Ending Impunity for Crimes against Journalists in West Africa
©UNESCO
Dakar 2 November 2016 – “Today I would like to honor the memory of journalists who died to safeguard freedom of expression over the past years” Hawa Ba, Director of Open Society Initiative for West Africa (OSIWA) Senegal, underlined, speaking during the radio show organized by UNESCO Dakar, together with West Africa Democracy Radio, on the occasion of the International Day to End Impunity for Crimes against Journalists (IDEI) on November 2nd. Radio guests included the African chapter of the International Federation of Journalists, OSIWA, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the African Court on Human and Peoples’ Rights, the Pan African Parliament, Article 19, and the Chairperson and Special Rapporteur on Freedom of Expression and Access to Information in Africa.
The United Nations General Assembly proclaimed the International Day during its 68th session in 2013 in commemoration of the assassination of two French journalists in Mali on 2 November 2013. Resolution A/RES/68/163 was also adopted, urging Member States to implement further measures to counter impunity and promote the safety of journalists. This is an important day, not only to commemorate and honor all those who died in the line of duty, but also to appeal for justice in cases of violence and harassment against journalists. Harassment against journalists in all its forms must be rejected, including arbitrary arrests and verbal intimidation and bullying. Ending impunity regarding all these acts is the most important step to ensure the safety of journalists.
“Over the past decade, more than 800 journalists have been killed in the line of duty, and only 8% of these cases have been resolved.” said Frank La Rue, Assistant Director-General for Communication and Information at UNESCO. “The 92% unresolved cases tells the public that freedom of expression is not protected. It’s important that all actors involved take part in raising awareness on this issue.” added Mehdi Benchelah from UNESCO Paris.
“Growing challenges exist for journalists, particularly in both conflict and in non-conflict situations. Despite this, Governments need to provide a safe environment for journalists and freedom of expression” underlined Gabriel Baglo, Regional Director in Africa of the International Federation of Journalists.
The case of Deyda Hydara, co-founder of the independent newspaper The Point and chairman of the Gambian Press Union (GPU), who was assassinated in Banjul on 16 December 2004, is one of many examples of rulings made by the African Court on Human and Peoples’ Rights regarding freedom of expression in Africa that have yet to be implemented by national counterparts. “I was scared for his life but I never thought this would happen one day” said Marie, his daughter. “There is often a lack of information on how and where to seek justice and what the rights of the journalists and their families are” underlined Fatou Jagne Senghor, Regional Director of Article 19 in West Africa. “It shows us that governments are not interested in what happens to journalists but they need to understand the importance of journalists’ role in society” added Demba Jawow, a Gambian journalist, close friend of Hydara’s, and former head of the Gambian Press Union.
“Governments have a responsibility to protect journalists. If freedom of expression is not respected, the rule of law ceases to exist. As concrete actions of the UN High Commissioner of Human Rights,we can cite the role of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who regularly produces reports on the situation of journalists, as well as the Special Rapporteur on the situation of Human Rights Defenders, who ensures that the safety of journalists is monitored and actions to end impunity can take place” highlighted Daniel Atchebro, Deputy Director of the OHCHR Regional Office for West Africa.
“The case of Issa Lohé Konate, editor of the weekly L'Ouragan, in Burkina Faso who was arrested and convicted for defamation against an attorney in 2012, is another example of needed reform in our justice systems” added Abdoulaye Diallo from the Norbert Zongo National Press Centre. In June 2013, Mr Konaté applied to the African Court on Human and Peoples’ Rights to seek justice and alleged a violation of Article 9 of the African Charter on Human and Peoples’ Rights, Article 19 of the International Covenant on Civil and Political Rights and Art. 66 of the ECOWAS revised treaty. Finally, the African Court ordered Mr Konaté’s release and ruled that Burkina Faso had to change its criminal defamation laws. In its judgment, the African Court ruled that imprisonment for defamation violates the right to freedom of expression while criminal defamation laws should only be used in limited circumstances.
“Ensuring the safety of journalists and freedom of expression is essential to sustainable development and democracy. The adoption by the UN of Sustainable Development Goal number 16 and its target 10 in September 2015 was a significant step towards the integration of the safety of journalists in the international development agenda. Sustainable Development Goal 16.10 is a prerequisite for the rule of law and end to impunity. One of the indicators to measure progress towards achieving the objective 16.10 includes the number of proven cases of killings, abductions, disappearances, arbitrary detention and torture of journalists, the associated media, trade unionists and promoters of human rights in the last twelve months. UNESCO acts as a contributory agency collecting data on this indicator” underlined Sasha Rubel Diamanka, Regional Advisor for Communication and Information from the UNESCO Regional Office for West Africa (Sahel) in Dakar.
“Judges and magistrates play a very crucial role in ending impunity against journalists. They have to be aware of all the regional and international instruments that have been adopted to promote the safety of journalists” underlined Pansy Tlakula, Special Rapporteur on Freedom of Expression and Access to Information in Africa; “In this regard, we have to ensure and create many more sensitization programs not only for magistrates and judges but also for police and prosecutors” Tlakula further underlined.
“There is antagonism between members of parliaments and journalists. The journalists’ role is to inform the public and write about the government’s action in the interest of the people. To bridge the gap between Members of Parliament and journalists, more training and awareness-raising activities need to be implemented, to foster professionalism and transparency” echoed Onyango Kakoba, former Chairperson of the Committee on Justice and Human Rights of the Pan African Parliament.
“The United Nations has adopted, to promote the safety of journalists and to end impunity for attacks against them, several historic resolutions. Across the world, UNESCO continues to strengthen, with governments, NGOs, professional associations and journalists, the ability of judicial institutions and law enforcement agencies to provide security and enforce the rule of law. More and more states are incorporating international standards for the safety of journalists in their legislation and their legislation relating to the media” underlined Sasha Rubel Diamanka. UNESCO further recalled the importance of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, which calls for expanded partnerships among stakeholders in this domain. “Protecting journalists should be the work of all, it should be a societal issue. Our states should respect human rights protection mechanisms” underlined Hawa Ba on behalf of OSIWA.
The celebration of the International Day occurs following a Seminar on Strengthening Judiciary Systems and African Courts to protect the Safety of Journalists and End Impunity, held on 10 September 2016 at the African Court on Human and Peoples’ Rights in Arusha, Tanzania. The seminar was jointly organized by UNESCO and the African Court on Human and Peoples’ Rights and served as the main commemoration of the International Day to End Impunity for Crimes against Journalists. This inter-regional dialogue provided an opportunity to discuss African jurisprudence and international standards on the safety of journalists, seek strategies to reinforce the role of the African Court, and increase the number of African countries that join the African Court.
“There are journalists across Africa that are able to practice their profession without great fear of being harassed or executed. However, more awareness-raising needs to be done. It is a long process but there is hope and room for improvement in the coming years” added Ben Kioko, Vice President of the African Court on Human and Peoples’ Rights.
The debates stressed that ensuring the safety of journalists, freedom of expression, and respect for rule of law are indispensable to sustainable development. To conclude the radio show, UNESCO called on the media, civil society, the police and judicial institutions to work together on intensifying efforts to prevent violence against journalists, to strengthen the protection of those under threat, to bring to justice perpetrators of crimes against journalists, and to continue to advocate for journalists’ safety.
Listen to the full WADR Radio Shows on Soundcloud here:
Useful links:
UN Plan of Action on the Safety of Journalists and the Issue of Impunity
UNESCO International Day to End Impunity for Crimes against Journalists
Report on the Seminar “Strengthening Judiciary Systems and African Courts to protect Safety of Journalists and End Impunity” Advance meeting to mark the International Day to End Impunity for Crimes against Journalists (10 September 2016)
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