tool to frustrate
the legitimate right of Kenyan citizens to
pursue legal proceedings.”
“In this present case, IPI is deeply concerned that the decision is political in
nature and intended for the sole purpose
of avoiding undue embarrassment to the
political leadership of Kenya.”
On 6 May, the director of the Sangany
tea plant, Stephen Orwenyo, assaulted
Angwenyi Gichani, a Nation correspondent who reports from the western district of Nyamira. The director accused
the journalist of reporting negatively on
his work. Reacting to the situation, staff
at the hotel where the assault took place
managed to intervene and halt the
assault.
Relations between the president and
the media reached their lowest point in
late September when Kenya Times journalist David Ochami was arrested and
detained by police. According to RSF, a
policeman from the Special Crime Pre-
2005
37
Lesotho
vention Unit visited the offices of the
newspaper pretending to be a peasant
and invited Ochami to leave the offices.
Once outside, armed police officers arrested Ochami. He was later driven to his
home, which was searched and where the
journalist’s notebooks were confiscated.
The journalist faces five years’ imprisonment for alleged incitement resulting
from a 25 September column titled,
“Coups in Africa do not occur out of
nothing.” Subsequently, the Sunday
Times Managing Editor Onyango Omollo was added to the charge and faces prosecution for incitement alongside Ochami. The court case will apparently be
heard in January 2006. Both journalists
were released on bail.
Another serious press
freedom violation occurred
in November when Kass
FM, which broadcasts in
Kalenjin, was suspended
Another serious press freedom violation occurred in November when Kass
FM, which broadcasts in Kalenjin, was
suspended for seven days apparently for
“incitement to violence” over the question of the referendum for the new
Constitution. The decision was made by
the Communications Commission of
Kenya (CCK), which failed to allow the
organisation time to appeal the decision.
According to CPJ, the CCK also ordered the organisation to provide copies
of its programmes for the previous 21
days and said that, once the suspension
had been completed, the radio station
would have to argue why it should not be
closed indefinitely. In response to media
complaints about Kass FM’s closure, the
station was allowed to reopen on 18 November once management had agreed to
provide copies of programming for the
next 90 days.
The incident led to accusations that
the closure was politically motivated and
was undertaken to prevent further discussion of the referendum on the new Constitution. In a related incident, there was
fighting between ethnic communities in
the Rift Valley province, who were split
over the question of the new Constitution, and three people were seriously inG
jured.
P
ress freedom is generally respected in
Losotho, but a 1938 proclamation
prohibits criticism of the government
and contains penalties for seditious libel.
Common tools against journalists are
steep fines and they can take media organisations to the brink of bankruptcy.
Harassment and threats against the
independent media were reported this
year. Journalists face obstacles in gaining
access to official information, while stateowned print and broadcast media cover
the news in a way favourable to the government. The independent media is also
limited by its difficult financial situation.
Two incidents of anonymous death
threats during live radio broadcasts were
reported last year, according to MISA
Lesotho. Both took place during the
same radio programme, but on different
days. On 11 July, Matlama Football Club
Public Relations Officer Thabo Thakalekoala received a death threat during a live
radio broadcast. The threat was delivered
during the phone-in talk show programme “Lijo’a Ke Baeti,” broadcast on Catholic Radio (CR) FM.
“We even know where
you stay, we’ll fix you,” the
caller threatened before
hanging up the phone
The anonymous caller said he would
kill Thakalekoala, who was a guest on the
show, for “talking too much.” The topic
of the programme was alleged financial
irregularities and inadequate monitoring
of expenditure within the Lesotho Football Association. “We even know where
you stay, we’ll fix you,” the caller threatened before hanging up the phone.
On 30 June, Masupha Jobo, presenter
of the same show and the station’s manager, Sister Clementine Thatho, received
threatening calls. The topic of the programme was the issue of the King’s brother, Prince Seeiso Bereng Seeiso, being
appointed Lesotho’s High Commissioner
to the United Kingdom.
The issue is a sensitive one, and revolves on the question of whether the prince
could assume a political position. During
the broadcast, anonymous calls were
made saying that CR FM was increasingly opposed to the government. “This is
not the first incident. Even members of
the National Security Services have
approached me to complain that Jobo
was anti-government. We no longer know
what we are supposed to run on air. One
wonders whether we are expected to run
religious programmes only and not issues
of national importance and concern,”
Thatho told MISA Lesotho.
On 21 March, the editor-in-chief of
Public Eye, the largest publication in
Lesotho, Bethuel Thai and journalist
Khutliso Sekoati were told to appear before Lesotho’s chief magistrate, Molefi
Makara. The summons followed an article published in the newspaper’s March
edition, titled, “R350,000 seized at airport.”
According to MISA Lesotho, the chief
magistrate informed the journalists that
the article had “tarnished his image” and
was “a product of individuals who were
agitating for [his] downfall in the legal
profession.” The magistrate also threatened to sue the newspaper in his personal capacity for allegedly “damaging his
integrity.” The article alleged that a sum
of money seized at Moshoeshoe International Airport was being illegally taken
out of the country in contravention of
monetary exchange regulations.
On 7 November, Public Eye again feuded with the authorities. This time the
High Court of Lesotho ruled against the
newspaper in a defamation case. The ruling awarded the plaintiff, Lebohang Thotanyana, approximately US $222,000 in
damages for alleged defamation. However, Bethuel Thai said that he was not
aware that there was a case in court to be
answered. “We have, however, filed papers to indicate that we should be given a
fair hearing because we do stand by what
we published,” Thai told MISA Lesotho.
The case was brought to court after
Public Eye published an article in its 15
July edition titled, “Bank and club at
each others’ throats.” The article detailed
the story of a financial audit that the
Central Bank of Lesotho had conducted
on the accounts of Facilities Management
Company, which had been awarded a
tender to administer the Central Bank’s
recreation Centre. The article contained
quotes from sources that said there had
been “a tug of war” going on between the
two institutions. The article also detailed
alleged improper accounting of the centre’s finances by the board – on which
Thotanyana sits.
38
2005
Liberia
On 10 March, representatives of weekly newspaper The Mirror appeared before
the High Court on civil defamation
charges relating to a July 2003 article by
the newspaper’s sub-editor, Handsome
Tlali Caswell. The case was initiated by
Moeketse Vincent Malebo, who claimed
the article was defamatory because it
insinuated he had arbitrarily taken control of property and used it for his own
personal gain. The newspaper and Caswell are being sued, together with two
other people quoted in the article.
I will beat you severely
if I see you at any one of
our forums under the guise
of media coverage
On 25 February, the editor of the
weekly tabloid Moeletsi oa Basotho, Francis Khoaripe, was threatened by two officials of the Lesotho Catholic Bishop’s
Conference (LCBC). The background to
the violation is an article published in the
newspaper on the same day, which the
two officials claimed was defamatory.
Booi Mohapi, the Secretary of the
Commission for Social Concern of the
LCBC told Khoaripe “I will beat you
severely if I see you at any one of our
forums under the guise of media coverage.” Mohapi’s colleague, Makhojane
Mahlakeng, was also present when the
threat was delivered. Mohapi also told
Khoaripe, “Had we met you earlier, we
would have sorted you out. You have
defamed us.”
The article contained a report on a women’s prayer session hosted by the LCBC
in preparation for the upcoming Lesotho
local government elections, and alleged
that the gathering had been used by
members of the ruling Lesotho Congress
for Democracy (LCD) party to list women candidates to run in the local govG
ernment elections.
W
ith two ruinous civil wars causing
the deaths of 200,000 people and
the displacement of a further 3,000,000,
Liberia is in desperate need of outside
assistance. There was, however, hope this
year as the election of Ellen JohnsonSirleaf as Liberian president, and Africa’s
first woman president, promised to bring
about much needed change to the wartorn and impoverished country.
Johnson-Sirleaf ’s election on 17 January 2006 energised the international community and led many to say that it announced a new chapter in the country’s
history, and perhaps the dawn of a new
era. It is to be hoped that the goodwill
expressed at Jonhnson-Sirleaf ’s election
does not dissipate, and that assistance will
be given to her government, allowing democratic and economic changes to be introduced to the country. At present, Liberia is one of the world’s poorest nations; a position reinforced by the failure
of the capital, Monrovia, to have its own
working electricity infrastructure.
Johnson-Sirleaf ’s election
on 17 January 2006
energised the international
community and led
many to say that it announced a new chapter in
the country’s history
Even with international help, there are
still many obstacles to be overcome.
There are some 15,000 United Nations
peacekeepers in the country maintaining
peace, and many of the politicians Johnson-Sirleaf presides over are forbidden to
travel by the United Nations due to their
participation in the country’s civil wars.
Moreover, large numbers of Liberia’s citizens live in appalling poverty and have
been deeply traumatised by the wars; this
is particularly true of the country’s children who were often forced to fight and
take part in atrocities.
Behind all of these problems, lies the
question of what to do about former President Charles Taylor who fled the country in 2003. Taylor is sought by the United Nations war crimes tribunal in Sierra
Leone, but Nigeria, where the warlord
resides, is refusing to give him up. The
continued freedom of this fugitive from
justice remains one of Liberia’s most
intractable problems, and many of the
Liberian disapora claim that Taylor still
exerts influence in the country.
In winning the presidency, JohnsonSirleaf fought off a strong challenge from
former professional football player, George Weah. Going into the election, Weah
appeared to have the lead. However, election results showed that the country had
a preference for Johnson-Sirleaf.
The election contest had a considerable impact on Liberia’s media. On 10
November, the Press Union of Liberia
(PUL) wrote to the Chairman of George
Weah’s Congress for Democratic Change
(CDC) highlighting a “growing number
of attacks on PUL members.” According
to the letter, on 8 November, partisans in
the CDC compound physically attacked
a team of reporters from Catholic Radio
Veritas. PUL stated that the journalists
had gone to the compound seeking clarification on a statement issued by Weah.
During their visit, and in the midst of
Weah’s supporters, a CDC party official
verbally attacked them.
On the following day, PUL reported
that journalist George Borteh of the
Analyst newspaper was similarly bullied
and assaulted at the CDC headquarters
by supporters. The attacks came after
Weah apparently said, in Nimba county,
he would deal with certain journalists
once he had won the election.
After the presidential elections had
been decided, there were further threats
issued to the media; this time from the
youth wing of the CDC. In an open letter to George Weah, PUL’s Gabriel I. H.
Williams said the Daily Observer, the
New Democrat, as well as the Observer’s
editorial supervisor Sando Moore, had all
been accused of “writing evil” about the
CDC.
Williams went on to say, “An attack
on one journalist is an attack on all journalists not only in Liberia but throughout the world. This is why as a Liberian
journalist, who has served as a media
executive and leader of the PUL, I can no
longer remain silent while you and your
gang continue your criminal activities
against the media and Liberian people
unchallenged.” The letter said that the
CDC had issued numerous threats
against the media despite assurances from
the political party it would respect “the
fundamental rights of journalists.”
2005
Ellen Johnson-Sirleaf of the Unity party
(UP) speaks to journalists in her residence
in Monrovia, Liberia, 12 November 2005.
(AP Photo/Pewee Flomoku)
Elsewhere, the courts and the authorities continued to place journalists under
pressure. On 5 January, the Media Foundation for West Africa (MFWA) reported
that the Forum newspaper was being sued
for US$2 million for libelling Melee
Kermue, a candidate for the Senate in
Bong county. The defamation case arose
from a 4 January article titled, “Wanted
Hope International Boss Escapes Justice
from the U.S.” accusing Kermue of taking part in drug deals and being wanted
by the United States’ authorities.
The continued freedom
of this fugitive from justice
remains one of Liberia’s
most intractable problems,
and many of the Liberian
disapora claim that
Taylor still exerts influence
in the country
In early March, RSF reported that the
court had ordered the offices of Forum
closed and issued an arrest warrant for
the newspaper’s managing editor, Augustus Fallah, and the other editorial staff.
The court said the newspaper would re-
39
Prince Johnson speaks to journalists in Monrovia, Liberia on 10 November 2005.
Today, he is a senator-elect promising to rebuild this West African nation, but
in the past he has been accused of participating in atrocities.
(AP Photo/George Osodi)
main closed until it paid the US$200 fine
ordered by the court for the alleged defamation of Kermue. Reacting to the
court’s decision, RSF described it as “disproportionate.”
Police also assaulted a radio reporter
on 15 March. In a press release, MFWA
said that Rhodoxon Fayiah, a reporter for
Radio Veritas, was assaulted by police officers assigned to the Careysburg security
checkpoint, about 25 km north of the
capital, Monrovia. According to Fayiah,
he and journalists Mike Jabateh and Ora
Garway of The Analyst, Webster Cassell
of the independent weekly The Inquirer,
Edward Kennedy, of the state-owned
Liberia Broadcasting System (LBS), and
Solomon Wreh of Power FM radio station were travelling in a vehicle marked
“Press” to the town of Gbarnga.
The vehicle stopped at a security
checkpoint where a police officer demanded that the journalists’ driver produce a
licence. Fayiah apparently intervened and
asked the police officer to allow the vehicle to pass because they were covering a
story. A second police officer then walked
over to the car and said, “If you are not
trained, we will discipline you. In fact,
the car is not leaving [these grounds].”
This led to an exchange of words during
which Fayiah was arrested and dragged to
the police station. Police also seized Cassell’s camera while he was attempting to
photograph the incident, although this
was later returned.
If you are not trained,
we will discipline you.
In fact, the car is not leaving [these grounds]
Another assault occurred on 6 September when Othello Garblah, news editor of the independent weekly New Democrat, was attacked at the Ministry of
Justice. The journalist was attacked as he
tried to take a picture of Edwin Snowe,
managing director of the Liberia Petroleum Refining Company (LPRC) as he
went to the ministry to answer questions
about alleged malfeasance. According to
the journalist, the managing director’s
G
bodyguards attacked him.
40
2005
Madagascar
M
any obstacles remain for journalists working in Madagascar. One
is that they remain poorly paid, which
sometimes results in a lack of reporting
on the affairs of affluent citizens for fear
of reprisals in the form of long drawn-out
lawsuits.
The lack of proper salaries has also
caused a problem with bribery in exchange for favourable coverage, and it is a
method favoured by government officials, as well as private companies. The authorities also apply a mixture of soft and
hard pressure on the media to limit critical reporting – at times there have been
reports of journalists being threatened
with physical violence. Self-censorship is
therefore embedded in the media culture.
This year, a journalist was also jailed for
his work.
Madagascar has some six daily newspapers and a number of weeklies and
monthlies that are mostly read by the
French-educated urban elite due to the
country’s low literacy rate. Broadcast media, on the other hand, are more widely
consumed. The state has a monopoly on
nationwide radio and television broadcasting, but there are numerous local, privately owned radio stations that operate
throughout the country. Internet use, although limited, is becoming increasingly
popular.
MAD. Similar charges were also brought,
but later dropped, against the director of
the Madagascar Tribune.
In a previous lawsuit, Rasoamaharo
was sentenced to two months in prison
and fined for libelling and insulting National Assembly Deputy Speaker Mamy
Rakotoarivelo. On that occasion, the case
was built around a 19 January editorial
headlined, “A true moron”, which was
accompanied by Rakotoarivelo’s photo.
The text referred to a public incident in
which Rakotoarivelo was called a moron.
Two other journalists with the newspaper, Lola Rasoamaharo and Rolly Mercia were sentenced to two months in
prison and to a one-month suspended
prison sentence respectively. The charges
came in response to a May 2004 report
recalling that criminal charges had in
We are very surprised and we see this as a
message of intimidation towards the Madagascan press for being too critical. It is
a way of trying to bring journalists into
line.”
On 22 may, Olivier Péguy, a journalist working as a correspondent for Radio
France Internationale (RFI) and a number of other international news organizations, was forced to leave the country
after having spent four years reporting
from Madagascar. The government failed
to give an explanation for its decision.
CPJ denounced the action and urged the
president to “make public the reasons for
not renewing Péguy’s work permit. If the
permit was withheld because of Péguy’s
critical reporting, the organization urged
Ravalomanana’s government to reconsider and issue a renewal immediately.” G
The authorities also apply
a mixture of soft and hard
pressure on the media
to limit critical reporting
The President, Marc Ravalomanana,
promised to respect the journalists when
he took office, but instead he has dominated the media after the election and
used it to attack the independent media.
Defamation remains a criminal offence,
even though the constitution provides for
freedom of speech. As a result, there has
been a spate of targeted press freedom
violations directed at the newspaper La
Gazette de la Grande Ile.
On 19 April, Rolan Rasoamaharo, director of the newspaper and James Ramarosoana, a journalist, were sentenced to
one month in jail for defamation. The
case was brought against the two after an
article containing an audit report on
state-owned real estate company SEI-
Madagascar's self-proclaimed President,
Marc Ravalomanana, speaks during an interview in his mayoral palace in Atananarivo,
21 March 2002.
(AP Photo/Obed Zilwa)
the past been filed and then dropped
against Pakistani businessman Mamod
Taky Mamode Abasseky. In the suit,
Mamode Abasseky said the article had
“seriously harmed his honour, respect
and credibility.”
Frank Raharison, one of the newspaper’s executives, told RSF, “This is the
first time that a newspaper publication
director has received a prison sentence
since Madagascar became independent.
2005
41
Malawi
T
he media generally enjoys a free
working climate. However, the government has found more sophisticated
ways to control the news flow, among
them laws and the barring of certain
journalists from press conferences and official functions. Despite these actions,
there are a number of private newspapers,
providing a wide range of opinions.
The state broadcaster operates two radio stations, and there are some community and private radio stations. The independent radio stations operate in a tough
economic climate, with no advertising
support from the state and with high
costs for equipment imported from abroad and subjected to high import duties
and taxes. The government has also
restricted the opposition’s access to stateowned media during election periods.
On 20 September, a test case was
launched challenging one of the laws
restricting press freedom - the Protected
Emblems and Names Act of 1967.
The act reads in part: “Any person
who does any act or utters any words or
publishes any writing calculated to or
liable to insult, ridicule or to show disrespect to the President, the National Flag,
the Armorial Ensigns, the Public Seal, or
any protected emblem or protected likeness, shall be liable to a fine of 1,000
pounds (sterling) and to imprisonment
for two years.” The law has been used by
the authorities to limit political criticism
of its record.
However, the government
has found more sophisticated ways to control
the news flow
This statue is now being challenged by
Capital Radio Malawi. According to
MISA, managing director and editor-inchief Al Osman has announced that his
lawyers will lodge an appeal with the
High Court asking the court to declare
the legislation unconstitutional.
On 14 September, police used the legislation to arrest opposition leader Gwanda Chakuamba after he allegedly insulted
President Bingu wa Mutharika at a political rally. Chakuamba had been demoted
by President Mutharika and aimed strong
criticism at the president. At the rally,
Capital Radio staged a live broadcast,
reaching millions of Malawians. On the
following day, officials with the Malawi
Communications Regulatory Authority
(MACRA) came to the station’s offices
demanding a copy of the recording of the
rally.
Police have also used the act against
journalists. On 15 March, Mabvuto Banda and Raphael Tenthani, both journalists at The Nation newspaper, were arrested at their homes in the commercial capital of Blantyre, in southern Malawi. The
arrests followed articles by the two journalists alleging that President Mutharika
believed the State House was haunted by
ghosts. Vice-presidential aide Horace
Nyaka was also arrested on suspicion of
having conspired with the two journalists
to write the stories. Banda, Tenthani and
Nyaka were charged with “publishing
false information that is likely to cause
[a] breach of peace”. Both were later
released.
This year, the president also revealed
his subtle approach to influencing the
media when he barred a television team
from accompany him on a state visit to
the Republic of China (Taiwan). The
team – nominated by Television Malawi
(TVM) and the Malawi Broadcasting
Corporation (MBC) – consisted of TVM
reporter Jolly Ntaba, camera operator
Harry Chuma and MBC chief reporter
Moffat Kondowe.
The media organisations eventually
replaced the team at the request of the
president. MISA Malawi condemned the
incident, and called it “state interference
in the media outlets’ editorial independence.” The organisation also urged Information Minister Ken Lipenga to advise
the president on the impact of such interference. “As a well-respected and refined
veteran journalist, Honourable Lipenga
should articulate the effects of exploiting
the media, especially [when] using people
[who have the] wrong speciality,” MISA
Malawi said in a statement.
On 18 October, media reported that
Parliament rejected an application by the
newly launched Zodiak Radio station to
cover live proceedings of the House.
MISA Malawi spoke to the Managing
Director of the station, Gospel Kazako,
who said that the Parliament had not
given any reason for the decision. “I am
concerned because I wanted the people in
the village to follow what their representatives are discussing,” said Kazako.
Louis Chimango, Speaker of Parliament, claimed that the decision was based on the station’s recent arrival on the
scene. “I do not want to be discourteous.
We need to grow together both the media
and us. Even in the British set-up, it took
time,” Chimango said. Deputy Clerk of
parliament Stanslas Chisanu, whose office issued the letter, said Parliament was
not sure about the station’s competence.
“Zodiak is new and has not broadcast
anything but music. They cannot start
with a serious assignment like Parliament.”
I am concerned because
I wanted the people
in the village to follow
what their representatives
are discussing
On 9 December, a statement was issued through the Office of the President
and Cabinet, alleging that five print journalists had been hired to write articles to
discredit the president and his cabinet.
The statement, signed by the Director of
Public Relations, Mike Kamwendo, said
that three of the “mercenary” journalists
work with the Daily Times, one for The
Nation and one for The Chronicle. Kamwendo said “the journalists have been
paid by Phillip Bwanali, a former cabinet
minister, since August 2005, and that
their work for him entails attacking the
president and his wife, the foreign affairs
minister, the attorney general and other
G
high ranking officials.”
42
Mali
Mauritania
The government controls the only television station and operates several radio
stations under the public network, Office
de Radiodiffusion Television du Mali.
Critical views and opposition viewpoints
are broadcast on state-controlled outlets.
Access to foreign radio and television
transmissions and to the Internet is unrestricted.
There are a plethora of
newspapers, and over 100
radio stations, many of
them community-based and
with broadcasts in a number of regional languages
Mali's President Amadou Toumani Toure
listens to the questions of journalists
during a joint press conference with
European Union Commission President
Jose Manuel Barroso, 17 November 2005.
(AP Photo/Thierry Charlier)
M
ali is one of the better countries in
Africa when it comes to freedom
of the media. Freedom of speech and the
press is guaranteed in the constitution
and is generally respected. Even though
there are harsh laws regulating the media
- including imprisonment for libel and
public injury - these are seldom used and
the authorities usually respect the rights
of journalists.
The Superior Council of Communication acts as a media regulatory body,
and the country also has a special committee with a mandate from the Constitution overseeing equal access to government-controlled media by all political
parties during elections. All newspapers
are required to register with the Ministry
of Communications, a mostly routine
process.
There are a plethora of newspapers,
and over 100 radio stations, many of
them community-based and with broadcasts in a number of regional languages.
As in other parts of Africa, radio stations
make up the bulk of media consumption
due to low literacy rates.
The country used to have an even
more diverse private press, but the number of outlets has declined in the last couple of years due to financial difficulties.
2005
There have been few reports of violence against journalists reported over the
last couple of years. Unfortunately, 2005
was an exception to this trend. On 5 July,
the Mali Journalists’ Union (UNAJOM)
reported that Hamidou Diarra, also
known as “Dragon”, a journalist with
Bamako’s Radio Kélédou, was abducted by
a group of unidentified persons while
leaving his radio station.
A few hours later, Diarra was found a
couple of kilometres from the station’s
office. His kidnappers had left him in the
bushes, probably for dead, after having
beating him severely. He was rushed to
hospital to receive treatment for injuries
sustained in the attack. The abduction
took place in broad daylight, but so far,
no one has been arrested for the attack.
Colleagues believe that he was targeted
G
because of his journalism.
W
hile the Constitution provides for
freedom of speech, the reality for
journalists is different. The freedom provided in the Constitution is restricted by
regulations enforced by the Ministry of
the Interior. Official censorship is practised alongside an informal culture of
self-censorship. All newspapers are required to register with the ministry and publishers must also submit copies of their
newspapers to the Ministry of the Interior for review before publication. This
arrangement restricts the ability of newspapers to publish daily.
The Interior Minister often applies
pressure on the media under the guise of
concerns for “national security”. The
state-owned media is biased in favour of
the government and supports official policy, although some criticism is allowed.
The government owns and operates all
broadcast media, including radio, which
is the most important source of information for the public. The government has
denied requests from private companies
wanting to set up radio stations. During
elections, opposition politicians find it
harder to gain access to media. The ruling
elite and its friends have also been known
to use libel suits and other forms of harassment against journalists that dig too
deep into their affairs.
Official censorship
is practised alongside
an informal culture of
self-censorship
This year, a junta calling itself the Military Council for Justice and Democracy
seized power in Mauritania and promised
to re-establish democracy, something that
prompted RSF to present a document
containing twelve press freedom recommendations for the junta. The letter was
handed in to the Mauritanian embassy in
Paris in September.
Ousted President Maouiya Ould Taya’s government showed little respect for
press freedom. According to RSF, his administration “exploited a draconian press
law to censor or close down critical newspapers without hesitation. It imposed
heavy prison sentences on journalists despite the disapproval of international organisations including the United Nations
and its agencies, and despite the fact that
this violated the treaties and charters gua-
2005
43
Mauritius
ranteeing civil liberties which Mauritania
had signed.”
Among the demands put forward by
RSF were appeals to repeal laws that suppress freedoms and the abolition of the
requirement to deposit copies of a newspaper with the authorities before distribution. Other points listed included the creation of an independent council with the
job of arbitrating disputes between the
press and society, and the decriminalisation of press offences such as defamation
and the publication of inaccurate reports.
RSF also said that privately owned
radio and TV stations should be allowed to operate throughout the country
and that opposition politicians and civil
society should gain access to the stateowned media.
The ruling elite and its
friends have also been
known to use libel suites
and other forms of
harassment against journalists that dig too deeply
into their affairs
In October, RSF sent a delegation to
Mauritania to meet with the country’s
new military leader, Col. Ely Ould Mohamed Vall. During the meeting, he assured the delegation that the new government would promote democratic press
reforms during the current transition. He
also said the French public radio station,
Radio France Internationale (RFI), will
soon be able to resume FM broadcasts in
Mauritania.
During the meeting, the colonel also
said that he would “tone down implementation of the existing press law until
new legislation has been adopted and said
that Article 11 of the press law was no
longer important and that he had given
“instructions for this article to no longer
have effect.” RSF said it had listed 101
cases of government censorship of the
independent press under Article 11 of the
press law since its adoption in July 1991.
There were also a number of press freedom violations reported this year. On 21
May, Mohamed Mahmoud Ould Ebilmaali, editor-in-chief of the independent
daily Akhbar Nouakchott, was released
from jail after being held for three days.
Upon his release, police demanded that
the journalist reveal the hiding place of
Jemil Ould Mansour, an Islamist opposition leader the journalist had interviewed. “They also wanted to use me to find
other fugitives, which I flatly refused to
do,” he told RSF.
Ould Ebilmaali was arrested together
with journalist Mohamed Ould Abderrahmane in the course of anti-Islamist police raids. During the raids, police searched
for leaders of an Islamist movement operating in the country. In a statement calling for Ould Ebilmaali’s release, his newspaper said he was “abducted” from his
home on the morning of 19 May by “men
in turbans who identified themselves as
police officers.” According to RSF, colleagues of the journalists believe the arrests
were connected to interviews with Islamist
opposition leaders wanted by police.
On 13 April, the Nouakchott Court
of Appeal granted bail to freelance journalist Mohamed Lemine Ould Mahmoudy and two women who were jailed in
connection with an article published concerning an alleged case of slavery. Ould
Mahmoudy was arrested on 13 March
and charged with “damaging the public
image” of Mauritania.
In the beginning of April, officials
with the Ministry of Interior, Post and
Telecommunications seized and banned
the distribution of the 6 April issue of the
independent weekly Le Calame. The officials failed to give an explanation for their
action. The management of the newspaper believes the ban may have been the
result of an article about a meeting between officers of the National Armed Forces and the chief of staff, which appeared
in the newspaper.
On 19 October, Moulaye Najim, a
journalist with the newspaper Points
Chauds, and his assistant, Abdel Ould
Sejad, were jailed for publishing pornographic pictures taken at Nouakchott
Civilian Prison. Najim was released but
Sejad remained in detention. According
to the Mauritania section of the Media
Foundation for West Africa (MFWA),
the newspaper had allegedly published
pornographic pictures of a prisoner who
had been sentenced to 21 years in jail for
murdering his mother.
RSF was a primary source of information
for this article.
By Sarah Adler
O
n the island of Mauritius, which has
had a stable democracy since 1968,
the media has improved. The Constitution of the Republic of Mauritius guarantees freedom of expression and freedom
of the press. While the government did
attempt to curb freedom of the media in
1970, there was such vehement opposition that repressive laws were eliminated.
Despite this, however, freedom of the
press in Mauritius is a work-in-progress.
The recent development of private radio
stations is promising. The growing Internet system may open doors, but the occurrence of so-called “blackouts” that deprive the press of information and the
fact that no private TV stations currently
exist are issues of concern.
With a population of 1.2 million people from different ethnic backgrounds including a mix of French, Indian, Chinese
and African descendants and a potpourri
of languages, it is important that the media in Mauritius is pluralistic and multilingual. This seems to be the case for
newspapers. Dailies and weeklies have
been judged to be “balanced,” “offered in
several languages”, and “often critical of
both the government and the opposition
parties” according to a report by the U.S.
The occurrence of so-called
“blackouts” that deprive
the press of information
and the fact that no private
TV stations currently exist
are issues of concern
TV and radio broadcasts, however,
have less variety of opinion. This is because the Mauritius Broadcasting Corporation (MBC), a state-owned organization, oversees TV and radio. On a positive note, since 2002, privately run radio
stations such as Top-FM, Radio One,
and Radio Plus have begun to appear.
In July, Mauritius had parliamentary
elections. The Independent Broadcasting
Authority (IBA) issued guidelines in late
May ahead of the vote on how to cover
the ballot, claiming that its goal was to
guarantee coverage that would be balanced and fair. IBA chairman Cader Kalla
said, “We want to make sure that the voters have the opportunity to know the
programmes that the parties and candi-
44
2005
Mozambique
dates plan to implement to solve the
country’s problems. We want the voters
to be aware of the programmes so that
they can accomplish their civic duty. The
IBA is there to make sure that everyone is
treated equally.”
However, the directors of private radio
stations were not pleased with the guidelines. To address this discontent, IBA,
private radio, and MBC representatives
met on 31 May. Private radio directors
left the meeting satisfied. Their main reasons for concern had been that there was
to be a five-day delay of coverage of political rallies before and that political parties
would have to notify the IBA of their
platforms 48 hours before they could be
released to the public. In a sign of growing democracy in the country, in the elections, Prime Minister Paul Berenger lost
to opposition leader Navin Ramgoolam.
Another issue pertaining to the media
in Mauritius is the development of the
Internet. The government is committed
to transforming Mauritius into a nation
with a coast-to-coast wireless Internet
service. The island’s size, only 40 miles
long, makes this feasible. As Riswan Rahim, head of ADB Networks, the company installing the wireless radio network,
said, “It’s a small place, so for a wireless
network, it’s manageable.”
To address this discontent,
IBA, private radio,
and MBC representatives
met on 31 May
However, if it is to be successful, this
“cyber-island” goal will also require policy changes. “[The government] wants to
create a cyber-island, but they haven’t
changed their regulation and infrastructure enough to create the climate” Rahim
said. Such policy changes could affect
freedom of the media, and are important
for the free flow of information.
Widespread Internet access also means
that newspapers, TV channels, and radio
stations would be able to have online versions. If the Internet is readily accessible
and if the population is computer-literate, this could help media outlets expand
their audiences.
As part of this “cyber-island” goal, one
of the government’s initiatives has been
to train people in computer basics. This
could help the growth of the media in
Mauritius.
In January, an annual report by the
media watchdog RSF gave positive reviews of freedom of the press in Mauritius. However, Raj Jugernauth said in an
article in All Africa, “Unfortunately, it
cannot be said that the Mauritian press
enjoys a right of access to information.
The present government
has grown into a champion
of blackout and some
ministers say they will
not talk to such or such
reporter
The present government has grown
into a champion of blackout and some
ministers go to the extent of saying bluntly that they will not talk to such or such
reporter who, according to them, are
anti-government. Or perceived as such.”
Jugernauth defined blackout as “depriving the press of any iota of information
on a number of subjects.” These problems show that caution is needed when
G
assessing the media in Mauritius.
P
ress freedom is provided for in the
Constitution, but restricted in terms
of respect for the Constitution, human
dignity, the imperatives of foreign policy,
and national defence.
Criminal libel laws are at times used to
prosecute journalists for defamation, and
journalists face threats and other forms of
intimidation in Mozambique. Criticism
of the government does exist in some private newspapers, but these are read by
very few as the country has a low literacy
rate, especially in the countryside. The
state also controls nearly all broadcast
media, and the opposition finds it hard
to access the airwaves.
Corruption remains a problem, and so
does widespread crime. Reporting on
these issues is a risky business. One such
example occurred on 27 January, when
Jeremias Langa, news director of the privately owned Mozambican television
channel STV, was kidnapped at gunpoint
in Maputo. He was held briefly and
threatened that he would be killed unless
he “shut up.” This was not the first time
that Langa has been targeted because of
his work; he was previously attacked and
threatened by armed men in October
2004. The police investigation into that
incident was inconclusive.
He was held briefly and
threatened that he would be
killed unless he “shut up”
According to RSF, Langa was attacked
by two unidentified “black men in their
30s” in the Maputo suburb of Malhangalene. The attackers threatened Langa
with their pistols and got into his car
with him. One of his attackers took the
wheel, while the other kept his gun
pointed at Langa in the back seat. “You
talk too much,” said the man, pointing
his gun at Langa. “You’re a journalist
who talks too much. You are going to be
given a lesson that will make you shut up.
You are going to die like Carlos Cardoso.” The high-profile journalist was murdered in 2000. Langa told RSF that he
made an effort to say nothing in reply
and to keep calm.
“You are saying nothing, but you talk
too much on your TV station,” his assailants said. They eventually threw him out
of the car as they passed a restaurant a few
kilometres from the city centre. Langa
2005
45
Namibia
often comments on political issues during his frequent interviews with Mozambican personalities on STV.
On 28 June, police brutally attacked
photojournalist Luis Muianga and his
colleague Raul Senda, who both work at
the weekly newspaper Zambeze. The attack occurred while the journalists were
on assignment in downtown Maputo, covering a story on an impending taxi fare
increase caused by oil price increases.
You’re a journalist who
talks too much. You are
going to be given a lesson
that will make you shut up.
You are going to die like
Carlos Cardoso
Muianga told MISA-Mozambique
that he and his colleague were doing their
jobs when they noticed that municipal
police officers were chasing street vendors
and seizing their products – they then
decided to document the incident.
“When I was taking pictures I was approached by a man in civilian clothes who
asked me who I was. I told him, ‘a reporter’ and he asked [me] to identify myself
and I complied immediately. Off he went
and came back with a group [of ] seven
policemen and they started to hit me.”
Police repeatedly beat Muianga and
Raul Senda before throwing them into a
nearby police van for transport to the
station where they were arrested. “After
the questioning they acknowledged
their mistake and released me and my
colleague,” Muianga said. The police
have since made a public apology for
the incident.
On 13 April, two cameramen with
STV were attacked by a group of guards
from a private security firm. They also
had their equipment seized. The guards
approached the crew when they were
filming in the streets of the capital,
Maputo, and ordered them to hand over
the equipment. When they refused to do
so, they were assaulted.
On 28 March, the Maputo City
Court’s eighth section barred media from
being present at a libel case involving one
of six men sentenced to long prison terms
for the murder of Mozambique’s foremost investigative journalist, Carlos Cardoso. According to commentators, the
court’s decision was unprecedented.
Journalists covering the proceedings
were told by the presiding judge that the
trial would be held “behind closed
doors”, and he also said “it is secret.”
When questioned about the decision,
none of the court officials could explain
the legal basis for the trial’s secrecy.
The murder of Carlos Cardoso has become a chilling symbol of the sometimeslethal working conditions for journalists
in Mozambique. Cardoso was a journalist with the fax journal Metical, who was
gunned down in November 2000 while
riding along Avenue Martires de Machava in Maputo.
The trial has been a long drawn out
affair, and this year it was in the news
again after a fugitive wanted in connection with the murder was returned to
Mozambique, where he faces a new trial.
He had twice previously escaped from
G
custody.
N
amibia is considered to be one of
the media-friendliest countries on
the African continent. There have been
few serious breaches of press freedom reported in the last couple of years, and the
media landscape is vibrant; Namibians
enjoy access to a wide range of different
views and opinions. In addition, the independent media regularly criticize the
government, although some self-censorship – albeit very little by African standards – exists.
Some eight newspapers are in circulation, six of them are privately owned.
There are a number of private radio stations and two private television stations
that broadcast in English and German.
Foreign news programming is also available via satellite, mainly the BBC.
There are no government restrictions
on the Internet, and Internet news outlets are popular with news consumers.
Although the media generally operate
without government interference, the
private media enjoys a freer working climate compared to that of reporters at the
state-run media, although the government has been known to withhold advertising from critical news outlets.
At times, journalists with state-owned
media such as the national television station, NBC, are subjected to indirect and
direct pressure and as a result avoid reporting on controversial topics. Free media advocates have accused the NBC of
being a mouthpiece of the authorities;
furthermore, there are lingering allegations of interference with the station’s
programme and editorial content – even
though the situation has improved over
the last couple of years.
Although the media have improved
their practices, some commentators say
that the media – foremost local outlets –
remain biased and that coverage is influenced in part by the social status and
standing of those reported on. This was
also an issue raised by top-level politicians.
In April, the Minister of Information
and Broadcasting, Netumbo Nandi-Ndaitwah, announced that she feels the Namibian media need to become more professional and accountable for their work.
“I believe the media have an indispensable role to play as the fourth pillar of
democracy and as watchdog to disclose
corruption and other evils in society,” she
said.
46
2005
Niger
She added, “I have observed with concern that accountability is not high on
the media agenda and this is an area
where I want to see change. Intensive and
continued media training is necessary to
improve the professionalism of the majority of our media practitioners.” She said
the government did not want to be prescriptive in determining an ethical code
for journalists, but wanted the profession
to draft its own.
Presidential Affairs Minister Albert
Kawana also said the local press should be
“sensitive when reporting on issues of
national interest, and that it was unfortunate that some people in Namibia view
the press as a ‘holy cow’ not accountable
to anyone.” Although the Minister said
he was not advocating restraint on issues
that require disclosure. To support this,
he said, “criticise where criticism is due,
condemn where it is necessary, disclose
where it is necessary. But always in an objective manner.” The message was delivered at a function to mark World Press
Freedom Day in Windhoek.
The Minister also said that there is “a
need for some of our press to re-examine their actions and assess whether
such actions are in the interest of peace,
national security and racial harmony in
our country.”
Criticise where criticism is
due, condemn where it is
necessary, disclose where it
is necessary. But always in
an objective manner
In June, media reported that the Freedom of Information Act, that has languished for so long, may soon start to play
a serious role in rooting out corruption in
the country. The Act is designed to form
the basis of the Government’s anti-corruption initiative but has not been used
since its inception in 1999. The law is
designed to shed more light on both the
public and private sector and is seen as an
important tool to combat crime in a
country where corruption remains a major problem. The Act will also improve
working conditions for the media, allowing for freer access to information.
Last year was also a tough one for the
NBC. Over the years, the broadcasting
corporation has accumulated US$ 4.5m
in unpaid taxes, a figure revealed by the
newspaper The Namibian. Director-general of the NBC, Gerry Munyama, confirmed that the debt existed, but added
that the situation has changed and that
delays in the 2005 budget process were
the real reason for the unpaid taxes.
The NBC chief told The Namibian:
“Yes, the debt came into being as a result
of the delayed presentation of the 2005
National Budget. However the situation
has since changed.”
In a bid to improve service provision
and boost revenue, Munyama added, the
NBC was embarking on a restructuring
exercise, which was likely to result in layoffs. The government deemed the situation as serious and said the organisation
need to “work hard and to operate within the limited financial and material resources at their disposal.”
On 5 October, the Katutura Community Radio (KCR) went back on air after
having been off the airwaves due to financial difficulties. The station is usually
considered to be the country’s foremost
grassroot outlet. According to Mathew
Haikali, acting national director of MISA
Namibia, it is seen “as the first truly community-based radio in the country and
KCR is in a good position to become a
flagship and pioneer of community radios in the country.”
The station started operations in 1995
and was launched by a group of non-governmental organisations as a pilot project
to address social issues among minority
communities such as unemployment, urbanisation, HIV/AIDS, violence against
women and children and alcohol abuse.
“In the beginning, we were broadcasting only one hour a day by reaching out
to rural communities and it was a long
and challenging road,” said station manager Natasha Tibinyane. The station shut
down in 2001, after facing financial difficulties. However, with financial assistance, the station is now back on air broadcasting 24 hours a day. In 2004, the station received two awards at the MISAG
Namibia Media Awards.
N
iger is a difficult place for journalists. Democratic progress has been
slow, and so has the advance of press freedom. The country remains unstable, and
working conditions for journalists are
insecure. The authorities often target
journalists in connection with stories that
concern bad government or topics deemed too uncomfortable for the public.
Libel and slander are regarded as criminal
offences and are punishable by imprisonment, as well as fines. Radio stations are
regularly closed by the government, and
the licensing process is often an arbitrary
affair.
Reporting on sensitive political issues
in Niger can lead to some form of harassment by police or government officials.
State-owned media, on the other hand,
reflect the government line, and the government also controls much of the broadcasting, even though there are some private broadcasting outlets.
Democratic progress has
been slow, and so has the
advance of press freedom
Private radio stations are often less critical of the government than their counterparts in the private newspapers. However, because literacy remains at a low level, most people obtain their information
via the radio. Last year again showed that
reporting on issues that the government
feels should remain hidden has consequences for journalists. This time, it was
the government’s handling of a famine
that was a forbidden topic for the media.
On 27 September, a journalist was
sentenced to jail for his reporting on corruption in connection with the famine.
Abdoulaye Harouna, publication director
of the monthly Echos Express, was sentenced to four months in jail and given a fine
of 520,000 CFA francs by a court in the
northern town of Agadez. He was found
guilty of defaming the local governor,
Yahaya Yendaka.
The case was built around an article
written by Harouna, in which he accused
the governor of corruption in the distribution of food aid during the famine.
Moreover, Harouna faces yet another trial on another count of defaming Yendaka. That case concerns an August article
describing a campaign of harassment and
intimidation by local authorities against
2005
journalists who report on sensitive topics.
Responding to these events, IPI wrote
a September letter of concern to the government of Niger in which it said, “In
reviewing recent events, IPI is deeply
concerned that the Niger government has
misunderstood the role played by the
independent media in a crisis. During a
possible famine, the independent media
can act as an early warning system, alerting the government to potential disaster
and allowing it to act accordingly...”
“Therefore, the work of the independent media, and those in the state media
prepared to speak out, is invaluable to a
government facing such a crisis. It provides a clear idea of what is occurring in
society, allowing government to expose
corruption and greed that may inhibit
the famine response...”
On 20 December, the Magistrate
Court in Agadez sentenced another journalist, Hamed Assaleh Raliou, to an
eight-month suspended prison term for
allegedly defaming Yandaka. The charges
stem from a report for Radio France Internationale, alleging that the governor
had distributed food aid to military and
administrative officials instead of the victims of the disaster. Another charge stemmed from a talk show Raliou hosted on
the Agadez-based independent station
Sahara FM. Guests on the show criticized
the governor for unfairly distributing aid.
Since the onset of the famine in Niger,
several newspapers have accused Yadanka
of diverting food supplies.
Despite the determination of the authorities to deny the existence of the famine, the independent media published
several articles on the issue, with photographs of starving people. Private radio
stations also produced magazine programmes on the subject, while the government weekly Sahel Dimanche also reported on the famine and faced immediate consequences.
The editor-in-chief of the newspaper,
Tchirgni Maïmouna, was as a result of her
reporting relieved of her duties and given
leave of three months. Another journalist, Donaig Le Du with Radio France
International was also targeted, not by
the authorities, but by public television
broadcaster, Télé Sahel.
In an editorial read on the evening’s
news telecast, journalist Ismaël Iboun
Guèye stated that the RFI correspondent
had no other aim than to tarnish Niger’s
47
A child suffering from malnutrition lies in a makeshift feed center in the town
of Maradi, Niger, 23 July 2005.
(AP Photo/Schalk van Zuydam)
image. He added that the journalist had
never been on the ground and that she
had made up the feature from her hotel
room in Maradi. However, this was incorrect: Le Du had reported from the
regions of Maradi and Tahoua, the areas
worst affected by the famine and where
the organisation Doctors without Borders
had set up reception camps for malnourished children.
You don’t know me!
Well, then today you
will know me
On 25 July, Moussa Douka, a journalist for the satirical weekly newspaper La
Griffe, was detained for several hours at
the Police Criminal Investigations Department in Niamey. The detention followed an article he published mentioning
several cases of an alleged end-of-year secondary school examination fraud. The
journalist alleged that a member of an
examination board was assaulted by a
woman for refusing to “cooperate” with
her in cases concerning corruption. According to local sources, police tried to
force Douka to reveal his sources, but
eventually released him after he refused
to do so.
On 10 August, Mamane Abou, managing editor of the weekly Le Républicain,
was verbally abused and threatened by
Alhaji Moussa Dan Foulani, a businessman and close friend of President Tandja
Mamadou. Abou’s newspaper has published several investigative articles into
the management of public funds and
questioned the allocation of public contracts, some of which had been awarded
to Dan Foulani.
The incident took place in the lobby
of the Gaweye Sofitel Hotel. Foulani began to insult Abou accusing him of publishing lies in his newspaper. When Abou
asked those who were present about the
identity of his attacker, Dan Foulani was
infuriated. “You don’t know me! Well,
then today you will know me”, he told
Abou. The businessman got up and attempted to assault the journalist but was
prevented from doing so by onlookers.
On 26 October, Dan Foulani attacked
radio journalist, Nouhou Arzika. Arzika
is a host of two programmes broadcast on
privately owned radio stations and also
the president of the Coalitian Against the
High Cost of Living. The assault took
place when Arzika was meeting with a
US embassy employee at his organisation’s headquarters in Niamey. Foulani
arrived at the headquarters in the company of two men who started to attack the
radio host. Foulani also threatened the
journalist with a gun, saying, “Today you
will die. You will no longer insult anyone
on the radio or elsewhere.”
48
2005
Nigeria
Arzika’s programmes usually cover the
rising cost of many basic consumer products, and corruption involving businessmen and the local elite. He has accused
Foulani of corruption on a number of
programmes.
On 12 November, Salifou Soumaila
Abdoulkarim, publication director of the
privately owned weekly Le Visionnaire,
was detained by police after the treasurergeneral of the republic, Siddo Elhadj, had
filed a defamation suit against him. The
suit was filed in response to an article
published in the 10-17 October issue of
the newspaper alleging that Elhadj had
misappropriated funds amounting to
approximately 26 million euros. On 5
December, he was sentenced to two
months in jail and a symbolic one-franc
CFA fine for defamation.
On 8 December, Moussa Aksar, managing editor of the independent weekly
newspaper L’Evenement, was attacked by
a member of the National Assembly, Sanoussi Jakou, for allegedly tarnishing the
image of the legislator’s family. The attack
came in response to a September issue of
L’Evenement, containing a letter from a
reader alleging that the chief of the
Kornaka District, Jakou’s brother, had
stripped naked a woman he suspected of
G
witchcraft.
Former governor of Lagos state,
Mohammed Marwa, attends a public
function in this file photo taken
in Abuja, Nigeria, September 2005.
Nigerian authorities said on 29
December 2005, they had detained
Mohammed Marwa as part of a
corruption probe.
(AP Photo)
By Sarah Adler
N
igeria has had a civilian government with an elected leadership
since 1999 when a new constitution was
adopted, ending 16 years of military rule.
Press freedom has made significant inroads since then. Media outlets are numerous, diverse and active. According to
BBC Country Profiles, “Nigeria’s media
scene is one of the most vibrant in Africa.” Nevertheless, the media is still restricted as violence, censorship and intolerance hinder its work. The press works
in a “prevailing culture of brutality,” according to RSF.
State-run radio and TV services reach
virtually all parts of the country. In 2005,
more than 280 radio and TV licenses
were granted to private operators, according to the media regulator. Each region
has its own radio station and most operate TV services. Radio tends to be the
main source of information for Nigerians
while TV is mostly used in urban areas
and by the affluent.
Newspapers are numerous and diverse, spanning the range from popular tabloid to respected dailies, and they are often critical of the government. However,
the laws are restrictive. The government
has issued bans that are worrying, such as
a 2004 prohibition on rebroadcasts of foreign radio programmes. Journalists often
face arrests and then legal penalties such
as fines or imprisonment. During the
past year, there have also been assaults
and even a murder attempt.
On 4 January, a team of police officers
and members of an anti-riot unit attacked journalists attending an emergency
meeting of the National Executive Council of Nigeria’s ruling People’s Democratic
Party (PDP). Police claimed that PDP
officials had told journalists they were
not permitted to cover the meeting,
which was called to address internal disputes within the PDP party.
On 4 March, members of the Kick
against Indiscipline (KIA) paramilitary
brigade in Sabo in the Yaba district of
Lagos beat Ayodele Ale, a reporter for the
Saturday Punch, with sticks and threw
him injured into a cell with other detainees. Ale had been taking photos at a
site where KIA agents were detaining
people crossing a highway without using
the pedestrian bridge. KIA members took
him to the Customary Court in the Akerele district of Surulere, Lagos. When
confronted with an account about Ale’s
beating and arrest published in the
Saturday Punch, the KIA acknowledged
the incident, but said Ale was beaten by
an individual who did not belong to the
brigade.
Five men with pistols held
the entire staff of the Lagos
daily, The Vanguard, at
gunpoint and manhandled
two correspondents
In another case, traders in south-eastern Nigeria mobbed Ijendu Iheaka, a reporter for The Punch and Mathia Nwogu, a reporter for The Sun and seized
their tape recorders. The journalists had
gone to interview a recently widowed trader who claimed men in the market were
harassing her because she had rejected
their sexual advances.
A witness of the attack insisted that
the journalists should be taken before
Eric Obioha, chairman of Ariaria Market
Trader’s Association. Obioha dispersed
the crowd, but nevertheless seized the
journalists’ tape recorders. At a press conference on 22 March, Objoha apologised
to Iheaka and Nwogu for the assault. He
said the attack was the result of the tra-
2005
ders’ “ignorance”, as reported by the
group Media Rights Agenda (MRA).
In another incident, at a press briefing
on 26 April organised by Lagos State
Commissioner for Transportation, Muiz
Banire, a group of people loyal to the ruling political party in Lagos state Alliance
for Democracy (AD) forced their way
into the press centre and attacked the
journalists present. Femi Akinola of the
daily New Age sustained several injuries
including the dislocation of his lower jaw
and a broken tooth. Bamidele Ayodo of
the Gateway Broadcasting Corporation
had a deep cut on his lower lip.
The Lagos state government responded quickly to the violence by issuing a letter of apology. Police arrested and prosecuted the attackers. In order to prevent a
repeat of such incidents, the State Executive Council banned non-ministry staff
from press briefings.
On the evening of 27 August, five
men with pistols held the entire staff of
the Lagos daily, The Vanguard, at gunpoint and manhandled two correspondents, Simon Ebegbulem and Osaro Okhomina. The assailants accused the journalists of writing lies.
In a case of attempted murder on
1 September, gunmen firing from a car
tried to kill Peter Iwelomen, editor of the
community magazine Esan, while he was
driving home. The gunmen hit Iwelomen’s car but they missed him.
Two days after Omolehin
was arrested and three days
after the union offices were
raided, security forces continued to occupy the offices
Arrests, detentions and prison sentences also contributed to creating a culture
of fear and intimidation. On 19 January,
the Rivers State Police Command arrested Jerry Needam, publisher of the Port
Harcourt-based weekly tabloid National
Network. No formal reasons were given
for Needam’s arrest, but reports quoted a
senior police officer as saying that the
command was angered by a report in the
newspaper portraying the commissioner
in a bad light.
In another case, Omo-Ojo Orobosa,
publisher of the Midwest Herald newspaper, was arrested on 2 May on allegations
of having committed the offence of sedition. However, there was no warrant.
Although Orobosa was held in custody
for twelve days, no formal charges were
ever made. In addition, the Lagos office
of the tabloid was sealed off at the time of
Orobosa’s arrest.
Segun Omolehin, the chairman of the
Nigeria Union of Journalists (NUJ) Kogi
State branch, was detained on 22 June in
the state capital Lokoja. He was kept
overnight and released without charge.
Omolehin claimed he was beaten by
other inmates on the orders of police officers.
The day before authorities apprehended Omolehin, police raided the union’s
offices and demanded to see Wole Ayodele, a correspondent for the independent national daily Vanguard and Isiaka
Oyibo, a reporter for the independent
national Daily Times. The newspapers
had published stories alleging that armed
bandits had attacked and humiliated the
local police commissioner. On 24 June,
two days after Omolehin was arrested
and three days after the union offices
were raided, security forces continued to
occupy the offices.
On 30 June, Haruna Acheneje, a correspondent for The Punch newspaper in
Akwa Ibom state, was arrested in the state
capital Uyo by the State Security Service
(SSS). At the time of the arrest, the organisation MRA expressed concern for
Acheneje as no one was allowed to see
him and no reason was given for his
arrest and detention. Acheneje resurfaced
on 4 July. He claimed he had been detained for about eight hours in solitary
confinement, interrogated and subsequently released. He was reportedly questioned in connection with a story entitled
“Lawmakers got $1.2m to remove me –
Ex Deputy Governor.” Acheneje claims
he did not write the story in question.
Obstacles to travel also limited the
rights of journalists. On 25 July, SSS
agents prevented Ezuiche Ubani, the editor-at-large of Thisday newspaper, from
flying to Ghana. His passport was seized
and he was sent to the airport’s office for
questioning. SSS officials allegedly said
that there was an order that Ubani was
not allowed to travel. Ubani claimed that
he had never been informed of the order.
Security operatives refused to tell Ubani
what offence he had committed to warrant such a ban. After Ubani’s flight
49
departed, airport operatives gave Ubani
his passport back. They told him that a
superior officer who was supposed to
question him had contacted the SSS
director-general, who instructed that
Ubani be allowed to leave.
Closures of media outlets, suspensions,
raids and censorship have also restricted
the media. On 19 August, SSS agents
carried out a harsh raid on the offices of
The Exclusive. The SSS then used threats
to deter street vendors from selling the
latest issue of the paper. Ofa Irabor, editor-in-chief of The Exclusive, told RSF
that the SSS refused to explain the reasons for their actions, but he believes it
was prompted by the newspaper’s coverage of the re-emergence of separatist unrest in the Biafra region. RSF added the
SSS to its list of “international press freedom predators” in 2004.
The National Broadcasting
Commission (NBC) used
its power to shut down TV
stations and radio outlets
In another incident, on 22 August, a
presidential committee investigating the
jail-breaks at the Port Harcourt Prison in
Rivers State and the Ugwuashi-Ukwu
Prison in Delta State barred journalists
from covering its proceedings.
Prevention of journalists from covering a specific incident is not the only way
that media content has been controlled.
The National Broadcasting Commission
(NBC), Nigeria’s broadcasting regulatory
agency, has also used its power to shut
down TV stations and radio outlets when
it was displeased with coverage. On 23
October, the NCB closed Daar Communications Limited, operators of Africa Independent Television (AIT) and RayPower FM, over alleged unprofessional coverage of an airliner crash in which 117
passengers and crew members died. However, the next day NBC authorised Daar
Communications Limited to reopen the
stations.
Nigeria has many news and media
outlets. This is an encouraging sign.
However, because journalists are still attacked with impunity and because censorship and harassment through the
courts and legal interdictions are all too
common, an environment of violence
G
and fear prevails.
50
2005
Rwanda
By Issa Mansaray
T
he 1994 genocide will continue to
haunt Rwandan politics for several
years. The current government’s traditional courts, the “gachacha,” are still trying
more than 100,000 people accused of
genocide and crimes against humanity.
President Paul Kagame’s government has
stabilized the economy and held national
elections. However, the flight of refugees
and local militias to neighbouring countries, especially to eastern Democratic
Republic of Congo (DRC) is a source of
concern in Rwanda. The DRC has accused Rwanda of supporting rebel movements and factions.
The trials of genocide suspects within
the country have overloaded the judicial
system. At the same time, the pace of the
international tribunal at Arusha has
slowed. Part of the problem has been a
lack of resources and political will on all
sides. Some of the key witnesses to the
genocide have been shot and the Kigali
government has failed to respond. The
government has also been criticised for its
treatment of journalists and opposition
leaders. The disappearance of a former
Supreme Court judge and the prosecution of opposition leader, former President Pasteur Bizimungu, are seen as a
government strategy to suppress political
dissidents and their organizations.
A court acquitted Kabonero
of “sowing division,” but
found him guilty of “libel
and attacking the dignity of
a high official
Although the government granted licenses to privately-run radio stations last
year (for the first time since the genocide
in 1994), it still monitors their operations. This is, in part, due to the role
played by the media, especially the broadcast media, described as “hate radio”
that fuelled the genocide. The Kigali government has often used these incidents as
a means of controlling the media. This has
led to self-censorship in the media, and
the media have refrained from airing critical debates to avoid a situation similar to
Radio Television des Millies Collines
(RTLM). RTLM incited the Hutu genocide in 1994. Most radio stations now
focus on commercial, religious, education,
and AIDS awareness programmes, thus
creating a vacuum for political dissents.
The Kigali government promised to
uphold freedom of the press, but continues to harass the independent media. On
19 September, police arrested Bonaventure Bizumuremyi, editor of the weekly
Umuco at the border with Uganda and
questioned him. He was released the
same evening and he managed to distribute some copies of the newspaper. The
following day, police launched an operation in Kigali to recover some of the
copies. According to Reuters, police spokesman Theo Badege said they confiscated some copies of Umuco because it contained “harmful stories based on rumours
and sensationalism.” Local media reports
also stated that the confiscated edition
carried articles highly critical of the government, and Bizumuremyi received
threats from anonymous phone callers.
In August, Bizumuremyi was twice held
for questioning following an article on
police corruption and another piece that
appealed for the release of Pasteur Bizimungu.
Before these events, on 7 September,
government officials arrested Jean Léonard Rugambage, a reporter for the same
newspaper. Reportedly, Rugambage accused judges of a traditional court in Rwanda of corruption. He has been held in the
central town of Gitarama without charge
since his arrest. Local journalists said he
was not given any reasons for his arrest,
but believes it was linked to his work.
Rugambage allegedly accused the judges
of using the traditional justice system for
personal gain and for the settling of political scores. Based in the capital Kigali,
Umuco publishes mainly in the local
Kinyarwanda language, and has become
increasingly critical of the government.
According to local sources, Rugambage’s 25 August article in Umuco accused
traditional “gachacha” court officials in
the Gitarama region of mismanagement
and witness tampering. The “gachacha”
courts, in which suspects are judged by
their peers with no recourse to a defence
lawyer, were set up to try tens of thousands of genocide suspects who have been
languishing in overcrowded jails since the
1994 genocide. Human rights organizations and political observers are concerned that this system of dispensing justice might encourage false accusations.
On 23 November, the “gachacha”
court adjourned Rugambage’s trial for
alleged participation in the 1994 murder
of a local banker. Although international
appeals for his release intensified in
November, the court said he must first
serve his sentence for contempt. Rugambage claimed that the presiding “gachacha” judge instigated his arrest on the
same accusation in 1996, but a judicial
court later acquitted him. According to
three sources who attended the court
hearing, the judge refused to consider
evidence from the 1996 case or hear testimony from witnesses in his defence.
However, some human
rights groups believe that
the “case is political”
since, “no prior investigation appears to have been
carried out by the judicial
authorities”
In November 2004, Umuseso’s current
editor, Charles Kabonero, narrowly escaped a four-year prison sentence and an
exorbitant fine for a libel suit brought
against him by parliamentary Deputy
Speaker Denis Polisi. A court acquitted
Kabonero of “sowing division,” but
found him guilty of “libel and attacking
the dignity of a high official.” However,
he was sentenced to pay a symbolic fine
of approximately 13 euros in damages.
Polisi who was angered by Kabonero’s
article in the 1-7 August issue titled,
“Who really rules, Kagame or Polisi?” appealed against the verdict. Tharcisse Semana, another reporter with Umuseso fled
the country to Uganda on 26 August
2004 after being repeatedly followed and
harassed.
On 11 September, a “gachacha” court
in Kigali brought charges against Belgian
priest Guy Theunis for “inciting ethnic
hate” before the genocide and “negationism,” or denying that the genocide ever
took place in Rwanda. Aged 60, Theunis,
a Belgian missionary priest was editor of
Dialogue, a Rwandan magazine. He was
arrested on 6 September during a stopover in Kigali airport on his way to Belgium after attending a peace and reconciliation seminar in the eastern part of
the DRC. He is alleged to have incited
2005
51
Senegal
S
Volunteers pass bones along a line of people, 6 April 2005, to put the remains
of 1994 genocide victims inside the memorial site of Nyakizu, south Rwanda.
(AP Photo/Riccardo Gangale)
hate and ethnic divisions by quoting passages from the extremist newspaper Kangura. Theunis said his sole reason for
quoting Kangura was to express disapproval of hate and intolerance and to alert
his readers.
On 4 October, the Rwandan authorities agreed to transfer responsibility for
carrying out the judicial investigation
against Theunis to Belgium at the latter’s
request. On 20 November, Father Theunis returned to Belgium under an accord
between Rwanda and Belgium under
which the Belgian judicial authorities
would investigate the above charges
brought against him in Rwanda. However, some human rights groups believe
that the “case is political” since, “no prior
investigation appears to have been carried
out by the judicial authorities.
It seems that the Rwandan prosecutor’s office signed an arrest warrant under
pressure from certain leaders of the ruling
Rwandan Patriotic Front (FPR), some of
whom testified against Father Theunis
during his appearance before the popular
tribunal,” said an RSF statement. Charges against Theunis were compiled in a
hurry by some officials who reportedly
took advantage of his brief stopover in
Rwanda in “order to settle personal scores
or to exact revenge for his stand on religious issues and his criticism of human
rights violations by the ruling Rwandan
FPR,” said RSF.
Meanwhile, two Radio Rwanda journalists, Dominique Makeli and Tatiana
Mukakibibi, have been held in prison since 1994. Kigali state prosecutor Sylvaire
Gatambiye said Makeli was accused of
inciting genocide in his reports in Kibeho, in the west of the country, in May
1994. Mukakibibi, a former producer
and presenter of music and entertainment programmes at Radio Rwanda visited Cyangugu, in the east of the country
when the genocide began on 6 April
1994. She sought refuge with other journalists in Bukavu, in DRC, on 4 July, and
returned to Rwanda on 10 August, to
Kapgayi, near Gitamara, where she worked with Abbot André Sibomana, former
editor of Kinyamateka. Police detained
her at her home in Ntenyo (Gitarama) in
early October 1996 and took her to the
local prison where she is still been held in
deplorable conditions. Mukakibibi was
accused of arranging the murder of Eugène Bwanamudogo, a Tutsi who made
radio programmes for the agriculture ministry. Reportedly, Bwanamudogo’s brother told RSF sources that Bwanamudogo was killed during the first week of
the genocide by soldiers, while MukakiG
bibi was said to be in Cyangugu.
enegal is a vibrant democracy. The
country enjoys a healthy and diverse
press climate, and it is said to be one of
the strongest on the continent. Senegal
has many private, independent publications and several private and community
radios. However, when it comes to television, only entertainment channels are allowed to be operated privately. The state
owns and controls the only national television station, which generally broadcasts
a positive view on government policy.
Foreign satellite television and radio stations are available though.
But there are still problems regarding
press freedom. Notably, Article 80 of the
penal code provides for three-to-five-year
prison sentences for acts compromising
public security. Moreover, journalists are
still jailed and harassed for their reporting, even though President Abdoulaye
Wade has said he will remove Article 80
of the Penal Code and criminal sanctions
for press offences. So far, however, little
has been done.
Reportedly, the caliph
said he intended to
“preserve the holy city
from occult practices
contrary to Islam”
On 30 September, three radio stations
were closed down in the Muslim holy city
of Touba, centre of the Senegalese Muslim community known as the mourides.
The mourides is a traditional Islamic brotherhood with a strong political influence
in many parts of Senegal. There is no legal obligation to follow the orders of the
spiritual leader known as the caliph, but
his words carry great weight.
The call for closure came from chief
caliph Serigne Saliou Mbacké who transmitted a recorded statement broadcast
over local radio stations ordering all three
Touba-based FM stations to close down
within three days. The private station
Disso, the local branch of state-owned
Radio Télévision Sénégalaise (RTS), and
the community radio station Hizbut Tarqiyah went off the air, according to CPJ.
Reportedly, the caliph said he intended to
“preserve the holy city from occult practices contrary to Islam.”
52
2005
Seychelles
F
U.S. Secretary of State Condoleezza
Rice delivers a speech at the forum
on African Growth and Opportunity
Act in Dakar, Senegal on 20 July 2005.
(AP Photo/Schalk van Zuydam)
Disso was the first independent commercial radio station operating in Touba.
It broadcasts news and discussion programs, something commentators believe
may be the reason behind the shutdown.
“This unilateral decision to bar radio stations from broadcasting in Touba is deeply troubling,” said Ann Cooper, CPJ’s
executive director. “Senegalese authorities
must ensure that journalists are free to
repor t and comment on the ne ws
throughout the country without fear of
reprisal.”
On 17 October, police raided and shut
down affiliates of the Sud FM radio station throughout the country, arresting
employees as well in the crackdown. The
raid started with the forced closure of the
Sud FM’s Dakar station’s offices. RSF
also reported that a news crew with
broadcaster TV5 covering the raid in Dakar were arrested by police, but released
shortly thereafter.
There were no charges brought against
the station before the raid. However, Interior Minister Ousamane Ngom said in
an interview with Salif Sadio, a leader of
the rebel Casamance independence movement, broadcast on the station’s many
affiliates breached national security.
The station was asked to hand over
the tapes containing the interview but refused to do so. Only hours later, police
appeared at the station’s offices. Sud FM
is an independent radio station boasting
one of the highest listenerships in the
country. It belongs to the privately owned Sud Communication group and has
broadcast since 1994.
Authorities also banned distribution
of the Sud-Quotidien, a newspaper from
the same media group as the radio station, which carried a print version of the
interview. The station eventually went
back on air later the same day, following
protests by local journalists and politicians. According to CPJ sources, some of
the journalists detained by police are likely to be charged. Among those detained
and then released was Sud-FM’s director in the Casamance capital Ziguinchor, Ibrahima Gasama, who interviewG
ed Sadio.
reedom of speech is protected by the
constitution, but not always in practise in the Seychelles. The country has
laws for the protection of the reputation,
rights, and privacy of citizens, as well as
the “interest of defence, public safety,
public order, public morality, or public
health” – that impinge on the constitutional right to report freely. Journalists
facing lawsuits, although not criminal,
can be confronted with hefty fines if
found in breach of one of these laws.
Civil libel lawsuits have been used in the
past against independent media outlets.
The government also operates the
country’s only major daily newspaper,
The Nation. The main private alternative,
the Regar, has been taken to court on
numerous occasions in the past, although
there was no such incidents reported this
year. Private media outlets do criticise the
sitting government but it does so in a language tainted by self-censorship. The
main media consumed by the public are
broadcasters, which is virtually monopolised by the state, and coverage is generally favourable. High licensing fees have
discouraged the development of privately
owned broadcast media.
This is an attempt to censor
us that clearly had a political motive. The newspaper
was threatened recently and
we have informed the police
about our suspicions
On 8 December, opposition weekly
Regar had its printing press seriously
damaged in an arson attack. A piece of
cloth soaked in kerosene was found after
the fire had been put out. Managing editor Roger Mancienne said the printing
press would be operational again after
they obtained replacements for the damaged parts. The arson attack came amid
mounting tension in the run-up to presidential elections in early 2006. Mancienne told RSF, “This is an attempt to censor us that clearly had a political motive.
The newspaper was threatened recently
and we have informed the police about
our suspicions.”
In April, Wavel Ramkalawan, leader of
the opposition Seychelles National Party
(SNP), sent an open letter to incumbent
President James Michel. In the letter, he
2005
53
Sierra Leone
stated his concerns about the democratic
process in the country and called for fair
conditions for all political parties for next
year’s election. Ramkalawan pointed out
opposition access to state radio and television as a main problem, together with
unfavourable conditions regarding the
opposition’s ability to organise public
meetings.
The country’s infrastructure was struck
by the Tsunami, and, in January, Australia announced it will provide US$500,000
to a UN Flash Appeal to help the Seychelles recover from the catastrophe. The
contribution to the UN Office for the
Coordination of Humanitarian Affairs
Flash Appeal will be used to provide shelter for families, rebuild infrastructure and
help with general economic recovery.
While technological advancements
have been made, the country still has a
large digital divide among its population.
Last year, the president launched an ambitious ICT training plan to come to
terms with this divide.
The ministry of education is currently
working with a programme aimed at introducing computers as a training tool
for younger children, even though critics
say this initiative does not help those kids
that do not attend school or who are taking courses at the various local IT training centres.
Seychelles Broadcasting Corporation
TV news anchor Kevin Malbrooke said
the media should fill the gap. “In the
meantime, our lives grow more and more
digital, and we need journalists who can
keep up with, and do justice to, this
epochal story in all its facets – scientific,
economic, policy, legal, human interest,
cultural and developmental, to list just
some” said Malbrooke.
In February the public service broadcaster waived its subscription fee for
online feeds of radio and television services as a way to attract consumers to what
is normally a paid service. The Web site
offers an extensive archive of on-demand
audio files of SBC Radio news and other
G
programmes.
Death Watch
Country (1)
By Issa Mansaray
A
fter eleven years of war, Sierra Leone
remains a country with a major
problem in dealing with its media. As the
United Nations Peacekeeping Forces
pull out, security remains a source of concern for journalists, especially in the capital Freetown where government officials
frequently raid media houses at will.
Freedom of the press has never been respected by Sierra Leonean authorities.
Sadly, some of the media houses have
become the mouthpieces for corrupt government officials, and openly launch attacks on other journalists and newspapers
that refuse to follow the official line.
Sierra Leone lost about 16 journalists
during the war and the government has
done little to investigate the deaths. Instead, the ruling Sierra Leone People’s Party (SLPP) clings to the infamous 1965
Public Order Act that criminalises libel.
In a country where the wheels of power
used to be greased by money, journalists
continue to face attacks both from government and the business elite for reporting about corruption in high office. In
2001, President Ahmad Tejan Kabbah’s
government created the Anti-Corruption
Commission (ACC) to investigate corrupt practices, especially in government
offices; instead, however, the ACC focused on journalists reporting about corruption.
On 14 January, detectives from the
ACC raided the offices of the Standard
Times in Freetown. The office was closed
for a day as detectives searched the premises looking for documents they believed
had been bought by one of the reporters,
Unisa Bangura. No documents where
found in the office, but the ACC officials
detained the newspaper’s editor Philip
Neville and Bangura, and searched their
homes. Neville was released after spending several hours in detention, while
Bangura stayed in custody overnight and
was released without charge. The Standard Times reported that the ACC gave
no explanation for the search and detention of the journalists.
On 11 February, Olu Gordon, editor
of The Peep newspaper was summoned to
the Criminal Investigation Department
(CID). Gordon was held in connection
with an article that appeared in his satirical newspaper questioning why Marine
Minister Ibrahim Okere Adams had not
been sacked after he was indicted by the
ACC. Prior to Adams’ case, two other
ministers were promptly dismissed after
being indicted by the ACC. However,
Adams who is regarded as President Kabbah’s “most reliable northern ally,” was
briefly summoned to the ACC office and
released without charge.
The Peep article merely responded to a
State House press release defending the
government’s position to retain Adams
even after being indicted by the ACC.
The Peep wrote, “the release is seen as a
personal endorsement by Kabbah of the
most corrupt minister of his cabinet.”
Gordon was held for three days and
charged with “seditious libel,” which is
considered a criminal offence in Sierra
Leone. A few hours before he was due to
appear in court; he was taken to the
Attorney General’s office where he was
informed that charges against him were
being dropped. He was released on the
morning of 14 February. This is an indication of the murky side of the judicial
system in the country, where journalists
are charged and tried at the discretion of
the authorities.
Gordon was held for
three days and charged with
“seditious libel,” which
is considered a criminal
offence in Sierra Leone
On 24 May, Sydney Pratt and Dennis
Jones, managing editor and reporter respectively of The Trumpet, were arrested
and held at the CID where they were
charged with “seditious libel” under the
country’s 1965 Public Order Act. In an
interview with IPI, Pratt said their charges stemmed from an article published in
The Trumpet titled, “Kabbah Mad over
Carew Bribe Scandal.” According to The
Trumpet article, the President was angered by earlier reports alleging that Attorney General and Justice Minister Fredrick Carew had accepted bribes. Pratt said
both journalists were forced to appear
before Magistrate Sam Margai of Court
No. 1 in Freetown and were released on
54
bail of approximately US$160, and the
word of two guarantors. They were acquitted on July on the grounds that The
Trumpet retract its story after consultation with legal representatives.
An indication of the government’s
own view of the media may be seen in the
comments on the subject by Peter C.
Andersen, Deputy Chief of Press, Public
Affairs and Registry Spokesman. Andersen said, “The press here [in Sierra Leone] is, in large measure, completely irresponsible. Some of the newspapers are little more than instruments of extortion,
threatening to ‘expose’ a person unless he
pays up.” Responding to the comments,
Pratt said, “It is completely baseless,” because it is “a view put forward by politicians who marginalize the press and their
secretaries who try to protect their bosses
by prevaricating reporters.” According to
Pratt, The Trumpet only retracted its story
on a “technical point,” because of the
“source’s refusal to support” them in
court. Another journalist added, “Government wants to take advantage of the
ignorance of the citizenry on the real issues involved to distort the facts and portray journalists as the bad guys.”
They were acquitted
in July on the grounds that
The Trumpet retract its
story after consultation with
legal representatives
Around the same time, the government created the Independent Media
Commission (IMC), and urged journalist
to reveal their sources to authorities. The
Commission is still trying to gain credibility. Currently, only one journalist in
the IMC represents the country’s media.
Politicians in Sierra Leone revel in power,
and the media is seen as an impediment
to their activities; as a result, many want
stringent media laws.
President Kabbah announced his support to repeal the seditious criminal libel
laws in Sierra Leone. However, many
journalists argued that they have yet to be
convinced that the government is serious
about repealing the laws. They argue that
the authorities lack the political will and
commitment. Some journalists questioned the president’s sincerity and pointed to
Paul Kamara who languished in prison
despite persistent and worldwide appeals
and protests. There was also speculation
that the government wanted to use the
dialogue to improve its image with the
media both at home and abroad.
Government wants to take
advantage of the ignorance
of the citizenry on the real
issues involved to distort
the facts and portray journalists as the bad guys
Despite the government’s desire to
rescind the “seditious libel law,” it was also actively pushing to introduce a more
restrictive measure than the seditious
criminal libel itself: the measure was described as a “press insurance.” According
to an IPI source in Freetown, the “press
insurance” law has “the potential to close
down all the independent and critical
media, newspapers in particular, within a
month.” “In all of this, government wants
to ride on the backs of unsuspecting journalists and civil society to release the heat
on the seditious criminal libel and direct
it at the press insurance. Government
should demonstrate its sincerity now by
releasing Paul and charging to court Fatmata Hassan,” the source said.
On 5 October 2004, Paul Kamara,
founder and editor of the independent
newspaper For Di People was convicted of
two counts of “seditious libel” for articles
criticising President Kabbah under the
1965 Public Order Act. The president
sued Kamara over an article carried in the
3 October 2003 issue headlined, “Speaker of Parliament challenge! Kabbah is a
true convict!” The article also stated that
Kabbah is constitutionally unfit to hold
office according to a 1967 Commission
of Inquiry report that implicated Kabbah
in embezzlement of public funds. Kamara’s lawyer, J.O.D. Cole, filed an appeal
with the Appeals Court on 22 October,
2004, seeking to have the conviction
overturned and several requests for bail
pending the appeal were turned down
despite many protestations by human
rights and press freedom organizations.
After spending more than a year at
Pademba Prison, Kamara was released on
29 November. After his release, Kamara
told IPI, “I am happy that I have been
acquitted at long last. This is a victory for
2005
press freedom.” A three-judge Appeals
Court in Freetown ruled that the first trial judge, Justice A. Bankole Raschid had
erred, and that Kamara’s action did not
amount to sedition. Kamara was surprised by the ruling, which “restored [my]
confidence that all is not lost with the
judiciary and [the] rule of law” in Sierra
Leone. Despite the relative calm after 11
years of carnage, freedom of expression in
the country is still very uncertain.
By mid-July, government officials started confronting the independent media,
and, on occasions, this was supported by
a brutal police force operating with complete impunity. All newspapers offices
were evicted from No. 1 Short Street by
Member of Parliament Fatmata Hassan
Komeh. Komeh, a member of the ruling
Sierra Leone Peoples’ Party (SLPP), took
custody of the building after the death
of her husband. In trying to enforce the
eviction from her premises, Fatmata Komeh went to 1 Short Street on 10 May:
the offices of For Di People newspaper.
An argument erupted between Komeh’s
children and For Di People staff. Harry
Yansaneh who was in charge of For Di
People after Kamara’s imprisonment was
beaten in his office by a group of allegedly hired thugs and family members of
Komeh.
Politicians in Sierra
Leone revel in power, and
the media is seen as an
impediment to their activities; as a result, many want
stringent media laws
Komeh is also a newly appointed
member of the Parliament of the Economic Community of West African States
(ECOWAS). During the altercation, the
group reportedly threatened to kill Yansaneh. They also vandalized the equipment of For Di People when they sought
to forcibly evict the newspaper from the
office it had occupied for the last eighteen years. These attacks reportedly took
place because of For Di People’s criticism
of the government.
On 11 May, Yansaneh received medical treatment from the police doctor, but
his health deteriorated a few weeks afterwards. In early June, he was admitted for
eight days to the Cupid Hospital, in Free-
2005
55
Somalia
town, and again on 18 July. He died on
Wednesday 27 July, two months after
being brutally beaten by the Komehs.
Although the official report on the reason
for his death has not yet been made public, Harry Yansaneh reportedly died of
kidney problems, probably due to complications from injuries sustained from
his beating.
After his assault, Yansaneh made a formal report to the Central Police Station
in Freetown, and about a week after these
events, SLAJ made a formal complaint to
the Ombudsman of Sierra Leone, Francis
Gabidon, who referred the matter to the
Speaker of Parliament for speedy investigation and appropriate action. However,
both the police and the authorities failed
to take the necessary actions, although according to laws of Sierra Leone, the matter should have been brought to Court.
On 1 August, Fatmata Hassan was invited by the CID to make a statement on
the circumstances surrounding Yansaneh’s death, after which she was given
police bail. According to the Law Officers Act of 1965, section 2 subsection 9,
the Police had to inform the Attorney
General before inviting the Parliamentarian for questioning. An inquest found
that the attack contributed to his death,
and the magistrate ordered Mrs. Komeh’s
arrest and two others Olu Campbell, and
Reginald Bull. However, they were
released on bail after a brief detention.
Their release caused outcry both inside
and outside the country, particularly after
the authorities changed the judge presiding over the inquest.
These attacks reportedly
took place because of
For Di People’s criticism
of the government
Government officials guilty of harassing journalists continue to enjoy impunity under the protection of a powerful and
authoritarian justice minister. After the
attack on Yansaneh, Komeh’s two sons
Bai Bureh and Mohamed, returned to the
United Kingdom, where they are permanent residents. To date, Komeh’s children
have still not been extradited to face justice in Sierra Leone and the authorities
continue to politicize Yansaneh’s death.
On 12 September, a traditional chief
in Kakua, in the southern district of Bo
threatened radio journalist Kelvin Newstead who works for Kiss 104 FM. Bo district Paramount Chief Rasid Kamanda
Bongay, and other Kakua tribal elders
threatened to close the radio station and
banish him from the region for criticising
the ruling SLPP’s convention held in Bo.
Under the 1965 POA law that SLAJ
has been seeking to repeal, the law punishes defamation and extends guilt for the
“crime” to cover not just journalists but
also printers and the sellers of publications. Before his imprisonment, Paul Kamara had also worked hard to get the law
repealed, but after the verdict against him
was announced, the president’s office put
out an ecstatic statement; expressing satisfaction that justice had been done.
Their release caused
outcry both inside and outside the country, particularly after the authorities
changed the judge presiding
over the inquest
A few days earlier, Justice Minister Carew alluded to Kamara’s plight when he
issued an arrest warrant and gave a threatening lecture to Chernoh Ojukwu Sesay,
managing editor of The Pool Newspaper.
Justice Carew was furious about an article
in The Pool’s, 1 October issue, headlined,
“Carew plans to kill three orphans.” Citing documentary evidence, The Pool said
that at a time when he was a practicing
lawyer, Carew had attempted to dispossess three orphans for the benefit of one
of his clients. The same day, Sesay received a phone call ordering him to present himself at the minister’s office.
Sesay was ushered into the presence of
the Prosecutor-General, Brima Kebbie, a
lawyer and a secretary. He said that the
minister then accused him of having
committed an offence and launched into
a threatening tirade. He said, “If journalists continue to act irresponsibly and to
ignore the 1965 law on defamation I will
make sure that it is applied and that you
will quickly rejoin Paul Kamara in prison. As long as I am minister of justice, I
will not hesitate to jail journalists who
break the law. Do you understand?” G
Death Watch
Country (2)
S
omalia has a deeply troubled past, as
do many nations on the continent.
Moreover, the lack of a central government after the collapse of the Siad Barre
regime in 1991 has made it an especially dangerous place for journalists. The
nation is divided between rival faction
leaders, and ravaged by internal dispute.
Somalia’s charter provides for press
freedom, but this is a right restricted in
practice.
When a new federal parliament and
prime minister was introduced, calls for
greater press freedom were raised. However, the transitional government began
its work in 2004 by enacting a new press
law that forces media outlets to register
with the attorney general’s office. It also
criminalizes defamation of public officials, and imposes steep penalties on the
publication of military secrets.
The country has a vibrant independent media landscape, including some 20
privately owned newspapers and a dozen
radio and television stations. These, however, are often linked to one faction or
another, something that influences their
news reporting. Because the central state
is so weak, many media outlets need protection from one of the country’s many
clans. The political instability of the
country has greatly added to the poor
working climate for journalists. Reports
of harassment, threats and violence
against journalists are common. Bribery
and corruption also remain a problem
because of the very low rates of pay for
most journalists.
In the country’s two self-declared autonomous regions, Puntland and Somaliland, the situation is even worse for journalists. This is particularly true when it
comes to coverage of politics and security
issues. Puntland officials have been
known to exert pressure on radio stations
in the region to avoid coverage of controversial political issues such as whether
neighbouring states should be allowed to
send peacekeeping troops to Somalia.
On 28 November, Internet reporter
Ahmed Mohammed Aden was taken captive by a faction known as the Jubba Valley Alliance after he posted a story claiming the faction has been importing arms
56
Colleagues of BBC producer Kate Peyton appear overcome with
emotion at Wilson Airport Kenya, 10 February 2005, in Nairobi,
Kenya, as her coffin arrives from Mogadishu, Somalia.
(AP Photo/Khalil Senosi)
in violation of the 2004 peace agreement.
The faction accused Aden of posting “false information” in an article on the Gedonet online Web site.
On 27 September, authorities in the
Puntland city of Bossasso arrested STN
radio editor Awale Jama Salad in connection with his reporting on prison conditions in the region. His reporting was
based on experiences from a previous
detention in Bossasso central prison for
nearly two weeks in July when Salad was
detained without charge together with
Sheekh Aduun, director of the local radio
affiliate of the private STN network, and
STN reporter Mohamed Ilke Ase. Those
arrests came after the station had reported on the mayoral campaign in Bossasso.
All were later freed without charge.
On this occasion, the arrest of Awale
Jama came after he broadcast stories in
July concerning his previous imprisonment at the Bossasso prison. The broadcasts were also picked up by local newspapers. Salad alleged that officials at Bossasso prison were taking bribes to free
prisoners, and that conditions in the jail
were so poor that they caused the spread
of disease. Salad now stands accused of
defamation and publishing false information, even though he was not officially
charged when arrested. In October, the
journalist went into hiding after police
raided his home.
On 6 September, RSF reported on a
number of threats against its partner organisation in Somalia, the National Union of Somali Journalists (NUSOJ, for-
2005
The coffin of BBC producer Kate Peyton is unloaded by colleagues
at Wilson Airport Kenya on 10 February 2005, after it arrived from
Mogadishu, Somalia.
(AP Phorto/Khalil Senosi)
merly SOJON) during its annual general
assembly in Mogadishu from 29 to 31
August.
NUSOJ leaders received anonymous
death threats; among those receiving the
threats were Secretary-General Omar Faruk Osman and Council Chairman Mohamed Barre Haji. Both received anonymous calls on NUSOJ lines or on their mobile phones warning that they would be
killed “immediately” or “within 48 hours.”
Both received anonymous
calls on NUSOJ lines
or on their mobile phones
warning that they would
be killed “immediately” or
“within 48 hours”
Before the general assembly, a Toyota
pickup with a dozen heavily armed men
aboard routinely passed in front of the
NUSOJ office in the Waberi district,
RSF reported. The pickup, which was
equipped with an anti-aircraft gun, finally withdrew and no shots were fired. The
next day, four hooded militiamen with
AK-47 assault rifles forced their way into
the home of a member of NUSOJ’s executive committee.
On 9 August, Abdullahi Kulmiye
Adow, a reporter for the Mogadishu-based independent radio station HornAfrik, who had been jailed for five days in
Jowhar was released without charge.
However, after he was released he was ex-
pelled from the town and told not to
come back. Militia loyal to local faction
leader Mohamed Dhere had detained
Kulmiye Adow since 2 August. He was
arrested after having filed reports alleging
that officials of the Transitional Federal
Government (TFG) had taken over
school buildings in the city for their operations, preventing a large number of students from entering the schools. According to CPJ, local journalists said that
Jowhar-based TFG leaders have accused
HornAfrik of being too sympathetic to
dissident TFG leaders based in Mogadishu.
On 5 July, Abdi Farah Nur, an editor
with the independent newspaper Shacab
was released after having spent more than
two weeks in jail in Puntland, CPJ reported. The newspaper, however, remains
under government suspension. Police in
Garowe arrested Farah on 19 June after
he tried to resume publication of Shacab,
which Puntland authorities had ordered
suspended in May. The newspaper was
suspended for an undetermined period
after it had published articles that the
authorities claimed could lead to unrest.
The authorities did not specify which articles they deemed dangerous.
The newspaper faced government action earlier this year as well. In April, Farah, together with a reporter at the newspaper, was detained, tried, and acquitted
on charges of incitement and insulting
the president after the newspaper published an article containing criticism
against the authorities. Farah told CPJ
2005
57
South Africa
that official harassment of the newspaper
has been ongoing ever since their release
on 24 April. Government officials have
made several visits, raising questions
about the newspaper’s license and demanding payment of “taxes.”
On 6 June, CPJ reported that Duniya
Muhyadin Nur, a radio journalist, was
shot and killed while covering a protest in
the city of Afgoye. Muhyadin was working for the Mogadishu-based radio station Capital Voice, owned by the HornAfrik media company. The murder took
place at a driver’s blockade on the Mogadishu-Afgoye road in which drivers were
protesting the proliferation of militia
roadblocks. As they were attempting to
stop private traffic, a gunman fired into
the back of Muhyadin’s taxi. The gunman
was later identified as the co-worker and
passenger of a protesting trucker.
On 26 May, CPJ reported that Abdallah Nurdin Ahmad, a well-known journalist was wounded in a shooting incident in Mogadishu. An unidentified gunman fired three times at Nurdin Ahmad,
at close range. Nurdin, a senior producer
at HornAfrik, underwent surgery at Medina Hospital. Ali Iman Sharmake,
HornAfrik’s co-manager, told CPJ it was
not clear why Nurdin was targeted, but it
could have been for his work as a journalist. Nurdin also owns a snack bar, and
some sources said a dispute over the business could have sparked the shooting.
The attack occurred at the snack bar.
On 5 March, journalist Abdirisak Ahmed Absuge was arrested in the district of
Jawhar by forces loyal to faction leader
Mohamed Dhere. CPJ also received information that Absuge may have been
tortured while in detention.
On 9 February, Kate Peyton, a BBC
journalist was killed. Unidentified gunmen shot Peyton outside her hotel in the
capital of Somalia. Peyton, a Johannesburg-based producer, was taken to the
Madina hospital in Mogadishu for an
operation to remove a bullet wound to
her back but later died of internal bleeding. “The fact that she was shot very close
to the journalists’ hotel in Mogadishu
suggests that the lawlessness that made
journalists prime targets in Somalia during the 1990s is far from finished,” said
Aidan White, IFJ General Secretary. G
S
outh Africa remains one of the better
countries on the continent to work as
a journalist. The media landscape is diverse and vibrant, and freedom of expression and the press is not only provided
for in the Constitution, but, in general, is
also respected in practise. A plethora of
privately published newspapers run articles highly critical of the government,
and provide a diverse range of opinions
and views. For most South Africans however, the main source of news is through
radio outlets, a majority of which are
owned and controlled by the state broadcaster, the South African Broadcasting
Corporation (SABC). However, a number of independent community radio stations operate throughout the country.
Internet access is unrestricted and growing rapidly, although many South Africans cannot afford the service fee.
Chauke is claiming
“compensation for injury
to his dignity, reputation
and good name”
The SABC also dominates the television market; the country’s only commercial television, e.tv, reaches under 40 per
cent of the population. In recent times,
the SABC has been accused of being biased in favour of the ruling party, the
African National Congress (ANC), even
though it is a public service outlet that
should be free of government interference. Among other things, the broadcaster has been accused of denying equal
access time to opposition politicians.
There are other issues as well, and
there were also media freedom violations
reported last year. Occasionally, journalists are threatened and harassed, and the
country retains a number of laws stemming from its apartheid-past, permitting
the authorities to restrict the publication
of information about the police, national
defence forces, prisons, and mental institutions and laws that compel journalists
to reveal sources.
In the beginning of the year, media
reported that The Developer, a local community-based newspaper based in Soweto, Johannesburg faced a defamation suit
initiated by businessman Eric Chauke.
Chauke is claiming “compensation for
injury to his dignity, reputation and good
name.” The case was brought in response
to a December 2004 issue of The Developer, in which the newspaper published
a report alleging that Chauke was arrested and appeared in court on allegations
of stealing chickens.
The Developer editor, Cheche Selepe,
told MISA-South Africa that he believes
his newspaper is innocent. “The threat is
the first of its kind since we were established in early 2004. It has put us under
a lot of stress, although we still stand by
our facts,” Selepe said.
The Anti-Censorship watchdog FXI
released its fifth progress report in midApril, setting out the necessary changes
needed for freedom of expression and the
media to improve in South Africa. FXI
said there was progress in some areas;
mainly relating to cases of the state’s use
of legal mechanisms to hinder the work
of social movements, as well as the unlawful use of force by police officers to
disperse peaceful gatherings and demonstrations.
Nevertheless, there are still worries
concerning the use of force by police and
the military in connection with public
demonstrations in townships. Among
other things, police have used rubber bullets to disperse protestors. FXI also expressed concern at “increasing censorship
against community media and particularly community newspapers, in several regions of the country.” Another area of
concern relates to the growing spectre of
censorship under the guise of protection
of intellectual property, particularly copyright and trademarks by big corporations.
On World Press Freedom Day, 3 May,
FXI released a statement expressing its
concern at the government’s threat to
introduce incitement legislation in response to the case known as the “Pelindaba radioactivity controversy.” The government announced that it may introduce legislation to make individuals and
organisations “speak responsibly” on sensitive matters, and to charge them with
incitement if they do not. The “Pelindaba
radioactivity controversy” relates to a
warning about excessively high levels of
radiation at Pelindaba nuclear facility
outside Tshwane, made by the Non-Governmental Organisation Earthlife Africa.
The government however, claims that the
NGO “was spreading panic through making false statements.”
58
2005
that date, police briefly arrested eight
picketers, in contradiction to the right
provided in the Regulation of Gatherings
Act. The campaign protested the company’s refusal to attend a People’s Forum on
Communication Rights. Telkom had
been invited to address high telecommunications tariffs and the poor rollout of
telephone lines in rural and poor communities.
The government however,
claims that the NGO “was
spreading panic through
making false statements”
Weekly Mail and Guardian (WM&G) journalist Motlatsi Lebea, reads a gagged
copy of the newspaper in the newsroom in Johannesburg, 27 May 2005.
(AP Photo/Nadine Hutton)
President Thabo Mbeki also termed
statements by the NGO “reckless,”
“without foundation” and “totally impermissible.” Incitement laws were used in
the past to silence the critics of the apartheid government, FXI noted and said “it
would be a sad day indeed for freedom of
expression if attempts were made to invoke such laws once again. Such laws will
inevitably be used to censor individuals,
organisations and the media who attempt
to raise pressing issues of public concern,
and will foreclose on the search for truth
in controversial matters through public
debate.”
On 13 May, it was reported that provincial government officials barred SABC
television journalists and a camera crew
from entering the Limpopo provincial
legislature. The journalists were there to
report on the Lebowakgomo government’s budget vote, but were reportedly
thrown out after refusing to leave their
cameras at the door.
In May, the newspaper, the Mail and
Guardian had a gag order placed on it by
the Johannesburg High Court. The gag
was to prevent the Mail and Guardian
from printing an article on the “Oilgate”
scandal. The article was meant to be a follow-up to an article already published,
alleging that the oil company Imvume
Management was used to channel money
from the state to the ANC party. The
Court based its decision on the refusal by
the newspaper to reveal its confidential
sources of information for the story, which
Imvume claimed were obtained illegally.
At the end of September, the newspaper
also had a subpoena directed at its online host, M-Web. The subpoena required the company to hand over records
relating to the online publication of an
excerpt of an Imvume Management bank
statement, as part of the “Oilgate” story.
FXI also expressed concern
at “increasing censorship
against community media
and particularly community
newspapers”
On 12 September, the company Telkom once again called police to break up
a group of picketers from the Communications Rights Campaign that had gathered outside the company’s offices to protest. Telkom had also done this on 11
August, when it called police to break up
another picket held by the campaign. On
An under-reported event occurred in
the National Assembly in October 2005
when the Parliamentary Press Gallery’s
telephones and messenger services were
cut by the institution’s support divisional
manager after journalists had failed to
respond to his demand that they move to
offices in a building 150 metres from the
parliamentary building. This meant vacating offices the Press Gallery correspondents had occupied for 95 years and
which are only a few steps from the National Assembly debating chamber and
parliament’s lobbies and corridors. The
officials want the accommodation for
parliament’s expanding staff, but the
journalists say their ready access to MPs
and parliamentary business is hindered.
Gallery correspondents were furious at
the cuts and their protests resulted in
their services being restored after a few
days, but no one outside the gallery protested this blatant breach of media freedom. It also breaches the Constitutional
principles that “the state must respect,
protect, promote and fulfil the rights in
the Bill of Rights,” which include media
freedom. Some observers have interpreted the official’s conduct as an indication
that parliament regards the press as being
of little consequence since the constituency system of voting people to parliament
has been replaced by a proportional representation system. This results in party
leaders deciding who will represent the
party in parliament. MPs now have to
please the party bosses and not their constituents.
In October, more than 30 editors from
African countries meeting outside Johannesburg, South Africa, formed The Africa
2005
59
Swaziland
Editors’ Forum – the first Continentwide media institution – dedicated to
promoting and defending media freedom
consistent with Article 19 of the Universal Declaration of Human Rights, scrutiny by the media of the exercise of political and economic power and the promotion of the highest professional standards
and ethics.
Among its objectives are: the lobbying
of African governments to ensure the
implementation of protocols and other
legal reforms to entrench media freedom;
to promote the common interests of senior editorial executives and foster solidarity among journalists; promote media
diversity and media freedom in statefunded broadcast and other media; and
to redress imbalances in journalism and
news organisations in Africa such as gender and race.
The forum was convened on the initiative of the SA National Editors’ Forum
after a founding conference in 2003. The
organisation made its first task the investigation of African news services and how
they can become more effective, as well as
the promotion of Africans in the reporting of African news.
Critics fear “he who pays
the piper calls the tune”
As the year ended, the Chief Justice
and other judges expressed alarm over
plans to amend the Constitution, which
would result in major changes in the judicial system if implemented. They accused the Justice Department of failing to
carry out proper consultation and were
shocked that publication of the proposed
legislation, and the time set for public
comment, coincided with the courts being in recess and the judges on holiday.
Chief Justice Pius Langa was told of the
legislation, which would reduce some of
his powers, three days before the discussion period expired.
One of the changes causing fears
about the separation of powers is the
transfer of the administration and the
budget of the courts from the Chief
Justice to the Minister of Justice. This is
being done on the grounds that the ministry has the managerial talent and the
judiciary would be freed to devote itself
to administering justice. Critics fear “he
who pays the piper calls the tune.”
South Africa has two “pinnacle
courts,” the Constitutional Court to deal
with constitutional matters and a Supreme Court of Appeal dealing with general
matters in addition to various specialist
courts such as the Labour Court. The
plan is to turn the Constitutional Court
into the apex court and give it powers to
deal with general matters and merge the
special courts into the Supreme Court
system. Judges believe the Constitutional
Court would have to be reconstituted to
take on this expanded role and change its
name.
Another provision relating to presidential appointments of acting judges
replaces a requirement that the Chief
Justice concur with merely the need for
him to be consulted. This is seen as a diminution of the Chief Justice’s powers. G
By Sarah Adler
T
he Kingdom of Swaziland, a small
country with a population of just
over one million, is a hereditary monarchy where the King rules by decree and
where freedom of the media is severely
circumscribed.
The government regulates almost all
radio and TV stations, although a few
media outlets such as a Christian radio
station, the private television station
Channel Swazi and a private daily operate outside state control.
On 7 April, in a meeting with editors
and owners of the Swazi media, MISASwaziland and several officials, Prime
Minister Absalom Themba Dlamini said
the media should give favourable coverage to King Mswati III. Qhawe Mamba,
the owner of the private television station
Channel Swazi, was not at the meeting.
On 29 July, the High Court of Swaziland cracked down on a newspaper for
writing an article that cast a senior official
in a bad light. The court ruled in favour
of Deputy Prime Minister Albert Shabangu in a lawsuit against the Times of Swaziland newspaper. Shabangu was fined
US$116,000, an extraordinarily high
fine. The court ruled that an article written by the late Times Sunday editor Vusi
Ginindza four years ago implying that
Shabangu was a member of the Ngwane
Liberator Congress (NNLC) was defamatory.
On 26 October, a Member
of Parliament, who was
appearing in court on fraud
charges, threatened Times
of Swaziland photojournalist Mkhulisi Magongo
with violence
The NNLC is a proscribed party in
Swaziland since political parties were prohibited by a 1973 decree.
In another case of suppression of the
press, the High Court ruled on 19 August that an article citing the involvement
of Myzo Magagula, chief executive officer
of the state-owned Swazi Observer newspaper, in a business deal that went sour
between Tibiyo TakaNgwane, head of the
Swazi Observer and Ahmed Latif, an
60
2005
Tanzania
Egyptian businessman, was defamatory.
The court ruling prohibited publication
of the article. The Times of Swaziland
Sunday appealed the ruling.
Government accusations also affected
media when Prime Minister Absalom
Themba Dlamini blamed the press on 16
September for sensationalism and false
reporting. In particular, he complained
of having been misquoted. The offending
article reported Dlamini had said that
money belonging to his company and
confiscated by police as evidence in a robbery case should be returned to him.
Dlamini denied having made these comments. He also said that this inaccuracy
was not an isolated case. According to
him, there had recently been a series of
sensationalist articles. In addition, Dlamini threatened to monitor the press.
The organisation MISA-Swaziland took
the threats seriously, claiming that it
could be the start of overt attempts to
censor media freedom.
The High Court of
Swaziland cracked down on
a newspaper for writing
an article that cast a senior
official in a bad light
In another incident, police stood by as
a journalist was harassed. On 16 October, Times of Swaziland sports journalist
Douglas Dlaminin was assaulted by a
soccer player for publishing a court report in which the player had been charged with drunk driving. What could have
escalated into a full-scale assault on the
journalist was prevented by the timely
intervention of other journalists and soccer officials. However, nearby police officers failed to take action.
Harassment occurred again when, on
26 October, a member of parliament,
who was appearing in court on fraud
charges, threatened Times of Swaziland
photojournalist Mkhulisi Magongo with
violence and prevented Magongo from
covering the proceedings.
However, in a case where a newspaper
resisted pressure against it, senior journalist Alec Lushaba from the Weekend Observer went ahead and published a story
on 17 September exposing alleged corruption in the dealings of lawyer Lindifa
Mamba and then Attorney General
Phesheya Dlamini. The report claimed
that Mamba had purchased a luxury vehicle from South Africa, and not declared
its full value to customs. He then sold the
vehicle to Dlamini under questionable
circumstances. Mamba was suspected of
transferring the vehicle to Dlamini as a
token of appreciation for previous dealings. Mamba had tried to stop publication of the story by intimidating Lushaba
and editor Wilton Mamba through verbal abuse and threats.
In addition, on a positive note, MISASwaziland, the editors’ forum and the
Swaziland National Association of Journalists are assisting the Swazi media in
developing a common code of ethical and
G
self-regulatory mechanisms.
F
rom the outside, things look fine in
Tanzania, and the country has a constitution that provides for freedom of
speech. However, this freedom is limited
by a number of laws that hamper the
media’s ability to function effectively. The
authorities can both register and ban
newspapers under the Newspaper Registration Act. The Broadcasting Services
Act regulates the working conditions for
the electronic media. The powerful National Security Act allows the government to control the flow of information
reaching the public. Furthermore, libel is
a criminal offense, and the threat of steep
and often politically motivated fines is
used to foster a climate of self-censorship.
Lack of access to government and public
information is another major problem for
the media, and government workers are
prohibited from disclosing official information to the media.
The island of Zanzibar – a semi-autonomous Tanzanian island – has even
more restrictive media policies: journalists must be licensed and the state tightly
controls the broadcast media. This year,
the government of Zanzibar invited private electronic and print media to operate in the isles in a bid to expand the coverage of economic, political and social issues. This step was seen as a move towards
a more open climate. In 2003, Zanzibar
became a state devoid of private media
when the government closed the only independent newspaper, Dira, alleging that
it had violated professional ethics and
fomented hatred between the government and its people.
Libel is a criminal offense,
and the threat of steep and
often politically motivated
fines is used to foster a
climate of self-censorship
Harassment of journalists is still a
problem, particularly in Zanzibar. Nevertheless, there are a number of independent media outlets that criticise official
policies, although the government occasionally pressures outlets to suppress unfavourable stories. Radio remains the major source of information for most of the
people, as is the case in many other African countries; but there are encouraging
signs for journalists in Tanzania and the
2005
61
Tanzania's new President Jakaya Mrisho Kikwete holds up a spear
and shield painted in Tanzania's national colors in the commericial
capital Dar es Salaam, 21 December 2005.
(AP Photo/Khalfan Said)
independent media is becoming stronger.
Few media violations were reported this
year.
On 10 September, the chief photographer for the Sunday Citizen newspaper,
Mpoki Bukuku, was assaulted and brutally beaten by a group of prison warders
and prisoners at Ukonga, Dar es Salaam.
Christopher Kidanka, information officer for the Legal and Human Rights Centre (LHC), was also beaten and injured in
the assault. Bukuku was at the scene to
cover the eviction of ten families from a
row of houses.
The house squatting has existed for
some 20 years and is part of an ongoing
legal dispute with the Prisons Department over ownership of the houses. On
14 September, Director of Criminal
Investigation Adadi Rajabu told journalists in Dar es Salaam that the committee
would conduct a thorough investigation
and prosecute any perpetrator in connection with the assaults. This initiative
stands in stark contrast to comments by
Home Affairs Minister Omar Ramadhan
Mapuri who declared the warders’ conduct “lawful.”
In June, CPJ reported that authorities
in Zanzibar banned political columnist
Jabir Idrissa from writing – claiming that
he worked without permission. Idrissa
told CPJ that he believes he was banned
for criticising the Zanzibar government.
Idrissa is a well-known political columnist for the weekly newspaper Rai, based
on the Tanzanian mainland, but distributed in Zanzibar. Idrissa´s columns had
been critical of the Zanzibar government,
touching on issues such as human rights
abuses and bad governance.
This initiative stands in
stark contrast to comments
by Home Affairs Minister
Omar Ramadhan Mapuri
who declared the warders’
conduct “lawful”
Zanzibar’s information ministry made
a public statement, saying that Idrissa
had been working illegally as a journalist
in Zanzibar and that he was being barred
from practicing journalism until he complied with the island’s regulations. Idrissa
told CPJ that he had a press card issued
by the union government of Tanzania in
Dar es Salaam, and that he did not believe it was necessary to have two press
cards. “We’re outraged at this blatant censorship of a critical journalist, and call on
Zanzibar authorities to allow Jabir Idrissa
to resume working immediately,” CPJ
Executive Director Ann Cooper said in a
comment.
On 2 December, the government released a statement through the Prime
Minister’s Office stating that opposition-aligned Kiswahili newspaper Tanzania Daima should be suspended for
three days. According to the statement,
the suspension was imposed under section 25 (1) of the Newspaper Act No. 3
of 1976. The statement also contained a
warning; that the penalty “would serve
as a lesson to other media institutions.”
The newspaper had published a picture
deemed offensive to President Benjamin
G
Mkapa.
62
2005
Togo
E
ven though the Constitution provides for freedom of speech and freedom of the press, media workers have
found their rights restricted. Togo’s only
significant television station, Television
Togolaise, and its only daily newspaper,
Togo-Presse are both government owned.
Some of the country’s private radio stations are also owned by the government
or associated with the ruling party, Rassemblement du Peuple Togolais (RPT).
The country has for a long time been
ruled by President Gnassingbe, who has
dominated politics and muzzled critics
for nearly 40 years. Gnassingbe also enjoyed the title of Africa’s longest serving
leader when he died this year. There have
been some democratic reforms under the
late president, aimed at getting the European Union to lift economic sanctions
imposed in 1993.
Five of the 22 democratic pledges
made by the government are related to
improving the climate for press freedom.
However, the law continues to include
serious penalties for journalists convicted
of defamation and insult; imprisonment
can still be imposed for several offences,
such as incitement for ethnic hatred and
incitement to commit a crime against the
state.
The crackdown was
an indication of worse
things to come in the
presidential elections
scheduled for April
After the president’s death at the beginning of February, the army made a
swift move to install one of his sons, Faure Gnassingbé, in defiance of the Constitution. The move led to growing unrest
in the capital. Parliament amended the
Constitution to legitimize the move, but
there has been a chorus of regional and
international protests. Those media outlets that denounced the succession process were immediately targeted by the
authorities who sought to stifle their
reporting.
Several radio stations and television
stations were closed on various pretexts,
ranging from “inciting revolt” to “tax reasons”. Even though all were allowed to resume broadcasting, the crackdown was
an indication of worse things to come in
the presidential elections scheduled for
April.
After the 24 April presidential election, numerous press freedom violations
were reported against the private media.
According to CPJ, journalists’ phone
lines were cut and Internet connections
worked only sporadically. In effect, telecommunications were virtually blocked
in the country.
When he made an
attempt to flee, a car with
six men arrived at the
scene and sprayed him with
an unidentified gas
The elections also proved to be dangerous for journalists trying to report on
the outcome. On 24 April, Thierry Tchukriel, a journalist with Rd’Autan radio
station, was detained and beaten by a
gang of soldiers. They also confiscated his
identity papers, including his press card.
Tchukriel was covering the vote counting
at an election office near the Lomé market when the attack took place.
The day after Tchukriel’s beating, on
25 April, La Paix radio station was ransacked and burnt to the ground in Atakpamé. The station, launched in 2002,
supported the government. After the
elections, the authorities shut down a
number of radio stations in Lomé, and
several reported their broadcasting signals
were scrambled. There were also reports
of radio stations having their offices raided and destroyed.
According to CPJ, Togo’s High Authority for Broadcasting and Communication (HAAC) suspended Radio Maria,
a Catholic radio station, and Radio Nostalgie, an independent broadcaster, for
one month starting on 25 April. The suspensions came in response to radio
broadcasts by the stations that reported
on a government-imposed citywide curfew in Lomé, something that proved to
be false. The broadcasts were corrected
but the stations were still shut down.
The HAAC also suspended the independent, Lomé-based Kanal FM for one
month. The station had been highly critical of the election campaign organised
by the presidential RPT party. The independent radio station Nana FM received
a number of threats and decided to sus-
pend its broadcasts. The station also had
its radio signal scrambled.
In addition, CPJ reported that members of the cabinet made public comments aimed at discrediting journalists.
Among them was the Foreign Minister,
Kokou Tozoun, who accused foreign
journalists of being responsible for deadly post-election violence. The HAAC also
imposed strict rules for the private media
on coverage of the election campaign.
Privately owned media were banned from
covering the campaign except for rallies
held by candidates. Coverage of all other
aspects of the campaign was restricted to
the state-owned media.
On 26 March, a television crew from
the state-owned television station TVT
was attacked and threatened during a rally by the opposition Union of Forces for
Change (UFC). When the team arrived
in their van, marked with the station logo, a group of youths approached them
and started to verbally abuse the journalists. Midway through the rally, the threats
turned physical, and the crew was
attacked by a group of youths who broke
the rear window of their vehicle and
threatened to kill them.
On 9 October, Jean-Baptiste Dzilan,
managing editor of the opposition weekly Forum de la Semaine, was severely beaten by a gang of unidentified individuals
in Lomé. The attack occurred after Dzilan, who was riding a motorcycle, was
stopped by two men on another motorcycle. After having pushed off Dzilan and
his co-rider, two more individuals joined
the attackers and started to beat the journalist with clubs. When he made an attempt to flee, a car with six men arrived
at the scene and sprayed him with an
unidentified gas, and tried to make him
swallow a liquid, which he managed to
spit out.
The attacker managed to take Dzilan’s
computer’s USB drive and mobile phone.
“Their intention was to eliminate me,
they were aiming their blows at my head,”
Dzikodo told Reporters Without Borders
(RSF), Forum de la Semaine has been very
critical of the current government. Dzilan is also the secretary-general of the Organisation of Independent Press Editors
(OREPI), and he has received death
threats in the past, and been detained on
a number of occasions under the previous
government.
2005
63
Uganda
On 25 March, Radio Victoire was allowed to resume broadcasting after a
three-year long ban that also included the
seizure of the station’s equipment. Radio
Victoire ceased broadcasting on 7 February 2002, following the seizure of its
transmission equipment by Interior Ministry officials. The station was accused
of ignoring an HAAC warning sent earlier to the station’s management.
On 27 August, the religious television
station TV Zion resumed broadcasting
after a 15-days long suspension. The HAAC had suspended the station after Luc
Kodjo Adjaho, the station’s director, had
failed to adhere to warnings he had received for allegedly threatening the managing editors of Forum de la semaine and
G
Tingo Tingo on air.
A
large part of this country’s population remains displaced by the war,
and ordinary Ugandans live in fear of
rebel attack. The rebels also use child soldiers to strengthen their fighting forces.
When taken together, this makes for a
dangerous country to work in as a journalist. The Ugandan constitution provides for freedom of expression, but the
government has enacted laws, in the
name of national security, that have created a culture of self-censorship.
Harassment of journalists is common
and there are statutes on the books requiring journalists to be licensed and to
meet certain standards. A sedition law
also remains in force. At the end of the
year, the arrest of a prominent opposition
leader sparked a government clampdown
on the press, making 2005 a bad year for
the media.
media outlets out of business when they
fail to meet payments for their operating
permits.
On 18 August, the Broadcasting
Council allowed the previously banned
radio station Radio KFM back on the air.
A trial against employees at the station
concerning sedition remains outstanding.
The incident involves journalist Andrew
Mwenda and the now dismissed Angelo
Izama, the then producer of Mwenda’s
radio programme. Mwenda, who was arrested on 12 August and released on bail
on 15 August, faces a five-year prison
sentence if convicted.
The case revolves around a 10 August
edition of Mwenda’s programme. During
the broadcast, Mwenda accused the
Ugandan government of safety failures in
connection with a fatal helicopter crash
that killed southern Sudanese leader John
Coverage of the ongoing fighting between rebel forces and the government is a
risky business. Journalists reporting on
the fighting face the risk of being labelled
“rebel collaborators” by the army. Officials often accuse journalists of “endangering national security in order to intimidate them and silence criticism of the
government’s handling of the war.
There is a free and independent press
including a large number of daily and
weekly newspapers as well as a growing
number of private radio and television
stations. High licensing fees, however,
limit entry to the market and often put
Garang. The helicopter, which belonged
to President Museveni, crashed on 30 July
as it was transporting Garang back to
Sudan from a meeting with the Ugandan
president. According to media reports,
Ugandan officials have threatened punitive action against news media speculating on the reasons behind the helicopter
crash. Payment of a fine and the dismissal
of Izama were the Broadcasting Council’s
conditions for allowing the station to
return to the airwaves.
During the broadcast, Mwenda also
described Ugandan President Museveni
as a “coward” and a “failure.” On the fol-
Executive Director of the Foundation for Human
Rights Initiative, Livingstone Ssewayana, left,
with Jemera Rona, right, a Researcher for Human
Rights Watch addressing journalists during a press
conference, 20 September 2005, at Hotel Africana
in Kampala.
(AP Photo/ Wandera wOuma)
64
2005
Zambia
lowing day, the authorities shut down the
station. After the programme, charges
were brought against Mwenda, accusing
him of seeking to “bring into hatred or
contempt or to excite disaffection”
against President Museveni. Museveni
has threatened to shut any news outlet
that “plays around with regional security,” a threat which Mwenda also criticised during his broadcast. “The Ugandan government’s targeting of Andrew
Mwenda, together with official threats
against the independent press, have cast a
deep chill over Uganda’s independent
media,” CPJ Executive Director Ann
Cooper said in a comment.
The government has
enacted laws, in the name
of national security,
that have created a culture
of self-censorship
On 18 January, Mohammed Abdullah
Ould Memmine, a special envoy for the
Arabic-language Iranian television news
station Al-Alam was arrested and detained. He was arrested when he tried to
enter Uganda from Kenya as part of his
coverage of an African tour by then Iranian President Mohammed Khatami.
Officials also took money from the journalist. Media organisations believe that
prejudice against Arabs may be the motivation for Ould Memmine’s arrest.
RSF spoke to Ould Memmine over
the phone after he was released. Ould
Memmine said that the customs officials
refused to allow him into Uganda and
stamped an entry ban in his passport.
After asking him for money, they searched his car and took some US$3,000
and 400 euros. Ould Memmine had to
spend the night in a small cell with common criminals.
On 14 November, opposition leader
Kizza Besigye was arrested. In the wake of
the arrest, several restrictions on media
freedom were reported. Besigye is a former presidential contender who went
into exile in South Africa after he lost the
2001 election. According to CPJ, the
government of Uganda “instructed journalists not to comment on or discuss Besigye’s upcoming trials on treason, terrorism and rape charges.” Besigye has denied
the charges, saying they are politically
motivated.
Private radio stations reported that
they had been threatened with closure if
they reported on the circumstances surrounding the arrest and the trial. Journalists were also barred from attending
Besigye’s court hearing in the capital
Kampala. In connection with the unstable climate following the arrest, staff with
the independent newspaper The Monitor
were harassed and the newspaper had a
print edition confiscated after it had
printed an ad for “The Kizza Besigye
Human Rights Fund” to assist the legal
defense of “political prisoners.”
Nine days after the arrest, Information
Minister James Nsaba Buturo threatened
to withdraw the licenses of media outlets
that commented on the charges against
Besigye. The minister said that such reporting could prejudice the court proceedings. Hours after the ban was announced, armed men surrounded the
studios of private station Radio Simba
who had invited opposition activist Muwanba Kivumbi for an interview. Kivumbi was arrested on his arrival at the radio
station.
Payment of a fine
and the dismissal of Izama
were the Broadcasting
Council’s conditions
for allowing the station to
return to the airwaves
The day after the arrest of Besigye, the
government also threatened to close The
Monitor after it had published a story
about Museveni’s first choice for army
chief. Conrad Nkutu, managing director
of the newspaper, told CPJ that the authorities had put pressure on the paper
through informal channels to fire the
afore-mentioned Mwenda, who wrote
the article. In the article, Mwenda alleged
that President Museveni had first offered
the job of army chief to his younger brother Salim Saleh, who declined. The president then chose another candidate, acG
cording to the article.
By Sarah Adler
A
fter allegations of corruption in
Zambian presidential elections in
1996 and 2001, President Levy Mwanawasa, who narrowly won the 2001 vote,
made the fight against corruption a central component of his government’s policy. The issue remains a key concern as
journalists, publishers and even newspaper vendors covering corruption cases are
harassed, censored or arrested.
Zambia’s legal system is also a problem. For instance, defaming the president
is a criminal offence and libel and security laws have been used to hinder press
freedom. Another impediment is that
most television and radio stations are
state-run. The few private radio stations
tend to focus on non-political topics.
Respect for media rights in Zambia
suffers both on the level of laws and in
the behaviour of individuals in positions
of authority. Rather than accepting the
media as a watchdog for the government,
entitled to expose fraud without fear of
harassment, the administration too often
clashes with journalists by reprimanding
the way they cover controversial cases.
In addition, journalists face physical
violence in the pursuit of their profession. In one example, on 7 April, armed
police in Nakonde district stormed the
house of Zambia Information Service
reporter Jonathan Mukuka and beat him.
They were apparently retaliating after
reports in the Zambia Daily Mail and a
Zambia National Broadcasting Corporation radio news programme accused
police in Nakonde of corruption and of
allowing murder suspects to go free without having been charged.
Mukuka hit one of the assailants and
managed to escape. He then hid in Tanzania for a week. Thinking that Mukuka
might be staying with a friend, police also
harassed this individual. Mukuka subsequently returned to Zambia after Northern Province Minister Clever Silavwe
promised to deal with the situation.
In another case, criticism of the government, which was broadcast on a radio
show, led to threats of a sedition investigation and apparently cost one journalist
his job.
The violation started on 14 June when
Lusaka police questioned Anthony Mukwita, a host of the Radio Phoenix “Let
the People Talk” programme. The ques-
2005
65
Zambians demonstrate with a mock coffin in Lusaka, 1 November 2005, to demand
electoral reforms ahead of next year's presidential and parliamentary polls.
(AP Photo)
tioning concerned a fax anonymously
sent and signed “Annoyed Zambians,”
which Mukwita read on air during the 10
June edition of the programme. The fax
accused the government of condoning
corruption and warned that it might result in a coup. Radio Phoenix is privately
owned. “Let the People Talk” is a popular
interactive discussion program on public
affairs.
The administration
too often clashes with
journalists by reprimanding them over controversial cases
The harassment continued when police on 22 June served Mukwita with a
warning, informing him that he was
under investigation for sedition according to section 57 of Zambia’s penal code.
Radio Phoenix then terminated Mukwita’s contract as of 16 June, citing his decision to read the controversial fax on the
programme, among other reasons. Mukwita believes that the termination of his
contract was prompted by threats from
the Zambian authorities.
From June to November, a series of
harassment cases related to The Post, the
only private newspaper in Zambia, led
the Media Institute of Southern Africa
(MISA) to express concern.
Vendors of The Post were attacked on
15 June by a group allegedly close to the
ruling Movement for Multiparty Democracy (MMD), some of whose members
were armed. Around 2,000 copies of the
15 June edition of the newspaper were
stolen. Members of the group claimed
that The Post’s coverage of a controversial
court case against Kawisha Bulaya, former permanent secretary in the Ministry
of Health, had included criticism of the
Mwanawasa administration.
The controversy centred on Bulaya,
who had been facing charges of embezzlement. When the Director of Public
Prosecutions (DPP) Chalwe Mchenga
dropped the charges in a nolle prosequi
decision, strong public objections and
accusations of constitutional abuse led
Minister of Justice and Attorney General
George Kunda to instruct Mchenga to
reopen the case.
In a case connected to government
disapproval of unfavourable remarks
about the president, The Post’s editor and
chief executive Fred M’membe received a
police summons on 29 June requesting
him to present himself at police headquarters after the newspaper published
several pieces critical of Mwanawasa.
The harassment of M’membe escalated as the year progressed. On 9 November, accompanied by lawyer Sam Mujuda
and Post managing editor Amos Malupenga, M’membe voluntarily surrendered
to authorities at the Kabwata police station. He was then charged with defamation of President Mwanawasa, an offence under section 69 of the Penal Code,
and detained in a police station in Lusaka. The following day, M’membe pleaded “not guilty” before a Lusaka magistrate
to the charge.
Criticism of the government, which was broadcast
on a radio show, led to
threats of a sedition investigation and apparently cost
one journalist his job
Not only direct criticism of the president provoked government ire, requests
from opposition leaders that seemingly
questioned the administration’s integrity
also led to the interference of the authorities. On 24 July, heavily armed police
officers stormed the premises of The Post,
and later Post reporters George Chella,
Nomusa Michelo and Stephen Bwalya
were summoned on 25 July to the police
66
2005
Zimbabwe
station. On arrival, they were questioned
for more than five hours concerning statements by Sata appearing in the newspaper’s 21 July edition. Sata, leader of the
opposition party Patriotic Front, faced
charges of espionage and sedition for allegedly inciting miners to strike and riot
in late July. In the published statements,
Sata demanded humane treatment while
in detention.
Other newspapers have also been affected by government interference. On
15 September, Whiney Mulobela, the
editor of the biweekly tabloid Monitor,
received a letter from the Ministry of Defence requesting a meeting with him related to an article published in the Monitor’s 12 to 15 August edition. In the article, titled, “Mwanawasa places security
wings on higher alert,” journalist Chikwanda Mwansa quoted an anonymous
Zambia Air Force (ZAF) officer who said
that security services had been placed on
heightened alert following Sata’s release
from jail. Mulobela did not attend the
meeting because he feared he might be
arrested. This attitude points towards a
deep level of mistrust in Zambia between
journalists and the government.
The harassment of
M’membe escalated as the
year progressed
In a case of censorship, on 4 October,
Q-FM radio reporter, Wamunyima Walubita, was forced to erase material on a
tape he had recorded in order to secure
his release from detention. The tape contained material documenting police mistreatment. Walubita was arrested by police while covering a riot by students
from Evelyn Hone College, who were
protesting declining education standards
at the institution, according to the branch
of MISA Zambia.
In a case touching on overall principles, the Constitution Review Commission, which is in the process of drafting a
new constitution, opened up a debate on
policies when it released a sample draft to
the public for discussion. The government responded by rejecting the proposed clause 72 guaranteeing access to information. In a letter, dated 31 October,
to the secretary of the Constitution Review Commission, the Attorney General
said the government opposed the clause
because it would endanger state security.
MISA Zambia chairperson Kelly Kaunda
also added her own views, “We think that
the only reason why the government has
rejected the access to information provision is that it does not want its citizens to
be well informed about what is going on.
Rather than being transparent, the New
Deal government prefers to be secretive.”
Such a statutory body
will balance the interests
of the media with those of
the public and individuals
The government opposed two other
freedom of the media provisions in the
draft constitution. First of all, the administration rejected a proviso guaranteeing
freedom of all electronic and print media
from interference. Secondly, it rejected a
stipulation that journalists were not obliged to disclose their sources except in
court. Instead, the government suggested
that a Statutory Press Complaints Authority be set up. The Attorney General said,
“Such a statutory body will balance the
interests of the media with those of the
public and individuals.” But MISA claimed, “With regard to the suggestion that
a statutory body be created to hear the
complaints against the media, we think
that this is totally unnecessary because
members of the public have recourse to
the courts of law or the Media Council of
Zambia (MECOZ) to resolve any problems relating to unfair coverage or unethG
ical reporting.”
Watch List Country
T
he country of Zimbabwe is in such
steep decline that it is unclear when
it will finally reach the bottom. At present, the country has over four million
people in need of food aid, desperate
shortages in the most basic commodities
such as petrol, 70 per cent unemployment
and hyperinflation. However, despite the
cruel deprivations suffered by the Zimbabwean people, the government of President Robert Mugabe continues to act as
if nothing is wrong.
Unfortunately, there is something very wrong, and while Rome fiddles, it is
ordinary Zimbabweans who pay the price of living under President Mugabe. In
this year, Zimbabweans also discovered
just how much they were expected to pay
for their president’s drift into authoritarianism.
Furthermore, in 2005, ordinary Zimbabweans were betrayed by the very institutions designed to support them: by a
government deaf to pleas for assistance,
by an opposition that appears to have imploded, and by an international community that, try as it might, simply cannot
speak with one voice. The result is that
while politicians call for dialogue, people’s lives are becoming more desperate
with each passing day.
The country of Zimbabwe
is in such steep decline that
it is unclear when it will
finally reach the bottom
Although not similar in size and scale,
the summer demolition of so-called
slums allegedly leaving 700,000 people
without homes or jobs echoed the appalling decision by Pol Pot’s Khmer Rouge
to drive the Cambodian people into the
countryside and away from the urban
areas. This cruel act was later described as
Year Zero, and, in the future, 2005 may
be seen as Zimbabwe’s very own Year
Zero.
In the case of Zimbabwe, the use of
machinery to tear down houses and
groups of police to beat protestors were
further signs of a government that no
2005
Julian Simmonds, center, Toby Harnden, right, in a coffee bar
in Johannesburg, 16 April 2005. British journalists with the
London Sunday Telegraph, they were acquitted of charges
that they violated Zimbabwe's strict media laws.
(AP Photo)
longer seems to care. Aside from this operation, the 31 March parliamentary elections also showed just how routine the
winning of fraudulent elections has become for President Mugabe. In elections
described by the US State Department as
“seriously tainted,” the ruling Zanu-PF
party won 74 seats, which along with the
30 seats directly chosen by President Mugabe, gave the party a commanding parliamentary majority.
This cruel act was later
described as Year Zero,
and, in the future, 2005
may be seen as Zimbabwe’s
very own Year Zero
Later in the year, the opposition Movement for Democratic Change (MDC)
was riven with disagreement over the
question of whether to boycott elections
to a newly created upper house in parliament. Seeking to break the deadlock,
MDC leader, Morgan Tsvangirai, held a
meeting of the party’s National Executive, but this was boycotted by some senior members who described it as “illegal.”
Fueled by the MDC’s failure in the parliamentary elections, the resulting infighting caused a schism in the MDC
that remains unresolved.
On the international front, there was
very little movement. The most important human rights institution on the con-
67
British journalists Julian Simmonds, right, and Toby
Harnden, are escorted to a prison truck after they
were granted bail after appearing at a court in Norton,
Zimbabwe, on 13 April 2005.
(AP Photo)
tinent, the African Union, has remained
largely silent on the issue of Zimbabwe.
There are legal cases before the institution’s human rights body, the African
Commission, but none of this body’s recommendations have so far been implemented. Elsewhere, the European Union
has made noises, but it has not developed
a unified policy on how to deal with
President Mugabe.
All of these events heavily influenced
Zimbabwe’s media. Throughout the year,
the story of the private media’s struggle to
merely exist continued in the face of
overwhelming pressure from the government. With state media in the hands of
president Mugabe, and confronted by several laws that have squeezed the life out
of the independent newspaper industry,
journalists did not fare any better in 2005
than they did in previous years.
One of the most effective means of
inhibiting press freedom is the government-controlled Media and Information
Commission (MIC), which was created
under the aegis of the 2002 Access to
Information and Protection of Privacy
Act (AIPPA). The MIC has done its best
to restrict the independent media and
there were a number of cases this year
that showed exactly how legislation can
be used to keep newspaper organisations
tied up in bureaucracy, and not out on
the streets selling newspapers.
On 2 January, the Mthwakazi Publishing House published the new Weekly
Times; however, three days later, the MIC
wrote to the publisher and said that it
risked the suspension or cancellation of
its license. Although the publisher claims
that the newspaper is meant to inform
and educate, the MIC believes that it is a
“general news vehicle.” The MIC was
apparently angered at the weekly’s lead
story in which it interviewed Archbishop
Pius Ncube, a critic of President Robert
Mugabe.
There were a number of
cases this year that showed
exactly how legislation
can be used to keep newspaper organisations tied up
in bureaucracy
In February, after just eight weeks of
publication, the MIC closed down the
independent Weekly News. Its publishing
licence was taken away after the regulatory body said that it had misrepresented
itself on its original license, an act that
was in breach of the restrictive AIPPA
laws. Responding to the news, local journalists said they believed the closure was
connected to the impending parliamentary elections on 31 March. CPJ criticised the MIC’s actions and said the
Weekly Times was the fourth newspaper
to be closed in such a manner.
The MIC denied the African Tribune
Newspapers (ATN) an operating license
for the weekly Tribune newspaper. Justi-
68
Members of the Zimbabwean National
Association of Freelance Journalists hold
banners while marching in commemoration of World Press Freedom Day,
in Harare, 3 May 2005.
(AP Photo/STR)
fying its decision in the state-owned Herald on 13 July, the MIC said that ATN
did not have the necessary capital needed
to resume publication and that it seemed
they planned to operate from a residential area. ATN said it would appeal the
original decision.
Another independent newspaper publisher was also denied the right to resume
publication in July. This time it was the
Associated Newspapers of Zimbabwe
(ANZ) and its daily newspaper the Daily
News. The ANZ has fought a long running battle to publish the Daily News and
thought it had won in the courts in 2003.
Thinking it had the right to publish, it
released an edition immediately after the
court decision. However, this decision
left the ANZ at the mercy of the MIC,
which said the newspaper had published
at a time when it did not have a license.
On 18 July, the MIC denied the ANZ
a license to publish the Daily News and
the Daily News on Sunday saying that the
publisher had committed an “inexcusable” act when it published in 2003 and
was, at the time, operating illegally. In a
parallel action, the ANZ is going through
the courts in an attempt to challenge the
AIPPA law itself. Believing the law to be
fundamentally unsound, the ANZ has
not complied with its registration rules.
In the aftermath of the MIC’s decision,
there were rumours that the real reason
for the MIC’s decision was that the Central Intelligence Organisation (CIO) had
vetoed ANZ’s registration.
Based on papers filed at the High
Court, Jonathan Maphenduka, a former
MIC board member, said the body had
agreed to register ANZ, publishers of
Daily News and Daily News on Sunday on
16 June. The decision was supposed to
have been announced publicly, but Dr
Tafataona Mahoso, the regulatory body’s
Chairman decided instead to wait. A
decision that, in Maphenduka’s opinion,
was a clear sign that he had decided “to
consult higher authorities.”
Journalists were also questioned or
arrested and detained by the authorities
in 2005. On 14 February, the CIO went
to the offices of Brian Latham, Angus
Shaw and Jaan Raath. Shaw works for the
Associated Press, while Latham and
Raath work for a number of different organisations. During the visit, the officers
questioned the journalists and accused
them of working without the proper accreditation as laid down by the regulatory body, the MIC. It is believed the visit
was undertaken in order to apply pressure
on foreign journalists operating in the
country in the lead-up to the parliamentary election on 31 March.
The CIO also returned to the offices a
2005
Members of the National Association
of Freelance Journalists hold a banner
while marching in comemoration
of World Press Freedom Day,
3 May 2005.
(AP Photo)
second time on the following day. According to the journalists’ lawyer Beatrice
Mtetwa, the CIO was investigating whether the journalists were involved in espionage and whether the journalists had
the necessary licensing for a satellite phone. On the second visit, Shaw, who was
not present in the office at the time, was
ordered to be there on the following day
when the CIO officers would return.
In the early days President
Mugabe pursued a twin
track of destroying
the main opposition party,
while severely intimidating the media
Responding to the visit of the CIO,
IPI said, in a letter of protest, “The actions of the police appear calculated to apply the maximum amount of pressure on
journalists in the hope that some would
succumb to the intimidation and leave
the country. Such a view is supported by
the failure of the police to provide the
necessary documentation when undertaking the search and the nature of their
accusations, which are so widely drawn as
to allow the police to question the journalists on almost any subject.
2005
President Robert Mugabe addresses journalists at State House
in Harare, 2 April 2005.
(AP Photo)
In another sensitive case, RSF highlighted the manhunt for Cornelius Nduna, a Zimbabwean reporter for foreign
news media outlets. Nduna’s lawyer Beatrice Mtetwa said the officers seemed to
think that Nduna had escaped over the
border with “sensitive” videotapes that
could be dangerous to the security of
Zimbabwe.
The journalist had apparently received
the videotapes from the state-owned
Zimbabwean Broadcasting Corporation
(ZBC) with the assistance of an employee from ZBC’s holding Company Zimbabwe Broadcasting Holding (ZBH).
Mtetwa said the videoptape had sensitive
footage of training camps where militia
were trained to attack members of the
opposition MDC. Based on information
given to RSF, in the past, the militia were
also responsible for attacking The Independent, The Daily News, The Financial
Gazette and The Standard, and for preventing their distribution in rural areas.
On 31 March, the day of the elections, Toby Harnden, chief foreign correspondent for the London-based Sunday
Telegraph, and photographer Julian Simmonds were arrested at a polling station
outside Harare and charged under the
Access to Information and Protection of
Privacy Act (AIPPA) with taking photographs without the necessary accreditation. The journalists were held in prison
before being finally acquitted of all charges on 14 April and then deported. So
far, no prosecutions of journalists have
succeeded under the AIPPA law.
69
Morgan Tsvangirai, the main opposition leader in Zimbabwe
speaks to journalists upon leaving the magistrates courts
in Harare, 17 May 2005.
(AP Photo/STR)
Police investigations of the media continued after the parliamentary elections.
On 18 May, police officers detained
Frank Chikowore, a freelance journalist,
who was covering the police while they
were clearing Harare’s business centre of
street vendors. “It’s outrageous that Zimbabwean authorities would lock up
someone who was simply filming the
activities of police in a public place,” said
Ann Cooper, executive director of the
Committee to Protect Journalists (CPJ).
Police detained award-winning veteran photojournalist Fidelis Zvomuya for
more than four hours on 8 July while
covering the ongoing home demolition
campaign. The journalist was arrested at
Travos House, a building on Harare’s
Jason Moyo Avenue, for taking photographs of a man who had been tied to a
staircase in the building using his necktie.
At the time of his arrest, Zvomuya was
handcuffed and detained in the building
for more than two hours before being taken to the Central Harare Police Station.
He was only released after paying a fine
of approximately US$24.
Having already hindered the work of
much of the independent media within
Zimbabwe, 2005 saw the government
extending its reach far outside the country. On 7 March, before the parliamentary elections, SW Radio Africa, which
broadcasts from the United Kingdom,
found that its broadcasts into Zimbabwe
were being blocked. According to the
Media Monitoring Project Zimbabwe
(MMPZ), a Harare-based independent
watchdog, the jamming was carried out
from the Thornhill airbase between Harare and Bulawayo.
The continued jamming had a profound effect on SW Radio Africa. By 31
May, the radio station had been forced to
give up its broadcasts on shortwave.
When stopping these broadcasts, the station specifically blamed the jamming saying, “The jamming of our transmission
signal by the Zimbabwe government has
required that we broadcast on multiple
frequencies,” SW Radio Africa said in a
statement.
“This has been very successful and
our listeners have been able to clearly
receive us. But it is financially unsustainable, adding a huge amount to our
normal running costs,” the station’s
management said.
This is a blow to media
freedom and makes it
harder to report the truth
on the ground
Not content with knocking SW Radio
Africa from the airwaves, President Mugabe also started to jam the independent
radio station, Voice of the People (VOP),
starting on 18 September.
Based on information gathered by
RSF, the jamming equipment comes
from China. In a letter to the Zimbabwean government, RSF said, “The use of
Chinese technology in a totally hypocritical and non-transparent fashion reveals
the government’s iron resolve to abolish
70
Other strict laws are also being
applied against journalists. On
14 March, the Supreme Court
upheld the AIPPA law and the
MIC’s right to force media organisations to register with it. The
decision followed the Daily News’s
decision to petition the courts to
have the most repressive sections
of AIPPA removed. There was,
however, one ray of light when
the Supreme Court ordered the
MIC to reconsider its original
2003 decision to prevent the Daily News from publishing.
There was also trouble for foreign media who sought accreditation to cover the parliamentary elections. During March, the authorities refused to accredit the
South Africa-based Talk Radio
702 and 567 CapeTalk radio stations. Commenting on the decision, Talk Radio 702’s news editor Katy Katopodis said, “This is
Wilf Mbanga, founder of the newspaper The Zimbaba blow to media freedom and mawean , speaks in his office at home in Southampton,
kes it harder to report the truth
England, 24 February 2005. (AP Photo/Adam Butler)
on the ground. We applied to
have three journalists in the counfreedom of opinion in Zimbabwe.” try to cover pre-and post-election issues.”
Commenting on the jamming, a VOP
Accreditation problems also haunted
staff member said, “Our signal is no lon- the banned Daily News. On 12 May, the
ger as clear as it is supposed to be.”
High Court turned down an application
In the early days of President Muga- by the newspaper to have journalists acbe’s decision to pursue a twin track of credited. The court said that individual
destroying the main opposition party, journalists could not be registered until
while severely intimidating the media, the newspaper was registered by the MIC.
the main tool of the state was violence. Despite the earlier 14 March ruling of
Now, after the passage of five years, the the Supreme Court, however, the MIC
ruling Zanu-PF party has become more was still dragging its heels over the quessophisticated in its approach. In conse- tion of rehearing the Daily News’s appliquence, the state’s main weapon is now cation.
the law and the legal system.
An ANZ lawyer learned that the reguOn 10 January, President Mugabe sig- latory body was demanding further docned into law new measures designed to umentation beyond that normally requitoughen the already repressive AIPPA. red to make an ultimate ruling. ResponThe new provisions included a two year ding to the MIC’s decision, CPJ Executerm of imprisonment for any journalist tive Director Ann Cooper said, “This latdiscovered working without the necessary est ruling makes it clear that this entire
accreditation issued by the body respon- legal process is a farce designed to provide
sible for overseeing AIPPA: the MIC.
cover for the government’s campaign to
These provisions were followed by crush the independent media.”
President Mugabe’s signing of the CrimiPOSA is also being applied against the
nal Law (Codification and Reform) Bill. media. On 3 August, Willie Mponda,
The law was gazetted on 2 June after the editor of the weekly community newspapresident gave his assent. In essence, the per The Sun, pleaded not guilty to charlaw introduces penalties that are more ex- ges of publishing falsehoods prejudicial
treme than the Public Order and Security to the state. The charges arose from a 10
Act (POSA) and AIPPA laws.
June edition of the newspaper carrying
2005
an article about the suicide of a woman
after her business was destroyed in the
summer clean-up campaign.
Security forces also raided a news production company in December. On 15
December, the independent organisation,
the Voice of the People, was raided by
police in Harare who confiscated documents and questioned staff. The media
organisation provides regular programming on community and political issues.
Charges were also
dropped against the former
editor of The Standard,
Bornwell Chakaodza, and
reporter Valentine Maponga
on 18 August
The raid was vocally condemned by
regional and international press freedom
organisations. Based on information provided by CPJ, VOP staff members: Maria
Nyanyiwa, Nyasha Bosha and Kundai
Mugwanda were detained. They were released three days later.
In the face of these attacks, there was
some good news as the courts gave an
indication they were independent.
On 10 January, journalists Vincent
Kahiya, Dumisani Muleya, Iden Wetherell and Itai Dzamara, who were being
held on remand, were removed after prosecutors failed to set down a trial date. All
four journalists work for the private Zimbabwe Independent and were facing criminal defamation charges arising from a 9
January edition claiming president Mugabe had commandeered an airplane
while on holiday. The magistrate hearing
the case said it was up to the state to proceed with the prosecution if it so wished,
but the journalists could no longer be
held.
The courts also worked hard to uphold
the law in the case of Richard Musazulwa, a correspondent with The Standard
weekly newspaper. On 2 May, Musazulwa was acquitted on charges of abusing
journalistic privilege under AIPPA. The
charges arose from an article in the 22
August 2004 edition alleging that hungry
youths of the ruling Zanu-PF party had
tried to force their way into a luncheon
for senior party officials hosted by the
Zimbabwe Air Force at Thornhill Airbase. The magistrate hearing the case ac-
2005
quitted the journalist after his lawyer successfully argued that the state had failed
to establish a case against him.
Charges were also dropped against the
former editor of The Standard, Bornwell
Chakaodza, and reporter Valentine Maponga on 18 August. The charges came
from a 16 May article in the newspaper
that the family of a murdered mine executive blamed unnamed government officials for his death. The journalists were
originally charged under section 15 (1) of
POSA and a number of other sections.
On 31 August, a magistrate acquitted
journalist Kelvin Jakachira of working
with the now banned Daily News without
proper accreditation. Jakachira was accused of working for the paper between
January and September 2003 without the
government license required by AIPPA.
In its ruling the court said that the journalist had followed the procedures laid
down by the act, but the government had
not responded. The court also said the
journalist was entitled to work while waiting for the accreditation under AIPPA.
There was also a new paper published
in 2005, although because of the repressive legal situation in Zimbabwe, the
newspaper was forced to publish in the
United Kingdom. Named the Zimbabwean Independent, and founded by editor
Wilf Mbanga, the newspaper is seeking
to inform both Zimbabweans and the
diaspora. First launched on 11 February
in London and Johannesburg, the Zimbabwean Independent will examine politics in Zimbabwean, as well as arts, culture, business, sports, gender issues, and
social issues.
On 31 August, a magistrate acquitted journalist
Kelvin Jakachira of
working with the now
banned Daily News without
proper accreditation
In a worrying press freedom violation
on 8 December, Trevor Ncube, publisher
of the South African Mail and Guardian
newspaper, as well as Zimbabwe’s The
Standard and Zimbabwean Independent
newspapers, had his passport confiscated
by a plainclothes member of the CIO.
Speaking afterwards about the incident, Ncube said that he had already
gone through the immigration checkpoint, and was about to leave the airport,
when a woman from the Immigration
Services approached him and asked to see
his passport once again. Ncube was then
allowed to leave the airport, but on doing
so, a CIO officer identified himself and
confiscated the publisher’s passport.
The incident happened at Bulawayo
airport after Ncube had flown to Zimbabwe’s second city from South Africa.
When discussing the incident with sources in Bulawayo, the publisher was told
that his passport was seized because his
name appears on a list of 64 prominent
businessmen, journalists, politicians, and
activists. The list is thought to concentrate on those individuals who reside outside the country.
Ncube has homes in Johannesburg
and Harare and is now fearful that if he
returns to South Africa he will then be
prevented from returning to Zimbabwe.
After visiting the Immigration Services to
inquire about his passport, Ncube was
told to return on 9 December. Speaking
about the incident, IPI Director Johann
P. Fritz said, “The confiscation of Ncube’s
passport is yet another depressing sign of
the lengths the Zimbabwean government
will go to suppress its critics.”
“Ncube’s media have often criticised
members of government and the use of a
Constitutional amendment to prevent
his free movement is draconian and shows
that rather than drafting laws in support
of free expression, the government is intent on passing repressive laws that silen-
71
Jessie Kalembwe sits in her destroyed
home at Porta Farm in Harare,
5 July 2005.
(AP Photo/Str)
ce the country’s citizens,” said Fritz.
Ncube’s passport was later returned to
him after the high court ruled that its
confiscation was illegal.
Necessary Changes to the
Media Environment:
G
G
G
G
G
Removal of Repressive Legislation
Creation of Public Service Broadcaster
Divesting Government of State
Newspaper Interests
Freedom of Information Law
Voluntary Media Accountability
G
Systems
72
The
Americas
In 2005, investigative
journalists in Latin
America continued to
receive death threats,
or were physically
attacked by corrupt
officials, drug traffickers or other criminals
intent on preventing
the media from exposing their activities.
Death Watch
Region (11)
2005
Deaths are Down,
Self-Censorship is Up
E
leven journalists were killed in
the Americas in 2005. Three
journalists were murdered in
Haiti, and two each in Brazil, Colombia and Mexico. Journalists were also
killed in Ecuador and Nicaragua. Several journalists were forced to flee into
exile.
In addition to threats and physical
attacks, journalists in several Latin
American countries had to contend
with a barrage of litigation, including
criminal defamation lawsuits and excessive punitive damage awards in civil
suits, resulting in much self-censorship.
Media outlets criticised government
restrictions on access to public information, often the result of anti-terrorist legislation introduced in response to the
terrorist attacks of September 11, 2001.
The use of official advertising to punish
or reward publications and broadcasters
was condemned as a threat to press freedom in Argentina, Colombia, El Salvador and Uruguay, among other countries.
In some countries, including Argentina, Bolivia, Brazil, Chile, Ecuador and
Guatemala, the excessive use of force
against journalists by the police and army was also a cause for concern.
In a positive development, several
countries, including Chile, Guatemala, Honduras and Panama, eliminated “desacato” (insult) provisions from
their statute books. And in a blow
against impunity, several people received lengthy jail sentences for their
role in the killing of journalists in
Brazil and Colombia.
In Argentina, journalists complained about a strained relationship with
President Néstor Kirchner and his
administration’s increasing intolerance of press criticism. Libel remains
a criminal offence and was frequently
used to harass journalists. Threats
and physical attacks against journalists, especially those investigating cor-
ruption and other illegal activities,
were also commonplace.
In Brazil, one of the most dangerous countries in the Western Hemisphere to practice journalism, two journalists were killed in 2005. Outside
the major urban areas of Rio de Janeiro, São Paulo and Brasilia, journalists attempting to investigate drug
trafficking, corruption and other illegal activities continued to face threats,
physical attacks and even death at the
hands of local power brokers and criminals.
Long suppressed by General Augusto Pinochet’s military dictatorship,
the Chilean media were generally able to operate freely. In August, Congress and then-President Ricardo Lagos approved a bill, Law 20.048, eliminating “desacato” provisions from
the Criminal Code.
Journalists in several Latin
American countries had to
contend with a barrage of
litigation, including criminal defamation lawsuits
In Colombia, where two journalists
were killed in 2005, the number of
journalists’ deaths has fallen under
President Álvaro Uribe’s administration, although many contribute the decline in killings to an increase in selfcensorship among media practitioners.
Nevertheless, Colombia remains one of
the world’s most dangerous countries
for journalists. Particularly in the provinces, journalists who attempted to expose illegal activities and corruption, or
report on the country’s decades-long
civil war, faced death threats, kidnappings and physical attacks at the hands
of right-wing paramilitaries, leftist guerrillas, drug traffickers, and others.
2005
President Fidel Castro’s government
continued to exercise tight control over
Cuba’s journalists. Of the 28 journalists
jailed in the massive crackdown on dissidents in March 2003, six were released in
2004. A further journalist, Mario
Enrique Mayo Hernández, was released
on medical parole in December 2005.
Others went on hunger strikes to protest
appalling hygiene conditions, beatings
by fellow inmates and inadequate medical care. Throughout the year, state security agents continued to harass, detain
and interrogate those independent journalists not arrested in the March
2003 crackdown.
Media outlets criticised
government restrictions
on access to public
information
Ecuador’s violent protests and civil
unrest claimed the life of one journalist,
Julio Augusto García Romero of the Chilean news agency, La Bocina. García Romero died in April as a result of police
attempts to drive back demonstrators in
the capital, Quito.
In Guatemala, journalists reported
numerous cases of harassment, intimidation and violence against journalists, including the use of excessive force by the
police. In a positive development, the
Constitutional Court suspended the “desacato” provisions contained in the penal
code.
In Honduras, the Supreme Court also
decided to eliminate the country’s “desacato” law, Article 345 of the penal code,
which provided for jail sentences of two
to four years.
In Mexico, the end of 70 years of oneparty rule by the Institutional Revolutionary Party (PRI) in 2000 initially led to
an improvement in press freedom, but
the relationship between President Vicente Fox and the press has deteriorated,
while the number of violent attacks
against reporters, especially those investigating drug trafficking and official corruption in the northern states bordering
the U.S., has risen. At least two journalists were killed because of their work in
2005.
One journalist was killed in Nicaragua
in 2005. Authorities initially said Rony
Adolfo Olivas Olivas, a correspondent for
the daily La Prensa, was shot during an
argument with a taxi driver. However,
Olivas had recently written articles on
drug trafficking and also received death
threats, leading local journalists’ organisations to believe he might have been killed because of his reporting. Olivas was
the third Nicaraguan journalist to be
murdered in the past two years.
In Paraguay, journalists complained
about the increasing number of attacks
against the media. Reporters, especially
those who attempted to expose corruption, or cover strikes and protests, often
faced intimidation, physical attacks and
death threats.
The removal from office of disgraced
former president Alberto Fujimori in
2000 has led to a freer and more independent media in Peru. However, President Alejandro Toledo’s falling ratings
have led to a more strained relationship
between the government and the media.
Physical assaults against journalists, particularly those reporting on events in the
country’s interior, also increased.
In Venezuela, the administration of
President Hugo Chávez tightened its grip
on the press in 2005, as parts of the
Social Responsibility Law for Radio and
Television and amendments to the penal
code, expanding the categories of government officials protected by “desacato”
provisions, came into effect.
The use of official advertising to punish or reward
publications and broadcasters was condemned as a
threat to press freedom
Canadian journalists complained
about government restrictions on access
to public records and information. Fears
also persisted that anti-terrorism legislation, hastily introduced in the wake of
September 11, 2001, could infringe upon
basic civil rights, including freedom of
expression. In January, the outcome of
the prosecution of freelance journalist
Stephen Williams, involving 97 criminal
charges for allegedly violating a publication ban connected to a trial, was considered to be “a step backwards for freedom
of expression in Canada.” Williams recei-
73
ved a suspended sentence of three years’
probation in plea bargain. The Canadian
Journalists for Free Expression (CJFE)
said the case sent a chilling message to
journalists who express criticism of police
and judicial actions.
In the United States,
Judith Miller of The New
York Times spent 85 days
in prison for refusing to disclose a confidential source
In the United States, Judith Miller of
The New York Times spent 85 days in prison for refusing to disclose a confidential
source. Her jailing met with widespread
condemnation among press freedom organisations, who said it sent a terrible
message to repressive regimes looking for
justification to imprison critical journalists.” Another journalist, Jim Taricani of
WJAR television in Providence, Rhode
Island, was freed in April, two months
before the end of his six months’ house
arrest. A U.S. District Judge had found
Taricani guilty of criminal contempt in
November 2004 for refusing to divulge
the name of his source. Throughout the
year, other U.S. journalists also came
under pressure to reveal their sources.
Other issues that occupied the media
during 2005 included restrictions on reporters’ access to information, particularly in the wake of Hurricane Katrina, and
the continuing hostilities in Iraq, where a
number of journalists were killed by U.S.
fire, or held by U.S. forces for prolonged
periods without charge or due process.
BY MICHAEL KUDLAK
74
2005
Argentina
A
rgentina’s economic recovery, underway since 2003, has enabled the
country’s largely privately owned media
to recuperate somewhat after a four-yearlong recession that culminated in economic collapse in late 2001.
Apart from financial difficulties, Argentina’s media – there are over 150 daily
newspapers, hundreds of radio stations
and dozens of TV channels – complained
about a strained relationship with President Néstor Kirchner and his administration’s increasing intolerance of press criticism.
Media outlets were hampered by the
manipulation of federal and provincial
advertising to punish or reward publications and broadcasters. Libel remains a
criminal offence and is frequently used to
harass journalists. Threats and physical
attacks against journalists, especially those
investigating corruption and other illegal
activities, are also not uncommon.
Kirchner has not held a single presidential press conference since taking office
Access to information remains limited. Kirchner has not held a single presidential press conference since taking office, and critical journalists are frequently
denied interviews, entry to the Presidential Palace, or seats on the presidential airplane. In July, Kirchner said that photographers were the best journalists, because
they did not ask questions. After years of
being bogged down in the National Congress, the access to information bill was
rejected by Argentina’s legislators. The latest version of the bill was considered by
press freedom groups to be deeply flawed
and a threat to press freedom.
The Buenos Aires-based press group,
Foro de Periodismo Argentino (FOPEA),
the Inter American Press Association (IAPA), and other press freedom advocates
reported numerous cases of harassment
and attacks on journalists throughout the
year.
On 27 February, Guido Uaut, a correspondent for the regional daily, El Liberal, was attacked while covering demonstrations at a polling station during gubernatorial elections in Termas, Santiago
del Estero province. Demonstrators physically assaulted the journalist and seized
his camera, the Paris-based Reporters
Without Borders (RSF) reported.
On 12 March, Daniel Otero, producer of the investigative programme “Puntodoc”, broadcast by Azul TV in Quilmes, south-eastern Buenos Aires, reported that one of the windows of his car was
broken and a knife placed on a seat in an
apparent warning. The incident followed
a number of anonymous threats, and a
physical attack against his 19-year-old
son by seven individuals on 25 December
2004.
On 10 October, photographer Leandro López of the local daily El Sol was severely beaten by police officers at the central police station in the eastern city of
Concordia, Entre Ríos province, RSF reported. López had tried to take photographs of a road accident that had just
taken place near the police station. The
police filed a complaint accusing him of
“verbal assault” and resisting arrest.
In November, journalists Daniel Enz
and Tirso Fiorotto were threatened and
intimidated by authorities in Entre Ríos
province because of their critical reporting. On 25 November, Enz, director of
the Paraná-based weekly newspaper Análisis, was threatened by provincial police
chief Ernesto Geuna. In the same week,
Jorge Busti, Governor of Entre Ríos, described Fiorotto, a correspondent for the
national newspaper La Nación, as his government’s “public enemy number one.”
On 30 December, José “Pepe” Eliaschev, a radio host and outspoken critic of
the government, was sacked by the statecontrolled broadcaster, Radio Nacional,
after the station’s director told him that
an order had “come from above” to drop
his programme, “Esto Que Pasa”, which
had been on the air for 20 years.
The journalist and author, Mariano
Saravia, has suffered continued harassment and intimidation since the publication of his book exposing police abuses
during the 1976-83 dictatorship, “La
Sombra Azul” (The Blue Shadow), was
published in March. Saravia, a journalist
for the daily La Voz del Interior in Córdoba, Córdoba province, said he was the
victim of threats and legal harassment.
On 23 July, he found a dozen .45 calibre
bullets on his doorstep. In August, a swastika was painted on his house, and in
October he found a dead bird hanging in
his garage. In November, his house was
burgled and his dog mysteriously disappeared. He also received anonymous
threatening telephone calls, as well as letters from former officers of the Argentinean military imprisoned for crimes
against humanity and named in “La
Sombra Azul”. One of the former officers
filed a civil defamation lawsuit against
Saravia.
The 2004 arson attack on the daily
newspaper, El Diario del Fin del Mundo,
in the southern city of Ushuaia, Tierra
del Fuego province, remains unsolved.
On 6 March 2004, the building of El
Diario was set on fire, destroying the
newsroom and administrative offices. At
the time, Tierra del Fuego’s Governor,
Mario Colazo, called the fire a “terrorist
attack” and promised to thoroughly investigate the incident. Journalists’ groups
called for an end to the climate of impuG
nity in Tierra del Fuego.
2005
75
Belize
T
he media in this tiny Central American state, formerly known as British Honduras, are generally able to operate freely. Constitutional guarantees of
freedom of expression and of the press are
largely respected, although the constitution also provides exceptions in the interest of national security, public order and
morality. Among others, these include
forbidding citizens to question the validity of financial disclosure statements submitted by public officials. Anyone who
questions these statements, orally or in
writing, can be fined up to Bz$ 5,000
(approx. US$ 2,500), jailed for up to
three years, or both.
There are no daily newspapers; but
privately-owned weeklies – some of which
are subsidised by political parties – present a wide range of viewpoints. There is
also a range of private commercial radio
and television stations, and several cable
TV providers.
The Belize Broadcasting Authority, a
state regulatory body, has the right to
preview and censor broadcasts with political content, although this right has not
been exercised in several years.
In 2005, the media was largely preoccupied with a strike in January by public
and private sector workers over government austerity measures, and anti-government riots in the capital, Belmopan,
in April. The alleged rape of three holidaying teenage girls from Britain also
received widespread media coverage. G
Bolivia
I
n December, Socialist leader Evo Morales won the presidential elections, becoming Bolivia’s first indigenous president. Pledging to end “500 years of injustice,” he vowed to renationalise the country’s natural resources and relax restrictions on growing coca, the raw material
for cocaine. In the past, government plans
to eradicate the coca plant, often the only
source of income for the country’s poorest farmers, frequently led to bloody clashes between protesting coca growers and
security forces, in which journalists often
found themselves caught in the middle.
Morales’s predecessor, Carlos Mesa
Gisbert, a popular TV journalist who came to power in October 2003, had pledged to address the concerns of indigenous
people. However, economic recession, civil unrest and the use of excessive force by
the police and army continued to impede
independent reporting during his presidency. In the run-up to the July 2004
referendum on how best to exploit the
country’s natural gas reserves, the second
Bolivian presidential candidate Evo Morales waves to
journalists prior to a press
conference in La Paz,
Bolivia, 20 December 2005.
(AP Photo/Dado Galdieri)
Demonstrators rally in downtown La Paz, Bolivia, 18 May
2005, demanding the nationalisation of the country’s oil
industry.
The sign reads, “Carlos
Mesa: Good journalist,
bad president.”
(AP Photo/Dado Galdieri
largest in South America, the Confederation of Bolivian Press Workers and the
National Association of Bolivian Journalists accused Mesa’s government of harassing the media over its coverage of the historic vote. In January 2005, rising fuel
prises triggered further anti-government
protests in the south-eastern city of Santa
Cruz, Bolivia’s largest and most prosperous city, and in El Alto. In May and June,
renewed protests over energy resources
brought the capital, La Paz, to a near still
stand, forcing Mesa’s resignation and Supreme Court head Eduardo Rodríguez’s
swearing in as a caretaker president.
Criminal defamation laws, carrying
prison sentences of up to three years,
remain on the statute books in Bolivia,
resulting in some self-censorship among
the country’s largely privately-owned
print and broadcast media. A statute requiring journalists to have a university
degree and to be listed with a National
Registry in order to work also remains in
effect.
76
2005
Brazil
Proposals for an Access to Information
and Transparency Law, based on a presidential decree, Supreme Decree 27239,
were widely denounced by journalists’
groups. If approved, they would limit access to military, diplomatic and economic
information, journalist organisations said.
Criminal defamation
laws, carrying prison sentences of up to three years,
remain on the statute books
in Bolivia, resulting in some
self-censorship
On 11 January, Giovanna Rodríguez
Castro and David Zagardia Muños, a reporter and cameraman, respectively, for
the private TV station Bolivisión, were
threatened while covering anti-government protests in Santa Cruz. According
to the New York-based Committee to
Protect Journalists (CPJ), the two journalists were driving in the outskirts of
Santa Cruz when a group of protesters
stopped their vehicle. The protesters insulted and threatened the journalists, then
asked them to present a permit issued by
the protest’s organisers. After the journalists parked their vehicle nearby and returned to show their permit, the protesters again threatened them. The protesters
were led by business and civic groups in
Santa Cruz demanding that the government reverse an increase in fuel prices it
adopted in late December 2004 and pressing for greater autonomy for Santa Cruz
department.
On 19 April, José Luis Conde, a cameraman for Bolivisión, was harassed by
military personnel during a ceremony at
the military academy in La Paz, the Parisbased Reporters Without Borders (RSF)
reported. According to local journalist
groups, Conde, along with several other
journalists, was filming a ceremony at the
military academy when a military policeman, accompanied by a lieutenant, took
him into a nearby barracks, and confiscated his camera and film. The lieutenant
struck Conde four or five times in the
G
face, the journalist said.
Journalist Lucio Flavio Pinto talks
during an interview in Belem, Brazil,
8 December 2005.
(AP Photo/Silvia Izquierdo)
Death Watch
Country (2)
W
ith hundreds of newspapers and
television channels and thousands
of radio stations, Brazil is South America’s largest media market. The 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 to practice journalism.
When not confronted with threats and
physical violence, the country’s journalists also had to contend with censorship
attempts and a rash of litigation, including criminal and civil defamation lawsuits based on the 1967 press law, a remnant of the former military dictatorship.
The excessive use of force by police was
also a problem for reporters.
Two journalists were murdered in Brazil in 2005.
On 31 March, Ricardo Gonzalves Rocha, owner of Jornal Vicentino newspaper
in the city of São Vicente, São Paulo state, was shot dead in his car by an unidentified assailant on a motorcycle. A controversial figure, Gonzalves Rocha was also a city councilman for many years. Police dismissed robbery as a motive since
the journalist’s valuables were not taken.
José Cândido Amorim Pinto, an investigative journalist for Rádio Comunitária
Alternativa in Carpina, Pernambuco state, was killed on 1 July. He was shot by
two men on a motorcycle as he parked
his car outside the radio station. Amorim
produced and presented an investigative
programme in which he frequently reported on corruption cases. Recent targets of
his investigations included local politicians Mandel Botafogo and Antonio
Moraes. Amorim had previously received
threats, and he was injured on 21 May
when two men on a motorcycle fired
shots at his car.
2005
In a blow against impunity in Brazil,
several men received lengthy jail sentences in 2005 for their role in the killing of
journalists.
On 25 May, a court convicted local
drug lord Elias Pereira da Silva in the
2002 murder of investigative reporter
Tim Lopes and sentenced him to 28 years
and six months in prison. In further trials, six other men were also found guilty
in Lopes’s murder and handed down
lengthy prison terms.
Brazilians were shocked by the brutal
slaying of Lopes, an award-winning investigative reporter, in June 2002. The
journalist had gone to Vila do Cruzeiro,
one of Rio de Janeiro’s impoverished suburbs, or favelas, where he was investigating parties hosted by drug traffickers that
involved drugs and the sexual exploitation of minors. According to two suspects
arrested on 9 June, several men close to
Pereira da Silva kidnapped Lopes in Vila
do Cruzeiro around midnight on 2 June.
After Lopes told them he worked for TV
Globo, they took him to Pereira da Silva,
who was in a nearby favela. The drug
traffickers beat Lopes and shot him in the
feet, then held a mock trial and sentenced
the journalist to death. Pereira da Silva
killed the reporter with a sword, and the
body was then burned and buried.
In a blow against impunity
in Brazil, several men received lengthy jail sentences
in 2005 for their role in the
killing of journalists
In two trials, held on 31 May and 16
June, Célio Alves dos Santos and João
Leite were sentenced to prison terms of
17 years and six months and 15 years and
two months, respectively, for the 2002
murder of journalist Domingos Sávio
Brandão Lima Júnior. The owner and
publisher of the daily Folha do Estado in
Cuiabá, Mato Grosso state, was shot at
least five times in the chest as he was surveying the construction site of his newspaper’s new offices.
Throughout the year, the Brazilian Investigative Journalism Association (Associação Brasileira de Jornalismo Investigativo), the Inter American Press Association (IAPA), and the Lima-based Institute
for Press and Society (Instituto Prensa y
77
Sociedad), among others, reported numerous press freedom violations and attacks against Brazilian journalists.
On 21 January, Lúcio Flávio Pinto,
editor and publisher of a bi-monthly
newspaper, Jornal Pessoal, was physically
attacked by Ronaldo Maiorana, a businessman and politician, in the city of
Belém, Pará state. Pinto was repeatedly
punched and kicked by Maiorana and
two bodyguards in a restaurant in Belém,
where he was having lunch with some
friends. Maiorana, director of the daily
newspaper O Liberal and the television
station TV Liberal, also threatened to kill
him, Pinto said. Two days before the attack, Pinto had published an article in his
bi-monthly, in which he reported on the
Maiorana family’s media group and its
alleged monopoly in Pará state. Pinto faces numerous criminal defamation and
civil lawsuits for his critical reporting on
a variety of issues, and he has received
death threats in the past.
Pinto faces numerous
criminal defamation
and civil lawsuits for his
critical reporting
On 23 March, Maurício Melato Barth,
editor and publisher of the bi-monthly
newspaper Info-Bairros, was shot twice in
the legs by two unidentified men in front
of his home in Itapema, Santa Catarina
state. The attack followed a series of articles published in his bi-monthly on corruption among local politicians. Barth,
who had previously received several anonymous death threats, faced months of
recuperation before he could walk again.
He and his family were forced to go into
hiding.
On 4 May, Judge Jeová Sardinha de
Morais of the 7th Civil District of Goiânia, Goiás state, granted an injunction
that ordered the withdrawal of all copies
of the book, “Na Toca dos Leões” (In the
Lions’ Den), from circulation in Brazil.
The injunction was granted on behalf
of former presidential candidate Ronaldo
Caiado, who reportedly filed criminal and
civil defamation complaints against the
author of the book, freelance journalist
Fernando Morais, and a civil complaint
against the book’s publisher, Editora Planeta do Brasil.
Morais’s book, which was published in
early April, tells the history of the advertising agency, W/Brasil, and quotes one
of its main business partners as saying
that Caiado, while running for president
in 1989, told him that sterilising women
could solve the problem of overpopulation in Brazil’s north-eastern region.
Maurício Melato Barth,
editor and publisher
of the bi-monthly newspaper Info-Bairros, was
shot twice in the legs
In April, sports commentator Jorge
Kajuru was convicted of criminal defamation and sentenced to 18 months of
overnight detention. Kajuru, whose real
name is Jorge Reis da Costa, was ordered
to stay at a prison dormitory in Goiânia
every night, beginning 28 May. The criminal defamation lawsuit against Kajuru
stemmed from allegations he made on air
in January 2001 that TV Anhanguera, an
affiliate of the television network Rede
Globo, had won the rights to broadcast
the Goiás state football championship
because of its close relationship to the
state government. Organizações Jaime
Câmara, the media group that owns TV
Anhanguera, and its president, Jaime Câmara Júnior, filed several criminal complaints against Kajuru. Judge Alvarino
Egídio da Silva Primo of the 12th Criminal District of Goiânia found Kajuru
guilty of criminal defamation in June
2003. Kajuru filed several appeals before
the Goiás State Court of Justice and the
Superior Court of Justice, but his conviction was upheld. In March 2005, the Goiás State Court of Justice ordered that the
sentence be carried out.
On 15 May, a judge prohibited Rede
Amazônica de Televisão, Rede Globo’s
affiliate in Rondônia state, from broadcasting a report on local corruption.
Minutes before the news programme,
“Fantástico”, was to air the report on alleged corruption among state legislators,
justice officials arrived at Rede Amazônica de Televisão’s studios and served an
injunction banning the broadcast.
On 17 May, unidentified persons set
fire to the house of journalist Sandra Miranda in Palmas, Tocantins state. According to Miranda, editor of the independ-
78
2005
Canada
ent newspaper Primeira Página, the attack may have been connected to her reporting on corruption among local politicians and military police officers.
On 1 September, Judge José Alonso
Beltrame Júnior of the 10th Santos Civil
Court in São Paulo state issued an order
prohibiting the newspaper A Tribuna
from reporting on a court case involving
the misappropriation of public funds. In
August, A Tribuna had reported extensively on an investigation by the Special
Audit Committee into the alleged embezzlement of funds by Sonia María
Precioso de Moura, an official with the
Santos Prefecture.
On 8 September, unidentified attackers set fire to a building housing the
newspaper Diário de Marília and two
radio stations, Diário FM and Dirceu
AM, in Marília, São Paulo state. According to a security guard, who was alone at
the time, three hooded men forced their
way into the building, threatened him
with their guns, and set fire to the building, destroying nearly 80 per cent of the
facilities. The editor-in-chief of Diário de
Marília, José Ursilio de Souza, believed
the attack was aimed at his newspaper in
retaliation for its “critical editorial line towards local politicians.”
On 8 September, unidentified attackers set fire to a
building housing the newspaper Diário de Marília
and two radio stations
In December, the New York-based
Committee to Protect Journalists (CPJ)
condemned a São Paulo court order prohibiting the daily Folha de S. Paulo from
publishing reports about a criminal case.
Folha de S. Paulo received the written
order, signed by Federal District Court
Judge Margarete Sacristan, on 9 December. The order, which was issued at the
request of plaintiffs in the case, instructed the newspaper to stop publishing reports about a pending court case involving alleged corporate espionage in the
battle over control of Brasil Telecom, a
telecommunications company. CPJ called the order “the latest example of judiG
cial censorship in Brazil.”
C
anada’s Charter of Rights and Freedoms guarantees freedom of opinion and expression, including freedom of
the press, but media organisations, including the Canadian Journalists for Free
Expression (CJFE), a non-governmental
organisation of journalists, editors and
publishers, have increasingly expressed
concern over attempts to force journalists
to reveal confidential sources and the willingness of the police to seize videotapes,
photographs, notes and other material
collected by reporters. Fears also persist
that anti-terrorism legislation, introduced in response to the terrorist attacks of
January, after a long and costly court
case, Williams accepted a plea bargain
offered by the Ontario government. He
received a suspended sentence of three
years’ probation after pleading guilty to a
single charge of breaking a publication
ban. CJFE called the outcome “a pyrrhic
victory,” which would make Williams the
first Canadian author to receive a criminal record for his writing.
The prosecution of Williams involved
97 criminal charges for allegedly violating a publication ban connected to the
trial of a serial killer, Paul Bernardo. According to CJFE, the cases could have
Former media baron Conrad Black leaves Federal Court, 1 December 2005, in Chicago,
USA, after pleading not guilty to fraud charges in connection with the alleged diversion of millions of dollars from Hollinger International.
(AP Photo/Jeff Roberson)
11 September 2001, could infringe upon
basic civil rights, including freedom of
expression and of the press.
Canadian journalists also complained
about government restrictions on access
to public records and information. According to a 2005 study by the Canadian
Newspaper Association (CNA), government officials had a “dismal record” in
responding to access to information requests. The public’s right to access information seemed to “exist only on paper,”
CJFE said.
In January, the outcome of the prosecution of freelance journalist and author
Stephen Williams by the provincial government of Ontario was considered by
CJFE to be “a step backwards for freedom of expression in Canada.” On 14
lasted years, and would have effectively
bankrupted the journalist in the process.
“This outcome sends a chilling message
to journalists and writers who express
criticism of police and judicial actions in
Ontario,” Rod Macdonell, executive director of CJFE, said. “It also sets a dangerous precedent for prosecution of journalists who acquire access to Crown materials that the government deems sensitive.”
In June, the violent attack on a filmmaker by officials at the Iranian Embassy
in the capital, Ottawa, caused widespread
outrage. Masoud Raouf, an Iranian-Canadian documentary filmmaker, was reportedly beaten by guards inside the Iranian Embassy on 17 June. Raouf, who
went to the embassy to film Iranians cast-
2005
79
Chile
ing absentee ballots in Iran’s presidential
elections and protesters outside the embassy, was allegedly punched and kicked
by embassy guards. After leaving the embassy, Raouf was taken to a hospital. Canada’s national police service, the Royal
Canadian Mounted Police (RCMP), was
investigating the incident.
The incident was particularly sensitive
in light of the 2003 death of Zahra Kazemi, an Iranian-Canadian freelance photographer. Kazemi, a contributor to the
Montreal-based magazine Recto Verso,
was arrested by plainclothes security officers in Iran on 23 June 2003 while taking
photographs outside Tehran’s Evin Prison.
She was held for nearly two weeks before
being transferred to a military hospital,
where she died on 10 July, apparently as
a result of being beaten. In July 2004, an
Iranian court acquitted intelligence agent
Mohammad Reza Aghdam Ahmadi of
Kazemi’s death.
had a “dismal record” in
responding to access to
information requests
In November, Canadian-born media
tycoon Lord Conrad Black was charged
with eight counts of fraud in the United
States for allegedly diverting millions of
dollars from Hollinger International, a
global media empire that included the
Daily Telegraph (UK), the Chicago SunTimes and the Jerusalem Post. In December, he pleaded not guilty to four additional charges of racketeering, obstruction of justice, money laundering and
mail fraud. U.S. district judge Amy St.
Eve set a trial date of 5 March 2006. If
found guilty, Black could face up to 95
years in jail and a US$ 7 million fine.
Black 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. G
I
n the December presidential elections,
Michelle Bachelet, the candidate for
the ruling centre-left Concertacio coalition, gained the most votes, but failed to
win more than 50 per cent of the poll,
forcing a second-round vote against the
billionaire businessman and former senator Sebastian Pinera. In January 2006,
Bachelet won the second round to become Chile’s first woman president. She
will take over from President Ricardo Lagos when she is sworn in as president in
March 2006.
Bachelet will become the fourth consecutive president from the Concertacion
coalition, which has led Chile since the
end of military rule in 1990.
Long suppressed by General Augusto
Pinochet’s military dictatorship, the Chilean media are generally able to operate
freely. The constitution provides for freedom of speech and of the press, and both
the print and broadcast media routinely
criticise the government and cover sensitive issues, including corruption and human rights abuses during Pinochet’s 17year-long rule.
The 2001 press freedom act, signed
into law by President Lagos in May 2001,
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 against public order 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 “desacato”, or insult, provisions from the Criminal Code. These provisions have led to
some self-censorship in the past.
In June, the Miami-based Inter American Press Association (IAPA) urged
Chilean legislators to “approve a law on
access to public information, eliminate
insult laws, and reject constitutional reforms on private and public life that encroach on freedom of the press.” A bill
protecting the honour and privacy of individuals was currently in second reading
in the Senate, IAPA reported.
In August, Congress and President Lagos finally approved a bill, Law 20.048,
eliminating “desacato” provisions from
the Criminal Code. Articles 263, 265 and
268 of the Criminal Code were repealed,
and article 264 redefined attacks on public officials to exclude insulting language.
The law also amends the Military Justice
Code. Article 276 of the Code, which
previously defined the offence of “improper sedition” in the broadest terms, was
altered to prohibit any action that “induces or incites military personnel to disorder, indiscipline, or non-fulfilment of military duties.”
In August, Congress
and President Lagos finally approved a bill, Law
20.048, eliminating
“desacato” provisions from
the Criminal Code
A radio reporter, Paola Briceño Verdina, was beaten and detained by national
police officers in May, after covering a
student protest in the capital, Santiago de
Chile, the New York-based Committee to
Protect Journalists (CPJ) reported. According to local press reports, a large number of university students clashed with
police on 4 May during protests against a
bill that would give private banks a role
in the financing of higher education.
Police fired tear gas and water cannons to
disperse the crowd. Briceño Verdina was
detained shortly after she aired a report
for the private radio station, Radio BíoBío. She was beaten with a baton, accused of disorderly conduct and resisting
authorities, and briefly jailed. CPJ called
on the authorities to investigate the attack and take action against those responG
sible.
80
2005
Colombia
Death Watch
Country (2)
P
resident Álvaro Uribe Vélez, who
came to power in May 2002 promising to end Colombia’s endemic violence,
has taken a tough stance against both leftwing guerrillas and right-wing paramilitary groups. Under his presidency, the
murder rate – including the number of
journalists’ deaths – has fallen, although
many contribute the decline in the killing
of journalists to an increase in self-censorship among media practitioners.
Colombia (FARC) and National Liberation Army (ELN), drug traffickers, and
other common criminals. Frequently, the
groups involved in Colombia’s civil war
single out journalists as “military targets”,
using intimidation and violence to ensure
they are portrayed favourably by the
media.
As in several other South American
countries, official advertising is often
used to either reward or punish media
outlets.
On 16 May, Francisco Antonio Tabares and Luís Arley Ortiz were each sentenced to 28 years in prison for their role
in the 2002 murder of Orlando Sierra,
At least two journalists were killed because of their work in 2005.
On 11 January, veteran radio news
host Julio Hernando Palacios Sánchez
was shot and killed by two armed motorcyclists as he was driving to work in the
city of Cúcuta, Norte de Santander department. Palacios, who hosted the programme “Radio Periódico El Viento” on
Radio Lemas, was shot three times in the
chest, but was able to drive back home.
His family took him to a local hospital,
where he died two hours later. Palacios
was a controversial journalist, who frequently reported on corruption among
local officials.
Another journalist, Hernando Marné
Sánchez Roldán of the daily newspaper
El País, was shot dead on 19 February by
an unknown individual in Tulúa, Valle del
Cauca department.
Julio Hernando Palacios
Sánchez was shot and killed
by two armed motorcyclists
as he was driving to work in
the city of Cúcuta
President Alvaro Uribe speaks to journalists after a meeting with high-ranking
military officials to discuss a rebel attack on army troops in the area at a military
base in Granada, Colombia, 28 December 2005. In the background is the commander
of the Colombian Armed Forces, Gen. Carlos Ospina. (AP Photo/Fernando Vergara)
Moreover, anti-terrorism laws expanding the government’s powers have raised
concerns that greater security is infringing upon human rights, and Colombia
remains one of the most dangerous countries in the Western Hemisphere in which
to practice journalism.
Particularly in the provinces, journalists who attempt to investigate corruption and drug trafficking, or report on
the country’s four-decade-old civil war,
continue to face death threats, kidnappings and physical attacks at the hands of
the right-wing paramilitary United SelfDefence Forces of Colombia (AUC), the
leftist Revolutionary Armed Forces of
deputy director of La Patria newspaper in
Manizales, Caldas department. Luís Fernando Soto, who shot the journalist, was
sentenced to 19 years and six months in
prison. However, the masterminds behind
the murder have yet to be identified. Sierra died on 1 February 2002 from wounds
inflicted by two gunmen on 30 January
2002. The journalist, who was shot twice
in the head and once in the abdomen as
he entered the newspaper’s downtown
building in broad daylight, was well
known for his columns on official corruption and had received anonymous death
threats.
In September, Guillermo Cabrera
Medina, president of the Valle del Cauca
Journalists’ Association, who was reported missing on 5 September, was murdered. Family members identified his body
at the Cali University Hospital on 6 September. According to medical reports, he
was stabbed in the throat and chest. The
motive for his murder was unclear, but
robbery was a possible motive, authorities said.
The Colombian press freedom organisation, Fundación para la Libertad de
Prensa (FLIP), among others, reported
numerous press freedom violations
throughout the year, including threats,
kidnappings, and physical attacks. Several journalists were forced into exile, and
a number of media outlets were the target
of bombings or other violent attacks.
On 20 February, a car bomb exploded
outside the offices of RCN Radio and
Television in Cali, Valle de Cauca department. Ricardo Luna, a sound engineer,
and Jaime Alberto Martínez, a security
guard, were lightly injured in the blast.
According to local press reports, about 30
kilograms of explosives were detonated in
a car on the street in front of RCN’s offi-
2005
ces. FARC rebels claimed responsibility
for the attack and accused RCN of “taking sides” in the country’s ongoing civil
war.
Another station, Latina Estéreo 91.3
FM in Puerto Asís, Putumayo department, was the target of a bomb attack on
13 February. According to Latina Estéreo’s owner, Gabriel Morales, unidentified
individuals detonated explosives that damaged the station’s transmission antennas, temporarily forcing it off the air.
Morales said the station had not received
threats prior to the attack. FARC rebels
were believed to have been behind the
attack. On 25 May, Latina Estéreo’s
transmission system was again knocked
out after unidentified persons set on fire
the station’s transmission tower and generator.
A broadcasting facility in Putumayo
department, owned by the RCN and Caracol TV channels, was destroyed on 2
March, FLIP reported. Armed men overpowered the station’s only security guard
and then set fire to the building, temporarily forcing both RCN and Caracol
off the air. Local authorities said FARC
rebels were behind the attack.
81
motive for the attack was unclear.
Throughout the year, numerous journalists received death threats or were
physically attacked:
On 12 January, Jorge Corredor, host
of the daily news programme “El Pregón
del Norte”, broadcast by the Cúcuta-based radio station La Voz del Norte, received a death threat via telephone by an
individual who identified himself as a
member of a paramilitary group. “After
Palacios, the next journalist on the list is
Julio Corredor,” the caller said.
Corredor narrowly survived an attempt
on his life in April 2004. According to
the journalist, two men visited his home
patient,” the journalist wrote in a column. The newspaper’s editor-in-chief,
Sebastián Hiller, told FLIP that Herrera
may have been singled out as a target in
retaliation for Vanguardia Liberal’s critical
coverage.
Edwin Alberto Moreno Mojica, host
of the radio programme “Informativo
88.3”, broadcast by the community radio
station in Tame, Arauca department, was
forced to flee into exile in February after
receiving several death threats apparently
linked to his coverage of the “Dignidad
por Tame” (Dignity for Tame) movement, which had been calling for the dismissal of Tame’s mayor, Alfredo Iván
Several journalists were
forced into exile, and a
number of media outlets
were the target of bombings
On 13 March, facilities belonging to
the Cristalina Estéreo and Espléndida
Estéreo radio stations were the target of
another attack against broadcasting outlets. The two stations, based in Florencia,
Caquetá department, said their transmission antennas were knocked out after
unidentified assailants detonated 20 kilograms of explosives in a building that
houses the stations’ broadcast equipment.
FARC rebels claimed responsibility for
the attack.
In August, another media outlet, the
daily newspaper El Informador in Santa
Marta, Magdalena department, was the
target of a grenade attack. According to
sources, an unidentified individual on a
motorcycle threw a grenade, which exploded outside the newsroom as three
journalists and a designer were finishing
the next day’s edition. The blast damaged
the building, but caused no injuries. The
Family members and fellow journalists stand around a stretcher carrying the body
of murdered journalist Julio Hernando Palacios at a hospital in Cucuta, Colombia,
near the border with Venezuela, 11 January 2005.
(AP Photo/Efrain Patino)
on 22 April 2004 to discuss buying a
house he was selling. One of the men returned later and, when Corredor opened
the door, fired a gun at him. Corredor
threw himself to the ground, but his stepdaughter, Livy Sierra Maldonado, was
killed instantly.
On 21 January, Enrique Herrera Araujo, a columnist for the newspaper Vanguardia Liberal in Valledupar, César department, received an anonymous death
threat – one of many that he has received
since July 2004 warning him to stop
writing critical editorials. “It pains me to
have to say that I will stop writing editorials, as I fear the assassins may not be
Guzmán Taffur. After one of the movement’s leaders was assassinated, Moreno
decided to leave the region.
In March, another journalist, Claudio
Gomajoa Buesaquillo, owner of the radio
station La Dorada Estéreo in La Dorada,
Putumayo department, was forced to go
into exile after receiving death threats
from right-wing paramilitaries. The
threats appeared to be linked to the station’s coverage of the activities of a citizens’ group led by businessman José
Hurtado, who was assassinated on 11
February.
On 26 April, Gilberto Martínez Prado, a journalist for Colmundo Radio in
82
2005
Costa Rica
Ibagué, Tolima department, received a
death threat – one of many he has received since January 2003 because of his
investigative reporting on local corruption. He was assigned protection under
the Interior Ministry’s protection programme for journalists.
In May, three prominent investigative
journalists in the capital, Bogotá, received death threats. Daniel Coronell and
Hollman Morris of the news progamme
“Noticias Uno”, broadcast by Canal Uno,
and Carlos Lozano of the weekly Voz,
received funeral wreaths, accompanied by
notes of condolence, on 16 May. Coronell, Morris and Lozano have all received
anonymous death threats over the past
years. In a press release, President Uribe
condemned the threats and promised to
do everything to ensure the safety of the
journalists and their families. (After
months of threats, Coronell, who is also a
columnist for Semana magazine, decided
to leave the country on 14 August).
Throughout the year,
numerous journalists
received death threats
On 22 May, William Parra, a journalist for the Reuters news agency, was stabbed and seriously wounded by an unidentified attacker in Zipaquirá, north of
Bogotá. Parra, a former press secretary for
President Ernesto Samper, briefly took
refuge in Spain in 2000 after receiving
death threats.
On 13 July, Julián Alberto Ochoa Restrepo, director of the AUPAN television
channel in Andes, Antioquia department,
decided to go into exile after an attempt
on his life on 23 May.
On 24 July, another journalist, Fanor
Zúñiga Hurtado, producer and cameraman for the news programme “Mas Noticias” in Buenaventura, Valle del Cauca
department, was forced to flee the region
after receiving several threats, reportedly
from FARC rebels.
In September, three other journalists,
Juan Gossaín of RCN Radio, Mauricio
Vargas of Cambio magazine, and Julio
Sánchez Cristo of Caracol Radio, received death threats, prompting President
Uribe to personally offer them special
protection.
In October, Enrique Alfonso Camargo Plata, news director for Radio Guata-
purí in Valledupar, César department,
received two death threats. Two other
journalists in César department, Galo
Bravo Picossa of the daily El Pilón and
Miguel Macea, a correspondent for “Noticias Uno” and Tele Caribe, also received
death threats.
Two journalists in Cartagena department, Pedro Luís Mogollón, director of
El Universal newspaper, and Jacqueline
Rhenals, El Universal’s political affairs
editor, were also the target of death
threats in October.
On 14 October, Diva Jessurum del
Río, a journalist for RCN TV in Bogotá,
received the latest in a series of threats
against her, FLIP reported. In April, Jessurum began receiving threatening telephone calls on her mobile phone. On 16
August, a cake was sent to her family’s
home in Barranquilla. An accompanying
note read, “We’ll follow you from Barranquilla to Bogotá. … We know where
G
you live and where you work.”
C
osta Rica enjoys a vibrant media
scene – there are numerous privately-owned newspapers, TV channels and
radio stations – and press freedom is generally respected, although the existence of
punitive press laws, coupled with several
adverse court rulings, have inhibited the
full exercise of freedom of expression and
of the press.
Defamation remains a criminal rather
than civil offence. However, free press advocates welcomed a July 2004 decision
by the Inter-American Court of Human
Rights to overturn the sentence against
Mauricio Herrera Ulloa, a journalist for
the daily newspaper La Nación, who was
convicted of criminal defamation on 12
November 1999 by Costa Rica’s Penal
Court of the First Judicial Circuit. The
charges stemmed from a series of articles
written by Herrera Ulloa and published
by La Nación in 1995 about former Costa Rican diplomat Félix Przedborski. In
the articles, Herrera Ulloa cited European press reports alleging Przedborski of
illegal activities in Europe, including illegal traffic in drugs and weapons.
In March, La Nación
was the target of two violent attacks on its facilities
in the capital, San José
The ruling by the Inter-American
Court of Human Rights effectively annulled the 1999 sentence against Herrera
Ulloa, stating that Costa Rica had violated Article 13 of the American Convention on Human Rights, which protects
the “right to freedom of thought and expression.” The court also ordered Costa
Rica to pay Herrera Ulloa US$ 20,000 in
damages and US$ 10,000 for legal fees.
The Costa Rican government has said it
would abide by the ruling.
In March, La Nación was the target of
two violent attacks on its facilities in the
capital, San José. On 8 March, an unidentified individual fired several shots at
the newspaper’s security post, forcing two
guards to take cover. He then fled in a
waiting car. On 23 March, unidentified
attackers fired shots at the newspaper’s
offices from a moving vehicle. No one
was injured in the incident, which caused
minor damage to the building.
Armando González, La Nación’s managing editor, told the New York-based
2005
83
Cuba
Committee to Protect Journalists (CPJ)
that the newspaper had not received any
threats prior to the attacks. However, he
was concerned that someone might be
trying to intimidate the newspaper. In
2004, La Nación played a key role in covering high-level corruption scandals that
led to the arrests of former presidents
Miguel Ángel Rodríguez and Rafael Ángel Calderón on graft charges. La Nación
also supported the Central American Free
Trade Agreement (CAFTA), a trade agreement between the United States, Costa
Rica, the Dominican Republic, El Salvador, Guatemala, Honduras and Nicaragua, which has met with fierce opposition from trade unions and farmers’ organisations.
On 18 October, the trial for the 2001
murder of radio journalist Parmenio Medina Pérez began. Medina, producer and
host of the weekly programme, “La Patada” (The Kick), broadcast by Radio Monumental in San José, was killed by unidentified gunmen on 7 July 2001 outside his house in San Miguel de Santo
Domingo de Heredia. The Colombianborn journalist was well-known for his
exposés on corruption, and his programme earned him many enemies. In December 2004, Costa Rica’s chief prosecutor filed charges against nine people, including businessman Omar Luis Chaves
Mora and the Catholic priest, Mínor de
Jesús Calvo Aguilar, the suspected masterminds behind the murder. Calvo, the
founder of a local Catholic radio station
that Medina had denounced for financial
irregularities, and Chaves, the station’s
financial backer, were arrested in DecemG
ber 2003.
P
resident Fidel Castro’s Communist
government, in power since 1959,
continues to exercise tight control over
Cuba’s journalists.
Journalists working for independent
news agencies are not recognised by the
authorities, and are systematically monitored, harassed, detained, interrogated or
imprisoned, often with the goal of “persuading” them to leave the country. Because they are viewed as political dissidents, or “counter-revolutionaries”, independent journalists are not allowed to
publish in Cuba and therefore forced to
send their material to the United States
or Europe, for publication in the print
media or on the Web.
The persecution of Cuba’s independent journalists reached new heights in
2003, with a massive government crackdown on political dissidents, beginning
on 18 March. Over a three-day period,
police conducted mass arrests and house
searches. In all, 78 people, including 28
journalists, were arrested. About half of
those arrested had organised a petition
drive for political and human rights reforms in Cuba, known as the “Varela Project”, which gathered more than 11,000
signatures and united the country’s small
dissident movement into the first major
internal challenge to the Communist regime.
Laura Pollan (left), leader of the “Ladies in White”, leads the group of wives of political
prisoners during a march in Havana, Cuba, 18 March 2005. Nearly 30 wives of political
prisoners marched to the headquarters of the government journalists’ union to demand
that their plight be publicised in Cuba’s state-run media.
(AP Photo/Jorge Rey)
Insult laws carry penalties of three
months to one year in prison, with sentences of up to three years if the President
or members of the Council of State or
National Assembly are the objects of criticism. Charges of disseminating enemy
propaganda, which include expressing
opinions at odds with those of the government, can bring sentences of up to 14
years. The 1997 Law of National Dignity,
which provides for jail sentences of three
to ten 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 articles
abroad.
The arrested journalists were Raúl
Rivero, Jorge Olivera Castillo, Ricardo
González Alfonso, José Luis García Paneque, Omar Rodríguez Saludes, Pedro
Argüelles Morán, Edel José García, José
Gabriel Ramón Castillo, Julio César Gálvez, Víctor Rolando Arroyo Carmona,
Manuel Vázquez Portal, Héctor Maseda
Gutiérrez, Oscar Espinosa Chepe, Adolfo
Fernández Saínz, Mario Enrique Mayo
Hernández, Fabio Prieto Llorente, Pablo
Pacheco Ávila, Normando Hernández
González, Carmelo Díaz Fernández, Miguel Galván Gutiérrez, Léster Luis González Pentón, Alejandro González Raga,
Juan Carlos Herrera, José Ubaldo Izqui-
84
erdo, Mijaíl Barzaga Lugo, Omar Ruiz
Hernández, Iván Hernández Carrillo and
Alfredo Pulido López.
After summary trials held behind
closed doors on 3 and 4 April 2003, 14
courts across the country convicted the
journalists on 7 June of “working with a
foreign power to undermine the government” and handed down sentences ranging from 14 to 27 years in jail under Law
88 for the Protection of Cuba’s National
Independence and Economy and Article
91 of the Penal Code, which provides for
prison sentences or the death penalty for
those who act against “the independence
or the territorial integrity of the State.”
year jail sentence. Brizuela was arrested
and imprisoned one year before the
March 2003 crackdown. On 27 April
2004, a court sentenced the journalist to
three years in prison for “disobedience”
and “refusing to obey the authorities.”
During the year, several other jailed
journalists also went on hunger strikes to
protest harsh prison conditions, including appalling hygiene conditions, rotten
food, and beatings by fellow inmates.
The great distances from their homes made visits by family members difficult and
expensive. Several of the journalists were
hospitalised in prison clinics, or provin-
2005
lives in exile, but refused. González faced
up to 20 years in prison under Law 88 for
the Protection of Cuba’s National Independence and Economy. At year’s end, he
was still being held without charge, and
his health was said to be deteriorating.
Albert Santiago Du Bouchet Hernández, director of the independent news
agency Havana Press, was arrested in Artemisa, Havana province, on 6 August.
He was tried three days later and sentenced to one year in jail for “civil disobedience” and “resisting the authorities.”
Both he and Oscar Mario González had
covered the congress of the Assembly to
Because they are viewed
as political dissidents, or
“counter-revolutionaries”,
independent journalists
are not allowed to publish
in Cuba
Among the sentences handed down,
Raúl Rivero, director of the independent
news agency CubaPress, and one of IPI’s
“50 World Press Freedom Heroes”, received a 20-year prison term, as did Ricardo
González Alfonso, director of the Sociedad de Periodistas Manuel Márquez Sterling, an association of some 40 independent journalists created in May 2002.
Omar Rodríguez Saludes, director of
the news agency Nueva Prensa, was sentenced to 27 years in prison, the longest
sentence handed down.
Of the 28 journalists incarcerated in
the March 2003 crackdown, six were
released in 2004, including Raúl Rivero.
In 2005, another journalist arrested in
March 2003, Mario Enrique Mayo Hernández, was released on medical parole.
He was freed on 1 December after intentionally wounding himself several times
and going on repeated hunger strikes.
Under the terms of his parole, he is required to report to the State Security headquarters every month and return to the
prison in November 2006, when officials
will determine whether his medical parole will be extended.
Carlos Brizuela Yera of the Colegio de
Periodistas Independientes de Camagüey,
an independent news agency in southwestern Cuba, was released from prison
on 2 March, after completing a three-
Italian reporter Francesco Battistini of Corriere Della Sera daily is escorted
by police officers after being detained and expelled from Cuba, as he arrives
at Milan’s Malpensa airport, 21 May 2005.
(AP Photo)
cial hospitals, due to poor health. Some
of them, who were ill before their arrest,
have seen their condition worsen because
of inadequate medical care, while others
have contracted new illnesses since their
imprisonment.
Two other journalists were jailed in
2005.
On 22 July, Oscar Mario González of
the Grupo de Trabajo Decoro news agency was detained along with some 30 dissidents. González was summoned and
questioned by two State Security agents
in Havana on 24 March and told he
would not see his family again if he continued to work as a journalist. He was
offered the possibility of leaving the
country for Sweden, where his daughter
Promote Civil Society (APSC). The twoday gathering brought together 200 opposition activists and guests to discuss
ways to promote democracy in Cuba.
In May, IPI condemned the detention
and expulsion on 19 May of three Polish
journalists, Seweryn Blumsztajn, editorin-chief of the Krakow edition of the daily Gazeta Wyborcza, Jerzy Jurecki, a journalist for Tygodnik Podhalanski, and Wojciech Rogasin, a journalist for the Polish
edition of Newsweek. They were all detained by police after they arrived in the
country to report on the APSC congress,
then taken to the airport and deported
from the country. Francesco Battistini, an
Italian journalist for Corriere della Sera,
who arrived in Cuba on 19 May to cover
2005
85
Ecuador
the congress, was also detained on 20
May and then deported.
According to media reports, the Cuban ambassador to Poland said the journalists had travelled to Cuba on tourist
visas and were thus violating Cuban law.
Johann P. Fritz, Director of IPI, said, “It
is clear that the real reason for the deportation of these journalists was the critical
coverage they were going to provide …
rather than a procedural violation. This is
yet another attempt to stifle dissent by
inhibiting freedom of the media.”
On 9 August, Lamasiel Gutiérrez Romero of the Nueva Prensa Cubana news
agency was sentenced to seven months
probation by a municipal court in Nueva
Gerona for “disobedience” and “resisting
authorities.” Gutiérrez was detained on
14 July by three State Security agents,
who hit her and said they would find a
pretext to bring her to trial. Gutiérrez
faced a sentence ranging from a fine to
two years’ house arrest.
Oscar Mario González
of the Grupo de Trabajo
Decoro news agency
was detained along with
some 30 dissidents
On 11 August, Florencio Cruz Cruz,
deputy editor of the independent Línea
Sur Press agency, was detained in Aguado, Cienfuegos province. He was arrested
by police officers as he was going to the
home of Bernardo Arévalo Padrón, editor
of Línea Sur Press.
In December, two foreign journalists,
Polish journalist Anna Bikont of Gazeta
Wyborcza and Swiss journalist Nelly
Norton, were detained and then expelled
from Cuba after reportedly interviewing
opposition activists in the central provinG
ce of Sancti Spíritus province.
Death Watch
Country (1)
P
resident Lucio Gutiérrez Borbúa, a
populist leftist and former coup
leader, who swept to power in November
2002 after promising to end corruption
and fight social injustice, was ousted by
Congress in April and replaced by Alfredo Palacio González following violent
protests, which began when Gutiérrez
dismissed the Supreme Court in December 2004. Gutiérrez had alleged the court
was too close to the opposition centreright Social Christian Party (Partido
Social Cristiano – PSC) and said the appointment of new judges would make the
country’s high court fairer and more representative. Protests escalated when the
new court dropped corruption charges
against both Gutiérrez and former president Gustavo Noboa Bejarano.
On 15 April, Gutiérrez imposed a state of emergency in the capital, Quito.
However, on 20 April, Congress voted to
sack Gutiérrez and the army withdrew its
support for the president. Gutiérrez fled
the country and sought political asylum
in Colombia. In October, he returned
from exile only to be arrested and detained on conspiracy charges.
Gutiérrez had a strained relationship
with the media. Journalists’ groups reported a deterioration in press freedom during his administration, marked by aggressive statements by the president, his government and members of Congress, as
well as an increasing number of threats
against critical journalists and media outlets. This, combined with the fact that
defamation remains a criminal offence,
punishable by up to three years in prison,
led to widespread self-censorship, especially with regard to reports on the military and other politically-sensitive issues.
Gutiérrez’s successor, Afredo Palacio,
served as vice-president under Gutiérrez,
but soon became a critic of the president,
whom he accused of not doing enough to
alleviate poverty. Palacio has promised to
overhaul Ecuador’s political system, in order to make the country more stable, but
has faced stiff opposition from Congress.
Ecuador’s violent protests and civil
unrest claimed the life of one journalist,
Julio Augusto García Romero, a photographer for the Chilean news agency, La
Bocina. García Romero died on 19 April
as a result of police attempts to drive back
demonstrators in Quito, who were demanding President Gutiérrez’s resignation. The demonstrators were moving toward the presidential palace, Palacio de
Carondelet, when police fired tear gas
into the crowd. The Chilean-born García
Romero was taking photographs of the
incident when he collapsed. He was taken to Red Cross headquarters, where he
arrived with symptoms of asphyxia, and
then transferred to Quito’s Eugenio Espejo Hospital, where he was pronounced
dead after suffering cardio-respiratory
arrest.
Throughout the year, press organisations reported attacks on journalists attempting to report on matters of public
interest.
Ecuador’s violent protests
and civil unrest claimed
the life of one journalist,
Julio Augusto García
Romero, a photographer
for the Chilean news
agency, La Bocina
On 4 February, a bomb blast rocked
the provincial radio station Radio Canela
FM, based in Macas, capital of MoronaSantiago province. There were no injuries, but damages were estimated at US$
20,000. No one claimed responsibility
for the attack. Radio Canela owner Wilson Cabrera said he suspected the government, which he has accused of corruption on several occasions, was behind
the attack. President Gutiérrez denied any
government involvement. In May 2003,
Cabrera was summoned by Dionisio
Cando Flores, Governor of Morona-Santiago, to a meeting at police headquarters. The governor reportedly threatened
him and warned him against reporting
on certain matters. “Remember that we
can be alive one day, and dead the next,”
the governor allegedly said.
On 20 April, unidentified gunmen
fired shots at the premises of Radio La
Luna. The privately-owned radio station,
known for its critical stance toward President Gutiérrez, had received threatening telephone calls. Its broadcasts were
also repeatedly jammed in the days leading up to Gutiérrez’s ouster.
86
El Salvador
On 3 May, La Luna’s director, Paco
Velasco, fled Ecuador after receiving repeated death threats. Velasco said he took
the decision because he felt his safety and
that of his family could no longer be guaranteed. He returned to Quito several
weeks later, reported the Miami-based Inter-American Press Association (IAPA).
In June, Ecuadorian police were accused of tapping the telephone calls of Milton Pérez and Maria Fernanda Zavala,
reporters for the commercial TV station,
Teleamazonas. Police acknowledged tapping the journalists’ mobile phones and
recording their calls with the aim of
locating former interior minister, Oscar
Ayerve, who went into hiding on 20 April. The two journalists had interviewed
Ayerve on 9 May. A warrant had been
issued for the former minister’s arrest
immediately after Gutiérrez’s ousting because of his role in the use of violence
against demonstrators during anti-government protests.
In a positive development, President
Palacio approved regulations implementing the Law on Transparency and Access
to Information, which had been signed
into law by President Gutiérrez in May
2004. The new law, which was first proposed by the Ecuadorian Association of
Newspaper Publishers (Asociación Ecuatoriana de Editores de Periódicos – AEDEP) and other local press organisations at
the end of 2002, requires public institutions to provide access to any information they produce and guarantees the
right of all citizens to demand public records, except for documents involving
national security.
On 29 December, President Palacio
vetoed an amendment to the criminal
code, passed by Congress on 30 November, under which journalists could be
jailed for broadcasting or publishing telephone conversations without express permission of the parties involved in the
conversations. The presidential veto delays the bill, which would allow for prison sentences of up to nine years, until
after a new Congress is formed following
legislative elections scheduled for OctoG
ber 2006.
P
resident Elias Antonio “Tony” Saca of
the right-wing National Republican
Alliance (ARENA), a former radio and television sports presenter who also owns a
radio network, won the presidential elections in March 2004, promising to crack
down on crime and make governance more transparent. Under his administration,
the largely privately-owned print and broadcasting media have generally been able
to report freely, although a lack of access
to information still limits journalists.
Saca’s predecessor, Francisco Flores, also of the ARENA party, rarely met with
journalists, and then only after imposing
strict conditions. His government was also accused of using official advertising to
influence news reporting.
On 16 February, television host Mauricio Funes’s current affairs programme,
“La Entrevista al Día”, was abruptly pulled off the air by the management of TV
Doce, a commercial television station,
while he was talking live on air about
the dismissal the previous day of a number of staff members who worked for his
programme and the news programme,
“Hechos”.
On 18 February, TV Doce’s general
manager informed Funes that the owners
of the station’s Mexican parent company,
Televisión Azteca, had decided to terminate his contract. Funes told a local newspaper that the decision to fire him was
unjustified. The same day, demonstrators
staged a protest against the cancellation
of “La Entrevista al Día” and the dismissal of TV Doce’s staff members.
Funes previously hosted a similar TV
programme, “Sin Censura”, which was
cancelled in March 2003. TV Doce’s
management did not publicly explain the
reasons for cancelling “Sin Censura”,
which was known for its critical reporting
on President Flores, but the station had
allegedly suffered financially for several
years due to an advertising embargo imposed by the government and important
business groups. At the time, the Salvadoran NGO, Journalists Against Corruption (Periodistas Frente a la Corrupción –
PFC), condemned “the management and
investors of media companies such as TV
Doce for not clearly explaining to their
viewers the decisions behind restricting
or cancelling certain programmes” and
for “not openly denouncing the groups
that use economic or political pressure to
G
influence programme content.”
2005
Guatemala
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 other organisations, reported numerous cases of harassment, intimidation and violence against journalists,
including the use of excessive force by the
police. Especially those reporters attempting to investigate corruption or human
rights abuses committed during Guatemala’s 36-year-long civil war, which ended in 1996, continued to face death
threats and physical attacks at the hands
of corrupt officials, former paramilitaries,
organised criminals, and others.
In a positive development, on 14 June,
the Constitutional Court suspended the
“desacato” or insult provisions contained
in the penal code, following a motion
submitted by Mario Fuentes Destarac,
chairman of the Guatemalan Press Chamber (Cámara Guatemalteca de Periodismo), that the articles be eliminated on
the grounds of their unconstitutionality.
The country’s highest court said it would
review the constitutionality of articles
411, 412 and 413, which provide for jail
sentences of six months to three years for
anyone found guilty of offending public
officials or state institutions. (On 3 February 2006, the Constitutional Court eliminated articles 411, 412 and 413 from
the penal code).
In a positive development,
on 14 June, the Constitutional Court suspended
the “desacato” or insult
provisions contained in
the penal code
On 25 February, a Guatemala City
court sentenced Eduviges Funesa, a former member of the armed forces, to 16
years in prison for his part in the June
2003 raid on the home of José Rubén
Zamora, publisher of the daily newspaper, elPeriódico. The second defendant,
Belter Álvarez, was acquitted for lack of
evidence.
On 24 June 2003, Zamora and his family were held captive for several hours
by a group of armed individuals. Eleven
men gained entry into Zamora’s house in
2005
87
Honduras
Guatemala City by posing as officers of
the Public Prosecutor’s Office, Zamora
said. The men blindfolded Zamora, put a
gun to his head and told him he was
going to be executed. Before leaving, they
told him that they knew his family’s routine and would kill them if he reported
the attack. Zamora’s newspaper had recently published a series of articles claiming that a “parallel power structure” made
up of former military officers, including
Guatemala’s former military ruler General Efrain Ríos Montt, was actually running the country. Because of its critical
reporting, elPeriódico has been the brunt
of an orchestrated campaign of harassment and intimidation since its inception
in 1996.
Since the start of the year, journalists
working for the TV programme, “Contacto Noticioso”, broadcast by the Canal
13 cable television station in Chiquimula
department, received numerous deaths
threats. According to Benjamin Martínez,
the programme’s producer, his team received at least 25 anonymous telephone
calls, warning them to stop reporting or
risk being killed.
On 1 March, several reporters, including Ewin Silva and Carlos Garcia of the
news programme “Telediario”, Carla Solorzano, a reporter for Radio Universidad, and Adolfo Argueta, a reporter for
the news programme “Noti7”, were attacked by former paramilitaries wielding
machetes while they were covering a demonstration in Guatemala City by former members of the Civil Defence Patrols (Patrullas de Autodefensa Civil). Guatemala’s civil patrols, known as PACs,
have been accused of committing hundreds of human rights violations during
the civil war, including massacres of suspected left-wing guerrillas and Mayan
civilians. Since 2002, they have been demanding that the government pay them
for their services during the war.
Three other journalists, Rolando Hernández and Arnulfo Ortiz of Vanguardia
Informativa, and Edwin Paxtor of the TV
programme “TV Enfasis”, were also attacked by former PACs while covering a
demonstration in Chiquimula department in July.
On 14 March, Edwin Benavente of
the daily newspaper Nuestro Diario was
brutally attacked by anti-riot police while
he was covering street protests that erupted after the government ratified the Cen-
tral American Free Trade Agreement, or
CAFTA, with United States. According
to Benavente, a group of police officers
hit him repeatedly and tried to seize his
camera.
On 17 March, Marielos Monzón, host
of the radio programme “Buenos Días”,
broadcast in Guatemala City by Radio
Universidad, received three threatening
calls on her mobile phone. The caller told
her to stop defending Guatemala’s indigenous peoples or she would be killed.
Monzón had received threats in the past
and on two occasions armed men broke
into her home, forcing her to flee into
exile for three months in 2003.
Two other journalists, Alfonso Guáquez, a correspondent for CERIGUA in
Sololá department, and Juan Carlos
Aquino, host of the news programme
“Punto Informativo” on Novedad Radio
in Zacapa department, also received
death threats in March.
In May, Miguel Ángel Barrios, director of the TV news programme “Noti
Galaxia” in Tecún Umán, San Marcos
department, received several threatening
calls on his mobile phone, warning him
to leave Tecún Umán or be killed.
In early December, telecommunications authorities shut down the community radio station Stereo Samalá in Retalhuleu department, CERIGUA reported.
The telecommunications supervisory body, SIT, also fined the station’s owner approximately US$ 10,000 for operating
G
without a licence.
I
n December, Manuel Zelaya Rosales of
the Liberal Party was declared the winner of the 27 November presidential elections after his rival, Porfirio Lobo Sosa of
the ruling National Party, conceded defeat following days of uncertainty over
the count.
Both Zelaya, who takes power from
President Ricardo Maduro on 27 January
2006, and Lobo had promised to fight
crime, unemployment and poverty in
this small Central American country, one
of the poorest countries in the Western
Hemisphere.
The Honduran media is concentrated
in the hands of a few powerful businessmen and politicians, and journalists tend
to exercise self-censorship in order to
avoid offending the interests of their employers. Criminal defamation statutes
further impede the work of journalists,
especially those reporting on sensitive topics, including official corruption, drug
trafficking and human rights abuses committed under military rule.
In a positive development, the Supreme Court decided in May to eliminate
Honduras’s “desacato” or insult law, Article 345 of the penal code, which provides for jail sentences of two to four
years for anyone “who threatens, defames,
slanders, insults or in any way offends the
dignity” of a public official. “The tendency among modern democracies is to eliminate insult laws, because they consider
them contrary to the right of equality before the law and an obstacle to freedom
of expression by granting special treatment to public officials,” the Court said
in its decision.
Throughout the year, the Honduran
press freedom group, Comité por la Libre Expresión (C-Libre), and other civil
society organisations reported numerous
threats to press freedom, including legal
harassment and anonymous death
threats.
In January, attorney Siomara Benítez
Molina filed a defamation complaint
against journalists Suyapa Banegas and
Carlos Ismael Galeas of San Miguel radio
station in Marcala, La Paz department,
the centre of Honduras’s coffee industry.
According to C-Libre and other organisations, Benítez claimed that Galeas defamed her by reporting that she was implicated in a coffee smuggling ring. In December 2004, Galeas aired a statement by
police officer José Santos Alvarado Corra-
88
les, who said police discovered that highranking Honduran officials, including
Pedro Pereira, Benítez’s husband, were
implicated in the smuggling ring. Galeas
told C-Libre that at no point did he suggest that Benítez was involved in the ring.
On 13 October, the Comayagua Tribunal
in Marcala acquitted the two journalists.
In February, journalists Nelson Fernández and Luis Fuentes, director and
editor-in-chief, respectively, of the private
daily newspaper La Prensa in San Pedro
Sula, Cortés department, faced defamation charges filed against them by Supreme Court Judge María Elena Matute.
According to C-Libre and the El Salvador-based PROBIDAD, Matute disputed claims in a 1 February article in La
Prensa that she was planning to resign
from her post in exchange for 12 million
Honduran lempiras (approx. US$
642,000). According to the daily, the
judge was stepping down in order to
make way for her brother-in-law, Congress Secretary Juan Orlando Hernández
Alvarado, to run in the 2005 elections for
the National Party. In April, the case
against Fernández and Fuentes was dropped after the journalists publicly apologised to the Supreme Court judge. “We
apologised to Judge María Elena Matute
about the regrettable error in the article
that she sued us about, and we clarified
that at no time did we or the newspaper
intend to damage her honour or reputation,” Fernández said.
In a positive development, the Supreme
Court decided in May to
eliminate Honduras’s
“desacato” or insult law
On 27 May, a defamation complaint
was filed by several municipal government officials against journalist Manuel
Santiago Cerna, director of the television
programmes “Al Punto” and “Elecciones
2005”, broadcast by Canal 6 in San Pedro Sula. The complaint, filed by San Pedro Sula financial manager Igmar Gonzáles Figueroa, communications and strategies director Serapio Umanzor, and the
mayor’s assistant, Daniel Alberto Otero
Muñoz, stemmed from allegations made
by Cerna during the 22 May edition of
“Al Punto” that the officials were behind
a series of anonymous threats against
him. Cerna also alleged on air that Mayor
Óscar Kilgore was a member of the group
threatening him for his critical reporting.
On 7 June, the constitutional chamber of the Supreme Court unanimously
dismissed the criminal defamation charges against Rossana Guevara, director of
the TV news programme “TN5”, broadcast by Televicentro’s Canal 5. In August
2003, criminal defamation charges were
filed against Guevara by Victor Bendeck,
a former banker, after “TN5” reported
about allegations of corruption against
Bendeck. Although Bendeck, a fugitive
from justice, did not appear in court for
the conciliation hearing in August 2003,
Guevara was only acquitted in June 2005.
Jhony Lagos, director
of the monthly newspaper
El Libertador, continued
to receive anonymous
death threats
Also in June, journalists Eduardo Maldonado, director of the TV programme
“Hable como Habla” on Canal 11, and
Esdras Amado López, director of the
radio programme “Así se Informa” on
Canal 36, faced defamation complaints
filed against them by the savings and loan
association, La Constancia, after they reported that the association had received
300 million lempiras (approx. US$ 15.7
million) from Honduras’s main government employees pension fund, Instituto
de Jubilaciones y Pensiones de los Empleados Públicos (INJUPEM), to finance
personal loans to public officials.
On 22 July, a soft drink bottling company, Embotelladora de Honduras S.A.
(EMBOHSA), filed a 30 million lempira
(approx. US$ 1.6 million) lawsuit for defamation against Jorge Canahuati Larach,
owner of La Prensa, after the newspaper
published a series of articles alleging that
a soft drink plant that EMBOHSA intended to build would damage San Pedro
Sula’s main water supply reservoir. The
case was dismissed by the San Pedro Sula
chamber of the Supreme Court on 26
July.
Canahuati, who also owns the Tegucigalpa daily, El Heraldo, was the target of
another legal action filed on 27 July by
Jaime Rosenthal Oliva, a banker and
2005
owner of the San Pedro Sula daily El
Tiempo, who claimed that front-page articles published in La Prensa on 23 and
25 July had defamed him and also put his
life in danger. The articles, titled “Rosenthal is trying to take away land belonging
to nine families in Copán” and “Rosenthal’s guard wounds neighbour defending
land”, reported about a land dispute in
Copán, western Honduras, in which a
man was wounded by a security guard
working for a bank owned by Rosenthal.
On 5 November, the local radio station Virtud Stéreo in La Virtud, Lempira
department, was forced to temporarily
suspend broadcasting after machetewielding supporters of the Liberal Party
severed its power cables, C-Libre reported. The station’s manager, Jaime Díaz, received death threats. Díaz said the actions
were linked to resentment over the fact
that the ruling National Party had bought
more airtime on his station than the Liberal Party.
Throughout the year, the journalist
Jhony Lagos, director of the monthly
newspaper El Libertador, continued to
receive anonymous death threats, which
began in December 2004. It is believed
that the threats were linked to his investiG
gate journalism.
2005
89
Mexico
Death Watch
Country (2)
By Nayeli Urquiza Haas
T
he greatest threat to press freedom
in Mexico is faceless. It comes in the
form of faceless killers who disappear into thin air and in the form of a stagnant
judicial system. Despite this, many journalists continue investigating, meeting
their “Deep Throats” in secret places and
reporting on the wars between rival drug
cartels.
The threats to freedom of speech have
changed since the 70-year rule of the
Institutional Revolutionary Party (PRI)
ended five years ago. The administration
of Vicente Fox, of the National Action
Party (PAN), has been tainted by old and
new forms of repression. While the police
obstruct reporters from gathering information, organised criminals kill them.
Los Zetas, an enforcement group of the
powerful Gulf Cartel, accused García Escamilla of having links to the drug-trafficking organisation. However, the accusation was reportedly made under torture
by members of the Federal Investigation
Agency (AFI).
On 8 April, Raul Gibb Guerrero,
owner and director of the newspaper La
Opinion in Poza Rica, Veracruz state,
died after being shot by four unidentified
men while driving home. In July, Martín
López Rojas, the alleged leader of a criminal band called “Los Chupaductos”, was
arrested in Houston, Texas, in connection with Gibb’s murder.
ing. According to a colleague, Jiménez
went to meet a “very nervous” source and
stopped answering his mobile phone after 9 p.m. On 19 April, Jiménez’s case
was taken over by federal authorities upon the personal request of President Fox.
TV journalist Jorge Cardona Villegas
of Televisa Monterrey, Nuevo Leon state,
narrowly survived an attempt on his life
on 7 February, when unidentified men
fired more than 50 shots at his house.
The journalist declined an offer of protection, but decided to go into hiding.
He had recently reported that the Los
Zetas criminal group was kidnapping
Mexican and U.S. citizens in Tamaulipas
Two journalists were
murdered and another
went missing in 2005
Journalists in the capital, Mexico City,
were generally able to report freely, but
journalists reporting on drug trafficking,
official corruption and other illegal activities in the northern states bordering the
United States and in the southern states
of Chiapas, Guerrero and Oaxaca were
increasingly targeted by those seeking to
prevent the media from exposing their
activities.
In the north, the feuds between rival
drug cartels severely hampered the work
of journalists. Mexico’s border with the
U.S. has become a “no man’s land”, where
two journalists were murdered and another went missing in 2005.
On 5 April, Dolores Guadalupe García Escamilla, a crime reporter for Stereo
91 XHNOE and host of the radio programme “Punto Rojo”, was shot nine times as she approached her radio station
in the border city of Nuevo Laredo, Tamaulipas state. She died from her injuries
on 16 April. The attack occurred about a
half hour after the station aired a report
by the crime reporter on the slaying of a
Nuevo Laredo defence lawyer. In December 2004, a member of the criminal gang
An unidentified relative of the director of La Opinion newspaper, Raul Gibb, who was gunned
down by unknown assailants, stands next to his coffin, 9 April 2005. (AP Photo/La Opinion-HO)
The motives of two other journalist
murders remained unclear. On 18 September, José Reyes Brambila, a reporter
for the newspaper Vallarta Milenio in
Jalisco state, was found dead inside the
trunk of a car belonging to the newspaper. Brambila, the brother of the newspaper’s general director, died from stab
wounds and blows to the head, police
said. On 24 October, Julio César Pérez
Martinez, a journalist for El Siglo de México, died metres from the border crossing in Reynosa, Tamaulipas state. He was
reportedly caught in the cross fire of a
gunfight between drug traffickers.
On 2 April, Alfredo Jiménez Mota, a
crime reporter for the daily El Imparcial
in Hermosillo, Sonora state, went miss-
state, which borders Nuevo León and
Texas.
Another journalist who survived an
attempt on his life was Pedro Pérez Natividad, editor of Primera Hora, a Nuevo
Laredo-based daily. A bomb exploded inside Pérez’s van, parked in front of his
home, on 10 May. Like many journalists
in the northern states, Pérez wrote about
the Gulf Cartel. The editor was not sure
drug traffickers were the perpetrators of
the attack. Nevertheless, the state’s authorities gave him police protection.
According to the Manuel Buendía
Foundation, a media watch association,
“70 per cent of the homicide and disappearance cases in the last 17 months
could be attributed to drug dealers.” In
90
Mexican journalist
Lydia Cacho is shown
as she was charged
with libel and slander for her book,
“Demons of Eden”,
which accuses a prominent businessman
of paedophilia.
She was released on
17 December 2005
after posting a
US$ 10,000 bail.
(AP Photo/
Joel Merino)
response to the violence, the General Attorney’s Office (PGR) created a special
telephone hotline, although many believed that this initiative was not enough.
International organisations, congress
members and local journalists stressed
that if impunity was to be eradicated,
journalists’ murders had to be investigated by federal authorities.
Dolores Guadalupe García
Escamilla, a crime reporter
for Stereo 91 XHNOE
and host of the radio
programme “Punto Rojo”,
was shot nine times
On 30 August, the Inter American
Press Association (IAPA) and the Publishers of the Northern Border Region, a
coalition of 40 newspaper directors, signed the Declaration of Hermosillo, in
which they agreed to unite to combat
violence against journalists in the states
bordering the United States. The declaration set forth a number of actions to be
taken, including the nomination of a
special team of investigative reporters to
continue the work of murdered colleagues and the publication of their find-
ings. On 5 October, Congress followed
this initiative and created a commission
to investigate violations against freedom
of expression. The commission said it
will work jointly with the PGR, the
National Human Rights Commission
(CNDH) and local justice authorities.
In a blow to impunity, Sinaloa state
authorities confirmed in August that they
had enough evidence to charge Abel Enriquez Zavala, the former police chief of
Escuinapa, Sinaloa state, in the November 2004 murder of Gregorio Rodríguez
Hernández, a photographer for the Mazatlán-based daily, El Debate. Six other
people were arrested in connection with
the murder. It is presumed the photographer was killed because he had pictures of
Zavala and other politicians associating
with a drug trafficker.
In Mexico’s southern states, attacks
against the press also continued throughout the year.
In June, a group of some 300 individuals belonging to the Confederación
Revolucionaria Obrera y Campesina
(CROC), a union linked to the state governor’s Institutional Revolutionary Party
(PRI), surrounded the headquarters of
Noticias, an Oaxaca-based daily newspaper, and besieged the newspaper’s staff for
33 days in an alleged labour strife. On 18
2005
July, a group of unidentified men stormed
the offices, destroyed computer equipment and ejected the 116 staff members.
It was the fourth attempt to close down
the newspaper in less than a year. The
harassment against Noticias has a personal and a political overtone, which began
eight years ago when Ericel Gómez Nucamendi, the newspaper’s director and
owner, rejected an offer to sell the majority of the daily’s shares to former PRI
governor Jorge Murat.
On 3 October, Agustín Chávez, a reporter for La Poderosa radio station, was
brutally beaten by Isaac and Franco Pacheco Perez, brothers of the former mayor of Tlaxiaco, Oaxaca state, Hugo Pacheco. The two brothers ambushed Chavez, beat him, and fled after threatening
to kill him if he continued to report on
Hugo Pacheco’s administration. Chávez
was the target of several death threats
throughout the year. Moreover, files of
his complaints to the authorities mysteriously disappeared.
On 6 November, Benjamin Fernández, host of the programme “Poder Informativo” on Radio Loma, was walking
his dog in Loma Bonita, Oaxaca state,
when a man shot at him at close range
with a submachine gun. The journalist
and former local president of the National Action Party survived the attack, despite ten gunshot wounds to his head and
body. Local authorities were unclear if
the attack was related to his journalistic
work.
Although President Fox has repeatedly
promised to protect freedom of expression, José Luis Soberanes, the National
Human Rights Commissioner, said, “His
words do not match his actions.” After
IAPA, among other free press groups,
sent special missions to Mexico in the
summer, Fox promised to appoint a special prosecutor to investigate crimes
against free expression, but nothing has
been done with regard to this matter
since then.
The relationship between Fox and the
press deteriorated further after the president publicly congratulated Mexico’s
First Lady, Martha Sahagún, for suing the
Argentinean writer Olga Wornat, whom
he called a “pseudo-journalist.” In a civil
lawsuit, Sahagún accused Wornat and
Proceso magazine for “moral damages”
after the weekly published excerpts of the
First Lady’s arguments for the annulment
2005
91
Nicaragua
of her first marriage. Wornat, the author
of “La Jefa”, an unauthorised biography
of the President’s wife, was placed under
house arrest and a judge set her bail for
US$ 10,000 dollars. Shortly afterward,
she received a death threat urging her to
leave the county. The sentencing in the
Wornat case was expected by the end of
January 2006.
Manuel Bribiesca, Sahagún’s son, followed in his mother’s footsteps and also
sued Wornat and her publisher, Random
House Mondadori, for “moral damages.”
A few weeks before Sahagún’s lawyers
filed the civil suit, Wornat launched
another book, “Crónicas Malditas,”
(“Damned Chronicles from a Desolated
Mexico”), in which she accused the president’s step-sons of nepotism.
Although President Fox
has repeatedly promised to
protect freedom of expression, José Luis Soberanes,
the National Human Rights
Commissioner, said,
“His words do not match
his actions.”
The example set by the presidential
family was followed by other civil servants. On 27 October, Enrique Zamora
Cruz, director of El Orbe in Tapachula,
Chiapas state, was arrested after Governor Pablo Salazar accused him of libel.
He was released on bail after paying a
US$ 6,000 dollar fine. The newspaper
had criticised the authorities’ response in
the wake of Hurricane Stan and for allegedly embezzling public funds intended
for emergency aid. Since the enactment
of penal code reforms in Chiapas in
2004, journalists charged with defamation can be jailed for up to nine years.
On 16 December, Lydia Cacho, a
journalist and women’s rights activist,
was arrested after businessman Kamel
Nacif Borge accused her of defamation
and libel. Cacho was arrested in Cancún,
Quintana Roo state, and immediately
transferred to a detention centre in the
central state of Puebla. Nacif told a local
newspaper that the swiftness of the arrest
warrant was due to the help of his friend,
state governor Mario Marín.
Cacho, who spent 48 hours in deten-
tion, was released after paying a U$
7,000 dollar bail, but could face four
years’ imprisonment. In her book, “Los
Demonios del Edén (“Eden’s Demons”),
the investigative journalist linked Nacif
to Jean Saccar Kuri, a U.S. hotel owner
accused of leading a prostitution network
in which several prominent businessmen
and politicians have been involved.
Although the main threats to freedom
of press in 2005 were localised in the
north and the south, police officers
throughout the country continue to be
the main obstructers of information, local NGOs said. On 7 November, Arturo
García, a journalist for the radio station,
Reporte 98.5 FM, in Mexico City, was
beaten by some 30 police officers after he
reported the arrest of a taxi driver and
commented that blocking traffic was “not
a sufficient reason” for an arrest.
In light of the presidential elections in
July 2006, the Chamber of Deputies approved an improvised Radio and Television Law, disregarding another proposal
that had been under exhaustive revision
by a special committee of Senators for
three years. Many analysts were suspicious of the fast-track approval of the law
and accused Televisa, the country’s biggest media network of lobbying for this
law in exchange for advertising space for
the election’s candidates. Media law analysts and the Federal Competence Commission (COFETEL), an anti-monopoly
regulating organ, warned that the new
reforms would favour the powerful TV
Azteca and Televisa networks over smaller radio and community stations. The
Senate stopped the initiative on 13 December.
In positive developments, the Senate
approved a law to protect the confidentiality of sources, and journalists have
fought for the right to access public records. Since its approval in 2002, the effectiveness and fulfilment of the Access to
Information Law has come under scrutiny by the media and national NGOs.
However, it proved effective on 25 July,
when the Supreme Court ruled against
seven appeals presented by government
officials who wanted to withhold information about a controversial bankruptcy
protection law for private banks. Further
progress was made in Mexico City’s local
access to information laws when legislators extended the types of government
G
records available to the public.
Death Watch
Country (1)
I
n Nicaragua, one of the poorest countries in the Western Hemisphere, radio
is the main source of news. There are
more than 100 radio stations and several
television channels. The print media represent a variety of views, but several constitutional provisions, which, among
other things, stipulate that citizens have
the right to “accurate” information, potentially qualify press freedom.
Law 732, unanimously approved by
the National Assembly in 2001, 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 would be subject to fines or imprisonment.
The Inter-American Court of Human
Rights, in a 1985 advisory opinion, ruled
that laws requiring journalists to obtain a
license or professional degree in order to
practice their profession violated the
American Convention of Human Rights.
Enrique Bolaños, who
was sworn in as president
in January 2002, has
proven to be less confrontational toward the media
than his predecessor,
Arnoldo Alemán
President Enrique Bolaños, who was
sworn in as president in January 2002,
has proven to be less confrontational toward the media than his predecessor, Arnoldo Alemán, who was found guilty of
fraud and sentenced to 20 years’ imprisonment in December 2003.
One journalist was killed in Nicaragua
in 2005. On 14 August, Rony Adolfo
Olivas Olivas, a correspondent for the
Managua-based daily, La Prensa, was shot
dead in the city of Estelí, 150 km north
of Managua. Olivas also reported for the
radio station Liberación and was president of the Estelí branch of the Nicaraguan Journalists Union (Unión de Periodistas de Nicaragua – UPN). Authorities initially said Olivas was shot during an
argument with a taxi driver, Santos Ro-
92
2005
arrival. The shooting took place near a
vote counting office during a clash between supporters of President Bolaños’s
Alliance for the Republic (APRE) and the
Constitutionalist Liberal Party (PLC).
On 22 May, Heberto Jarquín Manzanares, a correspondent for La Prensa in
the Autonomous Region of Atlántico
Norte, received a death threat. According
to Jarquín, an unknown individual warned the journalist that “a price had been
put on his head.” Jarquín believed Evaristo Rivas Sánchez, ex-commander of
the Frente Unido Andrés Castro, a now
defunct paramilitary organisation, was
behind the threat. The journalist had
recently written an article accusing the
former paramilitary leader of illegal activities.
The prosecutor general of Nicaragua, Julio Centeno Gomez, speaks to journalists during
a protest demanding justice for the murder of journalist Maria Jose Bravo in front of the
District Attorney’s office in Managua, Nicaragua, 18 January 2005. (AP Photo/Esteban Felix)
Journalists and jurists, on monitors, participate in a debate transmitted nationally
by eight television and 200 radio stations to discuss media rights in Managua,
Nicaragua, 21 January 2005.
(AP Photo/Esteban Felix)
berto Osegueda Palacios, who gave himself up on 18 August. However, Olivas
had recently written articles on drug trafficking and also received death threats,
leading Nicaraguan journalists’ organisations to believe he might have been killed
because of his reporting.
Olivas was the third Nicaraguan journalist – after Carlos José Guadamuz of
the TV station Canal 23 and María José
Bravo of La Prensa (both of whom were
killed in 2004) – to be murdered in the
past two years.
On 26 January, Judge Rosa Inés Osorio of the Juigalpa Criminal Court found
former mayor Eugenio Hernández González guilty of having killed Bravo. Hernández was later sentenced to 25 years in
prison.
Bravo was shot at point-blank range
on 9 November 2004 while covering a
dispute between two rival right-wing factions during vote counting in municipal
elections in the north-eastern city of Juigalpa, Chontales department. She was taken to hospital, but declared dead upon
Manuel Guillén, a political
cartoonist for La Prensa,
received several dozen death
threats by e-mail
In June, the Inter American Press Association (IAPA) said that Manuel Guillén, a political cartoonist for La Prensa,
received several dozen death threats by email in response to one of his cartoons,
which lampooned Daniel Ortega, leader
of the Sandinista National Liberation
Front (FLN). Heberto Jarquín Manzanares, a correspondent for La Prensa in the
town of Rosita, 220 km northeast of Managua, also received threats after publishing articles on alleged irregularities in the
appropriation of land, IAPA said.
On 15 June, the General Taxation Division (Dirección General de Ingresos –
DGI) temporarily closed down the magazine Trinchera de la Noticia for alleged
evasion of taxes. Trinchera de la Noticia is
known for its support of former president
Alemán, and some media groups believed
the magazine was shut down because of
its political stance. The magazine’s general manager, Emilio Núñez, said that after
President Bolaños came to power, the
magazine began facing reprisals for its
reporting on government corruption. In
2002, soon after Bolaños was sworn in as
president, the DGI shut down Radio La
Poderosa, which supported Alemán and
G
was founded by Núñez.
2005
93
Panama
M
artín Torrijos Espino, who took
office as President in September
2004, has promised to tackle corruption
and investigate alleged human rights violations committed under the rule of his
father, former military leader General
Omar Torrijos, and General Manuel
Noriega.
On 16 May, press freedom groups
welcomed the unanimous approval by
the National Assembly of a bill, which
was signed into law by Martín Torrijos in
July, that eliminates the country’s infamous “desacato” (insult) provisions, Laws
11 and 67 of 1978. The new law, 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. For
example, the new law makes an exception
for certain public officials, as defined in
Article 33 of the Constitution, and contains a “right of reply” provision, which
states, “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.” The clarifications
or replies must be published or broadcast
within one day and with the same prominence.
Press freedom groups
welcomed the unanimous
approval by the National
Assembly of a bill, which
was signed into law by
Martín Torrijos in July,
that eliminates the
country’s infamous “desacato” (insult) provisions
Moreover, two articles of the penal code still make it a criminal offence to insult the president or state institutions.
Article 307 states, “Those 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, “Those 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 25 January, Pablo O’Brien Cuadros of the Lima-based newspaper El Comercio, faced legal action after the 13th
District Prosecutor’s Office in Panama
City admitted a case against him, the Instituto Prensa y Sociedad (IPYS) reported. O’Brien was accused of “acting against
the public faith and falsifying information.” The complaint was initially filed
against O’Brien on 9 July 2004 by Bavaria, a Colombian beer company, through
its representative, Jaime Lombana, after
El Comercio published an article regarding an alleged bribe paid by the company
to one of the advisers of Peruvian President Alejandro Toledo.
Supreme Court Justice
Winston Spadafora filed a
criminal defamation complaint against journalist
Jean Marcel Chéry
In July, Supreme Court Justice Winston Spadafora filed a criminal defamation
complaint against journalist Jean Marcel
Chéry of the Panama City-based newspaper, La Prensa. The charges stemmed
from an 18 July article reporting that
Attorney General Ana Matilde Gómez
had said that judges should render accounts for their decisions. Gómez proposed the creation of autonomous offices
to evaluate the conduct of justice system
officials, including Supreme Court judges. In the article, Chéry also questioned
several Supreme Court decisions, including one that annulled a US$ 2 million
debt owed by businessman Jean Figali, a
prominent friend of former president
Mireya Moscoso, to the Inter-oceanic
Regional Authority (ARI), a government
agency that administers the former Canal
Zone.
In another case, Spadafora filed a civil
lawsuit in August seeking US$ 2 million
in damages from the daily newspaper El
Panamá América and the confiscation of
Chéry’s salaries, amounting to US$
18,753. In 2001, Chéry, then working
for Panamá América, and Gustavo Aparacio published an article in Panamá América, which questioned the construction,
using public monies, of a road leading to
property owned by two government officials: Spadafora, who at that time was
Minister of Justice, and Alvin Weeden,
the Comptroller General. Following publication of the report, Spadafora filed
criminal libel charges against the two reporters, who were found guilty in August
2003 and sentenced to one year in prison, later commuted to payment of a fine.
On ending her term of office, then President Mireya Moscoso pardoned the two
journalists. Spadafora is now proceeding
with a civil suit.
In November, two journalists, Rafael
Antonio Ruiz and César Iván Castillo of
the daily El Siglo, were sacked for refusing
to name their source. They were fired on
14 November, following the publication
in that day’s issue of an article alleging
that Juan de León, a member of President
Torrijos’s personal security staff, was
implicated in a drug trafficking case, the
Paris-based Reporters Without Borders
(RSF) said. On the day the story appeared, one of the newspaper’s main shareholders, Abdul Waked, ordered Ruiz to
name his source. When Ruiz refused, he
G
and Castillo were sacked.
94
Paraguay
P
araguay’s print and electronic media
are mostly privately-owned, often
with close ties to political parties, particularly former dictator Alfredo Stroessner’s
ruling National Republican AssociationColorado Party (ANR), which has governed the country without interruption
since 1947.
President Nicanor Duarte Frutos, a
former journalist and education minister,
who was sworn in as president in August
2003, has won praise for reforming the
Supreme Court, but he also faces growing pressure in the light of rising crime.
The Paraguay Union
of Journalists (SPP) complained about the increasing number of attacks
against journalists
The Paraguay Union of Journalists
(SPP) complained about the increasing
number of attacks against journalists. Reporters, especially those who attempt to
expose corruption, or cover strikes and
protests, often face intimidation, physical
attacks and even death threats. Media
outlets also suffer from restrictions on access to information and legal harassment,
including criminal defamation charges,
which have led to much self-censorship.
In May, the Inter American Press Association (IAPA) expressed concern over
the decision of the House of Representatives to revive the debate on a bill, the
“Law on Professional Councils and Trade
Associations”, which would stipulate that
journalists must be members of a trade
association, or “colegio”, in order to practice their profession. According to the
proposed law, the trade association would
have the power to make decisions regarding “the issuing, renewing, suspension,
and cancellation” of a journalist’s licence.
“The introduction of mandatory licensing of journalists contravenes the rights
to freedom of expression and the press,
which includes the right to seek and disseminate information, by limiting the
profession to only those who are members of the association or have a university degree,” IAPA said.
The Inter-American Court of Human
Rights, in a 1985 advisory opinion, ruled
that laws requiring journalists to obtain a
license or professional degree in order to
2005
Peru
practice their profession violated the
American Convention of Human Rights.
On 2 August, the Catholic community radio station Quebracho Poty, based in
Puerto Casado, Alto Paraguay, was the
target of a bomb attack, the World Association of Community Radio Broadcasters (AMARC) reported. No one was
hurt in the incident, but the station was
temporarily prevented from broadcasting. Quebracho Poty had supported the
government’s expropriation of land in
Puerto Casado owned by the Reverend
Sun Myung Moon’s Unification Church.
Another community radio station,
Ñemity FM in the city of Capiibary, San
Pedro department, was shut down by the
authorities on 26 August. AMARC condemned the closure of the station and the
seizure of its equipment by the Curuguaty Public Prosecutor, who arrived at the
station early in the morning accompanied by National Telecommunications
Commission (CONATEL) officials and
over 200 police officers.
CONATEL said the action was carried out because the radio station did not
have a broadcasting license. However, the
station claimed it had a temporary operating permit from the authorities and had
provided CONATEL with the documents necessary to obtain a license.
On 2 August, the Catholic
community radio station
Quebracho Poty, based in
Puerto Casado, Alto
Paraguay, was the target
of a bomb attack
On 10 October, Nicolás Sotelo, director of the community radio station, FM
San Juan, in San Juan del Paraná, Itapúa
department, was brutally beaten and
threatened by local mayor Aldo Lepretti.
The mayor, who was apparently angered
by the station’s critical reporting, stormed
into the station and punched and kicked
the journalist, breaking his nose. He also
G
threatened Sotelo with a revolver.
P
resident Alejandro Toledo, who succeeded Valentin Paniagua, Peru’s caretaker president after the dismissal in
2000 of disgraced former leader Alberto
Fujimori, saw his approval ratings plummet amid a series of scandals.
The media has enjoyed an improved
press freedom environment since Fujimori’s toppling. During his rule, journalists were subjected to a systematic campaign of persecution. In addition to
threats and violent attacks, favourite methods of intimidating the media included
trumped-up tax evasion charges and government-sponsored articles in the tabloid
press attacking critical journalists.
Toledo’s falling ratings
have led to a more strained
relationship between the
government and the media
However, Toledo’s falling ratings have
led to a more strained relationship between the government and the media.
Moreover, defamation remains a criminal
offence and is frequently used by politicians, local officials and other public figures to harass journalists and media outlets. Physical assaults against journalists,
particularly those reporting on events in
the country’s interior, were commonplace
in 2005.
In July, the Inter American Press Association (IAPA), among others, expressed
concern over a law on national intelligence, the Law on the National Intelligence
System and the National Intelligence Directorate (DINI), which was approved by
Congress on 23 June. The law impeded
citizens’ rights to access information, free
press advocates said.
The new law increased the number of
exceptions established under the current
law on access to information, raising from
five to 10 years the period that must lapse
before confidential information can be
obtained, and allowing DINI, the National Intelligence Council, the Ministry of
Defence, the Ministry of the Interior, and
the General Administration on Security
and Defence of the Ministry of Foreign
Relations, to create their own guidelines
for classifying and declassifying documents.
“Far from promoting transparency,
the law places obstacles on accessing information of public interest in a prompt
2005
manner and limits the effectiveness of the
Law on Transparency and Access to Public Information (No. 27806), whose approval in 2002 set a precedent for the
passing of similar laws in other Latin
American countries,” IAPA said.
The Lima-based Institute for Press
and Society (Instituto Prensa y Sociedad
– IPYS), among others, reported numerous press freedom violations throughout
the year, including violent attacks on
journalists by farmers’ or workers’ groups,
demonstrators, police officers, and security guards. Other journalists were threatened, intimidated and physically assaulted by public officials or their relatives because of their investigative reporting.
On 19 January, Julio Jara Ladrón de
Guevara, editor and publisher of El Comercio in the city of Cusco was convicted
of criminal defamation charges brought
by a former regional government official,
Rafael Córdova. He received a one-year
suspended sentence.
Two British freelance
journalists, Sally Bowen
and Jane Holligan, were
found guilty of criminal
defamation
On 4 February, the Madre de Dios Superior Court rejected an appeal filed by
radio journalist Luis Aguirre Pastor and
upheld a sentence that banned the journalist from practicing his profession for
one year. Aguirre, director and host of the
radio news programme “La Voz de Madre
de Dios” in Puerto Maldonado, was convicted of defamation in 2003. He was
sentenced to two years in prison, and ordered to pay US$ 3,000 in damages. The
prison sentence was immediately suspended. The court banned Aguirre from working as a journalist because he did not
have a university degree and was not a
member of a journalists’ association.
On 17 March, unidentified individuals forced their way into La Inolvidable
radio station in Sicuani, 120 km from
Cusco, and stole equipment and files
from the station. The station’s director,
Salvador Durand Aguilar, told IPYS that
the incident may have been linked to La
Inolvidable’s investigative reporting.
On 5 April, Miguel Ángel Carpio Tananta, a reporter for the television pro-
gramme “El Informe” in the city of Tocache, was forced to flee the region after being warned of a plan to assassinate him.
According to the journalist, the order to
kill him came from the leaders of a national coca farmers’ group, who accused
the journalist of handing over to the government incriminating video footage of
one of their leaders, Nancy Obregón.
On 18 April, Raúl Vela Carhuas, a
reporter with the daily El Pregonero in
Huánuco, claimed to have received death
threats from José Antonio Muñoz Cárdenas, the head of a public works programme. The journalist said he believed
the threats were linked to his investigative
reporting.
Two British freelance journalists, Sally
Bowen and Jane Holligan, were found
guilty of criminal defamation on 4 May.
The charges stemmed from a reference to
high-profile businessman Fernando Zevallos in their 2003 book, “The Imperfect Spy”, about Peru’s former intelligence chief, Vladimiro Montesinos, who was
imprisoned in 2002. In the book, a jailed
informant of the U.S. Drug Enforcement
Administration (DEA) was quoted as
saying Zevallos was a drug trafficker who
had close ties to Montesinos.
Judge Alfredo Catacora Acevedo ordered the two journalists and their publisher to pay 10,000 Peruvian soles (approx.
US$ 3,000) to Zevallos. He also sentenced the journalists to one year probation.
In 2001, Zevallos, founder and former
owner of the Peruvian airline, AeroContinente, faced charges for complicity with
drug traffickers, but was acquitted the
next year for lack of evidence. In 2004,
U.S. immigration authorities banned
Zevallos from entering the United States.
On 15 July, Mabel Cáceres Calderón,
editor and publisher of the weekly magazine El Búho in Arequipa, was sentenced
to a year in prison after being accused of
defamation by Rolando Cornejo Cuervo,
president of the University of San Agustin (UNSA), and his attorney, Miguel
Sierra Lopez. Several local and international press freedom groups condemned
the decision. “It is clear Cáceres is the victim, not the aggressor, in this case, and
that she deserves the state’s protection, as
the international treaties your country has
signed dictate,” the U.S.-based World
Press Freedom Committee (WPFC) said.
On 23 July, radio journalist Luis Alberto Ochoa Muñoz, director of the pro-
95
gramme “La Voz del Pueblo”, was reportedly the target of a murder attempt by
Mario Ccama Chacón, municipal manager of the Santa Teresa district in Cusco.
The journalist was reporting on alleged
mismanagement by Ccama when the latter suddenly appeared at the radio station
and shot at Ochoa. Ccama was detained
by station personnel until he was apprehended by police.
In August, another journalist, Hugo
Gonzáles Hinostroza, a reporter for the
daily Expresión in Huaraz, received several telephone calls warning him to stop
investigating the 2004 murder of journalist Antonio de La Torre Echeandía, or
risk being killed.
Mabel Cáceres Calderón,
editor and publisher
of the weekly magazine
El Búho in Arequipa, was
sentenced to a year in
prison after being accused
of defamation
Antonio de la Torre Echeandía, host
of the programme “El equipo de la noticia” on Radio Órbita in the city of Yungay, Áncash department, was stabbed to
death by two men as he was returning
home from a party on 14 February 2004.
De la Torre was a harsh critic of the mayor of Yungay, Amaro León León, who
was charged with masterminding the
murder. On 15 December, the Áncash
Superior Court of Justice found León
guilty in the journalist’s murder and sentenced him to 17 years in prison. The
court also handed down 17-year jail terms
to two other defendants.
On 18 October, the Ninth Criminal
Court of La Libertad region sentenced
journalists Rolando Rodrich Sarango and
Luis Fernando Bahamonde Amaya, director and editor, respectively, of the Trujillo-based daily Correo, to two years probation for criminally defaming Jorge Benítes Vásquez. On 22 May, Correo had reported that Benítes had been hired to
work on Peru’s Chavimochic irrigation
project, despite the fact that he was facing
G
a number of lawsuits.
96
Suriname
P
resident Ronald Venetiaan was reelected in August by members of a
regional assembly, ending months of political deadlock in this tiny South American state, formerly known as Dutch
Guiana. Neither Venetiaan, nor his rival,
former dictator Desire (Desi) Bouterse,
received the necessary two-thirds majority to become president in parliamentary
elections in May. Venetiaan’s New Front
(NF) coalition returned 23 MPs, but not
enough needed to elect a president.
Bouterse’s National Democratic Party
(NDP) obtained 15 seats, doubling its
representation. It was left to the regional
assembly to decide the outcome.
Bouterse, who ruled over Suriname
from 1982 to 1987, was convicted in
absentia of drug trafficking by a Dutch
court and sentenced to 11 years in jail in
1999. He is also one of more than 30
people accused of participating in the
December 1982 massacre of 15 political
opponents, including five journalists,
who were executed at Fort Zeelandia in
the capital, Paramaribo. In December
2004, it was announced that a military
court had indicted Bouterse and 25 others for the 1982 massacre. Six other suspects in the case would not face trial for
lack of evidence, the prosecutor’s office
said.
The court judgment
against De West “contravened conventional judicial
parameters with respect
to court-ordered retractions
of erroneous publications,” the journalists’
association said
Suriname’s media – there are two daily
newspapers, De Ware Tijd and De West,
which are privately-owned, as well as several commercial and state-run broadcast
media – generally enjoy freedom of the
press, as provided for in the constitution,
but tend to avoid reporting on sensitive
issues, including drug trafficking and human rights abuses that took place during
Bouterse’s dictatorship.
In December, the Association of Caribbean Media Workers (ACM) expressed its concern after De West was ordered
to publish in other media, including De
Ware Tijd, a correction to one of its stories. The court judgment against De West
“contravened conventional judicial parameters with respect to court-ordered retractions of erroneous publications,” the
journalists’ association said in a 24 December press release. “In our view, the
requirement that De West rectify inaccurate remarks about the Suriname Currency Board in media other than the original publication exceeds typical international remedies in matters of this kind.
Such an injunction not only imposes excessive punishment on the part of De
West, but has implications for the right of
other media, De Ware Tijd in the first
instance, to exercise its freedom to pubG
lish content of its own free choice.”
2005
United States
of America
I
t was another troublesome year for the
U.S. media, with one journalist, Judith
Miller of The New York Times, spending
85 days in prison for refusing to disclose
a confidential source. Throughout the
year, other journalists were also under
pressure to reveal their sources. Jim Taricani, a TV reporter from Providence,
Rhode Island, who was sentenced to six
months’ house arrest in December 2004
for refusing to divulge the name of a
source, was released in April, two months
before his sentence was set to end.
Other issues that occupied U.S. journalists during 2005 included restrictions
on reporters’ access to information, in
particular in the wake of Hurricane Katrina, and the continuing hostilities in
Iraq, where at least 23 reporters were killed, several by fire from U.S. soldiers. A
number of Iraqi reporters and media staffers were also detained by U.S. forces for
prolonged periods without charge or due
process.
On 6 July, Chief Justice Thomas F.
Hogan of the U.S. District Court in
Washington, D.C., jailed Judith Miller, a
reporter for The New York Times, for contempt of court after she refused to reveal
her source to a federal grand jury investigating the 2003 leak of CIA operative
Valerie Plame’s identity. Hogan ordered
the journalist held in a Washington-area
jail until October, or until she agreed to
testify. Another journalist, Time magazine correspondent Matthew Cooper, who
also faced contempt charges in the same
case, agreed to testify after his source gave
him “personal consent” to discuss their
conversations. Time magazine, which was
also found in contempt, agreed to hand
over notes and other material sought by
the special prosecutor in the case, U.S.
Attorney Patrick J. Fitzgerald.
Miller had been held in contempt of
court on 7 October 2004 and ordered jailed by Judge Hogan, who also fined her
US$ 1,000 a day until she was willing to
reveal the identity of her sources. Cooper
was ordered to jail on 13 October 2004,
while Time was fined US$ 1,000 a day as
long as Cooper refused to testify in court.
However, the penalties were stayed pending appeals by the journalists.
The avenue for appeals ended on 27
June after the U.S. Supreme Court reject-
2005
ed an appeal filed by the two journalists,
despite the fact that the attorneys general
of 34 states filed petitions in favour of the
journalists, arguing that there was a vital
public interest in allowing journalists the
right to protect their sources.
Valerie Plame’s identity was first revealed by syndicated columnist Robert Novak, who identified the CIA operative in
a July 2003 column, attributing the information to two unnamed “senior administration officials.” Novak’s column
came eight days after Plame’s husband,
former diplomat, Joseph C. Wilson IV,
wrote an op-ed piece in The New York
Times that challenged the Bush administration’s allegations that Iraq was attempting to buy uranium for nuclear weapons
in Africa. Although Cooper wrote about
the disclosure, Miller only conducted interviews. Wilson and others believed the
White House leaked Plame’s name in retaliation for his criticism of the administration. The disclosure of an undercover
CIA officer is potentially a federal crime
under the Intelligence Identities Protection Act of 1982.
Chief Justice Thomas F.
Hogan of the U.S. District
Court in Washington,
D.C., jailed Judith Miller, a
reporter for The New York
Times, for contempt of
court after she refused to
reveal her source
The jailing of Miller met with widespread outrage among press freedom advocates. “I am truly disturbed that the
court has seen fit to imprison a journalist
for practicing her profession,” Johann P.
Fritz, Director of IPI, said. “This case
seems to be the opening salvo in what
will become a long running battle by the
federal authorities in the United States to
force journalists to reveal their confidential sources.” Ann Cooper, Executive Director of the New York-based Committee
to Protect Journalists (CPJ), said, “The
U.S. prosecutor and courts have sent a
terrible message that has reverberated across the world. From Egypt to Cameroon
to Venezuela, this case has been cited to
justify the jailing of journalists.”
97
Time Magazine journalist Matt Cooper arrives at Federal Court in Washington
with his wife Mandy Grunwald, 6 July 2005. (AP Photo/Gerald Herbert)
After almost three months in prison,
Miller was freed on 29 September after
agreeing to testify. She had reportedly obtained a personal waiver from her source,
I. Lewis “Scooter” Libby, Vice President
Richard Cheney’s chief of staff, releasing
her from any pledge of confidentiality.
On 9 April, Jim Taricani, an investigative reporter with WJAR television in
Providence, Rhode Island, was freed two
months before the end of his six months’
house arrest. U.S. District Judge Ernest
Torres had found Taricani guilty of criminal contempt on 17 November 2004 for
refusing to divulge the name of the source
who provided him with an undercover
surveillance tape showing an aide to former Providence mayor Vincent “Buddy”
Cianci taking a bribe. The tape, aired in
2001, was used in the federal corruption
trial of Cianci, who was sentenced to five
years and four months in prison in 2002.
On 9 December 2004, Judge Torres sentenced Taricani to six months’ home confinement. Under the terms of the sentencing order, Taricani, who had a heart
transplant in 1996, was only allowed to
leave his home to see a doctor. Less than
a week after Taricani was convicted, Providence lawyer Joseph Bevilacqua admitted under oath that he had provided the
journalist with the surveillance tape.
On 28 June, the U.S. Court of Appeals
for the District of Columbia Circuit up-
held contempt of court findings against
four journalists - James Risen of The New
York Times, Robert Drogin of the Los Angeles Times, H. Josef Hebert of the Associated Press, and Pierre Thomas, formerly of CNN – who refused to reveal their
sources in a civil lawsuit filed by former
U.S. nuclear scientist Wen Ho Lee, who
was once accused of spying for China.
The appeals court reversed the contempt
finding against another journalist, Jeff
Gerth of The New York Times, saying
there was insufficient evidence against
him. A sixth journalist, Walter Pincus of
the Washington Post, who was subpoenaed after the others, was held in contempt
by a federal judge in November.
New Orleans police
reportedly used excessive
force against reporters on
several occasions
In August 2004, U.S. District Court
Judge Thomas Penfield Jackson had fined
Risen, Drogin, Hebert, Thomas and
Gerth US$ 500 each for every day that
they continued to conceal their sources
for their stories about Wen.
After Hurricane Katrina struck New
Orleans and the Gulf Coast states in August, killing hundreds of people and causing mass destruction, media outlets com-
98
New York Times journalist Judith Miller arrives at Federal Court in Washington,
6 July 2005. Miller and Time magazine reporter Matt Cooper faced jail for contempt
of court for refusing to divulge their sources who identified Valerie Plame
as a CIA operative.
(AP Photo/Gerald Herbert)
plained about restrictions on their ability
to report on the events. The much criticised Federal Emergency Agency (FEMA)
urged media outlets not to photograph
dead bodies. Furthermore, New Orleans
police reportedly used excessive force
against reporters on several occasions. According to sources, police threatened and
harassed journalists, sometimes seizing
their film or equipment.
News organisations also complained
about government attempts to tighten
control on information to the public in
the aftermath of the hurricane. The U.S.
Reporters Committee for Freedom of the
Press blamed the government’s information policy since September 11, 2001, for
“the dearth of information coming out of
Louisiana and Mississippi about unnecessary deaths, environmental damage, chemical spills, and government mismanagement in the wake of Hurricane Katrina.”
In December, IPI expressed its concern that the Pentagon was hiring third
parties to place positive stories about the
war in Iraq in that country’s newspapers.
According to a 30 November article in
the Los Angeles Times, titled, “The Conflict in Iraq: U.S. Military Covertly Pays
to Run Stories in Iraqi Press,” the U.S
military was writing pro-American articles, translating them into Arabic, and
having them published in newspapers in
Iraq’s capital, Baghdad. The Los Angeles
Times’s article suggested that a number of
Iraqi newspapers were involved. Some
newspapers published the stories as news
articles, while others labelled them as
“advertisements”, without informing readers that the stories originated with the
U.S. military. According to the Los Angeles Times, newspapers received financial
inducements to run the stories.
IPI expressed its concern
that the Pentagon was
hiring third parties to
place positive stories about
the war in Iraq in that
country’s newspapers
“The Pentagon’s decision to disseminate information in this manner is reminiscent of its initiative, shortly after the
September 11, 2001 terrorist attacks, to
create an Office of Strategic Influence
(OSI) that would develop news stories
containing disinformation for foreign
media organisations,” Johann Fritz said.
“IPI believes that the use of such methods
will cause great harm to the Iraqi media
environment, as well as to the credibility
2005
and reputation of the U.S. Moreover, if
left unchecked, it might also have a detrimental impact on the political and media
institutions within the U.S. itself.”
Unlike 2004, when no U.S. reporters
were killed in Iraq, one American journalist died in Iraq in 2005. Steven Vincent, a freelance journalist, was shot to
death by unknown assailants on 2 August, hours after he was abducted at gunpoint by five men in a police car in Basra.
His body was found on the side of a highway leading out of the city. Vincent had
been in Basra for several months, carrying out research for a book on the city
and reporting for The New York Times
and the Christian Science Monitor. On 30
July, four days before his death, The New
York Times published an article in which
Vincent voiced strong criticism of Basra’s
police forces, prompting suspicion that
his murder may have been in retaliation
for his investigative reporting.
In addition to Vincent, at least 23 foreign and Iraqi journalists were killed in
Iraq, several by fire from U.S. forces. According to CPJ, among others, the U.S.
military consistently failed to probe these
killings. Several Iraqi reporters and photographers were also detained by U.S.
forces for prolonged periods without
charge or due process. At least four Iraqi
journalists were reportedly still in U.S.
G
custody at year’s end.
2005
99
Uruguay
T
abaré Vázquez, a former mayor of
Montevideo, was sworn in as Uruguay’s first left-wing head of state on 1
March after defeating the ruling Colorado Party’s candidate in the October
2004 presidential elections. On taking
office, he restored relations with Cuba,
announced an emergency plan to tackle
poverty, and promised an investigation
into the disappearances that occurred during the 1973-85 military dictatorship.
The country’s media, still reeling
under the impact of Uruguay’s 2002 economic crisis, are generally able to operate
freely. However, the continued existence
of provisions in the press law that regard
defamation, libel and insult as criminal
offences remains a Damocles’ sword hanging over the heads of journalists, leading
to some self-censorship. As in Argentina,
advertising is often used by the government to either reward or punish media
outlets.
Uruguayan journalist
Marcelo Borrat speaks during a news conference in
Montevideo, Uruguay, 19
October 2005. The journalist was abducted and cut in
the face on 18 October by
three unknown assailants.
(AP Photo/Diario El Pais)
In June, President
Vázquez said his government had no interest in
influencing the press
On 26 May, Vice President Rodolfo
Nin Novoa told Uruguay’s Congress that
the government was willing to review the
criminal defamation provisions and to
define “transparent criteria” for the placement of official advertising,” the Inter
American Press Association reported. In
June, President Vázquez said his government had no interest in influencing the
press.
Press freedom advocates also welcomed
several high court rulings that overturned
lower court decisions adverse to freedom
of expression and of the press.
On 7 February, police raided the home
of radio host Dostin Armand Pilón in
search of tape recordings of a broadcast
by Radio Centro in Cardona, 180 kilometres northeast of Montevideo. In his
programme, “Doble Vía”, Pilón, who also works for the local newspaper Centernario, had reported about alleged child
prostitution in the area, implicating
members of the local police department.
In March, Pablo Fernández, an investigative reporter for Radio 41 and the
daily newspaper Primera Hora in San
José, the capital of San José department,
received a death threat, allegedly on the
orders of a jailed civil servant. According
to Fernández, an unidentified individual
visited the Primera Hora newsroom, saying he had a message for the journalist.
The man warned Fernández that a hired
assassin would be coming to execute him.
Marcelo Borrat was abducted and beaten by
three masked men, who
threatened to kill him
The jailed civil servant, Marianela Viana, a former director at Uruguay’s Instituto de la Infancia y la Adolescencia Uruguaya (INAU), was implicated in an embezzlement scandal in 2002, and Fernández, among other journalists, closely covered the scandal. The death threat against
Fernández was only the latest in a campaign of harassment and intimidation
against the journalist because of his investigative reporting on corruption involving local civil servants.
On 17 October, former broadcast
journalist Marcelo Borrat was abducted
and beaten by three masked men, who
threatened to kill him. Borrat was driving
home in Montevideo when the three armed assailants stopped him and forced
him to get in their car. He was then taken
to a nearby beach, beaten and told to destroy alleged recordings in his possession.
Borrat, the former host of the programme, “Juramento Hipocrático”,
broadcast by 1410 AM Libre, and his
co-host, Gustavo Martínez, had received
death threats in May after investigating
alleged corruption in the public health
care system. He was sacked and his programme cancelled in September after he
read on air complaints by TV Libre’s employees’ union. Both AM Libre and TV
Libre are part of the media company,
Multimedio Plural, which is owned by
the Argentinean businessman, Federico
G
Fasano.
100
2005
Venezuela
Watch List Country
By Nayeli Urquiza Haas
T
he administration of President Hugo
Chávez tightened its grip on the
press in 2005, while groups close to the
government, including the so-called “Círculos Bolivarianos” (Bolivarian Circles),
hampered journalists’ ability to report.
President Chávez’s government introduced harsher penalties for libel, defamation and “desacato” (insult), which resulted in a growing number of journalists ap-
On 10 January, Patricia Poleo, a columnist for the Caracas-based newspaper
La Nueva Opinión, was called to testify in
the case of former Attorney General
Danilo Anderson, who was killed in car
bomb attack in November 2004. Anderson was in charge of investigating the
coup d’état that briefly deposed Chávez
in 2002. According to Poleo’s reports,
published in December 2004 and January 2005, Anderson had allegedly extorted several lawyers and prosecutors in exchange for halting the investigation. Poleo was charged with violating anti-corruption laws and the illegal disclosure of
documents from an on-going investigation. On 28 January, officers raided her
Like Poleo, Ibeysé Pacheco, director of
Así es la Noticia, a Caracas-based daily, faced more than one trial in 2005 and was
criminally charged after testifying as a
witness. On 8 April, the Attorney General’s Office accused Pacheco of false testimony because she allegedly told Zeta magazine a different version of her court testimony about a story she published in
May 2003 regarding a meeting in which
the president, vice president and other
cabinet ministers allegedly planned to
murder opposition members. Pacheco also appealed a 2004 prison sentence for
criminal libel, but it was rejected at the
beginning of 2005.
Napoleón Bravo, an anchor for the
television network, Venevisión, was charged on 1 March with “incitement to hate” José Vicente Rangel Seijo, the son of
Sucre mayor José Vicente Rangel Ávalo
and grandson of Vice President José Vicente Rangel. If sentenced, he faced up to
six months in prison.
President Chávez’s government introduced harsher
penalties for libel, defamation and “desacato” (insult)
In this photograph, released by Venezuela’s Miraflores Press, Venezuela’s
President Hugo Chavez is interviewed in the studios of Telesur in Caracas,
Venezuela, 1 November 2005.
(AP Photo/Miraflores Press, Francisco Batista)
pearing before the courts. The controversial Social Responsibility Law also went
into effect in 2005, underlining the decline of freedom of expression in Venezuela.
International organisations condemned the legal restraints used to silence
journalists, but President Chávez and his
cabinet ministers disregarded them. Instead, they took every chance to verbally
attack those not aligned with the official
position. Officials at all levels of government found ways to accuse the media of
“terrorism, treason, pro-Americanism,
and subversive behaviour.”
home and seized files from her computer.
Poleo, known as one of the government’s
harshest critics and an active member of
the opposition, vowed not to reveal her
sources.
On 12 April, Poleo was sentenced to
six months in jail for defaming Interior
Minister Jesse Chacón, who accused the
journalist of “inciting aggression against
him.” The political persecution of Poleo
reached its climax on 11 November, when
the prosecutor accused her of being one
of the masterminds behind Anderson’s
murder.
On 29 April, Marianella Salazar, a columnist for the daily newspaper El Nacional, was accused of slandering Vice
President Rangel and the Governor of
Miranda state, Diósdado Cabello. Salazar
wrote two columns, on 11 and 18 June
2003, claiming that Rangel and Cabello
received illegal money from a private
company. If convicted, she faced up to
two and a half years in prison.
In July, Attorney General Isaías Rodríguez Díaz opened a criminal investigation against the Caracas-based newspaper
El Universal for “insulting” the national
prosecutor in an editorial that criticised
his office and the judiciary. In its 25 July
edition, El Universal published a frontpage editorial titled, “Justicia arrodillada”
(Justice on its Knees), which argued that
the Attorney General’s Office and the
country’s courts were losing their legitimacy.
The year ended with a journalist sentenced to jail for libel and slander. Carlos
Gibson, radio host of the show “Sin Bozal” (Without Muzzle), broadcast by Maxima 99.5, was sentenced to 11 months
2005
in prison. The plaintiff was Orlando Aguilar, a prominent businessman in the city
of Guayana, Bolivar state. As a first time
offender, he was put on probation and
will have to report to a bailiff officer
twice a month.
The future for press freedom in Venezuela looks even bleaker since the reforms
to the Criminal Code took effect on 16
March. The amendments expanded the
categories of government officials protected by “desacato” provisions to include
members of the National Electoral Council, the Military High Command, the Attorney General, the Human Rights Ombudsman, and the Republic Treasury Inspector. Anyone who “offends the honour” of these public officials could face
up to 20 months in jail, or even 40 if the
verdict determines it was an aggravated
insult of high-profile government officials, such as the President, Vice President,
State Governor, Supreme Court Judges,
Cabinet Ministers, or the Mayor of
Caracas.
101
and opinion programmes off the air.
The Ministry of Communications
and Information, together with CONATEL, participated in Chávez’s increasingly repressive agenda. On 12 May, CONATEL temporarily shut down the community radio station Radio Alternativa
de Caracas, claiming they did not have a
permit to operate. They raided the station’s premises and seized the station’s
transmitter. The radio station was forced
off the air for two hours, but resumed its
activities with a provisional transmitter.
On 3 June, Judge Luis Ortiz annulled
a $US 120,000 fine imposed by CONATEL against Globovisión for allegedly
evading taxes. However, days after the
Armed officials raided the newspaper’s
headquarters in Caracas and its printing
plant in Barquisimeto state, and imposed
a $US 13,900 fine. The Inter American
Press Association (IAPA) and the El
Salvador-based NGO, PROBIDAD, said
the closure was a possible act of revenge
against Manuel Carmona, El Impulso’s director, who is a relative of businessman
Pedro Carmona Estanga, one of the organisers of the crippling 2002 national
strikes.
On 14 January, about 40 Chávez supporters threatened to lynch Daniel Ortiz,
journalist and host of “En Positivo”, a
programme broadcast by the radio station, Geomar FM. Ortiz was covered
The Social Responsibility
Law for Radio and Television, which was signed
into law by Chávez in
December 2004, went into
effect on 8 June
Under the new criminal code, journalists could face up to four years’ imprisonment if the defaming statement was done
in public. The penalty for libel was increased from three months to two years
in prison, while media owners could have
their licences revoked.
Parts of the Social Responsibility Law
for Radio and Television, which was signed into law by Chávez in December
2004, went into effect on 8 June. Drafted
by the National Telecommunications
Commission (CONATEL), the law bans
vulgar language on TV and radio in daytime hours and prohibits images and
sounds related to violence, as well as alcohol and drug use. It also provides for
heavy fines or the closure of stations that
broadcast content that includes “incitement to war, disruptions of public order
or crime,” or promotes “threats to national security.” As a result, some private TV
networks exercised self-censorship, altering their programming and taking news
Venezuelan Foreign Minister Ali Rodriguez, left, speaks with the international
media beside Vice President Jose Vicente Rangel in Caracas, Venezuela,
3 December 2005.
(AP Photo/Fernando Llano)
ruling, the Supreme Court Inspector said
Ortiz could be removed because of an
“undisclosed accusation against him.”
According to the Venezuelan Penal Forum, a lawyer’s association, 12 judges of
the Superior Court Tribunal have been
removed “for handing verdicts contrary
to the government’s party interests” since
the amendments to the Supreme Tribunal Law and the instalment of new magistrates two year ago.
On 24 October, officials of the National Tax Service (SENIAT) closed the
newspaper El Impulso for 24 hours, alleging “flaws in the paper’s 2002 tax return.”
with red paint and taken by force to a
plaza in Punta de Mata, Monagas state,
where they threatened to apply “popular
justice.” The attack was related to a comment Ortiz made during his programme
against the official party, Movimiento
Quinta República.
At a 21 February press conference, the
Minister of Information and Communication Andrés Izarra accused British
journalist Phil Gunson, a correspondent
for the Miami Herald, of writing antiChávez propaganda for the U.S government.
102
On 8 July, Lina Ron, the leader of the
Círculos Bolivarianos, and a group of
unidentified men held and threatened
Cirilo Hernández, a photographer of the
daily Últimas Noticias, and reporter
Mabel Sarmiento for taking pictures at a
square near the Foreign Affairs Ministry
and the Presidential Palace. The men confiscated the film and held the journalists
in an office until Ron arrived. Ron interrogated and insulted them for articles
published by Últimas Noticias.
Chávez supporters were not solely responsible for the assaults on journalists.
On 19 July, members of a community
television station, Catia TV, were attacked while covering a student demonstration in Caracas. Demonstrators accused
RCTV reporters Noé Pernía, Johan Pérez
and Leidy Figueroa of working as government spies. More people joined he fray,
threw broken glass at the crew and smashed their camera.
Minister of Information
and Communication Andrés Izarra accused British
journalist Phil Gunson, a
correspondent for the
Miami Herald, of writing
anti-Chávez propaganda
Regular citizens also attacked journalists when they disagreed with their coverage. On 12 June, students of Universidad
Libre de los Andes (ULA), in Mérida state, threw Molotov cocktails at the offices
of the daily Frontera because the newspaper published the criminal record of a
murdered classmate. On 7 July, the newspaper Diario La Costa in Carabobo state
was attacked by angry relatives of an
alleged thief. On 30 July, about 100 people chanted slogans and threats outside
the offices of the newspaper Notitarde.
The daily believed the harassment was
the result of its coverage of a fight between residents of a shanty town.
On 28 October, photographer Dorian
González took pictures of a student fight
while covering a story at the University of
Carabobo. The students pulled out guns
and ran after him. González escaped, but
the students sought to retaliate by threatening reporter Angelica Rodríguez with a
gun. She managed to escape by identify-
ing herself as a journalist of another paper, but her driver, Jair Hurtado, was held
hostage in exchange for González’s film.
On the same day, journalists Kenny
Aguilar and Yorman Pérez of El Siglo
newspaper in Aragua state were also held
as hostages for about five hours by a
group of people protesting on a highway
near Caracas. They insulted and threatened the journalists until the National
Guard broke off the protest.
On 2 November, a group of students
attacked television crews for Televén, RCTV, Venevisión and Televisora Informativa del Centro (TIC TV) crews. They
seized TIC TV’s equipment and punched
cameraman Carlos Pardomo. On 21 November, Globovisión’s TV crew, covering
the protest of an opposition party outside
the General Attorney’s Office, was expelled by angry government supporters
chanting insults. In October, about 30
people, presumed to be Chávez supporters, barged in the presentation ceremony
of Teodoro Petkoff ‘s book about leftist
movements in Venezuela. The incident
occurred in Maturin, Monagas state.
Petkoff is the editor of the daily TalCual,
which is known for its critical stance towards the government.
Apart from people taking justice into
their own hands, impunity was potentially more harmful in the long run. The
murder of a photojournalist sparked a
wave of criticism among international organisations. Gustavo Acevedo, a photographer for the Caracas-based daily El
Globo, was reported missing on 27 June,
but his body was in the morgue for more
than ten days before he was identified,
journalist groups complained. In a joint
press release, the International Federation
of Journalists (IFJ), the International
News Safety Institute (INSI) and the Venezuelan National Press Workers’ Union
(Sindicato Nacional de Trabajadores de la
Prensa de Venezuela – SNTP) said, “Governments have a responsibility to combat impunity in cases of murders and
attacks against journalists.” They urged
the authorities to “act swiftly and launch
a transparent investigation into the journalist’s death.”
On 29 June, photographer Juan Carlos Neida was held for about eight hours
by presumed agents of the Military Intelligence. The El Nuevo País photographer was kidnapped while taking pictures
of the site where the Director of the Na-
2005
tional Land Institute, Eliécer Otaiza, had
a traffic accident in which a young lawyer
died. The agents confiscated Neida’s film
On 1 November, security guards forced David Ludovic of El Nacional to
hand over a tape of interviews. Ludovic is
known for his critical column, “A las Puertas del Palacio” (At the Doors of the
Palace).
Not only military forces prevented
journalists from reporting news. Hospital
and sports stadium directors also barred
reporters from reporting and investigating stories. The judiciary also prevented
journalists from reporting on their activities.
Rosendo Magallanes, a reporter for El
Progreso newspaper in Bolívar, was denied
access to the city’s judiciary as of 10 October. New rules at courthouses will further restrict journalists’ freedom to gather information. On 8 November, the
Palace of Justice in Caracas enacted restrictive rules for reporters covering the
courts. Any breach of these rules will
mean the closure of the press room. Reporters are no longer allowed to access
the review courts, or record statements by
people not involved in trials, including
those who might know about violations
to penal procedures. Photographers can
only take pictures in the press room.
These measures, ordered by Chief Magistrate Belkys Cedeño, came a day after
court officials allegedly cut off the electricity during the press conference of a
judge who was relieved of her duties. In
April, Cedeño even forbade entrance to
journalists carrying cameras or recorders,
but the president of the Supreme Court
revoked her orders.
Necessary Changes to the
Media Environment:
G
G
G
Repeal all “desacato” (insult) provisions
Repeal all “social responsibility”
constraints on TV and radio
Stop verbal attacks against the media
by the President and other public
officials, which have created a climate
G
of hostility
Venezuela's President Hugo Chavez holds
up a card as he shows the camera statistics
during his live TV programme, “Hello
President”, from the Presidential Palace
in Caracas, Venezuela, 13 November 2005.
(AP Photo/Leslie Mazoch)
104
2005
Oppressive Media Laws:
A Looming Epidemic
The
Caribbean
It was not a good
year for media
freedom in the
Caribbean, where
Haiti remained a
difficult and often
dangerous place for
journalists to practice their craft.
P
oliticians across the region threatened to tighten laws and regulations controlling the broadcast
media.
One Caribbean journalist, writing in
the St. Lucia Star newspaper in an article entitled, “Are regional leaders at war
with media?”, said, “When opposition
politicians complain about the press,
their gripes are usually focused on the
lack of ink afforded them. Regrettably,
only after they’ve been installed as the
day’s government, more often than not
with press support, do they question
the necessity for newspapers, talk-radio
and so on – an egregious arrogance indicative of a mindless determination to
castrate, if not altogether eliminate, the
very essence of our nation’s existence.”
Once again, the troubled nation of
Haiti figured low on the list for media
freedom, with three journalists losing
their lives during the year. That each
fell victim in quite different circumstances merely highlighted the dangers
that Haiti’s journalists must face.
Abdias Jean was shot dead allegedly by
police officers while covering a police
operation against armed gangs in a
Port-au-Prince shanty-town; Laraque
Robenson, was fatally wounded by
cross-fire as he covered a clash between
United Nations peacekeepers and a
group of former soldiers; and Jacques
Roche was kidnapped and found dead
four days later, after kidnappers apparently discovered their victim hosted a
television talk-show organised by a politically influential coalition of civil society organisations.
Another matter of serious concern
in Haiti was the pressure exerted by the
authorities on journalists and media
outfits prepared to investigate the violence and disorder in the capital’s shantytowns. Under the guise of wanting to
preserve order, the authorities in fact
attempted to impede critical coverage
of police operations and of the government’s political orientation.
Elsewhere, the introduction of new
restrictive legislation, the continued use
of libel laws, and instances of government interference in state-owned media, all encouraged the tendency to selfcensor. Speaking in June, Wesley Gibbings, president of the Association of
Caribbean Media Workers (ACM),
warned of “a looming epidemic of oppressive broadcast media laws and regulations currently hovering over the
Caribbean region.”
Once again, the troubled
nation of Haiti figured
low on the list for media
freedom, with three journalists losing their lives
during the year
In both Trinidad and Tobago, and
the Dominican Republic, protests from
the media and media rights organisations forced the governments to withdraw proposed broadcasting regulations. In the Dominican Republic, the
authorities proposed to ban the media
from reporting on natural catastrophes
without the prior agreement of the authorities, and also to make it an offence
to show “lack of respect for authorities
and public institutions.” In Trinidad
and Tobago, the government’s draft
national broadcasting code, designed to
deter talk-radio stations from aggravating simmering ethnic tensions, was
described by the ACM’s Gibbings as a
“shameless attempt to impose a regime
of censorship on the media.” However, despite the withdrawal of the regulations, perhaps ominously, the authorities in both countries vowed to
return to the subject at a later date.
2005
In Antigua and Barbuda, a major
source of concern was the legal action
against Lennox Linton, the manager of
Observer Radio, initiated by the Director
of Public Prosecutions. Linton is accused
of making a defamatory statement on his
morning radio show. In Grenada, libel
suits against several journalists remain
pending relating to coverage of the allegation that surfaced in 2004 concerning
Prime Minister Keith Mitchell’s receipt
of an improper payment. In Guyana, the
government suspended the broadcasting
license of the CNS Channel 6 television
station for one month following the station’s sustained criticism of government
flood relief efforts.
The issue of the growth in popularity
of talk-radio continued to be a major
source of controversy during the year. In
Barbados, representatives of the ruling
Labour Party criticised the island’s many
popular radio call-in programmes for failing to educate listeners, and for spreading
ill-informed criticism of the government.
Elsewhere, the introduction
of new restrictive legislation, the continued use
of libel laws, and instances
of government interference
in state-owned media,
all encouraged the tendency
to self-censor
The Prime Minister of Dominica,
Roosevelt Skerrit, joined the fray following his re-election in May, when he stated his intention to introduce legislation
to prevent radio talk shows from damaging the country's image. “I want to make
it clear that the laws of this country will
be strengthened and enforced to stamp
out lawlessness and irresponsible behaviour, calculated to do harm to the image
and viability of our country,” Skerrit said.
He added that he welcomed discussions
on topical issues, but said that radio callin programmes had persisted with a
“campaign of tearing down, blackguarding and undermining.”
At an August meeting of government
spokesmen from the Organisation of
American States (OAS), delegates from
105
the Caribbean expressed their concerns
about irresponsible reporting and lack of
journalism ethics practiced by some media houses in the region. Erasmus Williams, Press Secretary to St. Kitts and Nevis’ Prime Minister, said, “Several of the
Caribbean representatives raise the concern that while they support and uphold
the tenets of freedom of expression and
the right to free speech, some media
houses in the region were irresponsible in
their reporting, and pointed to the sometimes low-level of decision on some regional talk shows which at times bordered
on slander or libel of private citizens and
public officials.”
The issue of the growth
in popularity of talk-radio
continued to be a
major source of controversy during the year
The ACM’s Gibbings, bemoaning the
case of the fine imposed on St. Vincent
and the Grenadines talk show host, Elwardo “EG” Lynch, spoke in favour of
talk-radio when he said, “It might be no
coincidence that the liberalising of broadcast media, particularly in the Englishspeaking Caribbean, has marked one of
the more important developments in the
democratising of public affairs in the history of regional mass media and our societies generally. The corridors of power are
being stormed by broadcast-mediated
public opinion in ways never before
envisaged. In our own unsophisticated,
sometimes clumsy way, our people are
taking the stage.” Gibbings however warned that “if we do not act now to ensure
that darkness does not shut out the
emerging light, our societies will never
forgive us.”
BY CHARLES ARTHUR
106
Antigua and Barbuda
I
n the twin-island state with a population of 80,000, tensions between the
media and the United Progressive party
(UPP) government, elected in 2004, have
continued to simmer. The Antigua &
Barbuda Media Congress (ABMC) and
other press freedom advocates see continuing government attempts to intimidate
media outlets that have run critical stories. A major source of concern is the ongoing legal action initiated in September
by Gene Pestaina, the Director of Public
Prosecutions, against Lennox Linton,
Observer Radio’s station manager. Linton
is accused of making a defamatory statement about Pestaina on his morning radio show. His defence attorney has rejected the charges as an attempt to stifle criticism of the public administration, and
has said that they amount to political
censorship. After numerous adjournments, the case has been deferred until
early in 2006.
On the positive side,
the government carried
out its promise to introduce a Freedom of
Information Act
The case against Linton followed a
number of earlier altercations between
the government and various media outfits. In January, the newly appointed Minister of Information, Broadcasting and
Communications, Dr. Edmund Mansoor,
initiated legal action against the popular
Liberty Radio, charging the station with
engaging in a campaign of slander and
defamation. Liberty Radio, formerly
known as ZDK, disseminates commentaries and slants news in a way that favours the opposition Antigua Labour
Party. In the same month, Justin Simon,
the country’s Attorney General and Minister of Legal Affairs, publicly criticised
a front-page article in the Antigua Sun
newspaper. Simon described the content
of the article as “inaccurate in content
and mischievous in intent.”
The government continued to make
changes to personnel employed at the
state-owned ABS stations. In January, Dr.
Mansoor alleged that members of the
ABS Television’s news and current affairs
department were displaying a lack of interest in promoting the policies of the
UPP government. The next month, the
head of news and current affairs was
transferred. Her replacement was a relatively inexperienced journalist, but someone known as a government supporter. In
mid-February, members of the ABMC
executive met with Dr. Mansoor to discuss the state of the media, and particularly the government’s plans for ABS.
Both the minister and the ABMC executive expressed concerns about the lack of
accuracy of stories reported by both public and private media, and agreed that
training must play a vital role in alleviating the problem. At around the same
time, the government announced that
ABS Television and Radio would be merged into a new single entity, the Antigua
and Barbuda Network, ABN. Envisaged
changes would include a minimum of 30
percent local programming, and the creation of a government information channel to promote tourism-related services.
On numerous occasions government
officials made reference to a need to regulate the media in the context of what
they termed “hate radio” talk shows likely to incite prejudice or violence. Media
rights activists expressed concerns that
such regulation might be used against
media critical of the current administration. In early February, following the detonation of a nail-bomb that damaged a
building owned by the Information Minister’s family, the Attorney General blamed unnamed radio stations for continuously vilifying Dr. Mansoor and his family. He added that in his opinion there
had been a progressive incitement to race
hate and violence since the UPP won the
March 2004 elections, and said, “We
must condemn that behaviour, and call
on radio programme directors and media
hosts to categorically disavow, without
equivocation, all such behaviour whether
expressed or implied.”
On the positive side, the government
carried out its promise to introduce a
Freedom of Information Act. However,
for the legislation to be meaningful, the
appointment of an Information Commissioner is regarded as essential. One of the
commissioner’s functions would be to assist journalists and members of the general public in obtaining information, but,
by the end of September, the nominated
person had still not taken up her post. G
2005
Bahamas
O
ver 300,000 people live in the
Bahamas, about two-thirds of them
on New Providence Island which is the
location of the capital, Nassau. The island chain is one of the most prosperous
nations in the region, thanks to its welldeveloped tourism and offshore banking
sectors. Newspapers and radio stations
have continued to be generally free to
criticise the government and its policies.
One of the only issues of concern during
2005 occurred in September when there
was a fractious exchange between Raynard Rigby, chairman of the ruling Progressive Liberal Party, and the Nassau
Guardian newspaper. Rigby demanded
an apology after the paper reported his
statement on a local radio talk show voicing his concerns about Prime Minister
Perry Christie’s health. The newspaper,
however, refused to retract its story, and
Rigby did not threaten legal action.
The importance of tourism to the Bahamian economy was highlighted by the
staging of the Seventh Caribbean Media
Exchange on Sustainable Tourism, in
Nassau, in December. The conference,
hosted by the Bahamas Ministry of Tourism, examined the theme, “Exploring
Niche Markets for Caribbean Tourism”.
Yolanda Deleveaux, of the Nassau Tribune, was one of three journalists honoured for their contributions to the promotion of sustainable tourism developG
ment in the region.
2005
Barbados
107
Dominica
B
arbados is one of the most prosperous countries in the Western Hemisphere, largely as a consequence of the development of its up-market tourism facilities. Freedom of the press for the country’s 270,000 inhabitants is constitutionally guaranteed, and the media is largely
unrestricted. There are two daily newspapers and two weeklies, all privately-owned. Of the nine radio stations, three are
run by the state-owned Caribbean Broadcasting Corporation, which also operates
the sole television station. Since late 2003
Barbados has also been home to the Caribbean Media Centre, a facility occupied
by the Caribbean News Agency (CANA)
and the secretariat of the Caribbean
Broadcasting Union (CBU). Both entities are run by the Caribbean Media Corporation. The CANA is the most important source of English-language news for
and about the region, while the CBU represents public and private broadcast systems in the English, French, Spanish and
Dutch-speaking Caribbean.
During the year, representatives of the ruling Barbados
Labour Party criticised
the island’s many popular
radio call-in programmes
In November, a forthcoming merger
was announced between the Nation Corporation of Barbados, which owns the
Nation newspapers and four radio stations, and the Trinidad-based CCN Group.
The merged corporation – “a publicly
owned and regionally focused media
company”, according to the announcement – will be named ONE Caribbean
Media Limited (OMC).
During the year, representatives of the
ruling Barbados Labour Party criticised
the island’s many popular radio call-in
programmes for failing to educate listeners and for spreading ill-informed criticism of the government. Writing in the
Nation newspaper in January, political
correspondent, Albert Brandford, defended the radio discussion programmes,
describing them as an “essential element
in a modern democracy.” While recognising that some reform of the format may
be necessary, Brandford concluded that
without them, democracy would stagnate, leading political parties to become
G
“tired and repressive.”
R
elations between journalists and the
ruling Dominica Freedom Party
(DFP) deteriorated in the run-up to general elections held in May. First, the government angered the island’s journalists
by cancelling two news conferences without apology, and then Prime Minister
Roosevelt Skerrit shunned a Media Workers Association of Dominica (MWAD)
invitation to a debate with other party
leaders. In April, the MWAD demanded
an apology from the government after
the Foreign Minister, Osborne Riviere,
refused to answer a reporter’s question
and labelled journalists “damn stupid.”
The MWAD’s Matt Peltier said Riviere
had totally disregarded the important role the media plays in public information.
Following the DFP’s re-election, Prime
Minister Skerrit said he had no intention
of stifling press freedom, but stated his
intention to introduce legislation to prevent radio talk shows from damaging the
country's image. “I want to make it clear
that the laws of this country will be strengthened and enforced to stamp out lawlessness and irresponsible behaviour, calculated to do harm to the image and viability of our country,” Skerrit said. He
added that he welcomed discussions on
topical issues but that radio call-in programmes had persisted with a “campaign
of tearing down, blackguarding and
undermining.” At the November annual
general meeting of the Association of Caribbean Media Workers (ACM) held in
Barbados, the MWAD President, Thalia
Remy, said she hoped that the ACM
A woman walks past a Dominica Labour
Party billboard in Rouseau, Dominica,
4 May 2005, ahead of the general
elections.
(AP Photo/Chris Brandis)
would help Dominican journalists when
the proposed broadcast legislation is introduced. Remy said, “Many governments across the region are trying to bring
[in] broadcast codes or media laws, and
generally it is to curb anti-government
messages.”
Relations between journalists and the ruling
Dominica Freedom Party
(DFP) deteriorated in
the run-up to general elections held in May
In April, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) announced funding for
a new radio station to serve the Kalinago
people of the Carib Territory in Dominica. The funding will pay for equipment,
training and technical assistance, and the
project will be supported by the stateowned Dominica Broadcasting Station. G
108
Dominican Republic
2005
Grenada
O
n the small island with a population
of just over 100,000, a main source
of tension between the government and
the media continued to be coverage of
the allegation that Prime Minister Keith
Mitchell had received an improper payment. This story had been at the root of
deteriorating relations during 2004. Libel
suits against several journalists remain
pending, and, in May, the prime minister
and Cable & Wireless PLC reached a settlement in a libel suit brought against the
company in 2004 after users of its web
site posted remarks about the alleged
bribe.
Libel suits against several
journalists remain pending
People are seen with newspapers in Santo Domingo, Dominican Republic,
13 December 2005, with headlines referring to the violent protests that
disrupted the one-day visit of the Dominican President Leonel Fernandez
to the neighbouring country.
(AP Photo/Ramn Espinosa)
I
n March, the government of President
Leonel Fernández signed a ruling paving the way for the full implementation
of a freedom of information law passed in
2004. Media freedom advocates welcomed this move, but in May, a governmental decree introducing restrictive measures against the media provoked an outcry.
The decree banned the media from reporting on natural catastrophes without
the prior agreement of the authorities,
and also made it an offence to show “lack
of respect for authorities and public institutions.” The government stated that the
decree was designed to prevent the media
from generating public panic during an
emergency, but journalists perceived it as
a precursor to censorship. Less than two
weeks later, in response to the strong reaction from journalists and newspaper
directors, the president withdrew the decree, but ominously the president’s legal
advisor stated that a team of experts
would prepare an alternative decree to regulate television and radio broadcasts.
There was a welcome decrease in reports of attacks on journalists. One of the
only incidents of note occurred in February, when two photojournalists from the
Listín Diario and El Caribe newspapers
were beaten up by officers of the Santo
Domingo Metropolitan Transportation
Authority (AMET) as they covered a
drivers’ protest against the AMET’s new
policy of towing away defective vehicles.
Both newspapers lodged complaints
against the AMET. The media community continued to express its frustration
concerning the lack of progress in the investigation of earlier crimes against journalists. Of particular concern was the, as
yet, still unsolved case of Juan Andújar,
the reporter who was shot dead in September 2004.
A governmental decree
introducing restrictive
measures against the media
provoked an outcry
In April, Héctor Luzón, president of
the Colegio Dominicano de Periodistas
(Dominican College of Journalists), stated that the Dominican media had suffered over the last five years as a result of
the closure of a number of media outfits,
deteriorating working conditions, and
poor pay. Luzón observed that while every
year more and more new journalists graduate from universities, the job market becomes ever more limited, “and those that
work in mass media are paid a wage that
does not meet their expectation of being
G
able to live in dignity.”
In July, the Media Workers Association of Grenada (MWAG) and members
of the press expressed their astonishment
when the government called a press conference with the Minister of National
Security and the Prime Minister’s press
secretary, to disseminate information, and
then, an hour or so before major newscasts went out, called several journalists
and stations to ask that they not report
on aspects of the story. The MWAG unsuccessfully called on the minister and
press secretary to apologise to the media
and the nation. In September, the Prime
Minister's press secretary again stirred
controversy when he told the state-owned Grenada Broadcasting Network radio
that he found the media to be “too political.” He also expressed doubts about the
merits of a Freedom of Information Act.
During the year, the MWAG expressed concern about the lack of transparency in the process by which the government grants broadcast licences to radio
stations, and suggested that the government was attempting to ensure favourable coverage.
In February, the well-known journalist Alister Hughes died at the age of 86,
after a prolonged illness. Hughes had
long been at the forefront of Grenadian
journalism, and was known across the
Caribbean as the definitive voice covering the October 1983 U.S. invasion of
G
Grenada.
2005
109
Guyana
T
he population of the only Englishspeaking country in South America
is estimated at around 700,000 – 90 percent of whom live on the country’s narrow coastal plain. Newspapers and television are generally allowed to operate
without interference, but the government
maintains a decades-old radio monopoly
and operates the country’s only two radio
stations. Promises to introduce legislation
to facilitate the issue of private radio licenses have not been kept. A High Court
judge – asked to decide on the constitutionality of the block on the granting of
private radio licenses – has yet to hand
down a ruling. Writing in the Guyana
section of the Association of Caribbean
Media Workers’ annual report for 2005,
the journalist Denis Chabrol predicted
that, in the continued absence of liberalisation of the radio network and with
general elections due in 2006, there is a
strong possibility that opposition political parties will resort to “pirate” radio. In
the same report, Julia Johnson, who succeeded Chabrol as president of the Guyana Press Association (GPA) early in the
year, described the use and abuse of the
state-owned media for government propaganda as “appalling.”
Following the broadcast
of sustained criticism of
government flood relief
efforts on the CNS
Channel 6 television
station, the government
suspended its broadcasting license
A Freedom of Information bill has
been drafted but, by the end of the year,
had still not been submitted to Parliament. The GPA’s Johnson said the media
group would support any move to enact
such legislation, believing that “laws governing the freedom of information would
compel public officials, who are paid by
taxpayers, to give an accurate account of
their stewardship through the media.”
Johnson also reported that, in general,
private media outfits continued to experience difficulties in getting government
officials to comment on issues. She wrote,
“No interviews granted. No call backs.
Instead, media houses are seeing answers
Haiti
to queries they made in the form of releases from the Government Information
Agency.”
In January, following the broadcast of
sustained criticism of government flood
relief efforts on the CNS Channel 6 television station, the government suspended
its broadcasting license for one month.
The reason given was that the station’s
comments were likely to encourage public disorder. When the station resumed
broadcasting in defiance of the ban, heavily armed police raided the station premises the next day. When local people
ringed the building to prevent the police
from entering and seizing equipment, the
authorities instructed the local electricity
company to cut off power to the area.
Police later returned to confiscate broadcasting equipment. The GPA’s Johnson
described the government’s action as a
“blatant disregard for the rights of the
press to report on these [flood relief ]
issues.”
The owner of CNS, Chandra Narine
Sharma, who is also the leader of a small
opposition political party, “Justice for
All”, stated that he believed that there
was “more to it than just the Prime
Minister acting in accordance with the
broadcast bill.” Sharma said the one
month off the air meant the station had
lost viewers and advertising contracts,
and it would take three years to make
good the losses.
In August, following a series of assaults
on journalists and the firing of shots at a
vehicle transporting media workers, the
Association of Caribbean Media Workers
issued a statement encouraging the media
community “to continue to report aggressively, accurately and fairly on the major issues of the day including crime and
corruption”, and calling on the government to “do all in its power to protect
media workers from acts of aggression
and violent retribution from individuals
or groups implicated in their reports.”
Towards the end of the year, a number
of media outfits and individual journalists began discussion of a code of conduct
with regard to coverage of the 2006 genG
eral elections.
Death Watch
Country (3)
T
he repercussions of the armed revolt
and collapse of the Lavalas Family
party government in early 2004 continued to be felt, as armed groups, many of
them with political affiliations, challenged the authority of the interim government and frequently clashed with the
national police force and troops of the
United Nations Stabilization Mission in
Haiti (MINUSTAH). Throughout the
year, the sprawling slum areas of the capital city, Port-au-Prince, were the scenes
of repeated, violent clashes, in which
hundreds of people lost their lives. The
situation in the rest of the country was
less violent, and in many regional towns
became less tense from March and April
onwards after the MINUSTAH finally
moved to displace groups of former soldiers and their allies. These groups had
held de facto power in many towns for
more than a year.
As in previous years, many
media outfits were active
participants in a volatile and
polarised political scene
As in previous years, many media outfits were active participants in a volatile
and polarised political scene. Others were
drawn into the controversy and conflict,
whether politically engaged or not, merely by carrying out the task of attempting
to report on the unfolding events. The
main, Port-au-Prince-based media houses
– grouped in the National Association of
Haitian Media (Association Nationale
des Médias Haïtiens, ANMH) – continued to take an open position of support
for the ouster of the Lavalas Family government and of extreme hostility to the
large swathes of the poor population who
continued to voice support for the exiled
President Jean-Bertrand Aristide. The
ANMH radio stations in particular exercised a clear editorial line favouring the
Group of 184, a political platform led by
the country’s small private sector. At the
same time, these stations’ news broadcasts consistently described opponents of
the interim government, living in shanty-
110
towns, such as Bel Air and Cité Soleil, as
“outlaws” and “terrorists”. In reporting
on violent incidents and alleged human
rights abuses, information supplied by
the police and comments given by political party leaders frequently took priority
over hard news-gathering.
A group of smaller media outfits –
some of them sympathetic to the ousted
government, others attempting to steer
an independent line – attempted to report
the news from a different perspective,
sending news crews to the scene of events
and interviewing eye-witnesses and community leaders in the shanty-towns. By
the end of the year, a clear division had
emerged, with one section of the media
slanting its broadcasts in such a way as to
appeal to the preconceived opinions and
hardening prejudices of the small middle
and upper classes, and another actively
seeking the voices of ordinary people and
those critical of the interim government,
and thereby appealing more to the majority poor population. The latter group,
composed of 10 radio stations, three television channels, one newspaper and one
news agency, coalesced into the Haitian
Independent Media Association (Association des Médias Indépendants d'Haïti,
AMIH). Against this backdrop, abuses of
media workers’ rights and infringements
of media freedom were all too commonplace.
Jacques Roche, a wellknown journalist and
political activist, was kidnapped, and four days
later found dead
On 14 January, a series of incidents in
Port-au-Prince established a pattern of relations for the media scene over the rest
of the year. In the Village de Dieu shanty-town police allegedly shot dead Abdias
Jean, a reporter covering a police operation against an armed gang. Eyewitnesses
say Jean informed the police of his profession but that the police shot him dead
because they did not want further media
coverage of alleged human rights abuses
committed during their operations. During the same police operation, officers also mistreated a news crew from the private television broadcaster, Radio Télé
Ginen, confiscating a video camera, and
only returning it several hours later without the cassette containing video of the
police action. According to the director
of Radio Télé Ginen, the police reprimanded the station for interviewing a
masked gang member, and for concentrating on filming police actions and ignoring crimes committed by the gangsters. On the same day, in the troubled
shanty-town of Bel Air, in another part of
the capital, Claude Bernard Sérant and
Jonel Juste, two journalists from the Le
Nouvelliste newspaper, were badly beaten
by supporters of the deposed President
Aristide. The attackers denounced the
journalists’ paper, and the other ANMH
media houses, for supporting the antiAristide movement.
News of the attack on the Le Nouvelliste journalists reinforced the reluctance
of journalists from outfits known for
their opposition to the former government to enter poorer areas of the city for
fear of reprisals from Aristide supporters.
Meanwhile, both the police force and representatives of the interim government
kept up their criticism of the media whose
journalists were prepared to go into poorer areas of the capital. Although the authorities stated they were concerned with
the incitement of further violence and
disorder, the fact that many gangsters,
and many of the inhabitants of the shanty-towns, claimed allegiance to the ousted president Jean-Bertrand Aristide, led
to allegations of censorship, and, in particular, of an attempt to impede critical
coverage of police operations.
A drive-by shooting on 4 February,
when Radio Megastar journalist, Raoul
Saint-Louis, suffered a bullet wound to
his hand as he talked outside the station
with his wife and several colleagues, was
interpreted by the station’s staff as a direct
consequence of public criticism of the
station by the police force spokesperson.
Jessie Cameau Coicou had denounced
Megastar for interviewing what she described as “bandits.” Responding to the
criticism, Megastar’s Jean Myrtho Muraille said, “We will continue to defend the
weakest ones, to denounce summary executions, and to allow the disadvantaged
to speak.” Two days after that comment
was reported by another station, the Megastar offices were raided by a group of
heavily armed police. There was no apparent motive for the police deployment,
and no arrests were made.
2005
Raoul Saint-Louis, a radio journalist, speaks
with the Associated Press during an interview
in Port-au-Prince, Haiti, 8 February 2005.
Saint-Louis, co-host of a commentary show
on the private radio station Megastar,
was shot in the hand when he was outside
of the station on 4 February.
(AP Photo/Ariana Cubillos)
The numerous threats issued by the
government communications agency
(Conseil National des Telecommunications, CONATEL) to Radio Solidarité to
change its frequency were also interpreted as the exercising of less than subtle
pressure on a station critical of the interim government and the police force.
There was no apparent technical reason
for the request to change a frequency that
the station had been using for the previous six years of its existence. Media freedom advocates also expressed concerns
about the late February decision by the
directorate of the capital’s main public
hospital to put an end to journalists’ right
to enter the emergency ward, the morgue
or the statistics office in search of information. The decision that henceforth
journalists would have to apply for special permission to enter the premises suggested that the authorities wanted to obstruct media coverage of the mounting
casualties from the continuing violence
in the city shanty-towns.
The issue rumbled on all year, and flared up again in July, when the interim
2005
111
Jamaica
T
he island nation of three million
people continued to enjoy a media
that is largely free to express critical views
without significant restrictions. Some
media outlets expressed the need for reform of the country’s libel laws. In particular, there is concern about the courts’
ability to award high damages in defamation cases, a practice that tends to encourage some journalists to practice self-censorship.
Some media outlets
expressed the need for
reform of the country’s
libel laws
Protesters make gestures with their hands as they pass in front of the U.N. headquarters
during a demonstration through the streets of Port-au-Prince, Haiti, 21 July 2005.
Protesters chanted slogans against the interim government, claiming it is not doing
enough to confront insecurity and protesting against the killing of Haitian journalist
Jacques Roche.
(AP Photo/Ariana Cubillos)
government’s council of ministers threatened to impose sanctions on media outlets and journalists promoting “hatred”
or interviewing “outlaws”. In protest, on
5 August, newsrooms of the dozen radio
and television stations belonging to the
AMIH stopped all newscasts for a day.
Guyler Delva, head of the Association des
Journalistes haïtiens (Haitian Journalists’
Association, AJH) described the threat of
sanctions as political persecution designed to intimidate the media. In an interview with Radio Solidarité, Delva said,
“How can one know if the person being
interviewed is a criminal, if that person
has not yet been arrested, put on trial, or
found guilty.” Delva, who frequently
clashed with the authorities over issues of
media freedom during the year, was himself the victim on 3 October when presidential body-guards beat him and Méroné Jean Wilkens, of Radio Métropole, as
they arrived to cover the re-opening of
the judicial courts.
Two other journalists lost their lives
during the year. On 20 March, Laraque
Robenson, a reporter for Tele Contact
radio in the south-western town of PetitGoâve, was hit by cross-fire as he covered
a clash between United Nations peace-
keepers and a group of former soldiers.
He received medical care in the Dominican Republic and Cuba, but died of his
wounds on 4 April. On 14 July, Jacques
Roche, a well-known journalist and political activist, was kidnapped, and four
days later found dead, having been tortured and shot several times. According
to some reports, part of the ransom demand was paid, but the kidnappers decided to kill him when they discovered he
hosted a television talk-show organised
by members of the Group of 184.
During the course of yet another year,
the government failed to take any initiatives to advance the judicial investigations into the earlier murders of journalists, Brignol Lindor and Jean Dominique.
In October, more than one hundred
journalists and media owners signed a
code of conduct for the election period,
but by the year’s end, politically–biased
and heavily slanted news continued to be
the norm, and investigative journalism
remained sadly, more or less, nonG
existent.
In December, the Press Association of
Jamaica (PAJ) criticised a judge’s threat to
ban the media from covering a high-profile murder trial. The judge’s remarks
came after what he described as inaccurate reporting of the trial. The PAJ’s Desmond Richards called on the media to
defend its right to free coverage, and suggested that the judge only bar those media houses that carried inaccurate reports
and should not punish the entire industry. Also in December, the Jamaica Gleaner and Sunday Gleaner newspapers announced that for the whole month they
would not publish front-page stories
about crime and violence. Editor-in-chief
Garfield Grandison, said the move followed feedback from readers, and was
intended to stimulate public debate on
the media’s coverage of crime and violence, in particular the charge that media
coverage glorified the acts of notorious
gang leaders.
On 3 May, World Press Freedom Day,
a draft code of practice for Jamaican journalists and media organisations was launched. The code – setting out wide-ranging commitments to accuracy, truth and
fairness in reporting and commentary –
was the result of detailed consultations
between the PAJ, the Mona School of
Business, the Caribbean Institute of Media and Communications, and the Media
G
Association of Jamaica.
112
Saint Kitts
and Nevis
T
he twin-island federation of Saint
Kitts and Nevis has a total population of around 47,000 people. In addition to the weekly newspapers published
by the ruling Saint Kitts and Nevis Labour Party and the main opposition People’s Action Movement, there are three
other non-aligned weekly newspapers.
ZIZ Broadcasting Corporation, a company in which the government is a majority
shareholder, operates both radio and television services. There are seven private
radio stations and a multi-channel cable
television service. According to Clive Bacchus, president of the Media Association
of St. Kitts and Nevis, the absence of a
Freedom of Information Act, combined
with “vigorous, politically-driven press
releases, creates an atmosphere of uncertainty and widespread speculation.”
Bacchus is a Guyanese journalist, working in St. Kitts since 1998. The issue of
Bacchus’ work permit, the subject of
some controversy in late 2004, was resolved in mid-February when the government finally renewed it. The government
continued to deny that it had targeted
Bacchus and insisted it was merely requesting that his job be advertised so as
to allow nationals an opportunity to apply. The delay in issuing the renewed
work permit had been criticised as an attempt to intimidate the independent media, and the Association of Caribbean
Media Workers (ACM) continued to criticise the government for failing to honour its obligation to allow skilled workers, including media workers, to live and
work freely in CARICOM member states. The ACM noted that St. Kitts and
Nevis had signed the Treaty of Chaguaramas, a treaty that envisages the establishment of a Caribbean-wide Single
G
Market and Economy.
Saint Lucia
Saint Vincent
and the
Grenadines
O
n the island nation of 162,000 people, the media operates in relatively
free conditions but faces threats in the
form of political pressure and hostile legislation.
Press freedom advocates in St. Lucia
voiced concerns about clause 361 of a
newly-amended criminal code which
came into effect in early 2005. The clause
makes the publishing of news that endangers the “public good,” a prisonable offence. During 2004, there had been a certain cooling of relations between the media and the government, and there was
no improvement in 2005.
In April, Prime Minister Dr. Kenny
Anthony accused “certain select persons
in the media” of engaging in a disinformation campaign designed to undermine
his ruling St. Lucia Labour Party. The
prime minister told state-owned, Radio
St. Lucia, “From the day we got into office in 1997, we have had to face disinformation by a well-orchestrated section,
and at every step of the way we have had
to cope with this.”
In November, a Dominican lawyer,
Anthony Astaphan, who represents Dr.
Anthony, and who, in recent years, has
been highly critical of the media in the
eastern Caribbean sub-region, returned
to the attack. In a radio interview, Astaphan reacted to being criticised by sections of St. Lucian media, by declaring
that his detractors were guilty of hypocrisy and did not understand the concept
G
of press freedom.
2005
S
ome 115,000 people live on St. Vincent and the 32 small islands known
as the Grenadines. Prime Minister Ralph
Gonsalves and his Unity Labour Party
(ULP) won a second straight term in the
December 2005 general elections, taking
12 seats in the 15-seat parliament. The
main newspapers, the daily Herald, and
the weeklies, Searchlight and The Vincentian, are all privately-owned. There are
numerous radio stations including the
state-run St. Vincent and the Grenadines
Broadcasting Corporation, which operates SVG Television and the Hitz FM
music radio station.
The only major source of concern
with regard to media freedom during
2005 were tensions between the government and Elwardo “EG” Lynch, the host
of a talk show sponsored by the opposition New Democratic Party (NDP). According to one survey, Lynch’s talk show
is the most widely listened to radio programme in St. Vincent and the Grenadines. In May, a court found Lynch guilty
on two counts of making false statements
likely to cause alarm. The charges stemmed from two statements Lynch made
while chairing an NDP public meeting in
early March. The meeting was broadcast
live on Nice Radio. In November, the
Vincentian journalist, Carlos James, writing in Searchlight about possible government action against Lynch’s programme,
warned against any action being perceived as media censorship. He reminded
readers that “the particular talk-show
host, at the start of every programme,
informs the public that the talk-show is a
political one, organised and funded by
the opposition party and is expected to
have a biased view in their favour.” James
suggested that critics would do well to
remember that “the host of the programme is not a journalist, but an employee of
G
the opposition party.”
2005
113
Trinidad and Tobago
T
he twin-island nation retains the
strongest economy of all the Caribbean states, thanks in main to its abundance of natural energy resources – it is
a major exporter of oil and gas. Freedom
of the media is generally respected, although, as in 2004, on certain issues,
relations between the People’s National
Movement (PNM) government and the
media continued to be strained.
A major issue of contention was the government’s
release of a draft national
broadcasting code
A major issue of contention was the
government’s release of a draft national
broadcasting code, designed to deter talkradio stations from aggravating 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. On issuing the draft code, the newlyestablished Trinidad and Tobago Telecommunications Authority (TATT) stated it did not want to infringe on media
freedom, but saw a need to set the parameters for the discussion of issues such as
race, religion, and politics in the context
of the “persistent dissemination of offensive information in some of the local
broadcast media.” The Publishers and
Broadcasters Association disagreed, saying “the code is unacceptable as it infringes on every citizen’s right to freedom of
thought, expression and freedom of the
press.” The code was also strongly criticised by the Trinidad-based, Association
of Caribbean Media Workers (ACM),
whose president, Wesley Gibbings, said it
violated the Chapultepec Declaration, an
international treaty that forbids governments from suppressing media rights.
Gibbings said, “This draft code has to be
the most shameless attempt to impose a
regime of censorship on the media.” With
newspapers joining the strong condemnation of the draft code, government officials acknowledged that it could not be
implemented without the approval of the
national media. In the end, the TATT
agreed to hold further discussions with
stakeholders, but perhaps ominously it
also said the code would form part of the
licence agreement with broadcasters in
the future.
The process of licensing and assigning
frequencies was also a source of friction
on several occasions. In February, the
CCN TV6 television station bemoaned
the lack of transparency relating to the
TATT’s decision to turn down its applications for additional frequencies. The
television station said it had made numerous applications for two additional
UHF frequencies for the island of Tobago
in order to improve the distribution of its
signal along the north-west and east
coastlines which lie in the shadow of significant mountain ranges. A company
statement complained, “We were and
continue to be bewildered by this decision, since the frequency needs of Tobago
were recognised when the Authority gave
TTT (Trinidad and Tobago Television)
three frequencies to cover the same terrain that we are currently being asked to
cover with one.”
With newspapers joining
the strong condemnation of
the draft code, government
officials acknowledged that
it could not be implemented without the approval of
the national media
In September, just hours before the
launch of a new cable television station,
CNC3, the TATT issued an order blocking the broadcast on the grounds that the
station lacked a proper licence, and was
likely to violate the Telecommunications
Act. CNC3 and its owner, the Trinidad
Publishing Company Limited, disputed
this interpretation of the law, arguing
that a concession was unnecessary because it had a distribution contract with
another cable company that did hold a
licence. CNC3 also said that at least two
other new local channels had used the
same strategy to broadcast their material.
The main opposition party, the United
National Congress (UNC), said it regarded the TATT’s action as “an attack on the
freedom of the media”. A UNC spokesperson said, “We cannot believe that the
authority was unaware of all the activities
taking place in CNC3 prior to the broadcast launch,” and wondered whether or
not the TATT was “carrying out the dictates of the government”. The ACM’s
Gibbings described the TATT action as
“a disturbingly reckless and irresponsible
act by a public authority”, and suggested
that, in the context of the draft broadcast
code, it was further evidence of the
TATT’s intention to prohibit and restrain the media sector.
During the year, there were
also protests against a series
of alleged assaults on journalists by police officers
During the year, there were also protests against a series of alleged assaults on
journalists by police officers. One wellpublicised incident occurred in January
when Suzette Edwards-Lewis, a reporter
for the Mirror newspaper, was allegedly
roughed up by a policeman in Port-ofSpain. The Media Association of Trinidad
and Tobago (MATT) condemned the incident, and its president, John Victor,
said, “While we accept that the police
have a duty to uphold the law, we cannot
and will not condone acts of intimidation
against members of our organisation.”
There were major changes in the
structure of the sum of the established
media houses. In mid-January, the stateowned National Broadcasting Network
closed down, after 48 years on the air.
The expected 2005 launch of a replacement, a new state-owned company called
the Caribbean News Media Network
(CNMN), did not materialise, and it was
not until October that the government
announced to parliament that it had at
last allocated money for the purchase of
broadcasting equipment. The CNMN is
now expected to begin airing radio and
television broadcasts in early 2006. In
November, a forthcoming merger was
announced between the Trinidad-based
CCN Group, and the Nation Corporation of Barbados. The CCN Group owns
the Express Newspapers and the CCN
TV6 television station, and is also the
majority shareholder in the Grenada
Broadcasting Network. The merged corporation – “a publicly owned and regionally focused media company”, according
to the announcement – will be named
G
ONE Caribbean Media Limited.
114
2005
The Lap Dogs
of Capitalism
Asia
The willingness of
western companies
to assist China in
censoring the
Internet is undermining press freedom everywhere.
Death Watch
Region (20)
T
he Internet is an abiding preoccupation with some repressive Asian governments who
fear access to information will lead to
calls for the introduction of democracy
in societies that have long sought to
suppress such impulses. Attempts by
Asian governments to censor the Internet this year provided disturbing examples of how the market economy system can be subverted and abused by
the censor. Indeed, these examples exposed the hypocrisy of Western technology companies, who fight in Western
courts to uphold press freedom and
freedom of expression, but are more
than willing to jettison these principles
in the rush to open up China’s cashladen Internet markets.
So far, American heavyweight companies such as Microsoft, Yahoo and
even Google have all been lured into
the huge Chinese Internet market and
altered their software to prevent Chinese users from accessing certain information. The arguments put forward by
these companies in their defence are
both weak and self-serving. In answer
to accusations that they are assisting
censorship, spokespersons for these
companies answer that as China’s economy grows ever larger, the drive towards an open society will become irresistible. In their view, capitalism creates
freedoms.
These arguments, founded perhaps
more on a desire for profits than a hard
look at the fundamentals of human
rights, overlook the possibility that
Western companies are becoming complicit in China’s desire to create a new
form of anti-democratic capitalism.
Whereas in the past, it seemed to be
agreed that capitalism introduces freedoms, China is renouncing this idea to
show that it is possible to have a market economy without the attendant
human rights.
If China is allowed to blatantly reject the received wisdom that capitalism and democracy are two sides of the
same societal coin, there may be severe
implications for human rights not only
in China, but also in the rest of the
world. Were China to succeed, it would
become a shining beacon for repressive
societies everywhere! Indeed, it would
become an example that other regimes
would wish to emulate. In effect, China’s success risks a new breed of repressive regimes that embrace capitalism
but reject democracy. A failure in China would also leave Western countries
open to the charge of hypocrisy, diluting their ability to push for increased
human rights in other parts of the
globe.
Attempts by Asian
governments to censor the
Internet this year provided
disturbing examples of
how the market economy
system can be subverted
and abused by the censor
The danger in all this is that rather
than being the key to promoting human rights, capitalism becomes the
soft-underbelly of the West by which
repressive regimes can work to skillfully maintain both themselves and the
societies they govern.
These problems are also being exacerbated by the attitude of international
organizations. At present, the attitude
of the EU towards China is one where
it appears that human rights are subordinate to trade. On 5 September, Britain’s Prime Minister Tony Blair, in his
role as the then President of the EU,
met with representatives of the Chinese
government. When flying to China,
2005
the British Prime Minister took with him
40 representatives of industry. The message is clear: the Prime Minister may well
lecture on human rights, but the key issue is trade.
Responding to the visit, IPI said in a
September press release, “At a time when
journalists remain imprisoned and cyberdissidents are being placed under surveillance, there is a real need for any trade
dialogue with China to be informed by
greater discussion about press freedom
and freedom of expression.”
The message is clear:
the Prime Minister may
well lecture on human
rights, but the key issue
is trade
In a 7 September letter to the European Commission, IPI commented, “By
continuing to treat China in this manner,
the EU risks appearing to accept the
principle that some countries may adopt
liberal economic policies, while retaining
authoritarian control over their societies.
If this were to happen, it would lend credence to the idea that there is a second
form of acceptable government aside
from the democratic model.”
Elsewhere, in 2005, 20 journalists lost
their lives and Asia remains one of the
most dangerous regions in the world to
practice journalism. Moreover, in many
of the cases, the deaths of journalists appear to have elicited little interest or action from governments who have been
happy to make half-hearted attempts at
catching those responsible for the deaths.
As in previous years, the result is that the
perpetrators of murder escape justice, reinforcing the idea that it is possible to literally get away with murder.
Perhaps the worst country in the region for impunity is the Philippines
where nine journalists were killed in
2005. There is a lack of response from the
government and this does not seem to be
due to inefficiency. Rather it appears to be
intentional. Moreover, the government’s
attacks against the Philippines Center for
Investigative Journalism (PCIJ) are evidence that the government is trying to
avoid investigations into its possible failings, as well as journalists’ killings.
In Bangladesh, the journalism profession is perhaps one of the most viciously
assaulted in the world. Every year there
are dozens of attacks on journalists and
they have become so common that, even
the most vicious, are treated routinely by
the authorities. Murders of journalists,
and there were three in the country in
2005, have to be seen against this violent
background. Attacks against journalists
are carried not only by the government,
but also by other groups more or less
linked to the government. Most of the
attacks are in retaliation for investigative
reports about these groups. The Kashmir
region of India also remains one of the
most dangerous parts of Asia to report
from and on 29 July, seven journalists
were injured in an attack by militants in
Srinagar. The attack left two persons
killed.
The high hopes of a negotiated peace
settlement between the Sri Lankan government and the Liberation Tigers of
Tamil Eelam (LTTTE) have now been all
but obliterated, and the country appears
to have settled back into its former
bloody cycle of murder and revenge murder. Based on some reports, there are
political killings occurring in the country
on a daily basis. There is also a vicious
feud between two Tamil groups and this
has increased the difficulties for reporters.
Journalist Relangi Selvarajah and her
husband were murdered when unidentified attackers in Columbo gunned them
down on 12 August. Selvarajah was a
well-known journalist who had been a
radio and television host for 20 years. She
was a part-time television presenter for
the Sri Lanka Rupavahini Corporation
(SLRC) when she was killed. Previously,
she worked as a journalist for the staterun Sri Lanka Broadcasting Corporation
(SLBC), where she produced a radio programme titled “Uthaya Darisanam” that
often criticised the LTTE.
In Nepal, where there is an ongoing
battle between the government and journalists, Khagendra Shrestha, editor of the
provincial daily, Dharan Today, died on
31 March of gunshot wounds to the head
sustained when armed men burst into his
office in Dharan, eastern Nepal on 15
March. Maoist rebels were behind the
killing.
Central Asia is another problem area.
In Kazakhstan, the revolutions in Georgia, Ukraine, Kyrgyzstan, and the unrest
115
in Uzbekistan, led the government, as the
4 December presidential elections drew
near, to pass a national security bill. Popular dailies were closed and Internet access to various independent Web sites was
blocked. Turkmenistan remains the least
free of all the Central Asian states, it also
has the fewest press freedom violations, as
self-censorship, in addition to government censorship, is ubiquitous.
As well as being one of the most important news events of the year, the 13
May clashes in Andijan, Uzbekistan, between protestors and the authorities saw
the deaths of hundreds and a widespread
attempt to prevent the media from reporting.
In Bangladesh, the journalism profession is perhaps
one of the most viciously
assaulted in the world
Journalists were barred from covering
the May protests and for several days
after the unrest, all local and foreign journalists were prevented from reporting in
the city. The army and police sealed off
the city and those journalists already
present were expelled. On 18 May, journalists were brought to the city, shown
pre-selected areas, and told stories confirming the government’s version of the
13 May events. According to reports,
journalists were prevented from randomly interviewing the city’s residents.
One of the most important cases concerning the trial and imprisonment of a
journalist occurred in Afghanistan where
religious intolerance was pitted against
the right of a journalist’s free expression.
On 22 October, Ali Mohaqiq Nasab, editor-in-chief of the magazine Hoqoq-eZan (“Women’s Rights”), was sentenced
to two years in prison for publishing articles that claimed apostasy was not a crime
under Islam. After strong international
pressure, on 21 December, the Kabul
High Court reduced Nasab’s sentence on
appeal to six months, three months and
nine days of which were suspended. On
the next day, the journalist was released.
BY DAVID DADGE
116
2005
Afghanistan
Death Watch
Country (1)
T
he creation of the Afghan Independent Journalists Association (AIJA),
between the end of 2004 and the beginning of 2005, is an important step forward for the protection of journalists’
rights in a country where press freedom is
very young and its fundamentals remain
weak.
Established by the concerted effort of
international organisations and “with the
aim of furthering the protection of journalists in Afghanistan and campaigning
for freedom of expression,” AIJA has
been monitoring and investigating attacks
against the fundamental right to press
freedom. In doing so, it has brought violations to the attention of the international community and put pressure on
the Afghani authorities that committed
them. In countries such as Afghanistan,
which have just started their slow and
uncertain transition toward democracy
after long years of autocratic regimes,
avoiding impunity is an important yet
difficult task.
Most problematic are
the articles in the Law that
provide for the creation
of a Commission for
Investigating Media-Related
Offences
In this regard, the case of Shaima Rezayee, a former television presenter for
Tolo TV in Afghanistan, who was shot
dead in her home in Kabul on 18 May,
has yet to be solved. While police have
not confirmed whether Rezayee’s murder
was related to her work as a TV presenter;
to “Hop” was very controversial and led
strong criticism from conservative clerics,
who believed that the show was insulting
Islam and corrupting Afghan youth.
“Hop” which has been compared to the
US American channel MTV, showed
music videos and singers mostly from
Western countries and India. Tolo TV
has come under constant attack since
“Hop” started airing in October 2004.
“Hop” presenter Shekib Isar also said
that since October he has been receiving
threats to both him and his family, and
he has been physically and verbally
abused on numerous occasions. Isar was
forced to live near the Tolo TV station in
Kabul after being attacked by knife-wielding assailants, who dragged him from
his car and beat him.
“Hop” is not Tolo TV’s only show that
has come under attack. In an interview
with Pajhwok Afghan News, Sayed Sulaiman Ashna, producer of the news programme “Tawdi Kharabari” (“Hot Talk”)
on Tolo TV said that he received threats
after inviting Maulvi Arsala Rahmani, a
former Taliban official, to the programme. During the life of the show, Ashna
has interviewed a number of high-profile
people.
According to CPJ, Massood Qiam, a
Tolo TV journalist who presents the news
programme "Gozarosh-e Shashonim"
(“6:30 Report”), said that local authorities had threatened and intimidated him,
along with other journalists from the
show, after he began investigating questionable land deals involving the former
royal family.
The attacks on Tolo TV are part of a
broader clampdown on private and cable
television stations. Based on an RSF report, on 7 November 2004, the Information Minister asked the directors of state
and privately-owned television stations to
stop broadcasting “Islamically incorrect”
programmes, especially Indian and western films showing unveiled women behaving in a way that would shock Afghans. The next day, at a meeting chaired
by President Karzai, the cabinet decided
to ban cable television and threatened to
withdraw Tolo TV’s licence if it was
found that the station was broadcasting
programmes contrary to Islam and Afghan culture.
Afghanistan’s new Constitution as well
as its Media Law, passed in March 2004,
have been widely criticised for not fulfilling international standards on the protection of freedom of expression and other
basic rights. While Article 34 of the Constitution protects freedom of expression,
Article 3 says no law can be contrary to
Sharia law.
Similarly, articles in the Media Law
banning criticism of Islam and other religions, insults against public officials and
publishing “military secrets” do not clear-
ly define the offences nor exclude criminal penalties for media-related offences,
leaving journalists at the mercy of the authorities. Most problematic are the articles in the Law that provide for the creation of a Commission for Investigating
Media-Related Offences.
The Media Monitoring Commission
(MMC) was created in November 2004
after the Supreme Court’s conservative
judges waged a campaign against cable
television during Ramadan. At the time,
Supreme Court President Fazl Hadi Shinwari ordered the closure of ten cable operators. The Commission’s first task was to
scrutinise television programmes, authorising only those that did not broadcast
“anti-Islamic” and “immoral” films and
songs.
The Commission’s first
task was to scrutinise television programmes,
authorising only those that
did not broadcast “antiIslamic” and “immoral”
films and songs
On 16 February, the MMC summoned the director of Tolo TV and asked
that he make changes to the music programme “Hop” and replace its presenter
Shaima Rezayee. Soon afterwards, Rezayee lost her job.
On 13 March, Afghanistan’s national
Ulema Council, comprised of mullahs
from all over the country, criticized all
the country’s state and privately owned
television stations. Convening in Kabul,
some 100 members of the Council issued
a statement asking the government to
stop “immoral and un-Islamic” broadcasts.
Independent channels Tolo TV and
Afghan TV also came in for strong criticism from the Council, for what it described as the “transmission of programmes opposed to Islam and national values.” “We’ve decided this in accordance
with the Constitution and also called for
a ban on telecasts which have dances as
this is absolutely contrary to the Sharia,”
the secretary of the Council, Maulavi
Qiam-ud-Din Kashaf, told Pajhwok Afghan News Agency. However, as Ahmad
Shah Afghanzai, director of Afghan TV
noted, religious scholars and intellectuals
2005
had a big role in drafting the Constitution that the government is bound to
enforce.
Western films, music and dances are
not the only taboo topics in Afghanistan.
At the beginning of July, journalists Rohullah Anwari and Sher Shah Hamdard,
working for Radio Free Europe/Radio
Liberty (RFE/RL), were arrested by intelligence agents in the eastern Kunar
province, while they were covering the
crash of a US military helicopter shot
down on 28 June. Their equipment was
confiscated by the authorities, who gave
no reason for the detention.
According to the Pajhwok Afghan
News wire service, in a separate accident,
Dr Shoaib, a photojournalist with the Associated Press (AP), and his driver Mohammad Daud, were held while covering
an ongoing US military operation in the
Kunar province bordering Pakistan.
Anwari, Hamdard, as well as Shoaib
and Daud, were than transferred to Kabul and held in conditions of extreme
heat, according to the Afghan Independent Journalists’ Association (AIJA) and
the Committee to Protect Afghan Journalists (CPAJ) that visited them on 4
July. The reporters also started a hunger
strike to protest their detention. All four
prisoners were set free on 10 July.
117
An Afghan youth browses the local newspaper Kabul Weekly. looking
for an article about arrested journalist Ali Mohaqiq Nasab, in front of
a mosque in Kabul, Afghanistan on 20 October.
(AP Photo/Musadeq Sadeq)
We’ve decided this in
accordance with the Constitution and also called for a
ban on telecasts which have
dances as this is absolutely
contrary to the Sharia
The attacks and intimidation of journalists increased in the run-up to the parliamentary elections that took place on
18 September. On 2 September, Ezatullah Zawab, editor-in-chief of Meena
(“Love”) magazine and a staff reporter of
Pajhwok Afghan News, was arrested by
police in Jalalabad in the eastern Nangarhar province and held for over one week.
While police gave no reason for the arrest, the Afghan Independent Journalists
Association (AIJA) said that, a few days
before his arrest, Zawab informed AIJA
that local authorities wanted to apprehend him for writing an article on the
poor performance of the provincial information department.
The attacks and intimidation of journalists increased in the run-up
to the parliamentary elections that took place on 18 September.
118
2005
Bangladesh
On 22 October, Ali Mohaqiq Nasab,
editor-in-chief of the magazine Hoqoq-eZan (“Women’s Rights”), was sentenced
to two years in prison for publishing articles that local clerics deemed “anti-Islamic.” The attorney general ordered Nasab’s arrest on 1 October after the magazine printed two articles that claimed
apostasy was not a crime under Islam.
Nasab’s prison sentence disregarded an
investigation of the MMC that, after
meeting on 18 October to discuss Nasab’s
case, concluded that the editor did not
deliberately insult Islam in his articles
and was therefore not guilty of blasphemy.
Many journalists in
Afghanistan believe that the
emergence of new media
outlets has created an
atmosphere of pluralism
in the country that allows
the media to fulfil its role
as watchdog
Under Afghan Law, police, courts and
security agencies cannot detain journalists for any violation without the approval of the allegedly independent MMC,
which is made up of members of human
rights groups and media experts.
In a 19 December press release on the
issue, IPI Director, Johann P. Fritz said,
“…I would invite President Karzai to do
everything possible to resolve this issue
immediately. By doing so, he will be
showing the international community
that press freedom is of central importance to the new, democratic, Afghanistan."
After strong international pressure, on
21 December, the Kabul High Court reduced Nasab’s sentence on appeal to six
months, three months and nine days of
which were suspended. On the next day,
the journalist was released.
Many journalists in Afghanistan believe that the emergence of new media
outlets has created an atmosphere of pluralism in the country that allows the
media to fulfil its role as watchdog of the
government. Such a view was first expressed in a survey carried out by Internews
Afghanistan.
Nevertheless, the same survey also
showed that 54 per cent of Afghan radio
journalists have been intimidated when
reporting on the presidential and parliamentary elections. Threats range from
physical violence and prohibitive laws to
self-censorship. Seventy per cent of these
threats are initiated by warlords and local
government authorities.
In one such case, on 14 September,
Mohammad Taqi Siraj, chief editor of the
weekly Bamyan, along with his colleagues
Baseer Seerat, a cameraman with the Kabul Film Production Company, and Shah
Jan, an official at the Ministry of Women
Affairs, were abducted while returning
from Nuristan Province. The abductors,
although unknown, were believed to be
the followers of local warlords. Siraj and
Seerat were in the province to prepare a
video report for the Women Affairs Ministry. They were accompanying Hawa
Alam Nuristani, journalist and candidate
for the 18 September election, when unidentified gunmen attacked her. Nuristani, who was shot and wounded in the
attack, was than taken to a western forces’
hospital, while the two journalists and
the Ministry official were kidnapped.
Fortunately, Siraj, Seerat and Shah Jan
managed to escape on the night of 20
September while their abductors were
G
sleeping.
Death Watch
Country (3)
D
eath threats against journalists in
Bangladesh have become so common that, for much of the time, they are
disregarded by local police. However, in a
number of cases over recent years such
threats have been followed by physical
attacks, even deadly ones.
Three journalists were killed this year
in Bangladesh. In all three cases, it is not
clear if the attacks were related to the
journalists’ work.
On 17 November, Gautam Das, Faridpur, District bureau chief for the Dhaka-based daily newspaper Samakal, was
found strangled to death in his office in
Faridpur. It was not known whether he
was killed because of his work, but colleagues said he had recently been reporting on the activities of militant Islamic
groups.
On 31 May, Golam Mahfuz editor of
the daily Comilla Muktakantha, was
killed in his residence/office in Comilla
while he was sleeping.
It was not known
whether he was killed
because of his work, but
colleagues said he had
recently been reporting on
the activities of militant
Islamic groups
On 11 February, Sheikh Belaluddin
Ahmed, a correspondent for the Bengalilanguage daily Sangram, died from injuries sustained in a 5 February bomb blast
near a press club in Khulna. Three other
journalists were injured in the attack:
Sheikh Abu Hasan, a reporter for the
daily Prothom Alo and chairman of the
Press Club; Jahidul Islam, a photographer
for the national daily Jugantor; and Rafiul
Islam Tutul, a reporter for the daily Loksomaj.
Following the bomb attack, a group of
journalists, worried about the increasing
dangers that they have to face, formed
the Forum to Protect Journalists. Created
during a 12 February meeting in Dhaka,
the Forum immediately organised de-
2005
monstrations to be held on 19 February
in several cities throughout the country
to condemn the killing of Ahmed and
call on the government to step up efforts
to track down the culprits behind “regular” killings of media figures, as Agence
France Press (AFP) reported.
It is unlikely that these attacks against
journalists are going to stop any time
soon. First of all, more often than not,
the persecutors are never brought to justice. What is even more worrying, in many cases, the attacks are carried out by
either members of the ruling Bangladesh
Nationalist Party (BNP) or organisations
and parties linked to the BNP.
Instead of doing anything to limit such
attacks on the media, the ruling party has
sometimes encouraged them. In one such
case, on 31 August, a member of parliament from the BNP, Shahidul Alam
Talukder, while attending a BNP meeting, made a speech insulting the press
and calling for violence against journalists.
Two weeks later, on 17 September,
Anwar Hossain, a journalist with the daily Dainik Khobor Patra was seized and
beaten by members of the BNP after he
wrote an article on a corruption case.
On 18 October, BNP leaders held a
protest rally and set fire to the Dainik
Jugantor, after the newspaper published a
report titled, “Bangla Bhai – the chief of
Islami Militants stays in a BNP leaders
house,” according to the IFJ.
It is unlikely that
these attacks against
journalists are going to
stop any time soo
The IFJ also reported that, on the
same day, the public relations secretary of
BNP, Golam Rasul Yousuf, threatened to
kill journalist Asaduzzaman Milon and to
blow up the Press Club. Asaduzzaman
Milon is a correspondent for Dainik Ittefaq and News Network of Bangladesh
(NNB), as well as the president of the
Soronkhola Press Club in Bagerhat.
On 9 August, Shahidul Alam Talukder, a local BNP leader in the southern
city of Baufal, beat up Manjur Morshed,
a correspondent for the national daily
Jugantor and member of the Bauphal
Press Club. The attack occurred after ten
of his men kidnapped the journalist from
his workplace at the local college. On the
previous day, Jugantor had published an
article implicating Talukder in a corruption scandal. After beating Morshed,
Talukder also threatened to terminate his
job in the college and evict the Bauphal
Press Club, according to local news reports.
Two days before Morshed’s beating,
Ajker Barta reporter Shimul Chowdhury
was assaulted by a businessman linked to
Hafiz Hibrahim, a local BNP leader and
parliamentary representative for the southern city of Bhola, after reporting on
corruption cases. The police refused to
register his complaint because of his assailant’s identity.
The police refused to register his complaint because
of his assailant’s identity
On 7 July, security guards outside the
National Security Intelligence (NSI)
office in Dhaka assaulted two photographers. The photographers were taking
pictures of political graffiti on the external wall of the restricted NSI office, when
they were assaulted and beaten up by
members of the NSI. A few minutes later,
when the news reached the office of the
Bangladesh Photojournalists Association,
other journalists rushed to the scene, but
they also came under attack. At least ten
photographers were injured and two others detained for a few hours. Police, who
had arrived in two vans, did not intervene according to reports.
In a separate accident, on 21 May, two
photographers were injured by baton
wielding riot police, while they were covering an anti-government demonstration
in Daka.
On 30 May, according to CPJ reports,
a local BNP leader, who had invited him
to his office to discuss a recent article critical of him, physically and verbally assaulted Nawroz Faisal Bidyut, a reporter
for the daily Ajker Kagoj.
The attacks against journalists in
Bangladesh were not only physical ones.
On 1 September, MP of BMP Shahidul
Islam Master filed defamation cases
against 17 editors, publishers and reporters of Janakantha, Inqilab, Manab Zamin, Amar Desh and Gramer Kagoj dailies
for publishing reports insulting him and
119
undermining his political image.
In July, IFJ reported that five journalists were allegedly falsely implicated in
extortion charges by BNP politician
Shahidul Islam, after they published a
story reporting on corruption within
Shahidul’s cadres.
The case against journalist Salah Uddin Shoaib Choudhury has yet to be resolved. In his newspaper The Weekly Blitz,
Choudhury, a Muslim journalist, “condemn[ed] radical Islam’s growing power
in Bangladesh” and “advocate[ed] interfaith dialogue and an end to the blind
hatred of Israel in his country,” as the
Jerusalem Post reported. The journalist
was arrested in November 2003, as he
was boarding a plane to Tel Aviv to
address the Hebrew Writers’ Conference
in Tel Aviv on “The Role of Media in
Creating a Culture of Peace.”
Shortly after his arrest, police raided
his home, the office of his magazine was
ransacked and his family was threatened
and attacked. Police blamed the attacks
on Choudhury’s “alliance with the Jews.”
Arrested for “attempting to travel to
an enemy country,” Choudhury was then
charged with sedition, a capital offence in
Bangladesh, in February 2004 and is still
awaiting trial.
Attacks against journalists have been
carried out not only by the government,
but also by other groups more or less
linked to the government. Most of the
attacks are in retaliation for investigative
or other reports about them.
Shortly after his arrest,
police raided his home, the
office of his magazine was
ransacked and his family
was threatened and attacked
According to CPJ, at the beginning of
September, Islamic militants threatened
to kill nine journalists in southern Bangladesh unless they stopped reporting on
the activities of three groups calling for
the establishment of an Islamic state
through “armed revolution.” The threatening letters were signed by the outlawed
Islamic militant group Bangla Bhai, the
radical movement Ahle Hadith, and the
Islamic political party Jamaat-i-Islami, a
partner of the ruling BNP in parliament.
120
2005
Bhutan
Such threats, often followed by attacks, are the everyday experience of journalists working in Bangladesh.
At the end of June, Rafiqul Islam, a
correspondent for daily Amar Desh, filed
a complaint with the police about repeated threats from members of the ruling
party’s student wing, Jatiyatabadi Chhatra Dal (JCD), after he reported on alleged extortion by JCD cadres. One week
later, on 6 July, a group of JCD activists
entered the Durgapur Press Club and
assaulted Rafiqul Islam, leaving him seriously injured, according to reports.
These are only few examples from an
endless number of threats received by
Bangladeshi journalists this year and, in
most cases, thoroughly reported by the
local press, which, despite all attacks, remains lively and courageous and willing
to carry out its “watchdog” mission. G
A
lmost completely cut off from the
outside world for decades, the people of Bhutan have witnessed big changes
in the last few years.
The Wangchuk hereditary monarchy,
that has held power in Bhutan since
1907, promised to relinquish power in
2008 and switch to a parliamentary
democracy. Bhutan’s transition towards
democracy began four years ago when
King Jigme Singye Wangchuk handed
over the powers of daily governance to a
council of ministers. This year, the King
appointed an election commissioner and
announced the appointments of two
other key constitutional posts in the first
formal steps towards the transformation.
In March, a 34-point constitution was
presented by the government for discussion and is expected to be ratified in a referendum, although no date has been set.
While the draft constitution represents
a step towards greater democracy, Bhutanese political parties and Bhutanese refugees in Nepal complained that it does
not support full democracy, and is not in
the interest of the people. For this reason,
they have started drafting an “alternative
constitution.”
This year, the king
appointed an election
commissioner and
announced the appointments of two other
key constitutional posts
in the first formal steps
towards the transformation
The general secretary of the Druk National Congress, a Bhutanese political organisation in exile, said the “alternative
Constitution” will propagate constitutional monarchy, multi-party democracy
with the sovereignty vested in the people.
There will be provisions for constitutional amendments and guarantee of fundamental rights including press freedom.
On the media side, the greatest change
this year has been the Bhutan Broadcasting Service (BBS), which has been
broadcast on satellite across the kingdom.
This has been made possible by an agreement that the BBS signed with the
Indian Space Research Organization (ISRO), under which ISRO will lease out a
bandwidth on INSAT 4A for a period of
three years to the BBS. The government
of India is supporting the BBS by paying
for the lease.
Up until now, television broadcasting
has only reached a few miles around
Thimpu and truck and mule deliver
VHS tapes of the TV programmes to the
largely rural population.
During the 1998 World
Cup, the King gave in to
his people’s clamour for
access to the final and
thousands watched France
beat Brazil on a vast screen
in the main square of the
capital, Thimpu
Television was banned in Bhutan until
1999. “During the 1998 World Cup, the
King gave in to his people’s clamour for
access to the final and thousands watched
France beat Brazil on a vast screen in the
main square of the capital, Thimpu,” The
Guardian wrote. One year later, the king
lifted the ban on television.
Under the draft constitution, Bhutanese citizens can apply for licences to
start new cable and satellite channels. It is
however unlikely that anybody in the
country will have enough funds to set up
G
a television channel.
2005
121
Burma (Myanmar)
W
idely recognised as the most
repressive country in South East
Asia, Burma this year started persecuting
not only journalists who live inside the
country, but also those who in recent
years were forced to flee to neighbouring
countries. This was possible thanks to the
help offered by the governments of these
countries, which, attracted by the possibility of an economic cooperation with
Burma, have sought a closer friendship
with the country’s military dictatorship.
This new attitude towards Burma’s
military junta has had dire consequences
for Burmese refugees, including the journalists, living in neighbouring Thailand,
China, India and Bangladesh.
At the beginning of the year, under
pressure from Burma’s junta, the Thai
government started a programme to relocate an estimated 4,000 Burmese refugees, among them journalists, to new
camps near the border with Burma. Journalists operating from within Thailand
had major problems carrying out their
work as a consequence of the relocation.
According to reports by the Burmese online news agency Mizzima, inside the
camps, journalists are denied access to
the Internet, mobile phones or any other
means to keep in touch with the outside
world and their sources of information.
Furthermore, the United Nations High
Commissioner on Refugees (UNHCR)
told the journalists that they could be
arrested and repatriated to Burma, if they
left the camps.
This was possible
thanks to the help offered
by the governments
of these countries
The repressive Burmese government
restricts free reporting so much that in
recent years many journalists have been
forced to move out of Burma, and set up
media outlets reporting on Burma from
abroad.
This has been the only way to ensure
relatively open reporting on this most
restrictive country, where the Press Scrutiny and Registration Division (PSRD)
subject all news to prior censorship before being published.
The most respected outlets reporting
on Burma, such as Mizzima News Agen-
cy or the Democratic Voice of Burma
(DVB), are all based outside of the country. According to the South East Europe
Press Alliance (SEAPA), there are about
20 Burmese news organisations operating
near Burma’s borders in South and Southeast Asia, most of them along the BurmaThailand border.
However, even abroad, Burmese media are not out of danger. In October, Kaladan Press Network, a Burmese news
group based in Bangladesh, was forced to
close down its office following a crackdown on an exiled Burmese Muslim religious group. In the same month, unidentified Thai and Burmese officers raided
the home of a Burmese stringer for DVB
based in Thailand. The journalist was forced to leave his home fearing for his life.
Journalists operating
from within Thailand had
major problems carrying
out their work as a consequence of the relocation
Following these attacks, Burma News
International organised a conference attended by Burmese journalists abroad as
well as representatives of international
press freedom organisations to look for
ways to ensure the safety of exiled Burmese journalists. Many Burmese journalists operating from abroad do not even
have clear legal status nor work permits.
Participants at the conference set up a
committee to ensure that journalists can
enjoy some kind of protection as well as
recognition of their status as journalists.
Inside Burma, the situation for journalists looks bleak and shows little or no
signs of improvement. Even if some journalists were released from prison at the
beginning of the year, as part of two
major amnesties ahead of the ASEAN
meeting in Laos, at least five journalists
remained in prison at the end of the year
and the press is strictly controlled by the
government.
Burma, which was expected to take
over ASEAN’s rotating presidency during
its meeting held this year in Vientiane,
was under a lot of international pressure
for its poor human rights record. Eventually, in response to this pressure, Burma
decided to forgo its rotating chairmanship of ASEAN; however, Burmese media
were not allowed to report on this.
Journalists Zaw Thet Htwe, Thein
Tan, Aung Myint and Ohn Kyaing were
among the thousands of prisoners that
the military junta released on 3 January.
Zaw Thet Htwe, an editor of the
sports magazine First Eleven, was serving
a three-year sentence for “high treason,”
based on unproven allegations that he
was linked to an assassination attempt
against government leaders, according to
RSF reports.
Thein Tan was imprisoned in 1990
for writing about four Burmese demonstrators killed in August 1990. He was
also a senior member of the opposition
National League for Democracy (NLD)
party.
Aung Myint was serving a 21-year
prison sentence for supplying information to foreign media about the plight of
NLD leader Aung San Suu Kyi in September 2000. A journalist and poet, Aung
Myint is also the head of the NLD’s information department.
Ohn Kyaing was arrested in September 1990 by Military Intelligence Service
agents and sentenced to 17 years in prison for “writing and distributing seditious pamphlets” and “threatening state
security”. He was also a NLD Member of
Parliament.
In the same month, unidentified Thai and Burmese
officers raided the home of
a Burmese stringer for DVB
based in Thailand
Two further imprisoned Burmese journalists, documentary filmmaker Aung
Pwint and freelance journalist Sein Hla
Oo, were released on 6 July as part of a
second amnesty in which Burma’s junta
released a total of 249 political prisoners.
According to CPJ reports, Sein Hla Oo, a
freelance journalist, former editor, and
NLD Member of Parliament, was arrested in 1994 and charged with “fabricating
and sending antigovernment reports” to
foreign embassies, radio stations and
journalists.
Aung Pwint was arrested in October
1999 together with Thaung Tun, better
known by his pen name, Nyein Thit, for
making independent documentaries that
portrayed the harsh realities of everyday
122
2005
Cambodia
life in Burma, including poverty and forced labour. They were both sentenced to
eight years in prison.
Nyein Thit was still imprisoned at the
end of the year, together with at least four
other journalists.
Only two days after the amnesty, on 8
July, Burma’s authorities sentenced Win
Aung, a township leader of the National
League for Democracy (NLD), and Khin
Maung Win, an NLD supporter, to ten
years each in prison. Soe Win Aung, a
high school teacher, received a three-year
prison sentence.
For example, coverage of
the bombings that hit
Rangoon on 8 May this
year was banned and relief
workers were ordered not to
speak with reporters
According to Mizzima News Agency,
the three were arrested on charges of possessing and watching video of opposition
leader Aung San Suu Kyi’s tour of
Northern Burma in 2003 and other unlicensed books.
Cartoonist Chit Swe, who is also deputy chairman of the National League for
Democracy’s (NLD) Thanlyin branch,
was arrested on 12 July at his home in
Thanlyin after he attended a meeting of
NLD members. Chit Swe’s cartoons are
well known for illustrating the country’s
socio-economic problems.
Burma’s government forbids reporting
not only on any issue that could be perceived as controversial or in anyway critical of the government; but also on any
news touching on poor local economic
conditions, natural disasters, the AIDS
epidemic, human rights, Aung San Suu
Kyi’s detention and her political movement, to mention a few.
For example, coverage of the bombings that hit Rangoon on 8 May this year
was banned and relief workers were ordered not to speak with reporters. Also,
the number of casualties was kept secret.
New regulations banning the use of
anonymous sources in published reports
were passed on 1 May by the Information
Ministry’s Press Scrutiny and Registration Board (PSRB). According to the new
rules, all sources of news must be clearly
identified; if not the stories will be deem-
ed unauthorised and liable for rejection
and penalties.
On the same day, the weekly The Voice
was suspended by the PSRB for quoting
an unnamed source and conveying a “negative perspective” in a March article,
Mizzima reported. After the suspension,
The Voice’s editor-in-chief, Kyaw Min
Swe, was subjected to frequent interrogations by the military’s Speech Branch.
In a development that exemplifies the
Burmese government’s attitude toward
the media, on 1 August, the PSRB issued
new press censorship regulations that its
director said would offer concessions to
the media in return for a more proactive
approach to supporting the junta. Talking about the new regulations, PSRB director Tint Swe said that critical reports
on Burmese government projects may be
tolerated as long as criticisms are deemed
“constructive,” as reported by the Myanmar Times.
Tint Swe also added that media coverage of natural disasters and poverty, previously banned, would also be allowed as
long as the reports do not affect national
interests.
Tint Swe also added
that media coverage of natural disasters and poverty,
previously banned, would
also be allowed as long
as the reports do not affect
national interest
Observers agree that such vague definitions included in the new regulations
will not broaden the scope of press freedom in the country. Furthermore, the
new regulations include a section on publishing licences that tightens control over
authorised publications’ editorial teams
and allows the PSRD to block the transfer of a broadcasting licence from one
G
publisher to another.
T
his year’s developments in Cambodia show that the old adage is true;
namely that restrictions on citizens’ fundamental rights and liberties are often a
consequence of the insecurities of the
country’s leadership.
While Cambodia’s transition to democracy is far from being completed, the situation has further degenerated in the last
months of 2005. In response to criticism
of the border agreement with Vietnam
that Cambodian Prime Minister Hun
Sen signed during his visit to the bordering country from 10-12 October, the
Prime Minister started a broad crackdown on anyone he believed was accusing him of giving Cambodian land to
foreigners.
Following this assault
on dissent, many
Cambodian human rights
advocates left the county
or went into hiding
Following this assault on dissent, many Cambodian human rights advocates
left the county or went into hiding, according to reports by Human Rights
Watch.
Between October and the end of the
year, at least eight journalists were accused of defamation for criticising the
government border agreement.
Among them was Mam Sonando,
owner of Beehive radio FM 105, who was
arrested on 11 October and charged with
defamation under Article 60 of the Cambodian Penal Code. The accusation stems
from an interview with the chairman of
the France-based Cambodian Committee
on Border Treaties with Vietnam, Sean
Peng Se. In the interview, Sean Peng Se
suggested that the border treaty allowed
Vietnam to control Cambodian lands,
according to reports. A few weeks after
the arrest, the journalist was denied bail
on the grounds that allowing the suspect
to stay out of detention would harm
the investigation of the case, as the judge
put it.
Beehive Radio is well known for
broadcasting independent news as well as
offering airtime to Voice of America and
Radio Free Asia, despite the Vietnam
government’s ban on re-broadcasting of
foreign news.
2005
Rong Chhun, president of the Cambodia Independent Teachers’ Association,
was arrested on 15 October for signing
an 11 October statement issued by the
Cambodia Watchdog Council, of which
Rong Chhun is member. The statement
criticised the border agreement. Rong
Chhun was charged with defamation and
“incitement to commit a criminal offence.”
Defamation under Article 60 of the
Provisions Relating to the 1992 Judiciary
and Criminal Law and Procedure Applicable in Cambodia during the Transitional
Period, commonly known as the UNTAC
Law, carries a maximum one-year prison
sentence. Incitement to commit an offence under Article 63 could warrant up to
five years’ imprisonment.
Rong Chhun was charged
with defamation and
“incitement to commit a
criminal offence”
Most problematic is the fact that, despite the existence of a press law that defines libel and defamation as a civil offence and provides for monetary compensation, the authorities continue to bring
criminal cases against journalists under
the UNTAC Law.
In another example, on 22 September,
a police officer in Koh Kong filed a criminal defamation suit against the local
newspaper Cambodia Today, after the
newspaper published an article alleging
that the police officer had helped a suspected human trafficker flee the country,
according to IFJ reports.
In a 2004 meeting with
donor countries, the
government promised to
pass a Freedom of Information Act by 2005x
The criminal law was also used to
charge Cambodia Daily reporter Kay
Kimsong, who was fined US$7,300 for a
2001 article reporting accusations against
Foreign Affairs Minister Hor Namhong
for violating human rights during the
Khmer Rouge regime. The Supreme
Court rejected Kimsong’s appeal that he
be tried under the 1993 Press Law, which
would make the defamation case against
him a civil one. Instead, the Court upheld a guilty verdict considering the article defamatory under the UNTAC Penal
Code.
Governmental corruption
is very widespread in
Cambodia
Journalists in Cambodia are intimidated not only by legal means, but also
through physical attacks in retribution
for their investigations. Corrupt government or military officials carry out these
attacks or other groups involved in illegal
activities.
On 5 September, journalist Nhen Sokha with the Kampuchea Thmei Daily,
was allegedly punched by a military intelligence officer, who then pointed a gun at
the journalist. At the time of the attack,
Sokha was taking photographs of illegal
logging.
On 30 September, Ratha Visal, a journalist for Radio Free Asia, who was investigating illegal logging in northern
Cambodia and taking photographs of the
area, was hit by a truck that was transporting the illegally cut wood. The journalist suffered minor leg injuries.
Governmental corruption is very
widespread in Cambodia and donor
countries have long applied pressure on
the Cambodian government to pass a
freedom of information law that would
help fight corruption.
Although Article 5 of the much disregarded Cambodian Press Law guarantees
the right to access information, the
Article also states that this right is limited
to information that does not damage national security, relations with other countries and endanger public officials carrying out the law.
In a 2004 meeting with donor countries, the government promised to pass a
Freedom of Information Act by 2005 and
an anti-corruption law by 2006. However, Cambodia’s officials have recently
changed their intentions as they started
suggesting that too much freedom of
information would encourage terrorism
and endanger the country.
The Cambodian government’s systematic silencing of anybody exposing corruption clearly shows that the government has no interest in fighting corrup-
123
tion but rather in keeping the status quo.
According to reports by the IFJ, on 20
February, 2,100 copies of a report by the
environmental and human rights advocacy group Global Witness titled, “Institutionalised Corruption and Illegal Logging in Cambodia’s Aural Wildlife Sanctuary” were seized by customs officials at
Phnom Penh’s Airport. Once again, on
18 July, a representative of Global Witness was prevented by Cambodian authorities from entering the country upon
his arrival at Phnom Penh. He was put on
G
a plane back to Thailand.
124
2005
People’s Republic of China
By Maureen Patricia MacNeill
C
hina has persecuted its freethinking
and speaking journalists many times
in the past. However, the attacks broadened in their scope this year in an attempt to more tightly control the Internet and ban key Web sites and words, as
well as prevent journalists from posting
controversial information.
A ban on new foreign television channels, stronger censorship moves, the banning of a global satellite channel and the
recent detainment of two foreign journalists “could signal the start of total war on
year’s end 42 journalists were held, about
half of whom were imprisoned for work
distributed online. Authorities, meanwhile, hire tens of thousands of Internetcontrol personnel, whose job it is to police online content.
Beijing announced new “Rules on the
Administration of Internet News Information Services” in September to update
those brought into effect in 2000. The
goal is to prevent the distribution of uncensored versions of news events or commentary. The restrictions are wide-reaching, including all news related to “politics, economics, military affairs, foreign
In a further attempt to restrain Web
activity, the authorities issued a decree
that all Web sites in the country must be
registered by 30 June – with the complete
identity of those responsible – or be shut
down. Authorities say they are making
the move to “control information that
endangers the country.” This mainly affected individuals who run blogs, one of
the few methods of open communication
left to people in a country where information is strictly regulated. A new surveillance tool, called “Pa Chong” (“Night
Crawler”), allows censors to discover and
block unregistered sites.
Chinese authorities have also blocked
access in several provinces to Wikipedia,
an on-line encyclopaedia Web site, which
has been steadily gaining in popularity in
China, since 18 October. The site had
been blocked earlier in June and September 2004 because of dissident political
content.
The IFJ added
that the government has
made moves to intensify
censorship of materials
considered to carry possible
dangerous social and
political influences over
the past two years
A woman uses the Internet at a computer store in Beijing in this 21 July 2004 file
photo. Students in Beijing held protests after Chinese authorities barred non-students
from using Shuimu.com, a Tsinghua University chat room, which had been used for
lively debates on everything from physics to politics.
(AP Photo/Greg Baker, File)
press freedom,” according to Aidan
White, IFJ General Secretary. The IFJ
added that the government has made
moves to intensify censorship of materials
considered to carry possible dangerous
social and political influences over the
past two years.
“We hope the United Nations high
commissioner will adopt a firm stance on
China, which is the world’s biggest prison
for journalist and cyber-dissidents,” RSF
said.
Currently, 31 journalists and 64 Internet dissidents are serving time in Chinese
jails, according to RSF. China was the
world’s leading jailer of journalists for the
sixth consecutive year in 2004, when at
affairs, and social and public affairs, as
well as fast-breaking social events”, such
as a coal mine disaster, an official demotion, a strike, or an organised protest
against environmental degradation, said
RSF.
The new measures also state that individuals who wish to distribute news or
news analyses must first register as a news
organisation. This ensures that Internet
rights will only be granted to those who
tow the government line. Web sites found
breaking the rules are to be shut down
and fined up to US$ 370. The CPJ stated that three Web sites have been closed
since the announcement.
As well as increasing its attacks against
“bloggers” and other Web site users and
journalists, the Chinese government on
13 July imposed a ban on partnerships
between Chinese electronic media and
foreign media groups. The new regulation “jams the brakes on liberalisation
initiatives begun last year and once again
shows that the Chinese government is
bent on keeping the press firmly under its
yoke,” said RSF.
The State Administration of Radio,
Film and Television (SARFT) made the
new rules, which ban radio and television
companies from renting their channels to
foreign companies, co-operating with
them on joint projects or launching television and radio programmes or live
broadcasts that are co-produced. In the
year before, joint ventures and the broadcast of foreign programmes were allowed,
but the authorities’ concern about the rising impact of foreign media influence
2005
had already led to a restriction last March
which limited each foreign media group
to no more than one contract with a Chinese media company.
Meanwhile, the authorities continue
to jam radio signals as they please. They
recently blocked information from a USbased news and cultural programme called “Sound of Hope Radio” as well as
news from networks like Radio Free Asia,
the Voice of America, the BBC, and the
Voice of Tibet.
Foreign companies including Viacom,
Sony Pictures and Rupert Murdoch’s
News Corporation have been racing to
get their foot in the door of a lucrative
market as dozens of new electronic media
companies are launched in China.
Multinational companies are being accused of putting money above human
rights and being complicit in China’s violations of freedom of speech and the
press. They are accused of accepting restrictive regulations set out by the body in
an effort to keep their share of a booming
market. China has the world’s largest
market, after the United States, with 100
million Internet users.
125
Chinese Web site Alibab.com for US$1
billion, and in 2003 it spent US$230
million to buy the search engine 3721.
com. Yahoo! was the first search engine to
agree to self-censorship, and voluntarily
signed the “Public Pledge on Self-Discipline for the China Internet Industry” in
2002, agreeing to abide by Chinese regulations censoring its search engine. The
agreement removes all “subversive” news
and information from search results.
Yahoo! has also come under attack
after it was revealed its Hong Kong subsidiary provided information to Chinese
authorities, which was used to convict
accord on 1 September granting New
Tang Dynasty TV (NTDTV) long-term
use of a Eutelsat satellite. The new contract guarantees the channel the right to
broadcast to Asia via the satellite for the
next six years, which opened up a free
flow of information in a very controlled
market. The European satellite company
Eutelsat had bowed to Chinese pressure
in March of this year, cancelling NTDTV’s contract and sparking strong protest
by press freedom organisations. The USbased Chinese television network, which
earned, over the five years of its existence,
an international reputation for objective
The goal is to prevent
the distribution of uncensored versions of news
events or commentary
Microsoft was allegedly the latest Internet service provider to bow to the pressure of the administration and actively
engage in self-censorship in order to
achieve its share of the market. The software giant agreed in June to join a handful of high-powered Internet service
providers who will block bloggers from
using sites containing terms such as “democracy,” “freedom,” “capitalism,” “Dalai Lama” or “Falungong.” China’s Internet users cannot find sites that do not
have government approval, including the
BBC and Amnesty International. If governmental filters find a blocked word on
a requested site, uploads of those sites
cease, and users receive a warning that
says, “This message contains a banned
expression, please delete this expression.”
US-based multinational Yahoo! is going to great lengths to achieve a foothold
in the Chinese marketplace. It signed a
deal recently to purchase 40 per cent of
Jerry Yang, co-founder of Yahoo! listens to questions from the audience
at the China Internet Summit on 10 September in Hangzhou.
and jail journalist Shi Tao. The company
had no choice but to comply with local
laws, stated Yahoo! co-founder Jerry Yang.
Google has also agreed to censor its search
engine.
The tightening of controls also extended to television satellites when, on 5 August, China’s Culture Ministry is reported to have announced greater restrictions
over the 31 foreign television satellite
broadcasters holding licences to operate
in China. The government also plans to
ban new licences for companies to import newspapers and magazines, electronic publications, audio-visual products
and children’s cartoons.
A small victory was gained after
months of talks with the signing of an
and timely reporting of political, cultural
and economic stories in Chinese, reaches
millions of viewers in mainland China
via satellite. It had been faced with the
threat of losing coverage privileges at the
2008 Olympic Games, to be held in
Beijing.
NTDTV is an independent, generalinterest television network headquartered
in New York City that reports on a range
of social, political and cultural affairs in
China and Chinese communities around
the world. Because NTDTV also reports
regularly on human rights violations in
China, the government in Beijing has attempted, unsuccessfully, to block its signal from reaching the mainland.
126
The imprisonment of two foreign
journalists in China has stepped up media oppression. The New York Times’ researcher Zhao Yan faced charges in December of leaking state secrets, as well as
a lesser charge of fraud. Zhao has been in
prison since September 2004, after The
New York Times’ accurately predicted the
retirement of Jiang Zemin from his post
on the Central Military Commission.
The charges could lead to a prison sentence of ten or more years. Zhao’s New
York Times’ colleagues claim he did not
provide them with state secrets.
This ensures that Internet
rights will only be
granted to those who tow
the government line
A second foreign journalist, Ching
Cheong, a Hong Kong reporter for Singapore daily The Straits Times, was still
being held without charge in December.
Authorities have held Ching since 22
April without a lawyer on the accusation
of spying for Taiwan, a move that has
sparked international outrage. If the charges are proven to be true, he faces the
death penalty.
He was detained while looking for
transcripts of interviews with ousted former leader Zhao Ziyang, said his wife
Mary Lau. It is not Ching’s first brush
with Chinese authorities; he spent 15
years under house arrest for opposing
military action at Tiananmen Square in
1989. The veteran journalist has reported
on China for more than 20 years.
The Chinese government also withdrew visas to two Chinese-language television reporters, who were planning to
join Canadian Prime Minister Paul Martin during a visit to China in the middle
of January. Danielle Zhu and David Ren
of the New Tang Dynasty (NTDTV)
satellite television network had visas
granted to them on 12 January, but they
were suddenly and without explanation
revoked, according to PEN Canada.
In a dramatic attempt to stifle the reporting of an important incident to both
Chinese and international citizens, government authorities imposed a news
blackout and put a ten-km security perimeter around the south-east village of
Dongzhou, and set up checkpoints on all
roads leading to the village after protesters were attacked and killed by security
forces on 6 December. Officials say three
people died, while villagers have reported
to foreign journalists that up to 20 were
killed.
Human Rights Watch said it is the
first known shooting of public protestors
since the Tiananmen Square massacre in
1989. The villagers were protesting because they were not properly compensated for land expropriated for a power
plant.
Local media are only allowed to use
reports provided by Xinhua, China’s official news agency, while Internet service
providers have been ordered to censor all
messages about the incident on online
discussion forums.
Two other incidents of a crackdown
on information include the disappearance of Shi Xiaoyu after the businessman
reported online about steel worker protests in the central Chinese town of
Chongqing. Shi started posting information when the struggles started in August,
and was taken from his home by police in
October. Chinese media had not reported an October police crackdown, in
which two protestors were killed and many more injured.
Authorities say they are
making the move to
“control information that
endangers the country”
A popular Internet forum Yannan providing coverage and debate on a turbulent recall campaign was closed down at
the end of September, according to Radio
Free Asia, in the wake of a news blackout
on events in the Guangdong Province village of Taishi. It was to be closed until
further notice for “cleanup and rectification” after stories and debate appeared
about the recall campaign against Taishi
village chief Chen Jinsheng, who was being accused of corruption. The action
took place less than a week after authorities announced new rules restricting
Internet news and online content. The
case caught the interest of journalists,
academics and legal scholars who saw it
as a test in the government’s commitment
to small-scale democracy.
2005
CPJ Executive Director Ann Cooper
said: “Coupled with the announcement
of new Internet regulations, China is sending a clear and disturbing message that
it intends to crack down on free expression on the Web.”
Writer and activist Yang Maodong,
known by his pseudonym. In October
Guo Feixiong was officially arrested for
“gathering crowds to disturb public order” in relation to the activities at Taishi.
Yang had disappeared in mid-September
in Guangdong Province, where he had
been coaching residents in the recall campaign. Yang had provided reports to the
press and they had also appeared regularly on Yannan, until it was shut down.
If governmental filters
find a blocked word on a
requested site, uploads of
those sites cease, and users
receive a warning that says,
“This message contains a
banned expression, please
delete this expression”
At the same time in Taishi, two foreign journalists were physically attacked
by militiamen and thugs who seemed to
be hired by local authorities. Malaysian
journalist Leu Siew Ying of Hong Kong’s
South China Morning Post and French
journalist Abel Segretin of Radio France
Internationale were punched and beaten
on the backs of their heads on 7 October.
The town is now under a virtual siege,
with residents banned from speaking
to journalists. Any journalists who try to
investigate are told to reprint an article
from a local paper which dismisses allegations against Chen.
Journalists were also ordered by authorities not to report on the death of
Zhao Zhiyang, who was purged for
opposing the 1989 Tiananmen Square
crackdown. The Communist Party, fearing possible protests, ordered state radio
and television not to announce Zhao’s
death on 17 January. Zhao had challenged former leader Deng Xiaoping’s order
to use force on students at the protest.
Internet journalists are paying a high
price for trying to get information out.
Three notable cases this year include that
of Shi Tao, who is serving a ten-year sen-
2005
tence and being forced to do labour in a
Chinese jail. Shortly before his trial, Shi’s
defence lawyer, Guo Guoting, received
notice that his licence to practice law had
been suspended for one year. Guoting
was set to be the defence attorney for
three jailed journalists and many other
dissidents, including members of the
Falun Gong sect.
Shi was convicted in April of “illegally
divulging state secrets abroad” because of
information he distributed on Yahoo! He
was held for several months in Taiyuan,
and was moved in September to Chishan
prison where he is said to be suffering
from respiratory problems and skin inflammation as a result of his forced labour at a jewellery factory, according to
RSF.
He was convicted in April of 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. The message was top
secret, according to Chinese state security, a claim Shi denies. Authorities confiscated his computer and documents and
warned his family to keep quiet about the
incident. Shi’s June appeal was rejected
without a hearing.
Officials say three
people died, while villagers
have reported to
foreign journalists that up
to 20 were killed
Another Internet dissident, Zhang
Lin, was sentenced to five years in jail in
July for “violating national security.” He
had written for overseas news web site
blocked in China, including “Boxun
News” and “Epoch Times,” about the Falun Gong movement, said CPJ. He was
detained on his return to Anhui province
after travelling to Beijing to mourn the
death of ousted leader Zhao Ziyang. Guoting was also set to be his lawyer. The
May indictment against Zhang cited six
articles strongly critical of Communist
Party rule. Zhang staged a hunger strike
in protest of his imprisonment; he was
hospitalised and reported to be in ill
health.
Li Jianping is also being persecuted for
writing articles for overseas news Web sites banned in China, including “Boxun
News”, “Epoch Times”, “China Democracy”, and “ChinaEWeekly”, some of
which were critical of Communist Party
leadership. Li was formally arrested for
defamation on June 30, but charges have
not yet been laid.
Another dissident
journalist, Chen Yanbin,
co-editor of Tielu, was
released in April after
spending 14 years and seven
months in jail for allegedly
“spreading counter-revolutionary propaganda”
Other journalists, including Zheng
Yichun, an Internet poet and writer, are
still behind bars. Yichun was tried in
December of 2004 after writing stories
criticising China’s leadership. He has not
been allowed to receive visits from family
members. Meanwhile, imprisoned journalist Jiang Weiping, now serving his
fifth year, is said to be in ill health.
Another method being increasingly
used to muffle and penalise journalists
and media organisations for critical stories are libel suits. Although criminal libel
rarely leads to jail time, a freelance writer,
Zhang Ruquan, was sentenced to three
years imprisonment for defamation that
“seriously undermined social order or the
state interest” after writing an article critical of former leader Jiang Zemin.
On a positive note, there has been
some progress in the release of journalists
held in prison. After serving 12 years of
his life sentence for “illegally divulging
state secrets abroad,” early release was
granted in July to Wu Shishen, a Chinese
journalist, according to RSF. He will be
deprived of his civil and political rights
for eight more years. The Chinese government claimed at the time that Wu
gave a Hong Kong journalist an advance
copy of then-President Jiang Zemin’s
speech before it was delivered.
Another dissident journalist, Chen
Yanbin, co-editor of Tielu, was released
in April after spending 14 years and seven
months in jail for allegedly “spreading
counter-revolutionary propaganda,” ac-
127
cording to the Independent Chinese Pen
Center (ICPC). However, for the next
four years, he will not have any political
or civil rights.
Two writers, academic Li Boguang and
Yang Tianshui were detained after being
arrested in December of 2004. Yang was
arrested on charges of “inciting subversion of state power” after writing commemorative articles on the 15th anniversary
of the Tiananmen Square attacks. He was
released a few months later. The reasons
for Li’s arrest are unclear, but it may be
related to his active support of farmers’
rights. Such attempts to harass dissidents
do not adhere to the principle of freedom
of expression, guaranteed under Article
19 of the Universal Declaration on Human Rights, according to PEN.
In recent months, a steady stream of
writers, intellectuals and dissidents have
been arrested and harassed, said PEN.
The BBC World Service cites an article
by a “well known intellectual” as saying
that “intellectuals were now terrified”
and that that there were fears of “a return
to totalitarianism to the mainland.” It
adds that the press has been ordered not
to give publicity to several well-known
intellectuals.
Millions of Tibetans
are deprived of the right
to be informed and express themselves due to
repressive measures
China’s determination to gag cultural
minorities within its boundaries was ongoing this year. Uighur writer Nurmuhemmet Yasin and editor Korash Huseyin have been detained for the publication of a short story called “Wild Pigeon”. Yasin was handed a ten-year sentence in February for “inciting separatism”,
after a closed trial at which he was not
permitted a lawyer. Huseyin is serving a
three-year sentence for publishing the
story in the literary magazine “Kashgar
Literature Journal.”
Human Rights Watch says the government has engaged in a brutal crackdown
on Uighur religious expression, cultural
traditions and social institutions in Xinjiang. An Uighur dissident, Rebiya Kadeer, was released from jail in March and
allowed to leave China for the United
128
2005
Hong Kong (SAR)
States. She had been serving an 11-year
sentence for “providing secret information to foreigners” after criticising China’s
harsh repression of Uighurs, an ethnic
minority living in the northwest province
of Xinjiang. However, Human Rights
Watch (HRW) says Kadeer was only freed
in exchange for avoiding international
criticism ahead of an important international event.
Meanwhile, millions of Tibetans are
deprived of the right to be informed and
express themselves due to repressive measures, according to RSF. Chinese authorities ban all foreign publications, and
printed or audio-visual material advocating Tibetan independence, said the Indian-based Tibetan Centre for Human
Rights and Democracy. Original Tibetan-language programmes are almost
non-existent on television, all news media in Tibet are controlled by the Chinese
Communist Party or state bodies and articles undergo lengthy censorship. In addition, radio signals beamed into the
country by foreign media are often jammed, including those from Radio Free
Asia, Voice of America and the Indiabased Voice of Tibet.
Mongolians also lost important sources of information when two Web sites
based in the Inner Mongolian Autonomous Region were closed in September
for allegedly containing “separatist content”, said RSF. Ehoron.com was a platform of expression for students discussing
many topics affecting inner Mongolia.
The second site, Monhgal.com, was run
by the law firm Monhgal, and offers legal
assistance to Inner Mongolians who have
a conflict with the state.
“Freedom of expression is still more
restricted for the Mongols, Tibetans and
Uighurs than for the rest of the Chinese
population. These minorities are censored as soon as they express themselves
on issues even remotely linked to poliG
tics,” stated RSF.
E
ver since Hong Kong’s handover to
China in 1999, press freedom advocates have closely monitored any changes
to the island’s media, strongly protesting
any restrictions of the right to free speech
caused by Beijing’s influence on this
Special Administrative Region (SAR).
In the few months after the handover,
it seemed that little was going to change.
Indeed, it looked as if China had no intention of imposing its restrictive policies
on HK and there would be no reason to
fear for HK’s civil rights. Unfortunately,
it slowly became clear that changes were
taking place, but in a much subtler manner than expected: Without any big demonstration of authority by the government, editors were being sacked and substituted with Beijing-friendlier ones, critical journalists and anchors lost their
jobs, and printers stopped printing critical newspapers. Moreover, this trend has
not changed even after the election in
June of this year of the popular new Chief
Executive Donald Tsang Yam-kuen, who
succeeded Tung Chee-hwa.
Wong believes that
his dismissal was related
to his criticism of the
radio station
In a good example of such covert censorship tactics, outspoken radio talk-show
host Wong Yuk-man was suddenly dismissed by HK’s Commercial Radio on 2
July. Commercial Radio’s managers declared that Wong was fired after he demanded a show five days a week; but
Wong believes that his dismissal was related to his criticism of the radio station
and Chief Executive Tsang.
In the following weeks, Hong Kong’s
crowds took to the streets in support of
Wong and the right to free speech. In one
of these demonstrations, on 16 July,
Wong took the stage before a crowd of
5,000 people, together with two other
popular former Commercial Radio’s
hosts, Albert Cheng King-hon and Lam
Yuk-wah. Albert Cheng, better known as
Taipan, hosted the show “Teacup in a
Storm” for over ten years and became famous for his controversial style and outspoken criticism of Beijing.
In 2004, Cheng left the TV station for
four months after receiving death threats
almost on a daily basis. Allen Lee Peng-
fei, who stood in for Cheng on “Teacup
in a Storm”, resigned from the show two
weeks after his appointment, saying that
Beijing officials had pressured him to
cease his public support for democracy in
Hong Kong and that he had received
threatening phone calls.
In his speech at the 16 July demonstration, Wong accused Chief Executive
Tsang of restricting freedom of speech,
citing his pressure on the public broadcaster Radio Television Hong Kong
(RTHK) to scrap its horse racing broadcasts as an example.
In the following weeks,
Hong Kong’s crowds
took to the streets in
support of Wong and the
right to free speech
A few days earlier, on 11 July, RTHK
had announced it would drop its live
horse racing programming from the
2005-2006 racing season. RTHK Director of Broadcasting Chu Pui-hing said
that the decision to shelve the 34-yearold program was purely an internal one.
However, this contradicted what HK
Secretary for Commerce, Industry and
Technology John Tsang had previously
claimed. Tsang said that the government
“had reached a consensus with [Chu] to
end the live broadcast of horse racing” for
the coming season, as reported by The
Standard.
In statements made in June this year,
during his election campaign, Chief Executive Tsang suggested that RTHK
should spend more time explaining government policies rather than broadcasting
racing and entertainment programs.
Ever since HK’s handover, RTHK’s
independence has been under attack both
by Beijing and HK governments.
In a move that was criticised as a conflict of interests, in November a government committee was formed to discuss
the future of RTHK. The conflict of
interest lies in the fact that the sevenmember committee that was created
without any consultation with RTHK is
dominated by members drawn from
commercial broadcasting groups and
does not include any representative of
RTHK.
2005
“It is feared that the committee will
make suggestions that are unfavourable
to RTHK, but favourable to private
broadcasting groups,” legislator Emily
Lau was reported as saying by HK’s daily
The Standard.
Permanent Secretary for Commerce,
Industry and Technology, Francis Ho
Suen-wai, said the issues that needed to
be looked at included the public broadcaster and its market share. They also included the objective of public broadcasting in HK, and the challenges arising
from an increasingly competitive media
environment, the South China Morning
Post reported.
“Hong Kong doesn’t have a clear policy on public broadcasting,” Ho said. “For
historical reasons, RTHK has taken up
the role as a public broadcaster; but some
commercial broadcasters also take up
some responsibility to a certain extent.
[…] That is why we need to study these
issues from a policy perspective and at a
higher level,” he said.
Fears about the declining respect for
press freedom in HK were increased by a
parcel bomb attack on the office of the
leading Chinese-language newspaper
Ming Pao, which injured two employees.
Such assaults on journalists have been
rare in HK and the event left government
as well as the citizens dismayed.
129
Local and international journalists' groups and activists march on 6 August,
demanding a fair trial for Straits Times journalist Ching Cheong.
It is feared that the committee will make suggestions that are unfavourable
to RTHK, but favourable to
private broadcasting groups
Ming Pao’s editor-in-chief, Cheung
Kin-bao, said two members of the staff
suffered slight injuries after they opened a
small parcel containing an explosive
device at their editorial office. According
to reports by The Standard, the package
was addressed to Cheung and an anonymous letter was attached to it. The letter
said the attack was related to “good
things” Ming Pao had reported in midOctober, and added that the newspaper
had three days to pay HK’s Community
Chest of Hong Kong, a charity organisation, HK$30 million and publish the
receipt in the paper. Cheung said he had
no idea to what report the letter referred.
A protester is chained during a demonstration outside a Chinese liaison office in
Hong Kong, demanding the release of Straits Times correspondent Ching Cheong.
Hong Kong’s Constitution, the Basic
Law, originally drafted during British
colonial rule and reviewed after HK’s
takeover under pressure from China, is
far from being in line with international
standards for the legal protect of fundamental rights. Furthermore, the Basic
Law should provide for the development
of democratic processes; but under legislation passed in 2004, Beijing can veto
changes to the political system.
One issue that caused major protests
in HK in recent years was the Article 23
legislation, the government’s proposed
national security bill that, if enacted,
would represent an erosion in HK’s human rights and freedoms.
As the HK Journalist Association and
London-based Article 19 pointed out in
their latest report, also missing is a freedom of information legislation that
would guarantee access to government
information and documents, and the
opening up of statutory bodies to public
scrutiny.
Furthermore, the law dealing with the
seizure of journalistic material does not
offer adequate protection to journalistic
130
2005
India
material held in confidence and the circumstances in which the law enforcement authorities may seize journalistic
material are too broad.
Also problematic is the Telecommunications Ordinance, under which it is illegal to possess or use without a licence any
apparatus for radio communications that
generates radio waves. The penalties for
breaking this law, widely perceived as an
attempt by the government to monopolise the public airwaves and therefore a
restriction to broadcasting freedom, are a
fine of up to US$13,000 and five years’
imprisonment.
As a consequence of this law, HK’s airwaves are monopolized by the government and a small bunch of media barons,
some of which have been reportedly accused of compromising their editorial independence in return for Chinese authorities’ offers of lucrative advertising deals
and access to mainland markets.
In a move to challenge this law, a
group of activists including district councillor Tsang Kin-shing started broadcasting without authorisation on a frequency
used by Metro Finance radio station,
owned by tycoon Li Ka-shing.
On 3 October, the unauthorised Citizens’ Radio started broadcasting a trial
programme once a week. The station is
aiming to provide an alternative voice to
government and commercial stations,
and to provide alternative cultural and
political programmes.
“Hong Kong doesn’t have
a clear policy on public
broadcasting,” Ho said
Tsang Kin-shing said that he had tendered a trial broadcast application for
Citizens’ Station, asking the Television
and Entertainment Licensing Authority
(TELA) to approve a once-a-week broadcast between 1 November and 31 January
2006. However, the head of the licence
administration division of TELA said
the application would not be processed.
“I need to clarify that under the current
Telecommunications Ordinance, there
are no provisions empowering us to issue
a trial broadcast licence to any party. As
such, TELA cannot process this application,” The Standard reported Tsang as
saying.
The charges laid down by Beijing’s government against HK journalist Ching
Cheong caused major concern both in
Hong Kong and internationally. Ching
Cheong, correspondent for Singapore’s
The Straits Times newspaper, was detained on 22 April in the southern Chinese
city of Guangzhou, where he had travelled to meet a source for a scoop.
The charges laid down
by Beijing’s government
against HK journalist
Ching Cheong caused major concern both in Hong
Kong and internationally
According to Ching’s wife, he was
planning to bring home an unpublished
manuscript titled, “Conversations with
Zhao Ziyang Under House Arrest,” written by retired official Zong Fengmin.
The contents of Zong’s “Conversations” are unknown; but it is likely that the
Chinese government would not be happy
to see this document published, considering that former premier Zhao Ziyang was
purged for his support of the students’
demand for democracy that eventually
led to the 4 June 1989 Tiananmen Square massacre. Zhao Ziyang spent the last
fifteen years of his life under house arrest
and died on 17 January.
In June, Ching was charged with espionage. According to “Ong Yew-kim, a
researcher at the Chinese University’s
Institute of Asia-Pacific Studies, “[…] it
is unlikely Ching […] will be acquitted
once his case proceeds to a formal court
hearing,” as stated in an article by The
Standard. The article goes on to say that
Ong expects Ching to face at least ten
years in prison. “As he is just a Hong
Kong citizen, and not a foreigner, the
mainland will not expel him after the
judgment is made. It would also be unlikely for him to receive a parole and early
release,” Ong said.
Many governments, international organisations and newspapers have called
for Ching’s release. However, at year’s
end, the Chinese authorities had not given any sign they would listen to these
G
demands.
A
fter the Indian government officially
scrapped the Prevention of Terrorism Act (POTA) on 9 December 2004,
most of 2005 was spent discussing whether the charges against those accused of
violating the POTA should be dropped
or the Act should be restored. The POTA, which gave police sweeping powers
to detain people without charge, denied
legal assistance to them and put the onus
on suspects to prove their innocence, has
been criticised as a way of persecuting
Muslims in an overwhelmingly Hindu
country. However, the law also indirectly
affects journalists and press freedom.
The law was passed by India’s previous
Hindu nationalist government after the
11 September 2001 terrorist attack on
New York’s twin towers, allegedly to
combat terrorism in Kashmir. Prime
Minister Manmohan Singh’s left-leaning
government, which assumed office in
May 2004, had promised in its manifesto
to withdraw the law.
In line with international
standards in the field, the
new Right to Information
Act states that the duty
of the government to provide information requested
free of charge
In another positive development this
year, on 12 May, India’s government passed a long due access to information law
that will allow citizens to obtain information of public interest from the government and for the media to properly carry
out their watchdog function. In line with
international standards in the field, the
new Right to Information Act states that
the duty of the government is to provide
information requested free of charge and
without delay. Furthermore, the law provides for penalties in the case of noncompliance. Local civil society groups
have long been fighting for such a law
and put pressure on Singh’s government
to maintain its promise to reinforce the
people’s right to information.
Indian Prime Minister Singh, widely
perceived as a liberal, has described press
freedom as an important pillar of any
democracy; he has also said that the media should stand up to public scrutiny
whenever asked.
2005
131
Indonesia
T
A doctor attends to Japanese photographer
Takeshi Sakuragi at a local hospital in Srinagar,
India, on 15 November.
According to an article published in
the Hindustan Times, at a meeting on 30
June to celebrate the birth of a new newspaper, the Daily News and Analysis
(DNA), Singh pointed out that not only
plurality of media is important, but also
quality. “Freedom of the press is not
automatically ensured by multiplicity of
publications,” Singh said. “It has to be
nurtured by society, by the State, and its
institutions, and by the corporate interests that invest in media.”
RSF reported that at a
press conference on 5 September to present the new
ordinance, officials threatened to arrest journalists
who interview Maoists
The Prime Minister went on calling
for the creation of professional codes as
well as “a vibrant press council, an active
association of journalists, a watchdog
Ombudsman, a transparent editorial policy,” according to the Hindustan Times.
Despite the fact that India’s literacy
rate is only 57%, according to the Financial Times, a very high number of newspapers and periodicals are published in
the country in more than 100 languages
and dialects. According to recent statistics reported by the Hindustan Times, the
circulation of newspapers in India has
been constantly growing in recent years.
However, even if some positive developments have been registered, the situation for journalists is not always so easy,
especially for those working in the conflict-torn Kashmir valley.
Seven journalists were injured in an
attack by militants in Srinagar on 29 July,
that left two persons killed and 14 others
injured.
Elsewhere, in the southern city of
Chennai, a television crew was assaulted
while reporting on a group of employees
celebrating their victory in obtaining an
increase in salary and other benefits.
Some members of the television crew,
allegedly assaulted by people attending
the event, had to be hospitalised as a consequence of the attack, according to reports.
A ban on the Communist Party of
India – Maoist (CPI-M), which has been
fighting a guerrilla war since 1980, and
32 other pro-Maoist groups in the state
of Chhattisgarh, in central India, could
seriously affect the journalists’ ability to
report on issues of public interest. Adopted at the beginning of September, the
ordinance also states that journalists can
be jailed for up to three years for covering
the Maoist rebellion. RSF reported that
at a press conference on 5 September to
present the new ordinance, officials
threatened to arrest journalists who interview Maoists and shut down or confiscate the property of media outlets seen to
G
be supporting the rebels.
he most disturbing developments in
the media field this year in Indonesia were the drafting of a new penal code
that criminalizes the exercise of some
basic rights, including press freedom and
a new broadcast regulation that seriously
restricts access to information and introduces censorship.
Indonesia’s antiquated current Criminal Code, which derives from the country’s colonial time, has been often criticised for including various articles that
can be used for the prosecution of journalists in connection with their work.
The new draft code, however, does not
seem to be much better. According to
Indonesia’s Alliance of Independent Journalists (AJI), at least 49 articles in the
draft code could land journalists in jail if
they publish articles violating a ban on
the spread of communist doctrine, or are
perceived to be leaking state secrets or
insulting.
Indonesia’s antiquated
current Criminal Code,
which derives from the
country’s colonial time, has
been often criticised for
including various articles
that can be used for the
prosecution of journalists
A representative of the Indonesian
Press Council, expressing concern about
the draft code, pointed out that Indonesia’s 1999 Press Law provides for civil
remedies for media offences. However,
despite the existence of the Press Law,
throughout recent years, the country’s
officials and powerful figures regularly
chose to file cases according to articles on
“insult and defamation,” provided for
under the Criminal Code to punish journalists. Even more worrying is that even
legal authorities have continued to implement the Criminal and Civil Codes in
cases related to the press or media, in disregard of the Press Law.
Regulation 50/12, introduced toward
the end of the year and dealing with private broadcasters, limits public access to
information in several ways. AJI pointed
out that, for example, the provision banning national private broadcasters from
relaying foreign broadcasts deprives the
132
2005
US American journalist William Nessen was
deported from Indonesia on 24 January,
after immigration officers said he entered
the country illegally, despite granting him
a visa when he had arrived three weeks earlier.
public of an opportunity to compare information from different sources. Furthermore, the regulation limits the number of cities that a private broadcaster
may cover to only 15; this will hamper
the distribution of information. AJI also
noted that the new regulation violates the
Indonesia Broadcasting Act No. 32/2002
that stipulates that the Indonesian Broadcasting Commission, the independent
broadcast regulatory body, should have
been involved in drafting this regulation.
“The absence of IBC involvement is a
strong indication that the government
wants to control the distribution of information to the public,” AJI said.
However, despite the existence of the Press Law,
throughout recent years,
the country’s officials and
powerful figures regularly
chose to file cases
In May this year, journalists Darwin
Ruslinur, editor-in-chief of the weekly
tabloid Koridor, and Budiono Saputro,
managing editor of the same newspaper,
were found guilty of criminal defamation
and sentenced to nine months in prison.
The charges, laid down by the Lampung
District Court on the island of Sumatra,
stem from a July 2004 article accusing a
local political candidate of embezzling
party funds. The court found the journalists guilty of not checking this information with the candidate himself.
Also disturbing was the disappearance, and probable death, of Elyuddin Telaumbanua, a reporter with the daily Berita
Sore. Editors at Berita Sore lost contact
with Telaumbanua on 22 August, while
the journalist was on assignment on the
island of Nias. Telaumbanua had recently
published articles on local corruption
and election irregularities in Nias. According to the Jakarta Post, a journalist who
was travelling with Telaumbanua said
that they were ambushed on 22 August
by a group of six men riding three motorcycles who forcibly took Telaumbanua
away. Berita Sore reported that the journalist was beaten and killed by gangsters
on 24 August. At year’s end, police had
yet to solve the case.
In the first months of 2005, the Indonesian government strongly restricted the
movement of journalists in Aceh, the
region heavily hit by the December 2004
tsunami. Foreign journalists were required to report their movement and seek
military accompaniment when travelling
outside of the provincial capital, Banda
Aceh, or the town of Meulaboh, according to news reports.
Indonesian leaders said they had to
limit the access of foreign journalists to
the region in order to ensure their safety.
Aceh, where armed members of the Free
Aceh Movement (Gam) are fighting for
the province’s independence, has been
the scene of conflict for almost 30 years.
In 2003 and 2004, the Indonesian government banned journalists from entering the region.
On 24 January, US American freelance journalist William Arthur Nessen was
ordered to leave the country after being
detained for one day. According to news
reports, Nessen, who has written articles
on Aceh for the San Francisco Chronicle
and the Sydney Morning Herald, was held
by authorities after visiting the Aceh
province and deported from the country.
Nessen was banned from entering Indonesia in 2003, after he was imprisoned
and expelled from the country for spending three weeks with Gam rebels. Nessen
was able to enter Indonesia again on 3
January, thanks to a mistake by Indonesian immigration authorities.
“The absence of IBC involvement is a strong indication that the government
wants to control the distribution of information to
the public,” AJI said
In August this year, rebels of the Gam
movement signed a peace deal in which
Gam agreed to give up its goal of a separate state, in return for local political representation. This removed some of the
pressure that both sides in the country
were putting on journalists.
By the end of the year, TVRI-Aceh,
the only local television station, resumed
broadcasting and the media in the proG
vince regained their freedom.
2005
133
Japan
W
hile Japan enjoys the second
strongest economy in the world,
its democratic system has some major
shortcomings, including a lack of media
independence.
This problem was well analysed in an
article published in April this year in different Japanese and international media
outlets, including the Financial Times.
Co-written by media scholars Arthur
Gamble and Takesato Watanabe, authors
of “A Public Betrayed: An Inside Look at
Japanese Media Atrocities and their Warnings to the West” (Regnery). The article
points out that the current “model of
consolidated ownership and cosy government-media ties that [shapes] the dissemination of information” in Japan go back
to imperial times, when, in the 1930s,
“more than 3.000 independent Japanese
media outlets were closed, leaving just six
– staunchly pro-war – companies.” This
media system has remained basically unchanged until today.
Forty-five cameramen photograph the new Japanese cabinet at the Prime Minister's
official residence in downtown Tokyo on 17 December. (AP Photo)
The situation is further
worsened by the existence
of the kisha clubs, about
1300 press clubs housed
inside the government
and the corporate entities
they cover
The situation is further worsened by
the existence of the kisha clubs, about
1.300 press clubs housed inside the government and the corporate entities they
cover. As IPI’s World Press Freedom Review points out, in recent years, kisha
clubs have constituted strong institutional barriers to the free flow of information
and have prevented the media from carrying out their watchdog function.
“Press-club reporters work closely with
public relations officers, regurgitating
press releases and quoting official sources,
often without cross-checking,” as Watanabe and Gamble say in their article.
“They enjoy exclusive access to official
sources and usually free rent and telephones, meals, entertainment, even small
gifts, all provided by sources. In exchange, any journalist straying from the approved line is punished by the club.” This
system not only effectively limits critical
reporting, but also prevents some journalists that are not members of the clubs,
Japan's Internet company Livedoor
Co. President Takafumi Horie listens
to a reporter's question during
a news conference on 11 March.
(AP Photo/Itsuo Inouye)
including all foreign journalists based in
Japan, from accessing news.
The European Union has repeatedly
requested the Japanese government to
abolish the Japanese kisha-club system.
However, Japan’s authorities refuse to
do so.
Watanabe and Gamble also criticise
“the impunity with which Japan’s government manipulates” the media and the
low journalistic standards. “Few of Japan’s
20.000 reporters have university training
in journalism and most get just two weeks
of corporate ‘training.’ Journalists typically view their job as company work,
with their obligation to the employer.
The result is one of the least independent
news media industries in the democratic
world.”
Furthermore, there is no clear separation between journalism and big business, a fundamental principle needed to
ensure independent reporting and the
credibility of the media.
Many well-respected Japanese journalists have close ties with big private companies, as reported in a 4 February
Washington Times article
Award-winning journalist at TV Asahi
and other stations, as well as a professor
134
2005
Kazakhstan
of journalism Shuntaro Torigoe, who was
formerly with the daily Mainichi Shimbun and the weekly Sunday Mainichi,
appeared in a TV drama and in commercials selling insurance.
Professor of journalism, Seiichi Kanise, who worked as an anchor for TV Asahi and Tokyo Broadcasting System (TBS)
and worked as a reporter in Tokyo for the
Associated Press, Agence France-Presse
and Time magazine, appeared in advertisements for Japan Telecom. Asked about
this conflict of interest, Seiichi Kanise
admitted that his appearance in commercials is “certainly unfavourable by journalism standards. I take criticism on the
chin.”
The European Union
has repeatedly requested
the Japanese government
to abolish the Japanese
kisha-club system
The Japanese government’s ability to
censor a documentary on World War II
broadcast by the Japan Broadcasting
Corporation (NHK) offers clear evidence
of the lack of independence of Japan’s
public broadcaster. At the end of January,
NHK producer Satoru Nagai publicly
declared that those working on the World
War II historical documentary “were
ordered to alter the programme before it
was aired” because of “political pressure.”
Following this declaration, NHK executive, Katsuji Ebisawa, resigned to “take
responsibility” for the event.
Seiichi Kanise admitted
that his appearance in
commercials is “certainly
unfavourable by journalism
standards. I take criticism
on the chin”
The daily Asahi Shimbun reported
that, four years ago, the acting SecretaryGeneral of the ruling Liberal Democratic
Party (LDP), Shinzo Abe, and Minister
of Economy, Trade and Industry Shoichi
Nakagawa had urged NHK to alter the
documentary. However, NHK as well as
Abe and Nakagawa have repeatedly denied the charge.
Press freedom became a topic of discussion also at governmental meetings
this year in Japan, as two bills were presented for discussion that included clauses that threatened to restrict freedom of
the press.
Such a clause would prevent
the media from properly
analysing the constitutional
amendments proposed for
the referendum
The first was a government-sponsored
bill to protect human rights that was first
presented to the Diet in March 2002, but
was then scrapped after criticism that it
would interfere with press freedom in the
name of human rights protection.
The new version of the draft bill, discussed this year by a panel of the ruling
LDP, retains the provisions that infringe
on press freedom; but it specifies in a
supplementary clause that a separate law
shall implement them. However, in all
three meetings, the panel failed to endorse the bill, although for reasons unrelated to press freedom.
The second was a bill laying out the
rules for the national referendum needed
to amend the basic law. Currently, Japan’s
Constitution stipulates that the basic law
can be amended, but there is no law establishing the amending procedures.
While all parties recognize the necessity
of passing the bill into law as soon as possible, observers have criticised an article
in the draft bill that concerns regulating
the media. The article invokes a clause of
the Public Offices Election Law, under
which media outlets are prohibited from
carrying news coverage or editorial comments “with the purpose of affecting the
outcome of the public vote in the national referendum.” Such a clause would prevent the media from properly analysing
the constitutional amendments proposed
for the referendum, and inhibit important public discussion and exchanges of
views on the subject. In consequence, the
citizen’s ability to make choices would be
restricted.
Such restrictions would further threaten not only freedom of the press, but also
the credibility of Japan’s democratic sysG
tem.
T
he revolutions in Georgia, Ukraine,
Kyrgyzstan, and the unrest in Uzbekistan, did not leave Kazakh authorities unaffected. Several amendments to
the election law and the national security
bill were passed by parliament. Popular
dailies were closed, and Internet access to
various independent Web sites was blocked as the 4 December presidential elections drew nearer. This caused speculation
that there was a campaign to harass the
media ahead of the presidential elections.
Access to Web sites of independent
media or opposition parties was blocked
several times during 2005, restricting further access to independent news and information. Moreover, access from Kazakhstan to the Ak Zhol opposition party’s official Web site was blocked on 7
January, and users were automatically redirected to a Web site stating the page
was unavailable, hosted on the Internet
Service Provider’s (ISP) Web site Nursat.
It appears the authorities are behind attempts to block the sites because Kazakhstan’s main ISPs, Nursat and Kazakhtelekom are, respectively, state-owned, and
partially state-owned.
The revolutions in
Georgia, Ukraine, Kyrgyzstan, and the unrest
in Uzbekistan, did not
leave Kazakh authorities
unaffected
According to a report on the Web site
www.kub.kz, which has been blocked in
Kazakhstan since 2002, the Ak Zhol Web
site was blocked after it published an Ak
Zhol executive committee statement
titled, “Democratic future of Kazakhstan
is in danger!” criticising the 6 January
court ruling banning the Democratic
Choice of Kazakhstan opposition party
and accusing the authorities of violating
the freedoms guaranteed by the Kazakh
Constitution.
In addition, access to Web sites, such
as Navigator, Kub, Eurasia, Svobodnaya
Asia, and other Internet resources continue to be blocked in Kazakhstan.
In October, Miklos Haraszti, the OSCE’s Special Representative on Freedom
of the Media, wrote to the Kazakh government asking it to remove regulations
on the registration of Internet domain
2005
names. If not carried out, the letter said
the new rules “would put the allocation
of domain names on the World Wide
Web in Kazakhstan entirely under government control”.
On 31 January, a court in Almaty ordered the opposition newspaper Soz to
pay the National Security Committee
(KNB) approximately US$38,500 in
damages. The charges stemmed from a
suit filed by the KNB after a 23 September 2004 article alleging that the
KNB was spying on the leaders of the
opposition Ak Zhol party. The newspaper was forced to publish a retraction and
the court order suspended publication of
the newspaper. Its accounts and property
were also frozen. On 1 June, Soz announced in a press release that it had paid the
libel judgment with the help of the
Journalists in Distress Foundation.
On 2 February, the KNB filed a suit
against the Juma Times-Data Nedeli
newspaper for insulting the honour and
dignity of the Kazakh president, under
Article 318 of the Kazakh Criminal
Code. The charges stem from a 12 November 2004 article, “It is Time to Know
Whom to Vote For,” which predicted
that incumbent president Nursultan
Nazarbayev would win the election.
Launched in late 2004, the newspaper
has declared itself to be the successor to
SolDat newspaper, an opposition paper
shut down in 2003, which itself was the
successor to Dat, a newspaper that went
insolvent in 1998 after being sued for
libel.
Journalist Zhumat Anesuly was found
guilty of defaming Arkalyk city mayor
Zhomart Tubekbayev under Article 129
of the criminal code, in a 28 October
2004 article in Zhas Alash newspaper,
entitled “Aydalada Kalgan Arkalyk”,
which was critical of the local authorities.
On 26 February, the court fined Anesuly
approximately US$500, a sum roughly
equivalent to five months of the journalist’s salary.
In March, The Ministry of Culture,
Information and Sport filed a suit against
the Bastau company, with the request
that Bastau should be liquidated. The
company owns the opposition newspaper
Respublika, as well as sister papers Respublika Delovoye Obzreniye (Respublika
Business Review), and Respublika Analiticheskiy Yezhenedelnik (Respublika Analytical Weekly).
135
On 4 May, the appeals court upheld
the 25 March decision of the Almaty
regional court, which ordered the liquidation of the Bastau Company. Subsequently, on 5 May, Kazakhstan’s Ministry
of Information, Culture and Sport ordered the closure of the popular opposition weekly, in defiance of the company’s
right to appeal within ten days against
the court’s original decision.
The ruling stems from a 20 January
reprint of an interview with Vladimir
Zhirinovsky, leader of the Liberal Democratic Party of Russia (LDPR), in which
he criticised Kazakhstan’s policies towards Russia. The interview was published in an article in Respublika Delovoe
Obozrenie and the authorities later
charged the paper with “violating the
integrity of the Republic of Kazakhstan.”
Access to Web sites
of independent media
or opposition parties
was blocked several times
during 2005
Respublika’s deputy editor, Galina
Dyrdina, said the paper would appeal the
order. Dyrdina believes the decision to
close the paper was politically motivated.
Founded in 2000, the weekly has been a
staunch critic of the Kazakh government.
Respublika has often been subject to
repressive court decisions and closure by
the authorities, and its journalists were
frequently harassed. Due to the harassment, the paper also published under the
name Assandi Times for several years.
Respublika’s editor-in-chief, Irina Petrushova, has been living in self-imposed
exile in Russia since 2002, when she fled
Kazakhstan because of threats against her
life and her newspaper. On 23 April,
Petrushova was detained in Volokolamsk,
Russia, at the request of the Kazakh
authorities. She was held for two days
before being released. Petrushova was also
detained and questioned for several hours
in St. Petersburg in March 2004.
In a sign of the publisher’s resilience to
state pressure, on 2 May, the editorial
board of Respublika began publishing
another newspaper, Set KZ, as a successor
to Respublika Delovoye Obozreniye. On
the morning of 20 May, traffic police in
Almaty stopped a car containing copies
of Set KZ, which were to be delivered to
vendors, and confiscated the edition.
Later on the same day, journalists at the
newspaper held a press conference to
protest against the decision, which they
say is illegal because Set KZ has all the
necessary legal documents to be registered.
According to reports, one hour after
the incident, officers of the District Department of Internal Affairs delivered to
the paper’s editorial office a copy of a letter, dated April 2004. The letter, from the
deputy chairman of the Culture, Information and Sport Ministry’s Information
and Archives Committee, and addressed
to the director of the Vremya-print printing house, which prints Set KZ, said Set
KZ newspaper registration had expired.
The owner of Set KZ had not been previously informed of this fact by the authorities.
On 25 August, the Kazakh Supreme
Court upheld an earlier decision by an
Astana city court to ban the independent
online daily Set KZ. The Astana city
court refused an appeal by the publishers,
who had hoped to overturn a previous
resolution by the Ministry of Culture,
Information, and Sports to close the publication.
Adil Soz and the International Foundation for Protection of Freedom of
Speech, reported that on 12 September,
the Almaty Economic Court voided a
process transferring the rights to issue a
number of popular opposition newspapers from one company to another. Consequently, Respublika Delovoye Obozreniye and Respublika Analiticheskiy Ezhenedelnik could not be published.
In February, the press agency of the
Democratic Choice of Kazakhstan (DVK)
party, which was dissolved due to a court
order, stated that police officers had increased their efforts to seize copies of
Dauys DVK newspaper from its distributors. According to Adil Soz, police officers watching a DVK branch building in
Uralsk seized copies of Dauys DVK and
Soz newspapers on 8 February from people leaving the building and from distributors, reportedly because both papers
were issued by the then dissolved DVK
party. In some cases, distributors were
fined without being issued a formal ticket. On 7 February, 7,000 copies were confiscated without explanation from the office of a DVK party member in Petro-
136
pavl, northern Kazakhstan, by the local
assistant prosecutor and police officers.
On 6 February, a DVK press agency in
Kokshetau (the regional centre of Akmolinsk region) stated that a retired DVK
activist with the surname Istavletov was
detained by policemen outside the office
because he had five copies of the paper.
Istavletov was taken to the Kokshetau
Internal Affairs Department and later
released, but was not allowed to keep the
newspapers. On the same day, Ludmila
Bulah, another party activist, was detained by the police, who confiscated 300
copies of the newspaper from her. Reportedly, the police officers received oral instructions from a senior police officer to
detain the distributors and confiscate all
copies of the newspapers.
Copies of the newspaper were also
confiscated from DVK Akmolinsk branch
head, Marat Zhanuzakov, and the branch
office manager, Bahyzhan Kanapiya,
while driving in a car on the evening of 8
February. The police officers who stopped them confiscated all the copies of the
newspaper in the car and detained the
two at the Internal Affairs Department
for questioning.
Unidentified individuals broke into
the flat of Alberg Zhiger, editor-in-chief
of Alternativa, the only opposition newspaper in Zhambyl region, on 30 March,
reported Adil Soz. The intruders forced
open the door of his flat while Zhilger
was away. Disks containing archive materials belonging to the newspaper’s editorial board and information needed for the
newspaper’s next edition were reported
missing, as well as important notebooks
and other documents. Valuables such as
money, a computer and other equipment
were not stolen. The journalist believes
the break-in was related to his work.
According to reports, Zhiger planned
to go to Almaty on 29 March to attend
the founding meeting of a new public
movement called, “For A Fair Kazakhstan.” On the evening of 18 March, two
police officers visited him at his home
and ordered him to go with them to the
regional Prosecutor’s Office, where he
was questioned about the purpose of his
trip. The officers then tried to dissuade
him from going. On 29 March, Zhiger
was taken off the train shortly before its
departure, on the pretext that his documents and personal items needed to be
checked.
Another newspaper that reported on
politically sensitive topics came under
pressure in April. On 6 April, a court in
the Medeu district in Almaty, found the
newspaper Zhas Alash and its journalists
Ruslan Yerbota and Yerik Rahimov guilty
of defaming Serik Abdrahmanov, a deputy in the lower house of Parliament. The
journalists were fined approximately US$
75, and the newspaper was forced to pay
damages to Abdrahmanov of around
US$750.
The case stems from seven critical articles published in Zhas Alash in 2003 and
2004, accusing Abdrahmanov of failing
to return state-sponsored loans. Abdrahmanov then filed a lawsuit on 1 December 2004. According to Adil Soz, the
newspaper’s attorney submitted documents in court proving the claims made
in the articles. The documents demonstrated that Abdrahmanov, as former
head of the Yelimay Commercial Fund,
had allegedly received and failed to return
state-sponsored loans.
Journalists have also come under pressure for their work this year. The assistant
editor of Altyn Gasyr opposition newspaper, Kazhymurat Abilkaliyev, was assaulted by four unidentified men while distributing copies of his newspaper on 27
August. The incident took place in the
village of Geolog, Atyrau region (western
Kazakhstan).
On 13 September, four unidentified
men attacked Azamat Dospanov, a volunteer with Altyn Gasyr. Dospanov had
to be hospitalised with injuries to his
brain. He said his attackers were in a
vehicle and tried to hit the car in which
he was travelling. The newspaper’s staff
use the vehicle to deliver copies of the
newspaper.
Based in Altyrau, the newspaper is
published in Russian and Kazakh language versions and has a circulation of
10,000 copies. Its editor-in-chief, Zhumabai Dozspanov, a well-known opposition figure and leader of the political
movement “For a Just Kazakhstan,” believes both incidents were related to his
professional activities as a journalist and
political activist.
Unidentified individuals broke into
the flat of Alexei Goncharov, a reporter
with the Kursiv newspaper, in the city of
Shymkent, southern Kazakhstan, on 14
September. Reportedly, a gold chain and
a pair of earrings were stolen, and docu-
2005
ments and other things were scattered
about the flat. The journalist’s portrait
was torn off the wall, but all other pictures were left intact.
According to Adil Soz, Goncharov believes this was an attempt to threaten him
and was connected to his work. He had
also received several threatening phone
calls from an unknown individual, following the publication of an article criticising the actions of a local entrepreneur.
As the presidential election drew nearer, pressure on the media increased. On
26 September, six newspapers, which
have covered opposition candidates’ presidential campaigns, were prevented from
publishing their editions. The newspapers covered Zharmakhan Tuyakbai, the
leader of the opposition “For a Just Kazakhstan,” Alikhan Baimenov, the leader
of the Ak Zhol party, and other candidates. Apparently, management of the
private printing company Vremya-Print
in Almaty refused to explain why they
would not publish Epokha, Svoboda Slova, Zhuma-taims, Apta.kz, Azat, and Soz.
According to reports, the newspapers’
editors believe that authorities had pressured Vremya-Print to refuse to print the
newspapers in order to shut down the
opposition media before the presidential
election. Five of the editors went on a
hunger strike, which ended on 29 September, when they reached a deal with a
new printing house.
Journalists of the Region Plus newspaper suffered attacks in October. On 1
October Mikhail Mysikov, owner and
editor of Region Plus, was attacked by a
man who knocked on the door of his flat
and asked him to come out. He claimed
he had some extremely important information for Mysikov. He then struck the
editor in the face with a sharp instrument
and fled. The journalist suffered a cut
eyelid. Mysikov reported the attack to the
police and the Prosecutor’s Office, who
started an investigation.
On 2 October, the flat of Vladimir Taran, a journalist with the same paper, was
broken into in the town of Kapchagai,
southern Kazakhstan. The intruders
broke the door on his flat’s balcony.
According to reports, both journalists
believe the incidents were linked to their
professional activities. Region Plus is
known for critical reports about the local
authorities.
2005
Later in the year, unknown individuals vandalised the offices of Region-Plus.
The incident took place during the night
of 6-7 November. In the morning, staff
found stones in the editorial office and
noticed that a glass balcony door was broken. Police believed the attackers had a
key to enter the newspaper’s premises.
According to Adil Soz, both the newspaper’s staff and the police believe the
attack was related to the newspaper’s
work. Staff also reported that this was a
possible attempt to intimidate them;
journalists have also not ruled out the
possibility that the attack may be connected to competition among local newspapers.
On 19 October, police in Almaty confiscated the print run of the opposition
newspaper Svoboda Slova (“Freedom of
Speech”) because an article published in
the newspaper had insulted the honour
and dignity of President Nursultan Nazarbayev. A car carrying 50,000 copies of
the newspaper was stopped near the Dauyr printing press. According to reports,
Almaty City Election Commission chairman Daulet Baideldinov, in an interview
with the Interfax news agency stated that
the newspaper had violated administrative regulations in the lead-up to the presidential election. According to Baideldinov, as campaigning only officially begun
on 25 October, it was forbidden to publish materials on candidates, and “publish
materials of a slanderous nature or those
that call for the overthrow of the constitutional system.”
Gulzhan Yergaliyeva, the editor-inchief, told a press conference that the
newspaper will contest the confiscation
in court. Reportedly, the print run was
confiscated without the necessary court
order and, instead, was based on a document signed by Baideldinov, which has
no legal standing. Adil Soz has stated that
it is unclear how the police knew information published in the newspaper was
false immediately after Svoboda Slova had
been printed, but prior to its distribution.
Reportedly, Yergaliyeva was able to
save the remaining 50,000 copies of the
Svoboda Slova, which she brought to the
offices of the opposition party “For a Just
Kazakhstan.” The newspaper has previously published materials critical of President Nursultan Nazarbayev and his
family.
On 22 October, the Almaty Inter-district Administrative Court ruled that Yergaliyeva has to pay 50 “monthly calculated indexes” calculated at approximately
US$360. Yergaliyeva was found guilty of
slander, but she and her attorney left the
courtroom in the middle of the session in
protest against the ruling, which according to her was in violation of Kazakh law.
137
in the Russian newspaper Nezavisimaya
gazeta. According to reports, the ruling
was made following a 30-minute trial at
which no attorney or witnesses were present.
On 19 October, police in Almaty detained for two hours five journalists and a
cameraman, who were covering a police
raid on the offices of the opposition party
President of
Kazakhstan,
Nursultan
Nazarbayev,
smiles during
a news conference in the
capital Astana,
5 December.
(AP Photo/
Sergei Grits)
According to reports, Yergaliyeva and
her attorney were prevented from studying case documents and from speaking in
court. They also only received a formal
summons to appear in court on the
evening before the hearing started.
Another opposition newspaper, Juma
Times, was fined 40 “monthly calculated
indexes” (around US$290) by an Almaty
court on 22 October for “insulting the
honour and dignity of the President.”
The lawsuit was filed by Almaty City
Election Commission chairman Daulet
Baideldinov, after a 13 October article in
the Juma Times titled, “Kazakhgate:
Chronicles of a single crime,” reprinted
“For a Just Kazakhstan.” Police were searching the offices, after cordoning the area
off. The detained, Saya Issa from Svoboda
Slova, Olesya Gassanova and Almas Nurdos from the online publication Stan.kz,
Ruslan Sapabekov from the Juma TimesData nedeli newspaper, Yeldes Myrzakhmetov from Respublica-Soz and Nurlan
Daurenbekov, a cameraman for the “For
a Just Kazakhstan” party’s press agency,
were taken to the Medeu District Internal Affairs Department in Almaty. This
was despite the fact that they all carried
press cards.
Reportedly, Gassanova and Nurdos
were forced to erase camera footage, and
138
2005
Kyrgyzstan
the police confiscated tapes from Daurenbekov. The journalists asked to speak
to a lawyer, but police denied their request. No formal charges were filed
against them.
Pressure on the media continued after
the 4 December presidential elections,
won by the incumbent Nursultan Nazarbayev with 91 percent of the vote.
On 20 December, the Economic
Court in Almaty suspended the Juma
Times newspaper’s print-run. According
to reports, the newspaper, which has reported on vote rigging and corruption in
the government of President Nursultan
Nazarbayev, was not notified of the hearing and was not represented in court.
Based on information supplied to commentators, a prosecutor in Almaty filed a
suit in the Economic Court seeking to
close down the newspaper in early December.
Officials seized copies of the most recent issue of Juma Times on 21 December. According to reports, the case stems
from two articles published in the 8
December issue, which allegedly damage
the reputation and dignity of President
Nursultan Nazarbayev. One article accused the government of rigging the presidential elections, and the other discussed
“Kazakhgate”, a corruption scandal implicating Nazarbayev and a US oil adviser.
Police confiscated the 100,000-copy
print run, and an Almaty administrative
court fined the paper approximately US$
700. The newspaper cannot publish until
the final verdict, due in January 2006.
Respublika also suffered harassment
from the authorities after the election.
On 15 December police searched the offices of the opposition weekly Pravo. Ekonomika. Politika. Kultura (formerly titled
Respublika) after it printed a letter signed
by the head of Kazakhstan’s elections
board saying the 4 December presidential
election had been partly fraudulent.
Onalsyn Zhumabekov, Elections Board
chief, filed a complaint about the letter.
According to reports, the paper’s computers were examined and data and harddrives confiscated. The editor and the
paper’s legal adviser were questioned for
G
several hours.
K
yrgyzstan this year followed the tradition of the various colour-revolutions in former Soviet republics, such as
Georgia and Ukraine.
Before the February parliamentary
elections, the government of then President Askar Akayev tried to take control
of the media. Speaking about mass media
in Kyrgyzstan at a conference on “The
Media: From the Cold War to the Internet”, Almaz Ismanov, Kyrgyz journalist
and a media monitor for the OSCE, said
that after the revolution and the change
of government, there has been no change
with regard to press and media freedom.
According to Ismanov, until the revolution, the president’s family controlled
most of the country’s media available in
the Russian, Kyrgyz and Uzbek languages; with the Russian-language media being the most influential. In total, some
700 official mass media are registered in
Kyrgyzstan, where it is relatively easy to
register them, but, in reality, only about
80 mass media function properly.
There were not many press freedom
violations in the run-up to the elections,
because the government controls the
local media. However, the alternative media, such as Internet publications and the
Radio Liberty Kyrgyz service, have suffered pressure from the authorities.
After the revolution and
the change of government,
there has been no change
with regard to press and
media freedom
Reportedly, radio was the best way to
transmit information, but radio stations
have also come under pressure from the
authorities. Internet, which is available in
some parts of the country, such as the
Bishkek and Osh regions, remains another source of independent news, but major
independent Web sites such as fergana.ru
and centrasia.ru were attacked before the
elections.
On the evening before the elections,
several Web sites suddenly became unavailable. Owners of the Kyrgyz news
agency’s Web site, Kabar, reported that
hackers had attacked it on the morning
of 27 February. The Web site was only
restored at nightfall. Web sites of Internet
publications such as Respublika, Moya
Stolitsa-Novosti, Kyrgyz.us, Monitoring.kg
were not available at the time of the elections.
Reportedly, a list of journalists was
drawn up and they received numerous
spam e-mails and spam sms messages.
Another form of harassment was the dissemination of false emails carrying the
name of a journalist and sent to international organisations, such as the OSCE,
and other users around the country. The
emails contained information that would
not have been written by the journalist
and were sent to discredit various Web
sites.
The government-controlled mass media also pursued a negative information
campaign against the revolutions in Georgia and Ukraine. During the campaign,
many anti-American articles appeared in
the media. In response, the American
ambassador visited almost every village in
Kyrgyzstan to explain his side of the
story.
Reportedly, the 27 February parliamentary elections were rigged and protests against Askar Akayev’s government
went on until March. Askar Akayev, who
became president of Kyrgyzstan in 1990,
when it was part of the USSR, and was
elected the country’s leader shortly after
independence in 1991, was ousted on 24
March.
The spring revolution in Kyrgyzstan,
named the “Tulip revolution,” after
Georgia’s “revolution of Roses,” brought
hope that a move towards democracy and
a market economy would take place in
the country. After the ouster of Askar
Akayev, the media hoped that Kurmanbek Bakiev, elected president on 10 July,
would introduce freedom of the media
and freedom of expression. However, little, if any, change took place.
According to reports, fake articles
were posted by unknown individuals,
who hacked into the Gazeta.kg Web site
on 9 January. Furthermore, around the
same time, email messages designed to
discredit a number of opposition figures
were sent. The emails appeared as if they
belonged to the opposition online publications Gazeta.kg and Centrasia.ru, but
were sent without the knowledge of Web
site management.
In early 2005, popular independent
dailies MSN and Respublica faced government pressure over January reports published in the newspapers on an alleged
2005
secret government session in December
2004. According to reports, the newspapers received official notices demanding
they disclose their sources for the report
or face legal proceedings. The International Foundation for Protection of Freedom of Speech, Adil Soz, reported that
the newspapers published several articles
on the session, during which the prime
minister reportedly gave orders to “neutralise” members of some opposition parties. Moreover, Respublica also published
a letter from Bolot Zhanuzakov, Deputy
Head of the Presidential Administration,
to then Prime Minister Nikolay Tanayev,
in which he proposed a number of measures intended to obstruct the activities of
opposition politicians during the upcoming parliamentary elections. State officials
have denied the allegations.
There were not many
press freedom violations in
the run-up to the elections,
because the government
controls the local media
According to reports, both government-supported and independent media
have received strict instructions on how
to cover parliamentary elections.
On 17 February, then President Akayev stated in a televised address that he
plans to file a defamation suit against
MSN, for publishing defamatory words
about property belonging to him and his
family.
Another libel suit was brought against
MSN by the daily Vechernij Bichkek,
which is demanding approximately US$
170,000 in damages because of a report
claiming that it is controlled by President
Akayev’s family. According to Radio Free
Europe/Radio Liberty, the editor-in-chief
of MSN, Aleksandr Kim, said that the
lawsuit was absurd, as he and Rina Prizhivoit, an editor with MSN, are shareholders in Vechernij Bichkek. Therefore,
the lawsuit implies they have filed a suit
against themselves.
Moreover, the heads of state-owned
telecom, gas, and power companies announced during a press conference on 17
February that they also intended to file
similar lawsuits against MSN for articles
stating their companies are controlled by
members of the president’s family.
The only independent printing press
in Kyrgyzstan was shut down on 22 February, just four days before the parliamentary elections. As a result, electrical
power to the printing house operated by
the Media Support Center Foundation
was cut off. Over sixty local and regional
newspapers, both pro-government and
pro-opposition use the printing press.
Unfortunately for the media, electrical
power remained down for several days.
On 24 February, the Kyrgyz Service of
Radio Free Europe/Radio Liberty was
closed by a state broadcast regulator, and
blocked from transmitting on medium
wave. Fortunately, it was able to air on
FM in three cities, including Bishkek and
Osh. Radio Liberty’s director, Kiaz Moldokasymov, was told that a 10 March
auction for the station’s frequency had
prompted the sudden closure. Based on
reports, Radio Liberty submitted the necessary documents for the renewal on 8
February, and the station’s staff believe
the closure was related to the upcoming
parliamentary elections.
Many journalists were assaulted and
injured during post-election protests. A
Russian Ren-TV television crew was attacked by unknown individuals on 24
March, and their mobile phones were
taken. The crew of Russian Moskovia-3
channel was beaten in Bishkek on the
same day. Russian Channel Three TV
crew Ivan Volonikhin and Aleksey Vinogradov were attacked by a mob on 23
March. They were, however, not seriously injured, but their car was destroyed
and the assailants took their cameras and
mobile phones.
Azamat Kalman, chairman of the independent Trade Union of Journalists,
was injured while covering protests in
Bishkek on 23 March, while police were
dispersing protesters demanding President Askar Akayev’s resignation. According to Adil Soz, shortly after the beginning of the demonstration, police pushed
Kalman and several protesters into a subway passage and began beating them with
batons. The police officers then threw the
journalist from the top of a wall. He fell
about three metres and had to be hospitalised with serious leg injuries. On 24
March, Bulgarian journalist, Dessislava
Rizova was severely beaten around the
head by security officers during the
storming of the government building.
139
Based on reports, Kyrgyz state television broadcast nature programs on 24
February, when opposition activists stormed government buildings. Later in the
day, two journalists and one opposition
leader appeared on the news programme
of state television. They urged the viewers
to stay calm and said they would start
reporting on events because the KTR
management had fled during the protests. Earlier, about 90 journalists working for KTR sent a letter to managers
protesting the blatant censorship.
On the morning of 11 September, Jyldyz Bekbayeva, editor-in-chief of the socio-political newspaper Zhany muun, was
assaulted while covering a demonstration
in the village of Karasuu, in the Osh region, in southern Kyrgyzstan. According
to reports, Bekbayeva was taking photographs with a digital camera and recording on a dictaphone when supporters of
the late Abdalim Junusov, a former head
of the local Turataly market, attacked her
in the backyard of the building of the district prosecutor. Adil Soz and the Trade
Union for Journalists in Kyrgyzstan reported the journalist as saying someone
had wrongly convinced a crowd that she
worked for Kyrgyz Parliament Deputy
Bayaman Erkinbaev, another former
head of Turataly market. During the attack, one of the protestors struck her several times before she was saved by police
officers. Bekbayeva was later hospitalised
with concussion.
Reportedly, a list of
journalists was drawn up
and they received numerous spam e-mails and
spam sms messages
Mahmud Kazakbayev, a reporter with
Demos Times newspaper and the founder
of Allians-Press advertising agency, was
attacked by two unknown men in the city of Osh on 10 September. The assailants beat Kazakbayev, but did not say
anything or take any valuables. The journalist, who had previously received death
threats, believes the attack was related to
his work. He was hospitalised with serious injuries.
A television crew from a local channel
was attacked in the city of Osh on 26
October by protesters calling for the res-
140
2005
Laos
ignation of the government and Prime
Minister Felix Kulov, as well as for the
dissolution of the Parliament. According
to reports, organisers of the demonstration struck a camera operator in the chest
and ordered the journalists to hand over
their footage. The attackers then jammed
the video camera and demanded that the
station report on the demonstration positively.
According to the Trade Union for
Journalists in Kyrgyzstan and Adil Soz,
the journalists received several phone
calls threatening violence against them if
the television station covered the demonstration negatively. The journalists asked
to remain anonymous because they were
still receiving threats connected to the
attack. In a sign of the pressure, the station aired a piece about the demonstration without commentary on the evening
news that day.
According to reports,
both government-supported
and independent media
have received strict instructions on how to cover
parliamentary elections
On 8 December, Oleg Vassil, Deputy
Director of Kyrgyz independent television company Pyramid TV, announced
that the station’s management planned an
appeal to President Kurmanbek Bakiev
over a takeover attempt. Apparently, the
station’s staff were surprised to discover
that Pyramid TV has new owners. Based
on reports, President Bakiev’s family may
be behind the takeover.
On 12 December, about 20 employees of Pyramid TV held a protest in front
of Parliament. The journalists taped their
mouths to symbolise what they believe is
an attempt to muzzle an independent
and critical media outlet. On the same
day, legislators set up a commission that
will meet on 14 December to investigate
the takeover attempt.
According to a Radio Free Europe/Radio Liberty report, Pyramid chief Elena
Chernyavskaya, believed the incident is
related to the station’s critical coverage of
President Bakiev. Other sources have statG
ed it is merely a business deal.
I
n 2004, Asian leaders met in Laos on
the occasion of the tenth Summit of
the Association of Southeast Asian Nations (Asean); also in attendance were
some 1,000 international and local journalists. One year later, in 2005, Laos was
chosen once again to host an international event: the 38th ASEAN Ministerial
Meeting. Representatives from the ten
ASEAN members – Brunei, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, the
Philippines, Singapore, Thailand and
Vietnam – as well as various dialogue
partners including the US, China, India,
North and South Korea and the European Union (EU) attended the meeting.
According to news reports, about 2,000
delegates and media representatives also
travelled to Vientiane for the meeting.
While Laos’s hosting of international
events is a positive sign of the country’s
gradual integration with the outside
world, the negative consequence was that
both ahead of and during the meetings,
Laos’s government increased security
measures in the country, especially in the
capital Vientiane.
During the ASEAN Ministerial Meeting that took place at the end of July,
governmental restrictions were reminiscent of a state of curfew. Bars and restaurants in Vientiane were forced to close at
11 p.m. and were not allowed to play
music in order to keep peace and order in
the capital. Only ten places of entertainment, most of them in big hotels, were
allowed to stay open longer. The police
were stationed every 200 metres on all
the streets of Vientiane and they checked
vehicles, as well as people who walked the
streets after 11 p.m.
Indeed, reports by
the Laotian media about
the meeting were positive
and followed closely the
governmental line
Indeed, reports by the Laotian media
about the meeting were positive and closely followed the governmental line. Of
course, this comes as no surprise in a
country where the government owns all
newspapers and broadcast media, and
maintains strict control over their content. Furthermore, slandering the state,
distorting party policies and spreading
false rumours are all criminal offences in
Laos.
However, when accused by RSF of
restricting media freedom, Laos’s leaders
insisted that the media in the country
operates freely and that the government
“gives prominence to journalists and the
media who are essential parts of the life
and society.”
Laos’ ruling communist party, which
came to power after overthrowing the
monarchy in 1975, has kept the country
in a state of almost complete isolation for
many years. A slow integration process
was only started in the 1990s.
In the media field, such attempts to
open up to the outside world were reflected in different meetings organised between Laotian and foreign journalists,
mostly from bordering countries.
However, when accused
by RSF of restricting media
freedom, Laos’s leaders
insisted that the media in
the country operates freely
At the end of September, Thailand
and Laos jointly organised the seminar
“Thai-Lao Media Relations,” with the intention of boosting relations and creating
better understanding between the two
countries. Lao and Thai journalists came
together at the seminar to exchange ideas
and explore ways to develop ties and
bring the two peoples closer together.
Speakers at the seminar stressed the similarities between Laos and Thailand in
race, religion, language and culture, as
well as the important role of the media in
promoting international cooperation.
In addition, in September, 30 journalists from the six countries in the Mekong
Region – Cambodia, Laos, Myanmar,
Thailand, Vietnam and China – attended
the workshop “Imaging Our Mekong”,
where they learned “about the resource
rich and culturally diverse region within
mainland Southeast Asia…” as local news
reported.
In two separate events in May, two delegations of journalists from India and
Vietnam travelled to Laos to improve relations between the media in the two
countries.
Meeting with the visiting delegation
from the Vietnam Journalists Association
2005
141
Macao
(VJA) in Vientiane on 18 May, Lao
Prime Minister Bounyang Vorachith
praised the cooperation and spirit of mutual assistance between the journalist associations of Laos and Vietnam. According to local news reports, the Vietnamese
press supported its Lao counterpart in the
coverage of important political events
hosted by the Lao government, such as
the 10th ASEAN summit in 2004,
among others. Furthermore, the VJA has
provided the Lao Journalists Association
(LJA) with media equipment and helped
train reporters and editors. The LJA
headquarters itself was built with funds
G
provided by the VJA.
M
acao’s media are so closely connected to the local government and
financially dependent on it that, even if
the government does not restrict press
freedom, it is difficult to define the media
as independent.
Businessman Edmund Ho Hau-wah,
who has been Macao’s popular chief executive since 1999, has promoted liberalism, focusing on ensuring the economic
growth of the city-state, the safety of its
citizens from gang-related violence, and
Macao’s autonomy from Beijing.
Even after Macao reverted to Chinese
sovereignty in 1999, neither the local
administration, nor the Chinese government have censored the media or limited
the journalists’ freedom in any way. Furthermore, the people’s right to information is ensured by a variety of media outlets in Macao.
Today, Macao’s 470,000 residents are
served by one television and radio broadcaster, eight Chinese and three Portuguese dailies, five Chinese and one Portuguese weeklies, an English daily and dozens
of magazine titles. On top of this, various
publications are imported from neighbouring Hong Kong and from mainland
China.
The people’s right to
information is ensured
by a variety of media
outlets in Macao
The problem remains that of financing all these publications in Macao’s booming yet small market. Most local publications fight for survival and the advertising market is as small as the territory’s
population. “Macau is boring. It’s a small
market for everybody and ad rates just
don’t pay much,” Apple Daily Group advertising director Mark Simon was reported by the South China Morning Post
as saying.
What helps the local press survive are
the high annual subsidies that each media
organisation receives from Macau’s government. In order to make sure that its
media market does not succumb to the
strong Hong Kong and Chinese markets,
the Government Information Bureau
(GCS) distributes up US$790,530 a year
to every media outlet. In February this
year, Chief Executive Edmund Ho Hauwah even announced plans to increase
press subsidies by the end of the year.
Furthermore, attempts to privatise
Macau’s only terrestrial television and
radio broadcaster, Teledifusao de Macau
(TDM), have failed and in March the
government took over TDM by formally
acquiring the 49.5 per cent share that it
did not already hold.
The problem remains
that of financing all these
publications in Macao’s
booming yet small market
TDM was set up by the Portuguese
administration in 1984 to provide local
content, with a Portuguese and Cantonese channel on both radio and television.
Before then, Macao’s citizens only had
access to Hong Kong’s television. TDM
ran at a loss from day one and had to be
supported by the government. In an
attempt to change this situation, in 1989,
the government sold 49.5 per cent of the
broadcaster to private investors and retained a 50.5 per cent. After over 10 years
of constant loss, in 2002, the private
investors returned their 49.5 per cent
share to TDM.
The South China Morning Post was a primary
source of information for the above article
142
2005
Malaysia
T
he biggest concerns this year in Malaysia in the press freedom field have
been raised by attacks against Internet
writers, so-called “bloggers”, and independent on-line news Web sites. Former
Prime Minister Mahathir Mohammad,
who holds a tight grip over print and
broadcast media, however, did nor seek
to control the Internet. This stance has
allowed a news web site such as Malaysiakini.com, winner of the 2001 IPI Free
Media Pioneer Award for its qualitative,
independent and critical news reporting,
to survive, despite constant attacks by the
authorities.
the allegedly blasphemous posting from
the Web site and barred the anonymous
writer (who wrote under the name of
“Anwar”) from future discussions.
Police, however, carried on the investigation against Ooi under Section 298A
of the Penal Code, which contains a legal
clause relating to acts fostering “religious
disunity” that carries a penalty of up to
five years imprisonment. As the Malaysian Centre for Independent Journalism
(CIJ) pointed out, Malaysia’s Supreme
Court ruled in 1987 that Section 298A
was unconstitutional. Protesting the action against Ooi, CIJ also noted, “Censor-
Jeff Ooi, a blogger, displays his latest project
on 15 September.
(AP Photo/Andy Wong)
Abdullah Ahmad Badawi, who took
over the position of prime minister in
2003, has displayed a rather more positive attitude toward the media. Badawi
himself called on the government and its
agencies to respect criticism from the media and to accept such criticism as feedback that could be acted upon, according
to reports. However, throughout the year,
the government has carried out a strong
clampdown on so called cyber-dissidence
and freedom of expression on the Internet.
This trend had already begun in 2004,
when Jeff Ooi was threatened with detention under the Internal Security Act
(ISA), which allows for imprisonment
without trial for up to two years, after an
anonymous comment insulting Islam appeared on his blog Screenshots (http://
www.jeffooi.com/) on 28 September
2004.
Ooi was also threatened with prosecution under the Sedition Act; despite the
fact that Ooi himself eventually removed
ship of the Internet was explicitly rejected in the Communications and Multimedia Act 2001.” On 28 February, police
once again questioned Ooi for over two
hours in connection with the 28 September 2004 posting.
On 14 March, university student Ali
Bukhari Amir was summoned for a third
investigation by the Science University of
Malaysia (USM) investigative committee. In two articles that appeared in 2004
in the campus newspaper Berita Kampus
and in the opposition party’s publication
Harakah, Ali challenged the campus’s
partisan politics and their impact on students’ intellectual growth and human
rights, according to reports by the South
East Asia Press Association (SEAPA). Ali
was first questioned on 13 December
2004. On that occasion, the university’s
investigative commission told Ali to
make sure that future articles are cleared
by the university’s authorities before publication.
Malaysia’s 1971 Universities and University Colleges Act (UUCA), which is
binding upon students, prohibits them
from joining political parties and speaking to the media without prior permission from university authorities.
Ali was questioned again on 11 January. This second investigation reportedly
extended also to his Web site and his role
as founder of the writers’ alliance, a group
of university student writers.
Malaysiakini.com reported that, during the 14 March questioning, university
authorities asked Ali to use his writing
talent to support the Malaysian government. In addition, on 14 March, Mack
Zulkifli, owner of the current-affairs
Weblog brandmalaysia.com, was questioned by police, who visited him in his
house on 14 March, according to Malaysiakini.com. Mack said the police questioned him for over three hours about how
Weblogs function, how they can be controlled and the reasons why he kept his
Weblog if he received no income from it.
In a development that shows the extent to which Malaysia’s authorities monitor and control the content of the Internet, on 18 July Mack Zulkifli received an
email message from the Cyber Crime and
Multimedia Investigation Division asking him to remove a link from his Web
site. Mack was threatened with prosecution under the Official Secrets Act for
divulging a state secret if he didn’t remove
the link. Section 8 of the Official Secret
Act carries a penalty of up to seven years
imprisonment.
According to CIJ, the link in question
was to a Web site containing police reports and internal police communications, none of which were marked secret.
Furthermore, the Web site link had already been taken off the Web.
Censorship of the Internet
was explicitly rejected in
the Communications and
Multimedia Act 2001
On 8 July, the editor of the on-line
publication Malaysia Today, Raja Petra
Kamaruddin, was questioned for two
hours under the Sedition Act 1960 about
articles alleging corruption and political
interferences of the Negri Sembilan royal
family, SEAPA reported. One week later,
2005
143
Maldives
Raja had two computers confiscated
from his home.
The Sedition Act 1960 had been used
in an investigation opened in January
2003 against Malaysiakini.com and finally closed in July this year. As a consequence of the investigation, police had
seized 15 computers and four servers
from Malaysiakini.com’s office. The equipment had then been returned.
It is widely accepted
that harsh fines can have a
chilling effect on press
freedom and eventually lead
to self-censorship
In recent years, Malaysia appears to
have tried to bring the fines for libel and
defamation in line with international
standards. It is widely accepted that harsh
fines can have a chilling effect on press
freedom and eventually lead to self-censorship. However, in a highly publicised
case this year, Khalid Jafri, author and
publisher of the book “50 reasons why
Anwar cannot be Prime Minister,” was
ordered by the courts to pay prominent
dissident Anwar Ibrahim damages worth
US$1.2 million.
The book, accusing Ibrahim of corruption and misconduct, was published
in 1998 and circulated within the Malaysian government. This eventually led to
the removal of Anwar, then deputy prime
minister, from all his posts in the government.
It is to be hoped that
the size of the damages will
also remain unique
In view of the loss of reputation and
income to Ibrahim and his family and the
author’s refusal to apologise, High Court
Judge Mohd Hishamudin Mohd Yunus
awarded Khalid heavy damages, in spite
of the fact that this went against the judicial trend. Referring to the case, the judge
said that the “facts and circumstances of
this case are unique.” It is to be hoped
that the size of the damages will also
G
remain unique.
I
n June 2004, Maldives’ President Maumoon Abdul Gayoom, who has been
ruling over the island for the past 27
years, announced sweeping changes to the
constitution; however, observers started
to lose hope when, at the beginning of
2005, there had been no change to the
autocratic political system.
Once again in March 2005, after the
conclusion of the non-party parliamentary elections, and after months of unprecedented anti-government protests on
the streets, Gayoom announced his determination to establish multi-party democracy in the Maldives within one year. In
the following months, the president actually outlined an action plan for the change that was approved by Parliament in
June 2005.
The arrest and detention on 12 August of Mohamed Nasheed, a member of
the newly founded opposition Maldivian
Democratic Party (MDP), during a
peaceful protest in Malé, is a sign that a
repressive ruler, who has been in power
for over 25 years, is not going to give up
power easily.
Nasheed, a well-known government
opponent and contributor to different
publications, was reportedly charged
with terrorism and sedition for “inciting
violence against the president” in a speech
he made in July.
The 12 August protest was to commemorate the anniversary of the mass
arrests of opposition leaders and activists
on 12 and 13 August 2004. At that time,
the arrests followed large-scale demonstrations pressing for political reform.
The crackdown on opposition figures
continued throughout the year. On 13
October, journalists Mohamed Nasheed
(who is not related to the opposition politician) and Abdullah Saeed, both from
the opposition publication Minivan Daily, were arrested in the capital Malé. Columnist Nasheed was reportedly accused
of taking part in a pro-democracy rally in
August; Saeed was accused of drug possession. Minivan Daily described the
charges as a pretext.
Minivan Daily which originally existed only as a foreign-based Web site, was
allowed to publish in August, becoming
the only opposition printed publication
in the Maldives. However, after only a
few weeks, its printers refused to produce
the daily, after caving in to political pressure, according to reports. As a result, the
daily was forced to circulate in photocopied form.
Minivan Daily’s editor, Aminath Najeeb, and five of its journalists, who have
been summoned several times for questioning by the police, are currently being
legally persecuted at the request of the
Information Ministry.
Also of great concern is the continued
detention of Jennifer Latheef, a documentary filmmaker and photojournalist
for Minivan Daily, among other publications. Latheef was sentenced to ten years
in prison on 18 October for committing
an “act of terrorism” by allegedly throwing stones at a policeman during a September 2003 protest in Malé. The photojournalist, who has denied the charges, is
being held in terrible conditions.
The crackdown on opposition figures continued
throughout the year
Another Minivan Daily photographer,
Imran Zahir was imprisoned on 4 September and questioned by police as to
whether he had been taking pictures of
an MDP meeting.
In a rare positive development, online journalist, Mohamed Zaki, was unconditionally released from prison on 18
August. However, his fellow journalist
Ahmed Ibrahim Didi is still serving a fifteen-year sentence. Both Zaki and Didi
were held in early 2002, together with
journalist Ibrahim Moosa Luthfee, who
managed to escape from prison and is
now in exile, and their assistant Fathimath Nisreen, who was given an amnesty
on 9 May. Before being released, Zaki
had been held under house arrest because
of serious health problems. All four were
sentenced to long prison terms for their
involvement in Sandhaanu, an Internet
newsletter that criticised human rights
violations and corruption.
The clampdown on the Internet continued this year with the arrest on 1 May
of Ismail Faiz, a systems engineer with
the country’s sole Internet service provider, Dhiraagu. Faiz, who was officially accused of “terrorism,” “incitement to violence” and “attempting to overthrow the
government” is reportedly being held for
working with the London-based opposition Web site Dhivehi Observer, accordG
ing to RSF.
144
2005
Mongolia
T
he most positive development this
year in Mongolia was the transformation of the national broadcaster Mongolian National Radio and Television
(MNRTV) from a state broadcaster into
a genuine public service broadcaster.
It has taken 15 years to carry out this
transformation. As an article published
by Transitions Online reported, ever since
1990, when Mongolia first held multiparty elections, various attempts were
made to promote the notion of publicservice broadcasting. However, the Mongolian People’s Revolutionary Party (MPRP) that ruled Mongolia almost all the
time, except for a brief interruption between 1996 and 2000, has never accepted
the need to change the law regulating
MNRTV.
Observers agree that the change in
policy might have been a consequence of
the political change within the Parliament, or State Great Hural. Following
the June 2004 parliamentary elections,
both the MPRP and the opposition now
party sit in the Parliament and the coalition government is led by a former opposition leader.
Observers agree that
the change in policy might
have been a consequence
of the political change
within the Parliament, or
State Great Hural
Mongolia’s new public-service broadcasting law is modelled on Western examples and envisages a station managed,
financed and controlled by the public.
Transitions Online reported that the MNRTV new regulatory body, the Mongolian Radio and Television Council, which
was formed in October, six months after
the new law came into force, gives almost
as many seats to civil society representatives as to political appointees. The government and president have each appointed four members to the 15-member regulatory Council. The remaining seven
members of the Council are proposed by
Mongolia’s approximately 300 active
NGOs and civil-society groups, though it
is necessary to win parliament’s approval
for the final choices.
This public broadcaster’s model presents two problems. The first problem is
having to make sure that the regulatory
body remains politically independent.
The second problem is the difficulty of
financing the public broadcaster.
The second problem is
the difficulty of financing
the public broadcaster
Following the European trend of reducing advertising on public broadcasts,
the new Mongolian broadcasting law further stipulates that public television
should be funded through a combination
of license fees, advertising revenues, state
support and other sources such as donations. However, advertising revenues are
limited to two percent of airtime and can
only be “related to education.”
In a country so extended and so sparsely populated as Mongolia, where roads
and the basic infrastructure are missing,
the difficulty and the costs connected
with collecting licence fees are extremely
high. Furthermore, considering that the
monthly average wage is less that US$
100, the licence fee cannot be higher
than approximately US$1.00.
Today, cable television has spread
throughout the country. Reports say that
of the 541,000 households in Mongolia,
300,000 own a television set and are able
to receive MNRTV, as well as many private television channels and foreign outlets such as BBC News. This ensures a
relatively good level of information in a
country that, despite having a very weak
economy, has a literacy rate of 99%,
among the highest in the world, according to Financial Times’ data.
Mongolia has experienced
peaceful transfers of power
Since the end of the one-party rule in
1990, Mongolia’s democracy has been
stabilizing. In the five parliamentary elections (1990, 1992, 1996, 2000, and
2004) and four presidential elections
(1993, 1997, 2001, and 2005) that took
place since the democratic transition,
Mongolia has experienced peaceful transfers of power.
Ahead of the 2005 presidential elections, the Mongolian Journalists’ Confederation issued four journalistic guidelines for accurate reporting and urged
members of the press to adhere to them.
The guidelines are: 1) Journalists are
obliged to give the voters an objective
point of view on the candidates to give
voters the opportunity to evaluate candidates themselves; 2) Journalists are
obliged not to discriminate against candidates according to their political party or
coalition membership; 3) Journalists are
obliged to use the news space and/or
broadcasting hours in an equitable and
balanced manner; and 4) Journalists are
obliged not to be affected by any form of
“free rewards”, they should not libel candidates and be free of favouritism.
The journalists were
reportedly fired along with
their editor-in-chief,
but they were taken back
by the newspaper
Meanwhile, the Confederation is also
working on the development of a journalistic code of ethics.
While the Mongolian government respects press freedom, in November this
year, journalists of the Gan Zam newspaper, published by the Mongolia and Russian governments’ joint venture Mongolian Railway (MTZ), complained of censorship from their publisher. The complaints came after they were required to
show all articles to the chairman of MTZ
press centre before printing them.
According to reports by the Mongolian newspaper, The UB Post, the change
in policy came after former Gan Zam editor-in-chief L. Sengee was fired on 12
October by MTZ, following the publication by Gan Zam of an article criticizing
MTZ’s Ulziit railway junction. The journalists were reportedly fired along with
their editor-in-chief, but they were taken
back by the newspaper and have since
G
returned to their jobs.
2005
145
Nepal
Watch List Country
Death Watch
Country (2)
Mission Country
N
epal is fast becoming one of the
most dangerous places in the world
to practice journalism. Caught up in increasing tension between Maoist rebels
and the constitutional monarchy, journalists and media workers faced relentless
attack throughout the year as hundreds
of cases of intimidation, harassment, prolonged detention, and at times, kidnappings, torture and killings were reported.
Ongoing legal restrictions threaten to
strangle the last vestiges of press freedom
and have had a detrimental impact on the
media environment. In 2005, more journalists were imprisoned in Nepal than in
any other country.
Prompted by these disastrous developments which threaten to diminish the important role of the country’s independent
media and hoping to strengthen its support for the plight of Nepali journalists,
IPI members voted unanimously to place
Nepal on IPI’s Watch List at its 54th Annual General Meeting in Kenya on 21 May.
District media are at a
greater risk of interference
from combatants
From 10 to 16 July, IPI joined an international press freedom and freedom of
expression advocacy mission to Nepal to
investigate the treatment of journalists
and the alarming tactics of intimidation
and harassment that are being used to
prevent the free flow of information.
Restrictions imposed when King Gyanendra declared a state of emergency on
1 February delivered a shattering blow to
the Nepali media. Since 1990, when democracy had been restored in Nepal, the
independent media had flourished with
dozens of newspapers and FM radio stations operating throughout the country.
These media outlets had been vigorous in
their scrutiny of public affairs and played
a key role in the development of Nepal’s
democracy.
The king declared a state of emergency in what he announced was a response
to the country’s deteriorating security situation. The government has been embroiled in a decade long battle with Maoist
rebels who are fighting to set up a communist republic. The conflict has left
more than 12,000 people dead since it
started in 1996.
When the king sacked his government
and granted the monarchy absolute administrative powers, he suspended all civil liberties and severely curtailed media
rights. As the king delivered his 1 February Royal Proclamation, in a pre-planned
military operation, army forces entered
media offices in Kathmandu to prevent
all radio and television broadcasts and to
censor newspapers. In the days following
the state of emergency, Internet access was
completely blocked, all phone and air
communications were suspended and the
country was closed to all outside contact.
For over three weeks, armed personnel
policed media outlets, stationing themselves in offices and printing presses. In
some cases, they prevented radio and television station employees from entering
their work places. These forces monitored the content of all newspapers and
actively enforced the king’s prohibition
on any “interview, article, news, notice,
view or personal option that goes against
the letter and spirit of the Royal Proclamation.”
On 1 March, the Ministry of Information and Communication (MoIC) issued
a notice that stated: “publishing or broadcasting interviews, articles, news, information, reading materials, opinions or
personal views that directly or indirectly
instigate or support terrorist and disruptive activities is prohibited and liable to
punishment…” The Nepalese government continues to refer to its conflict
with the Maoists as a theatre in the United States-led global “war on terror.” The
Terrorist and Disruptive Acts (Control
and Punishment) Ordinance (TADA),
promulgated in April 2002, allows preventive detention for up to one year.
This clause has been widely misused
for the arrest of media workers and anyone suspected of complicity with the Maoists. Under TADA provisions, journalists have been detained for lengthy peri-
ods, without official charge or access to
legal counsel. In one of several examples,
Bhaikaji Ghimire, a journalist with the
Kathmandu-based Samadristi weekly was
detained by security forces on 3 December 2003. He continues to be held at
Nakku Jail and has not appeared in court.
He is reportedly being held under TADA.
In the months immediately following
the coup, countless incidents of manhandling, intimidation and arrest of journalists at the hands of security forces were
reported. Hundreds of journalists were
arrested and detained throughout the
year. Some were held overnight and
then released; while others were detained
for weeks and interrogated at length.
Dozens of journalists have been beaten
and abused in the process of being arrested. Reports from journalists who say they
were tortured while in detention have
also emerged.
In the remote outer districts where
fighting is most intense, dozens more
journalists were threatened by Maoists
over stories deemed anti-Maoist or promonarchy. In a number of incidents,
those threats were acted upon and journalists were attacked, kidnapped and
killed.
All constitutional and
legal safeguards available
to the media were
paralyzed through government directives
Khagendra Shrestha, editor of the provincial daily, Dharan Today, died on 31
March of gunshot wounds to the head
sustained when armed men burst into his
office in Dharan, eastern Nepal on 15
March. He died in hospital in the Indian
town of Siliguri, where he was rushed
shortly after being shot. Security forces
believed Maoist rebels were behind the
killing.
Maoists abducted journalist Som
Sharma on 13 May. In letters written to
his family from captivity, Sharma said
that he was in poor health and that he
was kidnapped in retribution for reporting critically on the group. Sharma was
held for over two months and was not
released until mid-July.
While Maoists, as well as state security forces are targeting the media, in the
western district of Butwal, journalists
146
Nepali citizens read news that King Gyanendra is taking administrative
control of the country on 2 February 2005. (AP Photo/Elizabeth Dalziel)
also identified the emergence of a third
group: vigilantes who refer to themselves
as the “resistance.” These vigilantes were
allegedly trained and armed by security
forces, and were said to routinely perpetrate attacks against media practitioners.
District media are at a greater risk of interference from combatants and also face
greater challenges as they try to report
from isolated areas using limited infrastructure.
An estimated 1,000 journalists working in 47 FM
stations lost their jobs
On 9 March, a reporter with the Butwal-based Himal Khabarpatrika, J.B. Pun
Magar was abducted by a vigilante group
while he was covering ethnic clashes in
Kapilvastu. He was held for two days during which time he was blindfolded and
interrogated.
Following the royal proclamation, all
constitutional and legal safeguards available to the media were paralyzed through
government directives. Local authorities
forcibly closed over nine dozen newspapers. An equal number of publications
were allowed to reopen only after they
agreed that they would abide by the restrictions of the royal proclamation. One
dozen incidences of seizure of publications took place and several journalists
had their equipment damaged by both
2005
King Gyanendra addressed the nation on 1 February 2005
to declare a state of emergency. All civil liberties were
subsequently suspended.
(AP Photo/Nepalese TV)
security forces and Maoists.
Bowing to international pressure exerted by India, Britain and a number of
other countries, the king lifted the state
of emergency on 27 April. The tactic
seemed designed to pay lip service to international pressure, and did not signal
any willingness to restore democracy. Restrictions on political activities and press
freedom were kept in place.
In June, IPI released several statements
condemning the mass arrests of journalists and media workers. More than 100
journalists were arrested during a series of
peaceful demonstrations organized to demand the restoration of press freedom
and to urge the government of King Gyanendra to abandon plans to codify emergency press restrictions by amending the
media law. Journalists were arrested in
groups of up to four dozen at a time in
Kathmandu, Butwal, Kalaiya and other
cities. In one instance, police in the Kavre district postponed diffusing a bomb in
order to intervene in the journalists’
peaceful protests. Many of those arrested
were held overnight before being released. Several were beaten by police.
FM radio stations operated by local
communities and private broadcasters
were hardest hit by the government’s imposed restrictions. In contradiction to
clauses 5 and 16 of the 1993 National
Broadcasting Act, the MoIC banned the
broadcast of all news and current affairs
on FM and community radio. The ban
remained in place throughout 2005 as
the king sought to amend the constitution to codify the restriction.
Many small to medium
sized newspapers have
had to stop publishing,
while others are on the
brink of collapse
The administrative policy towards FM
and community radio is particularly discriminatory when it comes to news and
current affairs programmes as the ban is
not being applied to the print media or
television. The economic crisis brought
on by this systematic censorship lead to
significant unemployment. An estimated
1,000 journalists working in 47 FM stations lost their jobs.
The public has also suffered greatly as
they have lost an essential source of access
to information. In a country where illiteracy rates are high and over 40 per cent
of the population live in poverty, radio
has been a key source of information particularly for citizens living outside the
capital.
In the years leading up to the ban, Nepal had gained a reputation as a respected
leader in the global radio community.
Many community development programmes that were credited with significantly contributing to the promotion of
2005
147
Protestors have themselves blindfolded and chained to symbolize
the climate of freedom of speech
and of expression in Nepal during
2 June 2005 demonstrations in Kathmandu.
(AP Photo/Binod Joshi)
development, awareness, peace and stability were cancelled following the royal
proclamation with only state directed
Radio Nepal being able to operate freely.
The phase of direct presence and supervision of security forces at radio stations has lessened but security forces continued to monitor programmes and intimidate journalists through telephone calls
and frequent visits to radio stations. The
harassment has been severely problematic
in the districts outside the Kathmandu
Valley where media outlets face pressure
from both security forces and Maoist insurgents who have warned stations
against broadcasting Radio Nepal news.
In several instances, Maoists have raided
and looted stations in retaliation of coverage that they deemed supportive of the
state. Such an incident took place on 19
May when Maoists looted all equipment
from Ghodaghod FM in Kailali, in the
far west of Nepal.
The state reinforced restrictions on
press freedom when it chose to ignore the
Supreme Court’s decision to reverse a closure order issued by the MoIC against the
media centre Communications Corner.
The centre produced independent programming for over 14 radio stations
around the country. The 7 June ruling
came in response to an action filed in early May by Communications Corner director Gopal Guragain who was forced to
close the centre after the ban on radio
news broadcasts. In reaching its decision,
the Supreme Court declared that the
actions of the Ministry were “illegal.”
The government did not adhere by the
ruling.
Both print and broadcast media have
been severely affected by the economic
hardships that have accompanied the
state’s policies of media repression. In many newspapers throughout the country,
state advertising makes up 25 to 30 per
cent of all advertising revenue. The government’s “One-Door Advertising Policy,” initiated after the coup, directed public expenditure on advertising to “co-operative” media and imposed a de-facto ban
on all public advertising in newspapers
that were critical of government.
Particularly outside the capital, where
publications are dependent on an even
greater proportion of state advertising,
many small to medium sized newspapers
have had to stop publishing, while others
are on the brink of collapse. The restricted allocation of state advertising has, in
some cases, meant that private advertisers
have been given greater bargaining power
and are paying less for their advertising
space.
Disruption in the links of the distribution chain, including delivery delays,
confiscation of print runs and increases
in postal tariffs for newspapers were seen
outside the Kathmandu valley. For community radio stations, the ban on political and social programmes has resulted in
a loss of sponsors.
Nepalese policemen try to arrest a journalist
during a protest in Kathmandu on 13 June
2005. More than 100 journalists were arrested
throughout Nepal during week-long protests
against media restrictions imposed by King
Gyanendra.
In the outer-lying districts, economic
hardship combined with a more pronounced threat from the Maoists have
meant that several journalists have been
displaced from their homes. Some have
moved into the capital to seek work while
others have fled there fearing for their
personal safety after receiving threats
from rebel groups.
The challenges imposed
by the state warranted a
strong response from the
media fraternity
The challenges imposed by the state
warranted a strong response from the media fraternity who have struggled to keep
avenues of information open. Journalists
and media workers waged a campaign of
peaceful demonstrations and rallies to
oppose the government’s repressive policies and to rally for their right to report.
The independent press in Kathmandu
has made some progress in creating an
open space from which to report with
certain newspapers resuming their watchdog role to investigate and scrutinize
domestic affairs. The district media continued to be heavily censored.
On 9 October, IPI voiced strong condemnation against a media ordinance
promulgated by King Gyanendra that
would codify sweeping restrictions on
press freedom and the rights of journal-
148
2005
Nepalese journalists with their mouths covered, demonstrate against
a new media ordinance in Kathmandu on 30 October, 2005.
ists, editors and publishers. The Ordinance incorporates tighter provisions for
content, ownership and penalties into the
press laws enshrined in the 1990 constitution.
The Ordinance incorporates
tighter provisions for content, ownership and penalties into the press laws
Seen as a clear attempt to further intimidate journalists and media workers
and consolidate ongoing efforts to silence
the independent media, the Ordinance
called for increased protection from public scrutiny for the King and Royal Family. There were also provisions in the
penal code to imprison journalists convicted of defamation, a ten-fold increase
in financial penalties for press law violations and further restrictions on FM radio stations.
Less than a week before the promulgation of the Ordinance was announced,
imprisoned journalist Maheshwor Paharid, a reporter for the weekly Rastriya
Swabhiman, died of tuberculosis in a hospital in Pokhara, 130 kilometres northwest of Kathmandu. Local doctors had
recommended Pahari be transferred to
Kathmandu for proper medical treatment, but officials refused, citing security
concerns. Pahari was detained by security
forces in Khorako Mukh, Kaski District,
on 2 January 2004, and held incommunicado for several months.
In mid-October, the Federation of
Nepalese Journalists, in coordination
with nine other professional organizations and civil society groups, challenged
the ordinance at the Supreme Court.
On 21 October, MoIC officials, backed by a dozens of armed police, raided
Kantipur FM’s Kathmandu office around
midnight and seized the equipment it
used to uplink its transmission to the
eastern region. The station was later forced to cease broadcast of news bulletins
in compliance with the Ordinance.
On 11 November, a three-member
special panel of the Supreme Court refused to issue an interim order to the government asking it not to implement the
controversial media law. Throughout the
remainder of the year dozens of radio stations attempting to defy the ban on news
broadcast were raided and several journalists were arrested as the government
vigilantly enforced the repressive measures included in the new media ordinance.
On 22 November, Prachanda, the
chairman of the Communist Party of
Nepal (Maoists), issued a statement say-
ing his party was committed to fully
respecting the norms of human rights
and press freedom in the context of taking the peace process forward. The statement came as the Maoists were observing
a three-month-long unilateral ceasefire,
the first truce since peace talks broke
down in 2003.
Just one day after the announcement,
Biratnagar-based reporter Chandra Mani
Kattel was briefly abducted and manhandled by Maoists after he entered what was
referred to as Maoist-controlled land
without permission. Throughout the end
of the year, several incidents of Maoist
intimidation and harassment targeting
journalists were reported diminishing
hope that Prachanda’s commitment
would translate into action and signal an
end to Maoists attacks against journalists.
Necessary Changes to the Media
Environment:
G
G
G
G
G
Repeal of new media Ordinance
Decriminalization of Press laws
End of state advertising embargo
FM radio allowed to broadcast
news programmes
Equal access for District Media
to safety training and support
G
2005
149
North Korea
T
alking about press freedom in North
Korea is a contradiction in terms. In
a country where the sole role ascribed to
the press is that of spreading the viewpoint of the government, freedom is not
even an element of the North Korean
media. All newspapers and broadcasting
stations are under direct governmental
control and report exclusively about
“Dear Leader” Kim Jong-il, the government’s policies and positive developments within the country.
Nothing is mentioned about the widespread chronic malnutrition among children and urban populations, or about the
government’s inability to protect the people’s “right to food,” as Amnesty International has defined it. Nor is there discussion of the right to a decent life, proclaimed as a fundamental right in any
communist ideology; or the failure of the
government’s philosophy of Juche, or
“self-reliance.” A fact reinforced by the
country’s desperate need for foreign aid
to feed its people. Indeed, Korean media
also fail to mention the various human
rights reports that show North Korea as
one of the countries that least respects
human rights.
Pakistan
finance or legitimize the continuation of
those abuses, will ultimately increase the
risks of war.”
In an attempt to mitigate international calls for improved human rights, in
August, the North Korean Parliament issued a decree stating it would grant “a
great amnesty” to mark the 60th anniversaries of the establishment of the ruling
Workers’ Party of Korea and the liberation of Korea from 45 years of Japanese
colonial rule.
The decree said that the amnesty
would start on 1 September, but it did
not make clear how many people would
be freed; nor did subsequent reports clear
up this discrepancy.
The previous amnesty took place in
2002, when the North Korean government pardoned an unspecified number of
people from labour camps to mark the
90th anniversary of the birth of the counG
try’s first leader, Kim Il Sung.
Death Watch
Country (2)
W
hile journalists working in Pakistan have never been able to carry
out their profession free of harassment
and other dangers, the situation has worsened over the past year.
President Pervez Musharraf ’s anti-terrorist policy has been used to justify attacks, even physical ones, against journalists and restrictions on their right to free
expression. Throughout the year, anti-terror laws were misused to imprison journalists critical of the government. In addition, radio and television stations were
banned, printing presses, while newspaper offices were raided by police. Responding to criticism, Musharraf said the violations were essential to the fight against
international terrorism.
Korean media also fail to
mention the various human
rights reports that show
North Korea as one of the
countries that least respects
human rights
Meanwhile, efforts to promote human
rights in this most isolated of countries
are being made at the international level.
In December, an international three-day
conference on North Korea’s human
rights’ record took place in Seoul. Participants from 40 local and overseas organizations and 50 prominent human rights
activists attended the “Seoul Summit:
Promoting Human Rights in North
Korea.”
In July, at the start of a fourth round
of six-nation talks in Beijing aimed at
ending North Korea’s nuclear weapons
programme, US delegates raised the human rights issue. The decision followed a
petition from around 11 human rights
groups who warned that ignoring North
Korea’s “inhuman abuses against its own
people, or entering into agreements that
Police commandos in plainclothes
arrest Pakistani journalists before the
Parliament on 3 May in Islamabad.
(AP Photo/Rawalpindi Islamabad
Photojournalists Association,ho)
Two journalists were killed this year
because of their profession. On 7 February, Amir Nawab Khan, a reporter for the
English-language daily Frontier Post and
freelance cameraman for Associated Press
Television News, and Allah Noor Wazir,
who worked for the Pushto-language
Khyber TV, were killed in an ambush in
the semi-autonomous tribal region of
South Waziristan.
The journalists were returning to the
town of Wana from remote Sara Rugha,
where they were covering the signing of a
peace deal between rebel leader, Baitullah
150
Mahsud, and the Pakistani authorities,
when a car overtook the journalists’ van
and two gunmen opened fire with AK-47
assault rifles. Two other journalists, Anwar Shakir, a stringer for Agence FrancePresse, and Zardad Khan of Al-Jazeera,
were wounded in the incident.
The province of South Waziristan Pakistan’s tribal area bordering Afghanistan
has been a very dangerous area for journalists, who report on the activities of local Al-Queda supporters and are regularly attacked, harassed and threatened. Local authorities generally bar reporters
from entering the area. Many Al-Qaeda
militants are believed to be hiding in
South Waziristan.
Ten days after the shooting, an unknown group calling itself Sipah-e-Islam
(“Soldiers of Islam”) claimed responsibility for the killing of the two journalists.
In a fax sent to the English-language
daily The News, the group said, “We take
responsibility for the murder of the two
journalists in South Waziristan last week
(…). Some journalists have been working
for Christians (…). They are being used
as tools in the negative propaganda of the
Christians against the Muslim mujahideen (…). As well as killing two journalists, we mujahideen have killed American
spies.”
Throughout the year, antiterror laws were misused to
imprison journalists critical
of the government
Another journalist was killed this year
in Pakistan. While it is not sure whether
the killing was in retaliation for the journalist’s work, it shows that safety of journalists is a major issue in Pakistan.
On 5 December, Nasir Afridi, the president of Darra Adam Press Club and
journalist for a daily Urdu language
newspaper, was shot and killed while driving in his car in Northern Pakistan, the
Pakistan Federal Union of Journalists
(PFUJ) reported. Afridi was killed by a
stray bullet from a battle going on between the Bazi Khel and the Mala Khel
tribes. A truck driver was also killed in
the attack.
One journalist was abducted in North
Waziristan on 5 December and was still
missing at year’s end. Colleagues believe
that Hayatullah Khan was abducted by
the authorities because of an article he
wrote questioning and contradicting a
government report on the killing of an alQaeda commander. According to reports,
Khan received numerous threats from security forces and local tribesmen because
of his reporting. After Khan was abducted, government officials made contradictory statements about his whereabouts
and promised he would be released.
We take responsibility
for the murder of the
two journalists in South
Waziristan last week
In South Waziristan, on 16 December,
a bomb exploded in the house of Dilawar
Khan Wazir, correspondent for the daily
Dawn and the BBC. Wazir told the Pakistan Press Foundation (PPF) that he
had been reporting about the unsatisfactory state of affairs in the area and that it
has become unsafe for journalists.
Press freedom is also restricted through
the use of old and new laws. Perhaps the
most disturbing was the passing of the
Pakistan Electronic Media Regulatory
Authority (PEMRA) Amendment Bill
(2004) by the National Assembly on 16
May, which tightened the government’s
control over the broadcasting media.
Clause 27 of the bill allows the PEMRA
to impose a ban on channels in the name
of vague notions such as “national interest,” “national security,” “ideology of Pakistan” and “vulgarity.” Those who violate the bill can be punished with sentences
up to three years and heavy fines of approximately USD$ 168,000, according to
IFJ reports.
On 14 November, the PEMRA raided
the private FM 103 radio station in Karachi and shut down its transmission for
alleged violation of laws regulating the
operation of radio stations, PPF reported.
FM 103 believes that the raid was in connection with its recent broadcast of a
BBC programme including analysis and
views on the 8 October earthquake. Some
months earlier, the PEMRA banned FM
103 from broadcasting BBC news programmes. Federal Information Minister
Shaikh Rashid said PEMRA rules clearly
forbid the broadcast of programmes from
foreign channels on local radio stations.
On 22 December, PEMRA issued an
2005
order instructing cable TV operators to
stop carrying some 30 foreign TV channels, threatening fines and arrest. Most of
the banned channels are Indian, but the
list also includes American and British
ones.
Throughout the year, newspaper offices were raided all over the country under
the pretext that they were publishing hate
speech. According to PPF, the raids came
after President Musharraf ’s remarks at a
convention on 18 July in Islamabad
where he spoke strongly against religious
extremists and on the need to curb such
elements and prevent them from preaching their sectarian and hate-filled views.
On 16 July, police raided the offices of
the weekly Zarb-i-Islam, picked up its
editor Nasir Ali Jahangir and assistant
editor Mohammad Saleem, and sealed
the office.
On 19 July, police in Karachi raided
the offices of the Urdu weekly Friday
Special, a subsidiary of the daily Jasarat
and arrested its assistant editor, Abdul
Latif Abu Shamil. Jasarat is a publication
belonging to the Jamaat-i-Islami opposition political party.
On 24 July, Rashid Channa, a reporter for the Karachi daily Star, published
by the Dawn Group of Newspapers, was
arrested by police and detained for about
12 hours before being released. On 25
July, Channa was charged with “attempted murder” of a person he claims he had
never heard of before. The Dawn Group
said Channa’s detention appears to be
linked to stories he wrote about the government.
Federal Information
Minister Shaikh Rashid
said PEMRA rules clearly
forbid the broadcast of
programmes from
foreign channels on local
radio stations
At the beginning of June, the government banned all government advertising
in the Dawn Group’s publications, in an
attempt to silence critical opinions expressed in the group’s newspapers and
magazines.
On 15 August, officials withdrew the
publication permits of the weeklies Wajood, Zarb-i-Islam and Friday Special, ac-
2005
151
Philippines
cusing them of “publishing objectionable
material, which creates sectarian extremism, hatred among various sects and [causes] danger to public safety and order.”
While this is only a selection of the
numerous attacks on journalists and
media carried out both by the Pakistani
authorities and by members of other
political or religious groups, it is evident
that the basic right to freedom of expression and the people’s right to information
are not being respected. Once again, it is
evident that the war on terrorism and on
religious extremism, promoted by many
governments around the world, is a pretext to clamp down on basic freedoms in
G
the interest of the ruling elites.
Death Watch
Country (9)
G
enerally, press freedom monitors,
such as IPI, urge governments not
to interfere with the media or with journalists. In most cases, a government’s
non-intervention is the best foundation
for press freedom. Not in the Philippines,
however, where the government’s lack of
action is simply encouraging attacks
against journalists.
Nine journalists were killed in 2005 in
the Philippines, according to IPI statistics, and by the end of January 2006,
when this report was written, the first
two murders of 2006 had already taken
place.
International organisations have repeatedly urged the government of President Gloria Macapagal-Arroyo to take
action to make sure that those responsible for the killing are brought to justice.
As long as impunity reigns in the country, there is no hope that the killings of
journalists are ever going to diminish.
The Philippines government has repeatedly stated that many of the cases of
journalists murdered in the past years
have already been solved. However, the
government considers a case to be “solved” when the suspects have been identified, not when they have been brought to
justice. In this way, impunity continues
to be the guiding rule.
In most cases, a government’s non-intervention
is the best foundation for
press freedom
This lack of response on the side of
the government does not seem to be due
to inefficiency, rather it appears to be
intentional. First of all, independent investigations have shown that public officials have ordered the killing of some of
the journalists, who were carrying out investigations into their corruption. Furthermore, the government’s attacks this
year against the Philippines Center for
Investigative Journalism (PCIJ) are evidence that the government is trying to
avoid any kind of investigations into its
corruption and incompetence, as well as
journalists’ killings.
At the beginning of April, the National Union of Journalists of the Philippines (NUJP) reported that a presentation
entitled “Knowing the Enemy” prepared
by the Intelligence Service of the Armed
Forces of the Philippines (ISAFP) listed
the NUJP and the PCIJ among two dozen groups of supposed communist sympathisers and “enemies of the state.”
On 7 April, the Philippine Daily Inquirer reported that the Philippine government, while addressing questions
about the presentation without actually
confirming its existence, admitted that
the NUJP and the PCIJ were indeed covered by military surveillance operations,
SEAPA reported.
By the end of January
2006, when this report
was written, the first two
murders of 2006 had
already taken place
At the end of June, PCIJ’s Web site
was breached by hackers. PCIJ’s executive
director said she believed that the attack
was connected to the fact that the Web
site carried audiotapes and transcripts of
an alleged phone conversation between
President Gloria Macapagal Arroyo and
an election official during the vote count
for the 2004 presidential election. Arroyo
later admitted having such a conversation, which would confirm allegations of
electoral fraud. She later apologized for
this.
In mid-June, few weeks after the PCIJ
published Arroyo’s wiretapped conversation, the National Telecommunications
Commission (NTC) threatened to revoke
broadcast media licences of organisations
that continue to air the alleged conversation. Justice Secretary Raul Gonzales has
also threatened to arrest journalists, without a warrant, who continue to broadcast
or distribute the recordings, NUJP reported.
While the government is using every
method to limit investigative journalism,
the killing of journalists who carry out
investigations is the most disturbing aspect of journalism in the Philippines, and
shows that corrupt politicians and organised crime have no scruples in attacking
the press.
152
Two Filipino journalists, who have armed
themselves for protection, share information
before shooting practice on 26 May
at a suburban Manila military camp.
(AP Photo/Pat Roque)
According to IPI’s data, nine journalists were killed in 2005 in the Philippines, a country that for years has been ranked as one of the worst countries for journalists’ murders, aside from countries at
war.
On 28 February, Arnulfo Villanueva,
a columnist for the Asian Star Express
Balita, was shot dead in the town of Naic,
Cavite province. He was found by a local
village official at the side of a national
road at Barangay Timalan. Villanueva
had recently criticised some local officials
over illegal gambling in Cavite.
Justice Secretary Raul
Gonzales has also threatened to arrest journalists,
without a warrant, who
continue to broadcast or
distribute the recordings
At least four other journalists survived
assassination attempts in the same period. On 8 February, Pablo Hernandez,
journalist for the tabloid Bulgar, was
stabbed inside a billiard hall by an individual, who said he had been hired by
local high-ranking police officers to kill
him. Veteran columnist Hernandez,
known for his hard-hitting critiques of
corrupt government officials, the military
2005
Filipino journalists display pictures of their killed colleague as they join in the
celebration of World Press Freedom Day Tuesday, May 3, 2005 in suburban
Quezon City, east of Manila.
and the police, had been receiving death
threats.
In a separate incident reported by the
Center for Media Freedom and Responsibility (CMFR), at the beginning of February, radio journalist Jess Abarondo was
stabbed in the neck with a screwdriver
while arguing with a group of vendors of
pirated video compact discs (VCDs) just
outside Manila. Abarondo was carrying
out an investigative report for his radio
programme on the illegal reproduction of
VCDs.
At the end of January, Maximo Quindao, editor and publisher of the Mindanao Trucknews weekly in Tagum, near the
southern city of Davao, was shot by two
men on a motorcycle just outside his office. While the cause of the attack is not
clear, Quindao’s wife Teresita said it might
have been politically motivated, as her
husband had often criticised many politicians in the southern province of Davao
del Norte. Hernandez, Abarondo and
Quindao all survived the attacks.
At the beginning of March, the CMFR
reported that “a number of local media
practitioners have expressed fear for their
lives after receiving death threats. According to a report by The Philippine Star
newspaper, the threats are apparently in
connection with the journalists’ exposés
of illegal drug activities in some provinces
of Cagayan Valley, northern Philippines.”
Two journalists were killed in March
in two separate incidents. Romeo Sanchez, a leader of the leftist militant group
Bagong Alyansang Makabayan (which
means New Patriotic Alliance, also named Bayan) and a broadcaster at DZNL
radio station in San Fernando City, La
Union, was shot dead on 9 March by an
unidentified gunman at a market in Baguio City, 350 km north of Manila. Sanchez was one among a long list of members of the militant Bayan group killed or
abducted in the previous months.
At least 4 other journalists
survived assassination attempts in the same period
On 24 March, Marlene Garcia Esperat, a columnist for the weekly Midland
Review on the southern island of Mindanao, was killed by two gunmen who
burst into her home and shot her in front
of her family. Garcia Esperat, who was
known for her reporting on corruption,
was under police protection as a result of
recent death threats. According to local
news reports, on the day she was killed,
she had let her two guards leave early for
the Easter holidays.
The Philippine Center for Investigative Journalism (PCIJ) reported that Garcia Esperat was a former chemist at the
Department of Agriculture and became
2005
one of its most potent critics when she
accused the department of being one of
the country’s most corrupt government
agencies.
At the end of November, the Philippine Supreme Court ordered the transfer of
the murder trial of Garcia Esperat from
the southern island of Mindanao to the
central city of Cebu. The decision was
made because of undue influence wielded
on the court proceedings by a local official Mindanao Department of Agriculture, who is one of the accused masterminds in the journalist’s murder, according to CPJ reports.
In addition, on Mindanao Island,
there were attempts to murder radio
broadcaster Alberto Martinez, who was
shot in the back on 10 April, and Danilo
Aguirre, as well as the murders of radio
journalists Klein Cantoneros and Rolando Morales.
On 3 July, Morales was shot 15 times
by gunmen while heading home from
work after hosting his radio programme,
“Voice of the Barangay”, on Radio Mindanao Network’s dxMD station. Morales,
who also served on a local anti-crime task
force, frequently exposed drug trafficking
and other illegal activities on his programme.
Uy, known as a critic of the
army, had received threats
before he was killed
Cantoneros, a radio broadcaster for
DXAA-FM, died on 4 May after being
shot at least seven times by gunmen on
motorcycles. Cantoneros frequently criticised local officials for alleged corruption
and illegal gambling on his talk radio
programme. He had received several
death threats.
Only a few days later, on 10 May, Philip Agustin, publisher and editor of the
weekly newspaper Starline Times Recorder, was gunned down in the village of
Paltic, north of Manila. He was visiting
his daughter’s house when he was shot
through an open window, police said.
In an interview with CMFR, town
councillor Valentino Lapuz said the murder took place after Agustin reprinted a
special edition of his newspaper that carried an article alleging that the municipal
government was missing funds and showing the local mayor, Jaime Ylarde, in a
bad light. The special edition was expected be distributed on 11 May. Ylarde has
denied any involvement in the murder.
Newspaper reporter Danilo Aguirre
was shot and seriously wounded on 4
October in General Santos City on the
island of Mindanao but escaped death
because his attacker’s gun jammed.
Despite the approximately US$92,000
Press Freedom Fund launched this year
by Philippines’ President Gloria Arroyo
to help stop violence against the media,
journalists continued to be attacked and
killed throughout the year and the perpetrators of these killings continued to remain unpunished.
Reuters news agency reported that the
fund would be supporting a “quick reaction team” that will respond to attacks on
journalists, bolster a witness protection
programme and encourage people to
come forward with information leading
to the arrest and prosecution of suspects.
Three more journalists were killed in
the Philippines towards the end of the
year. On 18 November, Ricardo “Ding”
Uy, a radio announcer for DZRS-AM,
was gunned down outside his home by
an assailant on a motorbike in Sorsogon
City. Uy was also president of the Media
Reporters Association and provincial coordinator of Bayan Muna (People First),
a leftist political party created in 1999 by
representatives from major people’s organizations such as the Bagong Alyansang
Makabayan (Bayan) and others. Uy,
known as a critic of the army, had received threats before he was killed.
Two days later, on 20 November, Roberto Ramos, a reporter for the weekly
tabloid, Katapat, was shot and killed in
Cabuyao town, south of Manila. After
arresting two suspects in Ramos’ killing,
police declared that the journalist was
targeted because he was believed to have
informed on vendors of pirated films.
The two suspects are two brothers who
ran a shop that sold pirated DVDs and
CDs in Cabuyao. The suspects confessed
to the shooting saying they believed Ramos had tipped off authorities, which
had raided their shop confiscating many
of their pirated products on 17 November.
On 1 December, George Benaojan,
who worked both for radio DYDD Bantay Radyo and for the written press, was
shot while talking to a colleague at the
market of Talisay, in Cebu. Police said
153
French national Vincent Brossel right,
head of the Asia-Pacific Desk of the
Reporters Without Borders gestures
as he answers media query during
a press conference on 13 April in
Manila.
Benaojan’s death might be linked to corruption allegations of local officials that
Benaojan made on his programme and in
his column in the local newspaper Bantay Balita. Benaojan had recently received
death threats, colleagues said. In August
2004, Benaojan escaped an attempt by
unknown gunmen to kill him.
The positive news this year was the life
sentence handed down on a former police office for the murder of journalist Edgar Damalerio in 2003. CPJ noted that
the verdict marked the first time since
2000 that an individual was convicted for
the murder of a journalist in the Philippines. Over twenty other cases of journalG
ists murdered remain unsolved.
154
2005
Singapore
T
he censoring of Martyn See’s documentary film “Singapore Rebel,”
dealing with Singapore’s opposition leader, Chee Soon Juan, raised major local
and international criticism of the citystate’s restrictive policies. In March this
year, the Board of Film Censors required
See to pull his film from the annual
Singapore Film Festival. If he failed to do
so, See faced jail time as well as a fine of
approximately US$60,000, according to
local news reports. At the same time, the
Board also warned the Festival’s organisers not to show the film.
In the following months, See’s work
became the object of a police investigation; See and his acquaintances were called in by police for questioning; and his
video camera and six tapes of the documentary film were sequestered.
The Films Act, used
by the Board of Film
Censors to ban “Singapore
Rebel,” forbids the production and distribution
of political films
Chee Soon Juan himself, who is the
secretary general of the Singapore Democratic Party, has been sued by Singapore’s
government for speeches that he made
during the 2001 parliamentary elections’
campaign. Accused of defaming Singapore’s founder, Lee Kuan Yew, and former
leader Goh Chok Tong, Chee has been
fined approximately US$300,000 and is
facing bankruptcy for being unable to
pay the fine. Defamation laws are often
used by Singapore’s authorities to silence
criticism.
The Films Act, used by the Board of
Film Censors to ban “Singapore Rebel,”
forbids the production and distribution
of political films “made by any person
and directed towards any political end in
Singapore.”
In a move to test the fairness of Singapore’s law enforcement system, in September this year, activist Yap Keng Ho
filed a complaint against the national
broadcaster MediaCorp for violating the
Film Act. Yap pointed out that in 2002
and 2005 MediaCorp showed programmes about Lee Kuan Yew and his son,
Prime Minister Lee Hsien Loong, which
were of a political nature and therefore
violated the Films Act.
Strong criticism towards Singapore’s
disregard for basic liberties was also expressed by the Singapore-based US American ambassador Franklin L. Lavin. At
his farewell dinner on 11 October, outgoing Ambassador Lavin questioned the
need to restrict freedom of expression.
The ambassador warned that the government “will pay an increasing price for not
allowing full participation of its citizens.”
A few days earlier, Singapore Prime
Minister Lee Hsien Loong said that Western-style multi-party liberal democracy
was unsuitable for Singapore.
In addition, Singapore’s leaders question the universality of press freedom,
saying that it is not fitting for a city-state.
At the beginning of November, former
Prime Minister Goh Chok Tong said the
country should not subscribe to the Western model of a free press that favours
criticism and opposition. Instead, Singapore should develop a non-adversarial
press that reports accurately and objectively.
“I do not favour a subservient press.
An unthinking press is not good for Singapore,” Goh said. “But press freedom
must be practised with a larger sense of
responsibility and the ability to understand what is in, or not in, our national
interests.”
The ambassador warned
that the government “will
pay an increasing price
for not allowing full participation of its citizens”
Not only the press, but also the Internet is strictly controlled by Singapore’s
authorities. In May, Jiahao Chen was
forced to shut down his blog because it
carried statements that criticised the Singaporean governmental agency A*Star.
Jiahao, who received a scholarship to study in the US through the agency, posted
comments on his Web log criticising the
agency’s scholarship system. Threatened
with defamation by the agency, Jiahao
shut down his blog and posted an apology for his statements.
Even artistic expression is curtailed in
Singapore. A recent example of this was
the ban on the theatre play “Human
Lefts” unless it removed certain scenes.
The play that deals with the execution of
a drug courier was scheduled to be staged
on 3 December, the day after the execution of Australian national Nguyen Tuong Van for drug smuggling. Local coverage of Tuong Van’s trial, conviction and
sentence has been almost non-existent in
the government-owned media, according
to reports by SEAPA.
But press freedom must
be practised with a larger
sense of responsibility and
the ability to understand
what is in, or not in, our
national interests
Sensitive to the issue, Singapore’s Media Development Authority (MDA) forbade the staging of the play until all references to the death penalty were remoG
ved from the plot.
2005
155
South Korea
T
he conflict between the South Korean government and the media has
intensified in the past year, but not in a
healthy way. This conflict stems from
President Roh Moo-hyun’s belief that the
South Korean press has become stronger
than the government in leading public
opinion and setting the social agenda. It
also reflects a growing belief among government officials that there needs to be a
check on newspapers to prevent them
from abusing their power and to force
journalists to exercise proper ethics and
restraint, as described by a Korea Herald’s
editorial.
Towards this end, in 2005, the government used its authority to create legislation and use it as a weapon in its fight
against the three big conservative dailies:
the Chosun Ilbo, the Dong-a Ilbo and the
Joong Ang Ilbo.
At the beginning of January, the governing Uri Party pushed through the National Assembly two press reform bills:
the “Act Governing the Guarantee of
Freedom and Functions of Newspapers”
(“Newspaper Law or Press Law”) and the
“Newspaper and Press Arbitration Law”
(“Press Arbitration Law”). Both bills have
been criticised and deemed unconstitutional by the opposition Grand National
Party, the country’s largest media groups
as well as international organisations,
including IPI.
It also reflects a growing
belief among government
officials that there needs
to be a check on newspapers to prevent them from
abusing their power
At a 27 June public hearing for revision of the laws, attorney Lee Jae-gyo
said, “The press law is effectively aimed
at offering carrots to pro-government
media outlets, such as broadcasting companies and [the on-line newspaper] Oh
My News, while imposing sticks on others, including Dong-A Ilbo, Chosun Ilbo,
and Joong Ang llbo.”
On 11 January, IPI sent an open letter
to South Korean President Roh Moohyun, calling on him to refuse to sign into law the two media bills. IPI said, if
passed, the laws would “have an extremely negative impact upon South Korea’s
reputation as a democratic nation.”
Despite this international outcry, the
laws were passed by the National Assembly on 1 January and went into effect on
28 July.
The Newspaper Law contains a number of troubling clauses including an
amendment to the limits on market
share, which allows the Fair Trade Commission to impose restrictions if a newspaper has a 30 percent or more market
share, or if three major newspapers have a
combined share of more than 60 percent.
While it might be appropriate to raise concerns
regarding broadcasters and
their market share, as well
as the problems regarding
cross-ownership, the attempt to cap a newspaper’s
market share is both unusual and unorthodox
Taking into account the fact that the
three dailies Chosun Ilbo, Dong-A Ilbo
and Joong Ang Ilbo together have a 70 per
cent share of the newspaper market and
the Chosun Ilbo alone has more than 30
per cent, this clause appears to be targeted at the three conservative dailies.
On 9 June, the Chosun Ilbo filed a petition against the two bills at the Constitutional Court, stating that the laws
violate 48 articles and clauses of the Constitution. Among them are the antitrust
regulations contained in the Newspaper
Law that applies tighter restrictions than
those stipulated in the existing Fair Trade
Law, which put a 50-percent ceiling on
the shares that can be owned by a single
company, and a cap of 75 percent for
three companies. As a result, the new restrictions constitute an infringement of
basic commercial rights, such as equality
and trade guaranteed by the Constitution.
“While it might be appropriate to
raise concerns regarding broadcasters and
their market share, as well as the problems regarding cross-ownership, the attempt to cap a newspaper’s market share
is both unusual and unorthodox,” IPI
said in its letter to President Roh. “These
legal provisions restrict readers’ rights to
freely subscribe to the main South Korean dailies and appear to be an attempt at
suppressing those media organisations
critical of the incumbent government.”
Another worrying feature is the creation under the Newspaper Law of a
newspaper distribution agency, allegedly
established in order to support financially weaker newspapers and guarantee the
people’s right to choose from a wide variety of media. However, IPI has expressed
concern that the agency is not held at
arm’s length from the government, and it
is therefore likely to be used to assist press
supportive of the government.
Even before the law went into effect,
at the end of June, six national dailies,
Hankyoreh, Kyunghyang, Kookmin, Munhwa, Seoul and Segye, sent a draft request
for the release of approximately US$160
million in public funds until 2008 for the
creation and operation of a nationwide
network for the joint distribution of
newspapers, as provided by the press law.
“The proposed company would have
810 delivery centres across the country
that would deposit the combined figure
of 1.9 million copies of dailies on the nation’s doorsteps, and it would not cost
them… since the taxpayer and other
sources of public money would shoulder
the entire cost of the operation,” the Chosun Ilbo commented.
The newspapers’ draft request also said
that, once the 810 joint delivery centres
and 1,029 branches of the delivery network have been established, “they may be
used as a public-interest information network of the government and local autonomous bodies.”
In this way, allegedly independent
newspapers would receive funds from the
government to form an “information network of the government.” Such a structure seriously compromises the newspapers’ independence and their ability to
freely report and fulfil their role as watchdogs of the government.
The Press Arbitration Law also includes provisions that are contrary to both
the South Korean Constitution and international standards on press freedom.
Among them is the creation of a Press
Arbitration Commission (PAC) that has
the power, at its own discretion, to examine infringements of both the interests of
the state and an individual’s legal interests, and to accept third-party applications in the absence of a direct petition
from a victim.
“The provision that third parties, who
156
2005
Sri Lanka
are not directly concerned with the complaint, can be involved is undemocratic
in nature,” IPI said in its letter to the
South Korean President. Furthermore, it
is left up to the commission to define and
examine “state interests,” with the danger
that it becomes a “press inspection agency” with the state-granted power for determining the nature of “state interests.”
The government lost no time in using
the laws against the media. On the same
day that the two bills went into effect, the
presidential press secretary, Cho Ki-suk,
appealed for a correction under the Press
Arbitration Law of an article run by the
Chosun Ilbo on 5 July. The article in question was a commentary piece about statements made by President Roh and the
explanation of them offered by the presidential press secretary.
In this way, allegedly
independent newspapers
would receive funds from
the government
In a separate development, at the beginning of September, the South Korean
government released a 12-point guideline
for government officials to observe when
dealing with media, accusing the media
of “repeatedly distorting facts and maliciously slandering policies.”
A representative of the Ministry of
Justice’s office described these guidelines
as an “effort to counteract the false reporting, exaggeration, and distortion of the
press,” The Korea Herald reported. Moreover, this view should also be seen in connection with a report published by the
Ministry of Justice titled, “Legal Countermeasures against False Media Reports
in Order to Raise Trust in Government
Policies.” In this context, it appears to be
a further attempt by the government to
censor the media.
According to a GNP representative,
the Ministry of Justice’s report contains
measures to support government officials
in lawsuits against false media reports. It
also states that a “government law firm”
to be established in April 2006 will support the government officials in litigation
procedures against the media. Furthermore, the report contains compensation
plans for the financial and psychological
damage inflicted on government officials
G
caused by libellous media reports.
Death Watch
Country (2)
By Maureen Patricia MacNeill
A
combination of events in Sri Lanka
heightened violence against journalists and threatened freedom of speech in
the last year, leading to many assaults,
violations of ethics and murder. In spite
of these hateful events, a bright spot has
been the signing of a landmark document
by five of Sri Lanka’s leading journalist
associations; the signing represents a historical push for media reform.
More than 100 representatives from
Sri Lankan Journalists Associations met
in September and signed a document on
3 November that is essentially a charter
for the upholding of social and professional rights of a democratic and pluralist
media in the country.
The document, The Media Charter
for a Democratic and Pluralist Media
Culture and Social and Professional
Rights for Media and Journalism in Sri
Lanka (“The Charter”), sets out a twoyear action plan to fight for major structural changes within the media. It supports the fundamental principals of journalism, including the rights and duties of
those in the profession. It includes a commitment to editorial independence, professional media, ethical conduct, and
public service values. It also aims to protect journalists’ labour rights, and improve access to professional training.
It asks for the drawing up of codes of
ethical conduct, safeguards for editorial
independence, systems of self-regulation
for journalists, and calls for the introduction of freedom of information. It asks
political parties and the government to
respect the role of the media as a support
for democracy through independent and
critical reporting. It states critical reform
is needed to remove direct political control over the media, and supports the setting up of a state-owned media, with
appropriate funding and administration.
The Charter, which is supported by
IFJ, is being backed by 29 regional journalist associations, with more expected to
join. The five associations who are primarily involved in the landmark document
are: the Federation of Media Employees,
the Sri Lanka Working Journalists Asso-
ciation, the Sri Lanka Tamil media Alliance, the Sri Lanka Muslim Media Forum and the Free Media Movement. The
Charter was facilitated by the Centre for
Policy Alternatives under the programme, Voices of Reconciliation.
A bitter feud between the LTTE (Liberation Tigers of Tamil Eelam) and a
break-away group last spring has led to a
rise in violence in Sri Lanka, with both
sides targeting the other’s alleged supporters, including journalists. Political
and ethnic factions began a series of revenge killings across the country last year
when a Tamil rebel leader known as Karuna split from the LTTE.
December was the bloodiest month in
the country since a February 2002 ceasefire agreement was signed between Tamil
rebels and the government to halt two
decades of civil war, reported the Canadian Broadcasting Centre (CBC). In this
month, more than 50 soldiers were killed
and 71 wounded in various attacks.
December was the
bloodiest month in the
country since a February
2002 ceasefire agreement
was signed between Tamil
rebels and the government
Peace talks between rebels and the government remain stalled, and meanwhile
millions of dollars in tsunami aid is frozen while the Tamils and the government
search for an agreement on distribution
rights.
Bloody conflict between two rival Tamil groups is believed to have led to the
murder of two journalists in the last year,
and has increased the atmosphere of fear
as journalists and journalism outlets become increasingly entangled in the battle.
Human Rights Watch notes that political
killings in Sri Lanka have escalated since
April to a reported rate of one a day.
Journalist Relangi Selvarajah and her
husband became part of those statistics
when unidentified attackers in Columbo
gunned them down on 12 August. Selvarajah was a well-known journalist who
had been a radio and television host for
20 years. She was a part-time television
presenter for the Sri Lanka Rupavahini
Corporation (SLRC) when she was killed. Previously, she worked as a journalist
2005
for the state-run Sri Lanka Broadcasting
Corporation (SLBC), where she produced a radio programme titled, “Uthaya
Darisanam” that often criticised the
LTTE, says RSF.
She and her husband were closely associated with PLOTE (Peoples Liberation Organization of Tamil Eelam) a formerly militant and now mainstream
group, according to the FMM (Free Media Movement). Sri Lanka’s Foreign Minister, Lakshman Kadirgamar, was assassinated in his home in Colombo on the
same day, inducing the government to
call a state of emergency. The minister
was an outspoken opponent of the LTTE
and its mission to create a separate Tamil
state.
Selvarajah and her husband’s connection to PLOTE also raised the possibility
that their killing may have been part of a
larger cycle of violence, and could be
connected to the April murder of wellknown pro-LTTE Tamil journalist Dharamaratnam Sivaram, local sources told
CPJ. Sivaram was a former member of
PLOTE who defected to the LTTE.
Sivaram’s body was found riddled with
bullets and dumped in a paddy field in
Columbo on 29 April. He had been abducted after leaving a restaurant on 28
April, according to FMM. Sivaram wrote
sympathetic articles about the LTTE; he
was also an experienced reporter and columnist for the Daily Mirror. He had
founded a news web site called TamilNet.
Sivaram had experienced police harassment in the past, having had his house
searched twice last year.
Sivaram’s body was found
riddled with bullets and
dumped in a paddy field in
Columbo on 29 April
The CPJ has expressed concern about
increasing attacks on ethnic Tamil journalists in a spike of violence that endangers the cease-fire between LTTE rebels
and the government and may impede
freedom of expression and information.
On 19 December, security forces assaulted three Tamil journalists reporting
on a peaceful student demonstration
against army harassment in the war-ravaged northern area of Jaffna, according to
FMM. Thinakkural reporter T. Sabeswa-
ran, Thinakaran reporter Wintson Jeyan
and Namathu Eelanaadu reporter G. Jerad were beaten and their cameras were
damaged. Members of the Sri Lanka
Army charged and opened fire, wounding several protestors and university
teachers. The situation confirms FMM
fears that people’s rights to free expression, information and association are
under attack as violence gains momentum in the northern province.
In the same week, soldiers searched
the office of Namathu Eelanaadu, a Tamil
daily in Jaffna. It is one of four dailies in
Jaffna, all of which take an editorial stand
supporting Tamil nationalism. Military
personnel questioned workers and checked national identity cards. No reason was
given for searching the office – the soldiers stated only that their actions were
part of security measures in the Tamilmajority area, according to the Indo-Asian News Service.
It is crucial during times
of violent unrest that
authorities ensure that all
journalists can report safely
and without fear of harassment or attack
In the same week, police detained,
questioned, fingerprinted and videotaped
P. Parthipan, senior reporter for Thinakkural, and two of the newspaper’s computer technicians as they were returning
home from work in the capital, Colombo, according to local media advocacy
groups. The detention was part of a broad
police search in Colombo for suspected
Tamil Tigers.
“It is crucial during times of violent
unrest that authorities ensure that all
journalists can report safely and without
fear of harassment or attack,” CPJ Executive Director Ann Cooper said. “We call
on the Sri Lankan government to take
measures to safeguard Tamil journalists.”
Attacks on journalists and media outlets are also believed to have escalated
ahead of 17 November parliamentary elections, according to FMM, which launched a website with the help of UNESCO (www.freemediasrilanka.org) to monitor attacks on press freedom and freedom of expression in the country, and
help journalists perform their duties in a
157
dangerous environment.
The printing presses of the Colombobased Sunday Leader, Midweek Leader and
Irudina newspapers were attacked by a
group armed with clubs and knives on 16
October. The aggressors threatened to
harm the manager if he continued printing; they then set bundles of newspapers
on fire.
The Sunday Leader has a history of being critical towards government and has
come under attack in the past. Its editor,
Lasantha Wickramatunga, has been repeatedly threatened and harassed in the
past, and requested police protection in
May after a government official publicly
called him a “terrorist,” according to CPJ.
The newspaper had recently published
stories investigating allegations the prime
minister had misappropriated tsunami
relief funds.
Other local journalists have told CPJ
that they fear being targeted in retaliation
for Sivaram’s killing because they have
written critically about the LTTE or are
perceived as sympathetic to the government.
“We are alarmed by the rising threats
against our colleagues, and call on authorities to find those responsible for these
crimes. All sides of this conflict must respect the rights of journalists and help
safeguard the free flow of information in
Sri Lanka,” CPJ Executive Director Ann
Cooper said.
In another frightening incident, a parked van exploded outside of Tamil-language newspaper Thinamurasu. The
newspaper is associated with the moderate Eelam People’s Democratic Party,
which opposes the LTTE rebels. The attack took place 15 minutes after a distributor for the newspaper was shot and
killed while distributing the newspaper.
Journalists and outlets for Sudaroli, a
Tamil-language paper, have also been the
targets of a series of violent acts. The
newspaper, a daily in Jaffna for almost
two decades, plays an important role in
Colombo’s media landscape by providing
the Tamil nationalist perspective on
events related to Sri Lanka’s peace process.
On 30 August, two parliamentary reporters – V. Puththirasigamani and Arumugam Varatharajah – were assaulted on
their way home from work, reported
FMM. On the previous day, two unidentified attackers threw grenades at the
158
building housing the paper’s printing
press in Colombo, killing a security guard and injuring two media personnel.
Two days before the incident at the
printing press, a grenade was thrown at
Sudaroli’s advertising office in Colombo.
The newspaper had been accused shortly
before of having ties to the LTTE by a
top leader of the People’s Liberation
Front (JVP), said CPJ. Before the grenade attack, Sudaroli editor Vidyadaran
claims to have received threatening phone
calls.
Another Sudaroli employee, photojournalist Yadarshan Selvarajah, was assaulted and handed to police when covering a political rally in Colombo on 23
August.
In recent months, some Sinhala nationalist groups have accused Sudaroli newspaper of being pro-LTTE. On 18 August,
in a hateful speech, the propaganda secretary of the Peoples Liberation Front
(JVP) accused Sudaroli of having close
ties to “Tiger terrorists.” He also mentioned several other media institutions,
calling them terrorists and lackeys of foreign imperialists.
It stated that all traitors
should be ready to
become “fertiliser of the
motherland” if they continue to betray it
Other menacing behaviour towards
journalists in 2005 included death threats
in May against media-watchdog, FMM
convener and chief editor of Ravaya
newspaper Victor Ivan, and Sunanda
Deshapriya, who is the FMM spokesperson and a former editor of Yukthiya newspaper.
An extremist group calling itself “Theraputtabhaya force” took responsibility
for the threats in a letter signed by Commander Mayadunne. The letter also took
the blame for the murder of journalist
Sivaram Dharmeratnam, who wrote sympathetically about the LTTE. It stated
that all traitors should be ready to become “fertiliser of the motherland” if
they continue to betray it.
The FMM is concerned that such
threats promote self-censorship among
journalists and try to silence voices critical of undemocratic actions, adding that
such threats create a psychosis of fear in
the target groups.
No casualties were reported when a
Tamil-run TV station in Vavuniya was
attacked early in the morning of 2 June.
A bomb landed in a section of a re-broadcast TV transmission station, destroying
transmitting equipment and about 15
computer terminals. Vavuniya is a government-held town on the edge of
LTTE-dominated territory.
A vicious attack on two journalists
from Sirasa TV on 6 September followed
several months of verbal threats to the
media organisation by government officials. Sudath Veherawatta and Kasun Sapumal Bandara were verbally and physically abused outside the Sri Lanka Freedom Party’s 54th anniversary rally in Columbo. The party’s supporters who initiated the attacks appeared to be under the
influence of alcohol, having earlier arrived at the scene in buses.
In another incident in the northern
city of Jaffna, journalist Vincent Jeyan, of
the Lake House Group’s Thinakaran
newspaper, was assaulted and injured by
state security forces while covering a mass
protest against the government of Sri
Lanka. The attack occurred even after the
journalist had identified himself as a
journalist. He was treated and discharged
from hospital on the same day. Ratnam
Dayaparam, of Thinakkural, had his motorcycle damaged in the incident.
Exiled Tamil journalists are also receiving death threats from rival sides of
the Tamil community. Oslo-based Tamil
journalist Sethurupan Nadarajah claims
he has been the target of death threats on
several Web sites. V. Ramraj, programme
director of the London-based Tamil
Broadcasting Corporation, said that he
has also received threats.
Despite IPI’s removal of Sri Lanka
from its Watch List on 13 September
2003 (it was put on the list on 29 October 2000) the country is not fulfilling
its international obligations to provide its
citizens with a free press. If anything, the
ability of journalists to perform their job
without intimidation or interference
seems to have taken a step backwards.
The IPI created the Watch List in an
attempt to force countries to make necessary changes to create a free media, and
where there is a distinct need to publicise
the plight of the media. The IPI visited
Sri Lanka in February 2003 and after
2005
speaking to the prime minister and others felt there had been enough of an improvement in the media environment to
warrant the country’s removal from the
list.
The subsequent muzzling of the press
by President Chandrika Kumaratunga in
2003 has been clearly evident in the past
year. In November 2003, in what was
defined as a coup d’état, Kumaratunga
suspended parliament, calling for early
general elections, and disposed of the key
ministries of media, defence and the interior, justifying the move on the basis of
national security. The president quickly
removed heads of state-controlled broadcasters and replaced them with her own
supporters.
Not long after this action, there was
an obvious shift in the state-media’s news
content. It suddenly favoured the president’s party (UPFA) and became unfavourable to the opposition UNP party.
This bias has continued ever since, and
could clearly be seen in the run-up to the
April 2004 election, when journalists
were used as the instruments of political
propaganda for the UPFA, according to
FMM.
Another clear sign of the government’s
control over state-owned media is the
temporary removal of Laskman Gunasekara, editor-in-chief of the state-owned
Sunday Observer two weeks before elections due to criticism of the government
in his editorials.
The president has frequently threatened journalists who have questioned her
government’s decisions, creating an environment in which journalists have become afraid to question government decisions.
Kumaratunga continued to violate international press standards when she made intimidating remarks to senior correspondent for the Sunday Times, Iqbal
Athas on 26 July. She accused Athas in a
closed meeting of publishing sensitive information harmful to Sri Lanka’s national security, and threatened to use the
Official Secrets Act against Athas. The
president’s remark followed several articles written by Athas focusing on government plans to buy a British logistics landing craft, which Athas called in a 10 July
column a waste of money. A conviction
of gathering secret information can lead
to a sentence of 14 years in prison.
Though no journalist has been charged
2005
159
Journalists march during a protest
against the killing of prominent
Tamil journalist Dharmeratnam
Sivaram in Colombo, Sri Lanka, 3 May.
(AP Photo/Gemunu Amarasinghe)
under the act, CPJ says the comments
could have a chilling effect on reporting.
Another government member, Mervin
Silva, also abused his power on 25 July,
when he verbally assaulted and threatened the owner of two leading television
companies (Sirasa TV and Swarnawahini) with expulsion from the country. The
offence occurred after journalists gathered to report on a court case involving
Silva’s son.
The government’s slow reaction to
those responsible for threats, killings, and
bombings and its inability to apprehend
any culprits has made things much worse
for journalists and journalism in Sri Lanka, according to FMM.
Sri Lankan authorities have a bad record for bringing killers of journalists to
justice, says RSF, “The government,
headed by Chandrika Kumaratunga, has
protected killers of journalists, particularly Tamil militia of the Eelam People’s
Democratic Party, elements in the presidential guard and members of Col.
Karuna’s Tamil militia.”
FMM also criticised the government
for unnecessarily passing a state of emergency on 14 January, one month after the
tsunami disaster. When there is a state of
emergency, the executive powers override
any other law, crushing the fundamental
rights of people, in particular the rights
of freedom of speech and expression,
including publication, as well as the
rights to peaceful assembly and freedom
of association.
Other violators of free speech include
Patriotic National Movement (PNM)
chairperson Wimal Weerawansa, who on
6 April incited violence with the inclusion of hate speech against certain journalists and media institutions in an
address, said FMM.
He very dangerously connected allegations to named journalists and news institutions, equal to a call for lynching.
The High Commission of the Public
of Sri Lanka handed a Canadian journalist an unacceptable list of conditions
when he applied for a visa to be able to
produce a documentary on post-tsunami
rebuilding and recovery in Sri Lanka.
Steve Schmit of Global TV Canada was
told he would only be granted a visa if he
followed the conditions, which included
submitting all footage for preview and
clearance before leaving the country, as
well as submitting the finished version to
the Sri Lankan Embassy in Canada before its release.
FMM stated the conditions violate
Article 19 of the Universal Declaration of
Human Rights, which guarantees freedom of expression and the right to freely
access public information, and adversely
affect the transparency and accountability of post-tsunami reconstruction and rehabilitation. FMM adds such conditions
did not even exist during most of the
period of armed conflict in Sri Lanka.
Free speech is also coming under attack in the film industry, where pressure
on prominent filmmakers such as Asoka
Handagama, Prasanna Vithanage, Sudath
Mahaadivulwewa and Vimukthi Jayasundara – who have all won international
awards for their films on the on-going Sri
Lankan war – is escalating.
An English daily stated on 14 September that films on controversial topics are
being labelled “new terrorism” and “foreign-funded cinema” in statements attributed to a military spokesperson. In addition, articles are appearing in mainstream newspapers reproaching anti-war
films as propaganda for the separatist
Tamil Tigers and authored by military
G
and political leaders.
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2005
Taiwan
I
t is ironic that the once-dominant
China Nationalist Party, or Kuomintang (KMT), that imposed four decades
of martial law, totalitarian rule and news
censorship, has, as Taiwan’s largest opposition party, campaigned for press freedom and repeatedly accused Taiwan’s
government of suppressing it.
In November, the KMT organised a
ten-day campaign aimed at mobilizing
people around the island to defend press
freedom. According to news reports,
KMT lawmakers launched a nationwide
action to collect signatures of people who
were “angry” with the ruling Democratic
Progressive Party (DPP) administration’s
“suppression of press freedom.”
The action followed threats by the
Government Information Office (GIO)
to shut down the cable news network
TVBS. The GIO accused TVBS of violating media ownership laws because
Hong Kong investors own the majority
of its shares. TVBS declared its innocence, claiming that its largest stockholder is a local company named Countless
Entertainment (Taiwan) Co. Ltd, which
controls a 53 per cent stake.
KMT lawmakers launched
a nationwide action to
collect signatures of people
who were “angry” with
the ruling Democratic
Progressive Party
It is widely believed that the GIO’s action was a consequence of the network’s
exposure of scandals involving corrupt
government officials. TVBS angered the
government and the ruling DPP by revealing evidence of former deputy chief
of staff to Taiwan’s President, Chen Chenan’s involvement in the corruption scandal related to the construction of the
Kaohsiung subway system.
After strong local and international
protests, Taiwan’s government eventually
decided to retract its threat to shut down
TVBS. Meeting on 23 November with
representatives of the Association of European Journalists (AEJ), who expressed
concern about recent media developments in Taiwan, President Chen said
that it is the government’s responsibility
to provide a free environment in which
journalists can work without outside
pressure. He reassured the organisation
that the government would continue to
work to protect freedom of the press.
In August, the GIO came under
strong criticism for infringing on press
freedom after it refused to renew the operating licences of cable news station
ETTV-S and six entertainment channels.
The Department of Broadcasting Affairs said the licences were revoked because the channels had violated new
broadcasting regulations and the government had to “clean up” the industry.
Other news channels were put on probation and required to come up with selfdiscipline guidelines in three months or
risk having their licences revoked as well.
According to Reuters News reports,
the government said that the decision
was part of efforts to crack down on what
it called irresponsible journalism; however, some media executives suspected the
move was politically motivated to target
companies that were critical of government policy.
Following these events and under
strong international pressure, the government announced its intention to transfer
the authority of monitoring the media
from his Cabinet’s Government Information Office (GIO) to the National Communications Commission (NCC), an independent media watchdog agency.
While both the ruling and opposition
parties were in favour of establishing the
NCC, they disagreed on the nomination
of the commission’s members.
Eventually, Taiwan’s opposition-dominated parliament approved the NCC bill
on 25 October, a move President Chen
Shui-bian’s administration criticised as
being tainted by politics.
The bill states that the commission
should be made up of members named
by various political parties in proportion
to their legislative seats. In this way, it
ensured that opposition parties can use
their parliamentary advantage to appoint
the majority of the new commission’s 13
members, instead of allowing the government to control the nominations.
In previous statements, Premier Frank
Hsieh had insisted that the commission
should be free from political influence by
being made up of non-partisan experts
and academics.
In a separate development, on 21 November, lawmakers from the opposition
parties joined hands in introducing a bill
that would dissolve the Radio and Television Development Foundation on the
grounds that the Foundation has become
a political tool of the ruling party to control media, as reported by Taiwan News.
Defending the new bill, a Kuomintang legislator argued that the Foundation was set up in 1985 for the purposes
of upgrading TV services in preparation
for the establishment of public TV stations; it was therefore no longer necessary
now that the public TV station has been
established.
Taiwan’s government decision in April
to ban mainland China’s journalists working for the Xinhua news agency and
People’s Daily from covering news in Taiwan also raised doubts about the government’s stand toward press freedom. In
taking this decision, the Mainland Affairs
Council’s (MAC’s) said that reporters
from the two organisations were sending
biased and distorted news back to China
that had not contributed to cross-strait
understanding. Beijing responded by
blocking Taiwan Internet news web sites.
Beijing responded by
blocking Taiwan Internet
news websites
Conflicting relations between China
and Taiwan also affected the work of
journalists covering the UN after the UN
refused accreditation to Taiwanese journalists to cover the World Health Organisation’s (WHO) annual meeting held
in Geneva from 16-25 May. The UN justified its decision by pointing out that
Taiwan is not a member state recognised
by the UN General Assembly.
The UN’s refusal has been criticised
by several international human-rights
groups, which have urged the world body
not to damage press freedom. The Association of European Journalists (AEJ)
that passed a resolution urging the UN
not to discriminate against Taiwanese
journalists pointed out that “…it is not
for the UN press services to make arbitrary or political distinctions between the
media keen to cover the organization’s
G
activities.”
2005
161
Tajikistan
I
n 2005, independent media in Tajikistan suffered one setback after another.
Major opposition newspapers were shut
down, and two journalists were given
harsh prison sentences on charges many
believe to be politically motivated.
Two journalists received prison sentences in Tajikistan this year. One of
them, freelance journalist Jumaboi Tolibov was sentenced to two years in prison
on 28 July on charges of hooliganism,
illegally entering a residence and abuse of
office. Officers of the Aininsk district
Internal Affairs department in the capital, Dushanbe, arrested him on 24 April.
Tolibov worked for the legal department of Aininks district administration
(Soghdiy region), while writing articles
criticising the Aininsk district prosecutor,
Sayfidin Azamov. The three articles were
published in 2004 in the Minbari halk
and Sadoi Mardum newspapers.
Independent media
in Tajikistan suffered one
setback after another
After an appeal, on 11 October, the
Tajik Supreme Court’s commission on
criminal cases reduced Tolibov’s sentence
to one year of community service, and
ordered that 20 per cent of his monthly
income was to be withheld for an unspecified period of time.
The Prosecutor General’s Office in
Dushanbe has blocked Tolibov’s release
despite the Supreme Court ruling. On 7
December, the Supreme Court upheld
the 11 October decision ordering Tolibov’s release. The freelance journalist was
finally released on 16 December.
Mukhtar Bokizoda, chairman of the
Foundation for the Memory and Protection of Journalists and the editor of Nerui Sukhan, was sentenced on 25 August
to two years of corrective labour for stealing state property. The sentence was handed down several weeks after the paper
was shut down. The court also ordered
the journalist to pay 20 per cent of his
salary to the state budget. Reportedly,
Bokizoda was found guilty of stealing
electricity for the foundation’s printing
house, which printed Nerui Sukhan, by
hooking up wires from his office to
streetlights. The authorities claim that
Bokizoda may have used as much as
US$500 worth of electricity without pay-
ing for it. In response to the claims, Bokizoda said he has paid off approximately
US$300 of that debt.
Both sellers and buyers have noticed
the disappearance of popular dailies this
year. The Nerui Sukhan (“Force of
Words”) newspaper stopped publication
in January. The entire print run was seized by the Tax Police Department, under
the auspices of the Ministry of State Revenues and Tax Collection (MGSDS), on
26 January. Vendors were unable to obtain it for distribution on 27 January.
The offices of the privately-owned
printer Kayhon (“Cosmos”), which had
recently begun to print the newspaper,
were sealed by the officers of the tax department, who also sealed the newspaper’s editorial office. As a result, Nerui
Sukhan staff were unable to enter the
premises on the following day. The official reason for the action was that both
the newspaper and printing house were
in violation of the tax law and registration procedures, and that Kayhon did
not have the authorisation to print newspapers.
In an interview with Radio Free Europe/ Radio Liberty (RFE/RL), Nuriddin
Qarshiboev, president of the National
Association of Independent Media in Tajikistan (NANSMIT), told RFE/RL that
the closure was an attempt by officials to
eliminate alternative sources of information in the lead-up to the 27 February
parliamentary elections. In 2004, the
newspaper suffered repeated harassment.
Both sellers and buyers have
noticed the disappearance
of popular dailies this year
The paper’s problems did not end
there. On 2 June, Vahhob Latif, deputy
editor-in-chief of Nerui Sukhan was sentenced to one year of “rehabilitative
work” for libel. In consequence, 30 per
cent of his salary will go to the state treasury in one year. The case stems from an
article by Latif detailing corruption allegations about a professor at Tajik State
University.
The publishers of Nerui Sukhan produced an issue of the independent newspaper on 7 July, when the authorities unsealed the Kayhon printing house. However, the tax authorities shut down the
newspaper shortly afterwards. On 14 July,
officers of the tax police and the Ministry
of Internal Affairs confiscated all copies
of Nerui Sukhan and once again sealed
the Kayhon printing company’s offices in
Dushanbe. During a 20 July press conference, the General Prosecutor’s Office
announced that Mukhtar Bokizoda must
face defamation and insult charges.
At a news conference in Dushanbe, on
19 April, Deputy Justice Minister Azizmat Imomov said that the independent
newspapers Ruzi Nav and Nerui Sukhan
have been suspended for violating the
country’s legislation. According to RFE/
RL, the Prosecutor-General’s Office had
investigated the newspapers and “may
present the justification for the decision
based on its determination of the extent
of violations.”
Several Web sites were
suddenly unavailable on
the eve of 27 February parliamentary elections
Internet publications in Tajikistan also
suffered from hackers in 2005. According
to reports, several Web sites were suddenly unavailable on the eve of 27 February
parliamentary elections in Tajikistan.
One of the most popular Web sites, TsentrAziya (“Centrasia.ru”) was not available
either. The Web site was apparently changing its host, but was unavailable for over
a week.
At the same time, the Web site of
Pravda Vostoka (http://www.pv.uz), the
most pro-government periodical in Uzbekistan, also encountered some technical
problems.
On 29 January, Iskandar Firuz, a correspondent with BBC’s Farsi-language
service, was attacked by Fozil Obidov, deputy president of the People’s Democratic
Party of Tajikistan (PDPT), at a polling
station in the Shokhmanssur district of
Dushanbe. Firuz was covering a meeting
between candidates and voters. While Firuz was standing outside the polling station, Obidov accosted him, asked why he
was taping him and then destroyed the
tape.
On 17 May, tax authorities sealed the
offices and equipment of Somonien television in Dushanbe, one of the independent television stations in Tajikistan. According to reports, the decision came
from the State Committee on TV and
162
2005
Thailand
radio broadcasting and was made because
the station’s license had expired on 31
December 2004. During a press conference on 17 May, Barakatullo Abdulfaizov, the chairman of the committee, explained that the license had expired, but
did not explain why, on a previous occasion, the licence had been automatically
extended. According to RSF, Ikrom Mirzoyev, director of the television station,
believes that the closure of the station was
linked to a political decision, as they had
provided the authorities with all the necessary documents.
According to local media reports, Mirzoyev was hospitalised with heart problems in June and was felt to be related to
the situation at the television channel. In
July, local media turned down the request
of the station’s staff to publish an open
letter to Tajik president Emomali Rakhmonov. Mirzoyev described this action as
an act of self-censorship.
According to reports, Somonien was
one of the few stations giving airtime to
all political parties during the period prior to the parliamentary elections. Another independent station, Guli Bodom,
located in the city of Kanibadam, Sogd
region, which also covered the election,
was closed on 25 February. Based on information from officials of the Television
and Radio Broadcasting Committee, the
station’s work was halted due to a complaint by Emin Sanginov, the mayor of
Kanibodom. The station was, however,
allowed to cover the pre-election period.
In August, three independent weeklies
reappeared in print after enforced breaks
from publication. Ruzi Nav, which has
not appeared since its printing house was
shut down in August 2004, printed a special edition with a print run of 99 copies.
Based on information given to IPI,
Mirahmad Amirsho, editor-in-chief of
Odamu Olam , announced that the weekly had reached an agreement with the
Humo printing house, and will be published after an 11 month pause. On 11
August, Adolat, a publication of Tajikistan’s Democratic Party, published a special edition in honour of the party’s 15th
G
anniversary.
Death Watch
Country (1)
By Kavi Chongkittavorn
P
ress freedom in Thailand has come a
long way. However, in the past five
years under Prime Minister Thaksin Shinawatra, one of the world’s freest media
has been restricted by every possible way
and means. The year 2004 was a remarkable one for the Thai press as Thaksin
continued to muzzle the press with defamation lawsuits and the closure of community radios or TV programmes hostile
to him or his government. He also used
his business cronies to purchase shares in
media organizations.
to withdraw his case after the King directly criticised him for being narrowminded.
The King urged the prime minister to
be open-minded and to listen to alternative views. The King’s comment poured
cold water on Thaksin’s belief that the
press has no role in criticizing Thailand
because unlike him they are not elected.
Thaksin won 19 million votes in the
2005 general election held in January.
Since his taking power, numerous assessments of the Thai press, both by local
and foreign media organizations, have
been mostly negative. Throughout these
years, they have expressed serious concerns regarding the deterioration of the
Thai freedom of expression and blatant
violations of the principles of free press
enshrined in the 1997 constitution.
Pongsak Payakwichian,
chairman of the
Matichon newspaper
group, speaks at a
news conference after
a panel discussion
at the Thai Journalist
Association office in
Bangkok, Thailand,
15 September.
In September 2004, the Thailand
Weekly owned by Sondhi Limthongkun,
owner of Manager Group, on Channel 9
was closed down because of its criticism
of Thaksin’s leadership and the lack of
respect for the royal family. Several programmes on the community radios were
also forced to stop their operations. In
October, Thaksin’s close friend, Phaiboon
Dhamrongtham, an entertainment tycoon, created a huge outcry when he purchased the majority shares of Mathichon
Daily, a respected Thai language newspaper. The deal was eventually withdrawn
due to massive public protest mounted against Phaiboon. Customers threatened to boycott his company’s products
including music tapes, videos and other
products.
Last November, he created history by
becoming the first prime minister to file
a lawsuit against Sondhi. He asked for
US$50 million damages, which was the
highest amount in Thai legal history.
However, a few weeks later, he was forced
What is interesting is the media’s assessment by local media organisations.
On the eve of last year’s World Press Freedom Day on May 3, the Thai Journalists
Association (TJA) issued a strong statement criticising government hypocrisy,
particularly the pledge made by Thaksin
at the beginning of his second term that
he would respect press freedom and democracy.
The TJA is succinct in its assessment
that the government has failed to keep its
promises and has instead been using
every trick in the book to meddle with
news reporting. The government has even
threatened to pull out advertising and
purchase shares in media companies. In
addition, there are the expensive defamation lawsuits. The National Press Council
of Thailand has also condemned the defamation laws that make journalists criminals. These local and foreign evaluations
of the Thai media have more or less been
based on similar procedures.
2005
163
Timor Leste
These groups have all examined the
level of individual freedom and the legal,
political and economic environments to
determine the level of press freedom.
Moreover, many agree that the Thaksin
government’s interference in the media
continues unabated and has become a
norm.
Is it possible for a one-party government that controls all aspects of Thai life
to let go of the media; thus allowing the
media to monitor and check the government? Thaksin’s aides, including PM’s
Office Minister Suranand Vejjajiva, who
oversees the media, have said yes to this
question. The media, they concur, are
free to report and analyze whatever they
deem necessary. In a similar vein, goes the
conventional wisdom, the government
will not shy away from using all available
means at its disposal to reward and reprimand the media when it sees fit. Self-censorship is not imposed by the government, but comes from the publishers and
their teams of reporters. Worse, Thaksin
has yet to show any appreciation for the
role of the media in promoting good governance and democracy, the very values
that he said he wants to promote.
It has been accepted all over the world
that the media plays a critical role in laying the foundations for developing transparency, accountability, good governance
and a respect for human rights. However,
the prime minister has repeatedly failed
to create an environment that is conducive to having a free and independent
media.
Worst of all, access to information in
Thailand has become another effective
tool for withholding information from
the public. The Thaksin government and
officials have not promoted, let alone facilitated, the free flow and access of information, as they should be under the constitution. Instead, they drag their feet using loopholes and technicalities to slow
down information access and disclosure.
The numbers of new disclosures have
dwindled under Thaksin. The first four
years, after the access to information law
was enacted in 1997, were considered to
be the most open period in the country’s
democratic history. Nearly one million
Thais learned or experienced the imporG
tance of the public’s right to know.
U
p until last year, Timor-Leste was
praised for its human rights and
press freedom records. In the 2004 World
Press Freedom Review, IPI stated, “the
country is widely considered to have one
of Asia’s freest presses.”
Sadly, this has changed in recent
months, during which the government
has shown little respect for this fundamental right.
The greatest concern was raised by the
new penal code. Originally drafted by the
Ministry of Justice at the beginning of
2005, the new penal code was officially
approved by Prime Minister Mari bim
Alkatiri on 6 December. At year’s end,
the new law was waiting to be signed into
law by President Kay Rala Xanana Gusmao.
In a 12 January 2006 letter, IPI urged
Timor-Leste’s President not to sign into
law the new penal code, which contains
“harsh criminal penalties for individuals
found guilty of defamation” that “will
have a detrimental impact on journalism
within East Timor,” IPI said.
The law was passed in the face of
strong protests both by local and international journalists and press freedom organisations.
At a 22 March meeting in the capital
Dili entitled “Media law and human
rights,” Timorese journalists, lawyers and
MPs discussed the draft penal code and
its consequences on press freedom. Many
of the 60 participants expressed concern
that the criminal code’s chapter on defamation would restrict coverage of important news in the name of defending personal honour.
The law was passed in
the face of strong protests
both by local and international journalists and press
freedom organisations
At the end of the seminar, co-hosted
by the Judicial Systems Monitoring Program (JSMP) and US government-funded Internews, participants who were opposed to the law decided to lobby the Ministry of Justice with proposed amendments to the law.
However, neither this nor other efforts
to amend the restrictive clauses of the law
produced any results. On 14 December,
after the prime minister signed the law,
SEAPA said it was “regrettable” that calls
for parliamentary debate and public consultations on the matter had gone unheeded.
As far as press freedom is concerned,
the major problem is that the code sets
no limit on fines and other penalties for
defamation. Under Article 173, individuals face three years’ imprisonment for
defaming public officials. Moreover,
Article 176 doubles the term of imprisonment, from one year to two, where the
defamation was committed through the
media. Where the defamation is both
through the media and committed against
individuals performing “public, religious
or political duties,” the term of imprisonment is increased to three years.
SEAPA said it was “regrettable” that calls for parliamentary debate and public consultations on the
matter had gone unheeded
As IPI pointed out in its letter to Xanana Gusmao, the code provides public
figures “with unnecessary protection at a
time when international standards, and
international case law, acknowledge that
they should accept less protection and
not more.” This type of law encourages
self-censorship among journalists and
prevents them from practicing their
watchdog role.
In a separate development that raised
further doubts about Timor-Leste’s government’s intention of protecting press
freedom, a major daily newspaper, the
Suara Timor Lorosae (STL), was harassed
and prevented from reporting after it
published reports of famine in the country. The event also confirmed Prime Minister Mari Alkatiri’s reputation for being
intolerant of criticism.
According to reports by Inter Press
Service, at the beginning of March, STL
“reported that a food crisis affected thousands of East Timorese in the Los Palos,
Suai, Ainaro and Manufahi districts. The
daily said that in one village alone in
Ainaro, at least 50 people have died from
hunger.”
Following these reports, Prime Minister Alkatiri ordered government departments to boycott STL. He also withdrew
164
2005
Turkmenistan
all government advertising from the daily
and banned all its journalists from attending official press conferences, according
to news reports.
Food shortages and famine are common in Timor-Leste, one of the poorest
countries in the world. However, Alkatiri’s government has recently been accused
of corruption and negligence towards remote villages on the island.
This was not the first attack this year
against STL, which is known for its criticism of the government. In February, SEAPA reported that STL was ordered to
leave its premises in Dili within 60 days.
STL publisher and chief editor Salvador J. X. Soares told SEAPA that before
the eviction order, the daily had received
threatening telephone calls from Prime
Minister Alkatiri’s office. Prime Minister
Alkatiri was also reported by the local
media as saying that he would ban STL
and called on people to stop buying the
G
paper.
T
urkmenistan remains the least free
of all the Central Asian states, it also
has the fewest press freedom violations, as
self-censorship, in addition to government censorship, is ubiquitous.
The mass media are under the control
of the government and function mainly
as propaganda tools. No independent media outlets have been able to flourish and
most foreign journalists have had to leave
the country. In addition, the import of
foreign literature and mass media is prohibited.
The regime of President Saparmurat
Niyazov, also called Turkmenbashi (“Father of all Turkmen”), has used the media
to further his personality cult. Access to
the Internet in Turkmenistan is also
strictly limited and monitored by the authorities. Many Web sites and on-line resources are also blocked.
According to reports by various human rights organisations, media that do
not support the president’s Rukhnama
ideology, which denies the influence of
civilisation, science or culture on the development of the Turkmen people, are
censored.
The mass media are under
the control of the government and function mainly
as propaganda tools
Russian journalist, Viktor Panov, who
works for the Russian news agency RIANovosti, was deported from Turkmenistan on 12 March, after being held for two
weeks in Ashgabat. According to reports,
a Foreign Ministry official who did not
want to be identified said Panov was accused of spying for Russia.
Panov, who has dual Turkmen and
Russian citizenship, and has worked as
RIA-Novosti’s Ashgabat correspondent
since the mid-1990s, was initially detained by police for several hours on 23 February for “hooliganism.” On 24 February, he was arrested by security agents
along with a senior official in the Turkmen Foreign Ministry while they were
dining at a restaurant.
Memorial, a Russian human rights
organisation, reported that a handcuffed
Panov was seen at Ashgabat airport, when
he was escorted by several plainclothes
men onto a Moscow-bound flight on 12
March.
In April, the International Federation
of Library Associations and Institutions
(IFLA) protested the closure of libraries
in Turkmenistan, due to its impact on
freedom of expression as well as access to
information in the country.
Import of foreign
literature and mass media
is prohibited
According to IFLA, Niyazov ordered
the closure of libraries on the grounds
that “nobody reads books or goes to libraries.” Central and student libraries are
to remain open, but the remainder are to
be closed. Reportedly, Niyazov announced that additional libraries are unnecessary as most books needed by Turkmen
are already in homes, workplaces and
schools.
IFLA reported that finding information on the exact status of the library closures has proved to be difficult. The National Library appeared to have escaped
closure, but the Open Society Institute
has confirmed the closure of the libraries
in the Dashoguz province. According to
reports, libraries have been out of favour
with Niyazov for a long time. The supply
of university library books has not been
increased for as long as ten years. As a
result, many works on history, literature
and biology have been removed and
G
destroyed.
2005
165
Uzbekistan
T
he political events reported in the
Uzbek media this year provide a
clear picture of the lengths the government will go to control the media. In
March, Uzbek media largely ignored the
revolt in neighbouring Kyrgyzstan, and
in May journalists were prevented from
covering events in the Uzbek city of Andijan. Elections in neighbouring Central
Asian states were also poorly covered, and
most reports were limited to quotes from
neutral news agencies, such as ITAR
TASS, and government statements. Journalists were harassed before and after the
events in Andijan, but harassment of the
media increased after the May protests.
In early April, the prosecutor-general’s
office in Uzbekistan opened a criminal
investigation into the Tashkent bureau of
Internews Network, the media training
and advocacy group, for procedural violations, including the offence of operating
without a license. The organisation is one
of the few sources of independent information in the country, and has been under pressure from Uzbek authorities since
2004. Many journalists and media analysts have voiced concerns that this case
is politically motivated. Fear of popular
anti-government movements, such as in
Georgia, Kyrgyzstan, and Ukraine, was
cited as a possible reason for the pressure
on the media.
Fear of popular antigovernment movements,
such as in Georgia, Kyrgyzstan, and Ukraine, was cited
as a possible reason for the
pressure on the media
On 4 July, the Uzbek government formally charged local Internews Network
staff with working without a proper licence. Internews was forced to stop training media lawyers, close its media resource centre in the Fergana Valley and take
its two popular television news programmes off the air. In August, two Internews
staff, former Internews director Khalida
Anarbayeva and accountant Olga Narmuradova, were charged with producing
television programmes without a licence.
They both received six-month prison sentences, but were released under an amnesty. Internews was expelled from Uzbekistan in September.
A Tashkent city civil court suspended
IREX, the International Research and
Exchanges Board, on 12 September. According to reports, the court action was
based on a request from the Justice Ministry, which claimed the organisation
violated Uzbek legislation.
Hurriyat weekly journalist Sobirdjon
Yakubov was detained on suspicion of religious extremism on 11 April in the
Uzbek capital, Tashkent. Three days later,
Yakubov was charged under Article 159
of the Criminal Code and accused of
anti-constitutional activity, which carries
a sentence of up to 20 years in prison.
Internews was expelled from
Uzbekistan in September
Yakubov was held in an Interior Ministry detention centre, and then transferred to a special prison under the jurisdiction of the National Security Service,
according to media reports. He faces up
to 20 years in prison if convicted.
While the official charge is based on
the journalist’s alleged religious activities,
Yakubov’s colleagues at Hurriyat have
suggested that the real reason for his arrest is his work as a journalist. In a 16
March article about the Ukrainian journalist Georgiy Gongadze, who was murdered in 2000, Yakubov wrote that Gongadze’s death was an important factor in
the so-called “Orange Revolution” because it “became a driving force to realise
the necessity of democratic reforms and
freedom.” He also suggested that former
government officials might have been
implicated in the crime.
According to local reports, Yakubov is
a practicing Muslim who has written
about his hajj pilgrimage to Mecca in an
article titled, “A journey to the dreamland.” It has also been reported that Yakubov’s article accused the United States
of diluting its human rights monitoring
in Uzbekistan after President Islam
Karimov allowed the country to install an
air base in the south of Uzbekistan.
Ulugbek Haidarov, a journalist and
human rights activist, was severely beaten
on 23 April in the Jizzakh region, central
Uzbekistan. An unidentified assailant was
waiting for Haidarov outside his home.
During the attack, one of Haidarov’s collarbones was broken and he was later hospitalised. Haidarov told the media that
the attacker hit him in the face, and then
kicked him when he fell to the ground.
The attacker reportedly told the journalist “I will show you how to write.”
Police in Jizzakh are currently investigating the attack, and have several possible motives. The journalist said that he
believes the attack was directly related to
his publications on the Internet about the
regional situation. Apparently, Haidarov
had been warned to stop his critical reporting or face retaliation.
Recently, fergana.ru published several
articles by Haidarov critical of the governor of the Jizzakh region, Ubadulla Yamankulov, and the Jizzakh regional hokimiyat (local government). According to
the journalist, his sources in the hokimiyat told him that Yamankulov was displeased with Haidarov’s reporting, and that
the journalist should refrain from writing
for about two months. Haidarov is also
the district head of the Ezgulik (“Kindness”) human rights group.
The attacker reportedly
told the journalist “I will
show you how to write”
According to reports, the Uzbekistan
Ministry of Internal Affairs have drawn
up a “black list” of journalists, circulated
on the Internet. Haidarov, is reportedly
on that list; however, the Ministry denies
that the list exists.
During the 13 May clashes when
some 4,000 protesters stormed a prison
in Andijan, freeing inmates, and seizing
the city’s administration building, the government tried to maintain control of the
information flow. Protests started on 10
May, when a large group gathered to
demand justice for 23 young businessmen accused of Islamic extremism. According to reports, the prosecution had
asked for prison terms ranging from three
to seven years for 20 of the accused, and
indicated a willingness to free the remaining three. Protests grew on 13 May, when
increasing numbers of people went on to
the streets to call for the resignation of
President Islam Karimov’s administration. Responding to the protests, soldiers
opened fire on demonstrators. Karimov
flew to Andijan that day, while neighbouring Kyrgyzstan and Kazakhstan closed
their borders with Uzbekistan.
166
2005
Local residents look at
a car burning during
unrest in Andijan,
Uzbekistan, 13 May.
Outrage over the terror
trial of 23 Muslims
exploded into broader
unrest in an eastern
Uzbek city Friday after
protesters stormed a jail
to free the defendants.
(AP Photo/Efrem
Lukatsky)
Based on reports, journalists were barred from covering the May protests in
Uzbekistan. For several days after the unrest, all local and foreign journalists were
prevented from reporting in the city. The
army and police sealed off the city and
those journalists already present were expelled.
The Uzbekistan Ministry
of Internal Affairs have
drawn up a “black list” of
journalists, circulated on
the Internet
On 18 May, journalists were brought
to the city, shown pre-selected areas, and
told stories confirming the government’s
version of the 13 May events. According
to reports, journalists were prevented
from randomly interviewing the city’s
residents. Until this visit, Andijan had
been practically cut off from the rest of
the world. The number of people who
died or were injured in the protests is still
not known.
On 21 May, First Deputy Prime Minister Rustam Azimov reportedly sent
instructions on how to cover the events
in Andijan to all Uzbek media outlets.
Later in May, various media outlets said
news reports by international media outlets should not be believed.
Human rights activist Saidjahon Zaynobiddinov faces criminal defamation
charges for statements he made to the
press about the violence in Andijan. Zaynobiddinov was an important source of
independent information from Andijan
both before and during the unfolding
events. His accounts frequently contradicted information provided by official
Uzbek sources. Zaynobiddinov was arrested on 21 May.
Based on reports from Uzbekistan,
many local journalists, who work for foreign media outlets, and who witnessed
the violence, are afraid of retribution
from the authorities. They have been accused of lying about the events on the
order of their media employers. According to Agence France Presse (AFP), journalists have said that possible reprisals by
the authorities could be something as
simple as a denial of accreditation or,
worryingly, something more serious.
Uzbek border guards on the border
between Kyrgyzstan and Uzbekistan assaulted Vladislav Chekoyan, a cameraman for Russian channel TVTs on 21
May. His camera and mobile phone were
confiscated while attempting to film
demonstrators demanding the release of
rebels arrested in Kara-Suu, on the border
between the two countries.
During this period, journalists from
Reuters, (AFP), AP, and other media out-
lets were ordered to leave Andijan. Some
were briefly detained and then taken out
of the city.
Most of the popular news Web sites
were inaccessible for users from Uzbekistan at the time of the protests, and for
several days afterwards. Independent
publications from Russia and Uzbekistan,
such as Ferghana.ru, freeuz.org, Lenta.ru,
and Gazeta.ru, Utro.ru, Newsru.com, as
well as those of the daily Nezavisimaya
gazeta, NTV and the local services of Radio Liberty were blocked by the state
internet service providers (ISPs).
Responding to the
protests, soldiers opened
fire on demonstrators
Popular radio stations, such as Didor,
were taken off the air. News segments
from foreign television channels (for example, BBC, CNN, and NTV) were cut
off throughout Uzbekistan and replaced
with music videos and programmes on
culture. According to reports, Andijan
was also unreachable by mobile telephones and had only limited landline connections.
Later, as many people fled from Andijan to neighbouring Kyrgyzstan, border
guards assaulted journalists covering the
events. On 21 May, Vladislav Chekoyan
2005
from Russian television channel TVTs
was assaulted by Uzbek border guards,
while filming a demonstration by large
numbers of people on a bridge in KaraSuu. The guards also confiscated his camera and mobile telephone.
On 18 May, a television crew from
Ukrainian Kanal 5 television was arrested
on arrival at Tashkent airport, and their
equipment was seized. They were held by
customs for about six hours on the
grounds that they had no official accreditation. The journalists were finally able
to go to Andijan after an intervention by
the Ukrainian embassy.
They were accused of
“violating Uzbek legislation
by employing the services
of stringers who engage in
journalist activity without
accreditation by the Ministry of Foreign Affairs”
Tulkin Karayev, a correspondent for
the London-based Institute for War and
Peace Reporting (IWPR) and one of the
independent journalists who covered the
events of 13 May in Andijan, was detained and arrested in the city of Karshi
on 4 June. He was sentenced to a ten-day
detention on charges of “hooliganism”
and released on 14 June. Reportedly, he
was attacked by an unknown woman,
who subsequently filed a police report
claiming to be the victim. On 16 June, he
was prevented from travelling to Tashkent for medical treatment and detained
at a police station for five hours. Police
also took his passport, preventing him
from travelling in the country.
In various interviews, Karayev said
there had been increased surveillance of
his apartment by security services, and
agents had approached his family and
friends. He had also seen a car without
licence plates surveying his house for several days. In early July, Karayev fled from
Uzbekistan, due to the ongoing harassment.
Police detained Gafur Yuldashev, correspondent for RFE/RL, in Andijan on
26 June and questioned him for about 4
hours. In addition, on 26 June, an independent journalist, Ulugbek Khaidarov,
was beaten by thugs in Karshi, when he
was on his way to visit colleague Tulkin
167
Karaev, an independent journalist placed under house arrest by the local authorities.
Unidentified individuals
beat another RFE/RL correspondent, Lobar Qaynarova,
the radio station’s correspondent in the Syrdarya region,
on 1 July. Qaynarova was attacked in the town of Gulistan, the capital of the Syrdarya region, by a man and two
women, who beat her and
took her notes and tapes. The
journalist, who was pregnant
at the time, had to be hospitalised with severe injuries to
her face and abdomen and
remained in the hospital for
several days. Qaynarova had
been interviewing human
rights activists in the Syrdarya
and Jizzah regions who have
reported coming under intense government harassment for
several weeks. She had also
received several threatening
People walk outside a burning movie theatre in downtown
phone calls for reporting on
Andijan on 13 May. (AP Photo/ Efrem Lukatsky)
politics.
Razhabboi Raupov, a freelance journalist who works for a numKyrgyz journalist Erkin Yakubjanov
ber of news outlets, including RFE/RL, was detained on 18 July by Uzbek border
was beaten with an iron bar by two guards at the Dustlik checkpoint and
unknown assailants near his home in held for 11 days at a Security Services
Bukhara on 6 July. He was hospitalised in (SNB) detention centre in the Tashkent
critical condition.
without charge. He was travelling to AnOn 26 August, Nosyr Zakirov, a cor- dijan in order to prepare a report for the
respondent for RFE/RL’s Uzbek Service, radio project “Dolina Mira” (“Valley of
was sentenced to a six-month prison term Peace”). The guards detaining him claifor slandering a state official. Zakirov had med he had tried to interview them withinterviewed poet Khaidarali Komilov out proper accreditation.
who criticised the authorities’ actions in
Igor Rotar, a correspondent for Forum
Andijan. Reportedly, Komilov later re- 18, the Norway-based religious-freedom
tracted his statements.
organisation, was detained on 11 August,
In addition to the many instances of and deported from Uzbekistan on 13
harassment of RFE/RL correspondents, August. Rotar is a Russian citizen, and
on 12 December, the radio station recei- works as a correspondent for Forum 18
ved a letter from the Ministry of Foreign and is a contributor to the U.S.-based
Affairs refusing them the extension of Jamestown Foundation.
their accreditation in Uzbekistan. They
Reportedly, Uzbek security personnel
were accused of “violating Uzbek legisla- tried to force him to buy his own ticket
tion by employing the services of strin- to make it appear as if he was not being
gers who engage in journalist activity deported. In an interview with fergana.
without accreditation by the Ministry of ru, Rotar, who was covering harassment
Foreign Affairs.” The ministry also sus- of Protestants in northern Karakalpakispended the individual accreditation of tan, said that he believes his detention
four RFE/RL Uzbek Service correspon- and deportation were not linked to this
dents.
issue, but to a general post-Andijan
crackdown on the media.
168
2005
Vietnam
On 7 September, the Uzbek Prosecutor-General’s Office issued a statement
suggesting that foreign organizations had
advance knowledge of the violence in
Andijan. According to RFE/RL, the Prosecutor criticised foreign media for their
coverage of the events. In an 11 October
statement, the Uzbek Interior Ministry
warned journalists about their coverage
of the trial of alleged Islamist extremists
charged with organising the protests in
Andijan.
The BBC announced
that it was shutting
down its Tashkent bureau
for six months
On 26 October, the BBC announced
that it was shutting down its Tashkent
bureau for six months and withdrawing
local staff, due to continued harassment
by Uzbek authorities since the events in
Andijan.
Aleksei Volosevich, a correspondent
for Ferghana.ru, was attacked by unknown individuals, who beat him and
smeared him with paint in Tashkent on 9
November. Volosevich later discovered
that someone had spray-painted curses
on the entrance to his apartment, including the phrase, “a corrupt journalist and
Jew who doesn’t know anything about
Islam lives here.”
The Uzbek secret services, who the
journalist believes may be behind the attack, accused Volosevich of staging an
attack to portray himself “as a martyr persecuted by authorities.” Volosevich himself suspects that the attack is linked to
his critical coverage of the Andijan protests and his critical coverage of the UzG
bek government.
W
ith the tenth National Party Congress of Vietnam’s ruling Communist Party scheduled for early 2006,
Vietnam’s government in recent months
has intensified its control of the media; in
particular, the platform that is most difficult to control and therefore most feared:
the Internet.
In a difference of approach to that
used by countries such as Singapore,
where the government openly admits to
controlling the media, the “White Paper
on Human Rights” released by Vietnam’s
Ministry of Foreign Affairs of Vietnam
on 18 August states that the country has
press freedom.
Indeed, the report says, “Vietnam fully respects and ensures the freedom of
speech, freedom of the press, and the
right to information of all citizens.”
Furthermore, Vietnam’s 1992 Constitution includes provisions for the protection of freedom of expression; the Press
Law states that citizens have the right to
be informed and to express their opinions; and the Law on Publication protects
the citizens’ right to make public their
works without being censored.
The reality of Vietnam, however,
looks quite different.
Vietnam’s 1992 Constitution includes provisions
for the protection of freedom of expression
Despite the economic liberalisation
that Vietnam’s Communist Party has
promoted in the past 20 years as part of
the “Doi Moi” or “renovation process,”
civil and political freedoms are still nonexistent and the Ministry of Culture directly supervises the press and the broadcasting sector.
At year’s end, at least six persons were
held in prison for expressing their opinion or distributing, mostly via the Internet, information considered subversive
by the government. Throughout the year,
many other journalists were attacked and
harassed.
The brothers Truong Quoc Tuan, Truong Quoc Huy and Truong Quoc Nghia,
along with their friend Lisa Pham, were
arrested in October in southern Vietnam’s Ho Chi Minh City allegedly for
their participation in a chat room about
politics and democracy on the Pal Talk
(paltalk.com) Web site. Truong Quoc
Nghia was released soon afterwards; the
other three were officially accused of inciting the population to “overthrow the
government.” While the fate of the four
Internet users remains uncertain, police
in Ho Chi Minh City have declared they
were unaware of the case.
Also still in jail is Nguyen Khac Toan,
who was arrested in an Internet café in
January 2002 and sentenced on 20 December 2003 to 12 years’ imprisonment
for e-mailing Vietnamese human rights
organisations abroad about farmers’ protests. At that time, the sentence was the
heaviest ever imposed for breaching the
country’s Internet laws.
The reality of
Vietnam, however, looks
quite different
In reaching its decision, the court
found that the e-mails to the “reactionary” organisations were in breach of Article 80 of the harsh Criminal Code and
represented espionage. Aside from the excessively long sentence, the trial flagrantly breached a number of international
standards on fair trials. For instance, the
trial was completed within two hours,
held secretly, in breach of Article 131 of
the national Constitution, and Nguyen
Khac Toan was only allowed to see his
lawyer twice and prevented from speaking to him in private.
In addition, writer Pham Hong Son
has been in prison since early 2002 for
translating into Vietnamese and posting
on-line an article titled, “What is Democracy?” downloaded from the US state
department’s Web site. He had previously posted several pro-democracy and human rights articles on Vietnamese discussion forums.
In June 2002, Pham Hong Son was
sentenced to 13 years in prison, plus an
additional three years of house arrest on
charges of espionage and accused of
maintaining contact with “political opportunists” and “reactionary forces overseas.” A few weeks later, his sentence was
reduced on appeal to five years in prison
and three years house arrest.
As in Nguyen Khac Toan’s case, there
were flagrant breaches of Pham Hong
Son’s right to receive a fair trial. Journalists and foreign diplomats were prevented
2005
from attending the proceedings. When
they tried to attend the hearing, one security officer told them that the writer’s
prosecution was an “internal affair of
Vietnam.”
Nguyen Vu Binh, formerly a journalist for an official communist party publication, Tap Chi Cong San (“The Communist Reviews”), was imprisoned in
September 2002, in connection with an
essay he wrote and posted on the Internet
criticising border agreements between
China and Vietnam. Nguyen Vu Binh
was accused of being in contact with
“subversive dissidents,” of having received money from “a foreign-based reactionary organisation” and of posting articles of a “reactionary character” on the
Internet, according to RSF. In December
2003, Nguyen Vu Binh was sentenced to
seven years in prison, plus three years of
house arrest, for espionage.
Throughout the year,
many other journalists were
attacked and harassed
Other writers received heavy sentences
for circulating their writing, but were
then granted amnesty. In many cases,
however, even after the amnesty, they
were subjected to further restrictions and
even harassment.
This is the case of well-known writer
and medical doctor Nguyen Dan Que
who, after being released from prison in a
late January 2005 amnesty, has continued
to face restrictions on his rights to free
movement and communication. Nguyen
Dan Que is forced to live under constant
surveillance by police officers stationed
next to his house and has been forbidden
a home telephone line, Internet access, or
a fax machine. Furthermore, his computer was confiscated by police in 2003 and
has not been returned.
Nguyen Dan Que, editor of the underground magazine Tuong Lai (“The
Future”), has fought for freedom of expression all his life and spent nearly 20
years in prison as a consequence of this,
according to RSF. He was most recently
imprisoned in March 2003 and sentenced to 30 months’ imprisonment,
after he issued a statement titled, “Communiqué on Freedom of Information in
Vietnam,” criticising the lack of freedoms
in the country and supporting a freedom
of information bill that had been presented to the legislature.
Moreover, writers Nguyen Van Ly and
Nguyen Dinh Huy were released from
prison in January this year, under the
same presidential amnesty. Although the
releases coincided with the traditional annual amnesty marking Vietnam’s Lunar
New Year, observers believe that international pressure played a large role.
Essayist and Catholic priest Father
Thadeus Nguyen Van Ly was arrested in
May 2001; he was charged with undermining national unity and sentenced to
15 years (later cut to ten) plus five years
of house arrest. Nguyen Van Ly posted
on the Internet a testimony titled, “Violations of Human Rights in Vietnam” criticising the Vietnamese government’s religious repression. According to the Writers in Prison Committee (WiPC), Nguyen Van Ly had been previously detained
in labour camps from 1977 to 1978 and
from 1983 to 1992 for peacefully exercising his right to free expression and freedom of religion.
Nguyen Dinh Huy, founder of the
pro-democracy “Movement for National
Unity and Building Democracy” in 1992,
was arrested in November 1993 and sentenced to 15 years in prison in 1995 for
planning an illegal meeting and allegedly
trying to set up an opposition party.
Between 1975 and 1992, Nguyen Dinh
Huy was detained for 17 years in a reeducation camp.
At that time, the sentence
was the heaviest ever
imposed for breaching the
country’s Internet laws
Under a second presidential amnesty
marking the 60th National Day on 30
August, pastor and Internet writer Nguyen Hong Quang was released from prison. Official sources say that 10,400 inmates were released under the amnesty.
Nguyen Hong Quang, general secretary
of the banned Vietnamese Mennonite
Church, was arrested on 8 June 2004
along with five other church members
after urging the release of four fellow
church members who had been previously arrested. Nguyen Hong Quang was
sentenced to three years in prison for allegedly “instigating others to obstruct
persons carrying out official duties.”
169
The release of some prisoners of conscience, however, does not necessary
mean any improvement in the respect of
human rights in Vietnam. Indeed, dissent continued to be harshly punished
and dissenters to be harassed.
For instance, the trial
was completed within two
hours, held secretly, in
breach of Article 131 of the
national Constitution,
and Nguyen Khac Toan
was only allowed to see his
lawyer twice
The 83-year-old former Communist
party member turned democracy activist
Hoang Minh Chinh has been subjected
to attacks against himself and his family
after he made public statements in the
USA criticising Vietnam’s policies and its
disrespect for human rights. While still in
the USA receiving treatment for an illness, Hoang Minh Chinh was accused in
the press of committing “treason to the
nation,” according to reports by Human
Rights Watch (HRW). Upon his return
to Vietnam, police warned Hang Minh
Chinh that people were angry due to the
statements he had made and that police
did not protect traitors. In the following
days, in separate events, mobs attacked
Hoang Minh Chinh, his wife and his
daughter.
In the course of the year, other writers
were persecuted for expressing their opinions, criticising the authorities or distributing information, mostly through the
Internet. The head of the Communist
Party Central Committee’s Ideology and
Culture Commission, Nguyen Khoa Diem, repeatedly insisted on the need to
bring into line a press that “chased after
sensationalism and profit,” rather than
confining itself to distributing governG
ment ideology, as RSF reported.
170
2005
Islands
in the Sun
Australasia
and Oceania
Although there were
some improvements
for the media in 2005,
the region is blighted
by a poor communications infrastructure.
P
erceived as merely a series of tropical paradises stretched out across the Pacific ocean, the countries and territories making up the Pacific Islands are often misunderstood by
the rest of the world. While it is true
the region is a popular destination for
tourists from all over the globe, these
short-term visitors take back only memories of sunshine and landscapes,
not the deep-seated social problems
faced by many of these societies.
One of the crucial problems is the
glaring lack of telecommunications infrastructure that inhibits communication. At present, there are weak satellite
communications, a dependency on radio communications and poor access to
the Internet. According to reports, for a
family to have the Internet on the Marshall Islands it would cost them US$10
for every three hours of usage. Moreover, only half the region’s population
has access to mobile phones and many
telecommunications experts say that
the region is as challenging as Africa to
work in.
These short-term visitors
take back only memories
of sunshine and landscapes, not the deep-seated
social problems faced by
many of these societies
Such concerns reinforce the desperate need for proper communications in
a region where families, friends and
even parts of the same country are separated by sea. The telecommunications
problems were reinforced in January of
this year when satellite failure left many
of the countries in the region without
proper telephone and Internet commu-
nications. Fortunately, New Zealand
telecom was able to fix the failure.
However, the incident raises another burning issue, namely, the region’s
over reliance on New Zealand and Australia. These two countries dominate
the region and are responsible not only
for much of the communications infrastructure, but also for considerable
amounts of donor funding. In a region
where these two subjects go hand-inhand, it has given New Zealand and
particularly, Australia, considerable say
in their own backyard.
Regarding the media, Australian
broadcasting and its lively newspaper
counterparts have often had a transforming effect on its neigbours; many
of whom have sought to adopt similar
practices or looked for guidance on
ethical issues. Elsewhere, the problem
lies with the sheer fragility of many of
the societies. With tribal, ethnic, geographical and language differences,
some parts of the region have had difficulties in creating unified societies and
the relative youth of many of the countries has also counted against them.
On the Marshall Islands, for example, a 2005 economic report, while
highlighting the strengthening of the
“public voice,” also pointed to severe
problems regarding poverty, unemployment, social stress, violent crime and
substance abuse. As the report states in
its conclusion: “Poor governance and
poor basic human development have
created a crisis.” But the Marshall Islands is not the only place where these
problems exist.
Nowhere is this fragility clearer than
in the media environments where
broadcasters operate on shoestring budgets alongside newspapers with small
circulations. The nature of these tiny
media environments creates numer-
2005
ous problems leading to monopolies,
and even a breakdown in the division
between the political and media spheres.
This is typified in the Cook Islands where
George Pitt not only operates one of two
media organisations, but has also held
political office.
The result is a situation where Pitt
both creates news by his actions and
works as a media owner who is willing to
confront the abuse of government. In
consequence, 2005 found Pitt arguing
with the government on the subject of
electricity, an area in which he previously
held office, and using his media to highlight the laudable struggle of a whistleblower. Such situations are not necessarily the rule in the Pacific, but they are
much more than the exception.
Similar to the Judith Miller case in the
United States where the question of a
journalist’s right to protect his or her
sources was debated, there were also
problems for Pacific journalists on the
same issue. In Australia, Reporters Gerard McManus and Michael Harvey, of
the Melbourne Herald Sun, charged with
contempt of court, challenged the charges in the Victorian Supreme Court. Anxious to avoid a fight between the media
and the government, the Commonwealth
Solicitor-General David Bennett QC said
that the charges against Harvey and McManus should be dismissed, because the
Government would soon amend Commonwealth legislation giving journalists’
sources a right to confidentiality. The
adjourned the case to a date to be fixed,
pending the outcome of the counterclaim by McManus and Harvey in the
Supreme Court.
Many telecommunications
experts say that the
region is as challenging as
Africa to work in
In Fiji, on 18 and 19 April, Fiji Television ran two separate stories based on
an initial police statement from Lieutenant-Colonel Viliame Seruvakula. Seruvakula stating that he was offered money to
side with rebel leader George Speight.
After these reports, the police, armed
with a search warrant, searched the premises of Fiji Television. However, in compliance with the law, the television station handed over Seruvakula’s statement,
but refused to divulge the source.
Elsewhere, in New Zealand, the results of a civil defamation case caused
fears among journalists that a media organisation was not prepared to support
the right of journalists to protect their
sources. The story concerned the Prime
Minister and her alleged involvement in
an undisclosed interview with the Sunday
Star-Times over the interference of a former senior police officer in a police investigation. The owners of the newspaper,
Fairfax group, apparently exposed Clarke’s involvement in the story. The revelation, which became public knowledge
due to an ongoing civil defamation case,
sparked off journalists’ fears that the
newspaper chain was failing to protect
sources. However, the Fairfax group
strongly denied its involvement in outing
Clarke and has also moved to allay journalists’ fears.
As in previous years, there were still attempts by the government to pressure the
media, but these attempts are not as common as they once were. In Kiribati, the
comments of the information minister
ignited public debate, and it was further
fuelled by criticisms of Parliamentary
Speaker Etera Teangana by the Catholic
Church. The comments were related to
allegations of public overspending and
were reported on Radio Kiribati. They
led a number of ministers to denounce
the reporting. Information Minister, Tewe accused the local media of being irresponsible and causing a “public nuisance.” In response, the public broadcaster,
the Broadcasting and Publications Authority said, “[T]he BPA would continue
to inform, educate and entertain the public at large as stipulated in the BPA Act.”
Spats between governments also have
an impact on the media. A highly publicized disagreement between Papua New
Guinea (PNG) and Australia led to an
Australian journalist being escorted away
from an interview with PNG’s prime minister, Sir Michael Somare. The row occurred when Sue Ahearn, an Australian
journalist on attachment with the Solomon Islands Broadcasting Corporation
(SIBC), was asked to leave the room
where the PHG’s Prime Minister Sir
Michael Somare and his delegation were
spending a 45-minute stopover at Honiara Airport before flying on to New Caledonia.
171
Despite these problems, and there
were fewer than last year, there have been
some noticeable improvements. The May
decision of the Tongan government to
allow New Zealand journalist Michael
Field to enter the country was a major
victory for press freedom. Commenting
on the case, Tonga’s Minister for Immigration, Tu’a Taumoepeau Tupou, told
Matangi Tonga Online the decision was
based on a consensus to move forward –
“a case of being damned if we do it, and
damned if we don’t do it.”
As in previous years,
there were still attempts by
the government to pressure
the media. Government
Pressure, but these attempts
are not as common as
they once were
Another improvement was in the comments of the French regulatory authority,
the CSA, which said that the coverage of
the French Polynesian campaign by RFO
and Tahiti Nui Television was fair between January 7 to February 4, 2005, in
the lead up to the elections. The Tahiti
Press Agency reported that between these
dates CSA members ruled that broadcast
media had followed the necessary equity
and balance needed when interviewing
politicians.
Finally, having already shown its sensitivity regarding protection of sources, the
Australian government said new sedition
laws will contain a new “public interest”
defence to reflect the concerns of media
outlets and Coalition MPs that the provisions could harm free speech. A special
meeting of the Coalition Government
party room approved on 30 November
further changes to the planned anti-terror
legislation after marathon negotiations.
The legislation will prohibit a reliance on
hearsay evidence to extend control orders
that allow terror suspects to be held without charge for up to 12 months. The definition of a seditious intention will also
be tightened to ensure there is a direct
relationship with the intention to encourage the use of force or violence.
BY DAVID DADGE
172
2005
Australia
By Rod Kirkpatrick
R
eporters Gerard McManus and
Michael Harvey, of the Melbourne
Herald Sun, charged with contempt of
court, have challenged the charges in the
Victorian Supreme Court. The counterclaim by the two political journalists
questions the authority of the chief judge
of the Victorian County Court, who ordered them to give evidence in a government-initiated trial against a senior pub-
The Seven Network’s $1.1 billion damages claim – against News Ltd and others (22 respondents in all, including most
of the remaining major players in the
Australian media and telecommunications industries) – flowing from the demise
of its C7 pay-TV channel included an expert’s estimate that up to $660 million in
future revenues were lost because it was
no longer an integrated media company.
Another expert witness for Seven put the
“primary loss” of C7 going out of business at only $162.8 million, the court
was told. Seven has alleged News, Publishing & Broadcasting Ltd, Telstra and
others breached the Trade Practices Act
by conspiring to force Seven out of the
pay-TV industry by, among other things,
jointly bidding for sport broadcast rights.
When the case began in September,
Seven was represented by seven barristers
and dozens of solicitors, led by highpriced London barrister Jonathan Philip
Chadwick Sumption. In the first week,
Sumption unveiled documents that shed
a harsh light on how News Ltd does business.
It was a year in which
the Nine Network took
a hammering
Australia’s richest man Kerry Packer gestures,
Sydney, Australia, 26 October 2004. His family
announced the media mogul’s death in
a statement issued on 27 December 2005.
lic servant. Chief Judge Michael Rozenes
rejected the argument of the Commonwealth Solicitor-General David Bennett
QC that the charges against Harvey and
McManus should be dismissed. The
Commonwealth argued that the Government would soon amend Commonwealth
legislation giving journalists’ sources a
right to confidentiality. Bennett’s call for
the charges to be dismissed was in direct
opposition to the Commonwealth Director of Public Prosecution’s insistence that
the two journalists be called as witnesses
at the Supreme Court trial of public servant Desmond Patrick Kelly on 23 January. Judge Rozenes adjourned the case to
a date to be fixed, pending the outcome
of the counter claim by McManus and
Harvey in the Supreme Court.
In December, News Ltd’s chief general counsel Ian Philip told the Federal
Court that he had lied to pay-TV partner
Telstra so it could contribute up to $14
million a year extra for National Rugby
League football rights, saving the media
giant from having to dig into its pockets.
Also in December, the Seven Network
settled out of court with one of the
re spondents, the Australian Football
League.
It was a year in which the Nine Network took a hammering, even though it
finished the ratings year slightly in front
of the Seven Network. And in the silly
season for news and the non-ratings period for television, Nine suffered its biggest
blow of all: Kerry Francis Bullmore Packer died, aged 68, after being in ill health
for some years. Packer, Australia’s richest
man, famously sold the Nine Network
and associated media enterprises for nearly $1 billion in 1987 (“there’s only one
Alan Bond comes along in your lifetime”)
and bought it back three years later for
about one-quarter the price. Apart from
that three-year blip on the radar, the Packer family has been the principal owner
of Nine’s major stations since 1956.
Packer was a sometime newspaper owner (mainly regional newspapers, but also
the Canberra Times, 1987-89), and the
principal shareholder in Publishing &
Broadcasting Ltd (PBL), which runs,
amongst other enterprises, the biggest
stable of magazines in Australia and the
Nine television network.
Kerry Francis Bullmore
Packer died, aged 68,
after being in ill health for
some years
He was the third-generation member
of the Packer media dynasty. His father,
Sir Frank Packer, owned the Sydney Daily Telegraph from 1936-72 and started
Channel 9 in both Sydney and Melbourne; and Kerry’s grandfather, Robert Clyde Packer, was a newspaper manager and
owner whose fortunes received a wonderful boost when he was given a one-third
interest in Smith’s Weekly. The Packerowned Bulletin magazine published a
100-page “special tribute issue” devoted
entirely to Kerry Packer on 4 January
2006.
During 2005, the Seven Network made strong inroads into Nine’s perennial
leadership in the ratings. Seven’s major
victory was in news, where Nine had traditionally been the leader. Nine lost chief
executive, David Gyngell, who resigned,
claiming interference from senior executives in Publishing & Broadcasting Ltd.
Sam Chisholm, the Nine chief executive
from 1975-1990, was installed as acting
CEO and he instituted a cost-cutting
campaign, sacked about 80 staff members in July and offered redundancies as
the year ended. Television advertising revenue fell 1.1 per cent in the six months
to 31 December. David Gyngell has since
been appointed CEO of international television production and distribution company, Granada America.
PBL formed an unusual alliance during the year, with West Australian Newspapers Holdings Ltd., to become joint
partners in the purchase of Hoyts Cinemas from Kerry Packer’s private group,
Consolidated Press Holdings. Later in
the year, the chief executive of WAN, Ian
2005
Law, announced he would finish in May
2006 to take up the position of chief executive of the PBL magazine arm, Australian Consolidated Press Magazines.
Major newspaper group, John Fairfax
Holdings Ltd., spent 15 months seeking
a replacement for retiring chief executive
officer Fred Hilmer. Fairfax finally appointed a magazine and printing executive, David Kirk, 43. Kirk, a Wellingtonborn Rhodes Scholar and former All
Blacks rugby captain, replaced Hilmer, a
former business professor, on 21 November. Kirk brought forward his departure
from the CEO’s role at PMP Ltd so that
his replacement, Brian Evans, could slip
into his chair more quickly.
173
payments returned to normal after the
company received a one-off tax gain the
previous year. Retiring CEO Fred Hilmer
received a AUS$4.5 million golden handshake.
Under Evans as chief operating officer,
Fairfax restructured its executive hierarchy, appointing managing directors for
its New South Wales and Victorian operations. The managing directors are responsible for advertising sales in their
state. Don Churchill, one of Fairfax’s
internet-based news service had changed
hands for real money. Crikey had been
part of the undertow of public life for five
years. Circulating among politicians, investors, journalists and business leaders,
it had provided a mix of insiders’ gossip,
breaking news, comment, analysis and
speculation.
In a highly publicised court case, Waverley Local Court in Sydney granted
film actor Nicole Kidman an interim restraining order against two celebrity pho-
Sam Chisholm, the Nine
chief executive from 19751990, was installed as acting CEO and he instituted
a cost-cutting campaign
All of these events pointed to a case of
musical chairs: Brian Evans, chief operating officer of Fairfax since March 2005,
became the new chief executive at PMP.
Former Fairfax CEO Fred Hilmer will
become the vice-chancellor of the University of NSW in June 2006.
In another change at Fairfax, Ron
Walker, a Fairfax director since February
2003 and deputy chair since October
2004, became the chair of the board on
26 August, replacing Dean Wills. Walker,
a Melburnian, was a long-time federal
treasurer of the Liberal Party. He is the
chair of the Melbourne Commonwealth
Games 2006 organising committee.
Lachlan Murdoch,
mentioned as a possible
successor to his father
at the helm of the family’s
worldwide media enterprise, has departed
Fairfax announced a 24 per cent increase in annual pre-tax profit as a strong
performance from its New Zealand newspapers offset the effects of weak NSW
and Victorian economies in the year to
30 June. Fairfax’s reported net profit fell
6 per cent to AUS$259.7 million as tax
Lawyers for Australian television network, the Seven Network Ltd., move a box containing
documents in Sydney, Australia, 12 September 2005. Seven Network Ltd. launched a landmark
1 billion Australian dollar lawsuit against top media.
(AP Photo/Lindsay Moller, POOL)
New Zealand general managers, became
the managing director for Victoria. James
Hooke, a former management consultant
who joined Fairfax in 2001 and has since
“grown” the regional papers, became the
NSW managing director. Joan Withers
has retired from the Fairfax board to
become the new NZ managing director.
She is a former chief executive of NZ’s
largest radio network.
Stephen Mayne sold his crikey.com.au
newsletter and Web site to Eric Beecher’s
and Di Gribble’s Private Media Partners
for AUS $1 million in January. The sale
left Mayne free to return to his role as a
reporting hack and corporate activist.
It was the first time that an Australian
tographers on 27 January. She claimed
she had feared for her life during a highspeed car chase through Sydney on the
previous Sunday night. On 11 February,
the photographers, Jamie Fawcett and
Ben McDonald signed an agreement to
stay 500 metres away from Kidman’s Darling Point home. The restraining orders
were later lifted.
Regional and rural newspaper printing in Australia is becoming increasingly
centralised at bigger and grander regional
printing centres. Rural Press Ltd closed
newspaper printing centres at Maitland
(NSW), Collie (WA) and Bendigo (Victoria) in 2005. The publications formerly printed in Maitland on the Mercury’s
174
Web press facility are now printed at either the Port Macquarie or Tamworth
print centre. The Collie printing was shifted in February 2005 to the new AUS$20
million state-of-the-art Mandurah printing centre, built on a Greenfield site. The
Bendigo printing was shifted to Ballarat
from the week beginning 13 February.
David Penberthy, a 35-year-old former Adelaide journalist, became the new
editor of the Daily Telegraph, Sydney, in
April and the former editor, Campbell
cation Services. The top media by advertising spending were: free-to-air TV,
AUS$3.44 bn; newspapers, AUS$3.25
bn (2003 CEASA figure); magazines
AUS$665 m; metropolitan radio, AUS
$557 m; Internet, AUS$388 m; outdoor,
AUS$327 m.
John Fairfax Holdings has paid AUS
$38.92 million for the leading online
dating Web site RSVP.com.au. CEO Fred
Hilmer said the acquisition was “consistent with our strategy to reduce our de-
2005
Lyn Maddock, an economist who had
acted as chair of the Australian Broadcasting Authority for a year, became the
acting chair of Australia’s new overarching media and telco regulator, the Australian Communications and Media Authority, on 1 July. A decision on a permanent chair was expected soon. Chris
Cheah, head of the telco division within
the Department of Communications, IT
and the Arts, is the deputy chair.
WAN increased its stranglehold on regional newspapers in Western Australia
with the acquisition in July of Geraldton
Newspapers, publisher of the Geraldton
Guardian and the Mid-West Mail and the
owner of two radio stations and Guardian Print. WAN made an off-market bid
for the company in May. The offer closed, unchallenged, allowing WAN to buy
the assets for AUS$11.8 million.
The West Australian and
its editor, Paul Armstrong,
were fined a total of
AUS$20,000 after pleading
guilty to contempt of court
in identifying a nine-yearold ward of the state
Fairfax CEO and former All Blacks rugby star, David Kirk addresses shareholders
at the Fairfax Annual General Meeting in Sydney, Australia, 18 November 2005.
(AP Photo/Andrew Caballero-Reynolds)
Reid, became the general manager of
Queensland Newspapers Pty Ltd, publisher of the Courier-Mail and the Sunday
Mail. Penberthy had been a columnist
with the Telegraph for a few years and
Reid, a former editor of the Australian,
1997-2001, had been editor of the Telegraph since 2001.
Advertising on the Internet grew four
times faster in 2004 than the average across most main media. Revenues of AUS
$388 million pushed the Web ahead of
billboard advertising for the first time.
Strong growth in general and classified
advertising and a booming search and
directories market resulted in online advertising rising 64 per cent last year, up
AUS$236 million from the previous year,
according to the Audit Bureau of Verifi-
pendence on the major metropolitan
(print) classifieds.”
News Ltd launched a free commuter
daily in Sydney on Monday, 4 July. It is
aimed at 18 to 34 year olds. By giving it
the same title as its Melbourne forebear,
mX, which had initially to fight off Fairfax’s Melbourne Express, News has enhanced the likelihood of the brand eventually attracting sufficient national advertising to make it profitable. The Melbourne
title (which had a readership of 144,000
in May) is regarded as “tremendously successful” by News CEO John Hartigan,
but it is still not making money. About
50,000 copies of the first issue of Sydney’s mX were distributed at seven railway stations around the CBD and via
news agencies.
Lachlan Murdoch, mentioned as a
possible successor to his father at the
helm of the family’s worldwide media
enterprise, has departed News Corporation’s executive ranks at the age of 33. His
resignation as deputy chief operating officer took effect on 31 August. He returned to Australia to live with wife Sarah
and son Kalan after paying AUS$7 million for a house at Bronte Beach, Sydney.
Born in London, Lachlan Murdoch
began working for News in the press hall
of the Daily Mirror in Sydney. He graduated from Princeton University and began his executive career at the age of 21 as
general manager of Queensland Newspapers Pty Ltd before being given responsibility for all of News’s operations in Australia. He joined the News Corp board in
1996. He took management control of
the company’s American newspapers in
2001 and has been credited with leading
the resurgence of the New York Post, a
newspaper that News bought out of insolvency in the 1990s. Lachlan and Sarah
Murdoch reportedly want their child to
grow up in Australia.
2005
News Limited chief executive John
Hartigan is the new chairman of the
company. He replaces Lachlan Murdoch.
According to the Australian on 12 August, News Corporation left the Australian Stock Exchange in August after reporting a 39 per cent increase in annual net
profit to AUS$2.75 billion and projecting its fourth consecutive year of doubledigit earnings growth.
Robert Whitehead relinquished the
editorship of the Sydney Morning Herald
(SMH) after five years to return to a commercial role. He is now the director of
marketing and newspaper sales for both
the SMH and the Sun-Herald. Alan Oakley, who had been editor of the Sunday
Age since 2003, replaced him.
It is against the law
to identify a juvenile in
the care of a WA government department
The West Australian and its editor,
Paul Armstrong, were fined a total of
AUS$20,000 after pleading guilty to
contempt of court in identifying a nineyear-old ward of the state.West Australian
Attorney-General Jim McGinty brought
the charges after the newspaper had published a series of articles that identified
the child. The boy, who suffers from attention deficit hyperactivity disorder, was
alleged to have been a serial burglar, but
could not be charged because of his age.
In consecutive editions of the newspaper,
Armstrong authorised the publication of
photographs and stories disclosing his
name, age, nickname and the suburb
where he lived. It is against the law to
identify a juvenile in the care of a WA
government department. In the WA Supreme Court on 23 August, Judge Len Roberts fined the newspaper $15,000 and
Armstrong $5,000, ordering the penalties
to be paid within three weeks. In its judgment, the court said the published photograph and the accompanying headline,
which referred to the child as a “suburban
terrorist”, clearly vilified him and caused
him prejudice.
John Brogden’s resignation as Leader
of the Opposition in the NSW Parliament and his attempted suicide a day later generated a full-scale debate on journalistic ethics: For instance, did Sydney’s
Daily Telegraph go too far in hounding
the disgraced politician? The Daily Telegraph strongly defended itself in an editorial on 1 September. News Ltd coverage
of the Brogden story sparked the resignation of the Australian’s NSW state reporter Andrew West. According to the journalists’ union, MEAA, West objected to
his name being placed on a story that he
did not write and which contained unsubstantiated material about Brogden’s
alleged indiscretions. Brogden resigned
from Parliament on 28 September at age
36. He had been a Member of the NSW
Legislative Assembly since 1996.
Australia’s sedition laws will contain a
new “public interest” defence to reflect
the concerns of media outlets and Coalition MPs that the provisions could harm
free speech. A special meeting of the Coalition Government party room approved
on 30 November further changes to the
planned anti-terror legislation after marathon negotiations. Under the changes,
terror suspects who are under 18 will secure greater protections, the Commonwealth Ombudsman will secure a greater
role and protocols will be developed over
new stop, search and question powers.
The legislation will prohibit a reliance on
hearsay evidence to extend control orders
that allow terror suspects to be held without charge for up to 12 months. The definition of a seditious intention will also
be tightened to ensure there is a direct
relationship with the intention to encourage the use of force or violence.
Australia’s sedition laws
will contain a new “public
interest” defence to
reflect the concerns of
media outlets and Coalition
MPs that the provisions
could harm free speech
The managing director the Australian
Broadcasting Corporation (ABC), Russell
Balding, refused to explain his deliberate
absence from an obligatory parliamentary interrogation by senators in Canberra in October. Both sides of parliament
criticised him for his failure to attend the
hearing of the Senate estimates communications committee. One senator said he
had 973 questions to put to Balding.
175
The Federal Government, despite having since July a majority in both Houses
of Parliament, decided in September to
abandon plans to radically reform Australia’s media landscape and will restrict
changes to cross-media and foreign ownership laws. The Government decided to
dump the big-ticket reform proposal outlined by Communications Minister Helen Coonan, preferring a narrower set of
changes. Plans to allow free-to-air television stations to offer multiple channels,
and the take-up of information services
known as data casting, were shelved. The
Government also abandoned plans for a
fourth commercial television licence in
each capital city, and delayed the phasing
out of analogue television because of the
slow take-up of more expensive digital
services.
The definition of a seditious intention will also be
tightened to ensure there is
a direct relationship with
the intention to encourage
the use of force or violence
Publishers have invested strongly in
expanding the magazine market in the
past year. There were four high-profile
magazine launches compared with one in
2004. The new titles are ACP’s Madison
in February and Real Living in August,
FPC’s Notebook in August, and News
Ltd’s Alpha in July. These four titles were
claiming advertising budgets of around
AUS$8 million. In addition, the granny
of Australian magazines, the Australian
Women’s Weekly (which is published
monthly), underwent a major revamp in
September, increasing its page size, and
including new sections, new columnists
and a “lighter, brighter” design. The Women’s Weekly had lost 6.2 per cent of its
circulation in the six months to 30 June,
with sales falling to around 640,000. It
was still the biggest selling magazine. G
176
2005
The Cook Islands
I
t is a truism to say that there are often
many problems for journalists in large
media environments; however, the Cook
Islands are evidence of the problems that
arise when it is too small. Perhaps the
most immediate concern is media concentration, as well as the fact that rather
than a broad and expansive government,
the Cook Islands is governed by a web of
interconnected groups and individuals.
The concentration existing in two of
these pivotal institutions has had a powerful impact on civil society. In the media, there are two organisations controlling much of the media, and, for this reason, the media can be both partisan and
aggressive. Such attitudes often place the
media on a collision course with a government that is extremely sensitive to its
own problems and weaknesses.
In consequence, as in previous years,
there were a number of heated disagreements between the two institutions, many of them involving media owner, and
sometime politician, George Pitt.
In 2005, there were concerns over the
failure of the government to name a replacement for its media relations office.
The previous head of Govmedia, as the
office is known, Cameron Scott, did not
have his contract renewed at the end of
2004 and he left to join the Pitt Media
Group.
I know who is behind
this… I must warn
cabinet that I will bring
this government down
When this matter was raised with Denise Rairi, the chief-of-staff in the Office
of the Prime Minister, she reportedly said
there would be a replacement, but it
would happen “much later” and that it
was not a government priority given relief
efforts being made due to the cyclones.
The government’s attitude towards Govmedia, which plays an important role on
the Islands, raised fears that the government was intending to close down the
service.
In a sign that this view was perhaps
premature, the government later announced that Bobby Tura would look after the
Govmedia Web site until a replacement
was found for Scott. Tura has a long history of working in the media and was the
Cook Islands’ first political talkback host
before being fired by the Pitt Media
Group some years ago.
One of the biggest questions concerning the Islands media environment is the
role of George Pitt. Given the smallness
of the media environment, Pitt exercises
considerable power on the Islands and he
often holds a dual role in both the media
and in government. This year saw him
again at the centre of events involving
these two institutions.
In October, Pitt was removed from his
position as the Chairman of the Rarotonga Electricity Authority after less than six
months into his new term. Based on a report from Radio New Zealand International, the Cook islands Investment Corporation was advised to terminate Pitt’s
term in office after a cabinet meeting
chaired by the acting Prime Minister Dr.
Terepai Maoate.
The termination brought a forceful
reply from Pitt. Speaking to the Cook Islands News, Pitt said, “I know who is behind this… I must warn cabinet that I
will bring this government down.” The
decision to sack Pitt appeared to be taken
while Prime Minister Jim Marurai was
out of the country attending the annual
Pacific Islands Forum, held in Papua
New Guinea.
Although Pitt’s brother, Trevor Pitt, is
an advisor to the Prime Minister, it appears the decision had the PM’s backing
after an unfavourable review concerning
fuel import prices. George Pitt is the
head of a family-owned business with
three weekly newspapers: the Cook Islands
Herald, the Cook Islands Times and the
Cook Islands Independent, and a private
television station, Cook Islands television
(CITV).
In November, there was a degree of
grandstanding as George Pitt and the government squared up over the question of
a television service transmitter and its
electricity supply. The arguments led to
accusations being traded between the two
sides with Pitt stating that the government’s actions were motivated by a minister’s desire for revenge after certain reports in his newspapers.
In reports carried by Radio New Zealand, the Minister of Internal Affairs, Rairi Rairi, said the transmitter of the CITV, would be prevented from receiving
the electricity supply provided by his ministry.
Replying, Pitt said that he had a contract with the owner of the transmitter,
Telecom, who allegedly agreed to pay the
costs of the electricity. Commenting on
the government decision, Pitt said that it
was entirely due to allegations in his media concerning Rairi’s daughter, the head
of the office of the Prime Minister, Denise Rairi. In response, Rairi said that Pitt
should leave his family alone.
The allegations over the electricity
supply also fed into a larger discussion
about broadcasting on the Islands. Indeed, there was a feeling that the arguments revealed the weakness of the current broadcasting system, and showed
how much the private sphere is reliant on
government.
In news reports around 14 November,
CITV announced that the government
threats to halt power for the television
station had been withdrawn. Despite
this, Rairi claimed that the Pitt Media
Group was guilty of inaccurate reporting.
“This will be the first and the last time
that I will reply to any wild accusation
that the Pitt media is making against my
family,” Rairi was quoted as saying.
In a letter to an opposition newspaper,
Rairi wrote, “George, you have definitely
lost the plot. How many more people are
[you] threatening, how many more are
you laying charges against?” He then invited Pitt to “read the rebuttal reports to
the audit report that may bring you out
from the dark?”
In November, there was
a degree of grandstanding
as George Pitt and the
government squared up
over the question of a television service transmitter
Aside from the media, there was also
an incident involving freedom of expression concerning a whistle blowers’ exposure of wrongdoing in the Islands’ police
force.
On 23 November, the Chief Justice of
the Cook Islands, David Williams, found
the Minister of Police, Peri Vaevae, guilty
of three counts of dealing with documents with the intention to defraud. The
case revolved around building supplies
purchased with funds provided by the
government.
2005
177
George Pitt who welcomed the legal
decision laid down the initial complaint.
“It shows that now that there are some
very, very brave people in this Ministry
that were prepared to blow the whistle, so
to speak, or actually just tell the truth,
and being the Minister of Police, it was
quite significant that his own Ministry
was prepared to investigate,” Pitt said.
In April, there were discussions afoot
about reforms to the broadcasting regime
on the Cook Islands. According to an industry representative sitting on the government’s broadcasting council, Florence
Syme-Buchanan, although there were
wide-ranging changes about to be made,
resulting from proposed legislation, media on the islands were surprisingly quiet.
“George, you have definitely lost the plot. How
many more people are
[you] threatening, how
many more are you laying
charges against?”
Syme-Buchanan expressed the view
that she felt there were some in the media
who hoped the draft legislation would
merely go away. “As an industry, the media has led calls for reform,” she said before going on to say, “And yet when it
comes time to make any changes, it seems
our media organisation can be as deaf
and blind as some of our politicians.”
“I’ve contacted all local media, stressing that we have this fantastic opportunity to decide what shape we want our media policy to take, and almost no one has
given me feedback,” Syme-Buchanan
continued.
On 16 September, the Web site, Rarotonga, announced that the New Zealand
government had agreed to provide funding for satellite services for the South Pacific, including the Cook Islands. The
initial funding will allow the New Zealand government to carry out research in
order to discover the best type of receiver.
In providing the funding, the government also hopes to provide programming
G
that is of interest to the region.
Residents inspect the aftermath of cyclone Meena in Avarua, the Island
of Rarotonga, Cook Islands, 7 February 2005.
(AP Photo/Jason Brown)
178
2005
Fiji
F
iji is a country where press freedom
has improved since the May 2000
coup. Nevertheless, there are still concerns over public broadcasting and, while
the creation of a regulatory authority is to
be welcomed, the Fiji government will
have to work hard to convince the international community that this body exists
to regulate and not to ensure that the
government’s views are reflected in the
broadcaster.
One of the most important issues in
2005 was the question of whether there
was protection for a journalist’s sources
under Fiji law. In a media Forum on
Ethics and Journalism, held in April, a
High Court Judge, Justice Nazhat Shameem, told her audience that the law in Fiji
does not recognise a journalist’s right to
protect his sources, and that journalists
attempting to do so would be held in
contempt of court.
Based on reports about the Forum,
Shameem reportedly said that if a court
orders a disclosure of the source, “…you
[as a journalist] will then have a choice of
disclosing because you are ordered by the
Court or refusing to disclose which is really an act of civil disobedience and going
to prison if necessary. It is a very hard call
for any journalist.”
Richard Naidu, said the
law does not recognize the
media’s right to protection
of sources because there
is no journalism act protecting this right
Also speaking at the Forum, journalist
and lawyer, Richard Naidu, said the law
does not recognize the media’s right to
protection of sources because there is no
journalism act protecting this right. On
the other hand, another speaker, Captain
Neumi Leweni, a spokesperson with the
Fijian military, said the media could, on
occasion, be a weapon of violence for
communicating intolerance and misinformation. “Journalism is the most important channel of communication between sides in a conflict,” Leweni was quoted as saying.
Responding to the comments at the
Forum, IFJ issued a statement on 26 April that highlighted a recent press freedom
violation, and the attempt by the govern-
ment to force Fiji Television journalists to
reveal their sources for a statement connected to the May 2000 coup.
According to IFJ, on 18 and 19 April,
Fiji Television ran two separate stories based on an initial police statement from
Lieutenant-Colonel Viliame Seruvakula.
Seruvakula stating that he was offered
money to side with rebel-leader George
Speight.
In compliance with the
law, the television station
handed over Seruvakula’s
statement, but refused to
divulge the source
After these reports, the police, armed
with a search warrant, searched the premises of Fiji Television. However, in compliance with the law, the television station handed over Seruvakula’s statement,
but refused to divulge the source. “Using
heavy-handed tactics to force journalists
to reveal their sources will only stifle independent media in Fiji at a time when
the country is in need of a strong and independent press,” said IFJ.
In late September, it was reported that
the Suva High Court Judge, Justice Nazhat Shameem, ordered the partly government owned Daily Post to apologise for
reporting on a case that she had ordered
the media not to comment on.
Based on reports from Radio Legend,
the Daily Post published the comments of
Information Minister Marieta Rigamoto,
after the chief executive of the Prime Minister’s office had been summoned to
court and reprimanded for expressing his
views on the case. The case involves a
US$13 million agricultural ministry
fraud.
Another aspect of the Fijian media
scene is the ongoing debate over the role
of the media and their need to be responsible. Hardly a year passes without the Fijian government calling on the media to
report responsibly, and this year was no
exception with Fiji’s Minister for Women,
Social Welfare and Poverty Alleviation,
Adi Asenaca Caucau, stating that the media should behave responsibly and report
positively.
Adi Asenaca’s comments were made at
the opening of a Pacific Regional Media
Training Workshop on “Women’s Issues,
Women’s Voices” at the Secretariat of the
Pacific Community(SPC) Regional Media Centre in Suva in January. In particular, the minister highlighted her own
experience at being misquoted. Speaking
about the work of editors, she said that it
was their job to establish a rapport with
news sources and to have an appreciation
of different cultures.
“There seems to be a lot of love-hate
relationships in Fiji today, between so
many and the media, simply because
there… [is so much] negative reporting
and a serious lack of understanding on
journalists’ part on working on reports or
their stories,” Adi Asenaca said. The Pacific Regional Office sponsored the meeting for the United Nations Development
Fund for Women (UNIFEM) and AusAID.
China has spent a considerable
amount of time in the Pacific cultivating
relationships with the countries and territories in this region. Despite this hard
work, however, 2005 saw a Chinese company fall out with the Fiji government
over the country’s failure to supply it with
a television licence.
China has spent a considerable amount of time in the
Pacific cultivating relationships with the countries and
territories in this region
Based on news reports, Chinese company Fu Shun Television threatened to
sue the Fiji Government for failing to
honour its promise of a television licence.
The director of the company said, “If we
are incompatible with the requirement of
the Government, why did the Government approve Fu Shun TV?”
Yan said the Fiji government was delaying the delivery of the license, despite
the fact that the application had been
made three years ago. Responding, the
Fiji government said it was following the
process laid down regarding licenses and
that it had informed the Chinese company of this fact.
Another important issue was the government’s decision in early January to sell
off its 46.4 per cent holding in the Daily
Post newspaper. Speaking on behalf of the
Fiji government, the Chief Executive Officer for the Ministry of Public Enterpri-
2005
179
French Polynesia
se, Parmesh Chand, said the decision followed recognition by the government
that the Daily Post did not represent a
core investment and also because of its
poor financial record.
Before 3 May – World Press Freedom
Day – the Fiji media took the occasion to
reflect on their role and the challenges
they face in the country. Fiji Media
Council chairman Daryl Tarte said there
were concerns about the media’s future,
“Unless we continually strive for higher
standards and comply with the code of
ethics and practice we could jeopardise
not just media freedom, but also democracy.”
“Freedom of speech, media freedom
and democracy go hand in hand. Wherever these fundamental freedoms are suppressed there are usually autocratic dictatorships… As we read the free press today
or listen to the free radio or watch TV let
us think of those millions of people
throughout the world who are allowed to
read, listen to or watch only what the authorities permit. Theirs is a dark world,”
Tarte went on to say.
On 21 October, Fiji Television Ltd.
signed an exclusive five-year contract with
the Tonga Broadcasting Commission
(TBC) for the distribution of rugby and
other programming about Tonga. Speaking in Suva, TV executive Ken Clark said,
“This move is significant for us because it
heralds the start of similar partnerships
being forged with broadcasters and other
companies in other Pacific island countries.”
Another important
issue was the government’s
decision in early January
to sell off its 46.4 per cent
holding in the Daily
Post newspaper
In November, the Fiji Times reported
that the Fiji government was drafting a
new broadcasting law that would create a
broadcasting standards authority to monitor public service broadcasting. Information Minister Marieta Rigamoto said,
“Amongst other things, the draft bill has
been developed principally out of the recommendations of a two-member technical consultancy, funded by the Asia-Pacific Institute for Broadcasting Develop-
ment.” She also said that the government
would consult with media stakeholders,
as well as the Media Council.
During Summer there was political
tension as Fiji’s Labour Party filed a writ
against the Daily Post newspaper after an
article alleging that the party made an
amnesty deal with an extremist party
allowing for the release of coup convict
George Speight.
According to a front-page story that
quoted unnamed sources, the discussions
took place after the 2001 general elections. Responding on television, Labour
leader Mahendra Chaudhry, whose coalition government was ousted by the
Speight coup, described the report as
“scurrilous lies” and “rotten journalism.”
Let us think of those
millions of people throughout the world who are
allowed to read, listen to
or watch only what the
authorities permit. Theirs
is a dark world
Challenging the comments of the politicians, Daily Post news editor Iliesa Tora, who wrote the story, said the newspaper was already facing a financial crisis,
and it would never take the risk of reporting the article and facing a court writ if
its source was not credible.
Also in July, there were accusations
that press freedom was being gagged
when Radio Pasifik was apparently taken
off the air in the dining hall of the University of the South Pacific. The closure
followed a talkback show during which
students made complaints about the quality of the food in the dining hall.
Radio Pasifik is the student community radio station at the university’s Laucala
Campus in Suva. The violation was denied by the hall’s staff who said the station had been taken off the air because
of changing preferences among the stuG
dents.
B
y-elections in French Polynesia in
February provided a welcome opportunity for political change, which could
provide greater economic opportunities
for the people of this “overseas country.”
In the by-elections, on 13 February, the
Union for Democracy (UPLD) coalition
made significant advances, and the success paved the way for Oscar Temaru to
be voted the new president, ousting former president, Gaston Flosse.
Regarding the media, the question of
broadcasting remains essential and the
regulatory authority did its best to ensure
that there was impartial election reporting. On the whole, this was successful,
with the broadcasting media reporting in
a fairly balanced and unbiased manner.
Elsewhere, one of the most important developments concerned the unsolved mystery of a journalist Jean Pascal Couraud’s
disappearance in 1997, and continuing
attempts by his family to discover what
happened to him.
The case involves the possibility that it
might be connected to the disappearance
of a leading French Polynesian politician,
Celine Leontieff, in 2002, while flying to
Tuamotu Islands in a light airplane. Leontieff ’s widow believes that the two disappearances might be connected. Indeed,
before his disappearance, Couraud worked as the politician’s media advisor.
We think that they’re going
to help us… [get to the]
truth about… this story
Despite the official view that the journalist might have committed suicide, in
February, Couraud’s family met a judge
after lodging a complaint of murder
against persons unknown. The new complaint was made after a former spy, Vetea
Guilloux, who worked for the President’s
armed Polynesian Intervention Group
(GIP), claimed that members of the
group told him that the journalist had
been drowned off Tahiti.
The GIP is important to the region. It
was set up with a general mandate to provide assistance to populations stricken by
natural disasters, both in French Polynesia and elsewhere in the region. However,
the organisation went outside its original
mandate and created an intelligence unit,
which participated in certain political
activities on behalf of the then French
180
2005
Guam
S
Polynesian President, Gaston Flosse.
The Couraud’s family welcomed moves to reopen the case and the possibility
that the journalist’s death could be solved. “At this stage we are very happy for
the first time,” said Couraud’s brother
Philippe Couraud. “We think that they’re
going to help us… [get to the] truth
about… this story.”
Following the revelations in the Couraud case, Leontieff ’s widow wrote to the
interim president of the Assembly of
French Polynesia, Hiro Tefaarere, to call
for an official inquiry into her own husband’s death.
After hearing the case,
the appeal court upheld the
original one-year sentence
with 11 months suspended.
By the end of the year,
Guilloux had appealed to
a Paris court
“Mr President,” she wrote, “next 23rd
May will be the third anniversary of the
disappearance of my husband, Mr. Boris
Léontieff and of his friends in the Tuamotu group. During the last three years,
they have of course been warmly honoured; but hardly anything [has] moved
with regard to [the] discovery of the
truth.”
However, there was a set back for the
calls for inquiries when, in October, the
former spy Guilloux was convicted of ly-
Militants wave the Tavini pro-independence party flag, left, and the Tahitian
flag, background right, outside a
polling station in Papeete, Tahiti,
13 February 2005, as voters cast their
ballots in a partial legislative election.
(AP Photo/Claude Savriacouty)
ing about the disappearance of Couraud.
The former spy was initially convicted of
malicious slander by the courts, but was
later freed pending an appeal. After hearing the case, the appeal court upheld the
original one-year sentence with 11
months suspended. By the end of the
year, Guilloux had appealed to a Paris
court.
Before the by-elections in February,
there were warnings issued by the French
broadcasting authority, CSA, to one of
the public broadcasters, Tahiti Nui TV, to
remain impartial. The advisory followed
complaints about a previous debate
among political leaders, which apparently favoured then President, Gaston Flosse.
In March, the CSA said that campaign
coverage by RFO and Tahiti Nui Television was fair between 7 January to 4
February, 2005, in the lead up to the elections. The Tahiti Press Agency reported
that between these dates CSA members
ruled that broadcast media had followed
the necessary equity and balance needed
when interviewing politicians. In a caveat, the regulatory body said, “On the
other hand, in the area of news not related to elections, total speaking time allotted during this time for politicians on
TNTV favours the government of French
G
Polynesia.”
ituated at the southernmost point of
the Marianas with Hawaii, on the one
side, and Japan on the other, Guam is a
U.S. territory with strong connections to
the U.S. mainland. The territory is largely known for its U.S. military presence,
and it has become increasingly important
to the Bush administration in light of Japan’s wish for U.S. soldiers to relocate
from Okinawa. In October, Japan and the
U.S. agreed to move American Marine
forces to Guam.
Given Guam’s status as a key U.S. military base, the territory has a number of
American influences and unlike, some of
its neighbours, it also has a fairly strong
telecommunications infastructure. The
Guam Telephone Authority (GTA) was
privatised and sold on 2 January, and
since then it has gone on to offer a number of different communications services.
According to its Web site, the GTA was
the last known government run and government owned telecommunications utility in the entire United States and its territories.
Elsewhere, there are some 7,000 business lines and a further 1,000 government lines. It is estimated that, in 2003,
around 5,000 people had access to the
Internet and it is continuing to grow.
There are also 55,000 mobile phones
users, drawn from a population of over
160,000. This is about average for the
region where less than half the population have use of mobile phones.
Offending parents
had until that date to pay
the amount owed
Aside from telecommunications, the
territory also has a solid media environment, and the Pacific Daily News provides good coverage of news events. At
present, the newspaper prints 20,000 copies for distribution in Guam, the Marianas and Micronesia.
As reported in the Pacific Daily News,
in October, an important ethical question was raised by Guam’s Attorney General’s Office (AGO) announcement that
it intended to “name and shame” delinquent parents who had failed to pay
court-ordered child support. The AGO
said it would publish the names of the
individuals on 15 November in newspaper advertisements. Offending parents
2005
181
Kiribati
had until that date to pay the amount
owed. Commenting on the move, the
AGO said it aimed to “shame the parents
into paying.”
In order to reach out to the Japanese
community in the territory, particularly
after the communications difficulties arising after the 1993 earthquake on Guam,
the Pacific Daily News reported that a
new FM radio station –KIJI FM 104, or
TenFour– had started broadcasting on 1
September. The station will concentrate
on the Japanese language and explore
G
Japanese culture.
P
reviously known as the Gilbert Islands, Kiribati – a group of 33 atolls
– gained its independence from the United Kingdom in 1979. This year was a
significant one for the relationship between government and the media as the
Kiribati president faced calls for his resignation; in addition, there were calls for
greater media responsibility, as well as a
review of press freedom on the atolls.
Although there are moves towards the
creation of a digital shortwave service, the
media and telecommunications environment remains weak. At present, the
country does not appear to have its own
voluntary and independent media codes,
and there is a real need for the media to
join together with local and regional
media organisations to create their own
codes of conduct.
In July, President Anote Tong found
himself under pressure from religious and
political leaders over a scandal concerning teenage girls from Kiribati having under age sex with Korean fishermen. The
story was originally highlighted by Korean non-governmental organisations who
said that the fishermen were having sex
with girls as young as 12 years old. The
revelations created a scandal on Kiribati
that soon engulfed the president, leading
to the head of the Catholic Church in the
country calling for Tong to resign. Reporting on the issue, PAC news described the
president’s failure to resolve the issue as
worrying.
At present, the country
does not appear to have
its own voluntary and
independent media codes
In August, comments by the Kiribati
government placed press freedom at the
centre of the political debate. Speaking
about the issue, Information Minister Natan Tewe said that while the government
would not restrict the media, it would
call for more responsible reporting. Tewe
said, “They are not a nuisance if they report the facts, but they pick on certain
things and they keep on repeating it, trying to put that message across to the public, and that’s unfair, it’s one-sided reporting on their part. That’s irresponsible.
That’s [a] nuisance.”
The comments of the information minister ignited public debate, and it was
further fuelled by criticisms of Parliamentary Speaker Etera Teangana by the Catholic Church. The comments were related to allegations of public overspending
and were reported on Radio Kiribati.
They led a number of ministers to denounce the reporting. Information Minister, Tewe accused the local media of
being irresponsible and causing a “public
nuisance.” In response, the public broadcaster, the Broadcasting and Publications
Authority said, “[T]he BPA would continue to inform, educate and entertain
the public at large as stipulated in the
BPA Act.”
Early in January, a satellite failure had
a direct impact on Kiribati, among other
countries, leaving it without proper telephone and Internet communications.
New Zealand Telecom struggled to repair
the breakdown and many businesses and
individuals were prevented from communicating. The problems were eventually
G
resolved.
182
Marshall Islands
A
rticle II, section 1 of the Constitution of the Republic of the Marshall
Islands (RMI) states, “Every person has
the right to freedom of thought, conscience and belief; to freedom of speech and
of the press...” In both tone and outlook,
the section reflects the U.S. First Amendment, and also establishes the RMI as a
country seeking to uphold these values.
As in other parts of the pacific, the problem is that these values are often undermined not by deliberate attempts to
weaken press freedom, but by the media
environment itself and a lack of government funding.
According to a report produced in
2005 titled, “Summary of Key Findings
and Issues” and distributed by the RMI’s
Economic Policy, Planning and Statistics
Office (EPPSO), the RMI has striven to
maintain stability in both the social and
political spheres, and there has been an
apparent strengthening of the “public
voice.” This is a reference to the independent media, which consists of a private newspaper, new private radio stations
and a private television station.
Unfortunately, the report also highlights some of the problems for the government of the RMI. In particular, there
are problems regarding poverty, unemployment, social stress, violent crime and
substance abuse. As the report states in its
conclusion: “Poor governance and poor
basic human development have created a
crisis.”
As the report states in its
conclusion: “Poor governance and poor basic
human development have
created a crisis.”
Another problem is the very geography of the Marshall Islands and the other
territories forming the Pacific Islands.
While life on these islands may appear to
be ideal, the lack of an integrated communications infrastructure can make
everyday life extremely difficult. For instance, weak satellite communications, a
dependency on radio communication
and poor access to the Internet mean that
communications on the Marshall Islands
is restricted. As an example, according to
news reports: for a family to have the
Internet on the Marshall Islands it would
cost them US$10 for every three hours of
usage.
The result is that the whole region is
in need of ongoing funding from donors;
moreover, it is extremely difficult to get
telecommunications companies to work
in an environment that has been described by some as more challenging than
parts of Africa. Moreover, the funding of
different projects has led to a variety of
different approaches with very little integration. In consequence, while there are
few press freedom violations on the Marshall Islands, it is the infrastructure that
prevents a more fluid and open media environment.
While there are few press
freedom violations on the
Marshall Islands, it is the
infrastructure that prevents
a more fluid and open
media environment
These difficulties and other issues were discussed at a 2 February Media Transparency and Governance workshop. One
of the most significant problems is the
fact that only radio V7AB reaches the
entire population of the RMI. On the
subject of transparency and governance,
there was discussion of a specific policy
for the national broadcaster and its relationship with media freedom and communication. At the end of the meeting,
the workshop group expressed their hope
that the policy would be accepted by the
RMI cabinet and adopted as official
policy. The workshop was sponsored by
UNESCO’s International Programme for
the Development of Communication
G
(IPDC).
2005
Nauru
A
lready facing a rising sea, the small
island of Nauru had to resolve a
number of problems this year that also
threatened to engulf it. The difficulties
underlined how isolated the country is,
and how much it needs the support of
the international community to survive.
While little happened in terms of the
media, the supreme difficulties that the
island has to overcome impact the media
environment making it extremely challenging.
One of the most vexatious problems is
communication with the outside world.
Given the islands position, and the fact
that the Pacific Islands are not fully serviced by satellite, there is an ongoing need
to help islands such as Nauru create
affordable access to the Internet. This
would not only allow the islands spread
out in the South Pacific to contact each
other, it would also have benefits in the
form of e-governance, education and
medicine. Once again, however, the poor
communications infrastructure, a lack of
trained staff and other factors is preventing Nauru from taking advantage of these
benefits.
In terms of journalism, Nauru is capable of producing home grown talent, but
those journalists are being trained abroad
and may well choose to live abroad, thus
depriving the island of individuals capable of explaining the needs of the tiny
republic. In November, journalism students at the University of the South Pacific held their annual awards ceremony.
With awards being handed out by
sponsors, the Radio Australia prize &
Storyboard award for Regional Journalism Awarded to a Graduating Student
went to Joanna Olssen of Nauru. Speaking of Olssen’s award, the Journalism
School’s coordinator, Shailendra Singh,
said, “This prize recognises excellence in
reporting regional issues and events and
is awarded to a graduating student. It
goes to Joanna Olsson of Nauru for outstanding stories on Nauruan second
world war survivors and other reports
about the region.”
Outside of media issues, the loss of Air
Nauru 737 to a credit agency in the United States provided further evidence of
the parlous state of the country. The 737,
which was recovered by the credit agency
after the loss of a court case, was Nauru’s
only passenger jet and its loss threatened
its tourism trade. In a vain attempt to
2005
183
New Zealand
recover the airplane, the Nauru government approached the U.S. government
and argued that the repossession of the
airplane undermined American promises
of aid. The plea was rejected. The Taiwanese government later stepped into the
breach and offered to provide the country
with financial aid and technological assistance.
The Taiwanese government later stepped into the
breach and offered to
provide the country with
financial aid and technological assistance
In another depressing sign of Nauru’s
failings, an Agence France-Presse report
in late September quoted a report highlighting poor governance in four countries in the region – Papua New Guinea,
Fiji, the Solomon Islands and Nauru.
The report said that the four countries
had lost the combined sum of US$75 billion in the three decades since they each
became independent. The report concluded by arguing that there needed to be
greater integration and a liberalisation of
labour. In addition, the report advised
that new bodies in the country
should be created tasked with the role of
G
listening to citizens’ complaints.
I
n 2005, all eyes were focused on the 17
September elections that saw Clark’s
Labour party squeak past the National
party. The slim majority forced Clark to
stitch together a government with the
support of minority support, but it also
allowed her to enter her third term as the
country’s prime minister.
Regarding journalism, New Zealand
has a lively media environment that benefits from a number of competing media
organisations, particularly in the newspaper sector, as well as a broadcasting sector
that meets high standards. If the media
have suffered at all, it is often in its relationship with a government that has occasionally been dictatorial and somewhat
hasty in asserting the supposed rights of
ministers over the media.
given by the previous holder of her position.
Commenting on the issue for the government, Wynne Price of the government’s reporting services, highlighted the
difficulties of having so many different
camera teams in the chamber at the same
time. He also said that the cameras would
be “physically intrusive.” However, he
said the exclusion order would not prevent one off filming for special occasions.
The head of TVNZ, Bill Ralston, was
quoted in news reports as saying, “We
will lose an element of editorial control to
Parliament or whoever their contractor is
in doing these pictures. We’ve got a very
satisfactory system at the moment and I
can’t see what the problem is.”
Labour leader and Prime Minister
Helen Clark talks at a press
conference, held at the Langley
Hotel, the day after the general
election, Auckland, New Zealand,
18 September 2005.
(AP Photo/Jeff Brass)
One of the most interesting aspects of
the New Zealand media environment is
the strength of Maori pressure groups
who have fought hard for better media
coverage, as well as greater representation
in what has largely been an English speaking media profession. These groups have
not only raised awareness among the
media, but also started an ongoing debate
that is beneficial to the country as a
whole.
In a discussion about cameras in parliament in March, it was decided that television news cameras would be prevented
from filming in the debating chamber,
even though a tax paying broadcasting
system will be allowed to do so. According to reports, the decision has caused a
rift between politicians and the main
broadcasters. Both representatives of TVNZ and TV3 said they would approach
the speaker of the house and remind her
of an undertaking allowing news cameras
In addition, in March, there was controversy surrounding the decision that
English language broadcasters would not
be eligible to compete in the New Zealand Maori Media Awards. A number of
media organisations complained that the
decision also excluded some urban radio
stations.
“It’s not about elitism, it’s
about promoting the Maori
language…We are not anti
the English language”
Responding to the criticism, Te Whakaruruhau o Nga Reo Irirangi Maori
chairman Hone Harawira said the awards
were designed to promote the Maori language “It’s not about elitism, it’s about
promoting the Maori language…We are
not anti the English language.” Radio
Waatea general manager, Willie Jackson,
184
2005
said he wanted the awards to concentrate
on the high standard of Maori media and
said that the event should “not [be] about
te reo fundamentalists pushing an elitist
agenda.”
Having got involved in a spat with the
New Zealand government over access to
parliament, TVNZ head Ralston was later reported by Pacific Media Watch to
have verbally attacked some of his colleagues in other broadcasters. The news
report quoted Ralston as saying that if he
were the head of Prime, owned by Australia’s Channel Nine, he would pour petrol over himself and leap off a tall building. Responding, other TV executives said
the comments were unbecoming of a television executive.
“Beyond that, there is
nothing to suggest that his
[the original source] allegations are true and a
good deal that points to
them not being true”
“Bill Ralston holds a very senior position in a government-owned entity as
head of news and current affairs for this
country’s state broadcaster. It saddens
and surprises me greatly that anyone in
this business, in his position, would
stoop to that level of [such] talk. That’s a
sad day,” said Prime chief executive Chris
Taylor.
In April, Jon Stephenson, a New Zealand journalist, scooped the Bruce Jesson
Foundation’s Criticial Writing Award for
his reporting of the US invasions of
Afghanistan and Iraq. Based on reports
from Pacific Media Watch the yearly
award is given for “critical, informed,
analytical and creative journalism or writing which will contribute to public debate in New Zealand on an important
issue or issues.” Jon Stephenson reported
for the Sunday Star-Times from Afghanistan in December 2001 and has made several trips to Iraq since April 2003.
A major news story in 2005 was the
April allegation that the New Zealand
Secret Intelligence Service (SIS) spied on
Maori groups for the government. The
report appeared in the Sunday Star-Times
and the article alleged that the spying had
a political purpose. Under pressure to
examine the story, Prime Minister Helen
Clarke initiated an official investigation
led by Justice Paul Neazor.
The justice’s inquiry, which had full
access to the SIS, said there was no evidence that spying had taken place. He
said the claims published in November
2004 were a “work of fiction.” Nezor
said, “Beyond that, there is nothing to
suggest that his [the original source] allegations are true and a good deal that
points to them not being true.” Commenting on the report, Clarke said that
newspapers reporting the original story
had been hoaxed and should now apologise.
He also said it was alarming
that the article got through
the various levels of scrutiny
papers applied by newspapers to their stories
A story going back to the start of the
new century also occupied the media.
The story concerned the Prime Minister
and her alleged involvement in an undisclosed interview with the Sunday StarTimes over the interference of a former
senior police officer in a police investigation. The owners of the newspaper, Fairfax group, apparently exposed Clarke’s
involvement in the story. The revelation,
which became public knowledge due to
an ongoing civil defamation case, sparked
off journalists’ fears that the newspaper
chain was failing to protect sources.
National Party leader Don Brash speaks to
the media after casting his vote in his electorate of Tamaki in Auckland, New Zealand,
17 September 2005. (AP Photo/Geoff Dale)
However, the Fairfax group has strongly
denied its involvement in outing Clarke
and has also moved to allay journalists’
fears.
A controversial news story, this time
about the media itself, in August, undermined the media’s credibility in the eyes
of the public. However, the actions of the
media organisation concerned won plaudits from media commentators. The controversy started with the admission from
The Herald on Sunday reporter, John Manukia, that in a story concerning policing
in Auckland he had made up various
comments. Faced with the possibility of
damage to its credibility, the newspaper
decided to fire the offending reporter.
Commenting on the issue, Jim Tully,
who heads the political science and communication department at Canterbury
University, said that the reporter’s admissions were a severe blow to the newspaper’s reputation. He also said it was alarming that the article got through the various levels of scrutiny papers applied by
G
newspapers to their stories.
2005
185
Papua New Guinea
Papua New Guinea’s Prime Minister
Sir Michael Somare, seen in Tokyo
3in this 14 February 2005 file photo.
(AP Photo/Kimimasa Mayama, POOL)
T
his was the year in which Papua
New Guinea celebrated its 30-year
independence anniversary. The celebrations concentrated on the distance the
country has travelled since the early days
of independence.
Nevertheless, those 30 years have not
always been easy. The country has had to
deal with a number of important issues
such as corruption, political in-fighting
and a struggle for independence. All of
these problems are foreshadowed by a
society that has a high incidence of gun
crime and little tolerance for outside
intervention. There is also a feeling that
funds raised from natural resources have
not always been well spent.
The regulator warned
that the deal would not be
automatically accepted
In terms of the media, there is a concentration on radio broadcasting, but an
increasing awareness that television is of
growing importance. The newspaper sector reports on a number of burning issues
in PNG society and in 2005 this included the spat between neighbouring Australia and the government of Prime Minister Sir Michael Somare.
With broadcasting being the most important media in the South Seas, there
were concerns in early January over the
October 2004 purchase by Fiji TV of
PNG’s sole free-to-air station, EMTV.
The telecommunications regulator Pangtel had voiced early concerns that it had
not been advised of the sale of the broadcaster by its owner of 17 years, Media Niugini Ltd., a subsidiary of an Australian
media group. Indeed, the regulator warned that the deal would not be automatically accepted, as there was a need for an
assessment of Fiji TV’s capabilities.
However, there was later an announcement by the management of Fiji TV
that all issues between the broadcaster
and the regulator had been resolved.
Speaking about the issue, Fiji TV chief
executive, Ken Clarke, said that the parties had reached agreement and that all
issues related to the license transfer had
been satisfactorily resolved.
On the subject of the professionalism
of journalists, in July, the Council training co-ordinator and Post-Courier editor-in-chief, Oseah Philemon, told graduates at the National Research Institute
in the capital Port Moresby that it was
the aim of the council to produce competent media professionals. Philemon also said it was the council’s intention to
keep sending journalists to courses on
economics so that the number of journalists in this field would increase. In addition, commenting on the same issue, the
First Secretary of the Australian High
Commission David Lewis said the Australian Government would continue to
support the PNG media industry so
more journalists were able to attend such
courses.
April saw an argument flare up which
had implications for access to information and the right of the media to report.
The row occurred when Sue Ahearn, an
Australian journalist on attachment with
the Solomon Islands Broadcasting Corporation (SIBC), was asked to leave the
room where the PNG’s Prime Minister
Sir Michael Somare and his delegation
were spending a 45-minute stopover at
Honiara Airport before flying on to New
Caledonia.
According to an SIBC reporter, the
journalists were talking to Somare when a
police officer approached Ahearn and
escorted her from the VIP lounge. The
behaviour of the Prime Minister followed
a growing row between Australia and the
PNG. It is believed to have started when
at a routine airport security check to enter Australia, Somare was forced to take
off his shoes. In what some believed to be
retaliation for that indignity, the PNG’s
supreme court later lifted immunity for
Australian police officers. The court decision escalated the disagreement.
According to an SIBC
reporter, the journalists
were talking to Somare
when a police officer approached Ahearn and escorted
her from the VIP lounge
Reacting to the treatment of Ahearn,
the chief of the SIBC, Dykes Agiki, condemned the action. In a statement, SIBC
General Manager, Dykes Angiki, warned
that the Solomon Islands authorities
should be mindful of being dragged into
other people’s problems against the
country’s long-standing foreign policy of
being a friend to all and enemy to none.
Towards the end of the year, Somare
issued a statement calling on the National Broadcasting Corporation to produce
more radio programmes in the Pidgin
and Motu languages as a means of reach-
186
2005
Pitcairn Island
ing out to more rural communities in the
country. The statement came as Somare
launched a new digital studio at the
NBC’s office in Port Moresby. Before the
opening of the news studio, NBC had
been broadcasting with very old communications equipment. In the statement,
the prime minister also made it clear that,
ultimately, he would like to see the NBC
enter television broadcasting.
Based on a report from the PNG
newspaper, The National, on 28 December, the theft of its power supply unit
forced Radio Chimbu off the air. One of
19 provincial radios stations which works
under the umbrella of the NBC, the station was forced to stop broadcasting on 9
December. In an announcement, Radio
manager, Jack Wera, said, “We cannot
broadcast without the availability of the
power supply, the microphones and
headphones.” He said the station was
waiting for replacements and called on
PNG citizens to assist in the investigation
to find the people who committed the
G
theft.
W
ith regard to the media situation
on Pitcairn Island, there are various organisations such as the California
based Pitcairn Islands Study Center,
which publishes the on-line Pitcairn
News. Another study group, this time in
the United Kingdom, publishes the UK
Log, while its American sister organisation publishes the Pitcairn Log. Located
on the island, the monthly Pitcairn Miscellany, which started in 1959, publishes
to over 3,000 people around the world.
In May 2004, an online edition was created.
As with last year, the island was transfixed by the ongoing story of the legal
proceedings arising from claims of the
rape and abuse of women by some of the
island’s men.
After being found guilty of the rape of
young girls in 2004, the cases involving
the men from the Pitcairn Islands moved
this year to the appeal courts with a special session being held in New Zealand.
The cases are possibly some of the strangest held under British law. In the original hearings, British officials claimed that
the island is the UK’s last territory in the
South Pacific and that it is governed by a
number of ordinances supported by British law regarding more serious offences,
including rape.
As with last year, the
island was transfixed by the
ongoing story of the legal
proceedings arising from
claims of the rape and abuse
of women by some of the
island’s men
The trial threatened to destroy the island’s fragile economy with many of the
Island’s small male population accused of
raping women on the Island. To reinforce
both the strangeness of the case, as well as
the island’s size, some of those accused
actually transported the judge and prosecutors to the island, as well as helped
them turn the island’s community hall
into a courtroom. Women who suffered
the attacks provided evidence via a satellite link from New Zealand.
On 25 October, six of the men were
found guilty, but because of the shortage
of men on the island it was agreed they
would serve their sentences in a prison on
the island that would allow them out on
a daily basis to carry out essential duties.
Some of those found guilty appealed
to the Pitcairn Supreme Court, which
sat in Auckland, New Zealand. However, the court rejected the appeal. In
May, the men won the right to remain
on bail until a hearing before Britain’s
Privy Council, which will hear the argument that Britain had no right to apply
its own legal system to the island. It is
expected that the appeal will be heard in
G
early 2006.
2005
187
Samoa
W
ith the possibility of a boycott of a
Pacific Islands News Agency
(PINA) convention over New Zealand
journalist Michael Field, the announcement of a new family-orientated television station, the row over a communications tower on an ancient religious site
and claims of unfair treatment by an FM
radio station, 2005 was an interesting
year for Samoan media. For the most
part, the independent state of Samoa has
a free media, but media have, in the past,
occasionally clashed with government
officials.
Before the Tongan
election, Field had
described the pre-election
period as “bruising”
PINA’s decision to hold its annual
news convention in Tonga led the Samoa
Observer to say that its staff would not
attend the conference while New Zealand
journalist Michael Field remained banned from Tonga. In March, Field had applied to the Tongan government for a visa
so he could cover the general election but
was refused. Field is one of the most banned journalists in the world and, in the
past, has been prevented from travelling
to both Nauru and Kiribati.
Speaking for the Samoa Observer,
Savea Sano Malifa, said, “All I’m saying is
that as far as the Samoa Observer is concerned, we are not going ahead if Mike
Field is going to be banned,” he said. “I
believe that boycotting the whole convention will be far more effective than
going there and being seen to be accepting what the Tongan government was
doing.” Before the Tongan election, Field
had described the pre-election period as
“bruising.” At a cabinet meeting in midMay the Tongan government agreed to
lift its ban on the journalist.
In early December, it was announced
that a new radio station, called Apia
Broadcasting Ltd., would be opened in
Samoa. The broadcaster is being created
by Hans Joachim Keil, the Minister for
Trade, Commerce and Tourism. Keil apparently told the Samoa Observer that the
station would be dedicated to quality family programming.
Solomon Islands
In August, Pacnews reported that Leiataua Vaiao Alailima, a former member
of parliament and a high chief of Manono Island, said the decision by SamoaTel
to place a communications tower on a
star mound in Manono was unacceptable. Leiataua said community leaders were
never approached about the positioning
of the tower and that he would call a
meeting of chiefs to discuss the matter. In
all likelihood, he said, SamoaTel would
be asked to reposition the tower at its
own expense.
A complaint by Radio Polynesian
Ltd., in the early part of 2005, accused
the state-owned Samoa Broadcasting
Corporation (SBC) of unfair competition. However, by May, the radio station
had not received a reply. In their letter,
the radio station said SBC’s new FM station had been approved to run on 1,000
watts, while Radio Polynesian was only
allowed to use 300 watts.
The radio station also said that SBC’s
frequency was too close to the one being
used by their Talofa station. Asked about
whether they had received a reply, the
general manager of Radio Polynesian
Ltd. said, “Nothing has happened.” However, the chief executive of the Ministry
of Communications and Information
Technology, Tua’imalo Asamu Ah Sam
said he was unaware of any complaint
G
from a private radio station.
L
ow literacy rates and problems over
distribution mean that the print
media on the Solomon Islands are subordinate to the Solomon Islands Broadcasting Corporation (SIBC). Modelled on
feisty and independent Australian broadcasters, the SIBC has a history of challenging government ministers on issues
and has long sought to present challenging news items. The result is that the
Solomon Island’s media environment,
although weak, is informed and encouraged by the work of their Australian
counterparts.
In February, the Minister for Health
and Medical Services Benjamin Una
launched an attack on the media saying
that they lacked substance, and criticising
some individual media organisations.
Commenting on Una’s statement that the
media do not contribute to peace in the
country, the president of the Media
Association of Solomon Islands (MASI),
Robert Iroga, described it as a slap in the
face of the profession and that there was
a need to challenge his criticism.
According to Pacnews,
while under the influence of
alcohol, the minister had
argued with hospital security staff over visiting times
The comments of Una followed a report on the SIBC news detailing an incident where the minister was apparently
drunk. According to Pacnews, while under the influence of alcohol, the minister
had argued with hospital security staff
over visiting times.
Interestingly, there were others in
2005 prepared to criticise the work of the
media in the Solomon Islands. Marking
World Press Freedom Day on 3 May,
journalist and government communications advisor, Johnson Honimae, said in a
speech that the media fail to fulfil their
watchdog role investigating the country’s
leadership. Honimae went on to say that
the media’s failure to speak out on natural resources has allowed much of it to be
stolen. He also said that the media concentrated on national leaders, but failed
to examine the actions of the tribal leaders or other individuals in society who
abused the trust of landowners.
188
2005
Tonga
In later November, John Lamani, publisher of the Solomon Island’s only daily
newspaper, the Solomon Star, won the
Pacific Islands News Association (PINA)
Media Freedom Award for 2005. Sponsored by the UK’s Thomson Foundation,
the award was presented in Tonga. The
award was shared with Pesi Fonua of the
Matangi Tonga newspaper.
Speaking of the award before it was
handed to Lamani, PINA president, Ken
Clark, said that the Solomon Star was
fearless in its desire to publish stories
about corruption in the Solomon Islands.
Clark also said that such stories were
often produced under very difficult circumstances. Receiving his award from
John Ryan of the Thompson Foundation, Lamani paid tribute to the newspaper and its coverage of unrest in the
country.
Lamani paid tribute to the
newspaper and its coverage
of unrest in the country
According to the Web site of the SIBC
on 2 December, the cycle of power shortages in the capital, Honiara, caused the
broadcaster to suffer a power crisis. The
difficulties with power arose from the
shutdown of the standby generator,
which meant that every time there was a
power shortage in the capital the broadcaster was forced to shut itself down. The
result is that the broadcaster has been losing up to six hours of broadcasting time
G
every day since 30 November.
A
lthough it might be too soon to tell,
there were signs this year that rather
than remaining recalcitrant and intolerant the Tongan government and Crown
Prince were beginning to accept the
media’s role in assisting democracy. The
rejection of Clive Edward’s media bill,
which appeared to be aimed at the Taimi
‘o Tonga, and the decision to allow New
Zealand journalist Mike Field into the
country were welcome departures.
The 2004 discussion on legislation designed to curtail the work of the media
continued in 2005. In January, the publisher of the Taimi ‘o Tonga newspaper,
Kalafi Moala, said that he was delighted
by the statement of Crown Prince Tupouto’a that the Police Minister Clive Edwards had carried out a vendetta against
the newspaper. Based on reports from Pacific Media Watch, a letter from Tupouto’a said that Edwards was behind attempts to change the Constitution
through the creation of a Media Operators Act.
In the letter, the Crown Prince said
claims by Edwards that he was behind
the move were simply untrue. Tupouto’a
also said that Edwards was of the opinion
that he could use the Constitution as a
means of getting at Moala and the newspaper. Speaking about the issue Moala
said, “So we have always known that and
I am quite thrilled, in fact, that the
Crown Prince or someone from the Royal Family and high up in the Government is able to come up with that.”
He went on to say that
media professionals had
high hopes for the success
of the conference
On the question of the Media Operators Act, Tupouto’a said he was opposed
to the Bill because it effectively implied a
ban on Taimi ‘o Tonga. Thankfully, the
Supreme Court determined in 2004 that
the law was illegal. Edwards was forced to
resign after being accused by the Crown
Prince of plotting a coup and leading
rebel ministers against government policies.
Regarding the decision of the Supreme Court, the Crown Prince wrote in his
letter, “He failed in this endeavour because of his ignorance of the law. Proof of
this unfamiliarity with court procedure is
that he was unable to understand that
changes to the Constitution should be attended by changes in the judge’s rules if
they are at all to succeed. This is why his
measure failed – something I probably
forgot to mention to him at the time.”
“Floundering about like a beached
whale looking for someone to blame for
his public disgrace instead of glancing in
the mirror is, after all, and provided [Edwards] can tell the difference any more,
degrading,” added the prince.
“I am also informed that
he did not seek entry to the
kingdom to cover this
month’s elections in the
kingdom despite what is
now widely reported”
In March, Edwards ran in the parliamentary elections, but failed to win a
seat. Undaunted, he ran in an early May
by-election and this time was successful.
The success meant that Edwards was returned to parliament where, for much of
the year, he sought to introduce amendments to the Tongan Constitution.
The story of recent Tongan media history is also the story of New Zealand
journalist Michael Field’s ongoing ban
from the country. Field is an excellent
and resourceful journalist who has not
been prepared to buy into the received
notion that the governments and leadership in the Pacific is exempt from investigative reporting and criticism. Field has
continually fought against this exceptionalism and it has led him to be banned in
several parts of the Pacific. This year saw
a concerted effort to reverse this situation
and it was aided by the Samoa Observer
and the Taimi ‘o Tonga.
In the early part of the year, the royal
government of Tonga reinforced its ban
on Field. The journalist was first banned
in 1996 and, in 2005, a government official said that his reapplication was refused, but did not provide a reason.
In a letter dated March 7, the Tongan
Immigration Division acknowledged the
application and stated: “please be advised
that after careful consideration of your
visa application, the application has been
denied”. It was thought to be related to
Field’s preparatory coverage of the forth-
2005
189
Vanuatu
coming Tongan election and his comments in media that the Tongan election
campaign was “bruising.”
Writing on the subject of Clive
Edwards, Field wrote, “Tongan people
have recently been treated to the unique
sight of royal enforcer Clive Edwards getting sacked from cabinet in mysterious
circumstances and then seeing him
become an ardent democrat and election
candidate.”
The Tongan refusal led to some
infighting among media commentators
and groups. One of the main criticisms
was made against the Pacific Islands
News Association (PINA), which intended to hold its annual meeting in Tonga.
Because of the ban, Savea Sano
Malifa, publisher of the Samoa Observer,
said his newspaper would boycott the
PINA conference to be held in October
under the somewhat ironic theme of
Media Freedom in a transitional society.
The Taimi ‘o Tonga also said it was reconsidering its position. Responding, PINA
President Faumuina Lance Polu said the
plans for a boycott were counterproductive. He went on to say that media professionals had high hopes for the success
of the conference and that there had been
some progress in Tonga.
Fonua said the Council
tried to inform the
government that there
was no good reason for
prohibiting Field from
entering the country
On the subject of Field, Polu was
quoted as saying that the Media Council
of Tonga needed PINA’s support and “If
Mike Field honestly likes to be in Tonga
for the convention, I am sure the organisers will see to it that he will be there,”
he said. On the subject of his attempt to
enter the country, Polu said, “I am also
informed that he did not seek entry to
the kingdom to cover this month’s elections in the kingdom despite what is now
widely reported.”
The comments by Polu brought a blistering response from Field who said that
neither Polu or anyone else from PINA
had consulted him on his application for
a visa to Tonga. “It is startlingly unprofessional that an alleged organisation of
journalists could not check their facts and
that someone like Polu, rather than defending the work of his fellow reporters,
decided to libel one,” Field said. The
New Zealand journalist also went on to
say that he had received letters from the
Tongan Ministry of Foreign Affairs and
the Tongan Immigration Division over
his application, which was made on January 20.
Hoping to resolve the spreading argument over Field’s right to visit Tonga, the
Tongan Media Council sought to obtain
the government’s consent for Michael
Field to enter the country. According to
the Chairman of the Council, Pesi Fonua, said he made the request so that the
parties could resolve the issues. Fonua
said the Council tried to inform the government that there was no good reason
for prohibiting Field from entering the
country.
In May, bowing to pressure, the Tongan government decided to relent on
Field’s ban and issue him with a visa.
Pacnews reported that the decision was
made at a weekly Cabinet meeting in
Nuku’alofa. Commenting on the case,
Tonga’s Minister for Immigration, Tu’a
Taumoepeau Tupou, told Matangi Tonga
Online that the decision was based on a
consensus to move forward – “a case of
being damned if we do it, and damned if
we don’t do it.”
The decision was welcomed by the
Tongan Media Council (real name Media
Council Inc.) and Founa was quoted as
saying, “The lifting of the ban opens a
new chapter for Tonga’s media relations
with the overseas press.” “Tonga was given a bad name because of the ban [by]…
some foreign journalists,” added Founa.
In December, in a move that showed a
recognition of the importance of access
to information, the Tongan government
announced that it was creating a Web
site. Speaking about the decision, Tonga’s
minister of finance, Siosiua ‘Utoikamanu, said that they were undertaking the
project in order to provide citizens with
information on the work carried out by
government. The minister also said that
the germ of the idea arose after he travelled abroad and saw how much of this
type of work was being undertaken by his
government colleagues in other counG
tries.
T
he eruption of a volcano in Vanuatu
exposed the country’s poor infrastructure forcing it to seek international
aid. Over 3,000 people were evacuated
from the area affected by the volcano and
sent to special centres. Soon after the
mass relocation, there were fears over
fresh drinking water, and a worry that the
fall of ash had contaminated some drinking water. The natural disaster followed a
number of other problems for the government of this tiny republic where 65 of
its 80 islands are inhabited.
Questions over diplomatic passports,
the honorary consul system, and a fatal
summer shark attack that threatened
tourism, all proved difficult for the government to surmount. Many of these stories were reported on by local media, particularly the Daily Post, which has a good
reputation for reportage events affecting
Vanuatu. In one sense, therefore, the media are lively, but, as elsewhere, it is the
media’s infrastructure on the many islands
that provides the most difficult obstacle
to overcome.
According to Pacific Media Watch, in
early February, Prime Minister Ham Lini
told the Vanuatu Broadcasting and
Television Corporation (VBTC) that the
broadcaster’s most important role was to
provide information to people. The minister said he had been disturbed when he
visited some of the country’s remotest
spots to find that people living in these
areas were denied this right.
The remarks were made after the New
Zealand High Commissioner, Brian
Smyth, provided VBTC with supporting
funds. On doing so, Smyth said, “Vanuatu cannot hope to develop as a nation if
it does not have a dependable channel to
keep the population informed,” High
Commissioner Smyth said. He added,
“While the private sector can provide
some radio services there will always be a
role for national public broadcaster.”
These comments were made in light of
the fact that the country’s shortwave
transmitter had been down for a number
of months, preventing people in remote
areas from receiving news.
Reporting on the issue, the Daily Post
quoted a general manager at VBTC who
said that engineers were working hard to
solve the problems and ensure that the
government meets its promise to supply
programming to rural areas. Less than
two weeks after the expression of these
190
2005
Wallis and Futuna
commitments, it was announced by
VBTC that the broadcaster had resurrected its shortwave transmitter and was now
broadcasting. As a result, those who receive Radio Vanuatu’s services on shortwave frequency can now hear it on 7260
kHz. Reacting to the announcement,
Prime Minister Lini thanked engineers
for working so hard on the project.
On 1 April, Asia Pulse reported that
VBTC was looking at ways to improve its
television services. Chairman of VBTC,
Patrick Crowby, said the broadcaster
needed to strengthen its studio in Port
Vila in order to ensure that it is broadcasting countrywide. The chairman also
said that, on previous occasions, a lack of
funding from donors prevented the
broadcaster from being able to carry out
beneficial changes. Crowby also said he
was involved in negotiations with the
French embassy for a mobile studio that
G
would offer coverage of live events.
A
remote overseas territory of France,
Wallis and Futuna is made up of two
small islands that lie in the South Pacific,
north of Fiji. Despite its size, however,
events on the islands this year created a
sizeable problem for the French government as the territory was torn with tribal
feuding over the actions of the King of
Wallis, Tomasi Kulimoetoke, who challenged French authority on the islands.
Overall, the media found it difficult to
report on the tribal feud, and there is
often intolerance displayed by the island’s
leadership towards the media. In 2002,
the newspaper Te Fenua Fo’ou disappeared from the island after a dispute between the customary chiefs of Wallis and
Futuna and the editorial director. While
such feuding is a problem for many of the
territories in the South Pacific, the situation on Wallis and Futuna will not improve until there is a greater appreciation
of media’s right to free expression by
community and tribal leaders.
The crisis over the monarchy started in February
when the King’s grandson
Tomasi Tuugahala received
an 18-month jail sentence
for motor manslaughter
The crisis over the monarchy started
in February when the King’s grandson
Tomasi Tuugahala received an 18-month
jail sentence for motor manslaughter
after being involved in a New Year’s Eve
road accident that caused a fatality. Desperate to prevent his grandson from going to jail, the King of Wallis provided
Tuugahala with sanctuary in his palace.
The decision led to an unseemly standoff
with France and an argument over whether French law or customary law prevailed on Wallis. In the end, after four
months, Tuugahala surrendered himself
to the authorities and he was taken to
serve his sentence on New Caledonia.
Unfortunately, the dispute led to riots
between supporters of the King and a
group who wished to see a high chief,
Sosefo Mautamakia, replace the King
who has ruled Wallis for over 46 years. In
June, Mautamakia’s supporters claimed
that the King had been replaced and in
September there were attempts to hold a
ceremony to appoint the new King; however, supporters of King Kulimoetoke
blocked roads and sought to close the airport. The ongoing dispute led France to
leave armed Gendarmes on standby to fly
to the territory.
In the end, after four
months, Tuugahala
surrendered himself to the
authorities and he was
taken to serve his sentence
In late September and early October,
there were attempts by France to mediate
the tense situation. The negotiator left
the island believing he had averted a disaster. Unfortunately, there were disturbances on 8 October that left a member
G
of the clan seeking reform dead.
192
2005
Walking
the line
Europe
The region shows
that many journalists
walk a fine line
between practising
their profession and
avoiding harassment
from governments,
political parties, the
authorities, criminal
gangs and many other
groups who wish to
silence the media.
Death Watch
Region (4)
T
he main press freedom issues
in Europe this year were the
continued criminalisation of
defamation in some European states,
the protection of sources and the ethics
of journalists.
Several high profile journalists’ murders continued to be investigated
throughout the year, but even in cases,
where they were solved, the family and
colleagues of the journalist often doubted the official verdicts.
In 2005, the Ukrainian government
announced that the murder of Georgiy
Gongadze, editor of the independent
news Web site Ukrainska Pravda, had
been solved. This was supported by
other government officials. Some, however, like former presidential bodyguard Mykola Melnychenko, said they
remained unconvinced. Gongadze’s widow Myroslava also continued her battle with the authorities, and won her
case at the European Court of Human
Rights (ECHR) in Strasbourg, which
ruled in her favour in November awarding her damages of 100,000 euros.
In Belarus, the authorities continued the murder investigation of Veronika Cherkasova, but said they suspected
family members and argued the motive
was unconnected to her work. However, an investigation by Belarusian
journalists revealed that Cherkasova
was investigating Belarusian arms sales
to Iraq, as well as a money-laundering
scheme involving the authorities.
In Russia, the authorities announced
that they had found the killers of Forbes
Russia editor Paul Khlebnikov, who was
killed in July 2004. Several men were
detained in connection with the murder, but colleagues and family said those
arrested were probably scapegoats and
that the real killers might never be
found.
In March, the ECHR ruled that the
Turkish authorities did not conduct an
effective investigation into the murder
of Kutlu Adali, a political columnist,
who was shot to death outside his
home in Nicosia, Cyprus, in July 1996.
In its ruling, the ECHR said that the
Turkish government must pay Adali’s
wife 20,000 euros in damages. The
journalist, who opposed the division of
Cyprus, had received work-related
threats before his murder.
Serbian journalist and owner of the
daily Dnevni Telegraf and magazine
Evropljanin Slavko Curuvija was killed
in 1999, but six years later, Serbian
authorities have still not found the
killers. The murders of other Serbian
journalists, Milan Pantic from Vecernje
novosti daily, and the unclear circumstances of the death of journalist Dada
Vujasinovic in the 1990s, also remain
unsolved.
Journalists also faced
prison sentences as a consequence of their reporting
The problems arising in Eastern Europe after the collapse of communism
continue. One of the major difficulties
is that, quite often, the media declare
themselves to be independent, but are
dependent on their financial backers.
Often these financial backers have a
political orientation either to the right
or left of the political spectrum, or are
owned by businessmen involved in politics, or even by politicians themselves.
Such relationships limit editorial independence.
The number of direct attacks on
journalists has gone down, but self-censorship as well as economic and political pressures remains ever present.
Libel and insult continue to be criminal offences in many states, such as
Bulgaria, Latvia, Poland, Russia and
Serbia.
2005
In Poland, Jerzy Urban, publisher of
the Nie weekly magazine, was fined for
insulting Pope John Paul II, under a law
that criminalises insults aimed at foreign
heads of state.
The case against Andrzej Marek, editor-in-chief of the weekly Wiesci Polickie,
continued in 2005, when international
organisations appealed against his criminal libel sentence.
In Serbia, Health Minister Tomica
Milosavljevic filed a criminal slander
complaint against the Nedeljni Telegraf,
Srpski Nacional, and Kurir newspapers
for publishing fabricated reports without
allowing him to comment on them before publication.
Several Russian journalists also faced
prison sentences as a consequence of their
reporting.
Privacy was an important issue again,
when in July, Germany agreed to pay
Princess Caroline of Monaco damages for
photographs of the princess and her children, which were published in several
magazines without her consent. The ECHR decided that there should be a balance between freedom of speech and privacy, and although she is a “person of
contemporary history” and there is an
interest in her life, the photos and articles
must add to public debates.
In the Czech Republic, a regional
court Ceske Budejovice ruled that the
daily Sip must apologise to Prime Minister Jiri Paroubek and his wife Zuzana for
its 6 May articles where the newspaper
criticised the couple’s appearance. The
publishing company claimed that the
prime minister is a public figure and
must accept the public’s interest in his
private life.
Several cartoonists encountered problems in 2005. In Turkey, Prime Minister
Recep Tayyip Erdogan filed a lawsuit
against a satirical magazine for publishing
cartoons of his head on the bodies of animals. In Belarus, the Minsk City Prosecutor’s Office opened a criminal inquiry
into the possible defamation of Belarusian President Alexander Lukashenka in
a series of satirical Internet cartoons in
August.
Denmark’s Jyllands-Posten published
several satirical cartoons, which depicted
the prophet Mohammed, and the issue
escalated towards the end of 2005. The
publication of the Danish cartoons setoff a series of violent protests in 2006,
which were unforeseen by the newspaper’s staff and European politicians.
In April, the Court of Appeal of
Athens found Austrian cartoonist Gerhard Haderer, the author of satirical cartoons “The Life of Jesus,” not guilty in a
blasphemy case, reversing an earlier judgement of the Court of First Instance.
The issue of the coverage of terrorism
and violence was raised in several countries, and in September, various media
circulated the news that the European
Commission had drawn up a policy paper on prevention, preparedness and response to terrorist attacks. In the paper,
which warned, “The media are taking an
oversimplified view of the world, which
plays into terrorist hands,” the media
were advised to draw up a code of conduct to ensure that they do not act as
propaganda outlets for terrorists. The
Russian Union of Journalists had also
drawn up a statement calling on the international media community to work
out uniformed professional guidelines,
when covering acts of terrorism and
antiterrorism operations.
The European Commission
had drawn up a policy
paper on prevention,
preparedness and response
to terrorist attacks
In France, riot coverage in autumn
drew criticism and started a debate over
whether there was perhaps too much riot
coverage and how to best cover such
events. Jean-Claude Dassier, the director
general of the rolling news service TCI,
admitted to censoring some riot coverage
for fear of encouraging support for farright politicians. According to reports,
Dassier said in an interview that one has
to think about what one is broadcasting.
Ironically, French broadcasters have also
faced criticism for their lack of coverage
of the riots!
According to a report in the Guardian,
one of the questions asked by Patrick
Lecocq, editor-in-chief of France 2 during this period was “Do we send teams of
journalists because cars are burning, or
are the cars burning because we sent
teams of journalists?”
The various European secret services
also did not forget the media this year. In
193
Germany, the Bundesnachrichtendienst,
the Federal Intelligence Agency, spied on
investigative journalist Erich SchmidtEenboom, his colleagues at the Weilheim
institute, and members of his family. The
spying on journalists in 1993-1994 –
among them Erich Schmidt-Eenboom,
and Focus editor Josef Hufelschulte – was
confirmed by the head of the BND,
August Hanning. Moreover, the German
Criminal Investigation Office (BKA) issued a writ against Bruno Schirra, reporter for the magazine Cicero, accusing him
of “betraying state secrets.”
In Montenegro, Zeljko Ivanovic, director of the Podgorica-based daily newspaper Vijesti, said publicly that he was
under surveillance by the Montenegrin
State Security Service in 2004, and that
his family had received death threats.
Journalists have also been forced to
quit under government or management
pressure. In Russia, popular news anchor
Olga Romanova resigned from the channel Ren-TV, where she hosted the show
“24.”
In Georgia, Nata Imedaishvili, the
head of the Information Department, and
three other journalists from the state-owned Adjara TV in the Adjara Autonomous Republic quit the company, citing
pressure from the station’s management.
In addition, in Georgia, popular talk
show, Archevanis Zgvarze (“On the Verge
of Choice”), a programme on the privately owned television station Mze, was taken off the air in July.
In Kosovo, the editor-in-chief from
the local television station Men, in Gjilan, resigned together with 13 of his staff,
after a television debate he prepared was
not aired. Reportedly, local government
involvement was not discounted as a possible reason. In the Czech Republic, a
show was taken off the air leading to
speculation about the government’s possible involvement in the decision.
The main areas of press freedom problems and violations remain similar to
those of last year. Some of the names of
journalists and media outlets harassed
also remained the same; however, in what
is a depressing feature of any yearly review, some of the names were new.
BY DIANA ORLOVA
194
2005
Albania
By the South East Europe Media Organization
(SEEMO)
M
ost of the media in Albania have
declared themselves independent,
but in reality individual outlets support
either left or right, and are directly owned
by businessmen involved in politics, or
by politicians themselves, who then use
the media for their own personal benefit.
In general, the relations between government and media have been relatively
calm in 2005, with some exceptions,
mainly outside the capital.
In February, the Tirana Appeals Court
rejected the first instance District Court
decision against Nikolle Lesi, publisher
of the newspaper Koha Jonë and member
of the Albanian Parliament, who was accused of libel by Prime Minister Fatos
Nano, Director of the Prime Minister’s
Cabinet Agima Isaku and former Secretary General of the Council of Ministers
Ylli Manjani. The case was returned to
the District Court, after several procedural mistakes. In 2004, Lesi was fined 2
million ALL.
In general, the relations
between government and
media have been relatively
calm in 2005, with
some exceptions, mainly
outside the capital
On 1 March, the daily Sot reported
that the Appeals Court reinforced a decision taken by the first instance Court of
Tirana, fining the newspaper 2 million
ALL. The fine was for a picture of a man
carrying bread in an article titled “Bread
upon lists for Albanians” on 20 July 2003,
after the man in the picture sued the
newspaper for damaging his reputation.
In addition, on 1 March, Frenkli Prodani, photographer for the daily Ekspres,
and journalist Florenc Bakillari from the
same paper, as well as several other journalists, were standing in the front of a
restaurant, in which several politicians,
including Prime Minister Fatos Nano,
were dinning. According to the Albanian
Forum for Free Media, the politicians’
bodyguards violently took the photographer’s camera away.
According to the daily Korrieri, on 3
March, several journalists protested
against the obstruction of Albanian officials in granting Albanian citizenship to
Baton Haxhiu, a journalist from Kosovo.
Sali Berisha condemned the refusal of the
Albanian Ministry of Public Order to
grant Haxhiu citizenship.
According to information from the
Albanian Helsinki Committee, on 8 May,
two journalists and two cameramen from
local TV stations in Korca were forbidden from filming the activities of municipal police officers, who were in the process of suspending activities at a private
bar in the Korca district. Furthermore,
the chief of the municipal police of the
Korca district exerted violence against
Juliana Dhimitri, correspondent for Top
Channel TV, and threw away some of the
cameramen’s equipment. Oliver Vujovic,
SEEMO Secretary General, condemned
the attacks on journalists in a protest issued on 19 May, “Attacks on journalists
and destruction of their equipment are
unacceptable. It is particularly worrying
if these attacks are coming from high
officials, like from a chief of the municipal police. Journalists must be able to
report without fear of harassment and
intimidation.”
On 20 June Artur Llana, a reporter
from the daily Tema from Durrës, received threats by a local politician and candidate for Parliament prior to parliamentary elections. The action was reported by
the daily Republika.
On 21 June, the Central Election
Commission fined the Antena Nord TV
station 1 million ALL for failure to observe media provisions in its coverage of
the electoral campaign contained in the
Electoral Code.
On 12 July the Socialist Movement for
Integration filed a criminal complaint of
libel against Ejron Braçe, editor-in-chief
of the daily Zëri i Popullit. The party accused the editor-in-chief of carrying libellous statements in his newspaper, related
specifically to statements made on election day that 40 candidates of the party
had withdrawn from the electoral race.
On 16 September, Vladimir Mema, a
local reporter for TV station Telearbëria,
was beaten near the city of Elbasan. He
was preparing a report about a lack of electricity when one person attacked him.
The attacker was arrested after the incident.
On 28 September, the Fier District
Court fined Xhemil Beharaj of the daily
Korrieri 100,000 ALL for libel. The court
case started after the Inspector of Internal
Control from the police station in Fier
sued him because of his article on 31
October 2004.
On 3 November, journalists and cameramen gathered outside the headquarters
of the Muslim community during a visit
by President Alfred Moisiu. The president’s bodyguards pushed away the reporters, stopping journalists from obtaining a statement from Moisiu on the Ramadan holiday.
He had published an
article in 2003 about corruption in the Municipality
of Berat and the former
mayor sued him
On 7 November, the Supreme Court
found Dilaver Xhelili, a journalist from
Koha Jonë, guilty of libel. He had published an article in 2003 about corruption in the Municipality of Berat and the
former mayor sued him. The journalist
was fined 50,000 ALL.
On 8 November, the Council of Ministers approved a proposal by Prime Minister Sali Berisha to release Frrok Çupi,
Director General of the Albanian Telegraphic Agency (ATA), from his job. Çupi was nominated as ATA director in
1997, after years of experience in journalism and public writing as a columnist for
Koha Jonë.
According to information before SEEMO, on 11 December, at around 2 a.m.,
Engjell Serjani, director of the Dita Jug
newspaper and correspondent for Gazeta
Shqiptare, was attacked and beaten by
two unknown people in the city of Gjirokastra. Serjani was leaving a bar next to
his office in order to go home, when two
people stopped him and started hitting
him until he lost consciousness.
Serjani later regained consciousness
and was able to go to a hospital to have
his injuries treated. The two perpetrators
managed to escape. Oliver Vujovic, SEEMO Secretary General, condemned the
attack, “Physical attacks on journalists are
both unacceptable and alarming. Journalists must be able to report without fear
of harassment and intimidation. This case is very worrying because it is not the
first time that a journalist in Albania was
physically attacked. This and other acts of
2005
195
Armenia
violence against journalists are obviously
aimed at intimidating journalists.”
Vujovic added, “SEEMO takes every
physical attack on a journalist in a country of transition very seriously, particularly because in previous years in South East
Europe, several journalists have been
killed due to their professional work.” Albanian journalists’ associations reacted
promptly, demanding police identify the
offenders and take measures to establish
the right climate for media freedom.
According to information before SEEMO, on the night of 18 December, unknown persons threw explosives into an
area close to the building in which three
newspapers, Shekulli, Sporti Shqiptar and
Biznesi, and one magazine, Spekter, have
their offices.
Although journalists were still working in the building, nobody was injured,
but there was property damage. Oliver
Vujovic, SEEMO Secretary General, condemned the incident. “We are especially
worried because only a few days ago there
was a brutal physical attack on a journalist in the city of Gjirokastra. Once again,
we would like to emphasise that journalists must be able to report without fear of
harassment or intimidation. It is obvious
that such acts of violence against journalists are attempts to scare them and obstruct their work.” Five people have been
arrested as suspects in relation to the explosion at the publishing house.
Albanian journalists’ associations reacted promptly,
demanding police identify
the offenders and take measures to establish the right
climate for media freedom
On 22 December, the Vlora Court of
Appeal suspended a decision by the Fier
District Court to punish a journalist
from the daily Korrieri with a fine of
some 700 EUR. The Court of Appeal
said the article written by Xhemil Beharaj
on fuel abuses by the Fier Police Commissariat does not contain elements that
are punishable under the Criminal Code.
For more information about media developments and press freedom in Albania,
please see the SEEMO Media Handbook
2005/2006.
T
he embattled television station A1+
continued to have problems in
2005. In January, the Armenian Academy of Sciences continued its demands
that the company vacate the premises it
used at one of the Yerevan buildings,
which also hosted a number of media
editorial offices. The company has been
off the air since April 2002, when
National Commission on Television and
Radio refused to give A1+ a broadcasting
licence. The company has participated in
seven licence tenders since that time, but
without success. According to the Yerevan Press Club, A1+ currently operates as
a production studio, along with the editorial office of a popular Web site www.a1plus.am, the Ayb-Feh weekly, and the
television training courses of A1+’s founder, Meltex LLC.
The station was evicted from its premises in July, and it was given notice to vacate its office in the Armenian Academy
of Sciences by 23 July. A1+ now largely
produces programmes for regional television stations, as well as keeping a Web
site and publishing a weekly newspaper.
However, later in July, Prime Minister
Andranik Markarian asked the head of
the governmental Department of State
Property Management to find alternative
premises A1+. The station also found a
compromise with the Academy of Sciences President Fadey Sarkisian and may
continue to occupy its offices until new
accommodations were found.
According to a Radio Free Europe/Radio Liberty (RFE/RL) report, the European Court of Human Rights (ECHR)
will most likely agree to hold hearings
Armenian President Robert Kocharian speaks
to the media after voting at a polling station
in Yerevan on 27 November 2005.
(AP Photo/ Photolure, Melik Bagdasarian)
and make a ruling on the hotly disputed
2002 closure of A1+ in January 2006.
On the afternoon of 1 April, the car of
Samvel Alexanyan, editor-in-chief of the
Syunats Yerkir newspaper, was burned in
the yard of his house in Goris, in the
southeastern region of Kapan. According
to reports, Alexanyan received threats
after he gave an interview to the Novoye
Vremya newspaper on 12 March. He issued a statement on the same day in which
he accused the regional administrator Surik Khachatrian of instigating an arson
attack that destroyed his car.
The embattled television
station A1+ continued to
have problems in 2005.
The company has participated in seven licence tenders since that time, but
without success
According to RFE/RL, Alexanyan
claimed Khachatrian was angered by an
interview Alexanyan gave to a Yerevan
newspaper in March. Alexanyan similarly
blamed Khachatrian for an attack on his
newspaper’s premises in autumn of 2004.
The subject of the 1915 murder of an
estimated 1.5 million Armenians in
Ottoman Turkey continues to be a sore
point in relations between Armenia and
Turkey. Armenian President Robert Kocharian urged Turkey to acknowledge the
196
2005
Austria
I
Armenians visit the
hilltop memorial to the
Armenians killed in the
Ottoman Empire during
a memorial ceremony
to mark the 90th anniversary of the 1915
mass killings, in Yerevan,
on 24 April 2005. (AP
Photo/Karen Minasian)
killings as a genocide when addressing
the opening session of an international
conference in Yerevan on 20 April.
On 13 July, seven Armenian media
groups, such as the Yerevan Press Club
and the Armenian Union of Journalists,
released a joint letter criticising the
government’s proposed constitutional amendments. In the letter, they argued
that the constitutional amendments
would inadequately guarantee the independence of the National Commission
on Radio and Television, which regulates
commercial broadcasting. They also
maintained that presidential power to
appoint all nine commission members
should be curtailed, and that the Armenian parliament must have the power to
endorse or reject appointees to the Commission. Criticism of the absence of any
proposed changes to the formation of the
governing board of the Armenian Public
Television and Radio was also voiced.
The media groups also released a joint
statement on 27 July, in which they criticized a 21 July statement by the Council
of Europe’s Venice Commission, which
positively evaluated the latest version of
draft constitutional amendments proposed by the Armenian government. According to an RFE/RL report, the groups believe that the Commission’s proposals on
the freedom, independence, and diversity
of mass media are flawed and cannot put
in place the necessary guarantees of freedom of speech in Armenia.
According to RFE/RL, the draft constitutional amendments are to be debated
by the parliament on 29 August before
being voted on in a national referendum
in November.
Seven Armenian media
groups, such as the Yerevan
Press Club and the Armenian Union of Journalists,
released a joint letter
criticising the government’s
proposed constitutional
amendments
On 27 November, Armenia held a referendum on a package of draft constitutional amendments to the 1995 constitution. A few international monitors were
present, and they and local observer
groups reported large-scale fraud, such as
inflation of turnout numbers, ballot stuffing and intimidation of observers. According to official results, Armenians enG
dorsed the amendments.
n the year that Austria celebrated 60
years of press freedom since the end of
World War II, the country’s media were
confronted with a number of important
issues that had a direct bearing on this
fundamental freedom. The question of
the anti-terrorism struggle across the European Union (EU) involved communications issues, and 2005 saw ministers
from the Austrian government attempting to balance various freedoms. The November arrest of Holocaust denier David
Irving is also a major test for the country;
while the debate over alleged obscene
posters saw a clash between those who
supported art, and those who saw them
as advertising, which should be regulated.
Although terrorism was already a
major discussion point within the EU,
the July bombings in London cemented
its position as one of the most important
issues confronted by the 25-member organisation. As a result, the Austrian government found itself pursuing a path
where it sought to maintain essential liberties, but also showed solidarity in the
anti-terror struggle.
The London bombings occurred at the
same time that the United Kingdom assumed the EU presidency and the combination of these two events led British
ministers to invite EU-member states to
reassess their legislation. One of the main
areas discussed was communications.
In September, British Home Secretary
Charles Clarke pointed out that success
in the anti-terror struggle was dependent
on preserving and sharing information.
He stressed the need for an EU-wide system of storage for telecommunications
and Internet data. The issue was discussed at a meeting of Justice ministers in
Newcastle on 8 September.
Outlining Austria’s view, Austrian Justice Minister Karin Gastinger said there
was a need to balance the relationship
between respecting civil liberties and the
right of individuals to have security. Gastinger also said that Austria would have
little difficulty accepting the notion that
some data could be held for a 12-month
period, so long as it was restricted to certain types of information. On the question of Austria’s laws, Gastinger said the
government would have to introduce
fresh legislation.
Based on news reports of the Newcastle meeting, the discussion was acrimonious with Germany coming out against the
2005
197
Azerbaijan
storage of so-called “attempted” phone
calls. Other delegates brought up the issue of who would pay for the storage.
On 11 November, the right-wing British historian David Irving was arrested
in the Austrian province of Styria on a
warrant originally issued in 1989 under a
law making the denial of the Holocaust a
criminal offence. According to Austrian
media reports, the warrant was issued because of speeches given by Irving in Vienna and Leoben that year.
In the past, Irving has argued that
Adolf Hitler was probably unaware of the
Holocaust and he denies that there was a
systematic attempt by the then National
Socialist government to exterminate the
Jewish race. Although Irving apparently
sought to evade arrest when entering Austria, police were able to trace his whereabouts.
Commenting on Irving’s arrest, Greville Janner, Chairman of the British Holocaust Educational Trust, thanked the
Austrian authorities for carrying out the
arrest and said, “I hope this will lead to
a successful prosecution.” Irving will be
tried in early 2006.
The Austrian government
found itself pursuing a
path where it sought to
maintain essential liberties,
but also showed solidarity
in the anti-terror struggle
During November, the populist politician Joerg Haider, formerly of the FPÖ
and now the BZÖ and the governor of
Carinthia, the southern-most province of
Austria, said that the southern Austrian
newspaper, the Kleine Zeitung, was carrying out a smear campaign against him.
Haider subsequently took out a four-page advertisement in an Austrian magazine
stating, “The Kleine Zeitung is refusing to
accept that Carinthia is doing well.” The
advert went on to say that the newspaper
was motivated by a personal dislike of
him. Responding, the editor of the newspaper, Reinhold Dottolo was quoted as
saying, “We will again withstand the
political pressure and continue our independent reporting.”
Regarding the public service programme in Austria: according to a 1 December
article in Screen Digest, Austria, along
with Denmark and Norway, has one of
the highest licence fees for public service
broadcasting in Western Europe. The article states that on average licence fess
have increased by 5 per cent in the last
three years, with Austrian households
paying 243 euros for a licence. Moreover,
when the licence fees of each country are
related to the economic strength of the
country, Austrians are saddled with a
heavier cost than other Europeans. Apparently, the licence fee is the equivalent of
0.86 per cent of Austria’s gross domestic
product (GDP).
We will again withstand
the political pressure
and continue our independent reporting
A controversial debate over an initiative by the Austrian Chancellors’ office,
and paid for by private sponsorship, to
celebrate its assumption of the EU presidency led to a discussion over whether
certain posters were art or advertising.
The Austrian initiative comprised of
an exhibition of 150 posters by 75 young
European artists. Some of the pictures
were considered to be obscene, with one
poster, showing men and women engaged in a sex act while wearing the facemasks of Prime Minister Tony Blair, President George Bush, and Queen Elizabeth II.
As a result of the bad publicity, the
posters were taken down across Vienna.
According to news reports, Austrian
Chancellor Wolfgang Schuessel made the
decision personally, but this was not
confirmed by his office. Heidi Glueck,
Schuessel’s spokeswoman, said the Chancellor was originally unaware of the posters’ contents.
In the Austrian press, there was an editorial change at the Kurier. According to
a 1 August report in Der Standard newspaper, Peter Rabl resigned as the Kurier’s
long time publisher and editor after citing “serious differences of opinion.”
Obviously, recent months have seen internal disagreements. Rabl has, however,
stated that he will continue to write ediG
torials for the newspaper.
Death Watch
Country (1)
T
he parliamentary elections in Azerbaijan on 6 November were closely
monitored by many governments and
international organisations around the
world that were eager to see if the election process would differ from the presidential elections of October 2003, and
whether the media would be allowed to
cover the elections in an unbiased fashion. The government continued to harass
the media during the year, particularly
close to the parliamentary election and
during protest rallies afterwards.
According to international observers,
the 6 November parliamentary election
did not international standards. The International Election Observation Mission
(IEOM) made up of observers from the
Organization for Security and Cooperation in Europe’s (OSCE) Office for Democratic Institutions and Human Rights,
the OSCE Parliamentary Assembly, the
NATO Parliamentary Assembly and the
Council of Europe, noted in a 7 November press release that despite some improvements, a number of commitments was
not met, such as interference from executive authorities and media bias favouring
incumbents.
The government
continued to harass the
media during the year
Leading opposition daily Yeni Musavat
suspended its publishing in early January.
The newspaper had already suspended its
publishing for a short period in December 2004. According to media reports,
the newspaper encountered many financial problems, due to fines that were imposed on the daily by the court, as well as
the freezing of the newspaper’s bank accounts. Yeni Musavat has to pay over US$
160,000 worth of fines, as a result of
more than 10 defamation suits filed by
state officials and businessmen.
According to reports, the daily resumed publication on 9 January, drawing on
its last financial resources, according to
acting editor-in-chief Azer Aykhan.
One of Yeni Musavat’s photographers,
Alim Kazimli, died on 18 June. Kazimli
198
Police clash with supporters of the Azerbaijani largest opposition
alliance, Azadlig, during its unauthorized protest in Baku on 9
October 2005.
(AP Photo/Sergey Ponomarev)
suffered a stroke in December 2004,
which left him partially paralyzed. Reportedly, Kazimli’s family and colleagues
said his stroke was brought on by a violent argument he had with officials at a
Baku police station on 28 December,
when he went to receive his wife’s identity papers.
On 23 June, the Interior Ministry issued a statement rejecting the allegations
that the Kazimli’s death was the direct
consequence of his mistreatment at the
hands of Baku police, RFE/RL reported.
The statement maintained that Kazimli
suffered a heart attack while applying to
renew his wife’s internal passport at a
police station, and officials summoned an
ambulance to take him to the hospital.
Huseynov’s family said the
editor had received several
threats and was concerned
about his safety
On 20 March, Azerbaijani president
Ilham Aliyev signed a decree to pardon
115 prisoners, including Rauf Arifoglu,
editor-in-chief of the popular opposition
daily Yeni Musavat. Arifoglu was imprisoned for 17 months after his arrest during the unrest that followed the 2003
presidential election.
Later in March, the Supreme Court
upheld Arifoglu’s October 2004 conviction. Arifoglu filed an appeal with the
Supreme Court, but the court rejected it
2005
Riot police watch, as demonstrators carry flags and banners as they
walk past a billboard with the portrait of former Azerbaijan President
Heydar Aliyev, 19 November 2005. (AP Photo/Saleh Abdullayev)
on 29 March. On 2 August, however, the
Appeal’s Court ruled to overturn the guilty verdict given to Rauf Arifoglu.
Elmar Huseynov, the founder and editor of the Russian-language independent
weekly news magazine Monitor, was killed
on the evening of 3 March in the stairwell of his apartment building. The unidentified assassin escaped. According to
the news agency Turan, the pro-government press did not initially report the
killing, unlike the independent media.
Monitor is a staunch critic of the Azerbaijani leadership, and has been under
pressure from the authorities for several
years. Huseynov’s family said the editor
had received several threats and was concerned about his safety. The magazine
and its editor have faced numerous libel
and defamation suits, Monitor’s office has
been raided by tax inspectors, and Huseynov has experienced severe difficulties
with printing the magazine. Huseynov’s
family and colleagues believe that his
murder is connected to his work.
On 18 January, a Baku district court
ordered Huseynov to pay the equivalent
of 15,000 euros (approximately US$
19,400) for libel or face criminal charges.
Initially, the daily was ordered to pay
the fine on 19 October 2003 for “insulting the honour and dignity of the people
of Nakhchivan” in an article, which compared them to the Sicilian mafia. Hasan
Zeynalov, the Nakhchivan representative
in Baku, brought the case to court. When
the Husseynov refused to pay, Judge Farhad Agamirzayev, issued a new order.
Akper Hasanov, a journalist with the
magazine, was detained by soldiers at Baku military headquarters on 2 February
for five hours after he had reported on
abuses and mismanagement in an Azerbaijani military unit, and forced him to
confirm in writing that the article entitled, “If war breaks out tomorrow”, published in Monitor on 29 January, was
written by Huseynov.
The Azerbaijani Ministry of National
Security and the Prosecutor General’s Office said in a joint statement released on
12 July that the results of the preliminary
investigation into the circumstances of
the murder of Elmar Huseynov have been
confirmed. Georgian citizens Tahir Khubanov and Teymuraz Aliyev were named
as the alleged killers. Huseynov’s family
and colleagues were sceptical about the
investigation.
Qanimet Zahid, editor-inchief of the opposition daily
Azadliq, and Azer Ahmedli,
the director of the same
newspaper, were kidnapped
On the evening of 25 February, Qanimet Zahid, editor-in-chief of the opposition daily Azadliq, and Azer Ahmedli, the
director of the same newspaper, were kidnapped. Reportedly, the journalists were
forcibly photographed in compromising
situations, beaten and threatened for
publishing materials critical of the government.
2005
The journalists were released on 26
February, after the people torturing them
– three men in civilian clothing and two
men in police uniforms – took their mobile phones, US$ 800 from Ahmedli and
about US$ 50 from Zahid. According to
the journalists, the kidnappers have followed them before, and were well informed about Azadliq’s articles.
The head of the Baku Underground
transport system, Taghi Ahmedov, allowed the distribution of four influential opposition newspapers – Azadliq, Yeni Musavat, Baki Khaber, Bizim Yol and sports
paper Futbol+ to be resumed in April.
Distribution in metro stations was forbidden in December 2004. These places
are usually crowded and around 20 per
cent of the circulation of each newspaper
was sold in this area. According to reports,
the newspapers lost as much as US$
60,000.
Vuqar Mammedli, editor-in-chief of
Hurriyyet and founder of Futbol+ received a two year suspended sentence on 11
May. The Court for Grave Crimes found
him guilty on charges of financial fraud
but acquitted him on charges of illegal
entrepreneurship. Those charges stem
from a quiz published in Football+ on the
possible outcome of upcoming soccer
matches. The State Securities Committee
deemed this illegal. Mammedli has been
held in pre-trial detention since his arrest
in December 2004.
Several journalists attempting to cover
an opposition rally by the Ugur (then
Azadliq) opposition election bloc were
assaulted and beaten on 21 May, when
police tried to prevent the participants
from gathering at the chosen location.
The bloc had not received official permission to hold the rally.
According to the Journalists’ Trade
Union, police confiscated the current issue of the Azadliq newspaper from various distribution centres and arrested numerous Azadliq staff on 2 August. The
staff were taken to a police station, and
were later released after the newspaper’s
editorial office intervened. The Union
believes that police action could have been
motivated by articles in the paper criticising President Ilham Aliyev’s policies.
Family members of opposition journalists have suffered at the hands of the
authorities as well as media workers themselves. On the evening of 30 August, Ramin Rzayev, the brother of Azadlig jour-
199
A young Azerbaijani
protester holds a picture of US President
George W. Bush
with the inscription
“We want freedom,”
as other demonstrators carry flags of
opposition parties, on
4 June 2005.
(AP Photo/Shakh
Aivazov)
nalist Mohammed Rzayev, was abducted
in the centre of Nakhchivan city. According to reports, the attackers told him to
warm his brother to stop writing articles
critical of the local authorities. He was
then beaten and thrown into a canal. They
also threatened to assault his brother.
According to reports, as many as fourteen journalists, covering a banned demonstration by the Azadliq opposition
grouping in Baku, were beaten by police
on 9 October. Ramiz Najafli, editor of
the weekly Boz Qurd, was beaten unconscious, and Idrak Abbasov, correspondent
of the daily Ayna-Zerkalo, was hit on the
head with a baseball bat. Both were hospitalised with head injuries. Other journalists were also attacked.
Police confiscated the
current issue of the Azadliq
newspaper from various
distribution centres
Parviz Hashimli, editor of the Demokratik Yol (Democratic Path) newspaper,
was harassed by police in Ganja, when he
was covering a picket staged by residents
of Sevinj district in front of Ganja execu-
tive administration building on 28 October. Police detained him and then held
him at the police station for around five
hours.
On 8 November, two days after the
parliamentary election, four journalists
covering a rally called by the opposition
group Azadliq were subject to police violence. Police took the camera of Mahabbat Orujov, a reporter with the daily Yeni
Musavat, although he had shown his
press pass. According to reports, the journalist was also beaten and detained by
Baku police for a few hours. Rej Kerimoglu, also a correspondent with Yeni Musavat, had his camera broken by the police, despite the fact that he wore a blue
jacket given to journalists by the Press
Council to identify them as press. He and
colleague Azer Aykhan were also insulted
and forced out of several polling stations
in Baku by plainclothes police officers.
Sakit Mamedov, a reporter with the
weekly Avropa, was beaten by police despite clearly showing his press identification. Zohrab Zeynalov, a photographer
with the Azer-Press news agency, was beaten when he attempted to take pictures of
police officers rushing towards the demonstrators.
200
2005
Belarus
Three Baki Khaber journalists, Nabi
Alishov, Habiba Abdulla and Ruslan Bashirli, were also harassed at various polling stations, and Shakir Izzatoglu, a journalist with opposition weekly Qyrkhchiraq, was beaten up when he tried to cover
polling in the town of Ali-Bayramli.
Furthermore, according to RSF, government officials blocked foreign news
agencies from using satellite equipment,
which would have enabled live broadcasts. On 4 November, guards on the
Russian-Azerbaijani border confiscated
satellite dishes from the Russian television channels RTR and NTV. In a similar action in mid-October, Azerbaijani
authorities expelled a truck with satellite
broadcasting equipment owned by the
Turkish news agency Ihlas.
blocked foreign news agencies from using satellite
equipment, which would
have enabled live broadcasts
On 26 November, police forcefully
dispersed a rally by the opposition coalition Azadliq, and about 12 journalists
again were subject to police violence in
Baku, despite the fact that most of them
wore press signs and special jackets. This
was the last large demonstration after the
final results of the parliamentary election
were announced, and about 30,000 people gathered in Victory Square in Baku.
Azadliq had received permission to
hold a two-hour demonstration, and as
soon as the time was up, police tried to
break up the rally, using water canons,
tear gas and baton charges, according to
reports. During the baton charges, numeG
rous journalists were assaulted.
Death Watch
Country (1)
T
he rule of President Aleksander
Lukashenko has often been called a
dictatorship, and the media have very little freedom. Restrictions have shut down
many independent media outlets, and
authorities’ warnings have been directed
at non-state media outlets.
After a visit to Belarus in February
Miklos Haraszti, OSCE Representative
on Freedom of the Media, said that his
overall impression was that the independent media are under constant pressure
from a harsh media law, which gives the
Ministry of Information virtually uncontrolled power over the mass media, and
administrative discrimination.
This year the Belarusian government
once again criticised UN resolutions alleging human rights abuses as “another
attempt to create a distorted picture of
the country’s situation in order to justify
the intention of its co-sponsors to interfere in the internal affairs of a sovereign
state.”
The independent media are
under constant pressure
from a harsh media law
The murder of Veronika Cherkasova
is still being investigated. Veronika Cherkasova, a journalist with the independent
newspaper Solidarnost (Solidarity) was
stabbed to death on 20 October 2004.
Her body, which received almost 20 knife
wounds in the attack, was found in her
Minsk flat that day. Cherkasova was on a
trip to Myadelsky district and was to return to work on 20 October. When she
did not come back to the office, colleagues and relatives contacted the police.
The police concluded a personal quarrel was the cause, while her colleagues
suspected that she was killed because of
her professional activities.
A group of independent Belarusian
journalists conducted its own investigation into the murder, and in February, it
was reported that Cherkasova was investigating Belarusian arms sales to Iraq as
well as a money-laundering scheme.
However, authorities continued to suspect her 15-year-old son Anton Filimo-
nov and chronically ill stepfather Vladimir Melechko as the main suspects in the
case. Both of them were subjected to
months of police harassment.
Anton Filimonov was ordered to undergo a psychiatric examination, and had
to flee to Moscow with his father, when
investigators from the Prosecutor’s Office
went to Filimonov’s school to take him to
a psychiatric hospital. In April, the Minsk
Prosecutor’s office terminated criminal
proceedings against Filimonov and Melechko, for lack of evidence.
According to a report by Radio Free
Europe/Radio Liberty (RFE/RL), the US
directly accused Infobank of trading in
weapons in August 2004 and froze its
U.S. bank accounts. Pavel Sheremet, a
journalist at ORT, stated that Cherkasova
had developed good sources at Infobank
over the past few years and decided to
carry out her own investigation.
The Belarusian prosecutor’s office has
suspended the investigation on 28 December due to a lack of suspects. Reportedly, the authorities did not examine
whether Cherkasova was killed for her
work.
Almost exactly one year after Veronika
Cherkasova’s death, another journalist
was found dead in his home. Vasily Grodnikov, a freelance correspondent for the
Narodnaya Volya newspaper, was found
dead with a head wound in his home in
Zaslauje, near Minsk, on 18 October
2005. According to reports, the journalist’s family believes that he was murdered,
but an official report has not yet been
published.
Dmitry Zavadsky’s disappearance has
also not yet been solved. A year after the
case was closed, on 4 April this year, the
Office of the Belarusian Prosecutor-General reopened the investigation into the
disappearance. Zavadsky disappeared on
7 July 2000.
The national sports daily Pressbol was
closed by authorities on 16 February,
when the Supreme Court upheld a second Information Ministry warning to the
newspaper. This allows the authorities to
order the paper’s closure within three
months.
Furthermore, the Minsk Municipal
Court confirmed on 10 February that
Pressbol must pay approximately US$
20,900 in libel damages to Finance Minister Nikolai Korbut. This sum is large
enough to bankrupt the newspaper. The
2005
initial ruling was made on 4 January and
came as a result of a libel suit brought by
Korbut for an October 2004 article claiming Korbut had links with Russian businessman Andrei Imanali.
Pressbol is one of the few remaining
independent newspapers in the country.
On 11 March, a court ordered the seizure of the personal possessions of Pressbol editor, Vladimir Berechkov, to cover
the fine. Reportedly, Berechkov’s vacuum
cleaner, electric kettle and washing machine were among the confiscated items.
Prison terms for journalists are not
uncommon. Andrei Pachobut, a journalist for the Pahonia Internet news site
received a 10-day prison sentence on 4
March from a Grodno city court. Pachobut was covering an unauthorised demonstration by small local business owners, but was accused of participating.
On 27 April, two Russian journalists
were given prison sentences while working in Minsk. Alexei Ametov, a reporter
for Russian Newsweek, was given a 10day term, and Mikhail Romanov, a reporter with the Moskovsky Komsomolets
daily, an eight-day term. According to local reports, the two journalists were transferred to a detention centre.
Both Ametov and Romanov were covering the 26 April rally marking the 19th
anniversary of the Chernobyl nuclear
meltdown, which attracted around 400
people, who protested against President
Alexander Lukashenko’s policies to repopulate the region.
Activists from Russian, Belarusian and
Ukrainian youth organisations took part
in the protests, and many of them were
sentenced by up to 15 days of detention.
Local organisations reported that a complete list of those taken into custody was
still unknown, because the participants of
the rally were tried in different courts.
This was viewed as a government tactic
designed to avoid publicising the arrests
and to confuse human rights activists and
journalists. Local reports also stated that
the trials took place behind closed doors.
The Lenin district court in Minsk
found Ametov guilty of violating Article
167 of the Administrative Code (“Infringements of legislation on the staging of
religious, sports, mass cultural or other
spectator events, as well as gatherings,
mass meetings, street processions, demonstrations and pickets”). A Minsk district
court charged Romanov with taking part
201
Activists of an ethnic Polish association
in Belarus pose at the balcony of their
union’s headquarters in Grodno on
27 July 2005. (AP Photo/Sergei Grits)
in an unauthorised rally. The journalists
were granted early release on 30 April.
In August, the Minsk City Prosecutor’s
Office opened a criminal inquiry into the
possible defamation of the President of
Belarus in a series of satirical Internet cartoons. One of the cartoon characters apparently bears a similarity to Lukashenka;
while others are similar to government
officials.
A group of Belarusian students, who
created a civil association called, Tretij
Shlyakh (“Third Path”), faced accusations of tarnishing the reputation of the
President of the Republic. If convicted,
they could face prison sentences of up to
five years under article 367 of the criminal code.
Filimonov was ordered
to undergo a psychiatric
examination
On 16 August, in the same case, state
security service officers searched the
apartments of Andrey Obuzov, the association’s Website administrator, and Pavel
Morozov, the project’s coordinator, and
seized their computer equipment. Obuzov and Morozov have not yet been officially charged, but have been questioned
on the matter.
The short animated satirical cartoons
were allegedly created by activists of Tretij
Shlyakh and posted on its Web site,
which was temporarily shutdown. It has
also been reported that the cartoons were
sent to Obuzov and Morozov by anonymous authors.
The crackdown on the media has also
extended to the Internet, when the popular Grodnensky Forum was shut down,
because it was seen as too subversive.
State-owned firm Beltelekom, which
owns the Belpak Internet service provider
(ISP), shut down the popular forum in
early March. The forum’s administrator,
Alexei Rad, was forced to resign, but on
16 March, he opened a similar forum
that was hosted abroad.
During various local elections, journalists from independent media had been
refused access to polling stations. Three
Polish journalists covering local elections
in Grodno were detained for several
hours and able to return home only with
help from diplomats.
In some regions, local schools were
“advised” to subscribe to state-owned periodicals and sent a list of the acceptable
newspapers and magazines.
Many Belarusian newspapers continue
to have problems being published. Many
independent papers were accused of violating registration and publishing procedures; they faced exorbitant fines, and
continued harassment.
202
As of May, the privately-owned Belarusian media are not allowed to use the
words “national” or “Belarus” in their names. The new decree, which does not apply to the state media, gives newspapers
three months to comply by registering
under a new name.
Among the newspapers forced to
change their names and re-register were
several popular papers: Belorusskaya Delovaya Gazeta, Belorusskaya Gazeta, Belorussky Rynok, and Natsionalnaya Ekomicheskaya Gazeta.
On 24 March, plainclothes police officers came to the home of Minsk based
Zhoda independent newspaper editor-inchief Alexei Karol, and tried to inspect
the flat. The newspaper was accused of
illegally having an office in the flat,
though reportedly one of the officers said
that it was considered subversive. The
officers had no warrant, but confiscated
computer equipment. The newspaper
was closed from 5 February until 5 March
for procedural violations.
The Narodnaya Volya (“The People’s
Will”) opposition daily, which is frequently critical of the Belarusian authorities, has suffered ongoing harassment. It
has received warnings from the Justice
Ministry, on 13 April, for publishing an
appeal from the “Defenders of the homeland” group, which is not registered with
the authorities, on 31 March, and on 16
May for publishing false reports. In addition, on 16 May, paper management
found out that workers at the state-owned company Belaruskalij had brought
libel complaints against the paper for
having printed their names in a 23 April
article.
The Office of the Belarusian Prosecutor-General
reopened the investigation
into the disappearance
On 5 April, Sergei Gaydukevich, leader of the Belarus Liberal Democratic
Party (LDP), filed a complaint against
the paper for having suggested that the
LDP cooperated with the regime of former Iraqi President Saddam Hussein in a
March article, and asked for approximately US$ 93,000 in damages. On 14
June, the Leninski District Court of
Minsk ruled that the newspaper has to
pay Gaydukevich around US$ 46,500.
On 9 June, a district court in Minsk
ordered Narodnaya Volya to pay approximately US$ 7,000 in damages to six people who denied signing a statement in
support of the Volya Naroda (“Will of
the People”) opposition movement,
whose lists of signatories were published
by the newspaper in early 2005. According to reports, Aleksandr Kazulin, leader
of the Volya Naroda, suggested that the
authorities might have pressured the
plaintiffs to sue the paper in order to
cripple the newspaper with damages
Prison terms for journalists
are not uncommon
On 16 June, the Minsk City Economic Court began hearing another libel
suit against the newspaper, filed by the
Salihorsk State Mining Technical School,
which wanted the newspaper to publish a
retraction to the April article, which stated that 37 mining school students put
their signatures to a manifesto of the Volya Naroda opposition movement. The
newspaper published a list of approximately 10,000 signatures in support of
the movement on 23 April.
In late September, the state monopolies in newspaper distribution, Belsoyzpechat and Mingorsoyzpechat, as well as
the state run publishing house Krasnaya
Zvezda, cancelled their contracts with the
newspaper. Since then, Narodnaya Volya
has been using a printer in the Russian
city of Smolensk. The newspaper was also
fined approximately US$ 46,500 in June
for allegedly defaming the leader of the
Liberal Democrat Party.
Grodno-based paper Birzha Informacyi (Information Stock Exchange) could
not be published in February, because the
Grodno Regional Printing House refused
to re-sign a printing agreement with the
newspaper. The newspaper was suspended for three months on 24 November
2004 for an article published on 30 September 2004, which questioned the national referendum.
On 3 March, the Volny Chas newspaper was fined around US$ 230 for evasion of the VAT in 2003. Editor-in-chief
Uladzimir Viarbovikau tried to show that
the newspaper had not been published
for a year and a half for financial reasons,
but was told that he could have been
fined as much as 1.5 million Belarusian
rubles.
2005
On 11 April, a district court in Minsk
awarded approximately US$ 4,500 in
damages against Iryna Khalip, deputy
editor of the Belorusskaya delovaya gazeta,
around US$ 22,500 against the newspaper for defaming US citizen Arkady Mar,
who was supposedly editor of the newspaper Russkaya Amerika (“Russian
America”).
Mar interviewed President Lukashenka in mid-February and promised to devote 12 pages to him in a special edition.
On 22 February, Khalip published an article claiming that the aim of interviewing the Belarusian president was to extort
money from the Belarusian authorities by
exploiting their desire for positive coverage in the foreign press.
On 30 September, a Minsk district
court fined the private BDG. Delovaya
gazeta newspaper (the renamed Belorusskaya Delovaya Gazeta) and its investigative reporter Syarhey Satsyuk around
US$ 25,000 for libelling a former police
officer in a 2003 article. The newspaper
was also ordered to publish a retraction.
Police seized all copies of the 26 May
print run of the independent weekly Den
in the town of Dubrovnya. This was the
newspaper’s first attempt to publish in
almost one year, and the print run was on
its way in Belarus from Smolensk, Russia.
The Minsk City Prosecutor’s Office opened a criminal inquiry into the possible
defamation of the President
of Belarus in a series of
satirical Internet cartoons
Several independent newspapers were
excluded from the 2006 list of periodicals
that can be subscribed to through the
state postal service, Belposhta. Among
almost 20 papers affected was a range of
regional, non-governmental, social and
political periodical editions such as Narodnaya volya, Salidarnasts, the private
weekly Zhoda, the Belarusian-language
weekly Nasha Niva, the Minsk-based
weekly Tovarishch, Hazeta Slonimskaya,
Volnaye Hlybokaye, Vitebskii kurer, Brestskii kurer, IntexPress, and Rehiyanalnaya
hazeta. Belposhta said economics was the
reason for the exclusion. Journalists, however, believe there may be a political motive behind the move.
2005
In October, Minskharsauyzdruk, a
state-run company that operates Minsk’s
network of newspaper kiosks and newsstands, annulled a 2006 distribution contract that it signed earlier with Salidarnasts. Minskharsayuzdruk is a subsidiary
of Belsayuzdruk, which operates under
the Information Ministry’s control. Belsayuzdruk has refused to extend a distribution contract with the private weekly
Nasha Niva for 2006.
On 21 November, a judge at the
Minsk City Economic Court rejected a
lawsuit by Narodnaya volya against Minskharsauyzdruk. Reportedly, the same
judge threw out similar lawsuits against
Belsayuzdruk and its Minsk city branch
Minskharsauyzdruk, but continued the
newspaper’s suit against the state-run
Krasnaya Zvezda plant for the termination of a printing contract.
The crackdown on the
media has also extended to
the Internet
In December, the private weekly Salidarnasts (“Solidarity”) was forced to suspend publication. According to BAJ, the
newspaper announced it [had] stopped
printing because of “a purposeful deprivation of all sources of income.” On 23
December, the newspaper published a
memorandum explaining its circumstances, and the editorial staff said they
hoped to continue publishing the newspaper but not “under this rule.” The
newspaper managed to survive severe
pressure from the authorities but at the
end of the year, state enterprises cancelled
their contracts with Salidarnasts.
The Polish minority press also suffered at the hands of the authorities. Several
Polish and Belarusian journalists of Polish descent were harassed and detained
in the Belarusian cities of Schuchin and
Grodno.
On 1 August, Belarusian police arrested Andrzej Pisalnik, editor-in-chief of
Glos znad Niemna, a Polish minority
newspaper based in Belarus and a contributor to the Polish newspaper Rzeczpospolita, in Schuchin. Pisalnik, who is
also a spokesperson for the Union of
Poles in Belarus (SPB), was detained on
charges of “participating in an illegal gathering” – a concert organised by the SPB
in Belarus on 3 July. On 4 August, Pisal-
nik was tried and jailed for ten days. The
Belarusian Association of Journalists (BAJ)
criticised the court’s decision. Several
other members of the SPB were handed
down sentences of around two weeks.
According to reports, in late May a
printing plant in Grodno refused to print
an issue of the weekly Glos znad Niemna,
and in June, the same printing plant
printed two bogus issues of the newspaper, which carried articles presenting the
government’s official stance in the conflict with the SPB. Editor-in-chief Andrzej Pisalnik said that he knew nothing
about the fake editions, and appealed to
the police and prosecution about the illegal use of the newspaper’s name.
On 6 July, Pisalnik and several of his
colleagues from Glos znad Niemna, as
well as Andrzej Poczobut, editor-inchief of Magazyn Polski, and Ivan Roman, a reporter for the Solidarnost newspaper, were arrested by police in Grodno, while they were protesting in the
city centre against the harassment of
their newspapers.
On 27 July, special police officers and
plainclothes police officers entered the
SPB headquarters and detained many of
the journalists present in the offices at the
time. Among them were Pisalnik, Inesa
Todryk, a reporter for Glos znad Niemna,
Waclaw Radziwinowicz and Robert Kowalewski, journalists for Gazeta Wyborcza, Pavel Mazheika, the head of the
Grodno office of the BAJ, and Siarhey
Hryts, a photographer for the Associated
Press (AP). They spent about two hours
in detention and were all later released.
However, the police reportedly destroyed
the photographs the journalists managed
to take during their detainment.
Independent papers
were accused of violating
registration and publishing
procedures
In addition, on 27 July, Schuchin police detained Agnieszka Romaszewska, a
Polish journalist for the television channel TVP1, near the “Polish House” in
Schuchin, where a conference of the outgoing members of the SPB was being
held. Reportedly, she did not have the
necessary accreditation from the Belarusian Ministry of Foreign Affairs.
203
Adam Tuchlinksi, a photojournalist of
the weekly Polish news magazine Przekroj, was expelled from Belarus on 6 August. He was detained by Belarusian security agents when he was about to board a
Poland-bound train in the western city of
Grodno, and held at a local police station
for several hours. He was told that he did
not have proper accreditation to work in
Belarus. Tuchlinski returned to Poland
on a later train that day. According to reports, he was in Belarus on a tourist visa
and it is unclear whether he had practiced
journalism during his visit to Grodno.
In August, a court in Grodno forbade
Andrzej Poczobut, editor in chief of the
magazine Magazyn Polski from leaving
Belarus because he allegedly did not pay
a fine of approximately US$ 2,400.
Several independent
newspapers were excluded
from the 2006 list of
periodicals that can be
subscribed to through the
state postal service
Polish Television journalist Agnieszka
Romaszewska was detained at the Minsk
international airport on 13 December,
and not allowed to enter the country. The
journalist arrived on an assignment to
open a correspondent bureau of Telewizja
Polska (Polish Television) in Minsk and
reportedly had the appropriate accreditation and visa. She was deported on 14
December from Minsk airport.
On 15 December, President Aleksandr Lukashenko, signed into law a decree
that punishes criticism of the President
by up to five years in prison. The amendments to the penal code, secretly signed
by the President and approved by both
houses of parliament in early December,
were registered on 20 December and became law at the end of 2005.
Consequently, those who send appeals
to international organisations or foreign
governments, which the authorities believe are “harmful to the security interests
of Belarus,” through the mass media, can
be punished. “Discrediting the Republic
of Belarus” or “presenting false information about political, social, military, or
foreign policy in Belarus” is also punishG
able under the law.
204
2005
Belgium
S
tarting in 2005, the Belgian police
need special permission to tape journalists’ telephone calls and confiscate
materials. On 17 March, the chamber of
deputies of the Belgian parliament voted
unanimously to adopt amendments to a
law on the media regarding protection of
sources. Only in special cases, to prevent
serious or grave crimes will journalists
have to reveal their sources. According to
reports, in January, the newspaper De
Morgen announced that police were listening in on the phone calls of one of its
correspondents. Apparently, they were
trying to find out where the correspondent got news of a possible incident in
Antwerpen.
Journalists have been pressing for a
change in the law for many years, as a
number of attacks have taken place.
On 17 March, the
chamber of deputies of
the Belgian parliament
voted unanimously to
adopt amendments to
a law on the media regarding protection of sources
German news reporter Hans-Martin
Tillack continued his case against European Anti-Fraud Office (OLAF) in 2005,
fighting to overturn an action by the European Commission, which allowed for
police raids on his home and office, as
well as the confiscation of boxes of documents related to his journalistic work, as
well as his computer and mobile phone
on 19 March 2004. In 2002, the European Anti-Fraud Office (OLAF) alleged
that Tillack paid for leaked information
about one of its investigations into alleged wrongdoing at the European Commission, accusations which Tillack has
strongly denied.
A draft recommendation of the European Ombudsman, issued on 2 February, accused OLAF of presenting wrong
or misleading information in a former
inquiry lodged by Tillack.
In a draft report of the European Parliament, on 9 March, the Ombudsman
pointed out that it had been the intention of the legislator to offer to those concerned reliable protection under the rule
of law during the period of investigation.
Furthermore, the Ombudsman welcom-
ed the news that the Belgian Parliament
was drafting a new law which would in
future prohibit searches such as that conducted in the Tillack case. The Belgian
Parliament formally adopted the law on
17 March.
Tillack continued his
case against European
Anti-Fraud Office (OLAF)
in 2005
Furthermore, in Tillack’s case, in a judgement in April, the European Court of
Justice ruled that the Commission has
the right to look at Tillack’s materials.
Reportedly, Belgian police still hold the
documents and are investigating allegations against Tillack by OLAF.
In September, various media circulated the news that the European Commission drew up a paper on prevention, preparedness and response to terrorist attacks. In the paper, which warned, “the
media are taking an oversimplified view
of the world, which plays into terrorist
hands,” the media are advised to draw up
a code of conduct to ensure that they do
not act as propaganda outlets for terrorists.
On 21 September, the Commission
adopted a Communication on ‘Terrorist
Recruitment: addressing the factors contributing to violent radicalisation’, which
constitutes the Commission’s initial contribution to an EU-wide strategy on the
subject.
The media are taking
an oversimplified view
of the world, which plays
into terrorist hands
Three Moroccan journalists were assaulted during the weekend of 23-25
September in Mol, reported the IFJ and
the Belgian Journalists’ Union. Hassan El
Bouharrouti, the Belgium correspondent
for 2M, Abdullah Mustapha, correspondent for Asharq Alawsat, and Nassibi Mohammed, the Belgium bureau chief of
the Agence Maghreb Arabe Presse, were
barred from the conference premises during the annual meeting of the EUCOCO
(Task Force for the European Coordination in support to the Saharawi people),
while other journalists were allowed to
attend. The three journalists were also
insulted and physically assaulted by conference participants.
Mongolian journalist Erdenehand
Tserensodnom and her 10-year old son
were held in a temporary holding centre
for foreigners without papers on their
detention. The Interior Ministry wanted
to expel her. The journalist fled from
Mongolia in 2001 fearing for her safety
after a series of articles on corruption that
she wrote were published. One of the
journalist’s colleagues was stabbed with a
knife in revenge for a publication. Reportedly, Tserensodnom, was deported from
G
Belgium in December.
2005
205
Bosnia and Herzegovina
By the South East Europe
Media Organization (SEEMO)
F
or a couple of years there have been
no serious attacks on journalists or
continuous pressure by the state. Media
outlets are relatively free, while a lack of
professionalism and various kinds of economic and political bias are more a result
of self-censorship by owners, editors and
journalists, rather than pressure from
society. However there are many indirect
methods and advertising pressure is one
of the most efficient tools against the
media. Moreover, there are numerous cases of a company or a political group controlling a company threatening to stop
advertising, if it is not happy with the
reporting.
According to a classification of the
Journalist Help Line, which operates
within the association BH Novinari,
most cases of pressure reported against
journalists may be listed under “Threats
and pressure,” and there were 10 of them
this year. As for labour disputes, i.e. conflicts and threats within media outlets
regarding content editing, there were seven cases. One physical attack was reported and there were eight other cases of
violations of media freedom. We need to
stress that these are reported cases, in
which journalists summoned up the courage to complain about pressure. There is
no doubt that the actual number of cases
is bigger, but we cite this data as a trend
of the types of pressure.
However there are many
indirect methods and
advertising pressure is one
of the most efficient tools
against the media
March was marked by a sexual harassment scandal involving an RTV Gorazde
Canton journalist and a politician. When
journalist Elma Kazagic tried to get a
statement from Cantonal Prime Minister
Salko Obhodzas, she was showered with
cynical remarks, such as, “You are so pretty today, what have you been doing last
night” and “You have eyes as beautiful as
the shallow waters of the sea.” After being
warned by the journalist that he was being filmed, the prime minister responded: “What does that matter.” The gener-
al opinion of the press community is that
Obhodzas was making his feelings clear
towards RTV Gorazde. SDA-led authorities have had a negative attitude towards
the outlet for a long time because they are
not able to place this outlet under their
control. The scandal was made public
when the journalist gave the tape in midMarch to TV Hayat, which broadcast it
in its primetime news programme. RTV
Gorazde Director Ernad Metaj immediately resigned, saying it was primarily for
moral reasons, because he had not been
able to protect his employee. However,
he added he did not understand why he
had not been informed about the case,
and instead found out about it from
another TV station. Elma Kazagic left
Gorazde and obtained a job with TV
Hayat in Sarajevo. She said the situation
in Gorazde was very difficult for journalists because they are subjected to constant
pressure from the government.
Sandra Gojkovic, Nezavisne novine
journalist, received a telephone threat on
18 April 2005 that it “will be bad for her
safety and life” if she published an article
on illegal activities going on at the Faculty of Mechanical Engineering in Banja
Luka, which she was writing about that
day. The person who called presented
himself as “Milutin.” Gojkovic told the
Sarajevo daily Oslobodenje on 20 April
that the article spoke about the illegal
election of the Faculty of Mechanical Engineering dean who, according to information obtained by Nezavisne novine,
had embezzled 140,000 BAM. The phone number of the caller was registered by
the switchboard at the Nezavisne novine,
and police were notified. The owner of
the cellular phone used to call Gojkovic
did not work at the School of Engineering, but had a degree in engineering and
denied that he called. The threats were
condemned by the BH Journalists’ Association and by the Vienna South East
Europe Media Organisation (SEEMO).
On World Press Freedom Day, 3 May
2005, the President of Republika Srpska,
Dragan Cavic attacked the editorial policy of RTV RS calling it “a media that
makes the population depressed.” According to journalist association BH Novinari, which reacted with a protest, it was
“not the first time that Cavic tried to
have [an] influence [over] RTV Republika Srpska.”
On 1 June, Dnevni list journalist Nermin Bise was physically attacked by police while trying to film a clash between
Mostar fans supporting the football team
Velec and police. Bise told VIP that when
he took out his camera to start filming
what was going on, a police officer hit
him on the back with a baton, although
his press card was visible. Almost at the
same time, Jazid Ahmetkadic, a cameraman for the public broadcasting service,
was attacked in Zenica while trying to
film a mass fistfight in the city. He says it
was clear he was a cameraman at work,
not a curious passer-by. BH Novinari
expressed a strong protest against Mostar
police officers for attacking a journalist
and against those in Zenica for not protecting a journalist.
The journalist said the
move was a classic lynching
In August, the SDS Municipal Board
and Caucus in Gacko declared Biljana
Bokic, RTRS journalist, “a persona non
grata in the town and called on “all conscientious citizens to treat her as such.” In
the elaboration, they stated that her reports contained a number of insults, defamations and lies aimed at toppling the
dignity of Milan Radmilovic, Head of the
Gacko Municipality. The journalist said
the move was a classic lynching. Bokic
said in Nezavisne novine, on 1 September,
those who signed the statement did not
provide arguments for their position and
did not quote what was untrue in her
articles. The association BH Novinari
and RTRS reacted promptly and condemned the pressure. Immediately afterwards, the Gacko SDS Municipal Board
issued an apology saying that a “draft version” of the press release had been sent to
the media by mistake, and that the party
does not stand behind the view on the
expression of “persona non grata.” It said
the dispute would be sorted out “by force
of arguments.”
On 8 August, two police inspectors in
Tuzla entered the bureau of the daily
Oslobodenje without a court order and
asked to interrogate journalist Avdo Avdic. An article by him about the involvement of Tuzla police in human trafficking and the illegal transfer of people to
France triggered the unexpected visit. As
Avdic explained in an item published in
206
Oslobodenje on 10 August 2005, the inspectors asked him to get into their car,
which he refused to do, after which they
took his suggestion and went to a nearby
coffee shop. They asked him to reveal the
source of his information, which he refused to do, after which the police officers left. BH Novinari strongly reacted
against the move, calling the insistence
that a journalist reveal a source of information: a classic act of pressure on a journalist. The association especially stressed
the legal flaw – for an interrogation there
must be a court order, which was missing
at the time. Tuzla Canton police said it
was not an interrogation, but rather a
“friendly” conversation, and that for the
purpose of the investigation, the inspectors wanted to get more information on
the case from Avdic as a citizen. Following the association’s protest, Cantonal
Police Commissioner Ivica Divkovic publicly apologised both to Avdic and BH
Novinari, calling the whole matter a misunderstanding and promising full protection for journalists.
Divkovic publicly apologised both to Avdic and BH
Novinari, calling the whole
matter a misunderstanding
and promising full protection for journalists
As Dnevni Avaz reported on 19 August, its news crew was attacked in Cajnice while filming reportage. The newspaper alleges that a group of people in the
Republika Srpska town, upon learning
that the journalists were from Dnevni
Avaz, started cursing them and threatened to use violence, demanding they
should leave the town immediately. This
was supported by a local police officer.
The journalists got into a car, but were
stopped at a road barricade and ran to a
nearby house, where a Serb woman gave
them shelter. After the group of men,
who were standing at the barricade left,
the woman escorted them to the border
with Montenegro, across which the Avaz
crew then returned to Sarajevo.
Glas Srpski reported on 30 August that
journalists of Euro Blic, BN Television,
Glas Srpski, RTRS and Srna from Zvornik sent a letter to local authorities and
international institutions in BiH, com-
plaining that they were being hampered
in their work in the town of Zvornik by
frequent threats coming from both the
Bosniak and the Serb communities in the
town.
The editor of “60 minuta”
was not frightened and
in the next programme he
called Ceric “politicised”
and “someone who
mixes religious duties with
politics.”
On 6 September a hand grenade was
hurled at the house of Rezak Hukanovic,
owner and Editor-in-Chief of Nezavisna
TV 101 from Prijedor. Material damage
was done, but no one was hurt. As Hukanovic told Dnevni Avaz in the 8 September edition, he is not sure why the crime
happened, but he assumes it was either
because of his journalism or his ethnic
background. Oslobodenje reported the
same day that Hukanovic is a returnee to
Prijedor who founded his own TV station. The paper says that his property has
been attacked three times since 2001, but
the perpetrators were never found.
The top Islamic leader in BiH, Reis
Mustafa Ceric, slammed Federal TV during a religious service (“Ramadan hutba”)
in Bey’s Mosque, in particular the programme “60 minuta” and its Editor Bakir
Hadziomerovic. “We thought TV FBiH
would leave us to fast this Ramadan in
peace, after refusing to broadcast the call
for the evening meal,” said Ceric to the
media. “But FTV would not be true to
itself if it did not disturb us in the month
of Ramadan. In the programme on 24
October, Bosnian Muslims were associated with an alleged international terrorist
network. What FTV is doing in the Monday programmes is spreading fear among
Muslims in BiH and inciting those who
have not finished their killing to finish
it,” said the Reis during the religious service in the mosque. In fact, Bosnian Muslims were not being associated with terrorism in the disputed programme, only
Bosniak individuals, some of whom are
close to the government.
Another strange assertion is that nothing may be mentioned on TV during Ramadan, which might allegedly insult
Muslims. Dani magazine, in its 4 No-
2005
vember issue, wrote that the “psychological and propaganda context of Ceric’s
words is reminiscent of the fetva against
Salman Rushdie.” The editor of “60 minuta” was not frightened and in the next
programme he called Ceric “politicised”
and “someone who mixes religious duties
with politics.”
Almost all dailies carried the news on
2 November that TV OBN Program Director Zekerijah Smajic had resigned
from his position. The resignation was
sparked by the physical removal by security guards of a journalist from Sarajevo’s
Gracija magazine who was covering Multi Talents Show, produced by the station.
Smajic said he could not back the station’s owner, Ivan Caleta, who supported
the conduct against the journalist and
colleague, no matter what the reason. Caleta was once the owner of Nova TV from
Zagreb. However, Smajic also told Dnevni Avaz the fundamental reason for his
resignation is a deep misunderstanding
with the owner, whom he says does not
want to accept the concept of a true professional programme with quality people
G
and content.
For more information about media developments and press freedom in Bosnia
and Herzogovina, please see the SEEMO
Media Handbook 2005/2006.
2005
207
Bulgaria
Media Organisation (SEEMO)
J
ournalists in Bulgaria initiated interesting court proceedings during 2005
in connection with the Access to Public
Information Act. In two cases, the court
accepted appeals against refusals. The
first is the case of journalist Zoya Dimitrova, who, when working for the Monitor daily, demanded to know whether
there was any truth to the allegations that
companies close to the Bulgarian Socialist Party had violated embargo restrictions in Iraq. The other is the case of journalist Pavlina Trifonova from the national daily newspaper 24 Chassa over a refusal by the Government Information
Service (GIS) at the Council of Ministers
to give information on the official trips of
ministers and conditions in vacation centres.
Bulgarian journalists and
members of parliament
introduced a draft act to
amend article 339a.
However, the provision
remains unchanged
The appeals of journalists Vassil Chobanov from radio New Europe and Hristo Hristov from the Dnevnik daily newspaper were dismissed. Regarding the first
case, judges defended the position that
cabinet minutes could be refused as “preparatory documents” to a given decision.
Concerning the second case, the Panel of
the SAC upheld the position of the Supreme Judicial Court that the body was
not obliged to keep annual reports of the
Prosecutor’s Office and to give access to
them respectively. The question remained
whether the SJC really disposed of the
reports, since its refusal left the impression that it did. The final judgement on
the case of journalist Hristo Hristov from
Dnevnik over refusal to provide information by the National Investigation Services (NIS) is forthcoming. The journalist
demanded access to documents related to
the work of former state security services
in the course of his investigation into the
death of dissident writer Georgi Markov.
The file of the case has been listed as classified at the request of the Director of
NIS, General Kirov. Journalist Silvya Yo-
tova appealed the refusal of the Minister
of Public Works to provide access to a
concession contract for the construction
of a highway. According to the minister,
the contract and the assessments that preceded the decision of the government to
sign the contract were officially a secret.
The 2004 case of Romanian journalist
George Buhnici, who was charged under
article 339a of the Penal Code for illegal
use of “special technical means,” shows
there are still problems hindering press
freedom in the Criminal Code. There is
criminal liability for the use of technical
means without permission, with up to
five years imprisonment in cases of conviction. Bulgarian journalists and members of parliament introduced a draft act
to amend article 339a. However, the provision remains unchanged.
This year there were no cases of brutal
attacks on journalists, as have occurred in
the past. Indeed, there were only two significant cases related to media freedom,
which actually started in 2004. In April,
lawyer Mihail Ekimdzhiev urged Bulgarian journalists to file a complaint in the
European Court of Human Rights in
Strasbourg against the Bulgarian state for
threatening investigative journalism. The
appeal was initiated over the cases of Romanian journalist George Buhnici and
the BBC investigation over corruption in
the International Olympic Committee,
presented by Bulgarian journalists in
Strasbourg.
Then the Ruse District
Court reversed its decision
and on 27 December,
the Ruse Regional Court
confirmed the acquittal
of Buhnici
The legal process against Romanian
journalist George Buhnici from PRO TV,
who was arrested in November 2004 at
the Romanian-Bulgarian border, continued this year. SEEMO reacted at that
time with a protest letter to Bulgarian officials. Buhnici was detained by border
control authorities at the Danube Bridge
border crossing while he was using a camera hidden in his spectacles to shoot a
report on smuggling activities at Bulgarian duty free shops.
On 15 September, the court acquitted
Buhnici. On 3 December, the Ruse Regional Court found Buhnici guilty on charges of illegal possession and use of special
intelligence, and requested him to pay
about 500 Euros. Then the Ruse District
Court reversed its decision and on 27
December, the Ruse Regional Court confirmed the acquittal of Buhnici.
In the countryside a journalist with
the Trud daily was attacked while performing professional duties. The attacker
was fined approximately 400 Euros by
the court.
There are still many court cases involving journalists who are found guilty of
revealing facts. According to the National
Statistic Institute of Bulgaria, in 2002,
10 people were convicted for libel out of
100 court procedures, while in 2003 the
G
number was 15 out of 109 people.
For more information about media developments and press freedom in Bulgaria,
please see the SEEMO Media Handbook
2005/2006.
208
2005
Croatia
Media Organisation (SEEMO)
O
n 4 February, the weekly Globus
published a document by the Counter Intelligence Agency (POA) in which a
group of five Croatian journalists were
accused of meeting with representatives
of foreign secret services. Zeljko Peratovic
of the daily Vjesnik, Gordan Malic of
Globus, Ivica Djikic of the Feral Tribune,
and Ivanka Toma and Marijo Kavain of
the daily Jutarnji list, called for an inquiry
because the published article claimed that
POA, led by its former chief Franjo Turek, had tapped their phones in 2003 and
2004 on suspicion of participating in a
media-intelligence campaign against
Croatia.
The reporters said that a published
POA document described their articles
on investigations by the Hague war crimes tribunal and the functioning of security services as “a premeditated, organised
and co-ordinated campaign to disseminate misinformation jeopardising national security.” SEEMO sent a letter of protest and urged Croatian authorities to investigate this case and to allow journalists
to work freely. On 8 February, Zlatko
Mehun, spokesperson for the Croatian
Ministry of Interior, sent an open letter
to President of the Croatian Journalists’
Association (HND) Dragutin Lucic in
which he asked the HND’s Court of
Honour to discuss “published lies without concrete proof in weekly Globus and
daily Jutarnji list.”
Severina sued the daily for
publishing an article about
her movie on 2 June 2004
with five photos and asked
for compensation
On 11 February, the Working Group
of the Parliamentary Committee for Internal Politics and National Security, consisting of five members, started investigating the case of the five observed journalists. On 22 February, former director
of POA Franjo Turek gave his testimony
in front of the Working Group and claimed that the eavesdropping on journalists and Hague reporters was justified,
since he ascertained they were foreign informants.
At the beginning of March, four of the
accused journalists were heard by the
Working Group, which eventually presented its final decision on 15 March,
claiming that the journalists were illegally treated and that their human rights
and basic journalists’ rights, which are
guaranteed by the constitution, were harmed for no reason.
At the beginning of January, Miomir
Zuzul, former Croatian Minister of Foreign Affairs, and his wife Tatjana, sued
the editor of the Web site Index.hr, Matija Babic, for libel. The reason for the
action was an article by Babic published
in the daily Slobodna Dalmacija from
Split on 6 November 2004, in which the
author claimed the Zuzuls were receiving
a bribe. On 21 February, a first hearing
was held, but the Zuzuls did not appear,
so another hearing was held in June.
On the previous day,
the same man was arrested
in the office of the paper’s
management, where he
tried to steal a computer
At the end of January, the County
Court in Pula confirmed a first-degree
verdict in the case of Albert Faggian, former director of companies “Mljekara” and
“Puljanka,” and against Zoran Angeleski,
journalist for Glas Istre daily from Pula.
Angeleski was found guilty of libel
after writing in an article published on 21
December 2000 that Faggian was “charged with eight criminal offences.” This
could not be confirmed during the court
procedure because Angeleski did not
want to reveal his unofficial source. He
was charged approximately 480 Euro or
10 days imprisonment. Angeleski’s lawyer filed a complaint for the third time,
but the court rejected it. In the middle of
April, in a new court case, Angeleski was
freed on all charges.
On 27 January, a court procedure began in Zagreb on behalf of Croatian singer Severina Vuckovic, who sued Rijekabased daily Novi list for inflicted pain and
suffering. It was a continuation of legal
procedures started by the singer against
Croatian media after a private movie of
hers, showing intimate sex scenes, appeared on the Internet in 2004. Severina sued the daily for publishing an article
about her movie on 2 June 2004 with five
photos and asked for compensation.
On 1 February, Marijan Malcevic,
journalist for the Vecernji list daily from
Zagreb, was physically attacked in the
street while researching a story about illegal businesses by a family in Zagreb. He
was trying to take photos of the house in
which the family lived. The Croatian
Journalists’ Association (HND) asked the
police and public prosecutors to research
the case and expressed dissatisfaction
with investigations into similar cases involving journalists.
On 11 February, the Split County
Court decided to uphold a sentence
against Ljubica Letinic, a journalist for
Croatian Radio and Television (HRT),
after she filed an appeal. On 12 July
2004, Letinic was handed a two-month
suspended prison sentence by the Municipal Court in Split for defaming a local
businessman in the television programme
“Latinica” on March 2002. This sentence
was given to the journalist under the
Criminal Code.
On 18 February, SEEMO sent a letter
of protest to Croatian officials, asking
them to revoke her sentence. Even the
Croatian Ministry of Justice supported
Letinic in asking for protection, because
according to the ministry a journalist
cannot be sentenced to prison for libel
because the offence has been decriminalised.
At the end of February, a court case
began against two journalists from the
Feral Tribune weekly, Ivica Dikic and
Vladimir Marijanic. They were both sued
by three former members of the SIS (the
Croatian secret service belonging to the
Ministry of Defence) for libel, based on
an article published in the weekly on 19
April 2003.
At the end of February, Ilko Cimic,
editor-in-chief of the weekly Setemana
from Dubrovnik, sent a press release to
Croatian and international organisations
in which he presented the problems his
paper had with the City of Dubrovnik.
According to Cimic, since 1 February,
the weekly’s right to information has been
ignored by the City of Dubrovnik. It did
not receive information connected to City Protocol and its journalists were not
invited to meetings held by Municipal
Authorities. In the middle of March, Cimic filed a complaint to the Commission
against Dubravka Suica, mayor of Dub-
2005
rovnik, asking for a decision on a clash of
interests in the violation of rules of the
Law on Prevention of Interest in Fulfilling Public Duties.
In February, the editorial offices of the
Zagreb daily Vecernji list, which are in the
Vjesnik building in Zagreb, were under
police surveillance after a 30-year old
man threatened to throw a bomb into the
building. On the previous day, the same
man was arrested in the office of the paper’s management, where he tried to steal
a computer. He called the police and
threatened to throw a bomb into the offices after reading an article in Vecernji
list about the criminal act he attempted.
At the beginning of March, Neven Pavic, editor-in-chief of Zadar-based weekly Narodni list, was given a suspended
prison sentence of three months. Pavic
was sued for libel by Denis Sokol, Municipal State Attorney in Zadar, over an
article published in Narodni list on 29
January 2004 in which an anonymous
author wrote about dubious financial
transactions by the former director of one
of Croatia’s insurance companies.
Croatian Radio (HR)
journalist Petar Stefanic
became the new host
of “Otvoreno”
In March, former head of Rijeka Financial Police Petar Caric verbally threatened Ica Mikulicic, journalist for the daily Novi list in Rijeka, stating he would
physically attack him, after Caric asked
him questions.
In March, Tihomir Ladisic, editor
and presenter of the “Otvoreno” (“Open”)
show on HTV was suspended for one
month and his salary cut by 30 per cent
by the editor-in-chief of HTV Informative Programming Vladimir Roncevic.
The reason for this action was an edition
of the show that ran on 3 March about
local elections in which the mayor of the
city of Rijeka, Vojko Obersnel, was invited and then asked not to come when he
was already on his way to Zagreb. Ladisic
said he had decided to cancel Obersnel’s
invitation because he wanted to have
political balance in the show and he had
already received a positive answer from
the mayor of Zagreb, Milan Bandic,
who belongs to the same party as Obersnel. On 8 November, the leadership of
209
HTV Informative Programming suspended Ladisic again after Roncevic stated
that Ladisic had made professional omissions while hosting the 31 October show.
On 22 November, after a debate, the
Croatian Radio and Television (HRT)
Programme Council was not able to
reach a consensus over his dismissal. It
also debated whether or not the Programme Council had the right to interfere in
HRT’s human resources management.
Croatian Radio (HR) journalist Petar
Stefanic became the new host of “Otvoreno.”
On 20 July, he had
verbally attacked her in a
press conference
On 8 March, Marijan Milevoj, journalist and correspondent from the town
of Labin for the daily Pula-based Glas
Istre, received a threatening letter by local
entrepreneur and former opposition
councillor Adriano Kirsic. In addition to
insults, the letter also contained a message of blackmail in which Kirsic allegedly told Milevoj he should publish
what he asks from him, otherwise Kirsic
would publish negative texts about the
journalist and his private life on his own
Web site. Milevoj informed the police
about the incident. Later Adriano Sculac,
editor for Radio Labin, said he had also
received a letter from Kirsic at the end of
February similar in content, in which he
asked for media favours.
At the beginning of April, a new criminal complaint was filed against Ivan Bozicevic, former president of the board of
the daily Vjesnik for misusing his position
and harming the publisher at a cost of
more than 5 million HRK.
On 6 July, Rozeta Bogeljic, journalist
for the 24 sata daily from Zagreb, was visited at home by police and summoned to
court, where a second hearing in her court
case was taking place. She was sued for
libel by Mate Marsic, director of a local
school in Zadar, for an article in which
children accused him of violating their
freedom to wear what they want to school.
Bogeljic said she had never received an
invitation for the second hearing.
In the middle of July, Josip Mraovic,
an entrepreneur from the town of Gospic, sued Zagreb-based Vecernji list for
inflicted pain and suffering after it pub-
lished an article on 16 April in which it
dealt with a scandal involving Mraovic.
In the article, American basketball player
Ilisha Jarret, who at the time played for a
Gospic basketball club, accused Mraovic
of raping her. He was arrested, but police
released him immediately. Mraovic asked
for compensation of around one million
Euros.
On 21 July, independent parliamentary representative Branimir Glavas declared Maja Maric, Osijek correspondent
for the Vecernji list daily from Zagreb,
unwanted at his press conferences in a
letter sent to her editors. He stated she
was “unprofessional, biased and insulting.” On 20 July, he had verbally attacked her in a press conference and wrote a
letter after she reported about his behaviour in the paper.
At the end of October, the Council of
the Regional Court annulled a first-degree decision releasing Slavica Modric Mrkic, a journalist for Rijeka based daily
Novi list, from criminal responsibility for
libel. Modric Mrkic had been sued by
Ksenija Linic, head of Rijeka City
Chamber, for a satirical article in which
she mentioned Linic. The court originally approved Linic’s complaint. On 21
November, she was sentenced to two
months imprisonment for defamation.
On 21 November,
she was sentenced to
two months imprisonment
for defamation
On 2 November, the Municipal Court
in Zagreb issued a five-month suspended
jail sentence to Croatian journalist and
writer Predrag Matvejevic for libel. In his
article Our Talibans, published in Zagreb
daily Jutarnji list on 10 November 2001,
Matvejevic criticised certain Croatian
writers for stirring up ethnic hatred during the presidency of the late Franjo
Tudjman.
The court’s decision was based on an
action brought by writer Mile Pesorda.
On 10 November, SEEMO issued a response in which it urged the higher court
in Croatia to urgently examine this decision, and called on the Croatian Parliament to revise the present law. In the
middle of December, the Zagreb County
Court validated a libel verdict against
210
Croatian journalist Josip Jovic is seen sitting
in the back of a police vehicle after he was
detained in Split, Croatia, on 6 October 2005.
(AP Photo)
Matvejevic since he failed to lodge an
appeal. Matvejevic’s attorney Vesna Alaburic announced that an appeal would be
forwarded to the European Parliament in
Strasbourg. In doing so, Alaburic
would try to refute the libel verdict.
HTV Director Marija
Nemsic explained that the
show would not be broadcast until mid-January due
to programming reasons
In the middle of November, Ilija Marsic, retired journalist and former deputy
editor-in-chief of the Slobodna Dalmacija
daily from Split, was sentenced to a fine
of either 6,600 HRK or 20 days imprisonment for libel. Nediljko Ivancevic,
then Municipal State Prosecutor, sued
him for saying in a press conference in
October 2001 that Ivancevic was guilty
of covering up the Slobodna Dalmacija
case.
On 24 November, Robert Frank, a
journalist for Rijeka-based daily Novi list,
received a three-month suspended prison
sentence on 18 May for libel after being
sued by Ksenija Linic, Head of the Rijeka
City Chamber for an article published in
September 2001.
On 6 December, Drago Hedl, editor
of the Croatian weekly Feral Tribune, received a death threat in the form of a let-
ter. Hedl said that the letter was directed
at him and a source for a series of articles
he published in Feral Tribune on the torture and killing of Serbian civilians in
Osijek in 1991. It is not the first time
Hedl has received a death threat. On 14
December, SEEMO sent a letter of protest to Croatian officials asking them to
do everything in their power to urgently
investigate the threat and to take all necessary steps to protect Hedl’s life.
On 10 December, the Court in Belgrade, Serbia, convicted 14 former soldiers on charges of torturing and executing Croatian civilians in 1991, including
two individuals from the media. The
incidents happened during the Serbian
Vukovar-military action, when Sinisa
Glavasevic, editor-in-Chief of Radio
Vukovar and Branko Polovina, a technical person, were executed.
The results of the
survey were sent to HTV
Programme Director
Tatjana Simic Vlajki
On 12 December, after the broadcast
of an edition of Croatian Radio Television (HRT)’s popular political show
“Latinica” called “Tudjman’s Legacy”,
editor of the show Denis Latin together
with his staff members started receiving
numerous death threats. During the
show, guests discussed the late Croatian
president Franjo Tudjman and his role, as
well as his legacy. Zrinka Vrabec-Mojzes,
editor at Radio 101 from Zagreb, who
2005
herself was a guest in the same show, also
started receiving death threats, as well as
other editors and journalists working for
the radio station.
On 13 December, a 10-hour debate
about the show was held in Parliament,
although parliamentarians were scheduled to discuss other matters. Parliamentary Speaker Vladimir Seks stated that
the show presented the late president as a
“notorious criminal,” which is a blasphemous forgery of Croatia’s history. He
added that it was obviously tendentious
and contrary to all journalistic standards
and that Parliament, as the highest legislative body, needed to address the issue.
HRT Director General Mirko Galic,
who was present in Parliament to present
the HRT financial report, was called on
to respond to the criticisms of the “Latinica” show. He admitted that the show
was produced unprofessionally and that
competent HRT bodies would state their
position on the matter. He also asserted
that those responsible would be sanctioned.
On 14 December, Galic and his closest associates were again the target of criticism in Parliament, mainly from parliamentarians of the ruling Croatian Democratic Union (HDZ). While most opposition MPs announced their support of
the two HRT reports debated in Parliament, HDZ and the Croatian Party of
Rights (HSP) continued to attack the
work of the public broadcaster and even
called for HRT management to resign,
stating that no level of Croatian society
was satisfied with HRT, which Galic
refuted. On 17 December, the “Latinica”
feature “Why are we ashamed of our
Partisan past?” was not aired as planned,
and was replaced by a live broadcast of a
humanitarian concert, initially to be aired on the 2nd channel. HTV Director
Marija Nemcic explained that the show
would not be broadcast until midJanuary due to programming reasons.
Many international and national organisations and NGOs voiced concern
over parliamentary debates about HRT,
which they say are unacceptable, since
they represented a direct political attack
on the public broadcaster. It was noted
that HRT’s editorial policy and programme content were not under Parliament’s
jurisdiction, but rather that of the HRT
Programme Council. SEEMO also sent a
letter of protest to Croatian officials on
2005
21 December and emphasised that open
discussions and critical views are a part of
every democratic society and especially
important for nascent democracies.
Therefore, SEEMO found it extremely
alarming that a TV show could cause
such reactions, including a call by certain
individuals to lynch journalists in Croatia. SEEMO also expressed its extreme
worry that several Croatian members of
Parliament may have started this campaign and who, by doing so, have violated the laws on freedom of expression.
SEEMO asked Croatian officials to do
everything in their power to protect the
lives of threatened journalists and to secure the independence of Croatian Radio
Television (HRT). Latin and Vrabec-Mojzes were placed under police protection
following numerous threats. On 28 December, Croatian President Stjepan Mesic publicly criticised the parliamentary
debate on HRT.
Some organisations
condemned these acts
as violations of press
freedom rights
At the end of December, the new
founded Article X journalists’ association
conducted a survey amongst its members, 122 media experts, including editors of leading Croatian newspapers, television and radio stations, and Web portals, which concluded the “Latinica”
piece about Tudjman’s legacy was a respectable and professional piece of work,
earning a score of 3.45 out of five. The
results of the survey were sent to HTV
Programme Director Tatjana Simic Vlajki. Two commissions were set up to review the controversial episode.
At the end of December, the mayor of
Belisce, Zvonko Boric, banned Jutarnji
list daily journalist Danijela Novak from
attending council sessions, explaining
that “insolent and naughty” Novak could
no longer attend sessions because her
reporting was not affirmative. Boric said
his decision was supported by all coalition partners – Social Democrats (SDP),
Peoples’ Party (HNS), Social Liberals
(HSLS), and Pensioners’ Party (HSU).
On 30 December, Sanja Najvirt, reporter for Croatian Television (HTV),
was injured in a scuffle in front of the
County Assembly building in the town of
Pozega when reporters were prevented
from doing their job. Security guards
hired by the ruling coalition and led by
the Croatian Democratic Union (HDZ)
and Party of Rights (HSP), prevented opposition councillors and reporters from
entering the building in which the
County Assembly was voting on the 2006
budget. Pozega County Prefect Anto Bagaric apologised to the injured journalist,
but stressed that neither security guards
nor county authorities were responsible
for her injuries.
At the end of the Split Country Court
confirmed a verdict against Zeljko Rogisic from the Nacional magazine that
found him guilty of defamation, reached
by the Sinj Municipal Court in September. He could receive a fine of 4,700
HRK or 15 days in prison (if the fine is
not paid). Former Split Boarder Police
Commander Tihomir Maras sued Rogosic for libel after Rogosic highlighted a
car smuggling affair involving high intelligence and customs officials five years
ago. Ljubica Letinic from Croatian HTV
was convicted in the same case earlier in
2005.
One topic was an item of interest in
2005: cases in which journalists in Croatia were fined by the Criminal Tribunal
for former Yugoslavia (the ICTY) from
Hague. After several Croatian journalists
were indicted by the Hague Tribunal,
Croatian journalists and media divided
into two camps. Some organisations condemned these acts as violations of press
freedom rights.
The release stated that
police had previously threatened to arrest Margetic
because he did not reply
to an invitation to come to
an informal talk
The story began in 2004 when, on 2
December 2004, the International Criminal Tribunal for the Former Yugoslavia
ordered the weekly Hrvatsko slovo to stop
publishing statements by protected witnesses. The press release by ICTY also
stated that ignoring the request could
lead to imprisonment of up to seven
years, or fines reaching 100,000 Euros.
ICTY asked Croatian officials to direct
the order to Stjepan Seselj and Domagoj
211
Margetic because of the 26 November
2004 issue of Hrvatsko slovo in which
transcripts of a trial were published.
On 18 December 2004, the editorial
staff of Novo hrvatsko slovo (NHS), which
followed in Hrvatsko slovo’s tradition after
its closure, informed the media that its
editor-in-chief, Domagoj Margetic, had
been captured and taken the night before, Friday, 17 December 2004, by unknown people.
On 26 August, Margetic
started a hunger strike
because the Croatian government did not want to
finance his defence
The release stated that police had previously threatened to arrest Margetic because he did not reply to an invitation to
come to an informal talk as ordered by
ICTY. The police said they did not arrest
Margetic and even managed to reach him
by phone on Saturday. On Sunday, 19
December 2004, Margetic showed up at
the police station for a talk, claiming
unknown men had kidnapped him.
On 26 April, the International Criminal Tribunal for former Yugoslavia
(ICTY) from Hague brought charges
against three Croatian journalists, Ivica
Marijacic, editor-in-chief of the Hrvatski
list weekly from town of Zadar, Stjepan
Seselj, director of the Hrvatsko slovo
weekly and Domagoj Margetic, former
editor-in-chief of Hrvatsko Slovo, for ignoring the ICTY and publishing identities of protected witnesses, and their statements. Arrest warrants were not issued,
but the indicted journalists could be sentenced to a maximum of seven years
imprisonment and fined up to 100,000
Euros under Rule 77 of the ICTY.
Zdenko Duka, vice-president of the
Croatian Journalists’ Association (HND)
said that three indicted journalists “acted
unprofessionally and violated the Statute
of the ICTY.” On 3 May, some 50 journalists from Split joined an open letter
directed at HND and the Croatian public, compiled by the Initiative of Journalists for Press Freedom and Depoliticisation of HND.
In the middle of May, the HND Executive Board said it would do everything
in its power to help the three indicted
212
2005
Republic of Cyprus*
journalists, although they were not members of the association. It also stated that
ICTY should be satisfied with their apology. At the end of May, ICTY ordered
Marijacic, Seselj and Margetic to appear
before the ICTY on 14 June in order to
provide statements. On 14 June, all three
journalists appeared in the court in the
Hague and pleaded not guilty.
IPI/SEEMO urgently
appealed to the ICTY to
change its rules dealing
with contempt of court so
that internationally
acknowledged principles of
press freedom are upheld
Marin Ivanovic, Marijacic’s lawyer,
asked the ICTY to discard his indictment. On 22 September, Margetic filed a
complaint to the Constitutional Court in
which he disputed the amended charges
by the ICTY of 6 July accusing him of
contempt of court. He said that the
charges violated his constitutional rights
to freedom of thought, speech and public
appearance. On 26 August, Margetic
started a hunger strike because the Croatian government did not want to finance
his defence. In several letters, he informed leading international media organisations, among them the Vienna-based
South East Europe Media Organisation
(SEEMO), about his situation. On 26
September, Marijan Krizic, editor-inchief of weekly Hrvatsko slovo pleaded
not guilty in front of the ICTY for revealing the identity of a protected witness.
At the beginning of June, Josip Jovic,
a journalist for the Slobodna Dalmacija
daily from Split, was summoned to the
ICTY offices in Zagreb for talks with
investigators on 17 June because he had
also published the identity of a protected
witness in December 2000 when he was
editor-in-chief of the same paper. On 12
September, the ICTY brought charges
against Jovic, who did not appear in
court on 26 September to give a statement. On 6 October, Jovic was arrested
and jailed in Split, but was released on 13
October. He flew to Hague on 14 October and pleaded not guilty in front of
the ICTY. Many international organisations protested his arrest.
SEEMO and IPI issued a press release
on 14 October in which they expressed
their support for actions taken by the Organisation for Security and Co-operation
in Europe (OSCE) Representative on
Freedom of the Media Miklos Haraszti
demanding the reform of procedures of
the ICTY. In his letter to the president of
the ICTY, dated 11 October, Haraszti
referred to cases of Croatian journalists
who have been indicted by the body for
contempt of court, and demanded an
amendment of Rule 77 of the ICTY’s
Rules of Procedure and Evidence dealing
with contempt so that it would only apply to officials who have actually leaked
confidential information.
Under the Rule 77 of the ICTY, the
Croatian journalists can be sentenced to a
maximum of seven years imprisonment
and fined up to 100,000 Euros. IPI/SEEMO urgently appealed to the ICTY to
change its rules dealing with contempt of
court so that internationally acknowledged principles of press freedom are upheld.
In the middle of October, the Croatian Journalists’ Association (HND) started a

ipi report - International Press Institute

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