IFEX Free Expression Spotlight

------| IFEX Communiqué Vol 18 No 06 | 11 February 2009 | ------

INDEX

Free Expression Spotlight

1. Press Freedom Deteriorating in Nepal's New Democracy, Says International Mission

REGIONAL NEWS: 2. Madagascar: Reporter Killed Covering Anti-Government Protest 3. Republic of Congo: Journalist Dies after Mysterious Fire 4. Bahrain: 20 IFEX Members Call for End to Harassment of Rights Activists 5. Thailand: Protest against Lese Majeste Charges

REPORTS AND PUBLICATIONS: 6. Impunity Reigns in Liberia, Says CEMESP 7. Colombia: No Journalists Murdered for Work in 2008, Says FLIP 8. Asia Deadlier than Middle East for Media in 2008, Says IPI

CONFERENCES AND WORKSHOPS: 9. Highway Africa Announces Safety Training Course in South Africa -------------------------------------------------------- FREE EXPRESSION SPOTLIGHT

1. Press Freedom Deteriorating In Nepal's New Democracy, Says International Mission

Last month, Uma Singh, a Nepali reporter, was stabbed repeatedly by a gang of around 15 unidentified men in her home in Janakpur, southern Nepal. To this day, no motive has been identified, although IFEX members fear she may have been targeted for her work. Some of her articles made waves in the region, particularly those in which she criticised the caste and dowry system or the ongoing violence in the Terai region, where armed groups have been fighting for the establishment of an autonomous Madhesi state.

Singh's death sparked an emergency international media mission to Nepal on 5-8 February, which found that press freedom in Nepal continues to be threatened - despite the hope that democratic rule introduced last year would improve the situation.

The International Media Mission, hosted by the Federation of Nepali Journalists (FNJ) and other Nepali media organisations, called on the authorities to undertake prompt, independent and impartial investigations into Singh's case, and all cases of attacks on journalists.

According to FNJ, a staggering 342 press freedom violations were recorded in 2008, including a significant escalation in the number of physical attacks on journalists and media houses whose perpetrators go unpunished. This does not so much represent a rise in attacks on the media but a change in the nature of the attacks, more of which are being committed by non-state actors, says ARTICLE 19.

"The authorities are failing in their duty to prevent, punish and redress the harm caused by such attacks," said the mission. "The links between political parties and some of the perpetrators of these violent acts are a matter of serious concern and would indicate the acceptance, and possible complicity, of those political parties in the violence."

Take the case of journalist, Prakash Singh Thakuri, who has been missing since July 2007. Late last year the government withdrew charges against his accused kidnapper, who was released on bail.

Likewise, the mission raised its concerns over the detention of Reporters' Club President Rishi Dhamala, saying that the administration failed to adhere to proper legal procedures while detaining Dhamala and three other journalists.

The mission also reports that not a single person has been convicted for a criminal act against journalists and media houses.

The mission says the ongoing attacks are having a chilling effect on press freedom, with journalists and media being forced into self-censorship, "seriously jeopardising the peace and democratisation process currently underway in the country."

Conditions for women journalists like Singh, already seriously underrepresented in the profession, are of particular concern, says the mission, as they are more vulnerable to attack. They are being forced to leave their work and sometimes to move away from home due to such pressures.

In a meeting with the mission delegates, Prime Minister Pushpa Kamal Dahal assured them that Thakuri's case would be reopened. He said the recent attacks on journalists and the culture of impunity are the legacy of the 10-year-old conflict to overthrow the institution of monarchy, and maintained that his government is committed to a free press, which will be reflected in the new constitution.

But former Prime Minister and main opposition party Nepali Congress (NC) President Giirja Prasad said otherwise. In a separate meeting with the mission, he accused the current Maoist-led government of remaining "a mute-spectator to continuing attacks on the press" and said the country was no different now than under the totalitarian rule of former monarch Gyanendra Shah.

The mission is urging the government and political parties to implement its recommendations as outlined in "An Agenda for Change", a comprehensive programme for media reform in Nepal prepared by an expert panel of media professionals, legal practitioners, civil society leaders and lawmakers - a joint initiative of FNJ, ARTICLE 19 and Freedom Forum.

Some of the 60 recommendations include the guarantee of free expression and press freedom in the new constitution and in line with international human rights standards, government action to protect journalists, proper enforcement of the Right to Information Act, the abolishment of criminal defamation, and the creation of a committee to deal with reforms outlined in the document.

The International Mission is made up of 15 international organisations. On the latest visit, the mission was represented by ARTICLE 19, the International Federation of Journalists (IFJ), the International Press Institute (IPI), Reporters Without Borders (RSF), the World Press Freedom Committee (WPFC), International Media Support (IMS) and UNESCO.

Visit these links: - Mission statement: http://tinyurl.com/dllaor - "An Agenda for Change": http://tinyurl.com/c9uwmb - IFEX Nepal page: http://tinyurl.com/3ykcoq - ekantipur.com, "PM Dahal asks not to doubt gov't commitment on free press": http://www.ekantipur.com/kolnews.php?&nid=179034 - sindhtoday.net, "International Media Mission visits Nepal": http://www.sindhtoday.net/south-asia/60328.htm -------------------------------------------------------- REGIONAL NEWS

AFRICA

2. MADAGASCAR: REPORTER KILLED COVERING ANTI-GOVERNMENT PROTEST

A reporter was shot dead while covering an anti-government protest in Madagascar, report Reporters Without Borders (RSF) and the Committee to Protect Journalists (CPJ).

Ando Ratovonirina of the private broadcaster Radio Télévision Analamanga (RTA) was among the more than two dozen people killed when security forces opened fire on a demonstration outside the Presidential Palace in Antananarivo on 7 February. Protesters were calling for the replacement of President Marc Ravalomanana's government.

Ratovonirina was carrying a notebook and microphone, according to his colleague Mirindra Raparivelo, who was filming the scene for the station.

According to CPJ, the country's Defence Minister resigned in protest after the shootings, while the United Nations called for "a fair process by which those responsible will be brought to justice."

CPJ says the demonstration came amid a deepening power struggle between the President and rival Andry Rajoelina, the mayor of Antananarivo. Rajoelina has accused Ravalomanana of mismanagement and demanded he resign. He has already declared himself President and established a parallel government.

Last month, opposition protesters burned down the facilities of two pro-government broadcast companies after the government closed a TV station owned by Rajoelina, says CPJ.

Ratovonirina is the first journalist killed in the line of duty in Madagascar since CPJ began keeping records in 1992.

Visit these links: - CPJ: http://tinyurl.com/bv9qu9 - RSF: http://www.rsf.org/article.php3?id_article=30250

3.REPUBLIC OF CONGO: JOURNALIST DIES AFTER MYSTERIOUS FIRE

A reporter known for criticising the government and alleging high-level corruption has died of wounds sustained in a mysterious fire at his home in the Republic of Congo, reports the Committee to Protect Journalists (CPJ).

Bruno Ossébi, a Congolese-French journalist who wrote for the online magazine "Mwinda", was badly burned in the fire on 21 January, although he was said to be recovering and his death was unexpected. His girlfriend and her two children were also killed.

Authorities have not provided any information on the cause and circumstances of the fire, which coincided with a similar fire at the home of exiled political dissident Benjamin Toungamani in France. Three days earlier, "Mwinda" published an interview with Toungamani in which he accused President Denis Sassou-Nguesso of corruption. Toungamani was not injured.

Both Ossébi and Toungamani were planning to become co-plaintiffs in an international legal complaint against Sassou-Nguesso and the Presidents of neighbouring Equatorial Guinea and Gabon. In December, transnational justice organisation Sherpa and anti-corruption group Transparency International called for a probe into how the leaders of the three oil-rich African nations had amassed private assets in France.

According to CPJ, at least two counter-complaints have been filed by the leaders. Gabonese authorities arrested a plaintiff in the case and two journalists last December after suspending a newspaper for republishing a report from French daily "Le Monde" on the Paris assets of Gabonese President Omar Bongo.

In an interview with CPJ, Communications Minister Alain Akouala, who visited Ossébi in the hospital, deplored his death and said an official investigation was underway. "It's sad because it was someone who took part in his own way to the debate of ideas," he said.

Read more from CPJ here: http://tinyurl.com/bf3qaj

MIDDLE EAST

4. BAHRAIN: 20 IFEX MEMBERS CALL FOR END TO HARASSMENT OF RIGHTS ACTIVISTS

The Bahraini authorities continue to silence human rights activists by using draconian articles in the country's penal code and anti-terrorism laws. Led by the Bahrain Center for Human Rights (BCHR), 20 IFEX members are calling for the activists' immediate release, and the amendment of Bahrain's laws so that they conform to international human rights conventions.

Hasan Mushaima, secretary general of the Movement for Civil Liberties and Democracy (HAQ), Mohamed Habib al-Muqdad, a scholar and social activist, and Abduljalil Alsingace, head of HAQ's human rights unit, were arrested on 26 January.

They were interrogated for nearly nine hours about their speeches and articles concerning human rights violations in Bahrain, and their involvement in HAQ, an unregistered grassroots organisation that campaigns for democratic reform and human rights. The authorities said their activities "provoked hatred of the regime" and "incited violence and overthrow of the government" - charges punishable by up to eight years in jail, according to Bahrain's penal code.

The activists were also charged under the Bahraini counter-terrorism law, in which they face possible life imprisonment for "forming an organisation, outside the provisions of the law, which disrupts the provisions of the Constitution or prevents any of the state enterprises or public authorities from exercising their duty."

After the nine hours, Mushaima and al-Muqdad were held in custody for further questioning, while Alsingace was released on bail and officially banned from travelling out of Bahrain. The Public Prosecutor declared that it would take the necessary measures to pursue cases against the human rights defenders in the courts on charges related to national security.

Alsingace has also been subject to a defamation media campaign, lead by state guided media and aimed at human rights defenders. This was following his participation in a debate on religious freedom in Bahrain in the US Congress in October 2008.

The three activists deny all the allegations and consider their arrest and the charges to be malicious and politically motivated.

"The atrocious charges brought against them are baseless and meant to silence and prevent Mr. Mushaima, Mr. al-Muqdad and Dr. Alsingace from expressing their thoughts and performing any activity related to democratic reforms and promotion of human rights and civil liberties," said BCHR.

The IFEX members are calling for the Bahraini authorities to immediately release Mushaima and al-Muqdad, withdraw all the charges related to their legitimate and peaceful activities and lift the travel ban against Alsingace.

They are also demanding that the government reform the provisions in the penal code and anti-terrorism legislation that violate Bahrain's international human rights commitments.

Bahrain has a history of targeting human rights defenders through the courts. Prominent women's rights activist Ghada Jamsheer has been repeatedly harassed because of her work and has been effectively banned from speaking to the media since 2007 through a court order, reports ARTICLE 19. In the latest incident, her family was accused of attacking a state security agent that has been keeping watch on Jamsheer's home and are now facing court proceedings.

The websites of BCHR and fellow IFEX member the Arabic Network for Human Rights Information (ANHRI) have been key at monitoring the free expression situation in Bahrain. But they are both blocked in the country, as is the blog of Alsingace ( http://alsingace.katib.org ). Last month, the government took the ban a step further, calling on all telecommunications companies and Internet service providers to prevent access to banned websites. To avoid the censors, BCHR has created a Facebook group where they are uploading all of their materials.

Join the BCHR Arabic Facebook group here: http://www.facebook.com/group.php?gid=50727622539

And the English Facebook group here: http://tinyurl.com/bbl55v

Also visit these links: - Joint action: http://www.ifex.org/en/content/view/full/100645/ - ARTICLE 19 on Jamsheer: http://tinyurl.com/cweeue - IFEX Bahrain page: http://tinyurl.com/ytqq7w - BCHR: http://www.bahrainrights.org/en

ASIA

5. THAILAND: PROTEST AGAINST LESE MAJESTE CHARGES

Thailand's new administration has stepped up its use of lese majeste charges to harass journalists and stifle free expression, leading at least one writer to go into exile because of the charges, report the Southeast Asian Press Alliance (SEAPA), the Committee to Protect Journalists (CPJ) and other IFEX members.

Political writer and university professor Ji Ungpakorn fled Thailand for the United Kingdom over the weekend due to fears he would not receive a fair trial related to lese majeste accusations filed against him, say SEAPA and CPJ.

Ungpakorn, who holds dual citizenship, has been charged with defaming the monarchy over his 2006 book "A Coup for the Rich", which criticised the military coup staged by General Sonthi Boonyaratkalin the same year.

The charge of lese majeste, which can be used against anyone who defames, insults or threatens the monarchy, carries a possible three- to 15-year prison term.

According to SEAPA, shortly before Ungpakorn left Thailand, he posted a strongly worded letter on the Internet calling for more freedom of expression in Thailand.

"We need to have freedom of expression. Freedom to choose a government that the majority wants without suppression, without threat and fear," part of his manifesto said.

In a separate case, Australian writer Harry Nicolaides was sentenced to three years in prison on lese majeste charges on 19 January. Nicolaides referred briefly to the monarchy in his novel set in Thailand, and has been held since 31 August 2008 in Bangkok.

Following the charge, the government banned an article about Nicolaides's case and the ruling party's use of the lese majeste law in the London-based "Economist" magazine. The article noted, "A backlash may be brewing, though, and not just among Bangkok's chattering classes. Conventional wisdom holds that public reverence of Bhumibol, 81, is genuine and deeply felt. The same patently does not apply to the heir apparent, Crown Prince Vajiralongkorn."

This week, RSF organised a cyber-demonstration outside a virtual version of Bangkok's Royal Palace calling for Nicolaides's release: http://www.rsf.org/freeharry/index.php?id=21

BBC correspondent Jonathan Head currently faces three different charges of lese majeste for articles and public comments he made at Bangkok's Foreign Correspondents Club of Thailand.

According to RSF, the lese majeste offence has led to the jailing of around 100 people. RSF is calling directly on King Bhumibol Adulyadej to reform the law.

The law has already been used to shut down 2,300 websites, and the new government is seeking to censor at least 4,000 more, CPJ says. According to the BBC, it has even set up a special website called protecttheking.net, urging people to show their loyalty and inform on anyone criticising the monarchy. It has also established an Internet security centre to coordinate the blocking of websites deemed offensive to the monarchy.

The site managed to block 4,818 websites in its first 24 hours of operation, said the BBC. Sources in the military told the BBC that top generals are concerned about growing anti-monarchy sentiment, particularly among supporters of ousted Prime Minister Thaksin Shinawatra. Many of Thaksin's supporters believe that members of the royal family have backed anti-Thaksin movements.

Thailand's media climate is fast deteriorating under new Prime Minister Abhisit Vejjajiva. Aside from the lese majeste charges and the censoring of thousands of websites, the government has also threatened legal action against community radio stations that are considered critical of the authorities, say the IFEX members.

Visit these links: - SEAPA: http://tinyurl.com/b6sysa - CPJ: http://tinyurl.com/bsfefy - RSF: http://www.rsf.org/article.php3?id_article=30120 - RSF report, "Censorship and imprisonment: abuses in the name of lese majeste": http://www.rsf.org/IMG/pdf/rapport_en_ok.pdf - IFEX Thailand page: http://tinyurl.com/5hocu9 - The Economist, "The trouble with Harry," http://tinyurl.com/cl522e - BBC: http://news.bbc.co.uk/2/hi/asia-pacific/7871748.stm - Freedom Against Censorship Thailand (FACT) on how to circumvent the censors: http://tinyurl.com/chzgba -------------------------------------------------------- REPORTS AND PUBLICATIONS

6. IMPUNITY REIGNS IN LIBERIA, SAYS CEMESP

Impunity for crimes against journalists reigned supreme in Liberia last year - in part because the authorities are behind most of the attacks, says a new report by the Center for Media Studies and Peace Building (CEMESP).

"The Triumph of Impunity: Account of Attacks on Freedom of Expression in Liberia - 2008," catalogues the threats, brutality and censorship journalists and others faced last year, and discovered that most attacks came from government officials.

Take the case of the Ministry of Information, which last year made good on its threat to shut down and eventually seize a media outlet, as well as barred journalists from a public function.

There were also cases of security forces brutalising journalists.

The report also describes three incidents where people were imprisoned for expressing their opinions, including two journalists for taking photographs, and an anti-war crimes activist who was illegally detained because he wanted to petition the visiting U.S. President.

CEMESP executive director Malcolm Joseph proclaimed, "Triumphantly, impunity is stealing into Liberian politics, society and government," and called for public and government actions against those abusing and attacking the press.

CEMESP hopes its catalogue of attacks, plus additional commentaries by those entrenched in Liberia's media scene, will increase public understanding of free expression and promote people's resolve to stand against those who resent it.

To get a copy of the report, contact: centerforpeacebuilding (@) yahoo.com or read it online: http://www.ifex.org/download/en/AttacksVol2CEMESPLiberia.pdf

7. COLOMBIA: NO JOURNALISTS MURDERED FOR WORK IN 2008, SAYS FLIP

In 2008, there were no job-related murders of journalists in Colombia, and press freedom violations decreased by 20 per cent, says a new report by the Foundation for Press Freedom (FLIP). But impunity for crimes against journalists and threats levelled against the media remain cause for concern, said FLIP.

FLIP recorded 130 violations last year, compared to 162 violations in 2007. None of them included murders of journalists, "a fact worth emphasising in a country like Colombia, where more than 130 journalists have been killed in the past 30 years," FLIP said. But despite the good news, official investigations into crimes committed in previous years have made very little progress.

And although the number of threats also decreased, they remain the main kind of press freedom violation and "the most effective mechanism to curtail the spread of information and prevent certain issues from coming into the public light," said FLIP.

FLIP said that besides the direct threats, forms of indirect censorship became apparent last year: the arbitrary distribution of state advertising to serve political objectives and the restriction of access to public information. Each of these subjects makes up a chapter of the report.

FLIP also analysed the government's Protection of Journalists Programme, focusing on a recent, positive Constitutional Court ruling that says that the government cannot take measures to restrict a journalist's right to free expression or information as a result of its obligation to provide the journalist with protection.

FLIP launched the report on 9 February, Colombia's National Day of the Journalist. Download an abstract of "Threat and stigmatisation: Invisible intimidation of the press" here: http://www.flip.org.co/veralertaeng.php?idAlerta=236

Download the complete report (Spanish only) here: http://www.flip.org.co/veralerta.php?idAlerta=346

8. ASIA DEADLIER THAN MIDDLE EAST FOR MEDIA IN 2008, SAYS IPI

Asia replaced the Middle East as the deadliest region for journalists last year, with 26 reporters, photographers and editors losing their lives in retaliation for their work or in civil conflicts, according to the International Press Institute (IPI)'s annual World Press Freedom Review.

Though more journalists were killed in Iraq than in any other country in 2008 for the sixth year in a row, Pakistan became the second deadliest place for journalists, says IPI, pointing to its chaotic politics and conflict along the Pakistan-Afghanistan border.

The annual report by IPI, which this year focuses on Asia, also shows that in many cases where journalists are murdered, the crimes are often never prosecuted.

"Impunity remains a contagion in the region, particularly in the Philippines and Sri Lanka, but the murderers of journalists are also escaping prosecution in leading democracies such as India," said IPI. "Those who want to stifle free expression and frighten journalists into silence and self-censorship are succeeding because of impunity."

Other patterns in Asia suggested an increase in challenges often associated with the Middle East, such as protecting religion (Afghanistan, Pakistan, India, Indonesia, Malaysia) and the monarchy (Thailand) from criticism, and government censorship of the Internet (China, Vietnam, Thailand and Indonesia). Meanwhile, security forces in Bangladesh, Sri Lanka and other nations used national security laws to intimidate and terrorise journalists, says IPI.

This year's edition includes individual reports detailing press freedom developments in 30 Asian countries, as well as interviews and essays from local journalists.

It also contains overviews addressing press freedom violations in all regions of the globe. Worldwide, IPI records 66 journalists killed in 2008, down from 93 in 2007 and 100 in 2006. Journalists also died in high numbers in Mexico, Georgia and Russia.

IPI includes in its "Death Watch" journalists and media staff who were deliberately targeted because of their investigative reporting or simply because they were journalists. IPI also includes journalists who were caught in the crossfire while covering dangerous assignments.

A downloadable copy of the full report is available at http://www.freemedia.at/WPFR_2008.pdf -------------------------------------------------------- CONFERENCES AND WORKSHOPS

9. HIGHWAY AFRICA ANNOUNCES SAFETY TRAINING COURSE IN SOUTH AFRICA

Highway Africa, a partnership between Rhodes University and the South African Broadcasting Corporation (SABC), will be running "Freedom of Expression in Cyberspace", a three-day safety training course from 15 to 17 April 2009 at Rhodes University in Grahamstown, South Africa. Applications for full scholarships are due by 6 March 2009.

The workshop will focus on safety training for journalists and bloggers operating in fragile states, with particular emphasis on safe communication and publishing using Internet and mobile technology.

Journalists and bloggers from Gambia, Liberia, Sierra Leone, Sudan, Ethiopia, Zimbabwe and Swaziland are invited to apply for one of 15 full scholarships to attend the workshop.

To apply, send a 500-word statement explaining why you should be selected for the programme, and a detailed CV that includes intermediate computer skills to Cecil Mutambanengwe, project administrator, at: c.mutambanengwe (@) ru.ac.za -------------------------------------------------------- The "IFEX Communiqué" is the weekly newsletter of the International Freedom of Expression eXchange (IFEX), a global network of 80 organisations working to defend and promote the right to free expression. IFEX is managed by Canadian Journalists for Free Expression ( http://www.cjfe.org ).

The "IFEX Communiqué" is also available in French, Spanish, Russian ( http://www.ifex.cjes.ru/ ) and Arabic ( http://anhri.net/ifex/ ).

The views expressed in the "IFEX Communiqué" are the sole responsibility of the sources to which they are attributed.

The "IFEX Communiqué" grants permission for its material to be reproduced or republished provided it is credited as the source.

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