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The MFWA Participates in High-Level Meeting on ICC-Africa Relations

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The Media Foundation for West Africa (MFWA) participated in a high-level conference to deliberate on the current and future relations between Africa and the International Criminal Court (ICC). The conference, which was held last week in Johannesburg, South Africa, was themed “Africa and the International Criminal Court: Lessons Learned and Synergies Ahead.”

Speakers at the conference included Immediate Past U.N. High Commissioner for Human Rights, Navi Pillay; the Chief Prosecutor of the ICC, Fatou Bensouda; and judges from the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

Government representatives, diplomats, academics, and representatives of civil society organisations were also present.

Participants explored issues related to the ICC’s principle of complementarity, international cooperation between African states and the ICC, domestication of the Rome Statute in Africa, and holistic approaches to international criminal justice.

“The MFWA participated in this conference as part of its initiative to contribute to improving international justice mechanisms and to help address impunity for human rights violations,” said Anjali Manivannan, the MFWA’s Programme Officer for Free Expression Rights Monitoring and Campaigns.

Through its campaign against impunity, the MFWA has been working as part of a continental network of civil society organisations that aims to mobilise support for the ICC in Africa. The MFWA has also been leading similar advocacy efforts to strengthen West Africa’s regional court, the ECOWAS Community Court of Justice located in Abuja, Nigeria, and the African Court of Justice in Arusha, Tanzania.

“Moving forward, the MFWA will continue to lead and support access to justice endeavours in order to improve human rights in West Africa and the African continent at large,” Ms. Manivannan said.

Guinea Alert: Three journalists murdered

On September 16, 2014, a mob of villagers killed three journalists and five others who were raising awareness about Ebola in Womey, a village about 900km from Guinea’s capital, Conakry.

Facely Camara, who was a journalist with Radio Liberté FM at Nzérékoré (about 50 km from Womey), and Molou Chérif and Sidiki Sidibé, who were, respectively, a journalist and a technician at a community radio station in Nzérékoré, were killed while covering a sensitisation campaign on preventive measures against Ebola in Womey.

The MFWA’s Guinea correspondent reported that locals attacked the team, which comprised local administrators, two medical officers, a preacher, and the three journalists. They pelted the team with stones and attacked them with cutlasses.

Some members of the delegation managed to flee, but eight of them, including three journalists, were kidnapped by the villagers. The villagers brutally killed them in the bush by slitting their throats and then buried them in a mass grave.

According to the correspondent, the villagers instigated this attack because they thought Ebola “is a political lie orchestrated by the authorities and that the disease is not real.” This follows previous riots in Nzérékoré in August after rumours that health officials who were disinfecting a market were infecting people with the virus.

The MFWA’s correspondent added that the Union of Free Radio and Television Stations of Guinea, Guinean Association of Private Newspaper Publishers, and Guinean On-Line Media Association have already issued a joint statement condemning this incident.

The Guinean Prime Minister, Mohamed Said Fofana, condemned the massacre in a national address. He promised that the perpetrators will be punished; six people have already been arrested in connection with the incident.

The MFWA is greatly saddened by this development and urges the Guinean Prime Minister to remain true to his words and bring the perpetrators to justice.

We urge organisations working with journalists to ensure their safety while reporting on sensitive issues. We also call on the Guinean government and other governments in West Africa to intensify education about Ebola to clear doubts and suspicions people may have about the disease.

UNESCO’s Dep. Director General Commends Launch of African Internet Declaration

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The Deputy Director General of UNESCO, Mr. Getachew Engida, has commended the launch of the African Declaration of Internet Rights and Freedoms during the 9th Internet Governance Forum (IGF) held in Turkey.

He described the initiative as a “significant milestone in this digital era,” and made reference to other similar progressive documents in Africa such as the 1993 Windhoek Declaration, the 2001 African Charter on Broadcasting and the 2002 Declaration of Principles on Freedom of Expression in Africa.

The African Declaration on Internet Rights and Freedoms is a Pan-African initiative to promote human rights standards and principles of openness in internet policy formulation and implementation on the continent.

“We warmly welcome the call for UNESCO to integrate the Declaration into our Priority Africa strategies,” Mr. Endiga said, adding that UNESCO would continue to promote the social and cultural rights on the Internet as well as the use of local languages and local content online.
“As the UN’s agency that specialized in education, culture, science, and communication-information, we pledge to play our part in the ongoing development of the Internet in the service of humanity.”

The Declaration builds on well-established African human rights documents including the African Charter on Human and Peoples’ Rights of 1981, the Windhoek Declaration on Promoting an Independent and Pluralistic African Press of 1991, the African Charter on Broadcasting of 2001, the Declaration of Principles on Freedom of Expression in Africa of 2002, and the African Platform on Access to Information Declaration of 2011.

The idea for an African Declaration on Internet Rights and Freedoms was agreed on, at the 2013 African Internet Governance Forum in Nairobi, Kenya. A broader meeting was subsequently convened in Johannesburg in February 2014 to commence drafting the Declaration.

For enquiries about the Declaration please contact:
Sulemana Braimah, Media Foundation for West Africa: [email protected]
Edetaen Ojo, Media Rights Agenda: [email protected]
Dixie Hawtin, Global Partners Digital: [email protected]
Emilar Vushe, Association for Progressive Communications: [email protected]

Empower African-Based Organisations To Lead Internet Governance Campaign In Africa – MFWA Boss

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The Executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah, has called for an African-led campaign to expand internet and ICT development in Africa. This according to him is the way to go if results are to be achieved in internet and ICT advocacy in Africa.

He noted that even though it is good to work through partnerships with Western organisations which often get lots of funding, it will be better if more African-based organisations could get such resources to lead the campaign due to the historical and cultural context.

“…Sometimes when you have Western organisations leading the campaign for Internet freedom and Internet rights in Africa, the debate is – this is again a neo-colonialism perspective or a Western agenda coming in, and that then becomes difficult for those of us on the ground to actually pursue the results that we want.”

He therefore called for “empowering grass-roots organisations in Africa to lead the campaign, rather than becoming subsidiaries and partners to western organisations to lead campaigns in Africa.

Sulemana Braimah made the call when contributing to discussions during a workshop on the topic From Ideas To Solutions: Funding Challenges For Internet Development at the 2014 Internet Governance Forum (IGF) held in Istanbul, Turkey from 2nd to 5th September 2014.

The IGF is an annual multistakeholder forum which facilitates discussions on public policy issues related the internet and its governance. This year’s Annual IGF was under the theme “Connecting Continents For Enhanced Multi-Stakeholder Internet Governance.” The Forum brought together over 3,000 participants (including two representatives from the MFWA) to discuss various issues concerning the governance of the internet ecosystem.

As part of the initiators and working group on the African Declaration on Internet Rights and Freedoms, the MFWA participated at the launch of the Declaration at the IGF.
Participation at the Forum has contributed to enhancing the knowledge and capacity of the MFWA to engage effectively on internet governance and internet freedom issues. The

Forum also provided networking opportunities for the organisation to learn and share experiences with other organisations.
The MFWA’s participation at the IGF and other internet freedom related activities and events forms part of the organisation’s Internet Freedom and Digital Rights Advocacy Programme.

Senegal Update: Former Minister appears in court after 21 days in detention

Samuel Amèth Sarr, a former Minister of Energy under the presidency of Abdoulaye Wade, appeared in Court on charges of libelling Senegalese President Macky Sall on 10th September, 2014.

The MFWA’s correspondent in Senegal reported that Sarr did not deny the facts of the case for which he has detained since 19th August.

After the hearing, his lawyers applied to judge Samba Fall to grant him bail, but he was taken back into custody.

Sarr’s ongoing detention and trial is as a result of a post he made on his Facebook page on 18th August. He posted a bank account number, which he alleged belonged to President Macky Sall. The post also alleged that the president had enriched himself illegally. In addition, he asked the Senegalese Judiciary to find out who owns the bank account, which is credited with an amount of FCFA 7 billion (about US $14 million).

Sarr was arrested on 19th August, and charged with libelling the Head of State on 20th August an offence punishable by Article 80 of the Senegalese Criminal Code. If found guilty, Sarr faces between three to five years in jail and a fine between FCFA 100,000 and FCFA 1,500,000 (about US $200–US$3000).

The continued existence and liberal application of criminal libel laws threatens freedom of expression and democratisation. The MFWA once again calls on the Senegalese government to repeal laws such as Article 80 that criminalise speech.

African Declaration on Internet Rights and Freedoms for Launch at 2014 IGF

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The African Declaration Drafter’s Group is pleased to present the African Declaration on Internet Rights and Freedoms which will be released on September 4 at the Internet Governance Forum (IGF) in Istanbul, Turkey, and on September 8 at Highway Africa Conference in Grahamstown, South Africa.

The development of the African Declaration on Internet Rights and Freedoms is a Pan-African initiative to promote human rights standards and principles of openness in internet policy formulation and implementation on the continent. The Declaration is intended to elaborate on the principles which are necessary to uphold human and people’s rights on the internet, and to cultivate an internet environment that can best meet Africa’s social and economic development needs and goals.

The Declaration builds on well-established African human rights documents including the African Charter on Human and Peoples’ Rights of 1981, the Windhoek Declaration on Promoting an Independent and Pluralistic African Press of 1991, the African Charter on Broadcasting of 2001, the Declaration of Principles on Freedom of Expression in Africa of 2002, and the African Platform on Access to Information Declaration of 2011.

The idea for an African Declaration on Internet Rights and Freedoms was agreed at the 2013 African Internet Governance Forum in Nairobi, Kenya. A broader meeting was subsequently convened in Johannesburg in February 2014 to commence drafting the Declaration. This meeting was attended by participants from the following organisations: Africa Centre for Open Governance, Article 19, Association for Progressive Communications, CIVICUS, Collaboration on Internet ICT Policy in East and Southern Africa, Commission on Human Rights and Good Governance, DotAfrica, Eduardo Mondlane University, Global Partners Digital, The Institute for Social Accountability, Internet Society Ghana, Kenya Human Rights Commission, Kictanet, Media Foundation for West Africa, Media Institute of Southern Africa, Media Rights Agenda, Paradigm Initiative, Protégé QV, South African Human Rights Commission, Support for Information Technology and Web We Want.

A smaller Drafter’s Group – led by Edetaen Ojo (Executive Director of Media Rights Agenda) – developed the text of the Declaration based on feedback from the wider group, from an online public consultation, and from many eminent individuals and organisations from a range of African and international actors and institutions.

Our mission is for the Declaration to be widely endorsed by all those with a stake in the internet in Africa and to help shape approaches to internet policy-making and governance across the continent.

The Declaration will be presented at the African Union Conference of Ministers in charge of Communication and Information Technologies scheduled to take place during the first quarter in 2015.

To find out more please visit the website http://africaninternetrights.org/

For enquiries about the Declaration please contact:

Dixie Hawtin, Global Partners Digital at [email protected]>
[email protected]

Emilar Vushe, Association for Progressive Communications at
[email protected]> [email protected]

The Gambia Update: Court acquits newspaper worker facing sedition charges

Mass Kah, a messenger of Foroyaa, a privately-owned newspaper in The Gambia, was acquitted of sedition charges by the Kanifing magistrate court on September 9, 2014.

The trial magistrate Aji Amie Jagne acquitted and discharged Kah after declaring that the prosecution had failed to prove its case beyond reasonable doubt.

Kah’s case began on November 14, 2013, when he was arrested after a verbal exchange between him and two men over his comments on a photo of the president. Kah made several comments that were considered insulting to the president, including asking a supporter of President Jammeh to paste the “photo of the president on the sky.”

He was reported to the police and held in custody for two days, when he was transferred to the custody of the National Intelligence Agency (NIA) in Banjul. Furthermore, NIA officers arrested the only witness to Mass Kah’s case, a tailor named Morr Jagne, on November 22, and held him for three days.

Kah denied the sedition allegation against him. On November 27, he was arraigned before Magistrate Isatou Janneh of the Kanifing Court and charged with one count of sedition contrary to section 51(1)(a) of The Gambia’s Criminal Code.

The State later amended the charge from a violation of Section 51(1)(a) to a violation of Section 52(1)(b) of the Criminal Code, Cap. 10:01, Volume III of the Revised Laws of The Gambia, 2009. He was subsequently granted bail of Dalasi100, 000 (about $2800) along with two Gambian sureties.

During the trial, the judge said the information on the charge sheet was different from the evidence presented by the witnesses of the prosecution. According to the charge sheet, Kah “with willful intention uttered a statement against the photo of the President of The Gambia, which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, asking: ‘why not you paste the said photo of the President on the sky?’ And thereby committed an offence.”

The court held that such a statement could not bring hatred, disaffection and disrespect to the person of the president and therefore dismissed the charges against Kah.

Guinea Alert: Managing Editor unlawfully arrested and detained for allegedly libelling official

Criminal Investigations Department officers picked up Louis Esperant Celestin, the managing editor of the weekly newspaper Journal d’Afrique, on September 3, 2014.

The MFWA’s correspondent in Guinea reported that the officers pushed Celestin into a vehicle and sent him to the office of the Deputy Prosecutor of the Kaloum County Court. There, he was interrogated for about four hours regarding a complaint made by the Director-General of the Post and Telecommunication Regulatory Agency (L’Autorité de Régulation des Postes et Télécommunications-ARPT), Moustapha Mamy Diaby. He was then released without prejudice and handed over to his lawyer.

Diaby has accused Celestin of libelling him through the press following a publication by Célestin’s on June 16. The said report alleged that Diaby had diverted 44 billion Guinean Francs (about 6million dollars) meant for the ARPT.

“I used a report which did not state whether it was not for immediate release. This document produced by the Ministry of Telecommunications stated that this amount went missing under the management of Moustapha Mami Diaby. Now he has lodged a complaint against me.” Celestin told our correspondent.

The MFWA condemns the arrest and detention of Celestin as it is unlawful under the Guinea’s new legislation on the press, Law No. 002, which was passed in 2010 by the National Transitional Council and assented to by the President of the Republic in 2013. The law decriminalizes breaches of the press laws. This law stipulates that a journalist cannot be arrested and detained for breaches committed through the press. For libel, slander, and ancillary offences committed through the press, the offending journalist incurs a fine without facing arrest or imprisonment.

Guinea Alert: Reporter beaten up by a Gendarme

A member of the Guinean Gendarmerie assaulted David Tchopn Bangoura, a reporter for the private radio station Lynx FM, on September 4, 2014.

Bangoura was covering a peaceful march organised by former clients of an allegedly bankrupted bank who were demanding the reimbursement of their money when the gendarme, identified as Abdoulaye Diallo, charged at him.

Diallo, who had blocked the road to the demonstrators, left his post when he saw Bangoura and uttered “you journalists, you are the ones going everywhere to report problems.” He followed the statement with two slaps, sending Bangoura to the ground.

“He insulted me and called me all sorts of names.” Bangoura told the MFWA’s correspondent. The officer said what he did was right and that he does not regret his action.

In Guinea, journalists discharging their professional duties are often attacked by gendarmes who brutalize and insult them. The MFWA calls on the security agencies in Guinea to respect the important role journalists play in the development of the country and allow them to carry out their professional duties. The MFWA also urges the leadership of the security agencies to sanction members who assault and brutalize journalists in the course of their duty.

Senegal Alert: Former Minister placed under Committal Order for Libel against Head of State

Samuel Amète Sarr, a former Minister of Energy under the presidency of Abdoulaye Wade, was on August 20, 2014, placed under a committal order for libeling President Micky Sall.

Sarr who is also a member of the Steering Committee of the opposition Senegal Democratic Party, (Parti Démocratique Sénégalais – PDS), was put in custody on August 19, at the investigations department of the Colobane Gendarmerie Brigade (Central Dakar) where he spent the night. He was brought before the State Prosecutor on August 20, for libel against the Head of State, an offence punishable by Article 80 of the Senegalese Criminal Code. He was subsequently placed under a committal order.

This was as a result of a post he made on his Facebook page on August 18.  The said post had a bank account number which he alleged belonged to President Micky Sall. The post also alleged that the President had enriched himself illegally. He also asked the Senegalese Judiciary to get to find out who owns the said bank account which is credited with an amount of FCFA seven billion (about US$14 million).

The former minister also alleged that William Bourdon, president and founder of Sherpa, (an association that protect victims of economic crimes) who has been instrumental in the on-going corruption case against Karim Wade, former minister and son of President Wade, has failed to investigate President Sall because he has been “paid handsome amounts of money by the State.”

Article 80 among other things states that “deeds and acts likely to compromise public security, cause serious political disorders or infringe upon the laws of the country shall be punishable by a term of imprisonment of at least three years and at most five years as well as a fine of between FCFA 100,000 and 1,500,000. Offenders may also be banished locally. ”

The continued existence and application of criminal libel laws is a threat to freedom of expression and democratisation. The MFWA, therefore, calls on the Senegalese government to repeal laws such as Article 80 that criminalise speech.

Read About Our Work in July In the Third Edition of Our Newsletter

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The  MFWA  brings  to you the July edition of The Gong-Gong, our monthly Newsletter.

This edition features interesting stories on the newly introduced State of the District broadcast on partner radio stations in five districts in Northern Ghana, the inroads we are making in our Advocacy and many others.

You can click here to read or download. You can also subscribe to our E-newsletter and other publications. Your feedback and suggestions are welcomed.

Thank you for your support.

Women’s Participation In Public Discourse Goes Up Slightly

The involvement and participation of women in public discourse programmes on radio has inched up slightly. This is based on findings from the Media Foundation for West Africa’s (MFWA) Gender-Equality Monitoring report for July 2014.

The report shows that women accounted for 22 percent of individuals who featured on the programmes monitored within the period; a five percent (5%) increase over the figure recorded for the month of June (17%).

The station which recorded the least number of female presenters in July 2014 was Tema-based Meridian FM which did not feature any female as host of any programme.  On the political party front, the ruling NDC recorded the highest number of women discussants followed by the NPP, then CPP and NDP in that order.

The monitoring of female participation in public discourse on 24 radio stations in Ghana forms part of activities under the West Africa Human Rights and Democratisation (WHARD) Programme being jointly implemented by the Media Foundation for West Africa (MFWA) and the Foundation for Security Development in Africa (FOSDA) with funding from IBIS-Ghana.

The gender monitoring project is aimed at positively influencing gender policies and practices among media organisations and political parties in Ghana.  For the full July 2014 report click here or visit the publications section of our website.

For further clarifications, contact Abigail Larbi (MFWA) on 0244 867 047 or Theodora Anti (FOSDA) on 0243 203 060.