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Cote d’Ivoire ALERT: Journalist murdered

The Media Foundation for West Africa (MFWA) is deeply distressed by the cold blooded murder of Jean Hélene, Cote d’Ivoire correspondent of the Paris-based Radio France Internationale (RFI) foreign news station. Jean Hélene (a pseudonym for Christian Baldenberger) was allegedly slain by police sergeant Dago Cyrille Théodore of the VIP security unit (BSP) at about 20 hours GMT on Tuesday, October 21, 2003.

According to MFWA sources in Cote d’Ivoire, the 48-year-old RFI correspondent was waiting at the premises of the DGPN (the police headquarters) to scoop an interview with some 11 supporters of the opposition RDR party of former Prime Minister Alassane Ouattara, who were due to be freed from custody. The RDA activists were arrested and detained incommunicado on October 17, 2003, on suspicion of planning to assassinate President Laurent Gbagbo and key members of his government.

While Jean Hélene was waiting at the DGPN, police officer Dago accosted him and asked to know his identity and mission. He dutifully obliged. The police officer then left to consult with the director of the General Intelligence Unit, commissioner Djablé, who confirmed that Jean was, indeed, an RFI correspondent. However, according to eyewitnesses, the police officer returned moments later, and without provocation, brusquely gunned down Jean with an AK-47 rifle. He was slain at close range, with two bullets to his left temple.

The deteriorating political climate in Cote d’Ivoire has, in recent weeks, engendered a sense of resentment and acrimony among the politically polarized media in the country. On October 9, some “young patriots” led by Charles Blé Goudé and the proprietor of the daily Le National, supporters of the Gbagbo government, are alleged to have instigated a boycott of some newspapers, including the dailies Le Patriote, 24 Heures, Le Libéral, Le Font, and Le Jour Plus, all perceived to be aligned to the RDR; and the daily Le Nouveau Réveil, said to be close to the PDCI-RDA of former president Henri Konan Bédié. These papers suddenly disappeared from the newsstands in certain suburbs of Abidjan, especially in Yopougon and San Pédro, strongholds of the Ivorian Popular Party (PPI) of President Gbabo.

The foreign media in the country have also been the target of some xenophobic verbal attack since the start of the Ivorian crisis in September 2002. Some nationalist extremists have perceived the foreign media, particularly the RFI, to be sympathetic towards the rebels in the war.

The MFWA has, in April and August this year, organized a meeting and a workshop on media capacity building and professional ethics for journalists in Cote d’Ivoire. This was an effort to augment the capacity of the media to facilitate the process of consolidating peace and national reconciliation in the country. We are disappointed that ironically, a member of the media fraternity, the purveyors of rule of law, human rights and democracy, has been so tragically murdered in the line of duty.

While condoling with the family of Jean Hélene and the RFI, the MFWA calls upon the government of President Gbabo to ensure a thorough and independent investigation of this crime and to bring the perpetrator(s) to justice in the most exemplary manner.

Mauritania ALERT: Four weeklies seized

Authorities at the Ministry of Interior, Post and Telecommunications in Nouakchott, capital of Mauritania have, within one week, between October 12 and 18, 2003, banned or seized print runs of four weekly newspapers in the country. The affected publications are: Le Calame, Le Journal du Jeudi, Le Sahara and Essahiva.

According to Media Foundation for West Africa (MFWA)-Mauritania, the Ministry, as usual, gave no explanation for the latest clampdown. It is significant, however, that the actions come a few days to the start of official campaigning on October 22, 2003 for the country’s Presidential elections slated for November 7, 2003.

Six candidates are vying for the presidential post; including incumbent President Maaouiya Ould Sid Ahmed Taya who is seeking a third term. President Ahmed Taya came to power in 1984 after a military coup and arranged, and won, two successive elections in 1992 and 1997.

The Ministry of Interior, Post and Telecommunications frequently invokes Act 91- 023, the Law on Press Freedom in Mauritania, to censure publications perceived to be opposed to or critical of the government.

Article 11 of this anti-media-friendly legislation provides in part that, “The circulation, dissemination or sale … of newspapers or periodicals … likely to undermine the principal of Islam or the image of the state, to harm the public good, to compromise public order and security, whatever the language in which it is written, may be banned by an order from the Ministry of Interior.” The law also requires all newspapers to deposit five copies of every edition at the Interior Ministry and to obtain a permit before circulating the particular issue.

At a meeting on October 18, 2003, newspaper publishers in the country expressed concern about the discretionary and arbitrary use of the law to proscribe independent publications. They condemned the repressive attitude of the government and demanded greater freedom and respect for the rule of law.

The MFWA believes that this is the only way to ensure the necessary conducive conditions for free elections and genuine democracy in Mauritania. Please protest the use of the harsh press law to censure the media in Mauritania, and the recent clampdown on newspapers in the country.

Gambia ALERT: Arson attack on newspaper

The bi-weekly Independent newspaper in Banjul, The Gambia, was on Saturday, October 18, 2003, attacked by unidentified arsonists. The assailants, armed with tear-gas and petrol, also assaulted the newspaper’s security guard before they set the premises on fire.

Abdoulie Sey, editor-in-chief of the paper, informed Media Foundation for West Africa (MFWA)-The Gambia that a formal report has been made to the Gambia Police. No arrests have yet been made.

Although the attackers did not acknowledge any direct motive, Sey suspects an orchestrated attempt to intimidate and silence the newspaper. The Gambia Press Union (GPU), recalling “a similar arson attack on Radio 1 FM in August 2001, which case was never investigated”, has expressed concern about the failure (and apparent lack of commitment) of the Gambia Police to investigate and apprehend the perpetrators of the latest attack on journalists and the media in the country.

The MFWA is worried about the recent spate of attacks on the Independent and its staff. Indeed, the paper has been the focus of persistent attacks since it was established in 1999.

Barely one month after its appearance on the newsstands, N. B. Daffeh, a reporter of the paper, was arrested by an officer of the National Intelligence Agency (NIA). Shortly afterwards, on July 23, 1999, the paper was closed down.

The then managing editor, Alagi Yorro, editor-in-chief, Baba Galleh Jallow, and reporter N. B. Daffeh were arrested and detained for three days at the NIA offices in Banjul. The three were again arrested in December 1999, and detained for one day by officers of the Serious Crime Unit. They were subsequently charged with libel against the President. Two secretaries of state were also quoted as accusing the paper of “always opposing” the government and being “irresponsible” and deliberate provocateurs.

Seven months after, in the morning of July 25, 2000, Jallow and Alhagie Mbye, another reporter of the paper, were picked up by plainclothed security agents and detained at the Serious Crime Unit of the Banjul Police Headquarters. Although no official charges were brought against them, the police queried the two journalists about a story they had published in the July 4 – 6, 2000 edition of the paper entitled, Hunger Strike Reported at Mile Two Prisons. They were only released after they had each satisfied a bail condition in the sum of D25,000 (about US$2,500 at the time).

Just last month, on September 19, 2003, Aboulaye Sey was picked up and detained incommunicado until late Monday, September 22. In spite of official denials about their knowledge of his whereabouts, it turned out that Sey had been incarcerated at the NIA detention centre in Banjul. Although no official charges were preferred against him, Sey alleged that the NIA agents tortured him and threatened to kill him if he did not stop being criticical of the Yahyah Jammeh government.

The MFWA considers the incessant harassment, arrests and physical attacks on journalists and the media in The Gambia as a regrettable manifestation of intolerance of alternative views. The current torching of the premises of the Independent newspaper is also an attack on media freedom, freedom of expression and human rights.

We urge you to protest the inhospitable media climate in The Gambia and condemn the attack on the Independent newspaper.

Niger UPDATE: Editor sentenced

Ibrahim Sorley, managing editor of the weekly Le Enquêteur, was on Tuesday October 14, 2003 sentenced to a 12-month “suspended jail term” by the Niamey Regional Court. The court also barred Sorley from staying in Niamey, the capital, for three months.

It is recalled that Sorley was arrested on Saturday September 13, 2003 and detained by the Criminal Investigation Department (CID) for more than three weeks. He was arraigned before court on October 7, 2003 on a charge of spreading propaganda and “inciting ethnic hatred and regionalism.”

The Issue No. 169 of the Le Enquêteur had published an article, which suggested that President Tandja Mamadou had instructed the public treasury to withhold all payments due to Djibo Sakon, a well-known business contractor. The paper implied that the President’s directives were influenced by complaints being made by some businessmen in the East of Niger, who alleged that most public contracts were being awarded to Sakon who hails from the West of Niger.

Sierra Leone ALERT: Editor, three others in detention

Paul Kamara, the editor and publisher of the For-Di-People daily newspaper, and three staff of the printing press where the paper is printed were, on Saturday, October 11, charged with two counts of seditious libel against President Ahmed Tejan Kabbah. They are being detained at the Padema Road Maximum Prison in Freetown, following their failure to meet the stiff bail conditions imposed by a Magistrate court.

Those detained together with Kamara are Brima Sesay, chief printer, Joseph Charles, manager, and Lovette Charles, the 60-year-old proprietor of the John Love Printing Press.

According to Media Foundation for West Africa (MFWA)-Sierra Leone, Kamara and the staff of the printing press were first picked up on Friday, October 10, and held at the headquarters of the Criminal Investigations Department (CID). They were arraigned before court the following day and charged under the Public Order Act (1965) for a banner headline in the October 3 edition of the newspaper, which read, “Kabbah a True Convict”.

The article had insinuated that President Kabbah was found guilty in 1968 by a commission (referred to as the Beoku Betts Commission) set up to probe alleged fraud at the Sierra Leone Produce Marketing Board (SLMB) while he was serving as Permanent Secretary at the Ministry of Trade. However, the Speaker of Parliament, Justice Edmond Cowan, who took issue with the publication, argued in parliament that President Kabbah was not a convict because a commission of inquiry did not have the powers of a high court. Subsequently, the paper began serializing verbatim, the Beoku Betts Commission report.

Kamara and the three others were granted bail in the sum of Le50 million each – totalling the equivalent of more than US $100,000 – a condition they were unable to meet. They are, therefore, being held in prison custody, to reappear in court on Thursday, October 16, 2003.

Lovette Charles is reported to have fallen sick after spending the night in the CID cells. When she appeared in court, she vowed never to print for any newspaper again. Incidentally, several newspapers have since failed to appear on the newsstands.

The MFWA is concerned about the repeated arrests, detention and fines on journalist Paul Kamara. We are also particularly worried about the prohibitive bail conditions imposed on the four detained persons. MFWA appeals to the government and judiciary in Sierra Leone to avoid acts that could amount to gagging the independent press and stifling freedom of expression in the country.

Nigeria ALERT: Broadcast station to pay $472,440 in damages

A High Court in Owerri, southeast Nigeria, on October 8, 2003 ordered the Imo Broadcasting Corporation (IBC) and the Chairman of Imo Concorde Hotel, Otuekere Njaka, to pay Ezekiel Izuogu, who was Imo State governorship candidate in the 2003 elections, the sum of N60 million (approximately $472,440) as “general and special damages for the libel contained in a television broadcast and published for general reception by the defendants on or about January 1, 1999 and other dates.”

The defendants are also to pay for costs amounting to N10,000, and to tender a public apology to Izuogu, the plaintiff.

According to Media Foundation for West Africa (MFWA)-Nigeria, the court presided over by Justice Ngozi Opara held that Otuekere Njaka had impugned the integrity of Izuogu, in an IBC programme, “Encounter”, aired on or about January 1,1999.

The MFWA is worried about the exorbitant damages and costs being imposed on journalists and media organizations by the courts in Nigeria. In June this year, the First Bank of Nigeria sued the City People, one of Nigeria’s soft-sell magazines, claiming one billion niara (approximately $7,748,934.52) in “exemplary damages” for a story, which appeared in the June 11, 2003 edition of the magazine.

A State senator, Iyiola Omisore, is also claiming N1 billion (US$7, 874,015) as damages for a charge of libel filed at the Ibadan High Court against the News magazine and its editor for a publication in the magazine’s August 18, 2003 edition.

We suggest that whilst damages for injury to reputation may have a deterrent value, the motive, or effect, of such claims should not be so punitive as to jeopardize the very existence or viability of the media against which damages are awarded.

Sierra Leone ALERT: Newspaper editor fined $30,000

The editor and proprietor of the For-Di-People newspaper, Paul Kamara, was on Thursday, October 9, 2003, ordered to pay sums of money totalling the equivalent of $30,000, in damages and costs for a libel suit brought against him.

Presiding high court judge, Justice Ademusu, awarded damages in the sum of Le 60 million to be paid within 24 hours to Sierra Leone Football Association president and appeal court judge, Justice Emeric Tolla Thompson. Kamara was also ordered to pay another Le1,000,000 for costs.

Last year, on April 25, Kamara was charged with a two-count criminal libel suit for “malicious” publications “intended to smear the good name and the reputation” of Justice Thompson. He was placed under a Le10 million bail. Paul Kamara had accused Tolla Thompson of constitutional default for accepting a position for which he was receiving emoluments; which, according to Kamara, was contrary to the constitution.

The Media Foundation for West Africa (MFWA) is concerned about the highhanded and evidently punitive intent of the claims and ruling against the editor of the For-Di-People newspaper. Whilst acknowledging the prerogative of the court, MFWA appeals to litigants and the judiciary in Sierra Leone to resolve complaints about defamation by exercising the options of rejoinders, retractions and apologies.

Any action that could have the effect of limiting the space for informed public debate, encouraging prior censorship, or undermining freedom of expression generally, is also a potential threat to democracy and public accountability.

Niger ALERT: Head of State warns independent radio stations

President M. Tandja Mamadou of Niger has warned independent radio stations operating in parts of the country against broadcasting any programs “liable to disturb the social peace and public order.”

In a radio message (No.060/PRN of October 2, 2003) to all regional ministers, municipal chief executives and district heads of public institutions, the President instructed them to “immediately invite all media heads in areas under your jurisdiction and call them to order and warn them against any act liable to endanger the peace and public order.” He also threatened that, “any unacceptable behavior would be severely dealt with under the law.”

Copies of the President’s statement were served on media institutions operating outside of the capital, Niamey. Radio station managers have, in recent weeks, incurred the ire of state authorities who have accused the stations of engaging in disparaging press reviews, and of opening up their talk show and panel discussion programs to opposition groups and members of the Tuareg ethnic group to criticize the government.

Conflict between the government and semi-nomadic Tuareg in the early 1990s abated with the brokering of a peace accord in 1995. However, some former rebel elements have been critical of the government’s commitment to the terms of the agreement.

Niger ALERT: Media group director arrested

The Director of the Alternative Media Group, M. Moussa Tchangari was on Thursday October 9, 2003, arrested by four plainclothes police officers in Niamey, capital of Niger. Tchangari is being held in a cell at the Niamey Central Police Station.

According to Media Foundation for West Africa (MFWA)-Niger, the police agents, holding a warrant, arrived at the offices of the Alternative Media Group at about 11:00am and asked Tchangari to follow them.

At the police station, the Niamey Metropolitan Police Commander informed Tchangari that he was accused of “manipulating students to engage in acts intended to disturb the public order and causing severe damage to public and private property.”

Students of the University of Niamey, on Wednesday October 8, 2003, organized a demonstration, which ended in a clash with law enforcement agents. A vehicle was set ablaze by the demonstrators and several students were injured.

 

Senegal ALERT: RFI correspondent ordered out of the country

The Senegal correspondent of the Paris-based Radio France Internationale (RFI), Sophie Malibeaux, was on Tuesday October 7, 2003 arrested and ordered expelled by the government of Senegal. A statement issued by the Ministry of Interior claimed Sophie “tried to sabotage the peace process through biased handling of the Cassamance issue.”

According to Media Foundation for West Africa (MFWA)-Senegal, Sophie was picked up in Ziguinchor, south of Senegal, in the morning of October 7; barely a day after the opening of the Congress of the Movement of Democratic Forces of Cassamance (MFDC) on Monday, October 6. Three plainclothes police officers escorted her to a waiting aircraft belonging to the Senegal national army and flown to Dakar, capital of Senegal.

The RFI correspondent was then promptly transferred into a waiting vehicle and taken to the Ministry of interior where she was informed of her expulsion and ordered to immediately vacate the national territory of Senegal “for the sake of public order.”

The MFWA is saddened by the arbitrary and dispatch manner in which the security agencies in Senegal have proceeded to deport journalist Sophie Malibeaux. The decision itself also contravenes a basic tenet of the UN Declaration on Human Rights, which provides in Article 19 that, “Everyone has the right to freedom of opinion and expression; [including the] freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

We appeal to the government of President Abdoulaye Wade to rescind the decision to expel Sophie and, in any case, to give her an opportunity to respond to the charge of which she has already been pronounced guilty.

Sierra Leone ALERT: Editor arrested and detained

Paul Kamara, managing editor of the For-Di-People newspaper, was on Friday October 3, 2003 arrested and detained at the headquarters of the Criminal Investigation Department (CID) in Freetown, Sierra Leone.

Kamara was released after seven hours and asked to report the following morning.

According to Media Foundation for West Africa (MFWA)-Sierra Leone sources, Kamara was arrested at the instance of Attorney General and Minster of Justice, Eke Halloway, and queried about a front page article published in the October 3, 2003 edition of the paper. The article challenged the constitutional legality of the Speaker of Parliament, Justice Edmond Cowan’s defense of President Ahmed Tejan Kabbah in Parliament.

Justice Cowan had reacted in Parliament to recent media publications that insinuated that President Kabbah was found guilty in 1968 by a Commission of Inquiry headed by Justice Beoku Betts. The Beoku Betts Commission was set up to investigate alleged fraud at the Sierra Leone Produce Marketing Board (SLPMB) while President Kabbah was serving as Permanent Secretary at the Ministry of Trade.

The “For-Di-People” newspaper had, for the last week been serializing verbatim, the Beoku Betts Commission report, much to the chagrin of the Speaker of Parliament and some government officials.

The Speaker, quoting relevant provisions of the constitution, argued that President Kabbah was not a convict because a Commission of Inquiry did not have the powers of a High Court.

The Media Foundation for West Africa (MFWA) considers the arrest, detention and interrogation of Kamara for disagreeing with the Speaker on the constitutional interpretation of the Beoku Betts Commission’s report as an abuse of power and a manifestation of intolerance of dissent.

The MFWA appeals to the government of President Ahmed Tejan Kabbah to demonstrate a commitment to media freedom and freedom of expression in Sierra Leone by permitting the independent and critical debate of issues of public interest.

Guinea ALERT: Newspaper suspended

Guinea’s media regulatory body, the National Communication Council (CNC), has suspended the bi-monthly Le Populaire for a story carried in the Issue No. 24 of September 30, 2003 of the paper. The managing editor, Ibrahima Diallo, and the author of the story, Abdallah Balde, have also been suspended from practice.

In a statement dated October 1, the CNC explained that the newspaper, together with the two journalists, was being suspended for a period of one month, from October 2, to November 2, 2003, because its lead story, captioned “Amadou Kouyate cuts off his genitals …” was, “an affront to propriety and a violation of the rules of media ethics and professional conduct.” The story was accompanied by a picture illustration of a man showing what remained of his severed penis.