FREEDOM OF EXPRESSION MONTHLY DIGEST

FREEDOM OF EXPRESSION MONTHLY DIGEST
AFRICA
Volume 1/Issue 1 – April 2003
EDITORIAL
By Fatou Jagne
Freedom of expression institutions, advocates and journalists around the world celebrate
May 3rd, World Press Freedom Day. This day symbolizes a significant momentum in the
struggle for free and independent press and gives the opportunity to evaluate, highlight
the treats and progress in the field of freedom of expression.
Over the past few years, freedom of expression has been pushed to the fore of the
global discourse on human rights. Many achievements have been made, but at the
same time, new threats and challenges are surfacing and set backs recorded even in
long established democracies.
In Africa, freedom of expression is in a state of crisis. Regardless of the continental
commitment by African states to democracy and human rights through the African Union
and its programme of action NEPAD, there is a total absence of a provision on freedom
of expression in the Constitutive Act of the African Union. At the same time, many
African governments are continuing to restrain and negate freedom of expression either
through repressive legislation such as harsh defamation and insult laws or other more
subtle means.
Besides this dilemma, the African Commission on Human and Peoples’ Rights in
collaboration with ARTICLE 19 and a number of continental stakeholders recently made
a very significant move in adopting the Declaration of Principle on Freedom of
Expression in Africa (http://www.article19.org/docimages/1600.pdf). This Declaration
elaborates on the content, the scope of the rights to freedom of expression and
interestingly reiterates the core obligations of states parties to the African Charter.
The Declaration is a response to the inadequacy of Article 9 of the African Charter to
address threats and violations of the right to freedom of expression on the Continent. It
could also pave the way for a more comprehensive and effective protection at the
continental level, but the question of its implementation has brought genuine scepticism
within and outside the continent.
In fact, the African Commission is a quasi-judicial body and cannot enforce its decisions.
However, it is hoped that with the combination of an adequate monitoring mechanism,
the establishment of the African Court and Human and Peoples’ Rights and the
implementation of the provisions of the Constitutive Act, member states will be obliged to
respect and comply with decisions taken by continental bodies.
Journalists and freedom of expression advocates have made significant strides in
denouncing threats through lobbying, campaign, litigation and other strategies. But it is
critical that all stakeholders come together and play a more proactive role to ensure that
the new continental ‘deal’ goes beyond the rhetoric and that freedom of expression
becomes prominent on the continental agenda.
INTRODUCTION
By Celestine Nkulu
Freedom of expression is a basic
human right, central to the achievement
of development and democracy. It is
guaranteed by almost all African
constitutions and recognised by major
regional and international human rights
instruments such as: the Universal
Declaration of Human Rights (Article
19), the International Covenant on Civil
and Political Rights (Article 19) and the
African Charter on Human and Peoples’
Rights (Article 9). Despite the existence
of these norms, freedom of expression
is not fully respected by many African
governments.
Media workers are regularly arrested,
physically assaulted, threatened with
legal actions, sometimes imprisoned or
even killed for criticising governments or
powerful individuals. Newspapers and
magazines are often banned and radio
stations suspended or closed.
In
order
to
persuade
African
governments to respect these rights and
conform to international standards,
permanent monitoring, campaigning and
litigation is necessary.
The aim of this digest is to compile on a
monthly basis the trend of violations on
the continent. It will be based on
information gathered form partners
within the IFEX network and elsewhere.
The first part of the digest will highlight
and summarize the regional trends and
the second will take a closer look at the
legal dimension of one of the threats of
the month. This month we will focus on
criminal defamation with a case study
on Chad.
REGIONAL TRENDS
A. Southern Africa
Mozambique
-
The President of the Supreme Court sues the weekly paper
“Zambeze” for libel arising from an article in the paper April 10,
2003 issue claiming that the President of the Supreme Court,
Mario Mangaze, had interfered in the decision of a lower court
for material benefit.
<http://www.misa.org/alerts/20030421.mozambique.0.html>
<http://www.ifex.org/en/content/view/full/49354/?PHPSESSID=1
5e8f9ff7772ab3dcc1c75eb83fc419a>
Swaziland
-
The government bans state media (TV, radio stations) from
reporting negative news.
<http://www.thestar.co.za/index.php?fSectionId=132&fArticleId=
130954>
Zimbabwe
-
A Daily News delivery driver abducted and beaten by suspected
war veterans and ruling party supporters in Rusape on April 15,
2003. Investigations are underway.
<http://www.misa.org/alerts/20030417.zimbabwe.0.html>
B. Central Africa
Cameroon
On 22 April 22 2003, CPJ sent a letter to President Paul Biya to
express concern over deterioration of press freedom in
Cameroon. This follows the detention of detention of three
journalists from the independent daily newspaper “Mutations”
and the Closure of the private radio Magic FM in mid-March.
<http://www.ifex.org/en/content/view/full/49377/>
The state printing house (SOPECAM) refuses to publish the
newspaper “Mutations”.
< http://www.ifex.org/en/content/view/full/49340/>
-
Haman Mana, the editor of Cameroon’s only privately owned
daily paper “Mutations” was arrested on April for speculating on
succession to President Paul Biya. The 14 April issue of the
paper was seized. On April 15 2003, the editor was questioned
and detained for several hours along with two of the paper’s staff
members. The three were detained all day but released early
that evening.
<http://www.ifex.org/en/content/view/full/49309/>
<http://www.rsf.org/article.php3?id_article=6141>
Democratic Republic of Congo (Kinshasa)
-
JED welcomes the new DRC Constitution. Article 27, 28 and 29
of the Constitution give provisions for respect of freedom of
opinion and expression, the right to seek information and impart
information and public media independence.
<http://www.ifex.org/en/content/view/full/49263/>
-
Richard Malango, a “Tropicana TV” cameraman was detained
by Police special services in Kinshasa on 23 April 2003 while
filming an opposition party protest march. He was taken to a
police station where he was forced to erase his footage from the
demonstration. He was released later and his equipment
returned to him.
<http://www.ifex.org/en/content/view/full/49373/>
<http://www.jed-congo.org/Communiques/2003/2304.htm>
Chad
-
Journalists Nadjikimo Bénoudjiata and Mbainaye Bétoudan
arrested for defaming the director of social affairs were fined and
sentenced to six months’ imprisonment on February 6 2003 and
banned from practising journalism for eight months. The court
ordered their paper to close for three months. They were
provisionally released on 1 April 2006. Their next hearing and
appearance in court was scheduled for 22 April 2003.
<http://www.rsf.org/article.php3?id_article=5669
Rwanda
-
All copies of the first issue of the new independent weekly
newspaper “The Indorerwamo” (“The Mirror”) were seized by
police on 22 April 2003 at the border of Uganda and Rwanda.
The publications were printed from Uganda because of cheap
printing costs. The newspaper representative was detained for
several hours in Kigali.
<http://www.ifex.org/en/content/view/full/49365/>
<http://www.rsf.org/article.php3?id_article=6395>
C. West Africa
Benin
-
-
Four journalists were assaulted and arrested on 1 April 2003
and detained by police for publishing false stories and insults
directed at top police officials. The journalists were later
released.
<http://www.rsf.org/article.php3?id_article=5954>
Liberia
-
Journalist Grody Dorbor, editor of the “Inquirer Newspaper” who
went missing was found. Three others are still missing namely:
Oscar Dolo, Nyahn Flomo and William Quiwea. The three are
local correspondents of the radio station Talking Drum StudioLiberia.
<http://www.rsf.org/article.php3?id_article=5985>
Togo
-
Mr Sylvestre Djahnin Nicoué, managing editor of the weekly
newspaper “Le Courrier du Citoyen” has been detained without
trial at Lomé Civil Prison since 26 December 2002 following an
article in the newspaper calling on the Togolese people to end
President Gnassingbe Eyadema’s rule.
<http://www.ifex.org/en/content/view/full/49391/>
D. North Africa
Egypt
-
-
Egyptian Organisation for Human Rights Issues an Urgent
Appeal: Release Anti-Iraqi War Activists Now. The journalists'
syndicate had a peaceful assembly on April 12, 2003
demonstrating its disdain for the American-led war in Iraq and
Israeli measures taken against Palestinians. Security forces
arrested Mohamed Hassan Hassan, Omar Abdel Latif and
Waleed Abd El Razek. In addition, Ramez Gehad Fathi Abdel
Aziz was arrested at 5:00 p.m. while he was at the El Horaya
Café in Bab El Louk, Cairo. He was at the café attending to his
duties as editor for the newspaper International News and yet
was arrested merely for being in the same place as the
demonstrators. Journalists Ibrahim El Sahari and Wael Tawfeek
were also arrested, the former at his home and the latter while
demonstrating with the journalists' syndicate. Other journalists
covering the anti-war protest were also physically assaulted and
threatened by police officers.
<http://www.ifex.org/en/content/view/full/49319/>
<http://www.ifex.org/en/content/view/full/49238/>
Morocco
-
Satellite television station Al-Jazeera banned from using the
state public television facilities.
<http://www.ifex.org/en/content/view/full/49219/>
-
Newspaper Director Ali Lmrabet victim of legal harassment by
authorities since publishing articles and cartoons criticising the
royal household and government policy.
http://www.cpj.org/protests/03ltrs/Morocco17apr03pl.html
http://www.rsf.org/article.php3?id_article=6148
< http://www.rsf.org/article.php3?id_article=6211>
Tunisia
-
Sentenced to two years’ imprisonment on 10 July 2002 for
spreading false news, jailed Internet journalist Yahyahoui has
started a new hunger strike.
<http://www.rsf.org/article.php3?id_article=6271>
E. Horn of Africa
Djibouti
-
Editor of opposition newspaper “Le Renouveau” was arrested on
20 April 2003 and placed in solitary confinement at Gabode
prison. The editor has not been officially charged.
<http://www.rsf.org/article.php3?id_article=6348>
Eritrea
-
Government listed by Freedom House as offender of freedom of
expression by solely controlling all media outlets.
<http://www.irinnews.org/report.asp?ReportID=33481&SelectRe
gion=Horn_of_Africa&SelectCountry=HORN_OF_AFRICA>
-
All privately-owned newspapers closed since 18 September
2001 and 18 journalists still detained in undisclosed locations.
<http://www.rsf.org/article.php3?id_article=5485>
Ethiopia
- Ato Melesse Gessit, former editor-in-chief of “Gemoraw”
-
Newspaper appeared in court on April 14, 2003 and was fined
11,000 Ethiopian Birr (approximately US$1,300). He was
charged with publishing and disseminating contentious articles.
He was released on bail. In a separate case, Befekadu Moreda,
the publisher and editor-in chief of the weekly newspaper
“Tomar” appeared in court on 8 April 2003. He was charged for
defaming engineer Gizaw Tekle Mariam, the manager of a
cement factory for an articled published on 1 April 2003 entitled,
“How come the Cement Factory has no owner.”
<http://www.ifj.org/working/tradeunions/030425ethiopia.html>
Somalia
-
Internet journalist Omar Faruk Osman in hiding and under threat
from security police staff.
<http://www.ifj.org/publications/press/pr/458.html>
F. East Africa and the Islands
Kenya
-
The newly elected President of Kenya Mwai Kibaki instructed his
lawyers to file contempt-of-court charges against the
independent East Africa Standard and the Kenya Times for
publishing a story about his involvement in a court case filed by
a local gas station regarding a debt of US$130,652.
<http://www.cpj.org/news/2003/Kenya08apr03na.html>
Tanzania
-
A reporter from the weekly “The Express” was assaulted by the
chairperson of the Tanzania Football Association for
photographing him. Others journalists were expelled.
<http://www.misa.org/alerts/20030417.tanzania.1.html>
FOCUS: CRIMINAL DEFAMATION IN CHAD
In Chad, criminal defamation laws still remain in the statute books and have been
recently used to gag the media. Such laws constitute one of the most serious
threats to freedom of expression.
Many international and regional human right bodies have condemned the use of
criminal defamation. Open debate about public matters is being jeopardized by
such laws. Instead of protecting individuals’ reputations, these laws are being
used to protect public figures and officials from legitimate criticism. Journalists in
Chad have recently been imprisoned for defaming public officials.
A pending case against Nadjikimo Bénoudjita and Mbainaye Bétoubam,
respectively the publisher and an editor of the private weekly Notre Temps, is
one in point. The two journalists were convicted of criminal defamation and
sentenced each to six months in prison by a court in the capital, N'Djamena and
ordered to pay US$3,300 in damages each. They were also banned from
practicing journalism in Chad. Notre Temps was ordered to be closed for three
months.
The law suit was brought by President Idriss Deby's mother-in-law, Hadjé Billy
who is also director of social affairs at the Ministry of Social Action and Women's
Affairs. She accused Notre Temps of damaging her reputation in an article
alleging that she had ordered the torture of three men accused of stealing
jewellery from her N'Djamena residence. Nevertheless, the two Journalists
maintained that the report was accurate and based on allegations contained in
N'Djamena Appeals Court documents.
On 1 April 2003, Chad's Appeals Court ordered the provisional release of two
journalists and scheduled to hear the merit of the case on the 22 April 2003.
This case reveals three fundamental flaws of the legal framework governing
defamation in Chad: The first one is the use of criminal defamation law in itself,
the second relates to the protection of public official and the third the excessive
sanctions imposed by the court.
Criminal defamation poses a grave threat to freedom of expression; the
imposition of custodial penalties for defamation and the special protection
afforded to public officials against defamation are contrary to international
standards, as it prevents debate on matters of public interest.
When a defamation case involves a public official, the burden of proof of the
allegation should not lie on the accused, this negates the right to be presumed
innocent until proven guilty. In addition, journalists should not be obliged to prove
that their statements are completely true, especially where the allegations involve
public officials. Instead, they should only be required to show due diligence and
that the publication of the statement was in the public interest.
The other alarming element of this case is the exorbitant amount of the fines
imposed and the excessive sanctions enforced, over and above the payment of
damages. For example, closing down the newspaper and banning the two
journalists from practicing their profession constitute both unnecessary and
abusive measures.
© Article XIX 2003
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