FOcus On - International Press Institute
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FOcus On - International Press Institute
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World <strong>Press</strong> Freedom revieW<br />
2008<br />
<strong>FOcus</strong> <strong>On</strong><br />
AsiA<br />
www.freemedia.at
The IPI World <strong>Press</strong> Freedom Review is dedicated<br />
to the 66 journalists who lost their lives in 2008<br />
Gadzhi Abashilov<br />
Sarwa Abdul-Wahab<br />
Benefredo Acabal<br />
Dyar Abas Ahmed<br />
Jassim al-Batat<br />
Alaa Abdul-Karim Al-Fartoosi<br />
Qassim Abed El-Hussein Al-Iqbai<br />
Abdulla Telman Alishayev<br />
Haidar al-Husseini<br />
Mohieldin Al-Naqib<br />
Shihab Al-Tamimi<br />
Eiphraim Audu<br />
Chalee Boonsawat<br />
José Armando Rodríguez Carreón<br />
Athiwat Chaiyanurat<br />
Grigol Chikhladze<br />
Dennis Cuesta<br />
Paranirupasingham Devakumar<br />
Nasteh Dahir Farah<br />
Niko Franjic<br />
Pierre Fould Gerges<br />
Soran Mama Hama<br />
Hisham Mijawet Hamdan<br />
Hassan Kafi Hared<br />
Abdul Razzak Johra<br />
Jagat Prasad Joshi<br />
Trent Keegan<br />
Mohammed Ibrahim Khan<br />
Alexander Klimchuk<br />
Walter Lessa de Oliveira<br />
Musab Mahmood<br />
Teresa Bautista Merino<br />
Leo Mila<br />
Javed Ahmed Mir<br />
Rashmi Mohamed<br />
Ihab Mu’d<br />
Abdus Samad Chishti Mujahid<br />
Mohammed Muslimuddin<br />
Didace Namujimbo<br />
Wissam Ali Ouda<br />
Aristeo Padrigao<br />
Jorge Mérida Pérez<br />
Ivo Pukanic<br />
Carlos Quispe Quispe<br />
Giorgi Ramishvili<br />
Jaruek Rangcharoen<br />
Vikas Ranjan<br />
Normando García Reyes<br />
Abdul Samad Rohani<br />
Martin Roxas<br />
Jagjit Saikia<br />
Ahmed Salim<br />
Khim Sambo<br />
Felicitas Martínez Sánchez<br />
Abdul Aziz Shaheen<br />
Khadim Hussain Shaikh<br />
Fadel Shana<br />
Pushkar Bahadur Shrestha<br />
Ilyas Shurpayev<br />
Ashok Sodhi<br />
Stan Storimans<br />
Carsten Thomassen<br />
Siraj Uddin<br />
Miguel Angel Villagómez Valle<br />
Magomed Yevloyev<br />
Alejandro Zenon Fonseca Estrada
IPI Headquarters<br />
Spiegelgasse 2/29<br />
A-1010 Vienna, Austria<br />
Telephone +43 (1) 512 90 11<br />
Fax +43 (1) 512 90 14<br />
ipi@freemedia.at<br />
http://www.freemedia.at<br />
Registered in Zurich<br />
Janne Virkkunen David Dadge Uta Melzer<br />
IPI Chairman IPI Director Managing Editor<br />
and Publisher<br />
Editors Asia Africa The Americas<br />
Michael Kudlak Andrew Horvat Uta Melzer Michael Kudlak<br />
Colin Peters Naomi Hunt<br />
Timothy Spence Nayana Jayarajan<br />
Patti McCracken<br />
Uta Melzer<br />
Colin Peters<br />
Barbara Trionfi<br />
Australasia Middle East<br />
and Oceania The Caribbean Europe and North Africa<br />
Colin Peters Charles Arthur Colin Peters Naomi Hunt<br />
Logo and<br />
Researcher Layout Cover Design<br />
Franz Brugger Günther Bauer Elisabeth Birkhan
Content<br />
Global Overview..................................4<br />
Asia Overview ....................................6<br />
Death by Numbers ..............................8<br />
Afghanistan........................................10<br />
Bangladesh ........................................12<br />
Mission:<br />
<strong>Press</strong> Freedom in Bangladesh ......................13<br />
Justice Denied:<br />
The case of Mohammad<br />
Atiqullah Khan Masud ......................15<br />
Bhutan ................................................16<br />
Burma (Myanmar)..............................17<br />
Cambodia ..........................................20<br />
People’s Republic of China ..............22<br />
Hong Kong ........................................24<br />
India....................................................25<br />
Notes From the Field: India ............28<br />
Indonesia............................................30<br />
Notes From the Field: Indonesia ....32<br />
Balibo Revisited ................................33<br />
Japan ..................................................34<br />
Kazhakstan ........................................36<br />
Krgyzstan ..........................................37<br />
Laos ....................................................39<br />
Malaysia ............................................41<br />
Notes from the Field: Malaysia........43<br />
Maldives ............................................44<br />
Mongolia ............................................45<br />
Nepal ..................................................47<br />
Mission: <strong>Press</strong> Freedom in Nepal..............49<br />
Dialogue for a Free Media ................51<br />
North Korea........................................52<br />
Pakistan..............................................53<br />
Philippines..........................................55<br />
Singapore ..........................................57<br />
South Korea........................................59<br />
Sri Lanka ............................................60<br />
Mission:<br />
<strong>Press</strong> Freedom in Sri Lanka........................63<br />
Justice Denied:<br />
The case of Subramaniyam<br />
Sukirtharajan......................................64<br />
Taiwan................................................65<br />
Tajikistan............................................66<br />
Thailand ............................................68<br />
Notes From the Field: Thailand ......70<br />
Turkmenistan ....................................70<br />
Uzbekistan..........................................72<br />
Vietnam ..............................................74<br />
Africa Overview ................................76<br />
Americas Overview ..........................80<br />
Europe Overview ..............................83<br />
Middle East and<br />
North Africa Overview......................86<br />
Australasia and<br />
Oceania Overview ............................89<br />
Caribbean Overview ........................91<br />
IPI Death Watch ................................94<br />
Acknowledgments ..........................100
4<br />
Egyptian journalists protest in Cairo with posters showing Ibrahim Eissa, editor of the independent Al-Dustor newspaper,<br />
after an appeals court upheld a guilty verdict against him for stories questioning the Egyptian president's health. (AP, Amr Nabil)
By Uta Melzer Managing Editor<br />
How Numbers Can Lie<br />
Ninety-three killed in 2007, 66 in 2008. If numbers could tell full stories,<br />
the plunge in recor ded journalist deaths might have encouraged sighs of relief.<br />
But as this year’s IPI World <strong>Press</strong> Freedom Review underscores,<br />
these statistics mean little in light of the myriad forms of censorship available<br />
to those looking to suppress news and information.<br />
This year IPI focuses on Asia,<br />
which proved the region deadliest<br />
for journalists in 2008, lar -<br />
gely due to a string of killings in India,<br />
Pakistan and the Philippines. But journalists<br />
in other corners of the glo be died<br />
in disturbing numbers, such as in Iraq,<br />
Mexico, Georgia and Russia, where the<br />
apparent execution-style kil ling of an In -<br />
gushetian reporter unnerved a journalistic<br />
community long accustom ed to harrowing<br />
violence.<br />
Other developments showed that jour -<br />
nalists, a competitive bunch, have good<br />
reason for increased solidarity in light of<br />
the strikingly similar challenges they face<br />
worldwide.<br />
Judicial harassment dressed up as<br />
national security protection, in the past<br />
much criticized in the United States,<br />
also permitted authorities to intimidate<br />
outspo ken journalists in places such as<br />
Sri Lanka, Bangladesh, Malaysia, China<br />
and Iran.<br />
The European Union’s anti-terrorism<br />
efforts subtly encroached on the media,<br />
with the implementation of a directive<br />
requiring the retention of communications<br />
data for potential use in criminal<br />
investigations, a headache for those looking<br />
to protect their sources.<br />
Censorship in the name of tradition,<br />
religion, culture and national reputation<br />
was also widespread. In Thailand, laws<br />
protecting the reputation of the mon -<br />
arch prompted judicial proceedings and<br />
led to the shutdown of more than<br />
2.000 websites. In parts of the Middle<br />
East and North Africa, laws forbidding<br />
insults to Islam continued to carry the<br />
death penalty.<br />
Turkey’s government resisted deeper<br />
reform to its prohibitions on “insults to<br />
Turkishness”, half-heartedly rewording<br />
the law to forbid insults to the “Turkish<br />
nation”. In Slovenia, a country that held<br />
the EU presidency in the first half of<br />
2008, parties angered by media coverage<br />
repeatedly pushed for the prosecution of<br />
journalists under laws forbidding insults<br />
to the state.<br />
Global calls to rid legal systems of cri -<br />
minal penalties for defamation, whether<br />
involving the reputation of states, political<br />
leaders or individuals, met with little<br />
success. With many Western European<br />
nations failing to take the lead in such<br />
reform, it is not surprising that authoritarian<br />
leaders elsewhere readily relied on<br />
such provisions to harass journalists, particularly<br />
in African countries such as The<br />
Gambia and Zimbabwe, and Asian countries<br />
such as Indonesia and Singapore.<br />
Developments showed<br />
that journalists have<br />
good reason for increased<br />
solidarity in light of the<br />
strikingly similar challenges<br />
they face worldwide<br />
Source protection was a major issue<br />
not just in Europe. In the United States,<br />
courts squared off against journalists with<br />
respect to the issue, and moves for a federal<br />
media shield law saw some progress.<br />
In Australia, reticent journalists were<br />
threa tened with contempt proceedings,<br />
and had their premises and homes raided.<br />
But the news was not all grim. Chile<br />
and Guatemala approved access-to-information<br />
laws. Nepal created a National<br />
In formation Commission to implement<br />
the previously enacted Right to Informa -<br />
tion Act. Bangladesh too saw a new law<br />
on the right to information, though various<br />
insufficiencies resulted in relatively<br />
muted celebrations. The Cook Islands<br />
took the lead in Oceania, becoming the<br />
first nation to introduce a right to information<br />
law in that region. Disappoint -<br />
ing ly, Nigeria’s government once again<br />
stalled consideration of the ever-pending<br />
Freedom of Information Bill.<br />
<strong>Press</strong> freedom organizations often re -<br />
mind politicians that they do not have to<br />
love the media, but should respect journalists’<br />
duty to be watchdogs and to in -<br />
form the public. Public leaders showed<br />
little resistance to the first part of that<br />
adage, with leaders in Sri Lanka, Turkey,<br />
Venezuela, Ecuador and Slovenia engaging<br />
in particularly hostile anti-media<br />
rhetoric. Fiji’s interim prime minister took<br />
things a step further, and, irked by their<br />
coverage, simply had two non-citizen<br />
journalists placed on a plane out of the<br />
country before immigration officials could<br />
review the legality of such a measure.<br />
Containing cyberspace was another<br />
ambitious effort into which authorities<br />
worldwide put much energy. In the Mid -<br />
dle East and Central Asia, this largely<br />
came in the form of new user registration<br />
requirements. Even the democratic government<br />
of South Korea said it is considering<br />
such measures. In China, cartoon<br />
police officers that popped up on computer<br />
screens when Internet users there<br />
accessed illegal content were no laughing<br />
matter for those all too familiar with the<br />
real thing.<br />
Silence was another chilling trend. In<br />
Eritrea, little information trickled out of<br />
the country about the dozen or more<br />
journalists languishing in jail since as<br />
early as 2001. In Mexico, eight journalists<br />
have simply gone missing as of 2008.<br />
5
6<br />
Asia By Barbara Trionfi<br />
Cyber-Censorship Finds a Home<br />
In a region replete with repressive governments, intolerance of dissent is only<br />
one of many obstacles to media freedom. Investigative journalists face wanton<br />
attacks, while reporters routinely find themselves in the cross-fire of ethnic,<br />
religious and political turf wars. Government failure, aloofness or unwillingness<br />
to bring the perpetrators to justice serves as encouragement for further attacks.<br />
Pakistani journalists and members of civil society chant slogans during a rally to mark World<br />
<strong>Press</strong> Freedom Day, on 3 May 2008 in Islamabad, Pakistan. (AP Photo/Anjum Naveed)<br />
The Internet continues to be a battleground<br />
between journalists<br />
and their censors, while two<br />
Asian countries – China and Vietnam –<br />
maintain a leading role as jailers of cyber<br />
dissidents.<br />
Propelled by Internet and mobile messaging,<br />
news spread fast of major events,<br />
including the protests in Tibet, the escalation<br />
of violence in Sri Lanka, massive<br />
anti-government demonstrations in Thailand,<br />
and calamities such as the Sichuan<br />
earthquake in China and cyclone Nargis<br />
in Burma. Much of the more sensitive<br />
information related to these events would<br />
never have reached the public had it not<br />
been for the courageous efforts of repor -<br />
ters to uncover what governments tried<br />
to cloak.<br />
Despite China’s efforts to liberalise its<br />
economy, its centralised rule and intolerance<br />
of dissent create inherent tensions for<br />
both foreign and Chinese journalists.<br />
Attacks against journalists perceived as<br />
damaging China’s image have been nu m -<br />
erous. Foreign journalists received death<br />
threats after state-run media ran reports<br />
critical of the international coverage of the<br />
Tibet unrest, and Chinese journalists were<br />
locked up for reports deemed negative.<br />
Despite China’s efforts<br />
to liberalise its economy,<br />
its centralised rule and<br />
intolerance of dissent<br />
create inherent tensions<br />
for both foreign and<br />
Chinese journalists<br />
In semiautonomous Hong Kong, one<br />
magazine board decided to drop an article<br />
suggesting that Hong Kong-style<br />
autonomy might be the best solution<br />
for Tibet. The decision raised concerns<br />
about the increasing influence of pro-<br />
Beijing forces in the Hong Kong Special<br />
Administrative Region and its consequence<br />
on its citizens’ rights.<br />
Jing and Cha are the two cartoon figures of<br />
"virtual cops" that patrol the Internet in China<br />
(AP Photo/Beijing Public Security Bureau, HO)<br />
Meanwhile, criminal defamation and<br />
lack of judicial independence represent a<br />
serious threat to press freedom in many<br />
Asian countries.<br />
In the Philippines, a Daily Tribune<br />
reporter was sentenced to a prison term<br />
of up to two years and 10 months for an<br />
article she wrote alleging corruption in a<br />
contract-bidding deal.<br />
Courts in Indonesia have struck<br />
down laws that criminalised defamation<br />
of the government and insults to the pre -<br />
sident and vice president, calling them<br />
unconstitutional. However, defamation<br />
in general remains a criminal offence.<br />
Violations of the newly passed Electronic<br />
Information and Transaction Law, forbidding<br />
the distribution of insulting or<br />
defamatory information in electronic<br />
form, are punishable with a maximum of<br />
six years in prison and high fines.<br />
Thailand has witnessed a number of<br />
complaints and prosecutions in connection<br />
with draconian laws that forbid criticism<br />
of the monarch. The laws foster le -
gal harassment of journalists and self-censorship.<br />
Furthermore, the government has<br />
reported that it has blocked 2,300 websites<br />
including messages deemed insulting<br />
to monarchy. This year, BBC correspondent<br />
Jonathan Head was harassed<br />
by a police officer who alleged that the<br />
reporter had offended the king. Under<br />
Thai law, lèse-majesté charges can be<br />
brought by any citizen.<br />
In a separate case, Australian author<br />
Harry Nicolaides was jailed on 31 August<br />
for three sentences he wrote about the<br />
royal family in his 2005 novel, “Veri si -<br />
militude”.<br />
The Vietnamese government’s<br />
crackdown on free<br />
speech resulted in the arrest<br />
of at least 10 journalists<br />
Criminal defamation is not the only<br />
law used to jail journalists in Asia. In<br />
Burma, popular comedian Zarganar was<br />
sentenced to 45 years for violating the<br />
Electronics Act by videotaping cyclone<br />
damage and criticizing the ruling military<br />
junta’s lacklustre relief efforts. Three<br />
other journalists were sentenced to bet -<br />
ween 15 and 29 years under the Elec -<br />
tronics Act for their involvement in helping<br />
cyclone survivors. A blogger, Nay<br />
Phone Latt, was sentenced to 20 years in<br />
prison for posting a poem criticizing the<br />
country’s ruling general.<br />
The Vietnamese government’s crackdown<br />
on free speech resulted in the ar -<br />
rest of at least 10 journalists, five of<br />
whom are now serving prison terms on<br />
charges of abuse of power, tax evasion<br />
and terrorism.<br />
Licensing requirements for newspapers,<br />
a practice IPI has repeatedly condemned,<br />
have been used by the authorities<br />
in Malaysia to censor critical voices.<br />
In April, the Tamil-language newspaper<br />
Makkal Osai, known for its criticism of<br />
one of the ruling parties, received a letter<br />
from the Ministry of Home Affairs stating<br />
that its application for a new permit<br />
had been denied.<br />
Governments of the Central Asian<br />
re publics also strictly control the allocation<br />
of broadcasting and, in some<br />
cases, newspaper licenses. State control<br />
over printing and distribution facilities<br />
represents a fur ther obstacle press freedom<br />
in this re gion, where physical at -<br />
A Tibetan motorcyclist rides past closed shops with a banner demanding media freedom<br />
in Tibet, in Dharmsala, India, Sunday, March 23, 2008. (AP Photo/Ashwini Bhatia)<br />
tacks and imprisonment of journalists<br />
are not uncommon.<br />
Conflicts along political, ethnic and<br />
religious lines in South Asia have become<br />
the greatest threats to journalists in the<br />
region. Of the 26 journalists who lost<br />
their lives in the line of duty in Asia in<br />
2008, 17 were killed in Afghanistan,<br />
Pakistan, India, Nepal and Sri Lanka.<br />
Of the 26 journalists who<br />
lost their lives in the line<br />
of duty in Asia in 2008,<br />
17 were killed in Afghan -<br />
istan, Pakistan, India,<br />
Nepal and Sri Lanka<br />
Investigative journalists are also in the<br />
line of fire. Four of the journalists killed<br />
in the Philippines in 2008, as well as two<br />
of the three journalists killed in Thai -<br />
land, one in Cambodian and three in<br />
South Asia, were known for their reports<br />
on corruption.<br />
Asian authorities have often expressed<br />
the need to control the Internet – a growing<br />
source of independent information.<br />
In an amusing stab at unfettered media<br />
access, Chinese authorities use “Jing” and<br />
“Cha” – two cartoon police officers that<br />
regularly pop up on Internet users’<br />
screens warning them of illegal content.<br />
Illegal content includes anything deemed<br />
as subversive or promoting superstition.<br />
Efforts to censor website content and<br />
force registration of Internet users have be -<br />
come more routine in China, Singa pore,<br />
Vietnam, Malaysia, Burma and the Cen -<br />
tral Asian republics. However, this year’s<br />
announcement by the government in<br />
South Korea that it would consider new<br />
laws to control the spread of false information<br />
on the Internet came as discouraging<br />
news for a nation that has become one<br />
of the region’s steadiest de mocracies.<br />
Under the Korean proposal, all users of<br />
cyber-forums and chat rooms would be<br />
required to register using their real names.<br />
7
E R<br />
RIA<br />
ja<br />
Death by Numbers Asia Deadliest Region for Journalists in 2008<br />
BELARUS<br />
CZECH REP. U K R A I N E<br />
SLOVAKIA<br />
LIECH.<br />
MOLDOVA<br />
AUSTRIA<br />
Lake Balkhash<br />
HUNGARY<br />
ROMANIA<br />
Sea of<br />
Azov<br />
Aral<br />
SAN<br />
Sea<br />
MARINO<br />
SERBIA<br />
ITALY<br />
Black Sea<br />
GEORGIA<br />
Caspian<br />
MONT. Sea<br />
ALB.<br />
ARMENIA AZERBAIJAN<br />
Indian<br />
1972<br />
claim<br />
Line of Control<br />
UNISIA<br />
SYRIA<br />
CYPRUS<br />
Line of<br />
Mediterranean Sea<br />
IRAQ<br />
Actual<br />
LEBANON<br />
AFGHANISTAN<br />
Control<br />
I R A N<br />
Persian<br />
Gulf<br />
Gulf of Oman<br />
Red<br />
Sea<br />
PAKISTAN<br />
BAN<br />
KOS.<br />
Hamburg<br />
Samara<br />
Barnaul<br />
Berlin Warsaw<br />
Lódz Homyel<br />
Voronezh Saratov<br />
Orenburg<br />
ne<br />
Astana<br />
POLAND<br />
RMANY Prague<br />
Kyiv<br />
Kraków<br />
Qaraghandy<br />
L'viv<br />
rankfurt<br />
(Karaganda)<br />
ourg<br />
Kharkiv Volgograd<br />
unich Vienna Bratislava<br />
Donets'k<br />
K A Z A K H S T A N<br />
Budapest Chisinau<br />
Rostov<br />
Atyraü<br />
n<br />
SLOVENIA<br />
Odesa<br />
Astrakhan'<br />
Ljubljana<br />
Milan<br />
CROATIA<br />
n Zagreb Belgrade<br />
BOS. & Bucharest<br />
oa<br />
HER.<br />
Aqtaü<br />
Ürümqi<br />
Sarajevo<br />
(Aktau)<br />
Almaty<br />
Pristina Sofia<br />
VATICAN Podgorica<br />
BULGARIA<br />
Shymkent<br />
CITY<br />
Tbilisi<br />
Bishkek<br />
Rome Tirana<br />
Skopje<br />
Istanbul<br />
Tashkent KYRGYZSTAN<br />
MACEDONIA<br />
Naples<br />
Ankara<br />
UZBEKISTAN<br />
Bursa<br />
Yerevan<br />
Baku<br />
Kashi<br />
(IT.)<br />
GREECE . T U R K E Y<br />
TURKMENISTAN<br />
Palermo<br />
Izmir<br />
Dushanbe<br />
Konya<br />
Ashgabat<br />
Athens<br />
TAJIKISTAN<br />
Adana Gaziantep<br />
Tabriz ¯<br />
(IT.)<br />
Mosul<br />
Mashhad<br />
unis MALTA Valletta<br />
Aleppo<br />
Tehran<br />
Nicosia<br />
Arbil<br />
Qom<br />
Herāt Kabul<br />
(GR.)<br />
Beirut<br />
Peshāwar<br />
Damascus<br />
Kermanshah<br />
Tripoli<br />
Es¸fahān<br />
Tel Aviv-Yafo<br />
Baghdad<br />
Islamabad<br />
Banghāzī<br />
ISRAEL<br />
Kandahār<br />
Alexandria<br />
Jerusalem Amman<br />
Ahvāz<br />
Lahore<br />
Faisalābād<br />
Cairo JORDAN<br />
Al Bas¸rah<br />
Quetta Multān Ludhiāna<br />
L I B Y A<br />
Al Jizah ¯<br />
E G Y P T<br />
Aswān<br />
KUWAIT<br />
Kuwait<br />
Shirāz ¯ Zāhedān<br />
SAUDI BAHRAIN<br />
OMAN<br />
Manama Abu<br />
Medina Riyadh Doha Dhabi<br />
QATAR UNITED ARAB Muscat<br />
EMIRATES<br />
ARABIA<br />
Jiddah<br />
Mecca<br />
OMAN<br />
Hyderābād<br />
Karāchi<br />
New<br />
Delhi<br />
NEPAL<br />
Āgra Kathmandu<br />
Jaipur<br />
Kānpur<br />
Lucknow<br />
Patna<br />
Ahmadābād Bhopāl<br />
Jamshedpur<br />
Indore<br />
Ko<br />
Sūrat<br />
Nāgpur<br />
.<br />
Sardinia<br />
Sicily<br />
Crete<br />
no<br />
CAMEROON<br />
Douala<br />
CHAD<br />
N'Djamena<br />
CENTRAL<br />
AFRICAN REPUBLIC<br />
Bangui<br />
Afghanistan (2)<br />
Abdul Samad Rohani,<br />
8 June<br />
Carsten Thomassen,<br />
14 January<br />
Omdurman<br />
Khartoum<br />
S U D A N<br />
Nyala<br />
Lake<br />
Nyasa<br />
ERITREA<br />
Asmara<br />
Pakistan (6)<br />
Addis<br />
Ababa<br />
ETHIOPIA<br />
M i<br />
Abdul Razzak Johra,<br />
3 November<br />
Abdul Aziz Shaheen,<br />
29 August<br />
Mohammed Ibrahim Khan,<br />
22 May<br />
Khadim Hussain Shaikh,<br />
14 April<br />
Siraj Uddin, 29 February<br />
Abdus Samad Chishti<br />
Mujahid, 9 February<br />
YEMEN<br />
Sanaa<br />
Aden<br />
Gulf of Aden<br />
DJIBOUTI<br />
Djibouti<br />
SOMALIA<br />
Glorioso Islands<br />
(F CE)<br />
Socotra<br />
(YEMEN)<br />
REP. OF<br />
UGANDA<br />
KENYA<br />
GABON THE<br />
CONGO RWANDA<br />
Lake<br />
Victoria<br />
BURUNDI<br />
ANGOLA<br />
Cabinda)<br />
Lake<br />
Tanganyika TANZANIA<br />
SEYCHELLES<br />
DEMOCRATIC<br />
Yaounde<br />
Libreville<br />
Kisangani Kampala<br />
Mogadishu<br />
Nairobi<br />
Kigali<br />
REPUBLIC<br />
Bujumbura<br />
Brazzaville<br />
-Noire OF THE CONGO<br />
Mombasa<br />
Kinshasa<br />
Mbuji-Mayi<br />
Dodoma<br />
Dar es Salaam<br />
Luanda<br />
Victoria<br />
8<br />
Lubumbashi<br />
Juba<br />
Port Sudan<br />
Kassala<br />
Hargeysa<br />
Nepal (2)<br />
Arabian<br />
Sea<br />
Jagat Prasad Joshi,<br />
28 November<br />
Pushkar Bahadur Shrestha,<br />
12 January<br />
Mumbai<br />
LAKSHADWEEP<br />
(INDIA)<br />
MALDIVES<br />
British Indian<br />
Ocean Territory<br />
(U.K.)<br />
Pune<br />
Calicut<br />
Laccadive<br />
Sea<br />
Sri Lanka (2)<br />
I N D I A<br />
Hyderābād<br />
Bengaluru<br />
Cochin<br />
Male<br />
Diego<br />
Garcia<br />
Vijayawāda<br />
Rashmi Mohamed,<br />
6 October<br />
Paranirupasingham<br />
Devakumar, 28 May<br />
Coimbatore<br />
Madurai<br />
Chennai<br />
Vishākh<br />
Colombo<br />
SRI<br />
LANKA
Lhasa<br />
BHUTAN<br />
Thimpu<br />
GLADESH<br />
Dhaka<br />
Khulna<br />
kata Chittagong<br />
apatnam<br />
Irkutsk<br />
Bay of<br />
Bengal<br />
M O N G O L I A<br />
NICOBAR<br />
ISLANDS<br />
(INDIA)<br />
C H I N A<br />
BURMA<br />
Rangoon<br />
Mandalay<br />
Nay Pyi<br />
Taw<br />
ANDAMAN<br />
ISLANDS<br />
(INDIA)<br />
Andaman<br />
Sea<br />
India (5)<br />
Ulaanbaatar<br />
Hanoi<br />
LAOS<br />
THAILAND<br />
Phnom<br />
Penh<br />
Gulf of<br />
Thailand<br />
Vikas Ranjan,<br />
25 November<br />
Jagjit Saikia,<br />
20 November<br />
Javed Ahmed Mir,<br />
13 August<br />
Mohammed Muslimuddin,<br />
1 April<br />
Ashok Sodhi,<br />
11 May<br />
Guangzhou<br />
Shantou<br />
Nanning<br />
Zhanjiang<br />
Haiphong<br />
Hong Kong<br />
Macau S.A.R.<br />
S.A.R.<br />
Gulf of<br />
Tonkin<br />
CAMBODIA<br />
VIETNAM<br />
Christmas Island<br />
South China<br />
Sea<br />
Bandar Seri<br />
Begawan<br />
Medan<br />
Kuala<br />
Lumpur<br />
BRUNEI<br />
Pekanbaru<br />
M A L A Y S I A<br />
Singapore<br />
SINGAPORE<br />
Padang<br />
Pontianak<br />
Samarinda<br />
Thailand (3)<br />
Taiwan<br />
Kao-hsiung<br />
Luzon<br />
Strait<br />
Jaruek Rangcharoen,<br />
27 September<br />
Chalee Boonsawat,<br />
21 August<br />
Athiwat Chaiyanurat,<br />
1 August<br />
Celebes Sea<br />
Okhotsk<br />
Baotou<br />
Lanzhou<br />
Beijing<br />
NORTH KOREA Sea of<br />
Datong<br />
Tianjin<br />
Pyongyang Japan<br />
Shijiazhuang<br />
Dalian<br />
Taiyuan<br />
Yantai Seoul<br />
Zibo<br />
SOUTH<br />
Jinan<br />
KOREA<br />
Qingdao Yellow<br />
Zhengzhou<br />
Pusan<br />
Nagoya<br />
Sea<br />
Hiroshima<br />
Ōsaka<br />
Xi'an<br />
Fukuoka<br />
Nanjing Nantong<br />
Chengdu<br />
Wuhan<br />
Hefei<br />
Hangzhou<br />
Shanghai<br />
Chongqing<br />
Changsha<br />
Ningbo<br />
Nanchang<br />
East China<br />
Sea<br />
Chiang<br />
Mai<br />
Chita<br />
Vientiane<br />
Bangkok<br />
Kunming<br />
Palembang<br />
Guiyang<br />
Da Nang<br />
Hainan<br />
Dao<br />
Ho Chi Minh<br />
City<br />
SPRATLY<br />
ISLANDS<br />
Changchun<br />
Harbin<br />
Fuzhou<br />
Jilin<br />
Shenyang<br />
Xiamen<br />
PARACEL<br />
ISLANDS<br />
Banjarmasin<br />
Philippine<br />
Sea<br />
PHILIPPINES<br />
Banda Sea<br />
Ti<br />
JAPAN<br />
I N D O N E S I A<br />
Tanjungkarang-<br />
Java Sea<br />
Telukbetung Jakarta<br />
Makassar<br />
Bandung<br />
Semarang Surabaya<br />
Malang<br />
Denpasar<br />
Taipei<br />
Khabarovsk<br />
Manila<br />
Zamboanga<br />
Vladivostok<br />
Okinawa<br />
U<br />
R Y<br />
K<br />
U<br />
Y<br />
Cebu<br />
Sakhalin<br />
S<br />
I<br />
D<br />
S<br />
N<br />
A<br />
L<br />
Dili<br />
( JAP AN )<br />
Davao<br />
TIMOR-LESTE<br />
Kupang<br />
Sapporo<br />
Tokyo<br />
(JAPAN)<br />
Melekeok<br />
Cambodia (1)<br />
Khim Sambo,<br />
11 July<br />
Yokohama<br />
N A M P O - S H O T O<br />
-<br />
-<br />
PALAU<br />
Arafura<br />
Sea<br />
Petropavlovsk-<br />
Kamchatskiy<br />
KURIL<br />
ISLANDS<br />
Occupied by the SOVIET UNION in 1945,<br />
administered by RUSSIA, claimed by JAPAN<br />
Northern<br />
Mariana<br />
Islands<br />
(U.S.)<br />
Jayapura<br />
Guam<br />
(U.S.)<br />
Saipan<br />
Hagåtña<br />
PAPUA<br />
NEW GUINEA<br />
Philippines (5)<br />
Leo Mila,<br />
2 December<br />
Aristeo Padrigao,<br />
17 November<br />
Dennis Cuesta,<br />
9 August<br />
Martin Roxas,<br />
7 August<br />
Benefredo Acabal,<br />
7 April<br />
N O R T H<br />
P A C I F I C<br />
O C E<br />
Marcus Island<br />
(JAPAN)<br />
U.S.<br />
Tropic<br />
FEDERATED STATES OF MICRONESIA<br />
Port<br />
Moresby<br />
A L E U T I A N I S L A N<br />
Palikir<br />
Equato<br />
SOLOM<br />
ISL<br />
Honiara<br />
9
10<br />
Afghanistan by Naomi Hunt<br />
It has been seven years since the U.S.led<br />
invasion of Afghanistan, but journalism<br />
remains a more perilous profession<br />
than ever before. Three journalists were<br />
killed this year, fewer than in 2007, but<br />
that was partly because at least two additional<br />
attempts on journalists’ lives failed.<br />
In a year where two men were sentenced<br />
to 20 years in prison for publishing<br />
a Dari-language (Persian) version of<br />
the Quran, it is clear that fundamentalist<br />
Islamists in the Afghan government have<br />
exerted increasing control over media<br />
content and culture.<br />
Over the last year, suicide bombings<br />
killed one reporter and injured another.<br />
A Norwegian reporter for the Oslo newspaper<br />
Dagbladet was one of six victims in<br />
a 15 January suicide squad attack on a<br />
luxury Kabul hotel. He was shot and died<br />
while undergoing surgery. <strong>On</strong> 29 April,<br />
Australian journalist Paul Rafael was<br />
injured along with 32 others when a suicide<br />
bomber attacked members of an<br />
opium eradication team close to the border<br />
with Pakistan. Photographer Steve<br />
Du pont escaped unharmed. The Taliban<br />
claimed responsibility for both attacks.<br />
U.S. forces released Jawed Ahmad, al -<br />
so known as Javed Yazamy, of Canadian<br />
Television, in September, after he was<br />
held at Bagram Air Base for nearly a year.<br />
In February, Pentagon officials claimed<br />
Ahmad was an “unlawful enemy combatant”<br />
but never revealed any proof. Ah -<br />
mad was never charged with any crime<br />
and was, in his own words, “tortured and<br />
jailed for 11 months and 20 days for<br />
doing nothing.”<br />
A Norwegian reporter<br />
for the Oslo newspaper<br />
Dagbladet was one of<br />
six victims in a 15 January<br />
suicide squad attack<br />
on a luxury Kabul hotel<br />
Afghanistan’s media law prohibits the<br />
publication of anything that harms the<br />
“national interest” or that is an “affront to<br />
Islam,” provisions often used to suppress<br />
expression. <strong>On</strong> 22 January, an Islamic<br />
court sentenced journalism student<br />
Sayed Parwez Kambakhsh to death for<br />
blasphemy, although the sentence was<br />
commuted this October to 20 years in<br />
prison following mounting international<br />
pressure.<br />
Kambakhsh was first arrested in Oc -<br />
tober 2007 for distributing allegedly anti-<br />
Islamic literature. He is the brother of<br />
prominent journalist Sayed Zaqub Ibra -<br />
himi, frequently under attack for criticizing<br />
local officials and warlords. Kam -<br />
bakhsh claims that he was tortured into<br />
signing a confession of apostasy (rejection<br />
of Islam). Also, the prosecution’s key<br />
witness admitted in court that officials<br />
had threatened to detain his family unless<br />
he made a statement against Kambakhsh.<br />
The Council of Ulemas and the information<br />
and culture ministry took steps<br />
to ban“un-Islamic” television shows. In<br />
March, the information ministry issued a<br />
statement condemning a programme on<br />
Tolo TV that showed men and women<br />
dancing together, which was allegedly<br />
“against the beliefs and traditions of Af -<br />
ghanistan’s Islamic society.” The next day,<br />
they ordered that three TV shows be re -<br />
moved from programming by 14 April.<br />
<strong>On</strong> 31 March, the lower house of parliament<br />
(Wolesi Jirga) adopted a resolution<br />
Afghan journalists hold a poster with a picture of the late Naqshbandi during a protest in front of the Afghan parliament in Kabul. (Reuters/Goran Tomasevic)
Afghans hold a demonstration against<br />
Perwiz Kambakhsh's death sentence<br />
in Kabul. (Reuters/Ahmad Masood)<br />
ordering that “sensual” images no longer<br />
appear in the media, adding that foreign<br />
dancers no longer be invited into the<br />
country.<br />
This move signals a distressing return<br />
to the repressive conditions under Tali -<br />
ban rule, and parallels Taliban decrees in<br />
areas where some of their number maintain<br />
authority today. In Mirali, located in<br />
Pakistan’s Tribal Area, vendors were or -<br />
dered on 12 March to stop selling two<br />
daily newspapers, Aaj Kal and Waqt, as<br />
they allegedly contained “un-Islamic and<br />
immoral photographs of women.”<br />
Taliban-era conceptions<br />
of gender roles incite frequent<br />
attacks on women<br />
who work alongside men<br />
The Taliban also killed BBC and Pajh -<br />
wok reporter Abdul Samad Rohani, who<br />
disappeared after his vehicle was stopped<br />
by armed men in Lashkar Gah. Rohani<br />
was found dead the next day, his body<br />
riddled with bullet holes and signs of torture.<br />
As head of the BBC’s Pashtu service<br />
in Helmand province, Rohani had repor -<br />
tedly received threats from a local chief<br />
who accused him of “boycotting” news<br />
put out by the Taliban.<br />
Taliban-era conceptions of gender ro -<br />
les incite frequent attacks on women who<br />
work alongside men. <strong>On</strong> 5 June, the family<br />
and friends of murdered journalist<br />
Zakia Zaki inaugurated a culture centre<br />
in her honour in Jabalussaraj. The foun -<br />
der of Sada-i-Sulh (Peace Radio) was shot<br />
to death in June 2007. Six suspects were<br />
detained and later released. Zaki’s family<br />
and colleagues believe that her killer is an<br />
influential local warlord. The failure to<br />
prosecute any suspects has been especially<br />
devastating for female journalists.<br />
<strong>On</strong> 6 and11 April, grenades were<br />
thrown into the home of Radio Faryad’s<br />
deputy editor-in-chief Khadija Ahadi.<br />
There were no casualties. Ahadi, whose<br />
talk show addresses social and political<br />
issues, says she was targeted for working<br />
with men. She has since quit her job. <strong>On</strong><br />
15 May, Nilofar Habibi, a presenter for<br />
Heart TV, was stabbed at home but survived.<br />
She subsequently left her post.<br />
Journalist Jameela Rishteen Qadiry, of<br />
Radio Free Europe/Radio Liberty, reported<br />
that she received numerous anonymous<br />
death threats over the telephone in June.<br />
In late September, the owner and chief<br />
editor of Radio Quyash, Rona Shirzai,<br />
received threats from Governer Abdul<br />
Haq Shafaq warning her that if she does<br />
not obey his orders, her station might be<br />
shut down and her life could be at risk.<br />
News sources report that Shafaq has as -<br />
signed a two-person team to monitor<br />
Shirzai’s station.<br />
The year ended with a spate of abductions<br />
by Taliban and other insurgent<br />
forces, although the journalists were all<br />
later released. Mellissa Fung, a Canadian<br />
Broadcasting Corporation journalist, was<br />
kidnapped outside Kabul on 12 October,<br />
Afghanistan in Brief:<br />
and held blindfolded in a cave for 28<br />
days. Her “fixer” and her driver, brothers<br />
Shokoor and Qaem Feroz, were detained<br />
by Afghan security forces after they re -<br />
ported Fung’s abduction, but were later<br />
also released.<br />
Dutch reporter Joanie de Rijke was<br />
also abducted near Kabul in November,<br />
while working on a story for a Belgian<br />
magazine. She was freed a week later. Da -<br />
wa Khan Menapal of Radio Free Europe/<br />
Radio Liberty and Aziz Popal, of a Kan -<br />
dahar television station, were abducted<br />
by Taliban forces on 26 November as they<br />
were driving toward Kandahar, and re -<br />
leased after three days.<br />
Recommendations<br />
Abandon use of religious legislation<br />
(punishing heresy, apostasy, insults<br />
to Islam or the Prophet, etc.) for<br />
repression of the press.<br />
Obtain a commitment from all parties<br />
to the conflict to respect the right of<br />
journalists to practice their profession.<br />
Protect and promote women journalists<br />
and their work.<br />
Population: 32.7 million<br />
Domestic Overview: Hamid Karzai, the country’s first democraticallyelected<br />
president, was inaugurated for a five-year term in December<br />
2004. The country’s National Assembly consists of the “Wolesi Jirga”<br />
(lower house) and the “Meshrano Jirga” (upper house), the latter of which<br />
is elected by provincial councils and reserved presidential appointments.<br />
It was inaugurated in December 2005.<br />
The elections followed the Taliban’s expulsion from power by U.S.-led<br />
NATO forces in 2001. The ultra-conservative, mainly Pashtun Taliban<br />
seized control of Kabul in 1996 after twenty years of armed conflict,<br />
first aiding in the fight against Soviet forces and later beating out other<br />
factions and warlords for control of the state.<br />
Today, lack of infrastructure and continual assaults by various groups of<br />
armed insurgents challenge the new government’s ability to rule beyond<br />
the borders of the capital. The Taliban are now regrouping and exercise<br />
control over some areas in the Pakistan-Afghanistan border region.<br />
Beyond Borders: Afghanistan’s diplomatic relations with the international<br />
community has grown since the fall of the Taliban. Its six neighbours have<br />
pledged to respect the country’s independence and territorial integrity,<br />
and it has sought increased economic cooperation with them.<br />
The government still relies heavily on international aid, including for<br />
purposes of providing social services to its citizens. Troublingly, Afghanistan<br />
is again the world’s largest exporter of opium and heroin.<br />
11
12<br />
Bangladesh by Barbara Trionfi<br />
Campaign posters hang above a street in Dhaka in the run-up to the landmark elections<br />
(Reuters/Andrew Biraj)<br />
Bangladesh in Brief:<br />
Population: 153 million<br />
Domestic Overview: Bangladesh gained independence from Pakistan<br />
in 1971. After 15 years of military rule, democracy was restored in 1990.<br />
Bangladesh has a parliamentary democracy based on universal suffrage.<br />
The 13th amendment (1996) of the constitution provides for the organisation<br />
of general elections by a non-partisan caretaker government.<br />
In January 2007, following weeks of turmoil ahead of parliamentary<br />
elections, the caretaker government postponed the election and declared<br />
a state of emergency, which was eventually lifted in December 2008.<br />
Beyond Borders: Bangladesh holds good relations with India, Pakistan,<br />
China and other South Asian counties, as well as Russia. Bangladesh<br />
has been very active within the United Nations and the South Asian<br />
Association for Regional Cooperation (SAARC).<br />
The lifting of the state of emergency in<br />
Bangladesh on 17 December, ahead<br />
of the 29 December national elections,<br />
marked a hopeful development in a country<br />
that had been ruled by a caretaker<br />
administration nominated to lead the<br />
country to elections. The elections themselves,<br />
originally scheduled for January<br />
2007, were repeatedly postponed after<br />
widespread violence in the run-up to elections<br />
that same month led to the enforcement<br />
of the emergency law.<br />
Sheik Hasina, head of the Awami Lea -<br />
gue party, assured an IPI delegation that<br />
visited Bangladesh in early De cember that<br />
she was committed to media freedom.<br />
However, even after his party’s electoral<br />
victory on 29 December, concerns remain<br />
that the restoration of the two-party system<br />
in Bangladesh might in crease the an -<br />
tagonism between the political parties and<br />
the Bangladeshi media that are greatly<br />
polarized along political lines.<br />
Journalists covering<br />
corruption remained<br />
at risk of harassment<br />
and even torture<br />
Journalists covering corruption re -<br />
mained at risk of harassment and even<br />
torture. In March, Rabiul Islam, a journalist<br />
for The Daily Sunshine, a Banglalanguage<br />
newspaper, was arrested, as saul -<br />
ted and dragged to a police station. He<br />
was detained for 12 hours and accused of<br />
participating in a robbery, but released<br />
after the victim denied the journalist was<br />
involved in the offence. Rabiul has repeatedly<br />
written about corruption and other<br />
transgressions by the police force. In a<br />
show of solidarity, throughout his detention,<br />
a fellow journalist who happened to<br />
be at the police station re mained there to<br />
ensure his colleague was not harmed. In<br />
addition, senior journalists contacted the<br />
station to inquire about Rabiul’s arrest.<br />
The trial of journalist Jahangir Alam<br />
Akash, charged with extortion, served as<br />
a reminder of the real threat of such mistreatment.<br />
Akash, who works for both a<br />
daily and a television channel, was arrested<br />
in late 2007 after being accused of ex -<br />
tortion. He was detained for four weeks,<br />
and allegedly tortured by the Rapid Ac -<br />
tion Battalion (RAB) and the local police<br />
during this time. In 2008, his trial caused<br />
concern, with the prosecution accused of
guiding its witnesses and Akash’s request<br />
for a hearing deferment denied, even<br />
though the journalist’s main defence<br />
coun sel was unavailable.<br />
Akash was not the only journalist to<br />
allege such mistreatment. A report relea -<br />
sed in 2008 by Odhikar, a human rights<br />
organization, concluded that Noor Ah -<br />
med, editor-in-chief of the Dainik Sylhet<br />
Protidin and secretary general of the Syl -<br />
het <strong>Press</strong> Club, was detained by members<br />
of the RAB in 2007, and tortured. Ac -<br />
cused of extortion, Noor Ahmed alleges<br />
that he was repeatedly beaten with a<br />
stick, and ultimately signed a statement<br />
he could no longer read. Noor Ahmed<br />
had been investigating both the RAB and<br />
a local police inspector regarding possible<br />
corruption.<br />
Bangladeshi editors joined together<br />
for a unified call for the release of imprisoned<br />
editor Mohammad Atiqullah Khan<br />
Masud in September. IPI’s Justice Denied<br />
Campaign calls attention to the fate of<br />
Atiqullah Khan, editor of the daily<br />
Janakantha, arrested without warrant in<br />
March 2007 under the Emergency Po -<br />
wers Rules. Atiqullah Khan, an outspoken<br />
advocate of press freedom, faces a<br />
plethora of charges. The editors’ appeal<br />
for his release, supported by editors of the<br />
country’s 14 national dailies, emphasised<br />
Atiqullah Khan’s deteriorating health and<br />
the destabilizing effect of his incarceration<br />
on his newspaper’s already precarious<br />
financial situation.<br />
Bangladesh’s media environment this<br />
year was also affected by legislative developments.<br />
A controversial counterterrorism<br />
ordinance was adopted by the military-backed<br />
interim government in June.<br />
It was criticized both for being approved<br />
without public hearings, and for containing<br />
provisions susceptible to abuse. For<br />
example, terrorist acts were so broadly<br />
de fined as to include mere property cri -<br />
mes. In addition, the law introduced cri -<br />
minal penalties for speech intended to<br />
“support or bolster” the activities of a<br />
banned organization, with no requirement<br />
that incitement of criminal conduct<br />
is demonstrated.<br />
The new Right to Information law<br />
provided at least partly positive news,<br />
though many considered it insufficient.<br />
The law, approved by the advisers to the<br />
interim administration in September,<br />
was published in the official Bangladesh<br />
Gazette on 20 October. It was lauded for<br />
Bangladesh Awami League President<br />
and former PM Sheik Hasina<br />
(Reuters/Andrew Biraj)<br />
applying broadly to all information held<br />
by all public bodies, but the press freedom<br />
organisation Article 19 noted several<br />
deficiencies. In particular, the organization<br />
voiced concern regarding the ma -<br />
ny available exemptions, with as many as<br />
20 instances permitting request denials,<br />
including cases of corruption. The law al -<br />
so failed to protect good-faith disclosures.<br />
Towards the end of the year, all attention<br />
focussed on the landmark elections<br />
held on 29 December. An IPI mission<br />
that travelled to Dhaka from 27 Novem -<br />
ber to 2 December elicited commitments<br />
to an open media environment during<br />
elections from the main political parties,<br />
the Interim Administration and the<br />
Election Commission. Furthermore, representatives<br />
of the political parties that<br />
met with the IPI mission pledged to<br />
investigate the killings of more than a<br />
dozen journalists.<br />
Recommendations<br />
End impunity in the crimes against<br />
journalists<br />
Bring Bangladeshi laws in line<br />
with international standards<br />
on press freedom<br />
Enact a broadcasting law including<br />
provisions supporting media freedom,<br />
as well as a suitable commitment<br />
to public service<br />
Mission<br />
<strong>Press</strong> Freedom in Bangladesh<br />
From 27 November to 2 December<br />
2008, IPI conducted a high-level<br />
mis sion to Dhaka, Bangladesh to assess<br />
the country’s media environment ahead<br />
of the 29 December National Elections,<br />
as well as to elicit commitments from the<br />
heads of the two main political parties to<br />
support the right of journalists to report<br />
on the general elections without harassment<br />
or interference.<br />
The mission included IPI Director<br />
David Dadge; Owais Aslam Ali, Sec re ta -<br />
ry General of the Pakistan <strong>Press</strong> Foun d -<br />
ation (PPF) and Chairman of Pakistan<br />
<strong>Press</strong> <strong>International</strong> (PPI), Karachi; and<br />
Padma Singh Karki, Chairman of the IPI<br />
Nepal National Committee and editor<br />
and publisher of the Gatibidhi Weekly in<br />
Kathmandu. Bulbul Monjurul Ahsan,<br />
Head of News and Current Affairs at<br />
ATN Bangla and Executive Director of<br />
Media Watch, Bangladesh, was the local<br />
coordinator for the mission.<br />
Perpetrators of crimes<br />
against journalists are<br />
gene rally not prosecuted<br />
and the authorities<br />
do not seem to take the<br />
cases seriously<br />
The members of the IPI mission met<br />
with journalists, editors and media owners<br />
as well as with the head of the Awami<br />
League, leaders of the Bangladesh Natio -<br />
n alist Party (BNP), the Chief Advisor to<br />
the Interim Government, the Directorate<br />
General of Forces Intelligence, the At -<br />
torney General, and the Chief Election<br />
Commissioner, among others.<br />
Meetings with Editors<br />
and Journalists<br />
<strong>On</strong>e of the main problems highlighted by<br />
journalists is that media outlets in Bang -<br />
ladesh are politically polarized, and tend<br />
to favour either the Awami League or the<br />
BNP, the two main political parties.<br />
Some journalists noted that they should<br />
attempt to bridge this divide by agreeing<br />
on best practices of journalism, rather<br />
than focussing on supporting particular<br />
political parties.<br />
Editors expressed concern about laws<br />
and practices that have a chilling effect<br />
on their ability to report on issues of public<br />
interest. Criminal defamation was spe -<br />
cifically mentioned as a problem.<br />
13
14<br />
Bangladesh's Prime Minister Sheikh Hasina meets with the IPI Mission: IPI Director David Dadge, PPF Secretary<br />
General Owais Aslam Ali, IPI Nepal National Committee Chairman Padma Singh Karki (left to right)”<br />
It was noted that journalists are often<br />
ensnared in legal cases and accused of<br />
extortion. It is widely believed that many<br />
of the cases are triggered by reports that<br />
offend politicians and the authorities.<br />
Impunity was identified as a major<br />
prob lem. Perpetrators of crimes against<br />
journalists are generally not prosecuted<br />
and the authorities do not seem to take<br />
the cases seriously. Particularly in rural<br />
areas, some journalists complained that<br />
they have been harassed, intimidated and<br />
even tortured by the Rapid Action Batal -<br />
lion (RAB), the elite anti-crime force<br />
consisting of members of the Army, the<br />
Navy, the Air Force and the Police.<br />
The need to promote investigative<br />
jour nalism was also highlighted. How -<br />
ever, the recently passed right to information<br />
law does not provide enough guarantees<br />
for accessing information of public<br />
interest.<br />
Meeting with Sheikh Hasina,<br />
Head of the Awami League<br />
Sheikh Hasina stressed her commitment<br />
to press freedom during the elections.<br />
Sheikh Hasina acknowledged that freedom<br />
of expression is necessary if journalists<br />
are to play a vital role in supporting<br />
democracy and secularism, and said that<br />
journalists in Bangladesh enjoy full freedom<br />
of expression. She recognized, however,<br />
that the murder of journalists is a<br />
problem that affects the whole society.<br />
She also said that the Awami League was<br />
prepared to review the cases of murdered<br />
journalists as well as the case of imprisoned<br />
journalist Atiqullah Khan.<br />
Finally, Sheikh Hasina also highlighted<br />
the importance of professional training<br />
for journalists.<br />
Meeting with representatives<br />
of the Bangladesh National Party<br />
(BNP)<br />
BNP representatives also expressed concern<br />
about the media’s ability to report on<br />
the elections, given the Election Com -<br />
mission’s efforts to ensure that the commission<br />
is the only body allowed to re port<br />
the results after they are communicated<br />
by the returning officers in the districts.<br />
BNP representatives condemned the<br />
use of torture by the army. They also<br />
noted that they want “all murders to be<br />
properly investigated”, including those of<br />
journalists.<br />
Meeting with Dr. Fakhruddin<br />
Ahmad, Chief Advisor of the<br />
Interim Administration<br />
Responding to IPI’s concerns about the<br />
Emergency Power Rules (EPR), the Chief<br />
Adviser said that, while these include regulations<br />
that might affect the media,<br />
these laws have not been applied to limit<br />
media freedom. (This view was actually<br />
shared by some of the editors and journalists<br />
with whom the IPI delegation<br />
met). The Interim Administration has<br />
received no complaints from representatives<br />
of the media in this regard. He also<br />
indicated that the EPR will be lifted<br />
within a reasonable time.<br />
Meeting with Major General<br />
Golam Kader, Director General<br />
of the Directorate General<br />
of Forces Intelligence<br />
Addressing IPI’s concerns about attacks<br />
against journalists at the hands of the<br />
RAB and army, Major General Golam<br />
Kader responded that he could not vouch<br />
for the entire army, but stated that where<br />
cases of journalists tortured by the army<br />
have “surfaced”, the responsible individuals<br />
have been punished.<br />
Recommendations<br />
Based on its findings during the mission,<br />
IPI issued preliminary recommendations<br />
aimed at improving Bangladesh’s<br />
media environment. These called for:<br />
Investigating all attacks on journalists<br />
and continuing investigations into all<br />
cases of murdered journalists<br />
Ensuring all Bangladeshi laws meet<br />
international standards on press<br />
freedom and are in line with the<br />
spirit and intent of Article 39 of the<br />
Bangladeshi Constitution<br />
Enactment of a broadcasting law in<br />
line with international standards and<br />
containing provisions supporting freedom<br />
of the press, as well as a suitable<br />
commitment to public service<br />
The immediate release of imprisoned<br />
Janakantha editor and publisher<br />
Mohammad Atiqullah Khan Masud<br />
Allowing the media to report free of<br />
all attempts to influence this reporting<br />
Expressions of solidarity among the<br />
media in condemning press freedom<br />
violations.
Mohammad Atiqullah Khan Masud,<br />
editor and publisher of the national<br />
Bengali-language daily, Janakantha<br />
(“The People’s Voice”), was arrested on<br />
7 March 2007 without warrant under<br />
section 16 of Bangladesh’s Emergency<br />
Powers Rules 2007.<br />
Troops stormed Atiqullah Khan’s of -<br />
fice and, after arresting him, searched his<br />
office and his home. Two days later,<br />
police brought charges of “corruption”,<br />
“criminal activities”, and “tarnishing the<br />
image of the country” against him. Ati -<br />
qullah Khan, who requested but was de -<br />
nied bail, has been held in Dhaka Central<br />
Prison ever since.<br />
Atiqullah Khan was<br />
one of several journalists<br />
and editors who, in January<br />
2007, urged the newlyappointed<br />
interim government<br />
to take a clear stand<br />
in favour of press freedom<br />
and against censorship<br />
Atiqullah Khan was one of several<br />
jour nalists and editors who, in January<br />
2007, urged the newly-appointed interim<br />
government to take a clear stand in fa -<br />
vour of press freedom and against censorship.<br />
The daily Janakantha, one of Bang -<br />
ladesh’s leading newspapers, is known for<br />
its uncompromising stance on press freedom<br />
and has always tried to expose press<br />
freedom violations. During the past<br />
Justice Denied<br />
The Case of<br />
Mohammad Atiqullah<br />
Khan Masud<br />
Mohammad Atiqullah Khan Masud<br />
editor and publisher of the national daily Janakantha<br />
years, multiple physical attacks and other<br />
forms of harassment have been carried<br />
out against Janakantha’s journalists.<br />
As of October 2008, Atiqullah Khan<br />
has faced a litany of charges, and has been<br />
sentenced to a total of 48 years of imprisonment<br />
in six separate cases. Sentences of<br />
seven years were imposed on Atiqullah<br />
Khan on five separate occasions between<br />
March and May of 2008, all based on<br />
similar charges of fraud. In addition, on 3<br />
April, he was sentenced to 13 years in<br />
prison for amassing illegal wealth and<br />
hiding assets in his wealth statement submitted<br />
to the Anti-Corruption Commis -<br />
sion (ACC).<br />
<strong>On</strong> 19 September 2008, the editors of<br />
Bangladesh’s 14 national dailies issued a<br />
statement, widely reported on by the<br />
country’s media, calling for Atiqullah<br />
Khan’s release. In the meantime, dismal<br />
prison conditions have strongly affected<br />
his health, and he has been suffering<br />
from neurological problems, heart disease,<br />
intestinal disorder, kidney trouble,<br />
and eye problems. Atiqullah Khan is currently<br />
under treatment at Bangabandhu<br />
Sheikh Mujib Medical University Hospi -<br />
tal. His continued imprisonment has also<br />
put Janakantha in peril by further destabilising<br />
the newspaper’s already precarious<br />
financial situation.<br />
Timeline<br />
November 2008<br />
IPI launches campaign against<br />
imprisonment of Atiqullah Khan<br />
19 September 2008<br />
The editors of Bangladesh’s<br />
14 national dailies issue a<br />
statement calling for Atiqullah<br />
Khan’s release<br />
27 April, 14 May 2007<br />
In two different cases, Atiqullah<br />
Khan is sentenced to 14 years<br />
imprisonment based on fraud<br />
convictions<br />
3 April 2007<br />
Atiqullah Khan is sentenced<br />
to 13 years imprisonment for<br />
amassing illegal wealth and<br />
hiding assets in his wealth<br />
statement, which he had to<br />
submit to the Anti-Corruption<br />
Commission (ACC) from prison<br />
6, 9, 20 March 2007<br />
Atiqullah Khan is sentenced<br />
by the “Special Tribunal” to<br />
imprisonment of seven years<br />
each in three different cases<br />
involving charges of fraud<br />
7 March 2007<br />
Atiqullah Khan is arrested<br />
without warrant under Section<br />
16 of Bangla-desh’s Emergency<br />
Powers Rules 2007<br />
15
16<br />
Bhutan by Naomi Hunt<br />
People walk down a street beside a portrait of<br />
Wangchuck in Thimphu. (Reuters/Desmond Boylan)<br />
Bhutan in Brief<br />
Population: 682,000<br />
Domestic Overview: For centuries, Bhutan was culturally isolated by<br />
geographical chance and by choice. As a result, the tiny mountain country<br />
managed to preserve a thousand-year-old Tantric Buddhist tradition<br />
and a medieval social structure well into the Atomic Age.<br />
Bhutan has been united under the Wangchuck dynasty since 1885,<br />
and the monarchy is trusted and respected – Bhutan’s recent democratization<br />
was ordered by royal decree. King Jigme Singye Wangchuck<br />
created the guiding principle of “Gross National Happiness,” equating<br />
cultural protection with economic development.<br />
The King abdicated in favour of his son Jigme Khesar Namgyel Wang chuck<br />
in 2006. A draft constitution was published in 2005, and mock elections<br />
were held in 2007 so that the new electorate could practice voting.<br />
In the 1980s, thousands of ethnically Nepali Southern Bhutanese were<br />
harassed for practicing Hinduism and expressing their own culture.<br />
Ethnic violence erupted. Around 105,000 Southern Bhutanese have been<br />
living in UNHCR refugee camps in Nepal since that time, victims of one of<br />
the world’s most intractable and enduring refugee situations.<br />
Beyond Borders: As per the 1949 Treaty of Peace and Friendship, Bhutan’s<br />
foreign policy was “guided” by India until February 2007. Relations between<br />
the two nations remain close. Bhutan maintains friendly relations with the<br />
“Friends of Bhutan,” which include seven European countries and Japan,<br />
all of whom donate to social and development programmes. Bhutan is<br />
a member of the United Nations, but does not have diplomatic relations<br />
with any of the countries on the Security Council. Bhutan and Nepal are<br />
negotiating a solution to the refugee situation.<br />
Bhutan's King Jigme Khesar Namgyel Wangchuck walks with Prime Minister Thinley during<br />
his coronation ceremony in Thimphu. (Reuters/Desmond Boylan)<br />
In March, Bhutan held its first ever legislative<br />
elections. The Bhutan Har mo -<br />
ny Party swept to power with 44 of 47<br />
seats, and the country’s first constitution<br />
was adopted by the new parliament in<br />
July. Bhutan is now a democracy, or ra -<br />
ther, a constitutional monarchy. The king<br />
and the Je Khempo, the spiritual head of<br />
Bhutan, are retained as sacrosanct leaders<br />
and guiding lights in a Buddhist country.<br />
The new constitution guarantees Bhu -<br />
tanese citizens freedom of speech, opinion<br />
and expression (Article 7.2), freedom<br />
of the press, radio and television and<br />
other forms of electronic dissemination<br />
of information (7.4), and the right to<br />
information. These broad rights were<br />
welcomed by observers; however, they are<br />
mitigated by the stipulation that the State<br />
can restrict these rights by law under certain<br />
circumstances. These circumstances<br />
are equally broad, and include “the interests<br />
of the sovereignty, security, unity and<br />
integrity of Bhutan” and “the interests of<br />
peace, stability and well-being of the na -<br />
tion,” amongst others.<br />
This year, journalists reporting from<br />
refugee camps in Nepal reportedly re -<br />
ceived death threats from members of the<br />
Communist Party of Bhutan Marxist-<br />
Leninist-Maoist (CPB-MLM), which is
anned in Bhutan and also works from<br />
the Nepal camps. Members of the Bhu -<br />
tan News Service, which is run by the<br />
Association of <strong>Press</strong> Freedom Activists<br />
(APFA), a Bhutanese exile organisation,<br />
were accused of recording speeches and<br />
taking photographs at a CPB-MLM<br />
event. According to reports, reporters<br />
Ichha Poudel and Arjun Pradhan were<br />
threatened with death, expelled from the<br />
meeting, and followed home.<br />
The refugee situation<br />
is politically sensitive<br />
in Bhutan, and major<br />
media outlets tend to<br />
take a pro-government<br />
position on the issue<br />
The refugee situation is politically sensitive<br />
in Bhutan, and major media outlets<br />
reportedly tend to take a pro-government<br />
position on the issue. According to ob -<br />
servers, dissent and criticism are also pre -<br />
sent in the state-run and major media.<br />
However, the new constitution seems to<br />
encourage self-censorship, as the government<br />
is able to strip rights when it comes<br />
to matters of state “integrity.”<br />
Inside Bhutan, although media control<br />
remains tight, there have been positive<br />
signs that the press is beginning to<br />
diversify and strengthen. The first priva -<br />
tely-owned newspaper, the Bhutan Times,<br />
was launched in 2006, and followed<br />
shortly by the Bhutan Observer. The<br />
country’s first daily, Bhutan Today, hit the<br />
stands on 31 October. This year, the<br />
government, in conjunction with the<br />
Uni ted Nations Development Program -<br />
me (UNDP), ran a series of training sessions<br />
for journalists on the role of media<br />
in a free society and on how to cover<br />
women’s and children’s issues.<br />
Although media control<br />
remains tight, there have<br />
been positive signs that the<br />
press is beginning to diversify<br />
and strengthen<br />
Television, which only arrived in 1999<br />
(along with the Internet), can now be<br />
found in 28% of all households, over half<br />
of which have satellite access. After TV<br />
was introduced, the stations MTV and<br />
Fashion TV were removed, along with a<br />
channel called Ten Sports, which carries<br />
professional wrestling and was reportedly<br />
encouraging fighting among Bhutanese.<br />
<strong>On</strong>ly 3% of households own a computer,<br />
but access is generally unlimited, al -<br />
though, according to Freedom House,<br />
the Bhutan Times website was blocked for<br />
two months last year due to anti-government<br />
comments. Also according to Free -<br />
dom House, state-run broadcast media<br />
never carry opposition views, and access<br />
to cable television, which is uncensored,<br />
is limited by a high sales tax and other<br />
bureaucratic hurdles.<br />
This year, according to the press freedom<br />
blog, Media in Bhutan, private me -<br />
dia were denied access to a high-level<br />
meeting between Indian Prime Minister<br />
Dr. Manmohan Singh and the Bhutanese<br />
premier, Jigme Thinley. Reports say that<br />
while the state-run newspaper Kuensel<br />
and the state-run Bhutan Broadcasting<br />
Service (BBS) were permitted entry, along<br />
with a retinue of Indian journalists, re -<br />
porters from the private Bhutanese media<br />
were left out. The Bhutanese journalists<br />
reportedly issued a press release to the BBS<br />
and Kuensel about what had happen ed,<br />
but neither publication ran the story.<br />
In a state that has controlled, at every<br />
step, the modernization of Bhutanese so -<br />
ciety, it remains to be seen whether an<br />
unruly and outspoken press will be al low -<br />
ed to flourish. If so, Bhutan will be well<br />
on its way to achieving true democracy.<br />
Recommendations<br />
Remove laws that threaten free<br />
speech and the free press<br />
Stop censorship in all forms<br />
Train journalists in media account -<br />
ability and the role of media in<br />
democracies<br />
Burma (Myanmar)<br />
by Naomi Hunt<br />
A man stands beside a dead body found at a<br />
Cyclone Nargis-hit village in Bogalay. (Reuters)<br />
Increased censorship and repression<br />
spar ked by the failed Saffron Revo lu -<br />
tion of 2007 persisted into 2008 as the<br />
Burmese junta sought to avoid a repetition<br />
of the Buddist-led movement for<br />
greater freedom.<br />
Journalists Thet Zin and Sein Win<br />
Aung of the Myanmar Nation were arrested<br />
in February in connection with<br />
reporting they were doing on the government<br />
crackdown during the revolution.<br />
The ruling State Peace and Develop -<br />
ment Council (SPDC), headed by Gene -<br />
ral Than Shwe, called a 10 May referendum<br />
on a planned national constitution<br />
that human rights organisations derided<br />
as a sham, arguing that it would effectively<br />
entrench military control over Bur -<br />
mese government and society.<br />
Reporters Without Borders and the<br />
Burma Media Association reported that<br />
no Burmese media were allowed to publish<br />
dissenting views on the constitution.<br />
Instead, boilerplate articles drafted by<br />
officials were forced into state and private<br />
newspapers. Editors were also compelled<br />
to print pro-constitution campaign logos<br />
in prime advertising spots.<br />
Just days before the vote was scheduled,<br />
cyclone Nargis struck the Irrawaddy<br />
delta region, making international headlines<br />
and leaving tens of thousands dead<br />
17
18<br />
Protester from Burma holds portrait of democracy icon Aung as he takes part in peace march in New Delhi. (Reuters/Danish Ishmail)<br />
or missing. It was later reported that the<br />
Burmese authorities had received 48hour<br />
advance warning of the cyclone<br />
from Indian meteorologists, but didn’t<br />
transmit this information to residents.<br />
The disaster resulted in a near-total<br />
news blackout. Local reporters were al -<br />
lowed to travel to the affected regions, but<br />
could not publish photographs of dead<br />
bodies or recount that survivors were<br />
starving and not receiving aid. Pe op le carrying<br />
cameras were reportedly questioned,<br />
and their equipment occasionally confis-<br />
cated. Authorities refused entry to international<br />
aid organizations at the border, and<br />
foreign journalists also faced restrictions.<br />
The <strong>Press</strong> Scrutiny Board only permitted<br />
stories that dealt with government re -<br />
construction efforts, which were largely<br />
fictional. <strong>On</strong> 30 May, the Committee to<br />
Protect Journalists (CPJ) urged Prime<br />
Mi nis ter Thein Sein to open Burma to<br />
foreign journalists. Journalists were de -<br />
nied visas in the aftermath of the cyclone<br />
or de ported if they filed reports from the<br />
country.<br />
Major Tint Swe was replaced as chairman<br />
of the <strong>Press</strong> Scrutiny Board after<br />
permitting photos and descriptions of the<br />
disaster to be printed on the first day<br />
after the storm. Burmese journalists say<br />
his interim replacement, Major Kyaw Oo,<br />
exercised even tighter control on pub -<br />
lications, reportedly removing a full half<br />
of all domestic news items from every<br />
publication. As a result, circulation of<br />
Rangoon’s numerous papers plummeted.<br />
<strong>On</strong>e of the few ways that Burmese<br />
people access foreign news is through
satellite television, and Burmese must<br />
purchase a license to buy a satellite dish.<br />
After the 2007 demonstrations, authorities<br />
raised license fees to prohibitively<br />
expensive levels to restrict access. After<br />
the cyclone, stores selling satellite dishes<br />
were raided and searched, and shop owners<br />
were forced to pledge not to sell<br />
equipment to unlicensed customers. Of<br />
48 million Burmese, only around 60,000<br />
have satellite licenses.<br />
Several journalists, and even one pro -<br />
minent comedian, were arrested over the<br />
summer while trying to take food and<br />
other aid to the Irrawaddy delta, or after<br />
reporting on the plight or storm victims.<br />
Journalist Zaw Thet Htwe was arrested<br />
and detained without official explanation.<br />
Reporter Eint Khaing Oo of the<br />
weekly magazine Ecovision and colleague<br />
Kyaw Kyaw Thant were also arrested.<br />
The <strong>International</strong> <strong>Press</strong> <strong>Institute</strong> (IPI)<br />
issued a statement in June reminding “all<br />
governments of the importance and<br />
fragility of the right to report freely on<br />
both natural catastrophes and the un -<br />
comfortable realities that they sometimes<br />
reveal.”<br />
Burmese authorities continue to avoid<br />
close public scrutiny whenever possible,<br />
with hypersensitivity to negative press<br />
extending to fiction and poetry. In June,<br />
Htay Aung, editor of Cherry magazine,<br />
was forced to resign after publishing a<br />
poem that made reference to the town of<br />
Depayin, where the Nobel Peace Prizewinning<br />
opposition leader Aung San Suu<br />
Kyi was ambushed in 2003, as a place<br />
that “has also given birth to thugs.” His<br />
replacement will have to pass muster in<br />
front of the Censor Board before taking<br />
office.<br />
The <strong>Press</strong> Scrutiny Board<br />
only permitted stories that<br />
dealt with government re -<br />
construction efforts, which<br />
were largely fictional<br />
In a separate incident, Saw Wai, the<br />
author of a Valentine’s Day poem that<br />
formed the acrostic “General Than Shwe<br />
is power crazy,” was arrested.<br />
Two editors were taken into custody<br />
in July for possessing a copy of a human<br />
right report by the UN Special Rap -<br />
porteur and footage from the Saffron<br />
Revolution.<br />
In September former journalist and<br />
National League for Democracy (NLD)<br />
icon Win Tin was released after 19 years<br />
in prison. Authorities permitted a further<br />
9,000 detainees to be freed, including<br />
a handful of political prisoners,<br />
according to Reporters Without Borders<br />
and the Burma Media Association.<br />
IPI issued a statement in<br />
June reminding “all governments<br />
of the importance<br />
and fragility of the right to<br />
report freely on both<br />
natural catastrophes and the<br />
un comfortable realities that<br />
they sometimes reveal”<br />
Setbacks to free speech and democracy<br />
have come in equal measure. NLD<br />
leader Aung San Suu Kyi’s house detention<br />
was extended. She has spent 10 of<br />
the last 12 years under house arrest, and<br />
is not permitted to communicate with the<br />
outside world. Twenty NLD party mem -<br />
bers who marched peacefully to Aung<br />
San’s home in May to protest the proposed<br />
constitution were swiftly arrested.<br />
Journalist and NLD member Ohn<br />
Kyaing was arrested on 1 October. No<br />
reason for his arrest was given; however,<br />
an NLD spokesperson said Ohn was<br />
heavily involved in efforts to help cyclone<br />
Burma in Brief<br />
survivors. Ohn, 64, has already spent 15<br />
years in prison for writing “seditious<br />
pamphlets”; he was released in 2005.<br />
Websites of Burmese news agencies<br />
working in exile were also targeted – on<br />
the anniversary of the failed Saffron Re -<br />
volution, three were brought down temporarily<br />
by pro-military hackers.<br />
In November, the government handed<br />
out prison sentences to journalists jailed<br />
over their coverage of the Irrawaddy delta<br />
calamity, sparking an international outcry.<br />
The comedian known as Zarganar,<br />
who had given interviews on the tragedy<br />
and who organized private relief efforts,<br />
was sentenced to 45 years in jail. Jour -<br />
nalists Zaw Thet Htwe and Thant Zin<br />
Aung received 15 years each. Another<br />
journalist, Tin Maung Aye, received a 29year<br />
sentence as a result of his efforts to<br />
help cyclone survivors. Human Rights<br />
Watch described the jailings as “a cruel<br />
joke on the Burmese people.”<br />
Recommendations<br />
Enact legislation protecting press<br />
freedom and free speech.<br />
Stop using national security<br />
legislation to harass and imprison<br />
journalists and writers.<br />
Permit free travel within the country<br />
for foreign and local journalists.<br />
Population: 47.8 million<br />
Domestic Overview: Burma, ranked second-to-last in Transparency<br />
<strong>International</strong>’s Corruption Perceptions Index for 2008, is a dark spot<br />
for human rights. Although resource-rich, most major industries are<br />
controlled directly by the military junta.<br />
Opinions diverging from the authoritarian regime’s have been limited<br />
in the Burmese media since a 1962 coup d’etat, and almost entirely<br />
suppressed since the Rangoon riots in 1988 were violently crushed.<br />
The so-called Saffron Revolution of 2007 was a response to repression<br />
and poverty, kindled by high fuel prices. Led by Buddhist monks, citizens<br />
began peaceful demonstrations in Rangoon. Junta leaders reacted forcefully,<br />
and the burgeoning democratic movement was quickly suppressed<br />
by armed forces. Dozens were killed and thousands imprisoned.<br />
Beyond Borders: Burma is a member of ASEAN and a few other regional<br />
initiatives, although its poor human rights record is a point of contention.<br />
There are 150,000 Burmese living in refugee camps in Thailand, and over<br />
a million living outside the camps. Thailand and Burma maintain relatively<br />
good relations, while China is becoming Burma’s most important partner.<br />
19
20<br />
Cambodia by Nayana Jayarajan<br />
<strong>On</strong> 11 July, journalist Khim Sambo<br />
and his son, Khat Sarinpheata, were<br />
leaving the Olympic Stadium in central<br />
Phnom Penh, where they had been exercising.<br />
Sambo, a journalist with the<br />
Khmer-language newspaper Moneaksekar<br />
Khmer (Khmer Conscience), was shot twice<br />
in the back by a man riding a motorcycle.<br />
His son was shot a few minutes later as he<br />
cradled his dying father. Sambo died at<br />
the scene of the crime. His son died in<br />
hospital the following day.<br />
The investigation into their deaths has<br />
stretched over months, with police in<br />
Cambodia still maintaining they have no<br />
suspects. Meanwhile, allegations that<br />
Cam bodia’s chief of police is tied to the<br />
murders continue to grow. An article in<br />
the South China Morning Post refers to an<br />
article written by Sambo days before his<br />
murder, regarding losses run up by the<br />
police chief, Hok Lundy, at a casino near<br />
the Vietnamese border. It also quotes an<br />
independent investigator who suggests<br />
that the fact that the killers did not cover<br />
their faces during the attack indicates<br />
that they had no fear of reprisal. FBI<br />
investigators who were assisting Cambo -<br />
dian police in their inquiries left the<br />
country a few days after the South China<br />
Morning Post article was published, and<br />
have not made their findings public.<br />
Even though Khim Sambo wrote<br />
under a pseudonym and did not name<br />
the official involved in his article, journalists<br />
and civil society organisations in<br />
Cambodia fear that his opposition to the<br />
Cambodia’s Prime Minister Hun Sen gestures as the media try to ask him questions after he<br />
cast his ballot at a polling station during general elections in Takmoa town in Kandal<br />
province on the outskirts of Phnom Penh 27 July, 2008. (Reuters/Chor Sokunthea)<br />
ruling CPP party (Moneaksekar Khmer is<br />
allied to the opposition party, the SRP),<br />
and his critical articles may have been the<br />
reason for his killing. A month before<br />
Sambo’s murder, military police arrested<br />
the editor of Moneaksekar Khmer, Dam<br />
Sith, who also ran as an SRP candidate in<br />
the general elections in July, after the<br />
paper reported on allegations about the<br />
current foreign minister’s role during the<br />
Khmer Rouge regime. Although Sith was<br />
released after several days in detention<br />
and the foreign minister dropped his lawsuit<br />
against the editor, criminal charges of<br />
defamation and disinformation are still<br />
pending against Sith.<br />
The Cambodian government recently<br />
abolished prison sentences for defamation<br />
and libel, penalties that were once<br />
used to harass journalists. But disinformation<br />
convictions still carry three-year<br />
jail terms.<br />
Sith’s arrest came only days after the<br />
Ministry of Information ordered the closing<br />
of a provincial radio station, Angkor<br />
Ratha FM105.25, shortly after it leased<br />
air time to four political parties, but not<br />
the governing CPP.<br />
The murder of Khim Sambo and the<br />
other incidents of media intimidation<br />
took place in the months leading up to<br />
the general elections. The Cambodian<br />
As sociation for the Protection of Jour na -<br />
lists (CAPJ) said the attacks were timed<br />
to create a “climate of fear” among journalists<br />
and opposition members prior to<br />
the election.<br />
The attacks were timed<br />
to create a “climate of fear”<br />
among journalists and<br />
opposition members prior<br />
to the election<br />
The ruling party and its leader, Hun<br />
Sun, have been in control of Cambodia<br />
since 1997. Almost exclusive control over<br />
the state infrastructure and over the<br />
broadcast media ensured that the CPP<br />
would once again hold on to its majority<br />
in the 2008 elections. While it was widely<br />
expected that the CPP would retain<br />
control of the government, and levels of<br />
violence in this election were considerably<br />
lower than in previous years, the EU<br />
observer mission during the election nevertheless<br />
pointed out that thousands of<br />
voters were disenfranchised, and accused<br />
the ruling party of resorting to political<br />
intimidation. The freedom of the press<br />
was one of the first civil liberties to suffer<br />
in the hostile political climate that led up<br />
to the elections. The 11 political parties<br />
were not granted equal access to the<br />
media, with most of the electronic media<br />
outlets in Cambodia controlled by the<br />
CPP or other ruling forces. <strong>On</strong> 10 July,<br />
the National Election Commission<br />
(NEC) issued a warning to 13 television<br />
and radio stations for broadcasting biased<br />
coverage of the elections. Ten of those<br />
stations were dominated by pro-CPP<br />
coverage, according to the NEC.<br />
<strong>On</strong> April 29, Meas Asi, a reporter for<br />
Panhavorn Khmer (Khmer Intellectual),<br />
based in Koh Kong province, was allegedly<br />
stopped by police and beaten uncon-
A Cambodian boy listens to the radio after his family fled their home to take refuge in the disputed Preah Vihear temple. (Reuters/Chor Sokunthea)<br />
scious before being taken to Koh Kong<br />
prison. According to the Cambodian As -<br />
sociation for the Protection of Journal -<br />
ists, the assault may have been related to<br />
investigations carried out by Asi into a<br />
land dispute between 75 families in a village<br />
and a wealthy land owner. Asi’s wife,<br />
Sles Mass, was not allowed to visit her<br />
detained husband in prison.<br />
Freedom of the press<br />
was one of the first civil<br />
liberties to suffer in the<br />
hostile political climate that<br />
led up to the elections<br />
According to the <strong>International</strong> Fede -<br />
ration of Journalists (IFJ), land disputes<br />
and forced evictions are common in<br />
Cam bodia, and often accompanied by<br />
violence. The authorities often attempt<br />
to restrain the media from reporting on<br />
these evictions.<br />
Cambodia has been ranked the third<br />
most corrupt country in South East Asia,<br />
with millions of dollars of foreign aid<br />
never reaching the people for whom it<br />
was intended. Official interference in all<br />
aspects of civil society, and a thriving culture<br />
of impunity, continue to hinder<br />
Cambodia’s progress towards developing<br />
a free press.<br />
Cambodia in Brief<br />
Recommendations<br />
Bring to justice perpetrators<br />
of crimes against journalists<br />
Restrict government interference<br />
in the media<br />
Decriminalize defamation and<br />
disinformation<br />
Population: 14.2 million<br />
Domestic Overview: Following the brutality of the Khmer Rouge regime<br />
in the 1970s and 1980s, Cambodia has struggled to regain some political<br />
stability. In recent years, reconstruction efforts have progressed and some<br />
political stability has finally returned to Cambodia. This new-found stability<br />
was shaken in 1997 by a coup d’état, but has otherwise largely been<br />
sustained. Cambodia is reputed to be one of the countries with the<br />
highest rates of corruption in the region, which has contributed to a<br />
widening economic disparity.<br />
Beyond Borders: The Cambodian government is working with bilateral and<br />
multilateral donors, including the World Bank and the IMF, to address the<br />
country’s many pressing needs. Cambodia and Thailand dispute boundary<br />
sections with missing boundary makers and claims of Thai encroachments<br />
into Cambodian territory. The maritime boundary with Vietnam is hampered<br />
by an unresolved dispute over sovereignty of offshore islands.<br />
21
22<br />
People’s Republic of China by Barbara Trionfi<br />
Security forces detain a journalist after they caught him filming the scene where a bomb<br />
attack took place. (Reuters/Nir Elias)<br />
China was a magnet for journalists<br />
who were drawn to cover the Beijing<br />
Olympics, widespread protests against<br />
Chinese rule of Tibet, scandals over dod -<br />
gy foods and goods sold by Chinese companies,<br />
and the earthquake that hit the<br />
Sichuan province killing almost 70,000<br />
people.<br />
But covering the events wasn’t an easy<br />
job. The government imposed restrictions<br />
on the media to prevent reporting that<br />
could harm the golden image the government<br />
was trying to portray for the summer<br />
Olympics. Even after the Games en -<br />
d ed in a blaze of glory and widespread<br />
praise, Chinese journalists were pressured<br />
to refrain from reporting about the<br />
impact of another major story of the year<br />
– the global financial contagion. Journal -<br />
ists who defied the rules faced arrest,<br />
detention, harassment, and other forms<br />
of intimidation.<br />
Under pressure from the <strong>International</strong><br />
Olympic Committee (IOC) and the in -<br />
ternational community, China had adop -<br />
ted regulations granting foreign journalists<br />
freedom of movement and freedom<br />
to interview whomever they wanted.<br />
These regulations were followed, however,<br />
by a spate of attacks against foreign<br />
journalists (338 cases between 1 January<br />
2007 and the end of 2008, according to<br />
the Foreign Correspondents Club of<br />
China, or FCCC); and restrictions on<br />
Chinese citizens from having contact<br />
with foreign journalists. Families of Chi -<br />
n ese human rights victims were forbidden<br />
to talk to media.<br />
The government imposed<br />
restrictions on the media<br />
to prevent reporting that<br />
could harm the golden<br />
image the government was<br />
trying to portray for the<br />
summer Olympics<br />
The FCCC reported that at least 10<br />
foreign journalists received anonymous<br />
death threats “during a campaign on the<br />
web and in state-run media, against a l -<br />
leged bias in Western media coverage of<br />
the Tibetan unrest and its aftermath.”<br />
If the situation for foreign journalists<br />
was bleak, Chinese journalists encountered<br />
far greater challenges. Among other<br />
things, they faced detention and other<br />
forms of officially sanctioned retaliation<br />
for such things as reporting on the devastation<br />
following the earthquake.<br />
In China, “to be a good journalist, one<br />
does not only need wisdom but needs moral<br />
courage even more,” said Li Chong -<br />
qing, who spent three years in prison for<br />
reporting on an outbreak of dengue fever<br />
before the authorities announced it. He<br />
received an award for his work from the<br />
World Association of Newspapers for his<br />
work.<br />
In a year in which China had promised<br />
to respect freedom of expression, at<br />
least 17 journalists and writers were de -<br />
tained, jailed, or charged with crimes<br />
such as “inciting subversion” in connection<br />
with their work.<br />
Among those jailed was Huang Qi,<br />
founder of the website www.64tianwang<br />
.com. Huang was charged on 16 June<br />
with illegally obtaining state secrets after<br />
he published articles critical of the government’s<br />
response to the devastating<br />
Sichuan earthquake. In 2000, Huang was<br />
imprisoned for five years under subversion<br />
charges in connection with other<br />
articles published on line. He later said<br />
he was severely beaten during his time in<br />
prison.<br />
<strong>On</strong> 9 June, Zheng Hongling, a former<br />
university professor who wrote articles<br />
published on Huang’s site, was arrested<br />
and charged with “divulging information<br />
abroad”.<br />
Another prominent writer and acti v -<br />
ist, Hu Jia, was sentenced to three and a<br />
half years in prison on 3 April on charges<br />
of “inciting subversion of state power.”<br />
Hu, known for his writings about the<br />
Chinese democracy movement, and as<br />
environmental and HIV/AIDS activist,<br />
had criticised restrictions imposed before<br />
the Olympics in articles published on<br />
Boxun.com and other websites. His wife,<br />
who is also a human rights activist, and<br />
child were placed under house arrest in<br />
Beijing.<br />
China Legal News journalist Qi Chonghuai<br />
and freelancer He Yanjie received<br />
prison sentences in May of four and two<br />
years, respectively, for publishing photographs<br />
of a luxurious Tengzhou government<br />
building on the Xinhuanet website,<br />
alleging official corruption in the Teng -<br />
zhou branch of the Communist Party.<br />
Qi is known for his news reports on corruption<br />
and social injustice and had<br />
received several warnings about his<br />
reporting prior to his arrest in 2007<br />
Another rights activist and contributor<br />
to the Boxun.com website, Sun Lin, was
condemned on 26 June to four years in<br />
prison for “disturbing the social order.”<br />
Sun and his wife He Fang had been arrested<br />
in May 2007. According to Bo xun<br />
.com, Sun had been warned to stop repor -<br />
ting for Boxun.com. His wife re ceived a<br />
suspended sentence in a June trial.<br />
Chinese authorities barred<br />
foreign journalists from<br />
covering the unrest in Tibet<br />
Protests in Tibet that began in March<br />
to mark the anniversary of the failed<br />
1959 uprising against Chinese rule also<br />
brought retribution from the authorities.<br />
Paljor Norbu, 81, was sentenced to<br />
seven years in prison in November for<br />
printing the Tibetan flag and other prohibited<br />
material, according to Human<br />
Rights Watch. Details of the sentence<br />
were sketchy and the traditional printer’s<br />
family were not told of his whereabouts.<br />
Tibetan filmmaker Dhondup Wang -<br />
chen and cameraman Jigme Gyatso were<br />
detained in March after making a documentary<br />
about Tibet. The film, “Leaving<br />
Fear Behind,” includes interviews with<br />
Tibetan people on sensitive issues such as<br />
the Dalai Lama, the Beijing Olympic<br />
Games and Chinese rule over Tibet. The<br />
two sent their film abroad before being<br />
detained.<br />
Tibetan writer, singer and television<br />
presenter Rangjung was detained on 11<br />
September without charges. It is believed<br />
that his detention is in connection with<br />
his pro-Tibetan views expressed on his<br />
blog.<br />
Chinese authorities barred foreign<br />
journalists from covering the unrest in<br />
Tibet. Following international condemnation<br />
of the limits on foreign reporting,<br />
the Chinese government organised trips<br />
to the administrative capital of Lhasa for<br />
foreign correspondents. However, journalists<br />
who joined these trips were closely<br />
controlled. <strong>International</strong> radio stations<br />
broadcasting to Tibet were jammed and<br />
the Chinese authorities stepped up the<br />
censorship of incoming and outgoing<br />
Internet traffic.<br />
<strong>On</strong> 16 March, police prevented journalists<br />
with the US television network<br />
ABC from filming in a Tibetan district.<br />
Two days earlier, the American documentary<br />
filmmaker Spence Palermo was held<br />
in his hotel room to prevent him from<br />
A newspaper vendor sorts dailies featuring<br />
U.S. President-elect Barack Obama on<br />
their front pages at as news stand in<br />
Beijing, China, Thursday, Nov. 6, 2008.<br />
(AP Photo/Elizabeth Dalziel)<br />
seeing Tibetan protests, according to<br />
Reporters Without Borders (RSF). Jour -<br />
nalists were also barred from freely covering<br />
a small demonstration by Tibetan<br />
students held at Beijing University on 17<br />
March. Dozens of the demonstrators were<br />
arrested.<br />
Chastened by international criticism,<br />
Chinese authorities eased restrictions on<br />
foreign journalists covering the Olympics<br />
and on 17 October announced that the<br />
greater freedom granted ahead of the<br />
summer athletic events would continue.<br />
In practice, however, both foreign and do -<br />
mestic journalists continue to face steep<br />
hurdles – sometimes at their own peril.<br />
P.R. China in Brief<br />
Population: 1.3 billion<br />
Recommendations<br />
Release jailed journalists, cyber dissidents<br />
and other citizens imprisoned<br />
for distributing information or<br />
expressing their opinion.<br />
Bring Chinese laws and administrative<br />
practices in line with Article 35<br />
of the constitution, which states that<br />
“Citizens of the People’s Republic<br />
of China enjoy freedom of speech, of<br />
the press, of assembly, of association,<br />
of procession and of demonstration.”<br />
Respect journalists’ freedom to<br />
report on natural catastrophes and<br />
their aftermath as expressed in the<br />
resolution adopted by the 57th<br />
IPI General Assembly in Belgrade,<br />
Serbia, on 16 June 2008.<br />
Domestic Overview: China is a single-party socialist republic. Economic<br />
reforms called Socialism with Chinese Characteristics were started in<br />
1978 by pragmatists within the Communist Party led by Deng Xiaoping.<br />
These reforms eventually turned China into a global economic power<br />
and brought poverty down from 53% of the population in the Mao era<br />
to 12% in 1981 and only 6% of the population by 2001, according to the<br />
World Bank.<br />
Beyond Borders: China has worked hard to burnish its international relations<br />
and image since the Tiananmen Square crackdown in 1989. Its economic<br />
power makes it an indispensable partner despite its human rights policies,<br />
while its economic influence is expanding rapidly in Africa and Latin America.<br />
23
24<br />
Hong Kong by Barbara Trionfi<br />
Hong Kong skyline, seen from the Peak tourist spot (Reuters/Victor Fraile)<br />
While the media in Hong Kong en -<br />
joy far greater freedom than in the<br />
rest of China, concerns were raised this<br />
year about the negative effects of Chinese<br />
nationalism on media freedom in Hong<br />
Kong and the fact that Hong Kong’s<br />
journalists have not been able to benefit<br />
from the freedoms granted by the Chi -<br />
nese government to foreign journalists<br />
ahead of the Beijing Olympics.<br />
Furthermore, discussions about the<br />
in dependence of Hong Kong’s radio li -<br />
censing system and the creation of a truly<br />
public service broadcaster also highlighted<br />
the constraints on media freedom in<br />
Hong Kong.<br />
Beijing failed to<br />
extend to Hong Kong’s<br />
journalists the greater<br />
freedom to cover news in<br />
mainland China granted<br />
to foreign journalists<br />
Beijing’s failure to extend to Hong<br />
Kong’s journalists the greater freedom to<br />
cover news in mainland China that is<br />
granted to foreign journalists under the<br />
“Regulations Concerning Foreign Jour -<br />
nalists and Permanent Offices of Foreign<br />
News Agencies” represented a setback to<br />
the media’s ability to report freely. This,<br />
together with the recent three-year detention<br />
in China of journalist Ching Che -<br />
ong of Hong Kong’s The Straits Times<br />
newspaper and episodes of harassment<br />
and censorship of Hong Kong journalists<br />
either reporting on the mainland’s events<br />
or criticising its politics, caused an in -<br />
crease in self-censorship among Hong<br />
Kong media outlets.<br />
The Hong Kong Journalists Associa -<br />
tion (HKJA) has registered a “growing<br />
reluctance on the part of many media<br />
outlets to tackle issues that are sensitive<br />
to the government in Beijing. These in -<br />
clude matters of national security, including<br />
dissident and separatist activities, as<br />
well as human rights issues, corruption<br />
and illegal land grabs.”<br />
The last minute decision taken at an<br />
extraordinary meeting of the editorial<br />
board of the Hong Kong Lawyer magazine<br />
not to publish an article, which its editor<br />
had commissioned for the magazine’s<br />
May edition, is a good example of this<br />
trend. Commenting on this incident, hu -<br />
man rights lawyer Paul Harris, author of<br />
the article in question, “Is Tibet entitled<br />
to self-determination?”, said: “I think<br />
there is a growing atmosphere of unwillingness<br />
to allow activities, publications,<br />
publicity for points of view that the<br />
mainland disapproves of.”<br />
In his article, Harris focuses on the<br />
legal aspects of the Tibet situation and,<br />
after an examination of the relevant international<br />
law on self-determination, concludes<br />
that a Hong Kong-style autonomy<br />
might be the best answer for Tibet. Al -<br />
though the editorial board of Hong Kong<br />
Lawyer did not provide an explanation<br />
Hong Kong Chief Executive Donald Tsang ad -<br />
dressing the Legislative Council in Hong Kong<br />
(Reuters/Bobby Yip)<br />
for dropping the piece, it is widely belie -<br />
ved that political factors played a significant<br />
role in the board’s decision.<br />
Indeed, the flourishing of Chinese<br />
nationalism, further mobilised by Bei -<br />
jing’s propaganda in connection with the<br />
Olympic Games, led to an increased in -<br />
fluence of pro-Beijing elements within<br />
the Hong Kong government. Observers<br />
registering a “definite trend towards conformity<br />
on sensitive issues” (in the words<br />
of the HKJA), have raised concerns about<br />
a potential demonization of dissenting<br />
voices as a consequence of the Hong<br />
Kong government’s intolerance toward<br />
views disagreeing with those of Beijing.<br />
Observers have raised<br />
concerns about a<br />
potential demonization<br />
of dissenting voices<br />
In a political climate potentially tending<br />
toward greater repression, Article 23<br />
of Hong Kong’s Basic Law, which stipulates<br />
that the Hong Kong government<br />
shall enact its own national security law,<br />
might again become a threat to media<br />
freedom. While Hong Kong has put its<br />
2002 proposed anti-subversion law on<br />
the back burner as a consequence of<br />
widespread protests, pro-Beijing forces<br />
within the Hong Kong government<br />
might push for the implementation of<br />
such legislation, which continues to be a<br />
Sword of Damocles hanging over the
head of the Special Administrative Re -<br />
gion’s (SAR) civil society.<br />
Questions about the independence of<br />
Hong Kong’s radio licensing system were<br />
raised following a ruling issued on 8<br />
January by Magistrate Douglas Yau Takhong.<br />
The ruling, issued in connection<br />
with the case of the pro-democracy community<br />
radio station Citizens’ Radio,<br />
basically declared sections of the Tele -<br />
com munications Ordinance to be un -<br />
con stitutional because they curbed freedom<br />
of expression provisions in Hong<br />
Kong’s Basic Law and Bill of Rights.<br />
Citizens’ Radio has been broadcasting<br />
illegally since its 2005 application for a<br />
broadcasting license was rejected by the<br />
Television and Entertainment Licensing<br />
Authority. The HKJA reported that “in<br />
his judgment, Yau argued that the existing<br />
radio licensing system fails to provide<br />
legal certainty to applicants for radio<br />
licenses.” Yau’s judgment noted that “the<br />
unfettered discretionary power” given to<br />
the Chief Executive in Council (Execu -<br />
tive Council) under the Telecommuni ca -<br />
tions Ordinance basically fails to guarantee<br />
the independence of the body deciding<br />
about the allocation of radio licenses.<br />
<strong>On</strong> 12 December, in a great blow to<br />
media freedom, the Court of Appeal<br />
handed down a judgment upholding the<br />
relevant sections of the Telecommu ni ca -<br />
tions Ordinance as constitutional.<br />
A week later, on 19 December, officers<br />
of the Office of the Telecommunications<br />
Authority (OFTA) entered the premises<br />
of Citizen’s Radio in Chai Wan and<br />
seized a set of radio transmitters. An<br />
OFTA spokesperson stated, “It is unlawful<br />
for any person to establish or maintain<br />
any means of telecommunications<br />
without an appropriate licence under the<br />
Telecommunications Ordinance.”<br />
Recommendations<br />
Ensure the political and commercial<br />
independence of the body supervising<br />
the allocation of broadcasting frequencies,<br />
as well as the transparency<br />
of the allocation process<br />
Ensure the independence of<br />
Hong Kong’s public broadcaster<br />
Take positive steps in protecting<br />
Hong Kong’s media against any<br />
restrictions in their freedom to<br />
report as a consequence of China’s<br />
influence on Hong Kong<br />
India by Nayana Jayarajan<br />
Despite India’s recent economic<br />
growth and longstanding democratic<br />
government, the country remained a<br />
dangerous place for journalists. While<br />
journalists in the conflict-ridden north<br />
and northeast continue to practice their<br />
professions in the line of fire, their colleagues<br />
in the rest of the country are frequently<br />
faced with intimidation and at -<br />
tacks from political parties and religious<br />
extremists.<br />
Kashmir, India’s bone of contention<br />
with its neighbour, Pakistan, continued<br />
to see the largest number of attacks<br />
against press freedom. <strong>On</strong> 13 May, Ashok<br />
Sodhi, a photojournalist for the Srinagarbased<br />
Daily Excelsior, was killed in crossfire<br />
between Indian security forces and<br />
Kashmiri separatists. Sodhi, a 25-year<br />
veteran of the newspaper industry, had<br />
been covering the encounter between<br />
India In Brief<br />
Population: 1.1 billion<br />
Hong Kong in Brief<br />
Population: 7 million<br />
Indian security forces and militants who<br />
had allegedly infiltrated India-controlled<br />
Kashmir from Pakistani territory.<br />
The state saw a wave of protests in<br />
August, set off by a decision by the gov -<br />
ernment to sell a piece of land to a Hin -<br />
du temple. Protests by Muslim communities<br />
led to the decision being repealed,<br />
but clashes continued as the protests<br />
fuel led anti-India sentiment in the valley.<br />
More than 30 people have been killed<br />
by the police since the protests began<br />
in August. Javed Ahmed Mir, a cameraman<br />
with local television channel 9TV,<br />
was shot and killed by Indian security<br />
forces on 13 August as he attempted<br />
to cover a de mon stration. According to<br />
Reporters With out Borders, at least 32<br />
journalists have been assaulted by members<br />
of the security forces since the start<br />
of the protests.<br />
Domestic Overview: A parliamentary democracy, and the world’s second<br />
most populous country, India has emerged as a major power. However,<br />
large parts of the country remain in poverty. Communal, caste and regional<br />
tensions continue to haunt politics. The Constitution does not specifically<br />
mention the freedom of the press, but provides the fundamental right to<br />
free speech to all its citizens (Article 19 (1) a). This commitment and the<br />
economic liberalisation of the media in the 1990s has led to the rise of a<br />
critical and diverse media in many parts of the country.<br />
Beyond Borders: India is battling a longstanding feud with neighbouring<br />
Pakistan over the northern state of Kashmir, which remains heavily<br />
militarized, and a Maoist insurgency in as much as 55% of the country<br />
(according to one estimate). In addition, separatist movements in the northeast<br />
continue to engage the military.<br />
Domestic Overview: After 156 years of British rule, Hong Kong became a<br />
Special Administrative Region (SAR) of China on 1 July 1997. Under the<br />
principle, “one country, two systems”, agreed between Britain and Beijing,<br />
China has granted Hong Kong a high degree of autonomy on political and<br />
economic issues for 50 years. Hong Kong’s Basic Law is the territory’s constitution.<br />
Hong Kong’s Chief Executive is elected by the Election Committee,<br />
made up of approximately 800 Hong Kong residents. Universal suffrage, as<br />
prescribed by the Basic Law, is expected to be granted by 2017.<br />
Beyond Borders: Under the principle, “one country, two systems”, China<br />
is fully responsible for Hong Kong’s foreign relations and defence. However,<br />
as a separate economic entity, Hong Kong can participate, independently<br />
from China, in numerous international economic organisations, such as the<br />
World Trade Organisation.<br />
25
26<br />
A curfew imposed on the valley in the<br />
wake of demonstrations has hampered<br />
journalists’ ability to gather news. In the<br />
course of the intensifying security crackdown,<br />
15 journalists and media workers<br />
were injured on 24 August in attacks by<br />
personnel of the Central Reserve Police<br />
Force (CRPF), a paramilitary force. Ac -<br />
cording to the <strong>International</strong> Federation<br />
of Journalists (IFJ), armed CRPF personnel<br />
were reportedly remarked that they<br />
had orders to prevent journalists from<br />
going to work. Newspapers in Srinagar,<br />
the state capital, were not able to print<br />
for two consecutive days as a result of<br />
these restrictions. Reports of intimidation<br />
of the press persisted through Septem -<br />
ber, with journalists saying security forces<br />
had disregarded or even destroyed media<br />
accreditation cards.<br />
In the northeast of the country, escalating<br />
violence culminated in the deaths of<br />
75 people in a series of coordinated blasts<br />
on 30 October. The separatist United<br />
Liberation Front of Assam (ULFA) has,<br />
for decades, been fighting for an independent<br />
Assam. In addition, the state has<br />
seen clashes between indigenous tribes<br />
and Muslims that have killed at least 47<br />
people.<br />
<strong>On</strong> 1 April, veteran Assamese journalist<br />
and Morajhar <strong>Press</strong> Club President<br />
Mohammed Muslimuddin was brutally<br />
attacked while on his way home. The<br />
assailants, who have not been identified,<br />
beat him with sharp instruments. Mus -<br />
limuddin died on the way to the hospital.<br />
<strong>On</strong> 22 November, journalist Jagajit<br />
Sa i kia was shot dead by armed men.<br />
Saikia, a correspondent for the Assamese<br />
daily Amar Asom suffered five bullet<br />
wounds to the chest and one to the head.<br />
According to IFJ, Saikia maintained<br />
contacts with the National Democratic<br />
Front of Bodoland (NDFB), one of ma -<br />
ny armed outfits fighting for the political<br />
autonomy of the Bodo tribal group in<br />
Assam, as part of his professional work.<br />
Violations of press freedom in Assam<br />
Colleagues carry injured Bilal Bhat, bureau chief of an Indian TV channel,<br />
towards an ambulance in Srinagar (Reuters/Fayaz Kabli)<br />
were not limited to attacks on individual<br />
journalists. Vigilantes belonging to the<br />
Bodo People’s Front (BPF) intercepted a<br />
delivery van belonging to the Assamese<br />
daily Asamiya Pratidin on 25 February,<br />
and destroyed its cargo of the day’s paper,<br />
then set the van ablaze.<br />
The BPF is a former insurgent group<br />
that now forms the principal constituent<br />
of the Bodoland Territorial Council, a<br />
body created under the Indian Constitu -<br />
tion to safeguard the cultural identity of<br />
the Bodo people in Assam. The BPF are<br />
said to have been reacting to a report in<br />
the newspaper on an extravagant wedding<br />
ceremony held for its leader, Hag -<br />
rama Mohilary.<br />
In the eastern coastal state of Orissa,<br />
which is in the grip of a Maoist insurgency,<br />
police on 17 July launched an unprovoked<br />
attack on journalists gathered to<br />
cover the guard of honour for police of -<br />
ficers killed by a landmine blamed on<br />
Maoists.<br />
The attack seemed to be targeted<br />
towards journalists from other states.<br />
Cameras were seized and damaged and<br />
vehicles ransacked. Three journalists, two<br />
from the neighbouring state of Andhra<br />
Pradesh and one from the state of Chat -<br />
tisgarh, were hospitalised as a result of<br />
their injuries.<br />
<strong>On</strong> 25 November, Vikas Ranjan, a<br />
part-time correspondent for the Hin du -<br />
stan daily was shot dead by armed assailants<br />
as he left his office in the Samas ti -<br />
pur district of the state of Bihar. Ranjan<br />
reported extensively on crime and corruption,<br />
and there is reason to believe<br />
that his murder may have been connected<br />
to his work, which included articles<br />
on counterfeit merchandise, stolen goods<br />
trafficking, and the local drug trade. He<br />
had been receiving threats for some time.<br />
Reports of intimidation<br />
of the press persisted<br />
through September, with<br />
journalists saying security<br />
forces had disregarded or<br />
even destroyed media<br />
accreditation cards<br />
Even in parts of the country not directly<br />
affected by military action or political<br />
conflict, several cases of media harassment<br />
were reported, with prevailing<br />
political or religious factions often using<br />
force, intimidation or legal loopholes to<br />
infringe on media freedoms. In Andhra<br />
Pradesh, three staff members of the<br />
Telugu-language daily Andhra Jyothi were<br />
arrested under a law designed to punish<br />
insults against those of lower ritual status.<br />
<strong>On</strong> 25 May, the paper printed an editorial<br />
which criticised recent political stances<br />
and statements of the leader of the Ma -<br />
diga Reservation Porata Samiti (MRPS),<br />
a community-based organisation. A day<br />
later, activists from the MRPS attacked<br />
the premises of the Andhra Jyothi in three<br />
cities in Andhra Pradesh. Employees of<br />
the publication, along with various journalists’<br />
unions, staged a demonstration<br />
on 27 May to protest the attack. Fol -<br />
lowing a complaint from the MRPS leader<br />
that the journalists had violated the<br />
law under the Prevention of Atrocities
Act, police arrested the editor of the<br />
news paper, K. Srinivas, and two journalists,<br />
N. Vamsi Krishna and N. Srinivas<br />
on 24 June. The journalists were released<br />
on bail two days later, but in a further<br />
development, 51 journalists were taken<br />
into preventive detention in the town of<br />
Tirupati in Andhra Pradesh on 27 June<br />
when they attempted to present the state<br />
chief minister with a memorandum of<br />
protest against the arrests.<br />
In the neighbouring state of Karna -<br />
taka, on 6 January, authorities arrested<br />
B.V. Seetaram, chairman and chief editor<br />
of Chitra Publications, on charges of<br />
defamation. Seetaram, whose principal<br />
pub lication is the evening newspaper<br />
Kara vali Ale, has said political forces are<br />
intent on causing him harm. Defamation<br />
remains a criminal offence in India, and<br />
carries a maximum sentence of two years.<br />
Even in parts of the<br />
country not directly affected<br />
by military action or<br />
political conflict, several<br />
cases of media harassment<br />
were reported<br />
In the south Indian state of Kerala on<br />
26 June, a team of reporters from the<br />
daily Malayala Manorama and the Ma -<br />
norama News Channel were attacked<br />
during a demonstration by the Students<br />
Federation of India (SFI), which is politically<br />
linked to the ruling Communist<br />
Marxist Party. Pradeep Joseph, Nishad<br />
Kurien and Arun John, reporters with the<br />
Malayala Manorama, were beaten and<br />
kicked by the demonstrators.<br />
In the western state of Maharashtra,<br />
another critical editorial again prompted<br />
violence. The 4 June editorial in the<br />
Marathi daily Loksatta criticised the state<br />
government’s decision to install a statue<br />
of Chhatrapati Shivaji, ruler of a me di -<br />
eval kingdom based in the Marathi cultural<br />
region and a mythic figure in the<br />
area, as a ploy to gain political clout. <strong>On</strong><br />
5 June, several activists belonging to a<br />
political group called the Shiv Sangram<br />
attacked the home of editor Kumar<br />
Ketkar. Ketkar and his wife were not harmed,<br />
but there was considerable damage<br />
to their property.<br />
In the state of Gujarat, a perceived<br />
insult to religion motivated an attack on<br />
the studios of NDTV, a national news<br />
A journalist takes part in a sit-in protest against the killing of his colleague in Imphal.<br />
(Reuters/Jinendra Maibam)<br />
channel. Hindu fundamentalists attacked<br />
the NDTV studios on 19 January, smashing<br />
doors, windows, phones and studio<br />
equipment. The attackers also plastered<br />
the studios with posters accusing the staff<br />
of being “traitors,” and injured two em -<br />
ployees. The attack is said to have been<br />
prompted by an opinion poll that the<br />
channel had carried out on who should<br />
receive India’s highest civilian award for<br />
national service, wherein one of the proposed<br />
candidates was the artist M.F<br />
Hussein, who has lived in self-imposed<br />
exile in Dubai for several years after receiving<br />
threats from Hindu fundamentalists<br />
for showing religious figures in what they<br />
considered disrespectful poses.<br />
In another incident involving religion,<br />
Lenin Kumar Roy, author and editor of<br />
the quarterly review Nishan, was arrested<br />
on 8 December after he accused Hindu<br />
extremists of waging a campaign of violence<br />
against minorities in the Kandha -<br />
mal district of Orissa. Kumar Roy has<br />
been charged with violating laws punishing<br />
“provocative literature likely to dis -<br />
turb peace and communal harmony.“<br />
Recommendations<br />
An apparent lack of political will<br />
to protect journalists needs to be<br />
addressed, especially in areas plagued<br />
by political conflict.<br />
The state must commit to prosecute<br />
those who compromise the freedom<br />
of the media.<br />
Enact legislation to preserve the<br />
diversity of the media and to prevent<br />
monopolies from developing.<br />
27
28<br />
NOTES FROM THE FIELD : INDIA : NOTES FROM THE FIELD<br />
Caught in the Crossfire<br />
By Irengbam Arun<br />
<strong>On</strong> 17 November 2008, young journalist Konsam Rishikanta Singh was<br />
found shot dead on a lonely road within the Greater Imphal area in the<br />
northeast Indian state of Manipur. The local press fraternity, suspecting<br />
state involvement, demanded an independent inquiry. Newspapers<br />
went off the stands for 13 days, until the government agreed to hand over<br />
the case to the New Delhi-based Central Bureau of Investigation (CBI).<br />
Twenty-two year old Rishikanta was<br />
a junior sub-editor working for the<br />
Imphal Free <strong>Press</strong>. The spot where Rishi -<br />
kanta was found had seen other “fake”<br />
encounters in the past and is situated in a<br />
security zone: any person entering or de -<br />
parting the area has to clear at least three<br />
security gates manned by state forces.<br />
Taking into account the mysterious circumstances<br />
surrounding the death of the<br />
young journalist and the spate of “silent<br />
killings” by state and central security for -<br />
ces, the All Manipur Working Journalists<br />
Union (AMWJU) demanded a judicial<br />
inquiry.<br />
The state government refused to react<br />
even as the newspapers suspended publication.<br />
But when AMWJU announced a<br />
protest rally involving the general public<br />
on 26 November, the state government<br />
offered a compromise, which AMWJU<br />
refused.<br />
The general public has long been a<br />
mute spectator to the daily killings, due<br />
both to the overbearing attitude of the<br />
state and the air of impunity created by<br />
the prolonged imposition of the Armed<br />
Forces Special Powers Act 1958 (AFSPA),<br />
and intimidation by insurgent groups.<br />
The AFSPA has been in operation in Ma -<br />
nipur since 1980. Under this Act, mere<br />
suspicion by a non-commissioned officer<br />
of the Indian armed forces is justification<br />
enough for arrests without warrant and<br />
even shooting-to-kill.<br />
It took a movement of unprecedented<br />
proportions in 2004 to wake up the state<br />
from its deep slumber. Although the<br />
operation of the Act was ultimately withdrawn<br />
from the Imphal Municipal area,<br />
the state police commandos and paramilitary<br />
forces continued to operate with<br />
impunity.<br />
Konsam Rishikanta was caught in this<br />
volatile situation.<br />
<strong>On</strong> 10 October 2008, the state head<br />
of police threatened the editors of three<br />
local dailies, Sangai Express, Poknapham<br />
and Naharolgi Thoudang, for publishing<br />
an expose of the nexus between the police<br />
and the urea smugglers active in the state.<br />
Earlier in June, the state Chief Sec -<br />
retary along with the head of police<br />
attempted to censor the publication of<br />
handouts of banned organizations with<br />
a threat that refusal to comply would<br />
lead to the cancellation of registration of<br />
news papers.<br />
It took a movement of<br />
unprecedented proportions<br />
in 2004 to wake up the<br />
state from its deep slumber<br />
The government move came when the<br />
press community was grappling with a<br />
threat from a splinter group of the ban -<br />
ned Kangleipak Communist Party for<br />
refusing to publish one of their pressnotes.<br />
When the press had found itself in<br />
a similar predicament the previous year<br />
the government proposed a memorandum<br />
restricting “liberal” publication of<br />
underground press-notes, which they<br />
said might help in thwarting pressure<br />
from the underground. AMWJU had<br />
refused then.<br />
In June 2008, the AMWJU delegation<br />
challenged a government allegation that<br />
the local press was not adhering to the<br />
<strong>Press</strong> Council of India guidelines. The<br />
government was forced to back down<br />
with a threat that they would be closely<br />
monitoring the media.<br />
While the state and the forces under<br />
its command exert undue pressure upon<br />
the press, the non-state actors and their<br />
factions continue to pressure the local<br />
press to carry their handout and propaganda<br />
material verbatim.<br />
Besides the 13-day suspension of publication<br />
in the wake of Rishikanta’s kil -<br />
ling, newspapers went off the stands in<br />
Imphal for another 8 days in protest<br />
against the dictates and threats from nonstate<br />
actors, mainly the splinter groups<br />
of the banned Peoples United Liberation<br />
Front and the Kangleipak Communist<br />
Party.<br />
The pressure from non-state actors<br />
comes mostly from small factions in their<br />
bid to gain legitimacy through the media<br />
(seen by some of them as a notice board)<br />
for posting their threats and summons to<br />
their victims, and mud-slinging between<br />
these factions.<br />
Irengbam Arun<br />
is a senior journalist based in the<br />
northeast Indian state of Manipur.<br />
He edits a local vernacular daily<br />
newspaper named IREIBAK, published<br />
from the capital city of Imphal.
NOTES FROM THE FIELD : INDIA : NOTES FROM THE FIELD<br />
The response of the Centre and the<br />
state government has been to enforce<br />
restrictive laws like the controversial Ar -<br />
med Forces Special Powers Act (AFSPA)<br />
of 1958. The conflict is thus heightened<br />
instead of being resolved.<br />
Interestingly, the first resistance movement<br />
in Manipur also gave birth to its<br />
media industry. Hijam Irabot - who led a<br />
Communist movement in the 1930s asking<br />
the British to quit Manipur – also<br />
handstencilled Manipur’s first journal<br />
Meitei Chanu. Today Manipur is considered<br />
one of the top states in eastern India<br />
regarding media presence, with around<br />
30 news dailies and journals, a remarkable<br />
number of home cable networks,<br />
correspondents and stringers for various<br />
national and international news agencies.<br />
Ironically, it is this growing awareness<br />
of the media as a powerful platform that<br />
is now threatening press freedom in the<br />
state. Underground insurgent groups<br />
operating in the state, which earlier relied<br />
on pamphlets and word-of-mouth as the<br />
major means of spreading their ideas and<br />
diktats, are now turning to newspapers<br />
and news channels to carry their statements<br />
to a larger audience.<br />
This strategy is also used by the army<br />
and the government, who use the media<br />
to highlight their achievements, such as<br />
with press tours of areas “cleared of insurgents.”<br />
Trapped in between are small teams of<br />
underpaid, overworked and semi-skilled<br />
professionals trying to perform the role<br />
of society’s watchdog, frequently at risk<br />
to their lives. Since 1993, as many as six<br />
jour nalists have been shot dead, the most<br />
Conflict, Censorship<br />
and Media in Manipur<br />
By Thingnam Anjulika Samom<br />
For the 2.4 million people living in the Indian state of Manipur – where more<br />
than 40 underground groups and nearly 50,000 central security forces are<br />
waging an armed war – violent death is part of daily life.<br />
recent case being that of Konsam Rishi -<br />
kanta, a junior sub-editor at Imphal Free<br />
<strong>Press</strong> on 17 September 2008. There have<br />
also been several other cases of physical<br />
and mental harassment and assault.<br />
The media fraternity has responded<br />
with dharnas (strikes), suspension of pub -<br />
lication, blank editorials and appeals to<br />
the government to provide a safe working<br />
atmosphere.<br />
However, instead of making attempts<br />
to protect journalists, the state government<br />
has tried to curb the freedom of the<br />
press from time to time, ostensibly to<br />
stamp out insurgency movements.<br />
Ironically, it is this growing<br />
awareness of the media<br />
as a powerful platform that<br />
is now threatening press<br />
freedom in the state<br />
<strong>On</strong> 2 August 2007, while media representatives<br />
were on strike to protest the<br />
sending of a bomb to the Sangai Express,<br />
the state government passed an order ban -<br />
ning the publishing of all items “di rectly<br />
attributed to Unlawful Organiza tions,<br />
organized gangs, organizations, terrorists<br />
and terrorists-related organizations considered<br />
to be subversive and a threat to the<br />
integrity of the state and the country.”<br />
When the media community protested<br />
and urged for the withdrawal of the<br />
order, the State Cabinet met and, instead<br />
of withdrawal, amended the order with a<br />
clause entitled “Publication of seditious,<br />
subversive literature affecting integrity of<br />
the Nation.”<br />
More recently, it was only after 13<br />
days of strikes and protest rallies by the<br />
journalist fraternity here that the state<br />
government conceded to the demand for<br />
a CBI inquiry into the killing. Instead<br />
of an early response to the journalists’<br />
demand, the state government tried to<br />
make the journalists call off their proposed<br />
rally on 26 November 2008. When<br />
the rally proceeded, the state government<br />
banned the local cable network ISTV<br />
from broadcasting the public meeting<br />
following the rally.<br />
This was not the first time ISTV was<br />
forced to blackout. In August 2004, the<br />
government imposed a ban on ISTV in<br />
the “public interest”, apparently angered<br />
by images of thousands of people taking<br />
to the streets to protest against the AFSPA.<br />
In Manipur, the ongoing armed conflict,<br />
job insecurity and precarious working<br />
conditions are some of the crucial factors<br />
which directly impact press freedom.<br />
In the face of these challenges, the media<br />
community has continued to remain uni -<br />
ted in their stand that the sanctity of the<br />
profession should not be compromised.<br />
Thingnam Anjulika Samom<br />
is a freelance journalist based in the<br />
northeastern Indian state of Manipur.<br />
She writes primarily on issues related<br />
to gender, development and conflict.<br />
29
30<br />
Indonesia by Naomi Hunt<br />
Indonesia has a large independent me -<br />
dia presence, although the media are<br />
hampered by criminal defamation laws<br />
and strict broadcast licensing procedures.<br />
With wide viewership and ten independent<br />
stations, television is the dominant<br />
medium. There are also hundreds of<br />
radio stations; the capital Jakarta alone<br />
boasts 60. Nearly 20 million Indonesians<br />
– about 8 percent of the population –<br />
have access to the Internet.<br />
While there is no outright censorship<br />
of the web, on 31 March, the Infor ma -<br />
tion Ministry tried to force YouTube to<br />
remove a video from its website. It told<br />
YouTube it had a week to remove Fitna,<br />
arguing that the short film “could disturb<br />
relations between the faiths.” The film<br />
shows a mash-up of Quranic verses with<br />
clips from terror acts, and was created<br />
by Geert Wilders, an anti-immigration<br />
Dutch politician. YouTube refused, and<br />
several Internet service providers in<br />
Indonesia began denying access to the<br />
site, as well as to MySpace and Google<br />
Video, although over 150 ISPs reportedly<br />
ignored the order.<br />
<strong>On</strong> 19 November, the Alliance of<br />
Independent Journalists Indonesia (AJI)<br />
reported another government attempt to<br />
block controversial themes. AJI reported<br />
that local officials in Surakarta, a city in<br />
Central Java, have refused to allow filmmaker<br />
Eros Djarot to shoot a movie.<br />
According to the AJI, the authorities<br />
threatened the crew with accusations that<br />
the movie’s script contains communist<br />
ideas.<br />
<strong>Press</strong> freedom has improved<br />
overall since long-time ruler<br />
Suharto left office in 1998<br />
Djarot reportedly had already obtai -<br />
ned the necessary permit: Police Senior<br />
Commissioner Edy Janto signed a letter<br />
granting the production team permission<br />
to film in Surakarta, but city authorities<br />
didn’t issue a permit, allegedly because of<br />
the film’s supposed communist content.<br />
The director has said that the film, called<br />
Lastri and based on a book by Ita F. Na -<br />
dia, is about an Indonesian woman living<br />
in the 1960s, not about communism.<br />
<strong>Press</strong> freedom has improved overall<br />
since long-time ruler Suharto left office<br />
in 1998, but several developments since<br />
have been criticised by rights groups. In<br />
the restive province of Papua, for example,<br />
foreign journalists have been barred<br />
from entry since 2003. A set of broadcasting<br />
regulations in 2006 puts the In -<br />
for mation Ministry in charge of licenses,<br />
which Southeast Asian <strong>Press</strong> Alliance<br />
(SEAPA) said could potentially politicize<br />
licensing procedures. The law sets rules<br />
on acceptable program content, and prevents<br />
local stations from directly relaying<br />
foreign news agency reports.<br />
In Indonesia, defamation charges are<br />
frequently used to punish critics. In Sep -<br />
tember 2007, the Indonesian Supreme<br />
Court ruled that Time magazine had de -<br />
famed Suharto, and ordered the Ameri -<br />
can newsweekly to pay US$106 million.<br />
The article in question was published<br />
in 1999, and alleged that the former president<br />
and his family had saved billions<br />
of ill-gotten dollars in foreign bank ac -<br />
counts. Time appealed the ruling.<br />
In 2006 and 2007, Indonesia’s Con -<br />
stitutional Court had struck down laws<br />
that criminalized defamation of the government<br />
and insults to the president and<br />
vice president, calling them unconstitutional.<br />
However, defamation in general<br />
remains a criminal offence.<br />
In June, Radar Yogya general manager<br />
and journalist Risang Bima Wijaya was<br />
released after spending six months in<br />
prison in Sleman. He had lost a defamation<br />
case brought against him by Sumadi<br />
M. Wonohito, the general manager of<br />
another newspaper in Yogyakarta. Wi ja ya<br />
had published articles covering a scandal<br />
at Wonohito’s newspaper, the Kedaulatan<br />
Rakzat Daily, which involved a female<br />
employee who had brought sexual harassment<br />
charges against the general manager.<br />
In May, the Legal Aid Centre for the<br />
<strong>Press</strong> filed a petition on behalf of Risang<br />
Bima Wijaya and another columnist,<br />
Bersihar Lubis, who has also previously<br />
served jail time for defaming the attorney<br />
general.<br />
The petition called for the abolishment<br />
of laws that criminalise defamation<br />
and insults; however, the Constitutional<br />
Court upheld their constitutionality in<br />
August.<br />
<strong>On</strong> 25 March, the Indonesian <strong>Press</strong><br />
Council and other observers criticised the<br />
newly passed Electronic Information and<br />
Transaction Law (ITE) for failing to meet<br />
international standards. The ITE is meant<br />
to address, among other things, online<br />
pornography, gambling, threats and ra -<br />
cism. Under international standards, laws<br />
should protect citizens’ and journalists’<br />
rights to free expression and access to<br />
information. Instead, Indonesians are<br />
pro hibited from distributing insulting or<br />
defamatory information in electronic<br />
form, and could be penalized with a maximum<br />
of six years in prison or a fine of<br />
US$109,000 for violations. The ITE also<br />
forbids the spread of information intended<br />
to propagate hatred or enmity. The<br />
<strong>Press</strong> Council expressed concern that<br />
jour nalists covering politically sensitive<br />
issues online may face charges for “sprea -<br />
ding hatred” or defamation.<br />
Journalist concerns over misuse of the<br />
new ITE were substantiated when blogger<br />
and Tempo magazine journalist Nar lis -<br />
wandi Piliang was named as a suspect in a<br />
defamation case under the new ITE law.<br />
Piliang published a story in which he al -<br />
leged that a coal mining company bribed<br />
a political party in order to protect themselves<br />
from a negative outcome in an on -<br />
going investigation into firm practices.<br />
The <strong>Press</strong> Council ex -<br />
pressed concern that journalists<br />
covering politically<br />
sensitive issues online may<br />
face charges for “spreading<br />
hatred” or defamation<br />
The case was filed by legislator Alvin<br />
Lie after the story was circulated to a<br />
readers’ forum mailing list. Piliang agreed<br />
to cooperate with the investigation, but<br />
could face up to six years in prison and be<br />
forced to pay US$90,000 if found guilty.<br />
<strong>On</strong> 10 November, AJI reported that<br />
freedom of expression advocate Upi As -<br />
maradana, who coordinates the Coalition<br />
for Journalists against Criminalisation of<br />
the <strong>Press</strong>, was charged with libel and<br />
defamation. The charges were brought by<br />
the Inspector General Sisno Adiwinoto,<br />
who alleges that Upi “provoked journalists<br />
to resist the head of the South Sula -<br />
wesi Regional Police Office.” The inspector<br />
reportedly told the public that, if they<br />
take umbrage at something in the media,<br />
they should simply sue the journalists<br />
rather than using procedures set out in<br />
the <strong>Press</strong> Law.<br />
In West Papua province, there have<br />
been numerous outbreaks of violence<br />
over the last 45 years despite a large In do -
Former Indonesian President Suharto<br />
(REUTERS/Enny Nuraheni)<br />
nesian military presence. Papuans were<br />
granted greater autonomy in 2001, but<br />
those pushing for independence are targeted<br />
by Indonesian authorities. Jour na -<br />
lists covering the unrest are reportedly<br />
threatened and harassed by local officials.<br />
Between 14 and 16 October, according<br />
to the East Timor Action Network,<br />
Papuans held rallies in several cities across<br />
Indonesia to welcome the formation of<br />
the <strong>International</strong> Parliamentarian Caucus<br />
for West Papua (IPWP) in London. In<br />
the Papuan capital Jayapura, IPWP committee<br />
chairman Buchtar Tabuni was<br />
taken into custody by the police for questioning.<br />
According to reports, he and 17<br />
others were beaten in public and then<br />
forced into police cars at gunpoint. <strong>On</strong> or<br />
around 17 October, one protest organizer<br />
was killed; the an autopsy of Yosias<br />
Syet Sentani concluded that he died of<br />
torture.<br />
Sources say the local deputy police<br />
chief told journalists not to report the<br />
case, warning that those who cover this<br />
story may be “victims of an accident on<br />
their way home.” TV journalists in the<br />
Papuan police office were also told not to<br />
investigate the local police force and its<br />
interrogation of suspects linked to the<br />
demonstrations. Deputy Director Borent<br />
reportedly added, “Your motorcycle could<br />
end up having a crash.”<br />
Chozin, eldest brother of Bali bombers Amrozi and Mukhlas, talks to journalists at Tenggulun<br />
village near Lamongan. (REUTERS/Beawiharta Beawiharta)<br />
Recommendations<br />
Decriminalize defamation<br />
Give journalists in Papua and other<br />
provinces the same rights to free<br />
speech accorded to journalists elsewhere<br />
in Indonesia<br />
Abolish the ITE law<br />
Indonesia In Brief<br />
Population: 238 million<br />
Domestic Overview: Since Suharto stepped down a decade ago,<br />
Indonesia has slowly moved toward greater transparency and democracy.<br />
However, corruption remains endemic, and may even be on the rise.<br />
A World Bank report says Indonesia’s rapid post-Suharto decentralization<br />
exacerbated the problem. While powers mandated to local officials have<br />
increased, there has not always been a sufficient expansion of oversight,<br />
encouraging graft and “money politics,” the World Bank says.<br />
A secular state, 86% of all Indonesians are Muslims.<br />
In some parts of the archipelago, inter-ethnic and inter-religious tensions,<br />
as well as violent separatist movements, are simmering. Heavy-handed<br />
military and police efforts to combat Islamist terrorist threats, as well<br />
as maintain central control over restive provinces, have led to numerous<br />
documented human rights abuses.<br />
Beyond Borders: Indonesia is an active member of ASEAN and other<br />
regional efforts, and pursues an active foreign policy commensurate with its<br />
status as the world’s fourth most populous country, and as the most populous<br />
Muslim-majority country. Although conducting a generally internationalist<br />
foreign policy, the violent secession of East Timor after the 1999 independence<br />
referendum strained Indonesia’s relations with many countries.<br />
31
32<br />
NOTES FROM THE FIELD : INDONESIA : NOTES FROM THE FIELD<br />
IPI: In 1995, you and Ahmad Taufik<br />
were sentenced for publishing the<br />
magazine Independen without a li -<br />
cense. Have licensing procedures<br />
and conditions generally improved<br />
since that time?<br />
ITEM: There was a time under the Su -<br />
harto regime when every publication had<br />
to have a special permit, issued by the<br />
Ministry of Information. Ahmad Taufik<br />
and I were sentenced to three years in<br />
prison for violating the old press law, and<br />
were also tried under the criminal code<br />
for “insulting the president” (article 134)<br />
and for “showing hatred against the government”<br />
(article 154).<br />
After the fall of Suharto in 1998,<br />
Indo nesia entered an era of press freedom,<br />
as the new <strong>Press</strong> Law Number 40/<br />
1999 was implemented. The <strong>Press</strong> Law<br />
basically guaranteed our basic rights and<br />
abolished the press license policy. Cur -<br />
rently, the Indonesian press is free to publish,<br />
free to write, and free to criticize.<br />
But the defamation articles in our<br />
crim inal code are still there and these can<br />
be used against journalists anytime. In<br />
2006, the Constitutional Court abolish -<br />
ed articles 134, 135 and 136 (on insulting<br />
the president), and later, articles 154<br />
and 155 (showing hatred against the government),<br />
but other articles carrying<br />
criminal penalties still exist.<br />
At the moment, we are also facing<br />
charges based on new laws passed over<br />
the past few years, such as the ITE and<br />
the Election Law.<br />
IPI: This summer, the Constitutional<br />
Court upheld as constitutional several<br />
penal code provisions carrying jail<br />
time and heavy fines for defamation.<br />
Is there a sense that Indonesians find<br />
these laws unfair, and do you think<br />
that a similar petition in the future<br />
might lead to a change in the law?<br />
Interview with Indonesian<br />
Journalist and <strong>Press</strong> Freedom<br />
Advocate Eko Maryadi By Naomi Hunt<br />
Eko Maryadi, aka Item, is the Coordinator of the Advocacy Division at the Alliance<br />
of Independent Journalists (AJI), Indonesia, and a freelance journalist. Item was an editor<br />
for AJI’s magazine, Independen, until it was banned on 28 March 1995, two weeks<br />
after he and AJI president Ahmad Taufik were arrested. They were ultimately sentenced<br />
to three years in prison, but released in September 1997.<br />
ITEM: For various reasons, many Indo -<br />
nesians see the decision regarding the<br />
code provisions as unfair and disappointing,<br />
as this puts a continuous threat on<br />
journalists and civil society members who<br />
express their opinion. We do respect the<br />
court’s decision, but we can file a similar<br />
petition in the future for different reasons<br />
and from a different angle to push for<br />
change in our legal system.<br />
IPI: In September 2007, Time magazine<br />
was found to have defamed<br />
ex-President Suharto, and ordered to<br />
pay US$106 million. This February,<br />
Time filed an appeal. What is the status<br />
of the appeal?<br />
ITEM: The appeal is still in progress. I<br />
don’t know when the result will be delivered<br />
by the Supreme Court, but it usually<br />
takes months, sometimes years, to de -<br />
cide, depending on its urgency. AJI belie -<br />
ves that if the punishment is upheld, and<br />
Time magazine has to pay Suharto’s<br />
family that huge amount, it will have a<br />
huge impact on how Indonesian courts<br />
ap proach press cases. We have to convince<br />
the legal apparatus that the impact<br />
of an extraordinary fine is similar to that<br />
of banning the press, as it may force me -<br />
dia companies into bankruptcy.<br />
IPI: The Electronic Information and<br />
Transaction Law (ITE) was passed<br />
earlier this year, and has already<br />
been used against journalist Narlis -<br />
wandi Piliang. How concerned are<br />
the media and press freedom advocacy<br />
groups about this new law?<br />
ITEM: We put a high priority on this<br />
case. We must work hard to stop the proceedings<br />
against Piliang, and to abolish<br />
the article at issue. AJI and other advocacy<br />
groups are now filing a petition to<br />
the Constitutional Court against Article<br />
27 of the ITE. There is legal uncertainty<br />
when several criminal defamation articles<br />
exist simultaneously. We already have the<br />
Indonesian Criminal Code (articles 310,<br />
311), which carries less jail time (one<br />
year), and now also Article 27 of the ITE,<br />
which stipulates a longer sentence (up to<br />
six years).<br />
IPI: According to reports, journalists<br />
in West Papua were warned by a<br />
local deputy police chief not to cover<br />
a particular story, or else they might<br />
end up “victims of an accident on<br />
their way home.” Is there a sense that<br />
journalists in West Papua, Aceh or<br />
Sulawesi work under more dangerous<br />
conditions than elsewhere, and<br />
do you see the situation improving or<br />
worsening?<br />
ITEM: It is sad to say, but the situation<br />
in West Papua is worsening rather than<br />
improving with respect to freedom of<br />
expression. Every journalist, national or<br />
international, who wants to visit West<br />
Papua must get a special permit from the<br />
Indonesian National Military (TNI), and<br />
also from the West Papua governor. The<br />
requirements are even more complex for<br />
TV journalists or filming. And it’s entirely<br />
up to these authorities to decide whe -<br />
ther the permission letter can be given or<br />
be held.<br />
It has been said that the government<br />
has to protect the province from different<br />
influences, as well as from bad news from<br />
the international community regarding<br />
the issue of separatism. The other reason<br />
we know of is that there is a giant U.S.<br />
mining company, Freeport Inc., which<br />
has been operating in part of the province<br />
for 30 years, and has recently been in disputes<br />
with local communities over the<br />
issues of prosperity and economic distribution.<br />
Aceh province and Central Sulawesi<br />
are improving, as journalists are free to<br />
visit and to make reports.
Balibo Revisitedby Colin Peters<br />
The release of the film “Balibo” in the summer of 2009 will bring a tragic,<br />
true story of murder and injustice to a wider public. The story of the brutal<br />
killing of six journalists in East Timor in 1975 is one familiar to members of IPI,<br />
as IPI has long pushed for justice in the matter. Taking its name from the tiny<br />
village that witnessed the killing of five of the journalists, “Balibo” retraces<br />
the events leading up to their deaths and that of a sixth reporter, Roger East.<br />
Footage shot just days before his death<br />
on 16 October 1975 shows Austral -<br />
ian newsman Greg Shackleton painting a<br />
crude Australian flag onto the exterior<br />
wall of the Balibo hut in which he was<br />
lodging. Shackleton and four other journalists<br />
were in Balibo to report on evidence<br />
of an upcoming Indonesian invasion<br />
of what was then still the Portuguese<br />
territory of East Timor.<br />
The reporters had recently observed<br />
Indonesian warships amassing along the<br />
island’s coast, and heard stories of armed<br />
Indonesian incursions across the border.<br />
Shackleton’s flag should signal to any<br />
invader that Australians – Indonesia’s re -<br />
gional allies – were housed here. When<br />
Indonesian troops finally arrived in Bali -<br />
bo, eyewitness accounts describe the<br />
Australia-based journalists leaving their<br />
hut, arms aloft and unarmed, to ap proach<br />
the soldiers, only to be brutally cut down<br />
by machine-gun fire.<br />
At the time of the murder of these<br />
journalists, who we now know collectively<br />
as the “Balibo Five”, the Indonesian<br />
invasion of East Timor had not officially<br />
begun. It was well underway, however,<br />
when Roger East, another Australia-based<br />
reporter, was last seen, his hands bound<br />
behind his back, being dragged across the<br />
main square of East Timor’s capital, Dili.<br />
East had travelled to the island to<br />
investigate the deaths of the “Balibo Five”<br />
and had remained there despite the<br />
Indonesian offensive. Ultimately he suffered<br />
the same gruesome fate as those<br />
whose story he was trying to tell, allegedly<br />
executed along with a crowd of East<br />
Timorese by Indonesian soldiers on Dili’s<br />
wharf. A body fitting his description<br />
washed up on the shore some days later.<br />
For many years after their deaths, the<br />
“Balibo Five” were officially, although<br />
con troversially, considered victims of<br />
cross fire in the heat of battle. This would<br />
Shirley Shackleton (R), wife of Australian journalist Greg Shackleton allegedly killed by the<br />
Indonesian military, is flanked by a member of Melbourne's East Timorese community (L)<br />
during a rally outside the Indonesian Consulate August 17, 1998. (REUTERS/Will Burgess)<br />
have remained the case, had it not been<br />
for the determination of relatives and<br />
campaigners to learn the exact details of<br />
the killings.<br />
This determination culminated in a<br />
2007 coronial inquiry in Australia into<br />
the death of one of the five, British-born<br />
cameraman Brian Peters. The coroner in<br />
charge of the inquiry, Dorelle Pinch,<br />
found that the “Balibo Five” were singled<br />
out and murdered by Indonesian Special<br />
Forces, possibly on the orders of highranking<br />
military officers. She also recommended<br />
that the case be considered a<br />
breach of the Geneva Convention.<br />
In 2008, a reply from the Australian<br />
Attorney General to an IPI letter calling<br />
for action confirmed that the Federal<br />
Police are currently assessing the matter.<br />
The true circumstances surrounding the<br />
killing of Roger East, however, remain<br />
unclear. East’s death has always had a<br />
lower profile than that of the “Balibo<br />
Five”, and, as yet, no official inquiry has<br />
been conducted.<br />
The arrival of the film “Balibo” will no<br />
doubt do much to bring the injustice surrounding<br />
the “Balibo Five” to a wider au -<br />
dience, but will hopefully also help raise<br />
awareness of the near-forgotten murder<br />
of Roger East, the first man to seek justice<br />
in their case.<br />
“Balibo”, an Arenafilm production, is<br />
produced and directed by the critically<br />
acclaimed team of John Maynard and<br />
Robert Connolly. IPI members will have<br />
the opportunity to preview clips from<br />
the feature film, and to talk to those<br />
involved in its production, at a specially<br />
organised event at IPI’s 2009 World<br />
Congress in June in Helsinki.<br />
33
34<br />
Japan by Andrew Horvat<br />
Almost all incidents which touched on<br />
freedom of speech in Japan in 2008<br />
were connected in some way to unresolved<br />
issues left over from World War II.<br />
Japanese politics and society today is<br />
divided into two mutually hostile camps.<br />
<strong>On</strong> one side stands the “pride” group,<br />
which seeks to minimize and on occasion<br />
deny negative aspects of Japan’s history.<br />
Members of the “shame” group, on the<br />
other hand, are bent on memorializing<br />
and from time to time exaggerating and<br />
distorting the excesses of the Japanese<br />
military prior to 1945.<br />
Although the topics of discussion are<br />
linked to the past, the debate is not so<br />
much about history but the present day.<br />
Unlike in Europe, where since the early<br />
1950s increasing integration leading to<br />
the formation of the EU required a coming<br />
to terms with the past, the Cold War<br />
effectively isolated Japan from countries<br />
once occupied by the Japanese military<br />
and therefore made impossible the carrying<br />
on of dialogue between perpetrators<br />
and victims. The United States, relying<br />
on the assistance of Japan’s pre-war political<br />
and business elite in order to turn<br />
Japan into a viable Cold War ally, often<br />
chose to ignore the past record of Japa -<br />
nese leaders, at least one of whom, a war -<br />
time minister of defense supply, became a<br />
postwar prime minister. The result has<br />
been to politicize the history debate and<br />
to turn it into a permanent discussion<br />
not so much about what Japan was like in<br />
the past but rather about the values that<br />
the Japanese should adhere to today.<br />
For example, the descendants of journalists<br />
arrested in 1943 and convicted the<br />
following year on charges of taking part<br />
in a communist plot were still fighting<br />
the case in court last year, demanding a<br />
verdict exonerating their long-deceased<br />
relatives. The absence of a clear-cut consensus<br />
on negative aspects of the past pla -<br />
ces an enormous burden on the Japa nese<br />
justice system since plaintiffs continue to<br />
demand that courts make decisions which<br />
Japanese society as a whole has sought to<br />
avoid. In what can only be described as a<br />
pyrrhic victory, the fourth attempt on the<br />
Japanese men dressed in the uniforms of former zero fighter pilots and imperial army<br />
soldiers march in the precinct of the Yasukuni Shinto Shrine in Tokyo, marking the<br />
57th anniversary of the end of World War II in this 2002 photo (AP/Tsugufumi Matsumoto)<br />
part of the aging descendants of the long<br />
deceased plaintiffs to have the court re -<br />
open the so-called “Yokohama Incident”<br />
case was finally successful. In November,<br />
a district court judge ruled that new evidence<br />
had come to light indicating that<br />
the 60 persons rounded up under the<br />
now defunct Peace Preservation Law of<br />
1925 were “probably not guilty.” When if<br />
ever the final verdict will be read out is<br />
anybody’s guess.<br />
In June, the Japanese Supreme Court<br />
handed down a ruling which on the surface<br />
protected the media but which in<br />
another context could be seen as sidestepping<br />
the still heated debate over of -<br />
ficial involvement in the recruitment of<br />
the so-called “comfort women,” who provided<br />
sexual services to Japanese military<br />
personnel in occupied territories during<br />
World War II. The court ruled in favor of<br />
NHK, the Japanese public broadcasting<br />
network, which aired in 2001 a program<br />
on its educational channel about a mock<br />
war crimes trial organized the year before<br />
by an NGO in which the late Emperor<br />
Hirohito was found guilty of having been<br />
responsible for the recruitment of military<br />
sex-slaves. Members of the NGO<br />
took NHK to court, arguing that the<br />
broadcaster had failed to live up to what<br />
it argued were “expectant rights of interviewees.”<br />
Lower courts had ruled in favor<br />
of the NGO, finding that the public<br />
broadcaster had allowed itself to be influenced<br />
politically when they solicited the<br />
advice of a senior cabinet official about<br />
the program and had subsequently<br />
Taro Aso became President in<br />
September 2008 (Reuters, Toru Hanai)<br />
altered its contents by inserting an interview<br />
with a scholar whose views were<br />
opposed to those of the NGO.<br />
The descendants of jour -<br />
nalists arrested in 1943 and<br />
convicted the following year<br />
on charges of taking part in<br />
a communist plot were still<br />
fighting the case in court<br />
last year, demanding a verdict<br />
exonerating their longdeceased<br />
relatives<br />
In siding with NHK, the court ruled<br />
that the NGO’s demand that the program<br />
be made according to its expectations<br />
was not reasonable, since there<br />
could be many reasons why the broadcast<br />
content might differ from what was originally<br />
planned. In ruling for the broad-
caster, the court went a long way to protect<br />
the media from unreasonable lawsuits<br />
by dissatisfied interviewees. At the<br />
same time, however, the failure of judges<br />
to comment on NHK’s decision to seek<br />
the involvement of a politician in determining<br />
the outcome of a news program<br />
was a clear indication that judges were<br />
not keen to become involved in the na -<br />
tional debate about Japan’s complicated<br />
past. Incidentally, the politician whose<br />
views NHK staff sought about the comfort<br />
women program happened to be the<br />
grandson of the above-mentioned prime<br />
minister who had been a wartime cabinet<br />
member.<br />
Right wing pressure<br />
groups composed mostly<br />
of athletic young men<br />
wearing World War II lookalike<br />
uniforms, threatened<br />
to descend on any film<br />
theater that dared to show<br />
an “anti-Japanese” film<br />
No doubt the most serious media<br />
rights issue concerned the showing in<br />
May of the documentary film “Yasukuni”<br />
made by a Japan-resident Chinese director<br />
about the controversial shrine where<br />
souls of 2.7 million Japanese, including<br />
many former colonial subjects, are consecrated.<br />
The debate followed certain predictable<br />
patterns in issues related to<br />
World War II. The controversy began<br />
with the demand by members of a<br />
nationalist coalition of politicians to preview<br />
the film. The group argued that<br />
since the documentary was partially<br />
funded by a government arts grant the<br />
politicians had the right to make certain<br />
that tax funds had been spent properly.<br />
Almost immediately, right wing pressure<br />
groups composed mostly of athletic<br />
young men wearing World War II lookalike<br />
uniforms, threatened to descend on<br />
any film theater that dared to show an<br />
“anti-Japanese” film. It was more or less<br />
assumed that since the director was a<br />
Chinese national, the film would be critical<br />
of Yasukuni.<br />
The expectations of the “pride” group,<br />
however, were betrayed when it turned<br />
out that the film was both impartial and<br />
difficult for most viewers to follow. The<br />
documentary contained no narration and<br />
simply provided a day to day portrait of<br />
the shrine as it was, showing both its followers<br />
and its opponents. Encouraged by<br />
the support of almost all of Japan’s media,<br />
most distributors and theater owners<br />
ignored the threats of right wing groups<br />
and showed the film, which attracted a<br />
large number of viewers.<br />
The “Yasukuni” controversy coincided<br />
with the twentieth anniversary of the<br />
shooting of a 29-year old Asahi Shimbun<br />
reporter, which was recalled in detail on<br />
the pages of that paper. Members of a<br />
right wing group, demanding that the<br />
newspaper “return to what it was like 50<br />
years ago” – in other words, to the prewar<br />
militaristic era – claimed credit for<br />
this and other attacks on the publication,<br />
which used the anniversary as an opportunity<br />
to list the far too many instances<br />
of political violence in Japan since the<br />
end of World War II, especially those<br />
aimed at muzzling free debate.<br />
The success of right wing pressure<br />
groups to force the Japan Teachers Union<br />
to cancel its annual convention at a major<br />
hotel in Tokyo can be seen as just one of<br />
many examples of the muzzling of debate<br />
on the past through intimidation. The<br />
modus operandi of these ultra-nationalist<br />
organizations is to use truck-mounted<br />
loudspeakers and to blare World War II<br />
military marches and nationalist slogans<br />
while driving past events or meetings or -<br />
ganized by groups whose aims the natio -<br />
Japan in brief<br />
Population: 127.3 million<br />
n alists (or their political backers) oppose.<br />
Such shows of force are sufficiently<br />
disruptive of day-to-day business in overcrowded<br />
Japanese cities that hotels or<br />
film theaters, frightened by the negative<br />
impact on their business, cave in to the<br />
demands of the rightists. When such me -<br />
thods fail, they are invariably followed by<br />
anonymous threats, and when those are<br />
not heeded, a home made bomb will be<br />
thrown, or a house burned down. Assassi -<br />
nations are rare because those being targeted<br />
often get the message quite early.<br />
The truly disturbing aspect of such<br />
activity, however, is the seeming failure –<br />
or possibly unwillingness – of authorities<br />
to do very much to stop it. Anti-noise<br />
ordinances are rarely applied to the truckmounted<br />
loudspeakers of the right wing<br />
groups, even when long rows of the vehicles<br />
painted in khaki or navy blue wind<br />
slowly through rush hour traffic. As for<br />
the assassin of the Asahi Shimbun<br />
reporter, he has nothing to fear; the 15year<br />
statute of limitations on murder ex -<br />
pired in 2003.<br />
Recommendations<br />
Discourage harassment and in -<br />
timidation of individuals, including<br />
journalists, who espouse politically<br />
unpopular views<br />
Vigorously prosecute crimes against<br />
journalists<br />
Improve transparency by ensuring fair<br />
access to figures of public interest<br />
Domestic Overview: Japan is comprised of an island chain running along<br />
the Pacific coast of Asia. Its four main islands are Hokkaido, Shikoku,<br />
Kyushu and Honshu, on which Tokyo, the capital, is located.<br />
After World War II, Japan enjoyed enormous economic growth, and has<br />
become a major regional and global power. Japan has a developed<br />
industrial economy, and is competitive in sectors associated with international<br />
trade. It is a world leader in scientific research, especially with regard<br />
to new technologies. It has the second largest economy in the world.<br />
Taro Aso of the Liberal Democratic Party (LDP), which has dominated<br />
politics since the end of the Second World War, became Prime Minister<br />
in September 2008.<br />
Beyond Borders: Japan is a member of the G7, has been a member<br />
of the U.N. since 1956, and maintains close ties with the West, as well as<br />
with neighbouring countries. In recent years, it has pursued a more active<br />
foreign policy and expanded relations with countries in Latin and South<br />
America, as well as in the Middle East.<br />
35
36<br />
Kazakhstan by Patti McCracken<br />
Kazakh President Nazarbayev meets U.S. Secretary of State<br />
Condoleezza Rice in Astana. (Reuters / Ho New)<br />
Kazakhstan’s press is relatively stable<br />
when compared to some of its Cen -<br />
tral Asian neighbours. However, considerable<br />
problems with censorship, oppressive<br />
media law, and routine attacks on<br />
journalists are at the core of the media<br />
struggles.<br />
Much of print and broadcast media<br />
are controlled by President Nursultan<br />
Na zarbayev’s associates, most notably his<br />
daughter, and content is largely “managed”<br />
by forbidding operating licenses to<br />
many opposition media outlets. For the<br />
opposition media that does exist, editorial<br />
content is controlled and suppressed<br />
through various fear tactics, threats,<br />
physical attack and worse.<br />
A bullet was<br />
embedded in a wall<br />
When the reporters for Taszhargan<br />
newspaper came into work on 1 April,<br />
they noted shattered windows and rocks<br />
scattered on the floor. Dispersed amid<br />
the rocks were bullets, and a bullet was<br />
embedded in a wall. This was not the first<br />
time the newspaper – Kazakhstan’s oldest<br />
opposition paper – was targeted. In the<br />
past it has been torched and robbed, and<br />
its reporters are sometimes beaten.<br />
In September, a driver for Aygak me -<br />
dia group pulled his car into a carwash.<br />
Unidentified assailants attacked him as<br />
he stepped out of the vehicle, dousing the<br />
car with gasoline and setting it on fire.<br />
Independent journalist Ramazan Eser -<br />
gepov sought refuge at a United States<br />
consulate in December from members of<br />
Kazakh’s National Security Committee<br />
(KNB). They had tried to force him into<br />
a car, allegedly to take him for questioning.<br />
The KNB was hounding Esergepov<br />
after his 21 November article headlined<br />
“Who really runs the country: the president<br />
or KNB?” appeared in Esergepov’s<br />
weekly Alma Ata Info. The article was<br />
based on a leaked KNB memo, resulting<br />
in KNB operatives raiding Esergepov’s<br />
house and confiscating several computers,<br />
mobile phones and documents, in an<br />
effort to track down the source of the<br />
leak.<br />
RSF condemned the aggressive intimidation<br />
of the journalist. “The pressure<br />
applied to Esergepov was all out of proportion.<br />
The confidentiality of a repor -<br />
ter’s sources is one of the pillars of investigative<br />
journalism. Protection is vital.”<br />
The print edition of Alma Ata Info was<br />
shut down for two weeks by the KNB,<br />
although the online edition continued its<br />
news service.<br />
Kazakhstan places 125th of 169 countries<br />
in the RSF <strong>Press</strong> Freedom index.<br />
Despite the low ranking, the nation is<br />
still in line to chair the OSCE in 2010.<br />
Kazakhstan will be the first ex-Soviet<br />
country to assume the rotating chairmanship,<br />
and won the right by promising a<br />
package of reforms regarding elections<br />
and media law. The function of the<br />
OSCE is to protect and defend human<br />
rights, including freedom of the press.<br />
But watchdog groups have spoken out<br />
against the decision, claiming the coun-<br />
Kazakhstan's Prime Minister Karim Masimov speaks during an<br />
interview with Reuters in Astana.(Reuters / Ho New)<br />
try has only made “superficial” changes.<br />
According to New York-based Human<br />
Rights Watch, for example, “when it<br />
comes to exercising fundamental rights<br />
such as [...] press freedom, Kazakhstan’s<br />
people live in an atmosphere that is far<br />
more circumscribed and fearful than in<br />
a country that meets its human rights<br />
obligations.”<br />
Punishments also<br />
include the clampdown<br />
of presses and seizure<br />
of office equipment,<br />
often for a civil offence,<br />
and often undertaken<br />
without a court order<br />
In the last two years, attempts at<br />
media law reform were blocked by the<br />
government. Under pressure from the<br />
OSCE, the government organised a<br />
roundtable in February consisting of<br />
both parliament members and NGO representatives.<br />
The group met once, and a<br />
draft law was put before parliament in<br />
November.<br />
Contentious issues regarding the draft<br />
media law are include its weak reform of<br />
provisions concerning registration of the<br />
mass media, and those concerning libel<br />
and defamation.<br />
Regarding media registration, any<br />
print, radio or television media outlet<br />
wishing to operate in Kazakhstan must<br />
first register with the Ministry of Culture,
Information and Sports. The registration<br />
applications for print are often denied,<br />
which is considered a form of censorship.<br />
Registration of mass media conflicts with<br />
OSCE standards. The proposed changes<br />
to the law would eliminate the need for<br />
radio and television media to register. But<br />
since the majority of broadcast outlets are<br />
already owned and controlled by the<br />
president’s allies and family, registration<br />
is nearly a non-issue.<br />
Websites are another matter. They are<br />
registered under the Agency for Informa -<br />
tion and Communication, which handles<br />
new technology. To register, the site<br />
owners must agree to use state-owned<br />
KazakhTelecom. This allows the state to<br />
“pull the plug” on any website at any<br />
time. The OSCE has cited Kazakhstan<br />
several times for web censorship. Several<br />
sites critical of the government have been<br />
shut down for months, and access to<br />
Radio Free Europe/Radio Liberty online<br />
has recently been curtailed.<br />
Regarding criminal defamation, plans<br />
for its decriminalisation have stalled.<br />
Government officials say that the new<br />
media plan eases the criminal code. But<br />
media advocates say that the proposal still<br />
leaves journalists vulnerable, citing that<br />
civil suits brought before the court can<br />
(and do) financially cripple a reporter.<br />
Furthermore, there is currently no cap<br />
on fines. Hefty fees are levied against<br />
reporters and their newspapers for alleged<br />
transgressions, essentially devastating<br />
news operations. Punishments also in -<br />
clude the clampdown of presses and<br />
seizure of office equipment, often for a<br />
civil offence, and often undertaken without<br />
a court order.<br />
Kazakhstan in Brief<br />
Regardless of the media law enacted,<br />
the issue of intimidation and violent<br />
threats as a means of censorship is<br />
the most significant obstacle to a free<br />
and independent media taking root in<br />
Kazakhstan.<br />
Recommendations<br />
Bring those responsible for threatening<br />
and attacking journalists to justice.<br />
Remove provisions in Kazakh<br />
media law requiring the registration<br />
of mass media.<br />
Remove oppressive restrictions<br />
on website owners.<br />
Remove all forms of criminal defamation<br />
from existing legislation.<br />
Population: 15.3 million<br />
Domestic Overview: Kazakhstan declared independence from the<br />
Soviet Union in 1991, becoming the world’s largest landlocked country.<br />
Despite some reform since then, the country still has some way to go<br />
before it can be considered a genuine, modern democracy. Nursultan<br />
Nazarbayev has been the sole President since independence, re-elected<br />
by landslide majorities in both 1997 and 2004 in votes considered flawed<br />
by most observers. In 2007, term limits for Nazarbayev were removed,<br />
meaning he may well remain in power for many years to come.<br />
Beyond Borders: Kazakhstan is due to take over the OSCE rotating<br />
chairmanship in 2010, although human rights standards in the country<br />
presently fall short of those demanded by the organisation.<br />
Kazakhstan has stable relations with all its neighbouring countries.<br />
Kyrgyzstan<br />
by Patti McCracken<br />
Kyrgyzstan is one of the poorest countries<br />
of the former Soviet bloc, en -<br />
joying none of the oil-driven prosperity<br />
of regional counterparts such as Kazakh -<br />
stan or Azerbaijan. However, following<br />
the 2005 Tulip Revolution, some pro -<br />
gress was made in the field of human<br />
rights, and the country became something<br />
of a positive leader among its<br />
neighbours – particularly with regards to<br />
press freedom. Sadly, this trend has seen<br />
as about turn in the last two years, with<br />
concerted and brash efforts by the government<br />
to censor the media. Legal protection<br />
has become increasingly unstable<br />
and unreliable, in part due to a standoff<br />
in parliament between the ruling and<br />
opposition parties. The decriminalization<br />
of libel failed to pass into law. And,<br />
although strides were made towards privatisation<br />
of radio and television, Kyrgyz<br />
President Kurmanbek Bakiyev – or individuals<br />
with long-term ties to him – still<br />
control the executive boards.<br />
All transmissions from<br />
Radio Free Europe/Radio<br />
Liberty (RFE/RL) into the<br />
country were suspended<br />
after the Kyrgyz government<br />
withdrew RFE/RL’s<br />
broadcasting rights<br />
<strong>On</strong>e of the most significant and troubling<br />
blows to independent journalism in<br />
Kyrgyzstan was dealt in October, when<br />
all transmissions from Radio Free Eu -<br />
rope/Radio Liberty (RFE/RL) into the<br />
country were suspended after the Kyrgyz<br />
government withdrew RFE/RL’s broadcasting<br />
rights. The reason cited for the<br />
withdrawal was alleged unpaid debts.<br />
However, Melis Eshimkanov, head of the<br />
Kyrgyz National Television and Radio<br />
Corporation, said in December that<br />
RFE/RL’s programs were “too negative<br />
and too critical” of the government, and<br />
that its programs would have to be submitted<br />
for prior, governmental approval<br />
before broadcasting can resume.<br />
“When faced with an ailing and<br />
deeply corrupt economy and countrywide<br />
power cuts, the best the Kyrgyzstani<br />
government can do is crack down on one<br />
of the most reliable, independent sources<br />
of information in the country,” said Jeff<br />
Goldstein, Freedom House senior pro-<br />
37
38<br />
Presidents of ex-Soviet nations which are members of the Commonwealth of Independent States (CIS), from left, CIS Executive Secretary<br />
Sergei Lebedev, Artur Rasizade Prime Minister of Azerbaijan, Serge Sarkisian of Armenia, Alexander Lukashenko of Belarus, Nursultan<br />
Nazarbayev of Kazakhstan, Kurmanbek Bakiyev of Kyrgyzstan, Vladimir Voronin of Moldova, Dmitry Medvedev of Russia, Gurbanguli<br />
Berdymukhamedov of Turkmenistan, Islam Karimov of Uzbekistan, Emomali Rakhmon of Tajikistan, Raisa Bohatyreva, head of Ukrainian<br />
Security Council pose at the Summit of leaders from the Commonwealth of Independent States (CIS) at Kyrgyz President's residence<br />
outside Bishkek, Kyrgyzstan, Friday, Oct. 10, 2008. (AP/Alexander Zemlianichenko)<br />
gram manager for Central Asia. “This<br />
clumsy attempt at censorship is unfortunate<br />
and ultimately self-defeating.” Un -<br />
fortunately, neither the protests from<br />
NGOs such as Freedom House, Com -<br />
mit tee to Protect Journalists or RSF, nor<br />
the calls from the OSCE or the U.S. State<br />
Department, have been able to reverse<br />
the action.<br />
RFE/RL has been a significant source<br />
of news and information for the Kyrgyz<br />
people for more than 50 years, transmitting<br />
to the country through Radio<br />
Azattyk. Azattyk itself also produces two<br />
popular television news shows, namely<br />
“Inconvenient Questions” and “Azattyk<br />
Plus”, which mysteriously disappeared<br />
from broadcasting schedules in Decem -<br />
ber. In addition to the moves against<br />
RFE/RL and Azattyk, the Kyrgyz-language<br />
radio service of the BBC was also<br />
pulled off the air in December by government<br />
order.<br />
This censorship of independent radio<br />
broadcasters capped a year which saw a<br />
steady clampdown on the press, with<br />
individuals at several independent news<br />
outlets questioned and threatened be -<br />
cause of editorial content. An example of<br />
such pressure was the move against<br />
Rakhmanzhan Islamov, founder of a local<br />
radio station, who was called in to the<br />
Tokmak offices of the State National<br />
Security Committee for questioning in<br />
December. Agents allegedly threatened<br />
Islamov, demanding that he halt his<br />
investigation into the robbery of a local<br />
branch of the national bank.<br />
Authorities raided the<br />
offices of De Facto<br />
and confiscated financial<br />
records and computer<br />
equipment while sealing<br />
off the newsroom<br />
Russia-based press freedom organisation<br />
the Center for Journalists in Extreme<br />
Situations reports that journalists are frequently<br />
summoned for questioning by<br />
the Security Committee, citing, along<br />
with the case of Islamov, the examples of<br />
Vadim Nochevkin and Turat Akimov.<br />
Agents questioned Nochevkin in relation<br />
to an article of his appearing in the weekly<br />
Delo N, and told him that the article<br />
was “poorly written.” Akimov, editor-inchief<br />
of the Reporter newspaper, was also<br />
called in to answer questions regarding<br />
the content in his publication. Further -<br />
more, an article about the poor quality of<br />
flour imports from China brought extensive<br />
interrogation to the reporters at independent<br />
news agency 24.kg, and, in June,<br />
authorities raided the offices of De Facto,<br />
an independent Bishkek-based newspaper,<br />
and confiscated financial records and<br />
computer equipment while sealing off<br />
the newsroom. The raid was linked to an<br />
article printed by the newspaper alleging<br />
government corruption. Such action conflicts<br />
with Kyrgyz media law, Article 8<br />
of which forbids interference in the work<br />
of a journalist.<br />
Another significant restriction placed<br />
on the Kyrgyzstan media came from the<br />
parliament, when a broadcast bill that<br />
will increase the government’s power and<br />
influence over the media passed into law<br />
in June. The new law gives the president<br />
the right to appoint chief executives to<br />
KTR, the state-controlled television and
adio station. KTR is supposed to be<br />
trans forming into a public broadcaster.<br />
This law effectively strengthens the state’s<br />
grip on the broadcast media.<br />
The investigation into the 2007 murder<br />
of journalist Alisher Saipov was suspended<br />
again this year, after authorities<br />
claimed all leads had turned cold. Saipov,<br />
a 26-year-old ethnic-Uzbek, was editor of<br />
the popular weekly newspaper Siosat –<br />
a highly critical periodical that Uzbek<br />
businessmen often smuggled into neighbouring<br />
Uzbekistan, a country devoid of<br />
independent media. Although the Kyrgyz<br />
authorities promised to track down the<br />
killers, political will soon waned. At the<br />
behest of media NGOs across the world,<br />
the investigation was twice re-opened,<br />
but has as yet yielded no results.<br />
Recommendations<br />
Return broadcasting rights to<br />
independent radio broadcasters.<br />
Resume moves towards the privatisation<br />
of KTR, ensuring that loopholes<br />
do not exist allowing for government<br />
control of editorial content.<br />
Reverse the requirement for RFE/RL<br />
to submit its material for priorapproval<br />
from the government.<br />
Ensure that journalists are left free<br />
to report and investigate without<br />
interference from the state security<br />
services.<br />
Kyrgyzstan in brief<br />
Kyrgyz President Kurmanbek Bakiyev listens<br />
to Russian President Dmitry Medvedev in<br />
Bishkek. (Reuters/RIA Novosti)<br />
Population: 5.4 million<br />
Domestic overview: A landlocked Central Asian country bordering on<br />
China to the East and Kazakhstan, Uzbekistan and Tajikistan to the west,<br />
Kyrgyzstan achieved independence from the Soviet Union in August 1991.<br />
The country was controlled by President Askar Akayev until the so-called<br />
“Tulip Revolution” of 2005, the events of which led to Akayev’s resignation<br />
and the election of Kurmanbek Bakiyev. Sadly, politics have remained<br />
tense in this impoverished nation, with frequent demonstrations calling<br />
for Bakiyev’s resignation for failure to fulfil his promises, and the murder<br />
of several parliamentarians in recent years.<br />
Beyond borders: Despite some border disputes with Tajikistan and Uz -<br />
bekistan, Kyrgyzstan maintains close relations with former soviet countries.<br />
Kyrgyzstan is also home to Manas Air Base, a U.S. military installation<br />
important to Coalition activity in Afghanistan. The country’s principal<br />
exports are nonferrous metals, minerals and agricultural goods to Europe<br />
and Asia, and Kyrgyzstan is a member of the OSCE, the CIS, the Shanghai<br />
Cooperation Organization, the WTO, and the United Nations.<br />
Laos by Nayana Jayarajan<br />
As in previous years, silence and the<br />
lack of information were the main<br />
indicators of the lack of press freedom in<br />
Laos, officially the Lao People’s Demo -<br />
cra tic Republic. The authoritarian, oneparty<br />
state continues to control all media<br />
in the landlocked country, which has<br />
repeatedly been described as having one<br />
of the lowest levels of press freedom in<br />
the world. The ruling communists maintain<br />
strict editorial control over the press,<br />
and the media continue to restrict themselves<br />
to news that is favourable to the<br />
regime.<br />
The ruling Laos People’s Revolution -<br />
ary Party has maintained sole control<br />
over the media since 1975 and, through<br />
its Ministry of Information and Culture,<br />
owns all newspapers and broadcast me -<br />
dia. The state also maintains a monopoly<br />
on newspaper printing rights. Newspaper<br />
circulation figures remain extremely low,<br />
and state-controlled broadcast stations<br />
face heavy competition from channels<br />
broadcasting from Thailand.<br />
The authoritarian,<br />
one-party state continues<br />
to control all media in<br />
the landlocked country<br />
Laos adopted a new Constitution in<br />
1991, which does guarantee the right to<br />
freedom of speech, press and assembly, as<br />
well as the right to set up associations and<br />
to stage demonstrations that are “not<br />
contrary to the laws”. But these rights are<br />
largely acknowledged to be theoretical<br />
only. The penal code establishes strict<br />
penalties for violations of the state’s directives<br />
on the media. Defamation and libel<br />
are criminal offences punishable by incarceration,<br />
as are “propaganda against<br />
the Lao People’s Democratic Republic”<br />
(Article 65), “unlawful production and<br />
possession of radio communication<br />
equipment” (Article 81), and “denigration<br />
of State officials” (Article 159).<br />
The secretive ruling party continues to<br />
exert strong control over the media, even<br />
though central censorship is no longer<br />
practiced. Foreign journalists seeking to<br />
enter Laos must apply for a special visa<br />
and are accompanied by official escorts<br />
throughout their stay. Editors are government<br />
appointees assigned to ensure that<br />
the media functions as a link between the<br />
party and the people. All editors are<br />
39
40<br />
Hmong hilltribe refugee cooks in temporary<br />
shelter after being forced to abandon their<br />
homes in 2005. (Reuters/Chaiwat Subprasom)<br />
mem bers of the Lao Journalists Associa -<br />
tion, presided over by the Minister of<br />
Information and Culture, and journalists<br />
receive salaries from the government.<br />
Perhaps the best illustration of the<br />
complete lack of press freedom in Laos<br />
continues to be the plight of the Hmong<br />
people. Persecuted because of their pro-<br />
American, anti-communist stance during<br />
the civil war that engulfed the country in<br />
the 1970s, many Hmong retreated to<br />
remote mountain jungles to avoid persecution.<br />
Despite Hmong testimonies, re -<br />
Laos in Brief<br />
ports from Medicines Sans Frontieres,<br />
and physical evidence of torture and<br />
armed violence, the Laos government still<br />
denies persecuting or discriminating<br />
against the Hmong. Thousands of Hmong<br />
have fled to neighbouring Thailand as<br />
refugees, where over 8000 of them now<br />
live in makeshift refugee camps. Thai au -<br />
thorities, who call Lao Hmong asylumseekers<br />
“illegal immigrants”, have never<br />
allowed the UN Refugee Agency (UN -<br />
HCR) access to the camps, and the Lao<br />
Hmong are in constant fear that they will<br />
be returned.<br />
The Lao and Thai governments agreed<br />
in February 2008 to return them to Laos<br />
by the end of the year. According to<br />
Amnesty <strong>International</strong>, the Thai authorities<br />
returned 837 Lao Hmong asylum-<br />
Population: 6.7 million<br />
Domestic Overview: Laos, one of the world’s few remaining communist<br />
states, is one of Asia’s poorest countries. Communist forces, led by the<br />
Pathet Lao, overthrew the monarchy in 1975, after a protracted civil war.<br />
Laos denies accusations of abuses by the military against the ethnic<br />
minority Hmong. Hmong groups have been fighting a low-level rebellion<br />
against the communist regime since 1975.<br />
Beyond Borders: Since the collapse of the Soviet Union in 1991,<br />
Laos has struggled to find its position within a changing political and<br />
economic landscape. Long isolated, it began opening up to the<br />
world in the 1990s, but despite tentative reforms, it remains poor and<br />
dependent on international donations.<br />
Hmong hilltribe refugees cry and beg as they too are forced to abandon their houses at Ban<br />
Huan Nam. (reuters/Chaiwat Subprasom)<br />
seekers to Laos on 22 June 2008, claiming<br />
that the group was going voluntarily.<br />
“No independent monitors were present,<br />
and it is likely that some of the group<br />
were coerced into returning. Some are at<br />
risk of torture,” Amnesty <strong>International</strong><br />
indicated. Amnesty further stated that<br />
“three groups have been repatriated since<br />
the February 2008 agreement: 11 people<br />
on 28 February, 67 on 10 April and 59<br />
on 30 May. Some of the first group were<br />
forcibly returned, including a mother<br />
whose children were left behind at the<br />
camp. The second group appear to have<br />
been migrant workers who returned voluntarily.”<br />
Editors are government<br />
appointees assigned to<br />
ensure that the media functions<br />
as a link between<br />
the party and the people.<br />
Journalists receive salaries<br />
from the government<br />
Interestingly, the only reports in The<br />
Vientiane Times, the state-run English<br />
lan guage newspaper in Laos, and on staterun<br />
TV channels, have centered around<br />
this second group. An extract from a re -<br />
port dated 30 April 2008 in The Vientiane<br />
Times describes the reaction of one of the<br />
returning migrants as follows: “He now<br />
acknowledges he made the wrong deci-
sion by going to Thailand illegally, as he<br />
wasted three years there instead of working<br />
and improving his living conditions in<br />
Laos. He says he is lucky that he still has<br />
his farmland and house in Laos.” The<br />
report further quotes the individual as<br />
stating that he is “hap py” to be back in his<br />
“home country”, and that he decided to<br />
return “after re ceiving information that<br />
returning Hmong migrants were welcom -<br />
ed in Laos.”<br />
Amnesty <strong>International</strong>, meanwhile,<br />
points out that international observers<br />
and NGOs have no access to repatriated<br />
Hmong, and that the whereabouts of<br />
most are not known.<br />
Recommendations<br />
Enact a law allowing the establishment<br />
of private media organizations.<br />
Increase access for foreign journalists.<br />
Decriminalize defamation and libel.<br />
Malaysia by Naomi Hunt<br />
Malaysian media, to quote one dissident<br />
journalist, face laws and res -<br />
trictions that “stifle fundamental liberties.”<br />
National security laws have been<br />
used to detain independent journalists as<br />
well as political opponents. The most<br />
notorious is the Internal Security Act<br />
(ISA) of 1960, which allows that the<br />
home minister order the detention of any<br />
person who is suspected of behaving in a<br />
prejudicial manner toward national<br />
security, the provision of services or<br />
economic life in Malaysia. Furthermore,<br />
arbitrary rules on the issuance of publishing<br />
licences en courage self-censorship.<br />
In April, for example, the Tamil-language<br />
newspaper Makkal Osai (The<br />
People’s Voice) received a letter from the<br />
Home Affairs ministry stating that its<br />
application for a new permit had been<br />
denied. Makkal Osai was known for its<br />
criticism of the Malaysian Indian Con -<br />
gress (MIC), a member of the National<br />
Front coalition that rules the country.<br />
Political use of the publishing leads to<br />
self-censorship. Both the Makkal Osai<br />
and a Mandarin-language newspaper, the<br />
Oriental Daily, toned down critical re -<br />
porting while waiting for permits to be<br />
renewed in the run-up to the March elections.<br />
The Oriental Daily even refrained<br />
from running front-page stories about<br />
the opposition.<br />
In the week of 5 September, three<br />
newspapers were threatened with suspension<br />
for reporting that a leading political<br />
Malaysia in brief<br />
figure called Malaysia’s ethnically Chi -<br />
nese community “squatters.” Sin Chew<br />
Daily reporter Tan Hoon Cheng was ar -<br />
rested a week later under the ISA, and<br />
held for questioning for 16 hours.<br />
Bloggers, meanwhile, are frequent targets<br />
of harassment. <strong>On</strong> 7 August, for in -<br />
stance, Abdul Rashid Abu Baker, who<br />
runs the blog “penarik beca” (trishaw<br />
ped dler), was arrested and released the<br />
next day on bail. He was not officially<br />
charged with a crime, but was accused of<br />
publishing an “insulting” digitally mani -<br />
pulated photo of a police badge.<br />
In a blatant crackdown on free expression,<br />
the government in August ordered<br />
all 21 Internet service providers in Ma -<br />
lay sia to block the Malaysia Today political<br />
blog, the first time that such action<br />
had been taken against a website in the<br />
country. Raja Petra Raja Kamarudin,<br />
foun ding editor of Malaysia Today, has<br />
been detained on several occasions and<br />
forced to contend with a diverse array of<br />
charges.<br />
In August, defamation charges were<br />
filed against the blogger for three items<br />
posted that month in Malaysia Today.<br />
Raja Petra had implicated the deputy<br />
prime minister, the defence minister and<br />
the defence minister’s wife in the killing<br />
of a Mongolian foreign national. A Ma -<br />
laysian court also ordered Raja Petra to<br />
reveal his sources, as well as the identities<br />
of site visitors who had posted comments<br />
that were considered inflammatory.<br />
Population: 25.3 million<br />
Domestic Overview: Malaysia gained independence from Britain in 1957.<br />
Its constitution guarantees special privileges for ethnic Malays and other<br />
native groups (the “bumiputera,” or sons of the soil), who are all constitutionally<br />
defined as Muslims. Tension between ethnic Malays, Chinese and<br />
Indians persists.<br />
Politics has been dominated by United Malays National Organisation<br />
(UMNO) since 1957; UMNO is, in turn, the dominant party in the governing<br />
Barisan Nasional (National Front) coalition, which has ruled since 1973.<br />
Abdullah Ahmad Badawi has been prime minister since 2003.<br />
Following corruption allegations and concern over abuses of power,<br />
the March 2008 elections in Malaysia were to be a reckoning.<br />
The National Front coalition lost its super-majority in Parliament,<br />
and five of 13 federal state legislatures went to the opposition.<br />
Beyond Borders: Malaysia is not a signatory of the UN Covenant<br />
on Civil and Political Rights. Malaysia is a founding member of ASEAN<br />
and is active in regional cooperation efforts.<br />
41
42<br />
Raja Petra was detained on 12 Sep -<br />
tem ber under the ISA. His arrest attracted<br />
international attention, with demonstrators<br />
demanding both his release and<br />
the repeal of the ISA. Minister of Legal<br />
Affairs Zaid Ibrahim resigned in protest<br />
over this use of the Security Act.<br />
<strong>On</strong> 22 September, Raja Petra was or -<br />
dered jailed for two years on charges of<br />
insulting Islam and publishing articles in<br />
Malaysia Today that allegedly “tarnished<br />
the country’s leadership to the point of<br />
causing confusion among the people.”<br />
He was eventually released on 14 No -<br />
vem ber, when courts ruled that there<br />
were insufficient grounds for his continued<br />
detention.<br />
In a blatant crackdown<br />
on free expression, the government<br />
in August ordered<br />
all 21 Internet service<br />
providers in Malaysia to<br />
block the Malaysia Today<br />
political blog<br />
Meantime, Raja Petra’s pre-trial hearings<br />
for the three defamation charges be gan in<br />
December; each of the charges could carry<br />
a prison term of up to two years.<br />
<strong>On</strong> 17 September, the Sedition Act<br />
was also used to imprison filmmaker-tur -<br />
ned-blogger Syed Azidi Syed Abdul Aziz.<br />
He had used his blog to poke fun at<br />
Prime Minister Abdullah Ahmad Badawi<br />
by pasting his image into mock movie<br />
posters. He remains in detention, awaiting<br />
trial.<br />
Journalists covering political events,<br />
ranging from demonstrations to party<br />
rallies, are frequently harassed by security<br />
forces. Syed Jaymal Zahiid of the news<br />
website Malaysiakini.com was arrested<br />
on 26 January at a demonstration in Kua -<br />
la Lumpur for reportedly asking a police<br />
officer for information regarding several<br />
arrests. He was in custody for two days,<br />
where he was reportedly beaten and<br />
charged with “obstructing a police officer,”<br />
an offense that could carry a twoyear<br />
prison term.<br />
<strong>On</strong> 4 August, photographer Loh Ho -<br />
ay Hoon was assaulted by bodyguards of<br />
opposition figure Anwar Ibrahim for trying<br />
to photograph the politician. <strong>On</strong> 16<br />
August, photojournalists Mohamad Na -<br />
fiz and Halim Berbar were attacked by<br />
around 20 supporters of the opposition<br />
People’s Justice Party (PKR). Mohamad<br />
was attacked when the PKR supporters<br />
saw him film them heckling the passengers<br />
of a passing National Front vehicle;<br />
when Berbar tried to help him, he too<br />
came under attack.<br />
Following these incidents, the Cabinet<br />
met to discuss the safety of journalists.<br />
But observers pointed out that government<br />
action to protect journalists was<br />
taken only when the perpetrators were<br />
from the PKR opposition, and not when<br />
harassment comes from members of parties<br />
in the ruling coalition. Critics say this<br />
represents a double-standard.<br />
Four months later, two Tamil daily<br />
journalists were harassed while covering<br />
an MIC party dinner. According to the<br />
Centre for Independent Journalism,<br />
party leader S. Samy Vellu cut short his<br />
speech because no one was listening; on<br />
his way out, he warned the reporters not<br />
to cover the incident. He and his bodyguard<br />
threatened the men and forced<br />
them to erase their pictures.<br />
<strong>On</strong> 26 November, after a legal battle<br />
spanning 13 years, activist Irene Fer nan -<br />
dez was acquitted of “publishing false<br />
news.” Fernandez’s saga began in 1996,<br />
one year after publication of a memorandum<br />
entitled “Abuse, Torture and Dehu -<br />
manised Conditions of Migrant Workers<br />
in Detention Centres,” which documented<br />
incidences of torture and death at<br />
camps filled with undocumented mig -<br />
rants. Instead of investigating practices at<br />
these camps, authorities arrested the<br />
activist. In 2003, she was sentenced to a<br />
year in prison but released on bail pending<br />
appeal; the prosecution decided not<br />
to challenge her appeal.<br />
Malaysian media continue to face<br />
strict censorship. Raja Petra explained to<br />
IPI the major legal obstacles to free<br />
speech that he and his colleagues face:<br />
“The ISA has always been a problem.<br />
[But] there are a host of other laws that<br />
stifle fundamental liberties.<br />
“We have the Emergency Ordinance,<br />
the Sedition Act, the Police Act, the<br />
Official Secrets Act, the Publication and<br />
Printing <strong>Press</strong>es Act, the Societies Act,<br />
the University and University Colleges<br />
Act, and many more. Then they can<br />
charge you for criminal defamation, for<br />
insulting Islam, for insulting the leaders,<br />
for causing racial disharmony; in short,<br />
for anything under the sun.”<br />
Malaysian Prime Minister Abdullah Ahmad<br />
Badawi (AP/Lai Seng Sin)<br />
Anti-ISA activist shaves his head to show<br />
support for those detained under ISA in<br />
Kuala Lumpur (Reuters/Zainal Abd Halim)<br />
Recommendations<br />
Halt the practice of using national se -<br />
curity legislation to censor journalists.<br />
Respect the right of journalists to<br />
practice their profession without fear<br />
of attack or harassment.<br />
Stop withholding or threatening<br />
to suspend publishing licences, as a<br />
means of exercising editorial control.
NOTES FROM THE FIELD : MALAYSIA : NOTES FROM THE FIELD<br />
RPK on the internet and politics…<br />
In 1998, when the REFORMASI movement<br />
first burst onto the scene, there<br />
were 280,000 internet subscribers against<br />
8 million registered voters. <strong>On</strong> 8 March<br />
2008, there were about 14 million internet<br />
subscribers against 11 million registered<br />
voters. The internet is probably the<br />
main source of news for most Malaysians<br />
who no longer trust the mainstream<br />
media, especially the young.<br />
Today, the internet is very much a part<br />
of politics. It is too late for the government<br />
to do anything about it. They know they<br />
can’t beat it, so now they want to join it.<br />
RPK on former Prime Minister<br />
Maha thir’s comment that the ISA<br />
should be used against corrupt<br />
UMNO mem bers, and not “for some<br />
writer who writes nonsense.”<br />
The ISA should not be used against anyone<br />
– full stop. If we oppose the ISA then<br />
we must oppose its usage in total. We op -<br />
pose rape and murder, whether you rape<br />
and murder our daughters and wives, or<br />
the daughters and wives of our enemies.<br />
It can never be right, even if done to our<br />
enemies. Many want (former PM Maha -<br />
thir) detained under the ISA for what he<br />
did when he was prime minister. I disagree.<br />
No one must be detained without<br />
trial. It not only goes against natural justice,<br />
but also against Islamic teachings.<br />
RPK on public attitudes<br />
toward the ISA…<br />
In a poll some years back, more than 80%<br />
of Malaysians felt there is no freedom of<br />
speech in Malaysia. They agreed that the<br />
government is dictatorial, and that the<br />
ISA is a cruel law. But these same people<br />
felt that Malaysia needed the ISA to guarantee<br />
peace and stability. Public dissent<br />
will not get the ISA abolished. <strong>On</strong>ly a<br />
change of government will.<br />
RPK on whether the election results<br />
are a mandate for reform…<br />
Interview with Editor<br />
Raja Petra Raja Kamarudin<br />
Raja Petra bin Raja Kamarudin is the editor and owner of Malaysia Today, a prominent<br />
news site. He is well known for his political commentary, and actively supports the opposition<br />
in Malaysia. Raja Petra has twice been detained under the Internal Security Act (ISA),<br />
first in 2001 alongside other opposition supporters. In September 2008, he was imprisoned<br />
for two months under the ISA for allegedly insulting Islam. He currently faces several defamation<br />
charges, which carry prison terms.<br />
UMNO still refuse to understand the<br />
rea sons why the ruling coalition did so<br />
badly in the 8 March 2008 general election.<br />
UMNO will not change, because<br />
they do not accept the fact that people<br />
swung to the opposition because of the<br />
arrogance of those in power.<br />
UMNO sees the media, especially the<br />
alternative media, as the enemy. Ex pect<br />
tighter laws, not a freer media. Clo ser to<br />
the next general election there will be a<br />
massive clampdown to prevent a repetition<br />
of 8 March 2008. They do not wor ry<br />
too much about the mainstream or print<br />
media because they practice heavy selfcensorship.<br />
Those that don’t, lose their<br />
licences, which are re newable every year.<br />
Which comes first in Malaysia,<br />
political change or press freedom?<br />
We need a paradigm shift of thinking, a<br />
mental revolution if you wish. Malaysia’s<br />
political culture has been one of fear. The<br />
government puts fear in the hearts of the<br />
Chinese and Indians that voting for the<br />
opposition risks another ‘May 13’ – meaning<br />
race riots. Then they put fear in the<br />
hearts of the Malays that if UMNO loses<br />
power they face a bleak future of life as second-class<br />
citizens. This very old and successful<br />
strategy of divide and rule goes back<br />
to long before independence in 1957.<br />
With press freedom, the truth can<br />
never be hidden. When the people saw,<br />
in November 2007, Malays, Chinese and<br />
Indians walking side-by-side in the<br />
BERSIH march to the King’s palace, they<br />
realised different ethnicities can stand as<br />
brothers and sisters if they want to.<br />
So, there can be no political change<br />
without press freedom and there can be<br />
no press freedom without political chan -<br />
ge. Both are like peas in a pod. <strong>On</strong>e can’t<br />
happen without the other.<br />
RPK on the drive to tell truth<br />
to power, and his status as a free<br />
speech icon…<br />
I suppose I have always been a ‘street’ person<br />
since when I was a teenager. We re -<br />
belled against anything that smacks of the<br />
establishment. I am still the kid I was back<br />
in the 1960s. My friends call me Hippie<br />
Tua (Old Hippie). Maybe that is why I do<br />
what I do. It has become a natural instinct<br />
for me to go against authority.<br />
Many do what I do, but I would say<br />
that most do it out of a sense of duty. It<br />
is like a moral responsibility. I probably<br />
do it for the heck of it. I just want to<br />
oppose. Anyway, show me a government<br />
that does not deserve opposing.<br />
The celebrity status is not all ‘good<br />
news’. The more they turn me into an<br />
icon the more I am viewed as a threat to<br />
the government and the more chances I<br />
have of being sent to jail or of being<br />
detained without trial.<br />
RPK on how constant legal<br />
battles and imprisonment have<br />
changed him…<br />
No change. I have not toned down one<br />
bit or mellowed. It is the same old Raja<br />
Petra Kamarudin. And I take no shit<br />
from anyone.<br />
I still face the prospect of being redetained<br />
under the ISA if the government<br />
wins its appeal against my release. I<br />
also face four other charges with a total<br />
maximum jail term of 11 years.<br />
The government can also charge me<br />
for new criminal offences, this interview<br />
being one if they want to get me.<br />
My priorities remain the same. I want<br />
to eliminate racism and see the birth of<br />
a two-party system in Malaysia. I also<br />
want to see abuse of power, corruption,<br />
manipulation of the judicial system,<br />
police brutality, and so on, eliminated.<br />
We need free dom of speech, thought, as -<br />
sembly and association. We want a transparent<br />
and accountable government. To<br />
achieve that, we must speak out without<br />
fear or favour. There is no other way.<br />
43
44<br />
Republic of Maldives by Nayana Jayarajan<br />
Maldives’ first democratically elected President Mohamed Nasheed speaks at his swearing<br />
in ceremony in Male. (Reuters/Stringer)<br />
This year witnessed the end of the 30year-reign<br />
of President Maumoon<br />
Abdul Gayoom in November. In a pathbreaking<br />
election, the people of this tiny<br />
island nation (population 386,000) cast<br />
a conclusive vote for change, voting<br />
Mohammed Nasheed, a former political<br />
prisoner and journalist, into power.<br />
Gayoom, who was elected president in<br />
1978 with a 92.96% majority, remained<br />
in power for 30 years, winning six “yes/<br />
no” referendums with absolute ma jori -<br />
ties. During his time as president, according<br />
to Amnesty <strong>International</strong>, “there were<br />
severe restrictions on (the) freedom of the<br />
press, and political parties were unable to<br />
function.” Gayoom was often accused of<br />
nepotism, and several of his family members<br />
held cabinet posts and other important<br />
positions. In 2003, riots erupted in<br />
the country, following the killing of a<br />
The Maldives in brief<br />
prisoner by prison guards. Gayoom de -<br />
clared a state of emergency that lasted<br />
over a month.<br />
Defamation remains a<br />
criminal offence in the<br />
Maldives. Several journalists,<br />
including the current<br />
president, have been tried<br />
and sentenced under this<br />
clause in the past<br />
Opposition to Gayoom emerged in<br />
2001, with the formation of the Mal di -<br />
vian Democratic Party (MDP). Although<br />
political parties were permitted by the<br />
Maldivian constitution, the MDP was<br />
not allowed to register until 2005, when<br />
the 50 member Majlis (Council) voted<br />
Population: 386,000<br />
Domestic Overview: Located in the Indian Ocean and composed of 26<br />
atolls, the Maldives became independent in 1965. In 1968, the monarchy was<br />
abolished and replaced by a republic. From 1978 to 2008, the country was<br />
governed by Maumoon Abdul Gayoom. In 2008, Gayoom was replaced by<br />
President Mohammed Nasheed, a former political prisoner and journalist.<br />
Beyond Borders: The Maldives is a member of the Organization of the<br />
Islamic Conference (OIC) and the Non-Aligned Movement (NAM). In 2009,<br />
Maldives will host the 16th annual South Asian Association for Regional<br />
Cooperation (SAARC) summit. The country is at risk from rising sea levels<br />
due to global warming.<br />
A woman cast her vote in the first ever multi<br />
party democratic presidential elections held<br />
in Male. (Reuters/Stringer)<br />
unanimously to allow political parties to<br />
operate freely. The leader and co-founder<br />
of the MDP, Mohammed Nasheed, is a<br />
freelance journalist, and an assistant editor<br />
of the anti-government paper, Sangu.<br />
He has been arrested and imprisoned several<br />
times for critical comments opposing<br />
government policies on charges that have<br />
ranged from defamation to withholding<br />
information, to talking to unauthorized<br />
people while under house arrest to en -<br />
dangering the peace and stability of the<br />
country. In 1996, Amnesty <strong>International</strong><br />
declared Nasheed an “<strong>International</strong><br />
Prisoner of Conscience.” The newspaper<br />
that he co-founded in 1990 was banned<br />
after only seven issues for allegedly inciting<br />
a rift between the government and<br />
the citizens.<br />
In October 2008, the Maldives conducted<br />
the country’s first ever multi-party<br />
elections. No candidate gained a clear<br />
majority in the election, but a 54% ma -<br />
jority in a runoff gave Nasheed the presidency.<br />
He was sworn into power on 11<br />
November 2008, the 30th anniversary of<br />
Gayoom’s reign.<br />
In another positive development, the<br />
new constitution of Maldives, ratified in<br />
August 2008, contains a comprehensive<br />
clause on the freedom of the media,<br />
which states, “Everyone has the right to<br />
freedom of the press, and other means of<br />
communication, including the right to<br />
espouse, disseminate and publish news,<br />
information, views and ideas. No person<br />
shall be compelled to disclose the source
of any information that is espoused, disseminated<br />
or published by that person.”<br />
In October, the Majlis also passed a<br />
bill on the establishment of a Media<br />
Coun cil in the Maldives. According to<br />
the website of the President’s Office, the<br />
objective of the Maldives Media Council<br />
shall be “to establish and preserve the<br />
freedom of media in the Maldives; to<br />
keep under review matters contravening<br />
this freedom and taking remedial measures;<br />
to build up a code of practice and a<br />
code of conduct for the people working<br />
in the media; to ensure people working in<br />
the media behave responsibly and ethically;<br />
and to conduct inquiries into complaints<br />
filed with the Council concerning<br />
abuse of rights.” This bill forms one of<br />
four media reform bills – on freedom of<br />
information, broadcasting, media councils<br />
and press freedom – that have been in<br />
the works for a number of years now.<br />
However, it must also be noted that<br />
much remains to be done to ensure that<br />
the Maldives is able to attain a truly free<br />
media. It has been pointed out that the<br />
Freedom of Information Bill and the<br />
Broadcasting Bill could be used to control<br />
the media, since both will invest<br />
power to oversee the media in a government<br />
body, rather than an independent<br />
authority. In the case of the Broadcasting<br />
Bill, the Information Minister, and not<br />
the Independent Commission on Broad -<br />
casting, would be awarded the primary<br />
power to impose powers on broadcasters.<br />
This contravenes the international norm,<br />
which recommends that a body with the<br />
authority to oversee the media must al -<br />
ways be independent of the government.<br />
In addition, defamation remains a<br />
criminal offence in the Maldives. Several<br />
journalists, including the current president,<br />
have been tried and sentenced<br />
under this clause in the past. It is to be<br />
hoped that President Nasheed, given his<br />
personal experience of the consequences<br />
of government oppression of media persons,<br />
will take steps to ensure that these<br />
shortcomings are addressed as early as<br />
possible.<br />
Recommendations<br />
Transfer responsibility for the oversight<br />
of media from the Ministry of<br />
Information to an independent body<br />
Decriminalise defamation<br />
Mongolia by Nayana Jayarajan<br />
Mongolia’s press freedom record,<br />
which has seen more or less consistent<br />
improvement in the last few years,<br />
suffered a setback in 2008 as a result of<br />
the chaos that overtook the country during<br />
the parliamentary elections in June.<br />
Mongolia conducted legislative elections<br />
on 29 June, with 356 candidates<br />
running for 76 seats. A report by Globe<br />
<strong>International</strong>, a Mongolian NGO that<br />
was monitoring the elections, found that,<br />
“from a mass media perspective, the<br />
Parliamentary Election of 2008 was held<br />
under significantly altered conditions as<br />
compared to previous Elections. Compa -<br />
ratively increased quantities of broadcasting,<br />
an established Public Radio and<br />
Broadcasting System, approved Princi p -<br />
les of Mongolian Journalists, relatively<br />
inflexible restricted time on broadcast of<br />
advertisements that linked to the election,<br />
and, for the first time, approved<br />
principles for media employees on re -<br />
porting the electoral events and an established<br />
Board of Mass Media meant that<br />
conditions for the 2008 election deviated<br />
substantially from previous years.”<br />
However, when the Mongolian Peop -<br />
le’s Revolutionary Party (MPRP) conve -<br />
ned a press conference on 30 June to<br />
announce that they had won with an<br />
absolute majority, the opposition parties<br />
Mongolia in brief<br />
challenged the results, alleging that the<br />
elections had been rigged. An opposition<br />
demonstration on 1 July outside the<br />
MPRP offices quickly turned violent,<br />
and demonstrators vandalized the building<br />
before setting fire to it. Riots erupted,<br />
and at midnight the same day, President<br />
Nambaryn Enkhbayar declared a state of<br />
emergency to be in effect for the following<br />
four days. As part of the crackdown,<br />
a media blackout was put in place, and<br />
no television channels excepting those<br />
run by the state were permitted to function.<br />
Several journalists questioned the<br />
legal basis for a media black-out in a state<br />
of emergency. In fact, the constitution of<br />
Mongolia explicitly states, “In case of a<br />
state of emergency or war, the human<br />
rights and freedoms as defined by the<br />
Constitution and other laws are subject<br />
to limitation only by a law” (Article 19).<br />
However, the Mongolian regime relied<br />
on a clause within the Law on State of<br />
Emergency (1995), which provides that<br />
“in case of an emergency regime, measures<br />
can be taken to confiscate temporarily,<br />
to control or to terminate media outlets”<br />
(Article 16.1.4). It has been noted<br />
that this provision is very broad, and provides<br />
opportunities for abuse by the<br />
authorities.<br />
Population: 3 million<br />
Domestic Overview: The Mongol tribes were united in the 13th century<br />
by Genghis Khan and soon controlled the largest empire in the world.<br />
Less than a hundred years later, the empire began to disintegrate and by the<br />
18th century the Mongols were under the control of Manchu China. When<br />
China’s Qing dynasty collapsed in 1911, Mongolia again became independent.<br />
In 1924, however, Mongolia became the world’s second communist<br />
country, and for much of the next 70 years it was a Soviet client state.<br />
A period of democratic reform was initiated in 1990, following the disinte -<br />
gration of the Soviet Union. After pro-democracy protests, the Mongolian<br />
People’s Revolutionary Party (MPRP) amended the constitution to allow for<br />
multiparty elections. In 1992, a new constitution was adopted which effectively<br />
transformed the country into an independent, democratic state. Par -<br />
liamentary elections were held in 1992, 1996 and 2000. The MPRP has been<br />
in power from 1992-1996, and from 2000-2008. The MPRP retained power in<br />
the June 2008 elections among allegations of vote-rigging by the opposition.<br />
Beyond Borders: In the wake of the collapse of the former Soviet Union,<br />
Mongolia has been moving away from its former ties to Eastern Europe and<br />
pursuing a more active role in the East Asian region. Mongolia is seeking<br />
membership in APEC and became a full participant of the ASEAN Regional<br />
Forum in 1998. Mongolia also joined the Pacific Economic Cooperation<br />
Council in 2000.<br />
45
46<br />
A man walks past the Mongolian People's Revolutionary Party building which was set on fire<br />
by protesters during clashes in Ulan Bator. (Reuters/Stringer)<br />
Several journalists were injured in the<br />
violence that followed the elections.<br />
Byamba-Ochir B., a photographer with<br />
the newspaper Unuudur was covering a<br />
demonstration in front of the MPRP<br />
building when it escalated into a fullscale<br />
riot. He suffered serious head<br />
injuries and was admitted to the Trauma<br />
Orthopaedic Centre in Ulan Bator,<br />
where he underwent surgery on an<br />
epidural haematoma and to remove bone<br />
fragments lodged in his brain. He<br />
requires further surgery in a procedure<br />
that cannot be performed in Mongolia.<br />
As part of the crackdown,<br />
a media blackout was<br />
put in place, and no tele -<br />
vision channels excepting<br />
those run by the state were<br />
permitted to function<br />
H. Erdenebulgan of the National Ra -<br />
dio and TV broadcaster was also severely<br />
injured while covering protests by opposition<br />
supporters in the capital. A Japa -<br />
nese journalist working for Fuji TV was<br />
also attacked. Equipment belonging to<br />
several media organisations was damaged,<br />
and the headquarters of the newspapers<br />
Hummuussiin Amidral, Humuus<br />
and Unnudriin Mongol were destroyed<br />
when protesters set fire to the buildings<br />
in which they were located.<br />
In another disturbing development,<br />
Mongolian police demanded that several<br />
television channels hand over footage<br />
recorded during the riots so that it could<br />
be used as evidence against over 700 suspects<br />
arrested in the course of the State<br />
of Emergency. The footage was then<br />
broadcast, unedited, on the state-run television<br />
channel, which was the only<br />
media outlet allowed to function during<br />
the Emer gency.<br />
According to Barry Lowe, executive<br />
director of the London-based Centre for<br />
Conflict Resolution Journalism, quoted<br />
on the website of the U.S State Depart -<br />
ment, Mongolia’s media environment has<br />
shown considerable improvement over<br />
the past year. He said that this was largely<br />
thanks to the “efforts by political elites,<br />
media owners and journalists to develop<br />
better working relations and to reduce<br />
points of friction.”<br />
The political establishment in Mon -<br />
go lia has, over the past few years, de -<br />
creased the use of bullying tactics against<br />
critical media and journalists. However,<br />
obstacles still remain to be overcome<br />
before the media in Mongolia can be<br />
declared truly free. The Constitution of<br />
Mongolia, as adopted in 1992, guarantees<br />
the freedom of press to all its citizens<br />
(Article 16). The Mongolian government<br />
in 2004 also adopted the Ulaanbaatar<br />
Declaration, which promises support for<br />
“an open and transparent society [which]<br />
encourages the free creation, pursuit and<br />
flow of information.” Despite these pro -<br />
mising developments, the press in Mon -<br />
golia continues to be impeded, specifically<br />
in the area of access to information.<br />
Protesters throw stones during clashes in<br />
Ulan Bator. (Reuters/Zeev Rozen)<br />
Despite an Action Plan proposed by the<br />
Mongolian government in 2004 to “provide<br />
the citizens with rights to access any<br />
information,” free access to information<br />
is impeded by the existing legislation on<br />
state secrets, which make it possible for<br />
almost anything to be classified as<br />
“secret.” These restrictions contradict the<br />
spirit of the Mongolian government’s<br />
commitment to a free press.<br />
In addition, defamation continues to<br />
be a criminal offence in Mongolia, ac -<br />
cording to Articles 110 and 111 of the<br />
penal code. Despite a sustained campaign<br />
launched by Mongolian civil society or -<br />
ganisations with the support of the U.S<br />
Embassy in Mongolia, the country has so<br />
far resisted international pressure to make<br />
defamation a civil offence, as is customary<br />
in many democracies.<br />
<strong>Press</strong> freedom in Mongolia cannot be<br />
achieved until the government commits<br />
to enacting legislation that will bring<br />
Mon golia’s laws on freedom of expression<br />
and the media into line, not merely with<br />
international standards, but also with the<br />
objectives and ideals that the government<br />
claims to espouse.<br />
Recommendations<br />
Decriminalise defamation<br />
Enact legislation safeguarding the<br />
right of media to access information<br />
Prevent interference from government<br />
and security forces in media<br />
functioning
Nepal by Naomi Hunt<br />
Journalists shout slogans during a protest in front of the parliament gate in Kathmandu.<br />
(Reuters/Gopal Chitrakar)<br />
It has been a pivotal year for democracy<br />
in Nepal. Parliamentary elections<br />
were held in April this year, and the<br />
resulting Constituent Assembly began<br />
meeting in May to draft a new Con sti -<br />
tution. In June, King Gyanendra officially<br />
relinquished his throne.<br />
Unfortunately, changes in government<br />
have not ameliorated conditions for journalists.<br />
Physical attacks abound, and im -<br />
punity remains a problem. As a result,<br />
many reporters continue to practice ex -<br />
treme self-censorship on politically sensitive<br />
topics.<br />
Preparations for the April elections<br />
were marred by reports of journalist<br />
intimidation. IPI Nepal’s <strong>Press</strong> Freedom<br />
Monitoring Centre reported 63 different<br />
press violations just in the two months<br />
before the vote. Various actors were res -<br />
ponsible for these attacks, including the<br />
now-reigning Communist Party of Ne -<br />
pal-Maoist (CPN-Maoist), the Armed<br />
Police Force and other political parties<br />
and armed groups.<br />
In one instance in April, radio correspondent<br />
Maya Adhikari was abducted<br />
by a CPN (Maoist) unit for two hours<br />
and accused of writing with a pro-Nepali<br />
Congress (NC) party bias. Madheshi<br />
People’s Rights Forum (MPRF) members<br />
are reportedly responsible for an attack<br />
on an editor in the eastern Morang<br />
region in February, as well as for beating<br />
a group of journalists in the Sunsari district<br />
in late March. <strong>On</strong> 26 February, the<br />
Armed Police Force assaulted a group of<br />
journalists with wooden sticks, reported-<br />
ly because the reporters had been covering<br />
police vandalism of local homes. The<br />
victims required hospitalization.<br />
During the elections, an international<br />
mission of press freedom organizations,<br />
which included IPI representatives, re -<br />
ported that transportation permits were<br />
denied to journalists travelling to some<br />
areas of the country.<br />
Fortunately, the elections transpired<br />
largely without violence. The plurality<br />
was taken by the CPN (Maoist), which<br />
put their leader Pushpa Kamal Dahal<br />
(also known as Prachanda) in the premiership.<br />
Displaying a worrying lack of<br />
respect for journalism, Prachanda an -<br />
noun ced in a 30 May victory speech that<br />
the party would “no longer tolerate criticism,”<br />
because they had been elected by<br />
the people.<br />
Individuals and private organizations<br />
were also responsible for attacks. In June,<br />
reporter Mahesh Shrestha was threatened<br />
by an insurance company owner for re -<br />
porting on its illegal transactions. Later<br />
that month, newspaperman Mahendraw<br />
Luintel was manhandled by the owner of<br />
an x-ray laboratory. Luintel was looking<br />
into allegations that some x-ray labs were<br />
being operated illegally.<br />
From 27 to 29 June, an IPI Delega -<br />
tion travelled to Kathmandu to meet<br />
with local journalists and editors, and to<br />
convey their main concerns to the country’s<br />
main political leaders. Media representatives<br />
stressed the importance of<br />
enshrining press freedom into the new<br />
constitution, and urged that an end to<br />
impunity was also vital, including to<br />
reduce self-censorship.<br />
In their discussions with IPI, Pra chan -<br />
da and spokespersons for two other ma -<br />
jor parties, the NC and the Communist<br />
Party of Nepal – United Marxist Leninist<br />
(CPN-UML), all voiced their strong support<br />
for press freedom and democratic<br />
values more generally.<br />
The continued attacks on journalists<br />
in the latter half of 2008 were particularly<br />
disappointing in light of these verbal<br />
commitments. There were numerous in -<br />
stances of death threats and intimidation,<br />
which came from political groups as well<br />
as other organizations and individuals.<br />
<strong>On</strong> 14 July, a group of reported<br />
“en trepreneurs” in the district of Kailali<br />
entered the offices of the Hamar Pahura<br />
daily and Gardener Offset <strong>Press</strong>, locked<br />
journalists in the building and verbally<br />
abused them. <strong>On</strong> 20 July, newspaper re -<br />
porters Rajdhan Rai and Kishor Budha -<br />
thoki were attacked by younger members<br />
of the Khandbari Yuba Club. They were<br />
beaten, had their faces painted black, and<br />
allegedly questioned regarding their coverage<br />
of an incident involving the club.<br />
<strong>On</strong> 22 July, six television correspondents<br />
and their cameramen were attacked while<br />
trying to gather information on the De -<br />
vaki Shrestha case. Shrestha had been<br />
beaten by her brother-in-law.<br />
Changes in government<br />
have not ameliorated conditions<br />
for journalists<br />
The journalists were beaten by police<br />
and suffered light injuries.<br />
In July, reporters attempting to cover<br />
public demonstrations were attacked on<br />
three occasions. <strong>On</strong> 27 July, news correspondent<br />
Janak Gautam and camera<br />
operator Niranjul Kayesthat (Avenues<br />
Tele vision) were attacked by protesters in<br />
Kathmandu. Demonstration organizers<br />
had invited the film crew to cover the<br />
demonstration, which was organized to<br />
protest Vice President Jha’s use of Hindi<br />
while taking the oath of office, but then<br />
attacked the reporters for coming late.<br />
Also on 27 July, journalists and Right<br />
to Information activists, including president<br />
of the National News Agency (RSS)<br />
and IPI Nepal General Secretary Tara -<br />
nath Dahal, were assaulted in the district<br />
of Bara, as they travelled to Gaur for a<br />
training session and campaign.<br />
47
48<br />
An IPI special report on August violations<br />
in Nepal detailed 23 press violations<br />
that month. The IPI Nepal <strong>Press</strong> Free -<br />
dom Monitoring Centre and other sour -<br />
ces reported seven instances of physical<br />
harassment, eight cases of threats and<br />
intimidation against journalists, five<br />
instances of damaged property, one firing<br />
and the brief detention of 59 journalists.<br />
<strong>On</strong> 3 September, IPI and its <strong>Press</strong><br />
Freedom Monitoring Centre reminded<br />
political leaders of their verbal commitments<br />
to press freedom and journalist<br />
safety. But individuals, political parties<br />
and other groups continued to attack<br />
journalists and vandalize media offices<br />
with little sign of government interest in<br />
protecting the press.<br />
<strong>On</strong> 18 October, Sandakpur Daily<br />
journalist Yabaraj Gautam was reportedly<br />
beaten up by a local bus driver, after publishing<br />
a story alleging that local vehicles<br />
charge more than the public rate. Two<br />
days later, unknown attackers raided the<br />
offices of the Terai Times in Janakpur,<br />
Nepal in Brief<br />
attacking two staff members and vandalising<br />
office equipment.<br />
The vice president of the Federation<br />
of Nepali Journalists (FNJ), Abadesh<br />
Jha, and News Today journalist Sanatan<br />
Mandal were attacked at the Tiffin Room<br />
Hotel in eastern Nepal on 5 November.<br />
The reason was unknown.<br />
<strong>On</strong> 12 November, journalists Dinesh<br />
Thapa of FNJ’s Sindhupalchowk chapter<br />
and Netra Paudel of Sindhu Prabaha<br />
weekly were attacked by protest organizers<br />
in Sindhupalchowk district. When<br />
the journalists arrived to cover the de -<br />
monstration, they were beaten by protesters<br />
who reportedly were upset that<br />
they had not arrived promptly after being<br />
notified about the event, and because<br />
they had not published news favourable<br />
to the protestors.<br />
November saw a spate of attacks on<br />
media offices and journalists. <strong>On</strong> 13 No -<br />
vember, unknown attackers vandalised a<br />
regional office of the National News<br />
Agency (RSS) in Biratnagar. Three days<br />
Population: 29.5 million<br />
Domestic Overview: Nepal’s monarchy experimented with democracy as<br />
early as 1950, and in 1990, the country became a parliamentary democracy<br />
headed by a constitutional monarch. The country saw a string of short-term<br />
governments throughout the 1990s.<br />
A violent Maoist insurgency, which ultimately took over 13,000 lives, emerged<br />
in 1996. Peace talks repeatedly failed, and prompted strong reactions by<br />
King Gyanendra, culminating in a 2005 state of emergency that included a<br />
temporary suspension of the majority of fundamental rights and the replacement<br />
of the Cabinet with a Council of Ministers.<br />
Massive demonstrations, joined by the Maoists, forced the king to reinstate<br />
parliament in April 2006. More promising cease-fire agreements were soon<br />
reached with the insurgents. By January 2007, an interim parliament, which<br />
included Maoist representatives, was put in place, and an interim constitution<br />
endorsed. It was soon followed by an interim Council of Ministers.<br />
The country’s historic Constitution Assembly election was held on 10 April of<br />
this year, and brought most votes for the Maoist party, the Communist Party<br />
of Nepal (Maoist). The Nepali Congress Party and the Communist Party of<br />
Nepal-United Marxist Leninist also made strong showings. The country’s new<br />
President Ram Baran Yadav was elected in July. Maoist leader Pushpa Kumal<br />
Dahal, also know as Prachanda, was elected as Prime Minister on 15 August.<br />
Beyond Borders: The foreign policy of Nepal, the“yam between two rocks”,<br />
has long been dominated by relations with its powerful neighbours, India<br />
and the People’s Republic of China. Prachanda ruffled feathers when he<br />
visited China before travelling to India upon taking office, but soon reaffirmed<br />
his interest in strong relations with both countries. His approach has<br />
unsettled the many Tibetan refugees living in the country, whose protests<br />
against Chinese rule prompted strong reactions by Nepal’s police force<br />
throughout the year.<br />
later, the offices of Himal Khabar Patrika<br />
magazine were burnt down in Kathman -<br />
du. According to reports, eight to ten<br />
people entered the property at around<br />
9:45pm, burned 5,000 copies of the ma -<br />
gazine, and stole and vandalized telephones.<br />
<strong>On</strong> 17 November, several people at -<br />
tacked the editor and publisher of Nuwa -<br />
kot Jagaran weekly, Shiva Devkota, who<br />
had been participating in a public awareness<br />
campaign organized by the NC. His<br />
right hand was reportedly severely inju -<br />
red. The string of incidents continued the<br />
next day, when the regional bureau office<br />
of Avenues Television was attacked by a<br />
group led by Bishnu Prasad Sharma. The<br />
leader said he was from the Khumbuwan<br />
National Front (KRM) district committee<br />
in Sunsari province, where the attack<br />
took place. The assaulters threatened two<br />
journalists, attacked an office assistant<br />
and threatened to attack the office with<br />
bombs. FNJ believes the TV office was<br />
attacked because the station had been<br />
collecting information on a land dispute<br />
complaint involving the KRM Sunsari<br />
committee.<br />
Individuals, political<br />
parties and other groups<br />
continued to attack journalists<br />
and vandalize media<br />
offices with little sign<br />
of government interest in<br />
protecting the press<br />
<strong>On</strong> 28 November, missing reporter<br />
Jagat Joshi’s clothing and other possessions<br />
were found in a forest near Attariva.<br />
Freedom Forum reported that scattered<br />
skeletal remains were also found. Joshi, of<br />
the national daily Janadisha, had been<br />
missing since 8 October. He had gone to<br />
the town of Attariva and had planned to<br />
visit Kathmandu, but never returned<br />
home. According to FNJ, his family suspects<br />
that he was killed by two brothers<br />
involved in the illegal trade of tiger skins,<br />
although they may have been aided by<br />
“political forces” that received pointed<br />
criticism in Joshi’s stories.<br />
December brought several more<br />
threats against journalists, including two<br />
reporters from the daily Kantipur. Also,<br />
the offices of two newspapers in Naya<br />
Bazaar were vandalized by unidentified
Nepal Communist Party Maoist leader<br />
Prachanda talks to journalists regarding the<br />
forthcoming Constituent Assembly elections<br />
in Kathmandu. (Reuters/Deepa Shrestha)<br />
individuals who damaged furniture and<br />
destroyed documents. Then, the head of<br />
the Young Communists League referenced<br />
the attack on the Himal office<br />
when warning Kantipur publications that<br />
it was next.<br />
These incidents underscored the<br />
strug gles that lie ahead. Encouragingly,<br />
on 28 December, the FNJ and the government<br />
signed a ten point agreement in<br />
which the government explicitly agreed<br />
to a commitment in the Constituent As -<br />
sembly to safeguard press freedom and<br />
journalist safety. The agreement also calls<br />
for a special bureau within the Infor ma -<br />
tion and Communications Ministry to<br />
investigate press freedom violations.<br />
Recommendations<br />
End impunity by vigorously investigating<br />
and prosecuting physical attacks<br />
against journalists<br />
Enshrine broad protection for press<br />
freedom in the new constitution<br />
Promote dialogue with government,<br />
law enforcement and the public to<br />
deepen their understanding of the<br />
media’s role in democratic societies<br />
Mission<br />
<strong>Press</strong> Freedom in Nepal<br />
Members of the June 2008 IPI Mission to Nepal N. Ravi, editor of the Indian daily,<br />
The Hindu and Taranath Dahal, General Secretary of the IPI Nepal National Committee,<br />
meet with Nepal’s Prime Minister Prachanda<br />
With Constituent Assembly elections<br />
scheduled for April 2008,<br />
Nepal became the focus of considerable<br />
attention by the international community.<br />
IPI joined two international missions<br />
in connection with the landmark event,<br />
and conducted a separate mission soon<br />
thereafter.<br />
Pushing for Fair Elections<br />
The <strong>International</strong> <strong>Press</strong> Freedom and<br />
Free dom of Expression Mission to Nepal<br />
brought 12 international organisations to<br />
the country from 14 to 17 January. IPI<br />
joined UN agencies, global media associations,<br />
freedom of expression advocates<br />
and media development organisations to<br />
voice concerns about continuing press<br />
freedom violations and emphasize the<br />
importance of impartial and independent<br />
media coverage, particularly for free and<br />
fair elections.<br />
Members of the international mission<br />
spoke with government ministers, political<br />
party leaders, community leaders and<br />
the security forces during their visit. IPI<br />
Deputy Director Michael Kudlak represented<br />
IPI.<br />
A report from the international mission<br />
members clarified the challenging<br />
context in which the elections were to<br />
take place. It emphasized that harassment<br />
and impunity were widespread, noting,<br />
for example, that the Federation of<br />
Nepali Journalists recorded 652 incidents<br />
of press freedom violations between April<br />
2006 and December 2007.<br />
The mission therefore particularly en -<br />
couraged leaders to publicize measures to<br />
ensure journalist safety. Addressing the<br />
country’s media, the international mission<br />
urged publications to provide independent<br />
and impartial coverage of the<br />
elections, noting with concern reported<br />
cases of hate-speech and violence-promoting<br />
content.<br />
It also announced that it would send<br />
a short-term observation team to Nepal<br />
dur ing the elections to focus on the me -<br />
dia situation.<br />
Organisations participating in the<br />
January 2008 mission included ARTI-<br />
CLE 19, Hirondelle Foundation, the<br />
<strong>International</strong> Federation of Journalists<br />
(IFJ), <strong>International</strong> Media Support<br />
(IMS), the <strong>International</strong> <strong>Press</strong> <strong>Institute</strong><br />
(IPI), Internews, Reporters Without Bor -<br />
ders (RSF), the Open Society <strong>Institute</strong><br />
(OSI), UNESCO, the World Associat<br />
ion of Community Radio Broadcasters<br />
(AMARC) and the World <strong>Press</strong> Freedom<br />
Committee (WPFC). It was greatly assis -<br />
ted by the Federation of Nepali Journa l -<br />
ists and other national organisations that<br />
prepared and hosted the visit.<br />
49
50<br />
IPI Mission delegates meet with numerous local editors and journalists<br />
Monitoring Elections<br />
The <strong>International</strong> <strong>Press</strong> Freedom and<br />
Freedom of Expression Mission returned<br />
to Nepal to monitor the election, sending<br />
monitors to both Kathmandu and multiple<br />
regional districts, including Surkhet,<br />
Morang and Kavre. IFJ, IMS, INSI,<br />
Inter news, RSF and IPI joined this second<br />
international mission. Chiranjibi<br />
Kafle, of the IPI Nepal <strong>Press</strong> Freedom<br />
Monitoring Centre, represented IPI.<br />
A report from the inter -<br />
national mission members<br />
clarified the challenging<br />
context in which the elections<br />
were to take place<br />
With elections mostly peaceful, the<br />
international mission reported largely<br />
positive news. But it also noted incidents<br />
that prompted concern, such as locali -<br />
sed difficulties in obtaining press and<br />
vehicle passes, restricting journalist ac -<br />
cess; the sei zure of journalist documentation;<br />
and uncooperative officials with<br />
respect to a par ticular incident of preelection<br />
violence.<br />
Confronting the Election<br />
Aftermath<br />
The elections brought the most votes<br />
for the Communist Party of Nepal (Mao -<br />
ist), an unsettling development in light of<br />
the often hostile attitude of its Chairman,<br />
Pushpa Kamal Dahal (also known as Pra -<br />
chanda), towards the media. The result<br />
prompted an IPI Delegation to travel to<br />
Kathmandu from 27 to 29 June, to call<br />
on all main governmental leaders to take<br />
active steps to improve Nepal’s media<br />
environment in the newly democratic<br />
country. The IPI delegation included N.<br />
Ravi, editor of the Indian daily, The<br />
Hindu; Uta Melzer, IPI <strong>Press</strong> Freedom<br />
Manager; IPI Nepal <strong>Press</strong> Freedom<br />
Moni toring Centre Director Chiranjibi<br />
Kafle; and IPI Nepal members Taranath<br />
Da hal, Babita Basnet, and Manju Mishra.<br />
In a meeting with over 20 editors,<br />
leading journalists, faculty members from<br />
various media institutions, and the<br />
Chair man of the Nepal <strong>Press</strong> Council,<br />
the representatives of Nepal’s media community<br />
outlined various issues affecting<br />
the local media.<br />
Two main concerns emerged: 1) the<br />
importance of ensuring that the rights to<br />
freedom of speech and of press freedom<br />
would be enshrined in the country’s new<br />
Constitution, in a manner consistent with<br />
prevailing international standards, and 2)<br />
tackling impunity to reduce widespread<br />
self-censorship by journalists fearing for<br />
their safety.<br />
Although participants indicated that<br />
attacks were carried out by a variety of<br />
actors, the Maoists were identified as having<br />
carried out many of the attacks, especially<br />
at the local level. In addition, the<br />
Maoist leadership’s public statements<br />
regarding press freedom also caused considerable<br />
concern.<br />
Some participants also voiced dissatisfaction<br />
with highly-politicized reporting<br />
that could be considered neither independent<br />
nor fair. Several noted that professional<br />
training for journalists, stressing<br />
objectivity, thorough reporting, and<br />
complete fact-checking, would be beneficial.<br />
But participants agreed that courageous<br />
and independent reporting was still<br />
carried out by some, and despite great<br />
risks. A strong desire to protect and ex -<br />
tend the space for independent reporting<br />
was evident among the group.<br />
The IPI delegation then met with<br />
several leading politicians to convey the<br />
concerns expressed by the media representatives.<br />
The first meeting was with Prachanda,<br />
whose response was quite positive. He<br />
asserted that the Maoists were committed<br />
to both democracy and press freedom.<br />
Prachanda voiced support for strong legal<br />
provisions for the right to press freedom,<br />
and for ensuring journalist safety. As for<br />
attacks carried out by Maoists, Prachanda<br />
emphasized that these were local incidents<br />
occurring during the insurgency,<br />
and that these did not come at the direction<br />
of the central leadership.<br />
Prachanda added that the press had<br />
played a valuable role in building pub -<br />
lic opinion against the monarchy and<br />
feudalism. He also emphasized that he<br />
would continue to work towards convincing<br />
both the Nepalese public and the<br />
international community of his party’s<br />
commitment to multi-party democracy<br />
and democratic rights.<br />
The delegation’s second meeting was<br />
with Arjun Narasingha, K.C., Joint Gen -<br />
e ral Secretary and Spokesperson of the<br />
Nepali Congress Party. Mr. Narasingha<br />
emphasized his party’s historical role both<br />
as a strong supporter of freedom of the<br />
press, and voiced some scepticism as to<br />
whether the Maoists would truly embrace<br />
democratic ways.
The Constitution-drafting process was<br />
already a cause for concern, he added,<br />
with Maoists raising points such as the<br />
importance of “democratizing the judiciary,”<br />
which was seen as an effort to bring<br />
judicial institutions under their control.<br />
Therefore, it would be important to evaluate<br />
not just verbal commitments, but to<br />
review actual actions.<br />
Prachanda voiced support<br />
for strong legal provisions<br />
for the right to press<br />
freedom, and for ensuring<br />
journalist safety<br />
Mr. Narasingha further indicated that<br />
the impunity enjoyed by culprits in the<br />
past partly had to do with the fact that<br />
the minister responsible for security, a<br />
Nepali Congress nominee, was “soft” on<br />
Maoists during the peace process given<br />
the importance of negotiations to include<br />
the party in a democratic Nepal.<br />
The delegation’s third meeting was<br />
with Mr. Ishwar Pokharel, Member,<br />
Standing Committee and Chief of Pub -<br />
licity of the Communist Party of Nepal<br />
(UML). Mr. Pokharel noted that, in the<br />
near future, all parties represented in the<br />
Constituent Assembly had the difficult<br />
task of finding common ground. He<br />
asserted that the UML would promote<br />
targeting impunity as one possible issue<br />
regarding which consensus could be<br />
found.<br />
These strong verbal commitments to<br />
press freedom made by the political leaders<br />
presented an encouraging first step in<br />
the country’s transition to democracy. It<br />
remains to be seen, however, whether<br />
concrete action will follow these statements.<br />
Dialogue<br />
for a Free Media<br />
IPI Nepal <strong>Press</strong> Freedom Monitoring Centre<br />
pushes progress by documenting violations<br />
and promoting increased understanding between<br />
media and government<br />
With the country moving towards historic Constituent Assembly elec tions in<br />
April, IPI Headquarters worked closely with the IPI Nepal National Com -<br />
mittee (“IPI Nepal”) to set up the IPI <strong>Press</strong> Freedom Monitoring Centre (the<br />
“Centre”) in Kathmandu on 12 February. Initially supported by funds from the<br />
Swiss Agency for Development and Cooperation, the Centre was established to<br />
monitor the status of press freedom during the run-up to the elections and the<br />
nation’s subsequent constitution-drafting process. It also aims to increase awareness,<br />
both locally and internationally, about press freedom violations occurring in Nepal,<br />
and about the importance of press freedom in the country’s democratisation process.<br />
The Centre is governed by IPI Nepal, including President Padma Singh Karki,<br />
Vice-President Babita Basnet, General Secretary Taranath Dahal and Treasurer<br />
Khildhoj Thapa. Chiranjibi Kafle led the Centre’s activities as Director in its first<br />
year. Ramhari Dulal contributed as photographer and assistant.<br />
The Centre’s monitoring efforts soon demonstrated a clear and troubling pattern.<br />
In the first few months following the elections, supporters of the Com mu n ist<br />
Party of Nepal (Maoist), which had garnered the most votes, were responsib-le for<br />
a majority of attacks against the media (see graph). Coupled with hostile comments<br />
from the party’s Chairman Pushpa Kamal Dahal, also known as Prachanda, this<br />
triggered great unease amongst the country’s journalists.<br />
Prompted in part by this realization, IPI sent a delegation to Nepal on an<br />
advocacy mission in late June. With the strong support of both IPI Nepal and the<br />
Centre’s staff, IPI secured meetings with high-level officials from all main parties,<br />
including Prachanda, who would soon be come the country’s Prime Minister.<br />
The resulting verbal commitments to me dia freedom and journalist safety contrasted<br />
sharply with earlier rhetoric, and brought some hope for positive change.<br />
Sadly, subsequent developments in stead underscored the challenges that lie<br />
ahead, as attacks on journalists increased notably in August and November. The<br />
Centre’s efforts have become even more vital in light of this setback. In 2009, its<br />
emphasis is expected to shift towards creating opportunities for much-needed dialogue<br />
between media representatives and high-level policy makers. Sustained and<br />
open dialogue is crucial for a deepening appreciation of the media’s role in democratic<br />
society, and so for journalists’ ability to carry out their work without a constant<br />
threat of violence.<br />
51
52<br />
North Korea by Nayana Jayarajan<br />
A North Korean soldier looks at a group<br />
of journalists in the demilitarized zone in<br />
Paju. (Reuters/Lee Jae-Won)<br />
North Korea remains a highly restricted<br />
society, shut off from the world<br />
behind barriers of censorship and intimidation.<br />
With a repressive dictatorship in<br />
near-complete control of the media,<br />
North Korea continues to boast the worst<br />
press freedom record in the world.<br />
The North Korean State is deliberately<br />
designed to be a mystery to outsiders,<br />
according to Andrei Lankov, an associate<br />
professor at Kookmin University, Seoul.<br />
Kim Jong-Il, the leader of the Demo -<br />
cratic People’s Republic of Korea (and<br />
Chairman of the National Defence<br />
Commission, Supreme Commander of<br />
the Korean People’s Army, and General<br />
Secretary of the Workers’ Party of Korea),<br />
has followed a policy of “self-reliance”<br />
and isolation, which depends heavily on a<br />
media blackout within the country, and a<br />
clampdown on all information leaving<br />
the country.<br />
Despite Jong-Il’s keen interest in film<br />
and the media – he is rumoured to have<br />
a collection of over 20,000 films – the<br />
people of his country are denied access to<br />
any information that is not vetted by the<br />
government’s propaganda machine. The<br />
only two official North Korean dailies<br />
North Korean leader Kim Jong-Il visits a library in the northern Jagang province,<br />
north of North Korean capital Pyongyang (Reuters/KCNA)<br />
that are available overseas, Nodong Sin -<br />
mum and Minju Choson, are dedicated to<br />
the praise of the “Dear Leader”, as Jong-<br />
Il is called, and make no mention of the<br />
appalling human rights record of his government,<br />
or of the fact that while he and<br />
his officials are believed to spend millions<br />
of dollars on personal luxuries, millions<br />
of people in the country are forced to<br />
supplement their diets with weeds and<br />
tree bark.<br />
The regime is cracking<br />
down on unbiased information<br />
entering the<br />
country, and has allegedly<br />
issued death threats against<br />
the journalists involved<br />
The people of North Korea have very<br />
limited access to media from outside the<br />
country. Radios in the country are locked,<br />
so that they can only be used to tune into<br />
state-sponsored broadcasts, which are<br />
propaganda at best. However, with in -<br />
creasing numbers of radios being brought<br />
into the country from China, more<br />
North Koreans are tuning into independent<br />
radio stations like Free North Korea<br />
Radio, Voice of America, Open Radio for<br />
North Korea, Radio Free Asia and Radio<br />
Free Chosun. Radio Free NK, a dissident<br />
radio station run from Seoul by a North<br />
Korean defector, depends on clandestine<br />
reporting by North Korean journalists<br />
and citizens for its stories. Although its<br />
creator reports that the number of listeners<br />
is increasing, the regime is cracking<br />
down on unbiased information entering<br />
the country, and has allegedly issued<br />
death threats against the journalists<br />
involved.<br />
At the same time, North Korean officials<br />
routinely go to great lengths to<br />
ensure that no information leaves the<br />
country. Japanese media, which remains<br />
one of the most prolific sources of information<br />
about North Korea, frequently<br />
issues conflicting reports. For instance, in<br />
the same week in October, newspapers in<br />
Japan reported that Kim Jong-Il had, variously,<br />
died, been paralysed following a<br />
stroke, and seen rebuking some soccer<br />
players for the length of their hair.<br />
Foreign journalists who are allowed into<br />
the country (usually from China and
Russia) are closely monitored. During the<br />
North-South talks in 2007, only 50<br />
South Korean journalists, and a handful<br />
of international journalists, were allowed<br />
into the country to cover the negotiations.<br />
Most of the information available<br />
to the world regarding North Korea<br />
comes via defectors who have fled the<br />
oppressive regime and bring with them<br />
horrific details of prison and detention<br />
camps where hundreds of thousands of<br />
people are imprisoned.<br />
In the absence of independent media,<br />
and recognising that information is one<br />
of the most powerful tools of resistance,<br />
some groups continue to attempt to provide<br />
North Korean news to the world.<br />
Charities working with defectors publish<br />
regular newsletters detailing the accounts<br />
of persons who have escaped the regime.<br />
The DailyNK is an online newspaper<br />
specialising in North Korean news and<br />
has correspondents in the Chinese border<br />
cities of Dandong and Shenyang.<br />
In the near-complete absence of any<br />
independent media within the country,<br />
South Korean NGOs have begun to float<br />
leaflets in balloons across the border. In<br />
response, North Korean authorities told<br />
the people that the leaflets were radioactive<br />
and would cause blindness if<br />
touched.<br />
Recommendations<br />
Allow independent media<br />
Open the doors to foreign journalists<br />
End draconian restrictions on<br />
international radio and television<br />
broadcasts<br />
North Korea in brief<br />
Pakistan by Nayana Jayarajan<br />
Journalists paid a heavy price for operating<br />
in Pakistan’s conflict-ridden and<br />
often lawless regions. Several lost their<br />
lives in the Federally Administered Tribal<br />
Areas (FATA) and the North West Fron -<br />
tier Province (NWFP), where the gov -<br />
ernment maintains tenuous control. The<br />
militant stronghold of the Swat valley<br />
alone claimed the lives of at least three<br />
journalists in 2008.<br />
Among the victims was Sira Juddin of<br />
The Nation, who was killed in a suicide<br />
bombing in Mingora in the Swat valley<br />
on 29 February. He was covering the funeral<br />
of a police officer when the attack,<br />
which claimed 40 lives in total, took<br />
place. Two other journalists were woun -<br />
ded in the attack: Hazrat Bilal of the local<br />
newspaper Shawal; and Munawar Afridi<br />
of the English-language Dawn.<br />
<strong>On</strong> 22 May, Mohammed Ibrahim, of<br />
Express TV and the Daily Express, was<br />
gunned down by unknown assailants in<br />
the Bajaur tribal area of the NWFP. The<br />
journalist was returning by motorcycle<br />
from an interview with local Taliban spokesman<br />
Maulvi Omar. <strong>On</strong> 29 August,<br />
Abdul Aziz Shaheen, a reporter with<br />
Azadi, was killed when a Pakistani air -<br />
strike hit the Taliban hideout where he<br />
was held after being abducted by militants<br />
two days earlier. The Pakistan <strong>Press</strong><br />
Foundation reported that the Taliban had<br />
been angered by reports Shaheen had<br />
written about their activities.<br />
<strong>On</strong> 8 November, Mohammed Shoaib,<br />
also of Azadi, was shot by security forces<br />
in the valley as he returned home from<br />
work. Security forces alleged that the<br />
shooting had been a “mistake.” Shoaib’s<br />
vehicle prominently displayed his press<br />
Population: 23.5 million<br />
Domestic Overview: North Korea is easily the most censored society in<br />
the world. The Workers’ Party of Korea, under the leadership of Kim Jong-Il,<br />
has long pursued a policy of “Juche”, which translates as self-reliance.<br />
North Korea has the fourth-largest military in the world.<br />
Beyond Borders: Risking arrest, imprisonment, and deportation, tens of<br />
thousands of North Koreans cross into China to escape famine, economic<br />
privation, and political oppression. <strong>On</strong> 19 September 2005, North Korea was<br />
promised fuel aid and various other non-food incentives from South Korea,<br />
the U.S., Japan, Russia, and China in exchange for abandoning its nuclear<br />
weapons programme and rejoining the Nuclear Non-Proliferation Treaty.<br />
North Korea began the discharge of spent fuel rods in December 2007,<br />
but it has not provided a declaration of its nuclear programmes.<br />
accreditation. In Mianwali, part of the<br />
FATA, six armed men dragged reporter<br />
Abdul Razzak Johra of Royal TV from his<br />
home in the Mianwali district of Punjab<br />
and shot him, according to the Pakistan<br />
Federal Union of Journalists (PFUJ). The<br />
attack came a day after his report on local<br />
drug trafficking was aired nationally.<br />
Colleagues said Razzak, 45, who had<br />
done earlier reports on the drug trade,<br />
had received threats telling him to stop<br />
covering the issue.<br />
<strong>On</strong> 3 August, the president of the Tri -<br />
bal Union of Journalists (TUJ), Khayal<br />
Zaman Afridi, suffered gunshot wounds<br />
in an attack in the FATAT town of Bara.<br />
In Waziristan, the Taliban issued threats<br />
against four journalists, warning them to<br />
give up their professions.<br />
<strong>International</strong> journalists<br />
were not immune from<br />
the dangers of reporting<br />
in Pakistan this year<br />
<strong>On</strong> 29 December, in FATA town of<br />
Bajaur, the Taliban issued a fatwa calling<br />
for the death of two reporters, Anwarul -<br />
lah Khan and Irfanullah Jan, alleging that<br />
they were “western agents.” In a separate<br />
incident in Bajaur, the Khar <strong>Press</strong> Club<br />
was damaged by a rocket-propelled gre -<br />
nade on 13 December.<br />
In Balochistan, the largest province in<br />
the country, Chishti Mujahid, a columnist<br />
for Akbar-e-Jahan, was killed by an<br />
unknown gunman on 9 February. A<br />
spokesman for the banned insurgent<br />
group, the Baluch Liberation Army,<br />
claimed responsibility in a phone call to<br />
the Quetta <strong>Press</strong> Club, saying Mujahid<br />
was “against” the Baluch cause, local<br />
news reports said. Khadim Hussain<br />
Sheikh, of Sindh TV, was killed by un -<br />
identified gunmen on 14 April in the<br />
town of Hub in Balochistan, about 30<br />
km north of Karachi. The victim’s brother<br />
said three men on motorbikes carried<br />
out the shooting.<br />
<strong>On</strong> 20 October, a bomb attack targeted<br />
the offices of five local newspapers, in -<br />
cluding the Awam daily in Quetta. There<br />
were several injuries but not deaths.<br />
Also in troubled Balochistan, Hasan<br />
Abdullah, an anchor and reporter for<br />
Paki stan‘s leading television channel<br />
Dawn News, was detained for six hours<br />
by officers of an intelligence agency on<br />
53
54<br />
A wounded Japanese journalist lies in an<br />
ambulance outside a hospital in Islamabad.<br />
(Reuters/Ahmad Masood)<br />
26 August and was released after being<br />
interrogated. The journalist was being<br />
questioned in regard to a 2007 interview<br />
he conducted with the slain head of the<br />
Balochistan Liberation Army (BLA),<br />
Balach Marri.<br />
<strong>International</strong> journalists were not<br />
immune from the dangers of reporting in<br />
Pakistan this year. A Japanese journalist<br />
and his Afghan colleague were shot and<br />
wounded on 14 November in Peshawar,<br />
the capital of the NWFP. Motoki Yot -<br />
sukura, the Islamabad bureau chief for<br />
Japan’s Asahi Shimbun newspaper, and<br />
Afghan journalist Sami Yousufzai, a correspondent<br />
for Newsweek magazine, were<br />
attacked by three gunmen in the Pe sha -<br />
war neighbourhood of Hayatabad.<br />
Khadija Abdul Qahar, a Canadian<br />
pub lisher of a web magazine, and two of<br />
her Pakistani colleagues were kidnapped<br />
on 11 November in the tribal areas of<br />
Pakistan where she was gathering materi-<br />
Pakistan In Brief<br />
al for a documentary. According to press<br />
reports, Qahar was travelling in a taxi to<br />
the town of Miramshah, in the NWFP,<br />
when unidentified armed men kidnapped<br />
her along with her translator and<br />
guide. Qahar, who was previously known<br />
as Beverly Giesbrecht, had embraced<br />
Islam after the 11 September 2001<br />
attacks in the United States and called<br />
herself a supporter of the Taliban. The<br />
last entry on her website, http://www.<br />
jihadunspun.com was an appeal for funds<br />
to leave Pakistan.<br />
Wiqar Kiyani, a journalist working for<br />
Britain’s Guardian newspaper, was kidnapped<br />
on 6 July from his home in Isla -<br />
mabad. He was released a few days later,<br />
and was directed not to speak about the<br />
incident.<br />
In the urban centres, intimidation by<br />
the judiciary and political figures compounded<br />
the problems faced by journalists.<br />
<strong>On</strong> 12 October, Farhan Somroo, a<br />
Population: 173 million<br />
Domestic Overview: Formed from the division of British India in 1947,<br />
Pakistan is a Muslim state that has seen decades of internal political<br />
disputes. Mounting public dissatisfaction with President Pervez Musharraf,<br />
coupled with the assassination of the prominent and popular political<br />
leader, Benazir Bhutto, in late 2007, led to the election of Asif Ali Zardari<br />
as president in 2008.<br />
Beyond Borders: Pakistan and India have been at odds since the partition<br />
62 years ago. Despite promising developments in recent years, India has<br />
blamed Pakistan-based militants for the deadly Mumbai attacks in November.<br />
The nuclear-armed neighbours remain locked in a long-running dispute<br />
over the status of Kashmir. Pakistan is also struggling to control Islamic<br />
militants in the tribal areas adjacent to the border with Afghanistan – an issue<br />
that has soured relations with the United States.<br />
Muhammedd Suleman, a cameraman working for Pakistan’s Geo television network, poses<br />
for a photo in Dera Ismael Khan. (Reuters/Mustansar Baloch)<br />
cameraman for Aaj TV, was shot at while<br />
reporting on a clash between rival student<br />
factions at a college in Karachi. Five<br />
journalists were attacked on 9 April and<br />
their cameras were destroyed while they<br />
attempted to cover the incidents of violence<br />
that erupted in Karachi. <strong>On</strong> March<br />
13, cameramen and journalists were<br />
attacked and beaten while reporting on a<br />
demonstration organised by the women’s<br />
movement of the Mohjir Quami Move -<br />
ment (MQM-H) outside the Karachi<br />
<strong>Press</strong> Club, according to the PFUJ. A<br />
media driver was taken hostage by armed<br />
protesters, who warned journalists not to<br />
broadcast video footage.<br />
There was also official sanctions me -<br />
ted out against the media. <strong>On</strong> 12 May,<br />
the Pakistan Supreme Court issued an<br />
order restraining the media from reporting<br />
anything “derogatory” about the<br />
judiciary.<br />
Pakistan’s draconian media restrictions<br />
are a legacy of the nation’s chaotic political<br />
environment. Two decrees were adop -<br />
ted barring the publishing or broadcasting<br />
of “anything which defames or brings<br />
into ridicule the head of state, or members<br />
of the armed forces, or executive,<br />
legislative or judicial organ of the state.”<br />
The print and electronic media were also<br />
restrained from publishing any material<br />
likely to “jeopardize or be prejudicial to<br />
the ideology of Pakistan or the sovereignty,<br />
integrity or security of Pakistan, or any<br />
material that is likely to incite violence or<br />
hatred or create inter-faith disorder or be<br />
prejudicial to maintenance of law and<br />
order.” Television discussions of anything<br />
deemed “false or baseless” by the regulatory<br />
authorities were also banned.
Television channels in Pakistan are<br />
over seen by the Pakistan Electronic<br />
Media regulatory Authority (PEMRA),<br />
which in 2008 promulgated a “voluntary”<br />
code of conduct for television<br />
broadcasters. The code, among other<br />
things, bans the broadcast of any programme<br />
that “contains material which is<br />
against the ideology of Pakistan or Isla -<br />
mic values,” “contains aspersions against<br />
the Judiciary and integrity of the Armed<br />
Forces of Pakistan” and “maligns or slanders<br />
any individual in person or certain<br />
groups, segments of social, public and<br />
moral life of the country.”<br />
Pakistan’s draconian media<br />
restrictions are a legacy<br />
of the nation’s chaotic<br />
political environment<br />
According to Human Rights Watch,<br />
on 6 February cable operators took the<br />
private Aaj TV off the cable network in<br />
Punjab province for almost 12 hours,<br />
allegedly on orders from PEMRA.<br />
Nusrat Javeed, one of the six journalists<br />
banned from appearing on television,<br />
told Human Rights Watch that the move<br />
was triggered by his appearance on “Live<br />
with Talat,” a talk show that was broadcast<br />
after being recorded and vetted by an<br />
internal censor committee to ensure that<br />
there are no violations of the PEMRA<br />
code.<br />
Pakistan held hotly contested presidential<br />
and parliamentary elections in<br />
2008, and several bills were presented in<br />
Parliament that would repeal some of the<br />
country’s draconian media laws. But even<br />
if restrictions are eased and media freedoms<br />
are respected, journalists still face<br />
perils covering some of the country’s<br />
tumultuous regional conflicts.<br />
Recommendations<br />
Repeal the Pakistan Electronic Media<br />
Regulatory Authority Amendment<br />
of 2007 and the <strong>Press</strong>, Newspapers,<br />
News Agencies and Books Registration<br />
Ordinance Amendment of 2007<br />
Commit to prosecuting offences<br />
against media freedom<br />
Philippines by Naomi Hunt<br />
It was a rocky year for press freedom in<br />
the Philippines. As in previous years,<br />
the strength, diversity and vibrancy of<br />
Philippine civil society come in stark<br />
contrast to an entrenched culture of<br />
impunity and government corruption.<br />
In a country in which press freedom is<br />
often disregarded, especially by those in<br />
power, it was a welcome development<br />
when courts denied Jose Miguel “Mike”<br />
Arroyo’s second and third attempts to<br />
have a class action suit against him dismissed.<br />
In two decisions, released in<br />
January and September, courts denied<br />
the validity of numerous appeals. In the<br />
Philippines, high officials and their family<br />
members often prolong or dismiss<br />
legitimate cases against themselves on the<br />
basis of technicalities and loopholes.<br />
Mike Arroyo, President Gloria Maca -<br />
pa gal Arroyo’s husband, has become well<br />
known for his sensitivity towards press<br />
coverage. Since Arroyo took office in<br />
2001, her husband has privately filed 11<br />
libel suits against 46 members of the<br />
press. Thirty-six journalists and several<br />
press freedom groups filed a class action<br />
suit in December 2006 to the sum of<br />
US$ 264,600, claiming that Arroyo’s<br />
numerous libel suits were an abuse of his<br />
right to litigate and constituted an attack<br />
on press freedom. The Court of Appeals<br />
called Arroyo’s latest petition “without<br />
merit,” lifted a writ of preliminary<br />
injunction and told trial courts to continue<br />
with the hearing.<br />
Journalists continue to be<br />
murdered, and their killers<br />
usually escape justice<br />
In the Philippines, libel is a criminal<br />
offence punishable with prison sentences.<br />
Combined with an often corrupt judiciary,<br />
the law represents a serious threat to<br />
press freedom. In a move welcomed by<br />
advocacy groups, Philippines Supreme<br />
Court Chief Justice Reynato Puno issued<br />
a January circular urging judges to im -<br />
pose fines instead of prison terms as a<br />
penalty for libel. However, dissenting<br />
con stitutionalists say that Puno is overstepping<br />
his authority.<br />
Action taken against journalists ac -<br />
cused of libel is often unnecessarily harsh.<br />
<strong>On</strong> 5 June, The Daily Tribune reporter<br />
Ninez Cacho-Olivares was found guilty<br />
of libel for an article she wrote alleging<br />
Philippine President Arroyo smiles during an<br />
interview with journalist at the presidential<br />
palace in Manila. (Reuters/Ho New)<br />
corruption in a 2003 contract-bidding<br />
deal. She will serve six months to four<br />
years in prison, and must pay US$<br />
113,480 in damages.<br />
In a worrisome case, the wishes of a<br />
powerful official may have overruled a<br />
court decision in a defamation case. In<br />
May, radio commentator Alexander<br />
“Alex” Adonis was still in prison, despite<br />
a court order for his release on parole,<br />
and despite the fact that he had posted<br />
bail for a separate libel case he was facing.<br />
Adonis was jailed for libel on 26 January<br />
2007 after being convicted in a case filed<br />
against him in October 2001 by House<br />
Speaker Prospero Nograles. Adonis,<br />
along with several other commentators,<br />
had broadcast a story alleging that No -<br />
grales was seen running naked through a<br />
Manila hotel, after his paramour’s husband<br />
caught them together. He currently<br />
faces a new libel charge filed by the<br />
alleged paramour, who is herself a broadcaster.<br />
Happily, fellow journalist Jun<br />
Digamon, also charged with libel for<br />
reporting on the scandal, was acquitted<br />
in late October, following a seven year<br />
battle.<br />
While criminal defamation is a problem,<br />
impunity remains the most serious<br />
concern in the Philippines. Journalists<br />
con tinue to be murdered, and their<br />
killers usually escape justice.<br />
The provinces are famously corrupt,<br />
and business and politics share close,<br />
even familial, ties. When a journalist ex -<br />
poses corrupt or illegal activities, it is<br />
apparently often simpler to have the jour-<br />
55
56<br />
nalist murdered than to pursue justice<br />
through legal channels. Complicity and<br />
corruption within the court system permit<br />
powerful individuals to harm, harass<br />
and kill with impunity. Several 2008<br />
court cases prove that justice often re -<br />
mains elusive even years after a crime has<br />
been committed.<br />
In the case of murdered investigative<br />
journalist Marlene Garcia-Esperat, who<br />
was killed in front of her children in<br />
2005, three gunmen were tried and sentenced<br />
to life imprisonment. However,<br />
the masterminds are still at large. Sus -<br />
pected Department of Agriculture officials<br />
Estray Sabay and Osmena Montaner<br />
had managed to avert the trial on the<br />
basis of various legal technicalities, but<br />
murder charges were finally filed on 20<br />
October. An arrest warrant was issued for<br />
the two men in February, but they<br />
remain free as the result of a preliminary<br />
injunction; the prosecution says arrest<br />
warrants may soon be issued.<br />
Death threats are a<br />
frequent and often effective<br />
form of censorship<br />
A welcome development came in the<br />
case of journalist Cirse “Choy” Torralba,<br />
who survived a murder attempt on 8 June<br />
2004. John Lloyd Ortiz was sentenced on<br />
31 March to 12 years in prison, and<br />
ordered to pay US$ 3,880 in damages,<br />
for the attempted murder of Torralba.<br />
This is a rare instance: the National<br />
Union of Journalists of the Philippines<br />
(NUJP) record as many as 91 murders of<br />
members of the media in the last 20<br />
years. This high number has resulted in<br />
only four convictions, with eight investigations<br />
still ongoing.<br />
In this dangerous environment, death<br />
threats are a frequent and often effective<br />
form of censorship, with numerous cases<br />
reported this year (and even more, certainly,<br />
unreported). Meanwhile, journalists,<br />
in particular radio broadcasters, are<br />
murdered with impunity.<br />
<strong>On</strong> 7 April, Benefredo Acabal, publi -<br />
sher and columnist for The Filipino News -<br />
men, was shot five times at close range in<br />
the city of Pasig. Acabal, who was at -<br />
tacked by an unknown gunman, died on<br />
the way to hospital. It is unclear whether<br />
he was targeted because of his work.<br />
Released Philippine television journalist Ces Drilon gestures as she answers media<br />
question during a news conference at the airport in Manila. (Reuters/Cheryl Ravelo)<br />
In another slaying of a journalist,<br />
Robert “Bert” Sison was shot dead by<br />
unknown gunmen while driving home on<br />
30 June. The reporter and broadcaster<br />
was driving in his car with his two adult<br />
daughters, who worked at the same weekly<br />
paper, the Regional Bulletin. Sison’s eldest<br />
daughter, Liwayway, was wounded in<br />
the arm. Her younger sister, Amirah,<br />
escaped by pretending to be dead.<br />
In separate incidents, two broadcasters<br />
from Radio Mindanao Network were<br />
killed on 4 and 7 August, respectively.<br />
Anchorman Dennis Cuesta was ambu -<br />
shed and shot in General Santos City,<br />
Mindanao, on 4 August, and died three<br />
days later. <strong>On</strong> 7 August, Martin Roxas,<br />
the programme director for a sister sta-<br />
Philippines In Brief<br />
tion, was shot dead by a gunman on a<br />
motorcycle. Both men were known for<br />
their analysis of local politics.<br />
<strong>On</strong> 17 November, Radyo Natin broadcaster<br />
Aresio Padrigao was shot dead by a<br />
motorcycle gunman while dropping off<br />
his daughter in front of Bukidnon State<br />
University. The Gingoog City journalist<br />
anchored a weekly news programme that<br />
criticised local government corruption.<br />
He had reportedly received death threats<br />
prior to his murder.<br />
<strong>On</strong> 2 December, another Radyo Na -<br />
tin broadcaster, Leonilo Mila, was murdered<br />
while leaving the radio station<br />
compound in San Roque. His colleagues<br />
eventually found his body in an empty<br />
lot near the gate. Mila had been shot six<br />
Population: 96.1 million<br />
Domestic Overview: The Philippines has been independent since 1946.<br />
It has a representative democracy based on the U.S. system, but corruption<br />
and graft continue to plague the country. Annual growth in 2007 was a robust<br />
7.2%. The government faces various threats from terrorist groups, including<br />
Jemaah Islamiyah (JI) and the Abu Sayyaf Group (ASG). In Mindanao<br />
province, the separatist Moro Islamic Liberation Front (MILF) presents an<br />
ongoing challenge, after peace talks in 2008 came to nothing.<br />
Beyond Borders: There are four or five million Filipinos working abroad<br />
as contract employees, and remittances constitute more than 11% of GDP.<br />
The welfare of these workers is a top foreign policy concern.<br />
The Philippines play an active role in the UN and UN special agencies,<br />
ASEAN, the ASEAN Regional Forum and APEC, as well as the Non-Aligned<br />
Movement (NAM). Its government is currently seeking observer status in the<br />
Organisation of the Islamic Conference (OIC).
times. He had reportedly received death<br />
threats from a local official and an un -<br />
identified teacher prior to his slaying.<br />
In all, six radio journalists were killed<br />
in 2008. At least 11 journalists reported<br />
that they had received death threats. In<br />
other incidents, three journalists and one<br />
university professor were abducted in<br />
June by Abu Sayyak militants they were<br />
meeting to interview. They were held for<br />
nine days. <strong>On</strong> 1 October, three Minda -<br />
nao-based correspondents were shot at,<br />
allegedly during a clash between the<br />
Philippine army and members of the<br />
Moro Islamic Liberation Front (MILF)<br />
separatist group. The army claimed that<br />
they were firing at MILF forces; however,<br />
the militia said it was not in the area that<br />
day, and that the army shot at the journalists<br />
so that they would stop filming<br />
burning houses.<br />
Recommendations<br />
Bring killers and masterminds<br />
to justice in journalist murders<br />
Abolish prison sentences for libel<br />
and decriminalize defamation<br />
Improve training for responsible<br />
journalism<br />
Empower the <strong>Press</strong> Council<br />
and <strong>Press</strong> <strong>Institute</strong> to effectively<br />
handle grievances from all parts<br />
of the Philippines<br />
Singapore in brief<br />
Singapore by Naomi Hunt<br />
The government’s tight control over<br />
all forms of media and expression<br />
continued in 2008. The year was marked<br />
with numerous instances of censorship<br />
and the use of defamation charges to si -<br />
lence political opposition and other critical<br />
voices.<br />
<strong>On</strong> 22 May, the authorities confiscated<br />
the DVD of a film that was to be<br />
shown at a private screening. The film,<br />
“<strong>On</strong>e Nation under Lee,” charts Lee<br />
Kuan Yew’s rise to power and the accompanying<br />
limits on freedom of expression<br />
and association. During the private viewing<br />
at a Singapore hotel, Media Develop -<br />
ment Authority (MDA) officers arrived<br />
and demanded the DVD, on the grounds<br />
that it is illegal to screen films that have<br />
not been vetted by the authorities. After<br />
facing some resistance, officials returned<br />
later with plainclothes police in the hope<br />
that the organizers would be arrested for<br />
“obstructing justice”; however, the DVD<br />
was handed over and the police left.<br />
When the authorities returned again to<br />
take away the projection equipment, they<br />
were met with loud protests.<br />
No People’s Action<br />
Party member has ever lost<br />
a defamation lawsuit<br />
In July, the <strong>International</strong> Bar Associa -<br />
tion Human Rights <strong>Institute</strong> (IBAHRI)<br />
gave Singapore a failing grade, pointing<br />
out that leading People’s Action Party<br />
(PAP) members have won millions of dol -<br />
lars in defamation lawsuits over the years.<br />
The IBAHRI also noted that no PAP<br />
member has ever lost a defamation suit.<br />
Much of the year’s news centered<br />
around the coverage of a lawsuit by Prime<br />
Population: 4.6 million<br />
Domestic Overview: Singapore has been self-governing since 1959, but<br />
became part of Malaysia until disputes led to an amiable separation in 1965.<br />
Singapore has been ruled by the People’s Action Party (PAP) since 1959, as<br />
the PAP was victorious in every election. Lee Kwan Yew was Prime Minister<br />
from 1959 to 1990, Senior Minister until 2004, and now holds the position<br />
of Minister Mentor. His son, Lee Hsien Loong, is the current prime minister.<br />
Beyond Borders: Singapore plays an active role in regional politics,<br />
and is a member of ASEAN, the ASEAN Regional Forum and APEC.<br />
It is non-aligned, a member of NAM and the Commonwealth. It is active<br />
in the UN, and has sent peacekeepers on several missions.<br />
Singapore’s Prime Minister Lee Hsien<br />
Loong, son of Minister Mentor Lee Kwan<br />
Yew (Reuters)<br />
Minister Lee Hsien Loong and his father,<br />
Minister Mentor Lee Kuan Yew, against<br />
Singapore Democratic Party (SDP) Sec -<br />
retary General Dr. Chee Soon Juan and<br />
his sister Chee Siok Chin. The lawsuit<br />
stemmed from an article published in the<br />
SDP newsletter, which compared the go -<br />
v ernment’s style of governance to a scan -<br />
dal in a well-known charity organization.<br />
Chee Soon Juan and Chee Siok Chin<br />
spent 10 and 12 days in prison, respectively,<br />
as a result, and in October they<br />
and the SDP were ordered to pay the<br />
Lees US$416,000, a sum that could<br />
bank rupt the party. This is not the first<br />
time that Chee Soon Juan has been bankrupted<br />
by a defamation lawsuit. Interest -<br />
ingly, Singapore law dictates that bankrupt<br />
individuals may not run for public<br />
office and are not allowed to travel without<br />
permission from the Insolvency and<br />
Public Trustee’s Office.<br />
<strong>On</strong>e blogger, the Far Eastern Economic<br />
Review and its editor, and three staff<br />
mem bers from the Asian Wall Street Jour -<br />
nal, all faced legal consequences for their<br />
coverage of the proceedings.<br />
Blogger Gopalan Nair, an ex-Singa -<br />
porean who currently holds American<br />
citizenship and runs a Los Angeles law<br />
firm, was sentenced to three months in<br />
prison on 18 September. Nair’s troubles<br />
with the Singapore authorities began in<br />
May, when he flew to the island-nation<br />
to attend the SDP hearings. While there,<br />
he wrote in his blog that a judge was<br />
“prostituting herself” through her han-<br />
57
58<br />
Construction on Singapore’s booming Orchard Road (Reuters/Tom Peters)<br />
dling of the case. For these comments,<br />
Nair appeared before court on 12 and 16<br />
June, accused of “insulting a public servant.”<br />
Reporters without Borders called<br />
the trial a “farce,” given that the judge<br />
who heard Nair’s case was, in fact, one of<br />
the plaintiffs.<br />
Meanwhile, Singapore’s attorney general<br />
initiated contempt proceedings<br />
against the Asian Wall Street Journal’s editor<br />
and two of its journalists for its coverage<br />
of the proceedings, alleging two published<br />
editorials and a letter attacked the<br />
“impartiality, integrity and independence<br />
of the Singapore judiciary.” <strong>On</strong> 25 No -<br />
vember, a court found the publication in<br />
contempt of court, and imposed a fine of<br />
about 16,500 US$.<br />
The published materials included an<br />
analysis of the prime minister’s performance<br />
on the stand as he was personally<br />
cross-examined by Chee Soon Juan, stating<br />
in part, that “[w]hen the subject tur -<br />
ned to the moral underpinnings of de -<br />
mo cracy – freedom of speech, assembly<br />
and association – the debate went game,<br />
set and match to Mr. Chee.”<br />
In September, the Lees won a defamation<br />
suit against the Far Eastern Economic<br />
Review and its editor, Hugo Restall, for<br />
comments published on the SDP-PAP<br />
conflict. The damages to be paid have not<br />
yet been determined. However, the newspaper<br />
is just the last in a string of foreign<br />
media organizations that have been hit<br />
with enormous defamation damages.<br />
News agencies that have paid include the<br />
Financial Times, Bloomberg News and the<br />
<strong>International</strong> Herald Tribune.<br />
In the meantime, comments in Au -<br />
gust by PM Lee Hsien Loong, stating<br />
that the government would ease the ban<br />
on political videos and outdoor public<br />
demonstrations, were met by both scepticism<br />
and optimism amongst writers, film<br />
makers and artists. Filmmaker Martyn<br />
See, who has had two of his films ban -<br />
ned, called the move “the most obvious<br />
relaxation of political space in Singapore<br />
in the last 20 years,” adding that it would<br />
“lessen the climate of fear.”<br />
In July 2008, the<br />
<strong>International</strong> Bar Asso -<br />
ciation Human Rights<br />
<strong>Institute</strong> gave Singapore<br />
a failing grade<br />
But the prime minister was careful to<br />
temper his promises, asserting that laxer<br />
restrictions would be accompanied by<br />
“safeguards.” He reportedly said, “Some<br />
things are obviously alright; factual foot -<br />
age, documentaries, recordings of live<br />
events. But I think some things should<br />
still be off limits… (for instance) if you<br />
made a political commercial so that it’s<br />
purely made-up material, partisan stuff,<br />
footage distorted to create a slanted im -<br />
pression.”<br />
It remains to be seen whether the government<br />
will keep its word. Unfortu -<br />
nate ly, nothing since August has given<br />
reason to believe that government officials<br />
will stop using the courts to silence<br />
their critics.<br />
Recommendations<br />
Strengthen judicial independence<br />
Impose tight limitations on damages<br />
awarded for defamation<br />
Carry out promise of easing<br />
restrictions on political videos<br />
and public demonstrations
South Korea by Nayana Jayarajan<br />
In direct contrast to its northern neighbour,<br />
South Korea boasts a diverse<br />
media environment. Television is influential,<br />
and many South Koreans subscribe<br />
to digital and cable television services.<br />
The population is almost 100% literate<br />
and there are over 100 newspapers. South<br />
Korea is also one of the most tech-savvy<br />
countries in the world. The country has<br />
pioneered TV on mobile phones, and<br />
Internet gaming is a national obsession.<br />
In September, officials stated that almost<br />
every South Korean household has a highspeed<br />
Internet connection. In Oc tober,<br />
an Internet services company announced<br />
that it was pioneering a plan to make<br />
wireless Internet available in all parts of<br />
Seoul.<br />
Despite an overall progressive<br />
media environment,<br />
with the media able to criticise<br />
the administration,<br />
there have been occasional<br />
incidents of repression of<br />
the media in the past year<br />
Despite an overall progressive media<br />
environment, with the media able to criticise<br />
the administration, there have been<br />
occasional incidents of repression of the<br />
media in the past year.<br />
South Korea is governed by President<br />
Lee Myung-bak, who took office in Feb -<br />
ruary 2008, after having scored a record<br />
victory margin in the presidential election<br />
with his economy-focussed campaign.<br />
His Grand National Party also won control<br />
of parliament in April 2008. How -<br />
ever, the President’s approval ratings<br />
plum meted in June when it was revealed<br />
that he had agreed to resume U.S. beef<br />
imports to South Korea in exchange for a<br />
free trade deal. South Korea, formerly the<br />
third largest import market for U.S.-produced<br />
beef, banned imports in 2003 following<br />
the discovery of mad cow disease<br />
in Washington State. The decision to re -<br />
sume imports was met with major public<br />
protests, demonstrations and strikes. In<br />
addition, the government has already<br />
announced that South Korea could be<br />
severely affected by the financial crisis.<br />
When it emerged that the protests were<br />
coordinated over the Internet, the beleaguered<br />
government announced in<br />
September that it would consider new<br />
laws to control what it calls the spread of<br />
false information that prompts social<br />
unrest. Under the proposal, all forum<br />
and chat room users will be required to<br />
make verifiable registrations using their<br />
real names. As well, South Korea’s Com -<br />
munications Commission would make it<br />
mandatory that websites remove for 30<br />
days articles that received complaints for<br />
being fraudulent or slanderous; after that,<br />
South Korea’s media arbitration body<br />
would rule on whether to allow the article<br />
to be published again.<br />
This would not be the first time that<br />
South Korea has attempted to restrict its<br />
citizens’ access to the Internet. “Even un -<br />
der progressive presidents like Roh Moo<br />
Hyun, police blocked pro-North Korean<br />
websites, demanded pro-North Korean<br />
postings be erased, and even arrested two<br />
activists for – among other things – downloading<br />
‘The Communist Manifesto’,”<br />
said Robert Koehler, an English-language<br />
blogger on Korea based in Seoul, quoted<br />
in the <strong>International</strong> Herald Tribune.<br />
According to Lee Han Ki, editor in<br />
chief of OhmyNews, the biggest citizen<br />
journalist portal in South Korea, “The<br />
proposed legislation will not only hinder<br />
free speech by Korean ‘netizens’ but<br />
seems to be aimed at controlling the pub-<br />
South Korea in brief<br />
lic opinion of Internet news media.”<br />
“The governments that are given the<br />
power to block things usually tend to<br />
block things, including information that<br />
originally wasn’t intended to be blocked<br />
from access,” said Jimmy Wales, founder<br />
of the Internet encyclopedia, Wikipedia,<br />
in response to the proposed South Ko -<br />
rean legislation.<br />
The beleaguered government<br />
announced in<br />
September that it would<br />
consider new laws to control<br />
what it calls the spread<br />
of false information that<br />
prompts social unrest<br />
In another incident, the government<br />
of South Korea ordered a documentary<br />
filmmaker to return from Iraq, where she<br />
was on assignment. Kim Young Me had<br />
been embedded with U.S. forces in Iraq<br />
when she was informed that she did not<br />
have her government’s permission to stay.<br />
It is believed that she was recalled under<br />
a law that demands that South Koreans<br />
wanting to travel to Iraq, Afghanistan or<br />
Somalia must seek permission from the<br />
Population: 48.4 million<br />
Domestic Overview: A Japanese colony during World War II, Korea<br />
regained its independence after Japan’s surrender. A Republic of Korea was<br />
set up in the south of the country, while the north became the Democratic<br />
People’s Republic of Korea (DPRK) During the Korean War (1950-53), U.S.<br />
troops and UN forces fought alongside soldiers from the Republic of Korea<br />
to defend South Korea from DPRK attacks supported by China and the<br />
Soviet Union. An armistice was signed in 1953, splitting the peninsula<br />
in a demilitarised zone along the 38th parallel. Thereafter, South Korea<br />
achieved rapid economic growth with per capita income rising to roughly<br />
14 times the level of North Korea.<br />
The country is governed by President Lee Myung-bak of the Grand National<br />
Party (GNP), who took office in February 2008 after having scored a record<br />
victory margin in the presidential election with his economy-focussed campaign.<br />
The GNP also won control of parliament in April 2008.<br />
Beyond Borders: The Military Demarcation Line within the four km-wide<br />
Demilitarized Zone has separated North from South Korea since 1953.<br />
Periodic incidents with North Korea in the Yellow Sea over the Northern<br />
Limiting Line, which South Korea claims as a maritime boundary, are a<br />
common occurrence. It is a founding member of the Asia-Pacific Economic<br />
Cooperation (APEC) forum, and chaired the organisation in 2005. The United<br />
States and South Korea are bound by the 1953 Mutual Defence Treaty.<br />
59
60<br />
Lee Myung-bak, former Seoul mayor and presidential nominee from South Korea's<br />
GNP, speaks during a debate in Seoul at the Kwanhun Club, an organization<br />
for senior journalists, in Seoul 5 November, 2007. (Reuters/Han Jae-Ho)<br />
Foreign Ministry. Punishment for violating<br />
the law is up to one year in prison or<br />
a fine of up to three million won (US$<br />
2,890).<br />
<strong>On</strong> 26 June, IPI received information<br />
suggesting that unidentified “netizens” in<br />
South Korea had attempted to influence<br />
the editorial policies of the country’s three<br />
major newspapers, the Chosun Ilbo, the<br />
Dong-A Ilbo and the Joong-Ang Ilbo, by<br />
various means, including the distribution<br />
of leaflets and stickers, as well as telephone<br />
campaigns aimed at harassing ad -<br />
vertisers into withdrawing their advertisements.<br />
Since its inauguration in February,<br />
Pre sident Lee Myung-bak’s administration<br />
has instituted several positive chan -<br />
ges in the country’s media environment.<br />
For example, almost 60 press dispatch<br />
rooms closed during the previous administration<br />
have been reopened during the<br />
last year.<br />
However, challenges to press freedom<br />
in South Korea remain. For example,<br />
while the much-maligned Measures for<br />
Developing an Advanced Media Support<br />
System, which aim to restrict reporters’<br />
entry to government offices and require<br />
ministry staff members to report their<br />
con tacts with journalists to superiors,<br />
have not been enforced by the current<br />
administration, they have yet to be officially<br />
repealed. Similarly, the Act Gover -<br />
ning the Guarantee of Freedom and<br />
Functions of Newspapers (often referred<br />
to as the “Newspaper Law”) and the<br />
News paper and <strong>Press</strong> Arbitration Law<br />
(also known as the “<strong>Press</strong> Arbitration<br />
Law”), which IPI has repeatedly criticised<br />
as unduly restrictive, remain in force.<br />
Recommendations<br />
Cease state attempts to censor or<br />
otherwise influence journalists<br />
and restrict free speech, whether<br />
in the media or online<br />
Repeal or re-visit the Newspaper Law<br />
and the <strong>Press</strong> Arbitration Law<br />
Sri Lanka<br />
by Naomi Hunt<br />
The country, marred by conflict for<br />
de cades, has witnessed increased<br />
vio lence during the past two years, which<br />
in January of this year culminated in the<br />
government’s official withdrawal from a<br />
ceasefire with the Liberation Tigers of<br />
Tamil Eelam (LTTE). As in the past, the<br />
conflict took a heavy toll on journalists.<br />
Sri Lanka’s media landscape reflects<br />
communalism and partisan politics.<br />
Authorities reportedly favour the majority<br />
Sinhalese media organizations based in<br />
Colombo, although no publication is free<br />
from scrutiny. This pro-Sinhalese bias has<br />
frustrated many Tamil- journalists, who<br />
feel their safety and ability to report are<br />
threatened by the authorities and other<br />
in terest groups. Impunity remains of<br />
great concern.<br />
<strong>On</strong>e widely-publicized<br />
instance of detention<br />
without charge involved<br />
Tamil-speaking journalists<br />
V. Jasikaran, his partner,<br />
and J.S. Tissainayagam.<br />
All three have been<br />
held since early March<br />
under anti-terrorism<br />
legislation, reportedly<br />
tortured and ill-treated by<br />
authorities in Colombo<br />
The Emergency Regulations of 2005,<br />
the Prevention of Terrorism Act (PTA) of<br />
2006 and other laws that give authorities<br />
broad and vaguely-defined powers to<br />
shut down those reporting on “sensitive”<br />
topics continued to serve as tools for persecution.<br />
<strong>On</strong>e widely-publicized instance of de -<br />
tention without charge involved Tamilspeaking<br />
journalists V. Jasikaran, his partner,<br />
and J.S. Tissainayagam. All three<br />
have been held since early March under<br />
anti-terrorism legislation, reportedly tortured<br />
and ill-treated by authorities in<br />
Colombo.<br />
<strong>On</strong> 6 March, Jasikaran, who owns E-<br />
Kwality printing works and reports for<br />
the news website Outreach Sri Lanka,<br />
and his wife, were arrested by the Ter -<br />
rorist Investigation Division (TID). <strong>On</strong> 7<br />
March, Sunday Times and Outreach Sri<br />
Lanka journalist Tissainayagam was ar -
Journalist shouts during media protest against Sri Lankan police IGP Wickramaratna in<br />
Colombo. (Reuters)<br />
rested after visiting the TID to ask about<br />
his imprisoned colleague. It is believed<br />
they were targeted for their analysis of<br />
clashes between government forces and<br />
the LTTE.<br />
Tissainayagam was not charged until<br />
late August, when he was indicted for<br />
allegedly violating the PTA by “bringing<br />
the government into disrepute” with articles<br />
published between June 2006 and<br />
2007 in North Eastern Monthly magazine<br />
(a now-defunct pro-Tamil English-language<br />
publication); and violating the<br />
Emergency Regulations by “aiding and<br />
abetting terrorist organizations” through<br />
the raising of money for the magazine.<br />
In November, Tissainayagam was moved<br />
without explanation to the notorious<br />
Ma gazine prison in Colombo. As of De -<br />
cember, he is awaiting trial, and is said to<br />
have made a confession under duress.<br />
It is unclear if Jasikaran and his partner<br />
have been charged, but Jasikaran was<br />
in prison as of late November, when his<br />
family received calls threatening that he<br />
would be harmed in jail.<br />
A.R.Vaama Loshan, of Vettri FM<br />
Radio, a Tamil radio station, was also<br />
arrested under the PTA by the TID in<br />
November. However, he was released<br />
with out charge or explanation within<br />
eight days.<br />
Violence against journalists was widespread<br />
throughout the year. <strong>On</strong> 22 May,<br />
Keith Noyahr was abducted and severely<br />
beaten. The journalist and deputy editor<br />
of weekly magazine The Nation was al -<br />
legedly targeted as a result of his independent<br />
coverage on the conflict in the<br />
north. Noyahr was tortured by his captors.<br />
Journalists attempting to organize a<br />
protest against the lack of government<br />
Columnist Tissainayagam walks to High Court<br />
near prison officers in Colombo. (Reuters)<br />
action were reprimanded for their criticism,<br />
and warned that their own security<br />
could not be guaranteed if such criticism<br />
were to continue.<br />
Paranirupasingham Devakumar, a television<br />
correspondent, was stabbed to<br />
death on 28 May in Jaffna. He was one of<br />
the few journalists still working in Jaffna,<br />
a battle ground between LTTE and army<br />
forces, and, after Baghdad, the world’s<br />
deadliest city for journalists.<br />
<strong>On</strong> 30 June, Sri Lanka <strong>Press</strong> <strong>Institute</strong><br />
(SLPI) journalist and deputy chief Namal<br />
Perera and his friend were brutally beaten<br />
in a failed abduction attempt. Appa rent -<br />
ly, Perera was targeted in the wake of a<br />
scandal between the SLPI and the government<br />
mouthpiece Dinamina. Dina -<br />
mi na had printed an earlier story alleging<br />
that the SLPI aided several LTTE terrorists<br />
who travelled to Norway on the pretence<br />
that they were journalists. The<br />
SLPI was considering legal action against<br />
the newspaper, calling the claims “baseless,<br />
misleading and factually incorrect,”<br />
when Perera and his friend were attacked.<br />
High-ranking officials contributed to<br />
the hostile media environment with both<br />
their words and their actions. Army<br />
Commander Lt. Gen. Sarath Fonseka<br />
im plied that reporters who are attacked<br />
have only themselves to blame, stating in<br />
a 20 July interview with the state-run<br />
61
62<br />
Sunday Observer, that for journalists who<br />
“damage” his organisation or individuals,<br />
“it is natural that they should live in fear.”<br />
Sinhala-language publications were<br />
not immune. <strong>On</strong> 5 August, Fonseka war -<br />
ned Lankadeepa reporter Indika Rama na -<br />
yake that he would no longer cooperate<br />
with the publication unless it shut down<br />
two weekly columns that analysed military<br />
defence affairs.<br />
Labour Minister Mervyn Silva was<br />
even more aggressive. <strong>On</strong> 4 August, Silva<br />
physically attacked two journalists during<br />
the opening ceremony of a flyover bridge<br />
in Kelaniya. MBC Network’s Sirasa TV<br />
had sent the reporters to cover the event.<br />
The Highways Ministry, which had invited<br />
Sirasa TV, promised that Silva would<br />
not abuse the press. But Silva and his<br />
cohorts lashed out as police security<br />
watched. Sirasa TV footage shows the<br />
minister muttering that he would have to<br />
“break the Buddhist teaching of not taking<br />
any person’s life.”<br />
Three days later, senior police superintendent<br />
Ranjith Gunesekara defended<br />
Silva’s right to stop people from filming<br />
him. The police chief insisted that Sirasa<br />
Sri Lanka in brief<br />
TV should not have covered the event,<br />
since they knew that the minister is hostile<br />
toward their station.<br />
Paranirupasingham<br />
Devakumar, a television<br />
correspondent, was stabbed<br />
to death on 28 May<br />
in Jaffna. He was one of<br />
the few journalists still<br />
working in Jaffna, a battle<br />
ground between LTTE and<br />
army forces, and, after<br />
Baghdad, the world’s deadliest<br />
city for journalists<br />
<strong>On</strong> 11 August, the minister took his<br />
antipathy towards Sirasa TV further.<br />
Silva reportedly bussed around 100 men,<br />
women and children from his constitu -<br />
ency into Colombo to act as protestors.<br />
“Demonstrators” then shouted slogans<br />
claiming they were the “indomitable<br />
force” of the Sri Lankan president, and<br />
that Sirasa TV is pro-LTTE.<br />
Population: 21.1 million<br />
Domestic Overview: This island nation, located 28 km off of the Indian<br />
coast, has been independent since 1948. In 1972, its name was changed<br />
from Ceylon to Sri Lanka, and the protection of Buddhism was constitutionalised.<br />
Tensions worsened between the Sinhalese Buddhist majority and<br />
the large Tamil minority living in the north and east. Partially in response<br />
to Sinhalese nationalism, separatist Tamil politicians and armed groups<br />
emerged, notably the Liberation Tigers of Tamil Eelam (LTTE), who use force<br />
to seek an independent state.<br />
The killing of 13 Sinhalese soldiers in 1983 by the LTTE marked the beginning<br />
of the largest spate of communal violence. Tamil areas became a warzone,<br />
and tens of thousands fled as refugees to India. There have been several<br />
unsuccessful attempts to negotiate peace, including offers from the government<br />
to give Tamil areas increased autonomy. Fighting in the north has<br />
persisted with few breaks. In January 2008, the government announced<br />
its unilateral withdrawal from a 2002 ceasefire and stepped up attacks.<br />
Despite terrorist attacks in Sinhalese-majority areas, including the capital,<br />
fighting is limited primarily to the north and east. The majority of the island<br />
is stable and secure, allowing development. Tourism is a major sector in the<br />
Sri Lankan economy.<br />
Beyond Borders: Sri Lanka is an active developing country in the United<br />
Nations, and was a founding member of the Non-Aligned Movement.<br />
It is a member of the Commonwealth, the IMF, the World Bank and the<br />
South Asian Association for Regional Cooperation.<br />
The LTTE has been designated a terrorist organization by the European Union<br />
and the United States.<br />
Encouragingly, an indictment was<br />
issued against Silva in November in connection<br />
with his many run-ins with Si -<br />
rasa TV, accusing him of several charges,<br />
including assault and robbery.<br />
Not surprisingly, attacks by civilians<br />
also occurred. <strong>On</strong> 28 August, three journalists<br />
were assaulted while conducting<br />
interviews with teachers’ union protesters.<br />
First, Yamuna Harshani and photojournalist<br />
Janaka Galappaththi of Lan ka -<br />
deepa newspaper were attacked by three<br />
medical students at the Colombo Uni -<br />
versity Medical Facility, in full view of<br />
police security, who did not intervene.<br />
When the two journalists called a third to<br />
come record the event, he was also<br />
assaulted.<br />
In a particularly vicious attack, journalist<br />
Radhika Devakumar was shot three<br />
times at point blank range by a group of<br />
unknown assailants. The men arrived at<br />
her house in the early evening of 8 Sep -<br />
tember, and fired shots into her shoulder,<br />
chest and abdomen. Her life was saved by<br />
immediate medical attention after family<br />
members rushed her to the hospital. She<br />
had been working as a Tamil-language<br />
journalist for numerous publications and<br />
broadcasters. Like many journalists in Sri<br />
Lanka, she also worked in politics.<br />
Journalists reporting on the conflict<br />
also risk being killed in the crossfire. <strong>On</strong><br />
1 October, journalist Rashmi Mohamed<br />
died along with 26 other people when a<br />
suicide bomber blew himself up in the<br />
office of the United National Party in<br />
Anuradhapura.<br />
Towards the end of the year, BBC’s<br />
Sinhala service was repeatedly interfered<br />
with. The Defence Ministry website also<br />
singled out the station for criticism for<br />
reporting on civilian deaths in war zones,<br />
and the state-owned Sri Lanka Broad -<br />
casting Cooperation (SLBC) in August<br />
began broadcasting programs right after<br />
BBC programming to present the government’s<br />
views on its reports.<br />
Recommendations<br />
Discourage physical attacks against<br />
journalists by tackling impunity<br />
Stop use of anti-terrorism legislation<br />
for media harassment<br />
End anti-media rhetoric by highranking<br />
public officials
Mission<br />
<strong>Press</strong> Freedom in Sri Lanka<br />
In October 2008, IPI joined an international<br />
solidarity and advocacy mission<br />
to Sri Lanka to assess the media situation<br />
and to support local media under the<br />
shadow of the ongoing fighting between<br />
the Sri Lankan government and the Libe -<br />
ration Tigers of Tamil Eelam (LTTE).<br />
Dnyanesh V. Jathar, Mumbai bureau<br />
chief of the Week and a member of IPI’s<br />
Indian National Committee, represented<br />
IPI on the <strong>International</strong> <strong>Press</strong> Freedom<br />
and Freedom of Expression Mission (the<br />
“<strong>International</strong> Mission”).<br />
In its subsequent report, “Media Un -<br />
der Fire: <strong>Press</strong> Freedom Lockdown in Sri<br />
Lanka”, the <strong>International</strong> Mission outli -<br />
ned the many challenges faced by the me -<br />
dia. It highlighted the following findings:<br />
The Conflict<br />
Independent information about the war<br />
has been reduced to a minimum. Free -<br />
dom of the press is a victim of collateral<br />
damage in the war between the government<br />
and the Tamil Tigers with an<br />
almost total blackout of independent and<br />
objective reporting from the north and<br />
east of the country. Over the last year,<br />
three trends relating to the coverage of<br />
the conflict have emerged: a lack of press<br />
access and independent information in<br />
the conflict zones; a wave of assaults and<br />
intimidation of journalists specialised in<br />
defence; and self-censorship by the media<br />
on the realities of the war.<br />
Safety and Impunity<br />
There has been a serious deterioration in<br />
the security situation for the Sri Lankan<br />
media with threats, abductions and at -<br />
tacks committed by all parties to the conflict<br />
and particularly state and non-state<br />
armed groups. At least fourteen media<br />
practitioners have been killed since Au -<br />
gust 2005 and there have been numerous<br />
death threats and incidents of harassment,<br />
including violent attempts to stop<br />
the distribution of newspapers. More over,<br />
even in cases where evidence exists of the<br />
identity of the alleged killers, the relevant<br />
authorities have apparently taken little or<br />
no action.<br />
Those supporting a negotiated settlement<br />
are often labelled as “traitors” and<br />
supporters of one or the other combatant<br />
parties and there appears to be a widespread<br />
acceptance of language that intimidates<br />
journalists and endangers them in<br />
the performance of their duties.<br />
There have been repeated instances of<br />
elected representatives and government<br />
ministers using violence and inflammatory<br />
language against media workers and<br />
institutions. State-owned media and the<br />
website of the Ministry of Defence have<br />
contributed to the vilification of independent<br />
media and journalists. Such<br />
actions can only be construed as efforts to<br />
discredit media through false accusations<br />
and clearly places them in danger.<br />
Legal Cases<br />
There is an increasing and systematic<br />
policy of interrogating journalists with<br />
threats of legal action. In particular, the<br />
use of anti-terrorism legislation to punish<br />
journalists purely for what they have<br />
written has set a dangerous precedent.<br />
Freedom of the press<br />
is a victim of collateral<br />
damage in the war between<br />
the government and<br />
the Tamil Tigers with an<br />
almost total blackout of<br />
independent and objective<br />
reporting from the north<br />
and east of the country<br />
Indirect censorship<br />
Censorship exists, though largely through<br />
indirect means. Those refusing to toe the<br />
government’s line may be la belled as spies<br />
or traitors. The willingness of politicians<br />
and others to denounce the media reinforces<br />
self-censorship. Media access to<br />
areas of conflict is heavily res tricted with<br />
journalists forced to reproduce information<br />
disseminated by the warring parties.<br />
Media are constantly threatened by all<br />
parties to the conflict in an effort to curtail<br />
independent and critical reporting.<br />
Tthe provision of official information<br />
to media outlets is often conditioned<br />
upon the extent to which they support<br />
the government. Media rules gazetted on<br />
10 October by the Sri Lankan government<br />
– though kept in abeyance at least<br />
in the short-term — provide for a number<br />
of contingencies under which broadcasting<br />
licenses can be cancelled, including<br />
seven different grounds related to<br />
broadcast content. Moreover, a popular<br />
broadcast channel has been put on notice<br />
that it is to submit transcripts of news<br />
broadcasts “to be carried” every week as<br />
of 28 October.<br />
Based on its findings, the Interna tio -<br />
nal Mission issued recommendations<br />
focussing on the creation of a pluralistic<br />
and safe media environment. The Inter -<br />
national Mission also specifically called<br />
for the establishment of a special task<br />
force integrating the roles of a witness<br />
protection programme and the police to<br />
investigate attacks on the media.<br />
The <strong>International</strong> <strong>Press</strong> Freedom<br />
and Freedom of Expression Mission,<br />
in whose name the mission was undertaken,<br />
is based on an informal grouping<br />
of international organisations,<br />
including ARTICLE XIX, the Committee<br />
to Protect Journalists, FreeVoice, the<br />
<strong>International</strong> Federation of Journalists),<br />
<strong>International</strong> Media Support, IPI, the<br />
<strong>International</strong> News Safety <strong>Institute</strong>,<br />
Reporters Without Borders, the South<br />
Asia Media Commission, the United<br />
Nations Educational, Scientific and<br />
Cultural Organization, the World Asso -<br />
ciation of Community Radio Broad -<br />
casters, the World Association of<br />
Newspapers and the World <strong>Press</strong><br />
Freedom Committee. IPI would like<br />
to thank the <strong>International</strong> Mission<br />
for preparing the text of the report.<br />
The full text is available at<br />
http://www.freemedia.at/Srilanka<br />
_mission_2008.pdf.<br />
63
64<br />
Justice Denied<br />
By Barbara Trionfi<br />
The Case of<br />
Subramaniyam<br />
Sukirtharajan<br />
Subramaniyam Sukirtharajan, known<br />
as SSR, was a journalist with the popular<br />
Tamil-language daily Sudar Oli. He<br />
was shot dead in the eastern port city of<br />
Trincomalee in the early morning of 24<br />
January 2006. Sukirtharajan was waiting<br />
for public transport to go to work at<br />
about 6 a.m. when the assailants approa -<br />
ched on a motorbike and fired at him<br />
from close range. He was 35 years old<br />
and the father of two children, aged three<br />
and two.<br />
Subramaniyam Sukirth -<br />
arajan was shot dead<br />
in the eastern port city of<br />
Trincomalee by assailants<br />
on a motorbike<br />
The incident came soon after Sudar<br />
Oli published photographs, taken by<br />
Sukirtharajan, of five Tamil high school<br />
students killed during the infamous Trin -<br />
comalee massacre on 2 January 2006.<br />
The photos showed that the students<br />
were shot at point-blank range, contra-<br />
Subramaniyam Sukirtharajan, a journalist with the Tamil-language<br />
daily Sudar Oli, was shot dead on 24 January 2006 in the eastern port<br />
city of Trincomalee (AP Photo)<br />
As of the end of 2008, no official in vestigation has been ordered<br />
to bring to justice those responsible for Sukirthara jan’s killing.<br />
dicting the army’s claim that the students<br />
were Liberation Tigers of Tamil Eelam<br />
(LTTE) terrorists killed when a grenade<br />
that they were about to lob at government<br />
troops detonated prematurely. (The<br />
Sri Lankan government initiated an official<br />
inquiry into the Trincomalee massacre<br />
at the end of 2006, but no progress<br />
has been reported in bringing those<br />
responsible to justice.)<br />
Sudar Oli is owned by New Uthayan<br />
Publications Ltd, which also publishes<br />
the newspaper Uthayan in Jaffna. The<br />
Utha yan newspaper has been subjected to<br />
terrible pressure in recent years. Five of its<br />
media workers have been killed. Its editor-in-chief<br />
and its news editor have been<br />
living in the newspaper’s offices for al -<br />
most two years.<br />
Staff members at Sudar Oli have been<br />
repeatedly targeted because of the paper’s<br />
allegedly pro-LTTE stance. <strong>On</strong> 29 Au -<br />
gust 2005, a few months before Sukirt -<br />
harajan was murdered, a hand grenade<br />
attack on the newspaper’s printing press<br />
killed a security guard, David Selvarat -<br />
num. <strong>On</strong> 23 August, a staff journalist<br />
with Sudar Oli was roughed up and<br />
detained by the police on suspicion of<br />
being an LTTE spy. <strong>On</strong> 20 August 2005,<br />
tragedy was only narrowly avoided when<br />
two hand grenades that were thrown at<br />
the newspaper’s advertising department<br />
failed to detonate.<br />
Timeline<br />
November 2008: IPI launches<br />
campaign against impunity in<br />
Sukirtharajan’s murder<br />
24 January 2006: Sukirtharajan<br />
murdered by unknown assilants<br />
on a motorbike, who fired at him<br />
from close range<br />
2 January 2006: Sudar Oli publishes<br />
photographs, taken by<br />
Sukirtharajan, of five Tamil high<br />
school students killed during the<br />
infamous Trincomalee massacre
Taiwan by Nayana Jayarajan<br />
Taiwan President Ma at a news conference (Reuters/Nicky Loh) Democratic Progressive Party supporters clash with the police<br />
during a protest against Chen, Chairman of China’s ARATS and<br />
Taiwan’s President Ma (Reuters, Steve Chen)<br />
Relations between longtime adversa -<br />
ries China and Taiwan began showing<br />
signs of a thaw in 2008, with deals<br />
signed to expand commercial ties, air<br />
links and tourism. However, the meeting<br />
between Taiwanese President Ma Yingjeou<br />
and chairman of the Association for<br />
Relations Across the Taiwan Straits<br />
(ARATS), Chen Yunlin, on 16 Novem -<br />
ber sparked protests across Taiwan.<br />
The newly elected government res -<br />
pon ded by asking journalists to provide<br />
photographs of the demonstrators, in a<br />
violation of a journalist’s right to protect<br />
sources. According to Leon Chuang, the<br />
president of the Association of Taiwanese<br />
journalists, “the police have put the<br />
reporters in grave danger by demanding<br />
that they rat on their interviewees.”<br />
There were other signs of pressure on<br />
Taiwan’s media. An independent documentary<br />
filmmaker was detained by po -<br />
lice while she was filming Chen in a hotel,<br />
the <strong>International</strong> Federation of Jour nalists<br />
(IFJ) reported. In a separate incident, a<br />
television reporter was assaulted by police<br />
who reportedly mistook him for a protester<br />
during the 16 November rally.<br />
Several examples of subtle state interference<br />
in Taiwan’s media were reported.<br />
According to the IFJ, the Government<br />
Information Office (GIO) demanded on<br />
26 September that the state-owned Cen -<br />
tral News Agency (CNA) alter critical<br />
reports on the contaminated milk scandal<br />
that broke in China in 2008.<br />
The GIO also demanded that CNA<br />
withdraw a report which criticised the<br />
president, who took office in May. The<br />
chairman of Radio Taiwan <strong>International</strong><br />
(RTI), Taiwan’s state-owned broadcaster,<br />
also claimed that the government had<br />
asked RTI not to broadcast reports that<br />
were too critical of mainland China.<br />
Several independent board directors of<br />
RTI resigned in protest. The GIO denied<br />
the reports.<br />
Taiwanese journalists<br />
face discrimination abroad<br />
as a result of their country’s<br />
international status<br />
In another development, the government<br />
appointed Lo Chih-Chiang, a former<br />
spokesman for Ma’s presidential<br />
cam paign, to the position of deputy president<br />
of CNA. The ruling Kuomintang<br />
(KMT) party also nominated four legisla-<br />
Taiwan in brief<br />
tors to new positions on the board of<br />
supervisors for Taiwan’s Public Television<br />
Service. According to the opposition<br />
Progressive Democratic Party, the KMT<br />
has already appointed six board members<br />
and wants to amend the rules to allow for<br />
more members of the supervisory board.<br />
In November, the Taipei Times reported<br />
that the National Communications<br />
Com mission (NCC) had announced<br />
plans to amend the Satellite Broadcasting<br />
Law to allow people or agencies who feel<br />
they have been the victim of erroneous or<br />
biased reporting to sue TV stations and<br />
commentators. Earlier in the month, the<br />
Financial Supervisory Commission ban -<br />
ned market analyst Allen Chu from<br />
appearing on TV talk shows, allegedly<br />
because one of his reports contained statistical<br />
errors.<br />
Population: 22.9 million<br />
Domestic Overview: Following the Communist victory on mainland China<br />
in 1949, 2 million Nationalists fled to Taiwan and established a government<br />
using the 1946 constitution drawn up for all of China. In 2000, Taiwan underwent<br />
its first peaceful transfer of power from – from the long-ruling nationalists,<br />
or Kuomintang, to the Democratic Progressive Party. The Democratic<br />
Progressive Party was defeated in the 2008 elections by the Kuomintang.<br />
Beyond Borders: The dominant political issues continue to be the relationship<br />
between Taiwan and mainland China — specifically the question of<br />
eventual unification – as well as domestic political and economic reform.<br />
As of September 2008, Taiwan had formal diplomatic ties with 23 countries.<br />
At the same time, Taiwan has cultivated informal ties with most countries to<br />
offset its diplomatic isolation and to expand its economic relations.<br />
65
66<br />
Meanwhile, Taiwanese journalists face<br />
discrimination abroad as a result of their<br />
country’s international status – it has formal<br />
diplomatic ties with only few countries<br />
and no seat at the UN. Taiwan’s bids<br />
for UN membership have repeatedly<br />
been blocked by China, which is a permanent<br />
member of the UN Security<br />
Coun cil and considers it a rogue pro -<br />
vince. As a result, Taiwanese journalists<br />
are repeatedly denied accreditation to<br />
attend UN events. In September, Tai -<br />
wanese journalists were prevented from<br />
attending the 63rd session of the UN<br />
General Assembly.<br />
At home, Taiwanese media are fiercely<br />
competitive and the country’s record of<br />
press freedom is much higher than in<br />
most countries in Asia. But the ruling<br />
party’s recent attempts to pressure news<br />
organizations could reverse gains made<br />
by Taiwanese journalists in recent years.<br />
Recommendations<br />
Recognize and provide accreditation<br />
for Taiwanese journalists at international<br />
forums.<br />
Guarantee media independence.<br />
Tajikistan by Patti McCracken<br />
Russian President Medvedev and his Tajik counterpart Rahmon visit the 201st Russian<br />
military base in Dushanbe (RIA Novosti/Reuters)<br />
The Tajik media continued to suffer<br />
in 2008 under the autocratic rule<br />
of President Emomali Rahmon, who is<br />
ex ceptionally intolerant of dissent and<br />
criticism.<br />
The Tajikistan constitution provides<br />
for a free press, but the rights of journalists<br />
to report without fear of reprisal are<br />
largely ignored. Reporters are routinely<br />
undermined, harassed and threatened by<br />
the authorities. The government continues<br />
to control distribution and printing<br />
facilities, and routinely dictates editorial<br />
content. Beatings, firings, seizure of pro -<br />
perty, and closures of publications are<br />
common. In 2008 alone, the Radio and<br />
Television License Committee forbade<br />
licenses to at least 25 new stations<br />
throughout the country, largely believed<br />
to be a measure to censor free speech.<br />
Despite the considerable poverty of<br />
Tajikistan, the population generally backs<br />
President Rahmon, as they credit him<br />
with ending the bloody civil war which<br />
devastated the country at the break-up of<br />
the Soviet Union in 1991. This public<br />
support of an authoritarian and corrupt<br />
regime is an obstacle to Tajikistan’s goal<br />
of achieving a free and independent<br />
media.<br />
However, some signs of unrest are<br />
starting to show. Although demonstrations<br />
are rare in Tajikistan, several pro -<br />
tests have recently occurred in the capital<br />
Dushanbe and in major provincial cities<br />
of Kulob, Panjakent and Khorog, with<br />
citizens rallying against various government<br />
appointees as well as poor living<br />
conditions. Journalists joined the pro -<br />
tests, speaking out against the president.<br />
Reporters are routinely<br />
undermined, harassed<br />
and threatened by the<br />
authorities<br />
Two years ago, defamation law was ex -<br />
panded to cover online publications. As it<br />
stands, any print, broadcast or online<br />
journalist convicted of defamation faces<br />
up to two years in prison, 500 hours of<br />
hard labour or a fine of up to 1,000 times<br />
the monthly wage. The <strong>International</strong> Re -<br />
search and Exchanges board Tajikistan<br />
(IREX) reports the Culture Minister as<br />
saying that “amendments were needed to<br />
make online journalists and Bloggers act<br />
responsibly.”<br />
Rahmon’s masterful manipulation of<br />
the press was a subject of deep concern<br />
and controversy among the international<br />
media organisations that monitor free<br />
press issues in the region. And the government’s<br />
silence regarding the apparent<br />
murder of Rahmon’s brother-in-law –<br />
along with the state media’s adamant<br />
refusal to cover it legitimately – further
validated the claim that Tajikistan’s press<br />
is neither free nor independent.<br />
In October, Radio Free Europe/Radio<br />
Liberty (RFE/RL) called RSF to task for<br />
giving Tajikistan’s media a higher freedom<br />
rating in its 2008 index than several<br />
other countries in the region, including<br />
Azerbaijan, Belarus, the Republic of Ge -<br />
or gia, Russia, Turkmenistan, Uzbekistan<br />
and Iran. Tajikistan is believed to have a<br />
weaker – or at best, on par – independent<br />
media than these countries.<br />
Popular radio station Imruz,<br />
part of Orienbank’s media<br />
holdings, was taken off the<br />
air by government officials<br />
soon after Sadulloev went<br />
missing. They cited “technical<br />
reasons,” and the station<br />
has not broadcast since<br />
The finger was pointed at Tajikistan’s<br />
government, which has, over a 16-year<br />
rule, learned how to skilfully exploit the<br />
media to create a mirage of a fully functioning<br />
democracy, partially explaining<br />
the skewed results. New York-based<br />
NGO Human Rights Watch backed up<br />
RFE/RL’s assertion in its 2008 report:<br />
“Despots Masquerading as Democrats”,<br />
which cited masterful manipulation of<br />
elections and media that was designed to<br />
sideline any and all opposition.<br />
Tajikistan in brief<br />
When the president’s high profile bro -<br />
ther-in-law, Hasan Sadulloev, went missing<br />
in May, the official media remained<br />
silent. Sadulloev is head of Orienbank,<br />
and considered to be one of the wealthiest<br />
and most powerful men in the country.<br />
His sister is married to the president,<br />
and he is believed to have been killed in a<br />
family dispute regarding the bank. To<br />
date, the president’s office has not officially<br />
commented.<br />
A month after his disappearance, state<br />
broadcasters began running footage they<br />
claimed to be of Sadulloev, although the<br />
images show someone in a crowd, and not<br />
alongside the president, as Sadulloev al -<br />
ways had been. Meanwhile, popular radio<br />
station Imruz, part of Orienbank’s media<br />
holdings, was taken off the air by government<br />
officials soon after Sadulloev went<br />
missing. They cited “technical reasons,”<br />
and the station has not broadcast since.<br />
Although the independent media in<br />
Tajikistan has speculated about Sadul lo -<br />
ev’s case (some say he was wounded and<br />
is recuperating in Germany) no journalist<br />
has dared investigate the disappearance.<br />
At press conferences that included the<br />
president and government officials, no<br />
journalist has ever posed a question about<br />
the disappearance. IREX was surprised<br />
that the independent media reported at<br />
all on the Sadulloev case, and that repercussions<br />
have not yet followed. Regard -<br />
ing the matter, IREX said, “Such topics<br />
have long been taboo under the watchful<br />
eyes of the Rahmon administration.”<br />
Population: 7.2 million<br />
Domestic Overview: Central Asia’s smallest country, Tajikistan was plagued<br />
by civil war in the 1990’s, leaving its economy in tatters. Political stability<br />
since then has allowed for gradual growth, nonetheless, even by official<br />
Tajik figures, over 50 per cent of the population live below the poverty line.<br />
Politically, Tajikistan may appear more democratic on the surface than many<br />
of its neighbours, and it is one of the few Central Asian countries to have<br />
included opposition parties in government. However, all presidential and<br />
parliamentary elections since independence are considered by international<br />
observers to have been severely flawed.<br />
Beyond Borders: The removal of the Taliban from power in Afghanistan<br />
means Tajikistan now enjoys better relations with this southern neighbour.<br />
Relations with Uzbekistan, however, remain strained, and include some<br />
territorial disputes. Uzbek concerns over Tajik plans to develop hydropower<br />
are also a flashpoint. Russia retains a military presence in Tajikistan, through<br />
the 201st Motor Rifle Division.<br />
Ukraine's President Yushchenko meets<br />
Tajikistan's President Rahmon in Kiev<br />
(Konstantin Chernichkin/Reuters)<br />
Recommendations<br />
Cease harassment, threats and<br />
attacks against the media.<br />
Distribution and printing facilities<br />
must be released from government<br />
control.<br />
Distribution of broadcasting<br />
licences must be carried out<br />
by an independent body.<br />
67
68<br />
Thailand by Naomi Hunt<br />
New PM Abhisit Vejjajiva (Reuters, Sukree<br />
Sukplang)<br />
Journalists were not immune from the<br />
tumultuous politics of 2008. Several<br />
journalists were killed, while legal harassment<br />
and government pressure fostered<br />
self-censorship.<br />
In January, while the country was still<br />
under military rule, the government disbanded<br />
independent station iTV, placed<br />
it under the state’s Public Relations De -<br />
partment and renamed it Thailand Inde -<br />
pendent Television (TITV). Employees<br />
complained of government meddling.<br />
Civilian rule returned to Thailand ear -<br />
ly in the year, with the People’s Power<br />
Party front-man Samak Sundaravej sworn<br />
in as prime minister. Government and<br />
media relations had a poor start as<br />
Chirm sak Pinthong’s popular talk news<br />
show, “Chirmsak’s Viewpoints,” was cancelled<br />
under apparent pressure from a<br />
government official tied to the prime<br />
minister.<br />
Article 45 of the Thai Constitution<br />
pro vides guarantees of free expression<br />
and access to information. But laws barring<br />
Thais from making disparaging<br />
remarks about King Bhumibol weigh on<br />
the ability of journalists to report and<br />
work free of legal intimidation.<br />
BBC correspondent Jonathan Head<br />
was harassed by a police official who, on<br />
three separate occasions, filed criminal<br />
complaints against the journalist alleging<br />
that he had offended the monarchy.<br />
Anti-government protesters at Bangkok’s Suvarnabhumi international airport<br />
(Reuters/Darren Whiteside)<br />
Under Thai law, lèse-majesté charges can<br />
be brought by any citizen. The BBC says<br />
the charges were unfounded.<br />
Australian author Harry Nicolaides<br />
was jailed 31 August for three sentences<br />
he wrote in his 2005 novel, Verisimili -<br />
tude, in which he mentions the royal fa -<br />
mily. Charged under Article 112 of the<br />
Criminal Code, Nicolaides could face up<br />
to 15 years in prison, although the King<br />
has been known to pardon foreign of -<br />
fenders in the past.<br />
Thailand In Brief<br />
In December, Thai distributors refrai -<br />
ned from selling an issue of The Econo -<br />
mist that contained two articles on the<br />
king’s role in government.<br />
In June, Interior Minister Charlerm<br />
Yoobamrung was widely criticised by press<br />
freedom groups, cable operators and op -<br />
po sition senators when he moved to ban<br />
private channel ASTV from cable networks.<br />
ASTV has been linked to opposition<br />
politicians.<br />
Also in June, the Cabinet drafted the<br />
Population: 65.5 million<br />
Domestic Overview: Thailand dates to 1238 and, unlike its neighbours,<br />
escaped European colonisation. It became a constitutional monarchy<br />
in the 1932, but there were numerous military coups in the 20th century.<br />
Long-serving King Bhumibol Adulyadej is head of state and exercises<br />
influence over the political machinations in government.<br />
Authoritarian ex-Prime Minister Thaksin Shinawatra was ousted in a bloodless<br />
coup in 2006. In December 2007, following an interim period, the<br />
military called for democratic elections. They were humiliated when the<br />
People’s Power Party won handily. The PPP formed a government early<br />
this year under the premiership of Samak Sundaravej. The courts forced<br />
Samak out of office, and the People’s Alliance for Democracy, supported<br />
by some members of the military elite, has regained power.<br />
Beyond Borders: Thailand is a member of ASEAN and plays an active role<br />
in regional and international cooperation. For years, there has been a<br />
separatist movement in the ethnically Malay provinces in southern Thailand.<br />
In 2004 this developed into a violent insurgency by some Malay forces.
Broadcasting and Telecommunications<br />
Act to replace legislation dating to 2000.<br />
The new bill reduces the percentage of<br />
the broadcast spectrum dedicated to notfor-profit<br />
groups. The National Broad -<br />
cast ing and Telecommunications Com -<br />
mis sion (NBTC) can now set limits on<br />
community broadcasters’ revenue, turning<br />
extra funds over to the local administration.<br />
Lastly, the entire NBTC is now<br />
under the jurisdiction of the Ministry for<br />
Information and Telecommunications,<br />
which imperils its independence.<br />
Conditions for journalists deteriorated<br />
on 2 September, when the prime minister<br />
declared a state of emergency after<br />
clashes between government and opposition<br />
groups left one dead person and<br />
more than 40 wounded. As a result, army<br />
chief Anupong Paochinda was given special<br />
powers to restrict media reports if<br />
they posed a “national security” threat.<br />
The information ministry sought and<br />
received court orders to shut down 400<br />
websites, mostly for insulting the monarchy.<br />
Moreover, they advised Internet<br />
providers to block 1,200 websites considered<br />
either a “danger to national security”<br />
or a “disturbance to social order.”<br />
The country descended further into<br />
chaos on 9 September, when Samak was<br />
forced to resign after the courts bizarrely<br />
ruled that the television cooking show he<br />
hosted constituted a conflict of interest.<br />
Later that month, the Court of Appeals<br />
upheld a two-year jail sentence for both<br />
Samak and co-defendant Dusit Siriwan,<br />
accused of defaming Bangkok Governor<br />
Samart Ratchapolsitte on their TV talk<br />
shows in early 2006. The Southeast<br />
Asian <strong>Press</strong> Alliance fears the case will<br />
entrench criminal defamation as a tool<br />
against free expression.<br />
The year was a bloody one for journalists.<br />
<strong>On</strong> 1 August, Matichon reporter<br />
and Channel 7 correspondent Athiwait<br />
Chainyanurat was killed at this home in<br />
the Nakorn Sri Thammarat province.<br />
The journalist had reported on alleged<br />
local corruption and on a police manhunt<br />
for a hired killer, who was reportedly<br />
a senior civil servant’s bodyguard. It is<br />
unclear whether any suspects have been<br />
identified.<br />
Athiwat’s death was followed by the<br />
27 September slaying of another Mati -<br />
chon correspondent, Jaruek Rangcha ro -<br />
en, who was gunned down in the central<br />
province of Suphanburi. He was shopping<br />
in a market when he was shot in the<br />
head. Jaruek was also known for reporting<br />
on corruption, and was responsible<br />
for warning the province’s governor in<br />
2007 that his life was in danger. In No -<br />
vem ber, suspects were arrested in both<br />
the murder cases.<br />
Thai distributors refrained<br />
from selling an issue of<br />
The Economist that contained<br />
two articles on the<br />
king’s role in government<br />
<strong>On</strong> 5 October, the editor-in-chief of<br />
Den Siam, a local Chonburi province<br />
news paper, was gunned down while helping<br />
his wife in a downtown restaurant.<br />
Wallop Bounsampop was shot five times<br />
by a motorcyclist. It is unclear why he<br />
was targeted, but his political articles had<br />
earned him many enemies.<br />
<strong>On</strong>e journalist was killed and one seriously<br />
injured in the southern regions of<br />
Thailand, where separatist Malays have<br />
been in periodic conflict with government<br />
forces. Chalee Boonsawat, correspondent<br />
for Thai Rath, was killed on 21<br />
August while reporting on an explosion<br />
in the area. The second reporter, Pha dung<br />
Wannalak of Thai TV Channel 9, was<br />
seriously injured by a car bomb in Sungai<br />
Kolok near the Malaysian border.<br />
In November, as the People’s Alliance<br />
for Democracy supporters began their<br />
“final battle” to topple the government<br />
then led by the ousted Samak’s successor,<br />
Somchai Wongsawat, thousands surroun -<br />
ded parliament and occupied the Bang -<br />
kok airport. Both PAD and pro-government<br />
forces assaulted journalists and their<br />
offices on several occasions, and at least<br />
one relative of a journalist died in the<br />
mayhem. <strong>On</strong> 25 November, pro-government<br />
protesters surrounded the offices of<br />
radio station operator Therdsak Jiemkit -<br />
wat tana. When his father, Setha Jiem -<br />
kitwattana arrived by car, the supporters<br />
dragged him out, beat and shot him dead.<br />
After a chaotic political year, independent<br />
media are vital to ensuring that<br />
democratic principles are upheld. But lax<br />
investigations of attacks on journalists,<br />
political meddling and the country’s law<br />
barring criticism of the monarch mean<br />
journalists still face an uphill struggle in<br />
doing their jobs.<br />
Thailand's revered King Bhumibol Adulyadej<br />
attends the annual Trooping of the Colour<br />
military parade in Bangkok's Royal Plaza<br />
Recommendations<br />
Pursue and prosecute those responsible<br />
for killing journalists<br />
Abolish outdated lèse-majesté laws<br />
Decriminalise defamation<br />
69
NOTES FROM THE FIELD : THAILAND<br />
70<br />
<strong>Press</strong> Freedom<br />
Under Siege<br />
By Kavi Chongkittavorn<br />
Under normal circumstances, the me dia in Thailand<br />
has relatively broad liberty. But in the past several<br />
years, the media landscape has become uneven<br />
and inconsistent. Media interference has be come<br />
the norm whenever a new government is installed.<br />
Officials immediately try to gag the media, and<br />
use the state-controlled media for public relations<br />
and propaganda purposes.<br />
Containing the Internet<br />
In the past year, Thai authorities zero ed in on the Internet. <strong>On</strong>line filtering has<br />
become common, as authorities above all seek to block websites containing commentary<br />
that is anti-Thai monarchy. Prime Minister Abhist Vejjajiva, who took<br />
power in December 2008, said re peatedly that while the government res pects<br />
freedom of expression, it would not tolerate the websites that spread lies about<br />
the monarchy, which is revered by the Thai people. He said that, in normal<br />
times, websites should not be closed, but that negative content must be monitored<br />
and stopped.<br />
As long as the authorities in charge continue to perceive anti-royal websites as<br />
an onslaught on the revered King and Thailand, they will continue to block the<br />
condemned websites. In January 2009, the Ministry of Information and Com mu -<br />
ni cations Technology shut down more than 2,300 websites that the authorities<br />
said were anti-royalist. The ICT recently said it is now seeking a mandate to block<br />
more, similar websites. Four years ago, there were only 19 controversial websites.<br />
Targeting Community Radio<br />
About 2,000 community radio stations operate within Thailand. In the past few<br />
years, during the height of political trouble, community radios served as sources<br />
of alternative information on Thai politics. Depending on the stations and re -<br />
gions, community stations usually broadcast news that one would not hear from<br />
the mainstream media.<br />
The allocation of wavelengths to the many stations remains a huge problem.<br />
Authorities continue to seek control over the content of their broadcasts. Some<br />
com munity radio stations have been used by local community leaders who<br />
have linkages with politicians at the national level. The Abhisit-led government<br />
is looking for a system that would provide assistance in increasing the professionalism<br />
of community radio broadcasts in years to come.<br />
What Lies Ahead<br />
The battle with the Internet will continue to intensify, but will yield marginal or<br />
no results at all. As in many countries, internet filtering has only a short term<br />
impact. The country’s image within free media communities, however, will be in -<br />
creasingly marred by this interference.<br />
Kavi Chongkittavorn, Assistant Group Editor of The Nation Multimedia<br />
Group, Thailand, is a member of IPI’s Executive Board.<br />
Turkmenistan<br />
by Naomi Hunt<br />
The 2006 death of President Sapar -<br />
mu rat Niyazov, self-styled as Turk -<br />
menbashi (Father of the Turkmen), was a<br />
watershed in Turkmenistan history. It was<br />
the end of a dictator whose entire theory<br />
of state revolved around the need to<br />
hatch a national mythology, in which his<br />
exalted personage would take centre<br />
stage. But his death has neither ushered<br />
in democracy, nor improved human<br />
rights in the country.<br />
Turkmenistan sits on the world’s fifthlargest<br />
natural gas deposits. However,<br />
revenue from these resources rarely makes<br />
it into the pockets of the people. Rather,<br />
President for Life Niyazov used the funds<br />
to build his myths. He ordered a series of<br />
self-aggrandizing projects and edicts:<br />
gold statues of himself; an ice palace, an<br />
artificial lake and a cedar forest built in<br />
the impossibly hot desert; and a theme<br />
park in his own honour whose attractions<br />
illustrate myths and principles of his own<br />
making. His rambling, 400-page composition<br />
on Turkmen mythology, history<br />
and tradition, the Ruhnama, is required<br />
reading for school children and government<br />
workers alike, and excerpts are featured<br />
in TV “news” programming.<br />
The Turkmenistan<br />
government maintains<br />
absolute dominance<br />
over all media outlets<br />
The prerequisite to nation-wide historical<br />
revision is the control of information,<br />
and the Turkmenistan government<br />
maintains absolute dominance over all<br />
media outlets. There is no freedom of<br />
expression and no access to information;<br />
the government operates the printing<br />
pres ses and maintains editorial control<br />
over every word its citizens see. The<br />
Organization for Security and Coope ra -<br />
tion in Europe (OSCE) has called the<br />
lack of press freedom “unprecedented.”<br />
Amnesty <strong>International</strong> terms the hu -<br />
man rights situation, in general, “disastrous.”<br />
Civil society is essentially banned<br />
and human rights activists are frequently<br />
harassed, imprisoned, beaten or interned<br />
in psychiatric hospitals. Journalists face<br />
the same threats, and their phone lines<br />
are monitored and frequently cut.<br />
Last year, successor President Gurban -<br />
guly Berdymukhamedov was elected with<br />
89% of the vote in an election that ob -
President of Turkmenistan Berdymukha -<br />
medov addresses the media after talks<br />
in Berlin. (Reuters/Tobias Schwarz)<br />
servers denounced as neither free nor fair.<br />
Nonetheless, he instituted bare minimum<br />
human rights reforms, and asserted<br />
his belief in freedom of expression.<br />
Civil society is essentially<br />
banned and human rights<br />
activists are frequently<br />
harassed, imprisoned,<br />
beaten or interned in psychiatric<br />
hospitals<br />
Reporters without Borders (RSF) note<br />
that these verbal commitments have led<br />
to paltry improvements. For instance, the<br />
country now has five cybercafés, of which<br />
two are in the capital. An estimated 1%<br />
of the population has access to the Inter -<br />
net, which is filtered by the government.<br />
All opposition websites, run from outside<br />
the country, are blocked.<br />
Turkmenistan In Brief<br />
It is difficult to come by information<br />
on specific instances involving journalists<br />
in Turkmenistan, because so few reports<br />
are available. <strong>On</strong>e Radio Free Europe/Ra -<br />
dio Liberty (RFE/RL) journalist, Ogulsa -<br />
par Muradova, was sentenced to six years<br />
in prison in 2006, but was found dead<br />
after serving two weeks of her prison<br />
time. U.S. diplomats who viewed her<br />
body noted puncture wounds from injections,<br />
blue bruises and broken bones.<br />
Many activists and journalists who are<br />
imprisoned disappear for years, or forever.<br />
In 2008, details from one brutal case<br />
have emerged from the silent state, exemplifying<br />
the horrific conditions under<br />
which journalists live. An RFE/RL contributing<br />
reporter, Sazak Durdymuradov,<br />
was arrested on 20 June and fired from<br />
his full-time job as a high school history<br />
teacher. According to CPJ, deprivation of<br />
income is a common method for exerting<br />
pressure on independent journalists and<br />
their families.<br />
Population: 5.2 million<br />
Domestic Overview: A former Soviet republic, Turkmenistan has been<br />
independent since 1991. At that time, Saparmurat Niyazov became<br />
president, and ruled with an iron fist until his death in 2006. Gurbanguly<br />
Berdymukha medov became the next president following elections that<br />
were considered not to meet international standards. Although technically<br />
a democracy, Turkmenistan is an authoritarian one-party state.<br />
Beyond Borders: Turkmenistan maintains economic ties with Turkey,<br />
Russia, Iran and China, but also occasionally with the United States.<br />
It worked with the Taliban in Afghanistan until 11 September 2001.<br />
Its major exports are gas and oil.<br />
The front page of Turkmen national newspaper Neutral Turkmenistan with President<br />
Sapar murat Niyazov’s obituary, December 22, 2006. (AP/Alexander Vershinin)<br />
Durdymuradov was held for two<br />
weeks in two different psychiatric wards.<br />
According to RFE/RL, the journalist was<br />
severely beaten with a pipe, tortured by<br />
electroshock and forced to sign a letter<br />
promising he would no longer report for<br />
RFE/RL. Ten doctors declared him mentally<br />
unstable, despite the fact that he has<br />
no history of psychiatric problems. His<br />
wife, who visited him after he was tortu -<br />
red, said Durdymuradov’s physical con -<br />
dition was so poor that he expressed his<br />
wish to die.<br />
Durdymuradov was released on 3 July<br />
following massive international pressure,<br />
on the condition that he stops his “slander.”<br />
He said that he was “thrown in” with<br />
mental patients and was too afraid to<br />
sleep. He denied that he had signed any<br />
agreement to stop reporting for RFE/RL,<br />
and added that he was told that if he tells<br />
the truth, he will not face any consequences.<br />
When CPJ and other organisations<br />
called to confirm his release, they<br />
found both his cell phone and his landline<br />
had been disconnected.<br />
Recommendations<br />
Permit a private media to develop,<br />
regulated by independent media<br />
councils<br />
Stop the imprisonment and<br />
torture of journalists, activists and<br />
other members of civil society<br />
Protect human rights that are fundamental<br />
and universal: access to<br />
information, freedom of expression,<br />
and freedom of thought<br />
71
72<br />
Uzbekistan by Patti McCracken<br />
An elderly Uzbek woman leaves an electoral booth at a polling<br />
station in Tashkent, Uzbekistan, Sunday, 23 December, 2007.<br />
Uzbeks cast ballots in a tightly controlled presidential vote that<br />
extended the rule of one of the most autocratic and anti-Western<br />
leaders in strategic Central Asia. President Islam Karimov ran<br />
for a new term in office against little-known chal len gers, for the<br />
right to rule this crucial energy-rich region. (AP Photo)<br />
When 58-year-old reporter Salijon<br />
Abdurakhmanov was arrested in<br />
June on trumped-up drug charges, media<br />
organisations were quick to express their<br />
outrage to the Uzbek government, charging<br />
them of violating human rights. “In<br />
many countries, journalists are prosecuted<br />
for doing their jobs, but in countries<br />
like Uzbekistan, state authorities fabricate<br />
accusations against journalists [...] to<br />
silence the independent and critical voices,”<br />
said a statement issued by Article 19,<br />
in a sentiment shared by many press freedom<br />
organisations.<br />
Karimov’s government<br />
is well-known for its tight<br />
control of the press<br />
Abdurakhmanov, who has worked for<br />
UzNews.net, Radio Free Europe/Radio<br />
Liberty (RFE/RL) and Voice of America,<br />
was one of the few remaining independent<br />
journalists in a country with a history<br />
of applying heavy pressure to silence<br />
criticism. Police stopped Abdurakh ma -<br />
nov while he was driving his car, and<br />
found illegal drugs in the boot of his<br />
vehicle. The journalist, who claims that<br />
the drugs were planted, took a blood-test<br />
which cleared him of drug use. He was<br />
then charged with and found guilty of<br />
intent to sell, and sentenced to ten years<br />
imprisonment.<br />
Uzbekistan's President Karimov and Russia’s then-President Putin<br />
talk as they meet in Moscow's Kremlin. (Reuters/RIA Novosti)<br />
The imprisonment of Abdurakhma -<br />
nov brings the number of independent<br />
and opposition journalists currently in<br />
prison in Uzbekistan to five. At the same<br />
time, the government has forced international<br />
media such as the BBC, Deutsche<br />
Welle, RFE/RL and Russia’s NTV out of<br />
the country: by either revoking their<br />
press credentials or by threatening, intimidating<br />
and harassing media workers<br />
until they leave Uzbekistan of their own<br />
accord.<br />
Ever since it broke free from the<br />
USSR in 1991, Uzbekistan has been ru -<br />
led by President Islam Karimov, a Sovietera<br />
party secretary, who has maintained<br />
his hold on the country through a series<br />
of elections deemed severely flawed by<br />
independent observers. Karimov’s government<br />
is well-known for its tight control<br />
of the press, with RSF stating that<br />
“arrests, internment and blocked websites”<br />
are common in Uzbekistan.<br />
Nonetheless, in October, the EU and<br />
Uzbekistan co-sponsored a media conference<br />
titled “Liberalisation of Mass Me -<br />
dia: An Important Component of the<br />
Democratisation of Society” in the<br />
Uzbek capital, Tashkent. The conference<br />
was welcomed by the international community;<br />
however, media organisations<br />
cautioned that the seminar should not be<br />
viewed as a sign of change. In a bizarre<br />
twist that justified their concern, foreign,<br />
independent and opposition media were<br />
barred from the conference, whereas<br />
journalists from the state broadcast and<br />
print media were invited to attend.<br />
A further restriction im -<br />
posed on Uzbek journalists<br />
is the government’s<br />
list of topics on which<br />
the media is forbidden to<br />
report in a negative light<br />
The disappointment of the conference<br />
content was attested to by Article 19, representatives<br />
of which took part in the<br />
event. According to their press release<br />
following the event, “nothing new was<br />
heard from the representatives of the government<br />
or the state-controlled media<br />
who were present. There was no hint of<br />
acknowledgement from the Uzbek side<br />
that the country’s media are neither free<br />
nor independent, that journalists and<br />
others are regularly imprisoned for ex -<br />
pressing their opinions, that access to<br />
critical external websites is blocked, and<br />
that foreign journalists are not allowed<br />
ac creditation to cover the country from<br />
within.”<br />
The media conference was held one<br />
week before EU foreign ministers met to<br />
discuss whether or not to lift sanctions
Uzbekistan’s President Islam Karimov takes part in a wreath laying ceremony<br />
at the Tomb of the Unknown Soldier. (Reuters/Alexander Natruskin)<br />
against Uzbekistan, imposed in the wake<br />
of the 2005 massacre of Uzbek citizens at<br />
the hands of their own armed forces in<br />
the city of Andijan, during a government<br />
crackdown on demonstrators. The Uzbek<br />
authorities continue to persecute journalists<br />
critical of the crackdown, and as a<br />
result, dozens of reporters have fled the<br />
country, fearing for their safety, reports<br />
CPJ. Others who returned – only to turn<br />
Uzbekistan in Brief<br />
around and flee again – report that they<br />
were repeatedly interrogated and intimidated<br />
into signing false documents de -<br />
signed to promote the government’s version<br />
of events during the crackdown.<br />
A further restriction imposed on Uz -<br />
bek journalists is the government’s list of<br />
topics on which the media is forbidden to<br />
report in a negative light. According to<br />
CPJ, this list of taboo subjects includes<br />
Population: 27.4 million<br />
Domestic Overview: Uzbekistan’s population – the largest of the Central<br />
Asian countries – is predominantly Sunni-Muslim. Poverty is widespread<br />
in the country, although official Uzbek figures differ greatly from external<br />
estimates (unemployment officially stands at around 3%, for example,<br />
whereas the World Bank estimates it as closer to 40%). Uzbekistan achieved<br />
independence from the Soviet Union in 1991, and adopted a constitution<br />
guaranteeing the fundamental rights of its people. Despite this and the<br />
government’s purported commitment to it, the state of human rights in<br />
Uzbekistan has deteriorated, bringing condemnation from abroad.<br />
Beyond Borders: Uzbekistan is a member of most regional and global<br />
inter-governmental organisations. It is also a signatory to the <strong>International</strong><br />
Covenant on Civil and Political Rights. It maintains close relations with<br />
Russia, and the two are party to a mutual defence treaty. Uzbekistan is<br />
also a supporter of the coalition forces in Afghanistan, allowing German<br />
forces to utilise one of its southern air bases. However, sanctions were<br />
imposed on Uzbekistan by the EU, following the Uzbek government’s brutal<br />
crackdown on anti-government demonstrators in 2005, and Uzbekistan’s<br />
refusal to allow an international inquiry to investigate the matter.<br />
(but is not limited to), the Andijan crackdown,<br />
the president and his family,<br />
human rights abuses, opposition party<br />
activities, and social and economic problems.<br />
The list is passed informally to editors<br />
by members of Karimov’s administration<br />
and by the National Security Ser -<br />
vice. In interviews with Uzbek reporters,<br />
who preferred to remain anonymous for<br />
fear of reprisal, CPJ confirmed that, “re -<br />
strictions imposed by [the] regime have<br />
all but eliminated the independent press<br />
corps in the country, thus turning it into<br />
an informational black hole.”<br />
Recommendations<br />
The Uzbek state must stop censoring<br />
journalists.<br />
The Uzbek state must cease all<br />
forms of intimidation and aggression<br />
against journalists.<br />
Restrictions on independent local<br />
and foreign media must be lifted,<br />
allowing them to return to work.<br />
All journalists who have been<br />
imprisoned on spurious charges<br />
must be released immediately.<br />
73
74<br />
Vietnam by Patti McCracken<br />
Vietnamese journalist Nguyen Viet Chen of the Thanh Nien newspaper during his trial<br />
in Hanoi, Vietnam, 15 October 2008. Chien, 56, was convicted of "abusing freedom<br />
and democracy" at the end of the two-day trial at the Hanoi People's Court and sentenced<br />
to two years in prison. (AP Photo/Vu Tien Hong)<br />
The press in Vietnam continues to<br />
struggle under the heel of an ongoing<br />
government crackdown on free<br />
speech, resulting in the arrest of at least<br />
ten journalists – five of which are now<br />
serving prison terms – in 2008 alone.<br />
Authorities charged most of these journalists<br />
with “abuse of power”, while ac -<br />
cusing others of tax evasion and one with<br />
terrorism. In addition to these arrests,<br />
further press freedom violations were frequent<br />
this year, with the government suspending<br />
journalists’ press credentials for<br />
writing material considered critical, the<br />
police beating and detaining a foreign<br />
journalist, and an Inter net writer forcibly<br />
exiled following her release from a psychiatric<br />
detention unit. Meanwhile, several<br />
other journalists are serving unjust<br />
prison sentences handed down in previous<br />
years.<br />
There are more than 100 radio and<br />
television stations in Vietnam, nearly 600<br />
periodicals and some 100 websites, most<br />
of which are controlled either by various<br />
government agencies or by the communist<br />
party directly. Private media is officially<br />
banned in Vietnam, but some un -<br />
derground newspapers have sprung up<br />
since the democratic faction “Bloc 8406”<br />
was formed in 2006. The group was outlawed<br />
in the same year, and several journalists<br />
linked to the movement imprisoned<br />
for disseminating “propaganda hostile<br />
to the government”. A law placing<br />
the communist par ty above all other laws<br />
negates the right to freedom of speech –<br />
supposedly protected by the con stitution.<br />
Bloc 8406 members continue to be pursued<br />
by the authorities.<br />
Duc spent a gruelling<br />
year in pre-trial detention,<br />
during which he broke<br />
his arm in January only<br />
to be denied immediate<br />
treatment by the authorities,<br />
before finally standing<br />
trial in March 2008<br />
<strong>On</strong>e such example is the case of freelance<br />
journalist Truong Minh Duc, a<br />
Bloc 8406 member, who was arrested in<br />
May 2007 while helping farmers file<br />
complaints against local authorities for<br />
seizing their land. Well-known in Viet -<br />
nam’s southern provinces for his campaigns<br />
against government corruption,<br />
and the author of several articles highlighting<br />
abuses of power, Duc was char -<br />
ged under Clause 2 of Section 258 of the<br />
Vietnamese Penal Code, for “taking ad -<br />
vantage of the people’s liberty and democratic<br />
rights to harm the interests of the<br />
country.” Duc spent a gruelling year in<br />
pre-trial detention, during which he<br />
broke his arm in January only to be de -<br />
nied immediate treatment by the authorities,<br />
before finally standing trial in<br />
March 2008. Among the accusations<br />
levied against Duc were writing articles<br />
that distorted the truth and “misjudged”<br />
Vietnam’s regime, campaigning against<br />
communist party policy, and listening to<br />
overseas radio broadcasts and reading<br />
articles on the Internet. Duc was sentenced<br />
to five years in prison.<br />
Not long after the sentencing of Duc,<br />
another journalist detained in 2007 was<br />
handed a prison sentence on exaggerated<br />
charges. Nguyen Quoc Hai, also known<br />
as Somsak Khunmi, was handed down a<br />
9-month prison sentence for “terrorism”,<br />
after being found preparing to distribute<br />
literature calling for peaceful democratic<br />
change. Somsak is a Thai resident who<br />
had travelled to Vietnam to assist French-<br />
Vietnamese journalist Nguyen Thi<br />
Thanh Van in his reporting on farmer<br />
protests. Van was released in December<br />
2007 following diplomatic pressure, but<br />
Somsak was made to face charges. He was<br />
eventually released from prison in August<br />
of this year, and is currently on three<br />
years probation.<br />
Media workers in the state controlled<br />
press in Vietnam normally remain silent<br />
in the face of injustice against their colleagues.<br />
However, one incident in May so<br />
shocked both media and public alike that<br />
it even sparked protest in the official press.<br />
Nguyen Viet Chen and Nguyen Van Hai,<br />
two reporters who exposed the “Project<br />
Management Unit-18 Scandal” of 2006,<br />
were arrested and charged for “abusing<br />
their position and power”. Chen and Hai<br />
had reported on the embezzlement by<br />
Transport Min istry officials of approximately<br />
US$750,000 to gamble on Euro -<br />
pean football events. Their coverage led<br />
to the resignation of the Transport Minis -<br />
ter, and to the internment of Deputy<br />
Transport Minister Ngu yen Viet Chen<br />
along with other ministry employees.<br />
The authorities deemed the two reporters<br />
to have “abused democratic freedoms to<br />
infringe upon the interests of state” in
their newsgathering. Chen was ultimately<br />
handed a two-year pri son term, while<br />
Hai, who pled guilty, was handed the<br />
lesser punishment of two years “re-education”.<br />
A police of ficer who provided<br />
information to the jour nalists was also<br />
given a jail term, while, in a perverse<br />
asymmetry, former Deputy Transport<br />
Minister Chen had been released from<br />
prison earlier in the year with his legal<br />
rights and benefits restored.<br />
The video then cuts<br />
out, but the journalist<br />
reports being punched,<br />
chocked and hit over the<br />
head during a two-anda-half<br />
hour detention,<br />
all apparently for photographing<br />
in an allegedly<br />
restricted area<br />
The arrests of Chen and Hai triggered<br />
a barrage of protests from journalists and<br />
bloggers. The flagship publication of the<br />
Vietnam National Youth Foundation,<br />
Thanh Nien, blazoned their front page<br />
with the headline “honest journalists must<br />
be freed,” while the Toui Tre (“Youth”)<br />
newspaper published an article claiming<br />
they had been flooded with telephone<br />
calls from citizens outraged at the government’s<br />
actions. The editors-in-chief of<br />
both newspapers have since been remo -<br />
ved from their posts.<br />
Vietnam in Brief<br />
Associated <strong>Press</strong> reporter Ben Stocking sits in a hospital in Hanoi, Vietnam,<br />
Friday, 19 September, 2008. (AP Photo/Chitose Suzuki)<br />
Video evidence of the conditions<br />
under which independent journalists are<br />
forced to operate in Vietnam surfaced on<br />
the Internet in September, when footage<br />
of the arrest of Associated <strong>Press</strong> Hanoi<br />
Bureau Chief, Ben Stocking, was posted<br />
on YouTube. The footage shows Stocking<br />
taking pictures at a demonstration held<br />
by Vietnamese Catholics, when two<br />
plain clothes police officers appear – one<br />
of them placing his arm cosily across<br />
Stocking’s shoulders – and escort him<br />
Population: 86 million<br />
Domestic: Vietnam is one of the world’s last remaining single-party com -<br />
munist states. A little more than 20 years ago, the government started<br />
down a path of reform, providing more financial freedom and opportunities<br />
to the people. The commercial sector was given substantial room to grow,<br />
and although the government maintained a grip on the media, reporters<br />
generally began to experience latitude in their ability to investigate tough<br />
topics. This situation has changed, however, in the past two years, with an<br />
increase in attacks on the media.<br />
Beyond borders: Vietnam began to emerge from international isolation<br />
after withdrawing its troops from Cambodia in 1989. Soon after, diplomatic<br />
and economic ties were established with ASEAN and with most Western<br />
European and northern Asian countries, and in 1995, normal diplomatic<br />
relations were restored with the US. Some tension still exists between<br />
China and Vietnam over the maritime rights of the potentially oil-rich Spratly<br />
and Paracel islands in the South China Sea.<br />
away from the crowd. The hymns of the<br />
protestors can be heard in the backdrop<br />
as Stocking is seen doubling over, as if<br />
struck in the torso. The video then cuts<br />
out, but the journalist reports being pun -<br />
ched, chocked and hit over the head during<br />
a two-and-a-half hour detention, all<br />
apparently for photographing in an alle -<br />
gedly restricted area. Officials from the<br />
U.S. Embassy took Stocking to receive<br />
medical attention, a wound to his head<br />
requiring four stitches.<br />
Recommendations<br />
Restore freedom of speech as<br />
an inalienable right<br />
Permit opposition and critical<br />
reporting in the country<br />
Release unjustly imprisoned<br />
journalists<br />
Cease the beating and harassment<br />
and detentions of media personnel<br />
75
76<br />
Africa By Uta Melzer<br />
Where Information<br />
is a Luxury Good<br />
Africa’s journalists have long operated in difficult<br />
circumstances, and 2008 was no exception.<br />
Leaders in much of the continent<br />
demonstrated a low tolerance for<br />
scrutiny – particularly when it in -<br />
volved their physical health or came from<br />
popular songwriters. Defamation and se -<br />
dition charges were common. Calls for<br />
increased statutory regulation also proved<br />
popular, and authorities showed that li -<br />
censing requirements can be abused in<br />
multiple ways. Physical violence remain -<br />
ed a serious threat, costing five African<br />
journalists their lives.<br />
Eritrean President Afewerki answers<br />
questions during an interview in Asmara<br />
(REUTERS/Radu Sigheti)<br />
Eritrea’s government distinguished<br />
itself as one of the world’s most brutal suppressors<br />
of independent reporting. Many<br />
of the journalists arrested in sweeping<br />
crackdowns in 2001 and 2006 not only<br />
remained in detention, but new reports<br />
indicated that more individuals than previously<br />
thought are involved. Estimates of<br />
those who have died in custody also rose,<br />
with at least four feared dead.<br />
IPI’s Justice Denied Campaign highlights<br />
the plight of those who remain in<br />
jail, for whom time may very well be running<br />
out. Reporters Without Borders has<br />
called for a visa ban for President Isaias<br />
Afewerki and other senior government<br />
members. The European Union in Sep -<br />
tem ber issued a statement “profoundly<br />
deploring” the situation, and urged the<br />
government to disclose information about,<br />
and permit some access to, the prisoners.<br />
By contrast, plenty of news emerged<br />
from The Gambia, where President Yah -<br />
ya Jammeh’s regime aggressively pursued<br />
dissenters. Working from abroad pro -<br />
vided no amnesty. Fatou Jaw Man neh, a<br />
Gambian journalist living in the United<br />
States, was prosecuted for a critical article<br />
published online in 2005. Pro ceedings<br />
against Manneh, arrested during a March<br />
2007 visit, were dragged out for over one<br />
year. In August, she was convicted of se -<br />
dition and sentenced to four years in pri -<br />
son or a fine of about US$12,000. Man -<br />
neh avoided prison by raising the necessary<br />
amount.<br />
Yahya Dampha, exiled in Senegal,<br />
only narrowly escaped dire consequences<br />
when his neighbours foiled a kidnapping<br />
attempt by suspected agents of the notorious<br />
National Intelligence Agency<br />
(NIA). Dampha testified as a witness at<br />
the ECOWAS Community Court of<br />
Justice in Abuja, Nigeria, in the case of<br />
Ebrima Manneh, a “disappeared” Gam -<br />
bi an journalist. In March, five state<br />
agents summoned by the ECOWAS<br />
court defied its order to make an appearance.<br />
In June, the court ordered that Manneh<br />
be released and paid compensation,<br />
finding that he was arrested in July 2006<br />
and since held incommunicado. As of the<br />
end of 2008, the government had failed<br />
to comply, and Manneh was feared dead.<br />
Independent voices were also muzzled<br />
by simply denying them access to events<br />
of public interest, such as the annual<br />
opening of parliament and ongoing court<br />
proceedings. But journalists working for<br />
pro-government publications such as<br />
the Daily Observer were not immune. A<br />
strin ger was dismissed after he was elected<br />
as an executive member of the Gam -<br />
bian <strong>Press</strong> Union. A former executive at<br />
the publication was repeatedly pursued,<br />
for allegedly “uttering seditious words.”<br />
A reporter with the opposition Foroyaa<br />
news paper who investigated his arrest was<br />
himself arrested and detained for a night.<br />
A violent July attack on journalist<br />
Justice Momodou Darboe of the independent<br />
The Point by a knife-wielding as -<br />
sailant underscored the continuing threat<br />
of violence.<br />
Amid the political tumult leading up<br />
the presidential elections in Zimbabwe,<br />
press freedom violations multiplied in<br />
Ap ril and May. Several journalists were<br />
attacked and beaten, and a truck carrying<br />
60,000 copies of a publication printed in<br />
South Africa was torched. Those who<br />
could fled.<br />
Changes introduced to the notorious<br />
Access to Information and Protection of<br />
Privacy Act (AIPPA) triggered little more<br />
than confusion. The authority in charge<br />
was replaced, but accreditation remained<br />
mandatory, and used to prohibit many<br />
from covering the elections, including<br />
several international media. Those who<br />
reported without it were aggressively<br />
persecuted, including a New York Times<br />
correspondent and British freelancer, de -<br />
tained at the Harare police station for<br />
5 days before charges were dropped. <strong>On</strong><br />
the day of presidential run-off elections,<br />
seven journalists were arrested in connection<br />
with questions regarding their ac -<br />
creditation. All of them – a British photographer,<br />
four Zimbabweans, and two<br />
South Africans – were released after one<br />
night.<br />
Zimbabwe’s media faced plenty of<br />
other judicial hurdles. Editors and media
Zimbabwean opposition supporters wave red cards while chanting party slogans, during a rally for Morgan<br />
Tsvangirai at the White City Stadium in Bulawayo, Zimbabwe, Saturday, March 8, 2008 (AP/Tsvangirayi Mukwazhi) 77
78<br />
lawyers were repeatedly charged with<br />
offences such as “publishing false statements<br />
prejudicial to the state and contempt<br />
of court” and “undermining the<br />
authority or insulting the president” for<br />
running opposition politician columns<br />
and making remarks about President<br />
Robert Mugabe.<br />
A new “luxury goods” tax on all foreign<br />
newspapers sold in Zimbabwe left<br />
no doubt about the government’s attitude<br />
towards information. Mugabe’s re -<br />
gime went a step further in late Decem -<br />
ber, threatening to ban accredited foreign<br />
bureaus and local reporters working for<br />
international news organizations. The<br />
government continued its ban on BBC<br />
reporters.<br />
In Ethiopia, efforts to revive independent<br />
media after the government’s<br />
sweeping 2005 crackdown in which<br />
dozens of journalists and opposition po -<br />
liticians were jailed or exiled were repeatedly<br />
hampered. The license applications<br />
of two publishers and a columnist were<br />
inexplicably rejected even though the<br />
Ministry of Information conceded that<br />
all legal requirements had been fulfilled.<br />
Later news emerged that no new licenses<br />
would be issued until the much-maligned<br />
new press law was published.<br />
Revisions to the Ethiopia’s media law,<br />
passed in July, included some welcome<br />
provisions but did not rid the existing<br />
press law of its most pernicious clauses.<br />
The new law bans censorship of private<br />
media and the detention of journalists<br />
suspected of law infringement. However,<br />
prosecutors can still impound publishing<br />
materials prior to publication in certain<br />
circumstances. Fines for defamation were<br />
increased. Also, defamation and libel re -<br />
mained criminal offences under the penal<br />
code, punishable by prison.<br />
The Charities and Societies Proclama -<br />
tion, a draft law criminalizing certain hu -<br />
man rights activities, also caused alarm.<br />
Violations could trigger penalties of up to<br />
five years of imprisonment. The draft law<br />
also provides for the creation of an agen -<br />
cy with wide discretion to regulate civil<br />
society organisations in the country.<br />
The government was particularly ag -<br />
gres sive in response to coverage of Tewo -<br />
dros Kassahun, a singer and outspoken<br />
government critic imprisoned on hitand-run<br />
charges. Enku magazine’s editor<br />
and three others were arrested after publishing<br />
a cover story on Kassahun, and<br />
faced charges based on incitement. All<br />
10,000 copies of the magazine were also<br />
seized. Two other editors were prosecuted<br />
for writing about the singer, one for naming<br />
the wrong judge as being in charge of<br />
his trial.<br />
Amare Aregawi, editor of one of Ethi -<br />
o pia’s best read newspapers, was ar rested<br />
in Addis Ababa in August and taken to a<br />
prison 700 kilometres away, in connection<br />
with stories addressing criticisms of<br />
the management of a brewery linked to<br />
the government. The charges were quickly<br />
dismissed. A few months later, Aregawi<br />
was attacked by two assailants, who struck<br />
him on the back of the head. Aregawi lost<br />
consciousness and required medical treatment.<br />
The two men were soon apprehen -<br />
ded. Local sources believe the attack was<br />
connected to his work at the Reporter.<br />
Revisions to the Ethiopia’s<br />
media law, passed in July,<br />
included some welcome<br />
provisions but did not rid<br />
the existing press law of its<br />
most pernicious clauses<br />
In Nigeria, President Umaru Yar’A -<br />
dua’s government reacted strongly to critical<br />
media coverage, particularly relating<br />
to his health, a repeated source of ru -<br />
mours. In September, the government<br />
sus pended Channels TV and State Sec -<br />
urity Services (SSS) held four of its staff<br />
members after the station mistakenly air -<br />
ed a hoax report that health reasons may<br />
prompt the president to step down. In<br />
late 2008, several staff members of an<br />
independent daily were interrogated by<br />
the SSS and then charged with libel for<br />
publishing an article claiming ill health<br />
forced the president to cancel official<br />
engagements and seek medical treatment<br />
from international doctors.<br />
Two U.S.-based bloggers were held<br />
for questioning by the SSS in a crackdown<br />
on foreign-based political websites<br />
that specialise in Nigeria following the<br />
online publication of photos of the president’s<br />
son. The oil-rich Niger Delta re -<br />
gion also remained dangerous, with two<br />
documentary filmmaker teams detained<br />
and interrogated by state security before<br />
being released.<br />
In October, radio journalist Eiphraim<br />
Audu, who was involved with the Niger -<br />
ian Union of Journalists, was shot by six<br />
unknown gunmen near his home. In the<br />
meantime, no progress was made on the<br />
Freedom of Information bill, with the<br />
House of Representatives again deferring<br />
its consideration.<br />
Conditions deteriorated in Lesotho<br />
and Cameroon. In Lesotho, Harvest FM<br />
radio host Thabo Thakalekoala was char -<br />
ged with offences including high trea son<br />
for broadcasting a letter arguing for the<br />
arrest of certain government members for<br />
corruption. IPI successfully applied to<br />
the WPFC Fund Against Censorship to<br />
cover his legal fees. He was ultimately<br />
con victed of sedition, defamation and<br />
sub version, but avoided prison by paying<br />
a fine.<br />
The radio station also became the first<br />
target of a new law making it easier for<br />
the government to revoke broadcasting<br />
licenses. Harvest FM was off the air for<br />
three months, apparently suspended be -<br />
cause officials felt its broadcasts would<br />
“damage their dignity.” Print media did<br />
not fare much better, with a now-defunct<br />
weekly, its editor and its printing company<br />
fined US$8,000 for defaming Prime<br />
Minister Pakalitha Mosisili.<br />
The new telecommunications law came<br />
at a time that also brought a dramatic<br />
increase in broadcasting license fees, from<br />
US$400 to US$3,000 per year. The fees<br />
imperil private broadcasters long struggling<br />
to survive without governmental<br />
advertising.<br />
In Cameroon, singing became a risky<br />
form of expression. After almost six<br />
months in detention, musician Lapiro de<br />
Mbanga was found guilty of taking part<br />
in riots against the high cost of living. He<br />
was sentenced to three years in prison<br />
and ordered to pay some US$640,000 as<br />
damage compensation. The charges were<br />
widely viewed as retaliation for a critical<br />
song he wrote about planned constitutional<br />
amendments. Earlier in the year,<br />
songwriter Joe La Conscience, another<br />
critic of the amendments, was sentenced<br />
to six months’ imprisonment for organising<br />
an allegedly illegal demonstration. He<br />
was later pardoned.<br />
Three private broadcasters were summarily<br />
closed for five months for failing<br />
to pay the staggering US$227,000 licensing<br />
fee. With only four broadcasters operating<br />
with licenses, many viewed this as<br />
selective enforcement in response to critical<br />
coverage.
The National Union of Somali Jour -<br />
nalists (NUSOJ) emphasized that the<br />
com paratively low numbers of journalists<br />
killed in Somalia did not reflect an<br />
improved media environment. Unjust i -<br />
fied arrests and detention of journalists<br />
in the lawless country actually increased,<br />
NUSOJ reported, while fear of reprisal<br />
fostered self-censorship. In a devastating<br />
incident, Nasteh Dahir Farah, the 26year-old<br />
vice president of NUSOJ, was<br />
killed by shots in the head and chest by<br />
two men after earlier receiving death<br />
threats.<br />
In the Democratic Republic of<br />
Con go, journalists were caught in the<br />
middle of increasing violence between<br />
rebels and government forces, particularly<br />
in the country’s eastern part.<br />
Journalists often faced repercussions<br />
for their interviews. Staff of the UNback<br />
ed Radio Okapi were threatened for<br />
being “unpatriotic” for interviewing the<br />
spokesperson of the Congrès national<br />
pour la défense du peuple (CNDP), and<br />
for delivering news deemed “humiliating”<br />
for the army. Other radio and TV<br />
journalists were also threatened and held<br />
for up to two days.<br />
The November killing of Didace Na -<br />
mujimbo, a reporter for Radio Okapi, ex -<br />
posed the risks of working in the country.<br />
Namujimbo, who was shot dead with a<br />
single bullet to the head, was found without<br />
mobile phone but still in possession<br />
of money and other personal items.<br />
Radio journalist Eiphraim<br />
Audu, who was involved<br />
with the Nigerian Union<br />
of Journalists, was shot<br />
by six unknown gunmen<br />
near his home<br />
Radio Okapi’s news editor Serge Ma -<br />
heshe was killed in 2007. In May 2008,<br />
a military appeals court sentenced two<br />
con victed gunmen and their accomplice<br />
to death for the murder, in a judicial pro -<br />
cess denounced by human rights groups<br />
as providing inadequate safeguards for a<br />
fair trial. The only positive news was the<br />
acquittal of Maheshe’s two friends and<br />
eyewitnesses of the crime, who were initially<br />
accused based on statements of the<br />
two convicted gunmen.<br />
Others narrowly escaped violence. A<br />
journalist of the German Frankfurter<br />
Allg emeine Zeitung, his interpreter and<br />
their driver were abducted in November<br />
by Mai Mai forces, but released within<br />
three days.<br />
Judicial persecution also continued.<br />
Ten and nine-month sentences, respectively,<br />
were imposed on an editor and his<br />
assistant after they were secretly held for<br />
three months at a National Intelligence<br />
Agency detention centre. They were<br />
found guilty of “insulting the head of<br />
state” in connection with articles questioning<br />
the health of President Joseph<br />
Kabila.<br />
Increased statutory regu -<br />
lation of the media was at<br />
issue in several countries<br />
Sierra Leone’s media environment<br />
remained heavily politicized, with journalists<br />
caught in the middle of clashes<br />
between supporters of the ruling All Pe -<br />
ople’s Congress and the opposition Sierra<br />
Leone People’s parties. A party leader<br />
meeting to discuss the clashes caused<br />
more violence, with security personnel<br />
assaulting journalists and confiscating<br />
equipment. Disappointingly, no progress<br />
was made on promised changes to the<br />
Public Order Act, which imposes lengthy<br />
prison terms for defamation. The law<br />
continued to be used as a cudgel against<br />
government critics.<br />
South Africa’s journalists reportedly<br />
faced increasingly uncooperative government<br />
officials and local authorities.<br />
A draft Protection of Information Bill,<br />
which outlined broad protection for in -<br />
formation where secrecy was deemed to<br />
be in the “national interest,” also caused<br />
concern. It was withdrawn in October, but<br />
is expected to be reintroduced in 2009.<br />
An IPI General Assembly resolution<br />
highlighted another problem: the growing<br />
number of arrests of journalists covering<br />
police action at crime scenes or other<br />
incidents. Journalists were repeatedly ar -<br />
rested and detained overnight, but char -<br />
ges against them quickly dismissed as<br />
baseless by courts.<br />
The 2009 presidential election<br />
promp ted allegations by the South Africa<br />
Broadcasting Corporation (SABC) that<br />
its reporters and editors were receiving<br />
threats from political party representa-<br />
Gambia’s President Yahya A.J.J Jammeh<br />
attends wreath-laying ceremony in Cuba<br />
(Reuters/Enrique de la Osa)<br />
tives, warning them to report favourably<br />
on certain parties. The SABC indicated<br />
that it had not witnessed as much intimidation<br />
since the country’s first democratic<br />
elections in 1994.<br />
Increased statutory regulation of the<br />
media was at issue in several countries. In<br />
Botswana the Media Practitioners’ Bill,<br />
which seeks to introduce a statutory press<br />
council, require registration and permit<br />
large penalties for violations, caused concern.<br />
In Zambia, members of parliament<br />
introduced the possibility of statutory<br />
instruments after voicing disappointment<br />
over politicized election coverage. In<br />
Kenya, a bill proposing a governmentappointed<br />
communications commission<br />
reached the final stages of the legislative<br />
process in December. The development<br />
sparked demonstrations that led to arrests<br />
of several journalists and other protesters.<br />
In Tanzania, editors and reporters<br />
took to the streets to protest a threemonth<br />
ban on a weekly that the government<br />
accused of fomenting sedition by<br />
reporting that some officials sought to<br />
oust President Jakaya Kikwete. The information<br />
minister said the ban would<br />
“send strong signals” to media considering<br />
“unethical” reports, but in turn got<br />
strong signals from journalists that they<br />
would not tolerate such interference.<br />
79
80<br />
Your Black Muslim Bakery is seen in North Oakland. Chaucey Bailey had been investigating its owners when he was killed. (Reuters/Staff Photographer)
The Americas By Michael Kudlak<br />
A Climate of Hostility<br />
Although only nine journalists were killed in 2008 – down from 13 in 2007 and 15<br />
in 2006 – it was another dangerous year for media professionals in the Americas.<br />
Five journalists were murdered in<br />
Mexico, and one each in Bolivia,<br />
Guatemala, Brazil and Venezuela.<br />
A further eight journalists were reported<br />
missing in Mexico. Others faced death<br />
threats and physical attacks as a result of<br />
their reporting on corruption, drug trafficking,<br />
human rights abuses and other<br />
issues. As a result, self-censorship was<br />
rampant.<br />
When not confronted with violence<br />
and threats, journalists continued to face<br />
legal, administrative and economic ha -<br />
rass ment, including charges of criminal<br />
defamation or insult, restrictions on ac -<br />
cess to information, and the use of advertising<br />
to either reward or punish media<br />
outlets for their coverage. The region’s<br />
leftist leaders, Cristina Fernández de<br />
Kirch ner of Argentina, Evo Morales of<br />
Bolivia, Luiz Inácio Lula da Silva of<br />
Brazil, Rafael Carrea of Ecuador, Daniel<br />
Ortega of Nicaragua, and Hugo Chávez<br />
of Venezuela, continued to verbally at -<br />
tack the largely privately-owned media,<br />
thereby contributing to an increasingly<br />
hostile climate for journalists.<br />
In a positive development,<br />
laws on access to infor -<br />
mation were passed in Chile<br />
and Guatemala<br />
In a positive development, laws on ac -<br />
cess to infor mation were passed in Chile<br />
and Guatemala<br />
In Argentina, access to government<br />
information remained limited under the<br />
new administration of President Fernán -<br />
dez, while the allocation of state advertising<br />
to influence media coverage posed<br />
per haps the most serious threat to press<br />
freedom.<br />
Bolivia’s president, Evo Morales, continued<br />
to accuse the media of bias against<br />
his administration. <strong>On</strong>e journalist, Car -<br />
los Quispe Quispe of Radio Municipal<br />
Pucarani in La Paz department, died on<br />
29 March of injuries sustained two days<br />
earlier when demonstrators calling for<br />
the ouster of a local mayor assaulted him.<br />
In Brazil, the relationship between<br />
the administration of President Lula and<br />
the media remained tense. Journalists fa -<br />
ced censorship and a barrage of litigation,<br />
while those investigating corruption and<br />
drug trafficking, particularly in the country’s<br />
interior, continued to be targets of<br />
violence.<br />
In Chile, journalists enjoyed a free<br />
media environment after years of suppression<br />
under the military dictatorship<br />
of General Augusto Pinochet. <strong>On</strong> 11 Au -<br />
gust, President Michelle Bachelet signed<br />
the Law on Transparency of Public Func -<br />
tions and Access to Information of the<br />
State Administration, establishing the<br />
right to request and receive information<br />
from any public institution.<br />
In Colombia, 2008 saw an increase<br />
in legal and administrative harassment<br />
against the media, with journalists facing<br />
subpoenas, contempt of court charges,<br />
and criminal and civil lawsuits. Jour nal -<br />
ists in the provinces, attempting to report<br />
on local corruption, drug trafficking and<br />
other illegal activities, continued to face<br />
threats and violent attacks by right-wing<br />
paramilitaries, leftist guerrillas, corrupt<br />
officials and organised criminals.<br />
In Guatemala, Congress passed a<br />
Freedom of Information Law on 23 Sep -<br />
tember. The law, which will allow citizens<br />
to request and receive information from<br />
public institutions, will go into effect in<br />
January 2009. However, attacks on the<br />
press, including harassment, intimidation<br />
and violence against journalists, continued<br />
throughout the year, culminating in<br />
the killing of Jorge Mérida Pérez, a correspondent<br />
for the national daily, Prensa<br />
Libre. Pérez, who was shot dead by an<br />
Police investigators remove the body of reporter Armando Rodriguez from his car<br />
in the border city of Ciudad Juarez in Mexico (Reuters/Stringer Mexico)<br />
unidentified gunman in his home in Co -<br />
atepeque, Quetzaltenango department,<br />
had received multiple threats after reporting<br />
on local drug trafficking and<br />
corruption.<br />
In Mexico, frequent attacks against<br />
journalists reporting on corruption and<br />
drug trafficking, combined with the im -<br />
punity accompanying these crimes, have<br />
led to a climate of fear in which self-censorship<br />
is widespread. Furthermore, the<br />
Special Prosecutor’s Office for Crimes<br />
against Journalists, set up by the govern-<br />
81
82<br />
Venezuelan President Hugo Chavez speaks<br />
during a campaign rally (Reuters/Jorge Silva)<br />
ment in 2006, has proven ineffective in<br />
stemming the surge of attacks against the<br />
media. Four journalists were murdered in<br />
2008, making Mexico the most dangerous<br />
country in the Americas for journalists.<br />
<strong>On</strong> 9 October, Miguel Angel Villa -<br />
gómez Valle, editor of the daily newspaper<br />
La Noticia de Michoacán in Lázaro<br />
Cárdenas, Michoacán State, was abducted<br />
and murdered by unidentified individuals.<br />
José Armando Rodríguez Carre -<br />
ón, who covered crime for the daily El<br />
Diario de Juárez in Chihuahua State, was<br />
shot to death outside his home by an<br />
unidentified gunman on 13 November.<br />
Journalists and activists Teresa Bautista<br />
Merino and Felicitas Martínez Sánchez,<br />
who worked for the community radio<br />
station La Voz que Rompe el Silencio in<br />
Oaxaca State, were killed by unidentified<br />
individuals as they were on their way<br />
back from covering the State Forum for<br />
the Defence of the Rights of the Peoples<br />
of Oaxaca. <strong>On</strong> 24 September, Alejandro<br />
Zenón Fonseca Estrada, host of a talk<br />
show on radio station EXA FM, was shot<br />
and killed while hanging anti-organised<br />
crime posters on a major street in Villa -<br />
hermosa.<br />
Eight other journalists are currently<br />
reported missing in Mexico. Mauricio<br />
Estrada Zamora, a crime reporter for the<br />
daily La Opinión in Apatzingán, Mich o -<br />
acán State, is the latest journalist to have<br />
gone missing. He was last seen on the<br />
night of 12 February as he was leaving<br />
his paper’s offices for home. Police found<br />
his car – its engine still running – the<br />
next day.<br />
In Peru, where journalists initially en -<br />
joyed an improvement in press freedom<br />
following President Alberto Fujimori’s<br />
ous ter in 2000, the number of attacks<br />
against journalists, particularly those wor -<br />
king in the provinces, has risen stea dily<br />
over the past few years.<br />
Hugo Chávez and members<br />
of his administration<br />
continued to harass and<br />
intimidate Venezuela’s proopposition<br />
media<br />
Despite the rejection by national<br />
referendum of proposed constitutional<br />
chan ges that would have given the president<br />
more powers to restrict the media,<br />
Hugo Chávez and members of his ad -<br />
ministration continued to harass and<br />
intimidate Venezuela’s pro-opposition<br />
media. Their aggressive rhetoric has<br />
encouraged local officials, state security<br />
personnel, pro-government supporters<br />
and others to attack the media, both verbally<br />
and physically. <strong>On</strong>e journalist,<br />
Pierre Fould Gerges, vice president of the<br />
Caracas daily newspaper, Reporte Diario<br />
de la Economía, was shot dead by two<br />
unidentified gunmen on 2 June. The<br />
daily’s senior staff had received death<br />
threats linked to the publication’s critical<br />
stance on government corruption. <strong>On</strong><br />
18 September, Venezuelan authorities ex -<br />
pelled two senior members of Human<br />
Rights Watch from the country. José<br />
Miguel Vivanco and Daniel Wilkinson,<br />
Americas Director and Deputy Director,<br />
respectively, were expelled hours after<br />
holding a news conference in Caracas to<br />
present a report, “A Decade of Chávez”,<br />
which describes how democratic institutions<br />
and human rights guarantees have<br />
been weakened in Venezuela.<br />
Although Canada’s journalists enjoy<br />
a free media environment, attempts to<br />
force journalists to reveal confidential<br />
sources and the willingness of police to<br />
seize notes, photographs and other material<br />
belonging to journalists remain reasons<br />
for concern. In May, journalists ex -<br />
pressed dismay at the government’s decision<br />
to discontinue the Coordination of<br />
Access to Information Requests System<br />
database, which provided the public ac -<br />
cess to information requests filed with<br />
the government.<br />
In the United States, additional in -<br />
vestigations into the August 2007 murder<br />
of Chauncey Bailey, editor-in-chief of the<br />
weekly Oakland Post, were announced<br />
by California authorities in November.<br />
Bailey, who was shot dead in broad daylight<br />
on his way to his office in downtown<br />
Oakland, California, had been in -<br />
vestigating the alleged criminal activities<br />
of the owners and staff of “Your Black<br />
Muslim Bakery” at the time of his killing.<br />
<strong>On</strong>e suspect, Devaughndre Broussard, an<br />
occasional cook at the bakery, initially<br />
con fessed to the police that he killed<br />
Bailey, but later retracted his confession,<br />
maintaining it was made under duress.<br />
Alleged police irregularities in the investigation<br />
have been reported.<br />
Around the country, journalists continued<br />
to face contempt charges in federal<br />
court cases for refusing to reveal their<br />
sources or materials. In February, a federal<br />
judge held Toni Locy, a former USA<br />
Today reporter, in contempt for failing to<br />
identify sources who named former U.S.<br />
Army scientist Steven Hatfill as a possible<br />
suspect in the 2001 anthrax mail attacks<br />
that killed five people. The judge said he<br />
would fine Locy US$ 500 per day, escalating<br />
to US$ 5,000 per day, until she<br />
identified her sources.<br />
Over the past several years, attempts<br />
to force journalists to reveal their sources<br />
have resulted in the jailing of Judith<br />
Miller, a reporter for The New York Times,<br />
and Joshua Wolf, a freelance video-<br />
Blogger, in 2005 and 2006, respectively.<br />
In September 2006, Lance Williams and<br />
Mark Fainaru-Wada, two reporters for<br />
the San Francisco Chronicle, were senten -<br />
ced to 18 months in prison after refusing<br />
to reveal who leaked secret jury testimony<br />
during a criminal investigation into<br />
the use of steroids in professional sports.<br />
The two journalists only avoided going<br />
to jail after a confidential source came<br />
forward. Another journalist, TV reporter<br />
Jim Taricani from Providence, Rhode Is -<br />
land, was sentenced to six months’ house<br />
arrest in December 2004 for refusing to<br />
divulge the name of a source.<br />
These and other federal court sanctions<br />
on reporters for refusing to reveal<br />
confidential sources have led to increased<br />
efforts to enact a federal media shield law.<br />
The latest attempt was overwhelmingly<br />
passed through the House of Represen -<br />
tatives and the Senate Judiciary Commit -<br />
tee, but suffered a setback on 30 July<br />
when the motion to consider the bill, S.<br />
2035, was withdrawn in the Senate.
Europe By Colin Peters<br />
Information:<br />
What’s Yours is Ours<br />
The gradual backslide in European press freedom continued this year, as<br />
governments further dented journalists’ right to protect the confidentiality<br />
of their sources, strengthened and applied criminal defamation legislation, and<br />
used counter-terrorism as a pretext to stifle free speech. Meanwhile, reporters<br />
on the continent continued to die for carrying out their professional duties<br />
Violent, and even fatal, attacks on<br />
journalists remain more serious<br />
and more frequent the further<br />
one travels East in the region. Despite<br />
pled ges from new president Dmitry<br />
Med vedev to protect the media, Russia<br />
remains the most dangerous European<br />
country for journalists, with four killed<br />
this year. All four journalists either<br />
worked in or reported on Russia’s volatile<br />
North Caucasus region.<br />
Georgia proved equally deadly for<br />
jour nalists. Three reporters lost their lives<br />
during the August hostilities with Russia,<br />
and another shortly thereafter. Violence<br />
was witnessed in other parts of the ex-<br />
Soviet region, too. In Georgia’s neighbour,<br />
Azerbaijan, one individual journalist<br />
was repeatedly attacked- beaten, knifed,<br />
and narrowly avoiding being pushed<br />
under a train. In Belarus, journalists<br />
reporting on a demonstration were brutally<br />
assaulted and detained by the KGB.<br />
Attacks on journalists<br />
remain more serious and<br />
more frequent the further<br />
one travels East<br />
Serious attacks on the media were also<br />
registered in the South East European<br />
region. In Croatia, a car bomb killed<br />
two media workers in October. Both<br />
worked for the weekly Nacional, and<br />
both had earlier received death threats.<br />
<strong>On</strong>e of them, Ivo Pukanic, had even been<br />
shot at outside his apartment in April in<br />
an ap parent attempted murder. Death<br />
threats against journalists were not un -<br />
com mon in Croatia, with IPI’s affiliate<br />
SEEMO reporting that at least two other<br />
journalists were threatened with their<br />
lives in 2008. Elsewhere in the region,<br />
violence against the media was perpetrated<br />
in Serbia and in Greece.<br />
A bomb attack on Spanish newspaper<br />
El Correo in June showed that physical<br />
aggression remains a threat in Western<br />
Europe. Nearly 50 workers were comple -<br />
ting the Sunday edition at the newspaper’s<br />
Zamudio premises when an explosive<br />
device – believed to have been planted<br />
by the Basque separatist group “ETA”<br />
– was triggered outside the building.<br />
Fortunately, nobody was hurt.<br />
In general, however, dangers to press<br />
freedom in Western Europe tended to<br />
arise through restrictive legislation, and<br />
this year even stalwart defenders of free<br />
speech such as Germany, the U.K. and<br />
Finland took legislative steps that could<br />
impact negatively on the media. Coun -<br />
ter-terrorism again provided the basis for<br />
much of the proposed or implemented<br />
changes.<br />
The trend towards the storage of tele -<br />
communications data for possible use in<br />
criminal investigations in the EU, re -<br />
quired by EU Directive 2006/24/EC,<br />
poses a potential problem. The directive<br />
obligates governments to ensure that<br />
communications companies store certain<br />
user data for a period of between six and<br />
twelve months, for potential use by<br />
national authorities should the need<br />
arise. 22 EU members are currently im -<br />
plementing the necessary changes to their<br />
domestic law. Ireland, supported by the<br />
Slovak Republic, has challenged the<br />
A copy of the Sunday edition of El Correo<br />
newspaper at the Zamudio printing works<br />
following the bomb explosion of 8 June.<br />
(Reuters/Ho New)<br />
directive at the Court of Justice of the<br />
European Communities, but the Advo -<br />
cate-General recommended in October<br />
that the court reject Ireland’s appeal.<br />
The legislation poses a threat to journalists’<br />
ability to protect the confidentiality<br />
of their sources, a right that came<br />
under further pressure this year. In Ger -<br />
83
84<br />
Channel <strong>On</strong>e, state-run Russian television,<br />
correspondent Ilyas Shurpayev is seen in<br />
Dagestan region's capital Makhachkala in<br />
this Sept. 2007 photo. Shurpayev was one<br />
of four journalists killed in Russia this year.<br />
(AP/Sergei Rasulov)<br />
many, for example, draft legislation called<br />
“The Law on Defence against the Dan -<br />
gers of <strong>International</strong> Terrorism” was in -<br />
troduced. It would have given German<br />
police increased power to perform surveillance<br />
on German citizens, while stripping<br />
journalists of the automatic right to<br />
protect the secrecy of their sources.<br />
Fortunately, the bill was defeated in the<br />
German Bundestag in November.<br />
In France, long-awaited draft legislation<br />
designed to strengthen journalists’<br />
right to protect the secrecy of their<br />
sources passed its second reading in the<br />
French National Assembly, but the draft<br />
was criticised for not going far enough.<br />
In the U.K., a journalist fought the<br />
Greater Manchester Police all the way to<br />
the High Court to prevent being forced<br />
to hand over source material from a book<br />
he had written. The court ultimately ru -<br />
led against him.<br />
Some form of criminal<br />
defamation legislation<br />
still exists in almost every<br />
European country<br />
Misuse of the “right of reply” raised<br />
concerns in Slovakia, when the Slovak<br />
parliament passed a revised <strong>Press</strong> Act containing<br />
provisions that could seriously<br />
restrict media independence and editorial<br />
autonomy. Slovak citizens now have<br />
the right to force newspapers to print<br />
their replies to articles that they feel have<br />
hurt their reputation. These replies must<br />
be printed – in the same location as the<br />
original article and taking up the same<br />
amount of space on the printed page –<br />
even if the factual content of the original<br />
article is not in question.<br />
This move came at a time when countries<br />
such as Germany are working to<br />
limit the scope of their own “right of<br />
reply”, as shown by the January decision<br />
of the Federal Constitutional Court to<br />
overturn a lower court ruling against Der<br />
Spiegel. A Hamburg court had ordered<br />
Der Spiegel to print a disgruntled reader’s<br />
reply to a 2004 article. Der Spiegel maintained<br />
on appeal that the impressions the<br />
reader sought to counter in her reply<br />
were not necessarily conveyed by the<br />
original article. The Federal Constitu tio -<br />
nal Court concurred, concluding that the<br />
“right of reply” only applies to disputed<br />
statements presented as irrefutable facts.<br />
The use of criminal defamation against<br />
journalists also frequently caused concern<br />
in 2008. Some form of criminal defamation<br />
legislation still exists in almost every<br />
European country. Despite calls for decri -<br />
minalisation of the offence by organisations<br />
such as the OSCE and the Council<br />
of Europe, certain countries have taken<br />
the opposite approach.<br />
In Slovenia, for example, a group of<br />
supporters of the then-ruling Slovenian<br />
Democratic Party attempted to bring<br />
criminal defamation charges against the<br />
initiators of 2007’s “Petition against<br />
Censorship and Political <strong>Press</strong>ures on<br />
Journalists in Slovenia” in February,<br />
claiming that the petition had defamed<br />
the Slovenian Republic, damaged Sloven -<br />
ia’s good reputation, and inflicted political<br />
and material damage on the Slovenian<br />
state. During the course of its high-level<br />
mission to Ljubljana in March, IPI called<br />
for these charges to be dropped and for<br />
the laws under which they where filed to<br />
be removed. However, in April, amendments<br />
widening the scope of Slovenia’s<br />
criminal defamation legislation by increa -<br />
sing the number of persons responsible<br />
for articles were included in a reform<br />
package to the Slovenian Criminal Code.<br />
The bill became law on 1 November.<br />
Recourse to criminal insult charges<br />
against journalists seemed to in fact be -<br />
come more, not less, acceptable among<br />
Slovenian politicians, as shown by the<br />
complaints filed against Finnish journal-<br />
ist Magnus Berglund in October by then-<br />
Prime Minister, Janez Jansa, and against<br />
Reporter journalist Biserka Karneža Cer -<br />
jak in December by Bojan Srot, mayor of<br />
one of Slovenia’s largest cities. In both<br />
instances, the charges related to the ag -<br />
grieved individual’s public position. It<br />
remains to be seen whether the incoming<br />
Pahor administration, which has promised<br />
to improve media freedom, will<br />
change this trend.<br />
The police allegedly<br />
visited De Fillipis early in<br />
the morning, verbally<br />
abused him in front of<br />
his children and took him<br />
to a police station, where<br />
he was questioned and<br />
twice subjected to body<br />
cavity searches<br />
In France, the former managing editor<br />
of the daily Libération, Vittorio de<br />
Filip pis, endured extreme harassment by<br />
the authorities in a defamation-related<br />
issue. The police allegedly visited de<br />
Filippis early in the morning of 28<br />
November, verbally abused him in front<br />
of his children and took him to a police<br />
station, where he was questioned and<br />
twice subjected to body cavity searches<br />
before being brought before a judge. The<br />
arrest was in connection to a two-year old<br />
libel case concerning an article that was<br />
not written by de Filippis, but for which<br />
he was responsible due to his position at<br />
Libération at the time of its publication.<br />
The uproar following news of the treatment<br />
of de Filippis prompted French<br />
President Nicolas Sarkozy to call for the<br />
decriminalisation of defamation on 11<br />
December.<br />
Another European country with a<br />
prob lematic track-record on criminal<br />
defamation is Turkey, where infamous<br />
Article 301 criminalised, among other<br />
things, insults to the vague notion of<br />
“Turkishness”. IPI sent an open letter to<br />
the Turkish President, Abdullah Gül, in<br />
January to coincide with the first an ni -<br />
versary of the murder of renowned Turk -<br />
ish-Armenian journalist Hrant Dink,<br />
calling for the long-promised reform<br />
package that would amend Article 301,<br />
which many believe leads to the singling-
People walk past a banner in Tbilisi (Reuters/David Mdzinarishvili )<br />
out of outspoken journalists such as Dink<br />
for attack. Article 301 was finally revised<br />
in April. However, the limited changes –<br />
which, among other things, substituted<br />
the term “the Turkish nation” for “Turk -<br />
ishness” and reduced the maximum sentence<br />
from three years imprisonment to<br />
one – mean that journalists can still be<br />
jailed for their writings. In addition, Tur -<br />
k ey retains a raft of other criminal of -<br />
fences that can and do lead to the imprisonment<br />
of journalists.<br />
With EU member states<br />
retaining – and sometimes<br />
using – criminal insult laws,<br />
countries such as Turkey<br />
can claim to have drawn<br />
themselves into line with<br />
the “European standard”<br />
This year was, in fact, a politically turbulent<br />
one for Turkey. The Constitution -<br />
al Court nearly banned the ruling Justice<br />
and Development Party, 80 Turkish individuals<br />
(including several journalists)<br />
were indicted for plotting to bring down<br />
the government, and allegations surfaced<br />
that the Prime Minister, Recep Tayyip<br />
Erdogan, benefited from embezzled mo -<br />
ney in the “Deniz Feneri e.V.” charity<br />
scandal. These events were certainly partly<br />
to blame for the increase in pressure on<br />
the Turkish media, with Erdogan publicly<br />
criticising the Dogan Media Group<br />
following the latter’s coverage of the<br />
“Deniz Feneri” case, for example. IPI’s<br />
statement condemning Erdogan’s comments<br />
was received angrily by the Turkish<br />
prime minister, who publicly denigrated<br />
IPI at a party rally. Erdogan later went on<br />
to urge his supporters not to buy certain<br />
newspapers, and, in December, Erdogan’s<br />
office refused to renew the accreditation<br />
of several long-term political reporters.<br />
The EU and the Council of Europe<br />
(CoE), organisations with the potential<br />
of playing a pivotal role in introducing<br />
and maintaining high standards of media<br />
freedom across the continent, achieved<br />
little in that direction this year. The EU<br />
has not moved on criminal defamation,<br />
and with its member states retaining –<br />
and sometimes using – criminal insult<br />
laws, countries such as Turkey can claim<br />
to have drawn themselves into line with<br />
the “European standard” despite wholly<br />
unsatisfactory reform. The CoE, in the<br />
meantime, has spoken loudly on criminal<br />
defamation, but the slow journey to the<br />
European Court of Human Rights<br />
(ECtHR) means that journalists must of -<br />
ten suffer before they can receive justice.<br />
The current ineffectiveness of these<br />
bodies is exemplified by the case of Azeri<br />
journalist Eynulla Fatullayev, long victimised<br />
by the oppressive Azeri government<br />
for his critical reporting and currently<br />
serving an eight year prison sentence<br />
on what most consider as contrived<br />
charges. Both the EU and the CoE have<br />
called for his immediate release. How -<br />
ever, these calls have been ignored and<br />
Fatullayev continues to languish in a pri -<br />
son cell, deprived even of writing materials.<br />
Following the rejection of his appeal<br />
by the Azeri Supreme Court in June this<br />
year, Fatullayev applied to have his case<br />
heard at the ECtHR. The court is currently<br />
considering his application.<br />
85
86<br />
Middle East and North Africa By Naomi Hunt<br />
Progress Without<br />
<strong>Press</strong> Freedom<br />
<strong>Press</strong> freedom in the Middle East and North Africa (MENA) region did not<br />
improve in 2008. Most regional governments continued to use defamation<br />
legislation, anti-terrorism laws and laws protecting Islam to steamroll<br />
freedom of expression. Journalists who criticized government policy or<br />
wrote about corruption faced heavy fines, imprisonment and even the<br />
death penalty, while women and minority journalists were especially targeted.<br />
Violence remained a real and constant threat.<br />
Opposition gunmen from the Syrian Socialist Nationalist Party search the offices of the<br />
Future TV studios. (REUTERS/STR New)<br />
There were several attempts by governments<br />
in 2008 to exert control<br />
over the Internet, which has provided<br />
a relatively free space for political<br />
and cultural discourse in many countries.<br />
Filtering was widespread, as was the practice<br />
of blocking access to critical websites<br />
for a period of time. This year, both<br />
Ye men and Egypt instituted new<br />
requirements for Internet cafes. Café users<br />
must now register their names and other<br />
personal information before going on -<br />
line, ostensibly to track potential terrorists<br />
using the web. This is already practiced<br />
in Tunisia, where Internet cafes are<br />
state-run and under police surveillance.<br />
In fact, five of the thirteen “Internet<br />
Enemies” listed by Reporters Without<br />
Bor ders are countries in the MENA re -<br />
gion. These are Saudi Arabia, Egypt,<br />
Sy ria, Tunisia and Iran. Libya was re -<br />
cently removed from the list, as no cyber-<br />
dissident has been arrested since March<br />
2006 (although there remains absolutely<br />
no independent press in the country).<br />
Bloggers suffered much judicial harassment,<br />
charged with criminal offences or<br />
simply held without charge. In Saudi<br />
Ara bia, where censorship is official policy,<br />
bloggers were often targeted for al -<br />
legedly insulting Islam or the prophet. In<br />
Iran, at least seven bloggers were detained<br />
or arrested at some point this year, on<br />
charges such as spying for Israel, engaging<br />
in activity liable to harm national se -<br />
curity, and for publicity against the state.<br />
Of these seven, five were women. At least<br />
ten bloggers were detained or jailed this<br />
year in Egypt. Although the restrictions<br />
on online writers have reportedly been<br />
pushed back, allowing for a greater diversity<br />
of opinion online, Emergency Law<br />
and <strong>Press</strong> Law rules continue to be used<br />
to harass journalists and bloggers.<br />
Although strict licensing procedures<br />
and ministerial oversight prevent the publication<br />
of many critical reports in the<br />
region, journalists whose work passes layers<br />
of censorship must also contend with<br />
harsh defamation and libel laws. Defam -<br />
ing or insulting state officials continues<br />
to carry prison time in many MENA<br />
coun tries. In Algeria, defamation of high<br />
officials and state organs has been criminalized<br />
since 2001, and as of February<br />
2006, it is illegal to criticize actions dur-
Arab leaders and delegations attend the closing session of the annual summit of the Arab league in Damascus, Syria Sunday, March 30, 2008. (AP/Nasser Nasser)<br />
ing the 1990s by security forces in that<br />
country. In Jordan, defamation is punishable<br />
only with a fine; however, insulting<br />
the King or the royal family carries a<br />
sentence of up to three years. Criticizing<br />
the head of state, undermining public<br />
morality, defaming individuals or misrepresenting<br />
Yemeni or Arab heritage are all<br />
illegal in Yemen. Similar legislation also<br />
exists in Egypt, Saudi Arabia, Libya,<br />
Tunisia, Mo roc co, Chad, the United<br />
Arab Emirates, Qatar and Oman.<br />
In Iran, at least seven<br />
bloggers were detained or<br />
arrested this year, on<br />
charges such as spying for<br />
Israel, engaging in activity<br />
liable to harm national<br />
security, and for publicity<br />
against the state<br />
National security legislation, including<br />
anti-terrorism laws and relic emergency<br />
acts, including the criminalization<br />
of threats to national cohesion, were also<br />
used to harass the press and media in<br />
most MENA countries, with Lebanon<br />
and Israel being notable exceptions.<br />
The use of national security laws to re -<br />
press free speech was particularly visible<br />
in Iran, where critical journalists, bloggers<br />
and dissidents – especially Kurds and<br />
Azeri – are frequently accused of activity<br />
liable to harm security, publicity against<br />
the Islamic republic, and even spying for<br />
Israel. Instead of being tried in regular<br />
courts, such cases are frequently heard by<br />
revolutionary courts – often without the<br />
defendant present, or even aware that<br />
they are being tried. Revolutionary courts<br />
were designed to try those attempting to<br />
overthrow the Islamic republic. Punish -<br />
ments meted out are often harsh, and in -<br />
clude the death penalty.<br />
Many countries in the MENA region<br />
criminalize expression that is interpreted<br />
as insulting to Islam. Iran, Jordan, Ye -<br />
men, Saudi Arabia, Morocco and<br />
Qatar all pe n alize apostasy, heresy and<br />
insults to Is lam or the prophet Moham -<br />
med with harsh penalties, including the<br />
death penalty.<br />
Potential insult to religion also ser ved<br />
as an excuse for censorship in a muchcri<br />
ticized set of satellite broadcasting<br />
principles adopted by the Arab League<br />
in Feb ru ary. The Cairo <strong>Institute</strong> for Hu -<br />
man Rights Studies (CIHRS) denoun -<br />
ced the document as a “fake national<br />
and ethical cover to limit the freedom<br />
margin exercised by the media outlets<br />
in some of the Arab countries.” The docu<br />
ment, which called for, among others,<br />
the prohibition of ma terials that incite<br />
hatred, violence or terror ism, also stated<br />
that broadcasts must comply with the<br />
values of Arab society and refrain from<br />
insulting God, revealed religions, pro -<br />
phets and even religious symbols.<br />
Potential insult to religion<br />
also served as an excuse<br />
for censorship in a muchcriticized<br />
set of satellite<br />
broadcasting principles<br />
adopted by the Arab League<br />
in February<br />
Violent conflict throughout many<br />
parts of the region continued to victimize<br />
journalists and other media workers,<br />
some harmed alongside other civilians in<br />
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88<br />
attacks, others singled out for their role<br />
in spreading information. In Sudan, several<br />
journalists were physically harmed<br />
in the course of the conflict with Chad.<br />
Editors were summoned or arrested on at<br />
least ten occasions in 2008, and at least<br />
ten newspapers were suspended, banned<br />
or had press proofs seized.<br />
At least thirteen<br />
reporters died as a result<br />
of targeted killings<br />
In Lebanon, political parties, of<br />
which there are dozens, are frequently<br />
and fa mously represented by one publication<br />
or broadcaster. Journalists and other<br />
staff are therefore embroiled in political<br />
and often violent conflict. This year,<br />
there were ar son attacks on the buildings<br />
of newspaper Al-Anbaa and Armenian<br />
Radio Sevan. <strong>On</strong> May 9, four news me -<br />
dia owned by Saad Hariri, leader of the<br />
anti-Syrian Fu ture Movement, were targeted<br />
by Hez bol lah. Militants fired rock-<br />
ets at news-paper Al-Mustakbal, while<br />
gunmen surrounded Future TV, Future<br />
News and Ra dio Orient, threatening to<br />
fire if broad casts were not cut. Broad -<br />
casts resumed five days later.<br />
Iraq continued to be the world’s deadliest<br />
place for reporters, even though far<br />
fewer were killed this year than last. All<br />
victims were local journalists working for<br />
Iraqi news sources. At least thirteen re -<br />
por ters died as a result of targeted kil -<br />
lings, adding to what the Committee to<br />
Protect Journalists described as an “un -<br />
blemished record of impunity for the<br />
killer of journalists.” The United States<br />
military detained and held at least six<br />
journalists and editors, while Iraqi forces<br />
legally harassed or imprisoned a further<br />
seven. At least seven incidents of mistreat<br />
ment, beatings or torture were repor -<br />
ted. Furthermore, Reporters Without Bor -<br />
ders issued a statement saying that press<br />
freedom had worsened in Iraqi Kur dis -<br />
tan, in the past a zone of relative safety.<br />
Many of the year’s developments<br />
throughout the MENA region involved a<br />
seemingly region-wide concern for the<br />
protection of cultural heritage clashing<br />
with pushes for modernization. With ac -<br />
cess to the Internet and to foreign programmes<br />
through satellites and other<br />
tech nologies growing, the availability of<br />
information (and misinformation) conti -<br />
nued to create a new relationship bet -<br />
ween citizens and states. It remains to be<br />
seen whether this means that repression,<br />
censorship and legal harassment will soon<br />
give way to better protection of broad<br />
free doms, including the freedom of ex -<br />
pression.<br />
Religion and politics are closely tied in Saudi Arabia,<br />
home to Islam’s holiest sites. A view of Muslim<br />
pilgrims praying at the Grand Mosque in Mecca.<br />
(Reuters/Ahmed Jadallah)
Australasia and Oceania By Colin Peters<br />
Free – But Not to Disagree<br />
The region’s worst performer in press freedom terms this year was Fiji,<br />
where the media is still suffering under the interim government of Frank<br />
Baini mara ma. <strong>Press</strong>ure was also felt elsewhere in the region, including<br />
Aus tra lia, where threats to journalists’ right to protect the confidentiality<br />
of their sour ces paralleled those of Western Europe.<br />
Areturn to democracy in Fiji was<br />
once again put on hold this year,<br />
when Bai ni marama, the interim<br />
prime minister, an nounced in July his<br />
decision to postpone the elections scheduled<br />
for March 2009. Bainimarama, who<br />
took power following the bloodless coup<br />
of 5 December 2006, blamed the current<br />
electoral system for the delay, stating that<br />
it promotes racial division and needs<br />
reform. This postpone ment was bad<br />
news for Fiji’s media, which has struggled<br />
under his rule.<br />
The publisher of the<br />
Fiji Times was taken from<br />
his home and placed on<br />
a flight out of the country<br />
the following day<br />
The year got off to a poor start on the<br />
small island nation, with the January ar -<br />
rest and detention of a TV crew that had<br />
been legitimately covering a dispute bet -<br />
ween a school principal and its administrators.<br />
In February, Immigration Department<br />
officials detained Australian-born<br />
Fiji Sun publisher Russell Hunter, decla -<br />
red him a “security risk,” and deported<br />
him. His expulsion – carried out on a day<br />
that Bainimarama assured the public that<br />
media freedom in Fiji is “secure and guaranteed”<br />
– took place despite a High<br />
Court order blocking his deportation.<br />
Hunter has since been declared a prohibited<br />
immigrant.<br />
Immigration Department officials for -<br />
ced another foreign publisher out of the<br />
country in almost identical circumstances<br />
little more than two months after the<br />
expulsion of Hunter. Evan Hannah, an<br />
Australian citizen and the publisher of<br />
the Fiji Times, was taken from his home<br />
on 1 May and placed on a flight out of<br />
the country the following day, for al -<br />
legedly breaching the conditions of his<br />
work permit. <strong>On</strong>ce again, the deportation<br />
was carried out despite a High Court<br />
order requiring Hannah to be presented<br />
in court later that afternoon.<br />
Hannah’s deportation took place on<br />
the eve of World <strong>Press</strong> Freedom Day, an<br />
occasion that again saw Bainimarama<br />
reiterate the security of Fijian media freedom.<br />
Such assurances contrasted, however,<br />
with frequent verbal attacks made<br />
against the media by the interim prime<br />
minister and other government officials.<br />
Bainimarama’s World <strong>Press</strong> Freedom Day<br />
message was actually more concerned<br />
with calling on the media to be “responsible”<br />
than with highlighting freedom of<br />
the press, and at various other points in<br />
the year the press have been accused of<br />
bias, unprofessionalism and of intentionally<br />
spreading misinformation. At one<br />
point they were even blamed for starting<br />
the 2006 coup itself.<br />
This attitude calls into question the<br />
motivation behind an upcoming media<br />
promulgation, originally due to be disclosed<br />
in December and ostensibly aimed<br />
at bringing existing Fijian media law<br />
under one umbrella. The interim government’s<br />
Deputy Secretary for Information,<br />
Major Neumi Leweni, asserted that the<br />
promulgation would continue to encourage<br />
media freedom and freedom of<br />
expression. However, the planned reform<br />
is believed to contain proposals that<br />
would give statutory powers to a media<br />
tribunal that will replace Fiji’s self-regulatory<br />
media council, as well as other<br />
changes increasing the authorities’ ability<br />
to jail journalists.<br />
A recent court case underscores the<br />
potential threat such broadened authority<br />
could pose. At the end of October, following<br />
a High Court ruling stating that<br />
Fiji Daily Post barrister Tevita Fa consulting with<br />
editor-in-Chief Robert Wolfgramm (left), publisher<br />
Alan Hickling (centre) and General Mana ger<br />
Mesake Koroi (right) during the Fiji Times hearing<br />
in December 2008. (Fiji Daily Post)<br />
Bainimarama’s premiership was legal, a<br />
reader’s letter questioning the court’s de -<br />
cision was published in the Fiji Times and<br />
the Fiji Daily Post. The letter was deemed<br />
contemptuous. Both newspapers published<br />
apologies and admissions of guilt<br />
on their front pages, plus offers to pay<br />
costs. This did not satisfy the interim<br />
Attorney-General of Fiji, Aiyaz Sayed-<br />
Khaiyum, who is now seeking prison sentences<br />
for the publishers and editors-inchief<br />
of the two newspapers, plus US$<br />
550,000 fines against the publications.<br />
The judgment in the case of the Fiji<br />
Times is to be handed down at the beginning<br />
of January 2009, while that of the<br />
Fiji Daily Post is due in April.<br />
Fiji was not the only country in the<br />
region whose media have been pressured<br />
by their government for critical reporting<br />
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90<br />
The Fiji Times legal team after hearing of<br />
the contempt of court case brought against<br />
publisher Rex Gardiner (left) and Editor in<br />
Chief, Netani Rika (right). (Fiji Daily Post)<br />
this year. In June, Michael Somare, Prime<br />
Minister of Papua New Guinea<br />
(PNG), told journalists that they should<br />
consider themselves lucky he has not followed<br />
Fiji’s example and deported them<br />
for “contrary” reporting. A week earlier,<br />
Somare had referred the country’s<br />
Post-Courier newspaper to the Parlia -<br />
mentary Privileges Committee for what<br />
he clai med was an irresponsible front<br />
page story alleging that PNG public officials<br />
were complicit in an aid-money corruption<br />
scandal. A journalist at the Post-<br />
Courier also received death threats for<br />
reporting on the matter.<br />
The interim Attorney-<br />
General of Fiji is now<br />
seeking prison sentences<br />
for the publishers and<br />
editors-in-chief of the<br />
two newspapers, plus<br />
US$550,000 fines against<br />
the publications<br />
Elsewhere in the region, in October,<br />
Vanuatu’s Minister for Agriculture,<br />
Havo Moli, warned the media that the<br />
government would introduce a law res -<br />
tricting press freedom if they continued<br />
to publish biased and unfair opinions.<br />
Moli’s statement was made in res ponse to<br />
an editorial in the country’s Indepen -<br />
dent news paper that questioned his com-<br />
Papua New Guinea's Prime Minister Somare<br />
(Reuters/Ho New)<br />
mitment to encouraging rice farming<br />
out side of his own constituency.<br />
Australia did not live up to its reputation<br />
as regional role model this year,<br />
with a number of incidents that raised<br />
concern, particularly regarding the au -<br />
tho rities’ stance on the protection of<br />
sources. In July, Paul Lampathakis of the<br />
Sunday Times was summoned before a<br />
State Par liament Upper House inquiry in<br />
Western Australia and asked to reveal the<br />
sources behind an article revealing the<br />
state government’s plans for an advertising<br />
campaign. Lampathakis refused to<br />
comply, and was allegedly threatened<br />
with a pri son sentence for contempt.<br />
The premises of the Sunday Times had<br />
already been raided by the police in April,<br />
and the property of his journalist colleagues<br />
indiscriminately searched. Ano -<br />
ther violation of the right to protect<br />
sources followed in September, when federal<br />
police in Canberra raided the home<br />
of Canberra Times reporter Philip Dorlin,<br />
searching for classified defence documents<br />
revealing that Australia’s secret<br />
services considered regional allies South<br />
Korea and Japan as high a priority for<br />
their spies as countries such as China and<br />
North Korea.<br />
In a positive development in the re gi -<br />
on, on 14 February of this year, the Cook<br />
Islands became the first Pacific island<br />
nation to introduce freedom of information<br />
legislation. Cook Island Prime Min -<br />
ister Sir Terepai Maoate encouraged the<br />
country’s administration to respect the<br />
new laws, stating that government officials<br />
should be neither uneasy with the<br />
Act nor uncomfortable with releasing<br />
information to the public. The “Official<br />
Information Bill” will come into force in<br />
February 2009, giving the relevant heads<br />
of ministries and responsible members of<br />
government twelve months to familiarise<br />
themselves with its details.<br />
Freedom of information, or the lack of<br />
it, has long been a matter of concern in<br />
the Pacific region. This fact is slowly<br />
being accepted and addressed by the<br />
region’s governments. For example, the<br />
Pacific Islands Forum (PIF) organised a<br />
training programme in conjunction with<br />
the UNDP in June in Honiara, capital of<br />
the Solomon Islands. The programme<br />
was aimed at “building on the momentum<br />
of interest in freedom of information,<br />
using the Cook Islands example as<br />
part of discussions to ignite and renew<br />
further interest” among the Forum Island<br />
Countries, according to the PIF secretariat’s<br />
press release.<br />
Vanuatu’s Minister for<br />
Agriculture warned the<br />
media that the government<br />
would introduce<br />
a law restricting press<br />
freedom if they continued<br />
to publish biased and<br />
unfair opinions<br />
Freedom of information was also a<br />
topic in Tonga this year. The country’s<br />
parliament in October held a workshop<br />
titled “Parliament and the Media”, which<br />
several national and international politicians<br />
and members of civil society,<br />
including His Royal Highness Prince Tui<br />
Pelehake, attended. The workshop recognised<br />
the importance of freedom of information<br />
as a necessary part of a well-functioning,<br />
democratic society, and called on<br />
the Tongan government to draft and en -<br />
act appropriate legislation “as a matter of<br />
urgency.” The workshop’s chairman, Sa -<br />
miu Vaipulu, who is also Chairman of<br />
the Whole House Committee of the Ton -<br />
gan parliament, said that the event had<br />
shown there is a lot of work to be done to<br />
attain the more democratic form of government<br />
for which Tonga is striving.
The Caribbean By Charles Arthur<br />
Another Troubling Year<br />
In the region’s three most populous countries – the Dominican Republic,<br />
Cuba and Haiti – journalists experienced a variety of limitations on their ability<br />
to practice their profession freely<br />
It was another troubling year for the<br />
media in the Caribbean region. In<br />
the region’s three most populous<br />
countries – the Dominican Republic,<br />
Cuba and Haiti – journalists experienced<br />
a variety of limitations on their<br />
ability to practice their profession freely.<br />
Mean while, in the English-speaking<br />
Carib bean, the main issue of contention<br />
continued to be criticisms of ruling parties<br />
voiced on talk-radio programmes<br />
and the authorities’ often heavy-handed<br />
response. Thankfully in 2008 there was<br />
only one case of a media worker losing<br />
their life as a direct consequence of their<br />
employment.<br />
In the Dominican Republic, the<br />
serious and worrying deterioration of the<br />
state of media freedom experienced in<br />
recent years continued, with media workers<br />
regularly subjected to threats of violence<br />
and intimidation. There was also<br />
further evidence of the judicial system<br />
being used to try to hinder the work of<br />
investigative journalists. In October, the<br />
Sindicato Nacional de Trabajadores de la<br />
Prensa (SNTP, National Union of <strong>Press</strong><br />
Workers) stated that since the beginning<br />
of the year a total of 32 journalists had<br />
been physically attacked or threatened,<br />
while 21 others had been the subject of<br />
judicial proceedings.<br />
Normando García, a cameraman<br />
for a daily news<br />
programme, was shot dead<br />
in the city of Santiago<br />
In the most serious attack, on 7 Au -<br />
gust Normando García, a cameraman<br />
for the daily news programme “Detrás<br />
de la No ti cia” (Behind the News), was<br />
shot dead in the city of Santiago. The<br />
crime re mains unsolved, but a colleague<br />
said he believed García was murdered<br />
in retaliation for his work covering<br />
drug-trafficking and crime. According<br />
to journalists in Santiago, García had<br />
received multiple death threats since the<br />
beginning of the year.<br />
Concerning the large number of journalists<br />
being taken to court in the Do -<br />
minican Republic, Mercedes Castillo,<br />
pre sident of the Colegio Dominicano de<br />
Periodistas (CDP, the Association of<br />
Dominican Journalists), said, “Each case<br />
is different, but they merge together to<br />
create an atmosphere which limits our<br />
ability to pursue our work.” <strong>On</strong>e of the<br />
worst examples of the use of the courts to<br />
intimidate the media occurred when a<br />
dairy company sued investigative journalists<br />
Nuria Piera and Huchi Lora, after<br />
they filed a report indicating that the<br />
milk which the company supplied for<br />
school breakfasts lacked the levels of<br />
nutrients required by the Ministry of<br />
Education. The case took a turn for the<br />
worse in September, when a court granted<br />
permission for the authorities to<br />
search the journalists’ offices for archived<br />
tapes and other information of interest to<br />
the dairy company.<br />
Huchi Lora said that the court order<br />
would be seen as a warning for journalists<br />
to steer clear of reporting on irregularities<br />
affecting anyone or any company that has<br />
a lucrative government contract. He ad -<br />
ded that it would greatly encourage the<br />
practice of self-censorship. In the event,<br />
such was the popular outcry against the<br />
ruling that it was never applied, and in<br />
December the courts threw out the dairy<br />
company’s defamation suit altogether.<br />
In Haiti, the improvement in the general<br />
climate of media freedom during the<br />
presidency of René Préval continued, but<br />
earlier optimism about moves to end the<br />
state of impunity for murderers of journalists<br />
in previous years has faded. In<br />
December 2007 two people had been<br />
convicted of the 2001 murder of radio<br />
journalist Brignol Lindor, and in January<br />
of this year a further seven other people<br />
were convicted of involvement in his<br />
murder in absentia. However, disap-<br />
Cuba's President Raul Castro flashes<br />
the victory sign during a session of Cuba's<br />
National Assembly in Havana, Sunday,<br />
Feb. 24, 2008. (AP/Ismael Francisco)<br />
pointingly, by the end of the year, the<br />
authorities had not been able to apprehend<br />
any of them.<br />
In Haiti, earlier optimism<br />
about moves to end the<br />
state of impunity for<br />
murderers of journalists in<br />
previous years has faded<br />
There was also no further progress in<br />
the long-running investigation into the<br />
2000 murder of Radio Haiti Inter director,<br />
Jean Dominique. Yet another judge –<br />
the sixth in eight years – was appointed<br />
to lead the investigations, but his efforts<br />
met with little success. At the start of the<br />
year, the judge tried to question the<br />
powerful businessman, Rudolph Boulos,<br />
a possible suspect. But Boulos, who had<br />
recently been elected to the country’s<br />
Senate, refused to respond to a series of<br />
summonses, citing his parliamentary<br />
immunity.<br />
In December there was a major setback<br />
both for the investigation, and for<br />
the struggle to end impunity in general,<br />
when Guy Delva, the country’s most<br />
prominent media rights advocate and the<br />
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Protestors march against rising food prices along the streets in the town of Les Cayes,<br />
Haiti in April, 2008 (Reuters/Eduardo Munoz)<br />
head of the committee appointed by<br />
President Préval to help investigations<br />
into journalists’ murders, was found<br />
guilty of charges of defamation against<br />
Rudolph Boulos. In an unprecedented<br />
decision, Delva, who had repeatedly<br />
drawn attention to Boulos’ refusal to co -<br />
operate with the investigating judge, was<br />
sentenced to one month in prison. His<br />
appeal against the verdict was still pending<br />
at the end of the year.<br />
Cuba continues to be an immensely<br />
difficult country for the independent<br />
media. Independent journalists and their<br />
families routinely face discrimination,<br />
sanctions and harassment at the hands of<br />
the authorities. However, during the year,<br />
there were some signs of a slight thaw in<br />
the state’s rigorous control over the me -<br />
dia. In February, the government of<br />
President Raúl Castro released four prisoners,<br />
including independent journalists<br />
José Gabriel Ramón Castillo and Alejan -<br />
dro González Raga. The two were among<br />
the 27 journalists arrested in the so-called<br />
“black spring” crackdown of March<br />
2003. As highlighted in IPI’s Justice<br />
Denied Campaign, 22 journalists are still<br />
held in jail, where they are sometimes<br />
kept in solitary confinement. Suffering<br />
from appalling hygiene conditions, rotten<br />
food and inadequate medical care, it<br />
is feared that some of the journalists<br />
could die as a result of the conditions in<br />
the prisons.<br />
Also in February, the Cuban government<br />
signed two UN human rights pacts.<br />
The following month there was another<br />
encouraging signal when the authorities<br />
announced the lifting of restrictions on<br />
individuals’ acquisition of computer<br />
equipment.<br />
<strong>On</strong>e of the countries in the Englishspeaking<br />
Caribbean where the media<br />
faced the most difficulties in 2008 was<br />
Guyana. In April, the television station<br />
CNS TV6 had its license to broadcast<br />
suspended for four months following<br />
controversial comments by a member of<br />
the public during a political affairs talkshow.<br />
The owner of CNS, Chandra<br />
Narine Sharma, who is also the leader of<br />
a small opposition political party, said<br />
that his station had been singled out for<br />
harassment by the authorities – while<br />
others were getting away with similar<br />
infringements – because he gave airtime<br />
to opposition politicians. The station had<br />
been closed down for a month by the<br />
authorities in January 2005, and for two<br />
days in 2002. The Guyana <strong>Press</strong> Associa -<br />
tion (GPA) unequivocally condemned<br />
the decision, stating that “undoubtedly,<br />
due process has been violated and sacrificed<br />
at the altar of political expediency<br />
and self-interest.”<br />
In July, the actions of the Guyanese<br />
authorities again raised protests when<br />
Capitol News TV reporter and producer<br />
Gordon Moseley was declared persona<br />
non grata in the office of the president.<br />
The Government Information Agency<br />
had withdrawn his accreditation and ac -<br />
cused him of making “disparaging and<br />
disrespectful remarks” about the government<br />
in a letter to the Stabroek News.<br />
Media freedom advocates claimed that<br />
barring a journalist because his comments<br />
displeased the president was an<br />
attack on pluralism and on the media’s<br />
critical role. In response to the ban,<br />
members of the GPA announced a temporary<br />
boycott of all government functions<br />
as a form of protest against the deci-<br />
sion. There was better news in April<br />
when the government resumed advertising<br />
with the Stabroek News. The state<br />
advertising boycott of the newspaper –<br />
which had lasted for 17 months - had<br />
been viewed as official action to stifle dissent<br />
and to punish recalcitrant media.<br />
In Trinidad and Tobago, Prime<br />
Min ister Patrick Manning upset media<br />
freedom advocates when, in early<br />
November, he made a personal visit to<br />
the Power 102 radio station to complain<br />
about the “unprofessional conduct” of<br />
two of the station’s broadcasters.<br />
Manning insisted that he was exercising<br />
his right as an ordinary citizen, and had<br />
just “dropped into the station” on his way<br />
home. The Media Association of Trini -<br />
dad and Tobago re mained unconvinced,<br />
describing Mann ing’s visit to the radio<br />
station as “unprecedented”, and one that<br />
could be perceived as an attempt to<br />
intimidate or stifle me dia freedom. The<br />
Trinidad and Tobago Publishers and<br />
Broadcasters Association said that it was<br />
unacceptable for an or gan isation or person<br />
“who is of the view that he has been<br />
wronged” to “enter the premises of a<br />
broadcaster to have the incorrect information<br />
corrected.”<br />
Cuba continues to be an<br />
immensely difficult country<br />
for the independent media<br />
In February, the arrest of a Jamaican<br />
journalist working in Grenada, and a<br />
subsequent order for her to leave the<br />
country, once again raised questions<br />
about regional governments’ commitment<br />
to media freedom and to the concept<br />
of the free movement of media<br />
workers throughout the CARICOM<br />
bloc. Tenesha Thomas, who was in<br />
Grenada on behalf of CaribUpdate – a<br />
regional news agency based in Florida –<br />
was arrested on the grounds that her visa<br />
had expired, and then told she had 24<br />
hours to leave the country. The Associa -<br />
tion of Caribbean Media Workers condemned<br />
the move, and the organisation’s<br />
head, Wesley Gibbings, said, “The order<br />
for her to leave the country can be viewed<br />
as a hostile act against her and her news<br />
agency for reasons that have to do with<br />
the practice of journalism.” The government<br />
of Grenada later said it would allow<br />
Thomas to remain until her assignment<br />
was completed.
A man listens to a portable radio in Old Havana, Cuba (REUTERS/STR New)<br />
93
94<br />
A Palestinian journalist wears the torn flack jacket of slain Reuters cameraman Fadel Shana during a protest in Gaza (Reuters/Suhaib Salem)
2008 Death Watch By Michael Kudlak<br />
66 Journalists killed in 2008<br />
Asia Becomes the World’s Most Dangerous Region<br />
With 66 journalists and media<br />
workers killed because of<br />
their work in 2008, fatalities<br />
worldwide were down from record highs<br />
of 93 in 2007 and 100 in 2006.<br />
Fourteen journalists were killed in<br />
Iraq, once again the world’s most dangerous<br />
country for news professionals. Six<br />
journalists were killed in Pakistan, five<br />
each in India, Mexico and the Philip -<br />
pines, and four in Georgia and Russia,<br />
respectively. Journalists were also killed in<br />
Afghanistan, Bolivia, Brazil, Cambodia,<br />
Croatia, the Democratic Republic of Con -<br />
go, the Dominican Republic, Guate mala,<br />
Kenya, Nepal, Nigeria, the Palestinian<br />
Territories, Somalia, Sri Lanka, Thailand,<br />
and Venezuela. Many of these killings<br />
were committed with impunity.<br />
Twenty-six journalists were killed in<br />
Asia, making it the deadliest place in the<br />
world in which to practice journalism.<br />
Six journalists were killed in Pakistan<br />
alone, second only to Iraq in the number<br />
of casualties worldwide. In the Philip -<br />
pines, where five journalists were killed<br />
because of their work, more than 80 journalists<br />
have been murdered with impunity<br />
since the return to democracy in 1986.<br />
At least five journalists were killed in<br />
India in 2008, the bloodiest year for journalism<br />
in that country since 2000.<br />
Twenty-six journalists<br />
were killed in Asia,<br />
making it the deadliest<br />
place in the world in which<br />
to practice journalism<br />
In the Middle East and North Africa,<br />
15 journalists were killed in 2008. Four -<br />
teen were killed in Iraq – a sharp drop<br />
from 42 and 46 in 2007 and 2006, res -<br />
pectively. <strong>On</strong>e photojournalist, Fadel<br />
Sha na, was killed in the Palestinian Terri -<br />
tories. The Reuters cameraman was killed<br />
in the Gaza Strip by Israeli troops when<br />
he stepped out of his car, which was<br />
clearly marked as a press vehicle, to film<br />
an Israeli tank.<br />
Afghan mourners pay tribute in front of a poster of late Afghan journalist Abdul Samad Rohani in Kabul<br />
(Reuters/Ahmad Masood)<br />
In Europe, 10 journalists were killed.<br />
Three journalists of the four journalists<br />
killed in Georgia died during the weeklong<br />
August war with Russia. Stan Stori -<br />
mans, a Dutch cameraman for the television<br />
channel RTL 4 in the Netherlands,<br />
was killed during bombing in the city of<br />
Gori on 12 August. <strong>On</strong> 10 August, Ale -<br />
xander Klimchuk, a photojournalist for<br />
the Russian news agency Itar-Tass, and<br />
Grigol Chikhladze, a reporter for Russian<br />
Newsweek, were killed while covering<br />
fighting in the disputed region of<br />
South Ossetia. Four journalists were kil -<br />
led in Russia, including Gadzhi Abashi -<br />
lov, head of the State Television and Ra -<br />
dio Broadcasting Company in the southern<br />
republic of Dagestan. In Croatia, Ivo<br />
Pukanic, owner of the NCL Media<br />
Group, and employee Niko Franjic were<br />
killed when a car bomb exploded in front<br />
their offices in central Zagreb.<br />
Ten journalists were killed in the<br />
Ame ricas and the Caribbean – five of<br />
them in Mexico, where another eight<br />
were reported missing. The frequent violent<br />
attacks against journalists reporting<br />
on corruption and drug trafficking, combined<br />
with the impunity accompanying<br />
these crimes, have made Mexico the most<br />
dangerous country in the Americas for<br />
journalists.<br />
Five journalists were killed in Africa –<br />
down from 12 in 2007. Two reporters<br />
were killed in Somalia, plagued by years<br />
of lawlessness and fighting between rival<br />
warlords. In the DRC, Didace Namujim -<br />
bo, a reporter for the UN-sponsored Ra -<br />
dio Okapi, was shot at close range on his<br />
way home in the eastern city of Bukavu.<br />
He had reported extensively on the trial<br />
into the murder of another Radio Okapi<br />
journalist, Serge Maheshe, who died in<br />
similar circumstances in June 2007.<br />
95
96<br />
Africa Asia<br />
Democratic Republic<br />
of Congo (1)<br />
Didace Namujimbo, 34, a reporter for<br />
the UN-run Radio Okapi, was shot at<br />
close range on 21 November as he went<br />
home in Bukavu, South Kivu province.<br />
He had reported extensively on the trial<br />
into the death of a colleague, Serge Ma -<br />
he she, who died in similar circumstances<br />
in June 2007.<br />
Kenya (1)<br />
Trent Keegan, a New Zealand-born<br />
pho tojournalist, was found with multiple<br />
head injuries in a ditch beside Uhuru<br />
Highway in Nairobi on 28 May. Police<br />
say he was killed in a robbery, but colleagues<br />
are sceptical. Keegan was investigating<br />
a land dispute in northern Tan za -<br />
nia between the Maasai people and the<br />
U.S.-based Thomson Safaris Company,<br />
and had told friends he was concerned<br />
about his safety.<br />
Nigeria (1)<br />
Eiphraim Audu, a radio reporter for<br />
Nasarawa State Broadcasting Service, was<br />
shot and killed on 15 October by un iden -<br />
tified gunmen near his home in La fia,<br />
central Nigeria. Nothing was taken from<br />
him or his car, which was parked nearby.<br />
Somalia (2)<br />
Nasteh Dahir Farah, 36, a free-lancer<br />
and vice chairman of the National Union<br />
of Somali Journalists, was shot dead on<br />
7 June by two men while walking home<br />
from an Internet café in Kismayo.<br />
Hassan Kafi Hared, 38, a reporter for<br />
the Somali National News Agency and<br />
Gedonet.com, died in a landmine ex -<br />
plosion in Siyad Village, Kismayo, on 28<br />
Janu ary. He was on his way to a press<br />
conference.<br />
Afghanistan (2)<br />
Abdul Samad Rohani, 25, of BBC’s<br />
Pashto Service, was found dead on 8 June,<br />
the day after he went missing. His bulletriddle<br />
body was found in a cemetery near<br />
Lashkar Gah, Helmand province.<br />
Carsten Thomassen, 38, of the Nor -<br />
we gian daily Dagbladet, was killed on 14<br />
January when armed militants attacked<br />
the Serena Hotel in Kabul, where Tho -<br />
massen was covering a meeting.<br />
Cambodia (1)<br />
Khim Sambo, who worked for the proopposition<br />
Moneakseka Khmer, was gun -<br />
ned down on 11 July along with his son<br />
in Phnom Penh. The reporter covered<br />
graft, illegal logging and land-grabbing<br />
by powerful government figures.<br />
India (5)<br />
Vikas Ranjan, 32, a correspondent for<br />
the daily Hindustan, was shot 25 Novem -<br />
ber by three unidentified men on motorcycles<br />
in Rosera, in the Samastipur district<br />
of Bihar state. He wrote about crime<br />
and corruption and had been receiving<br />
threats for some time.<br />
Jagjit Saikia, of the daily Amar Asom,<br />
was shot several times on 20 November<br />
by unidentified gunmen near his office in<br />
Kokrajhar, in the north-eastern state of<br />
Assam. He frequently wrote about rivalries<br />
between armed groups and political<br />
organisations fighting for the political<br />
autonomy of the ethnic Bodo population<br />
in Assam.<br />
Javed Ahmed Mir, a cameraman for<br />
Channel 9 television, was shot and killed<br />
by security forces on 13 August while<br />
covering protests in Srinagar, Jammu and<br />
Kashmir.<br />
Ashok Sodhi, a photographer for the<br />
Daily Excelsior in Jammu and Kashmir,<br />
was killed 11 May in the crossfire<br />
between militants and security forces in<br />
Samba, near the border with Pakistan.<br />
Mohammed Muslimuddin, correspondent<br />
for the daily Asomiya Pratidin, was<br />
killed by several assailants armed with<br />
sharp objects near his home in the village<br />
of Barpukhuri, Assam state. Muslimud -<br />
din, who died on 1 April of multiple<br />
wounds, had written about drug trafficking<br />
in the weeks before his death.<br />
Nepal (2)<br />
Jagat Prasad Joshi, an editor for the<br />
Maoist daily Janadisha, was found dead<br />
on 28 November in a forest near his<br />
home in Malakheti. News reports suggested<br />
that Joshi may have been killed<br />
because of his writing.<br />
Pushkar Bahadur Shrestha, 57, publisher<br />
of the Highway Weekly, was shot<br />
dead on 12 January near the southern<br />
town of Birgunj by suspected militants.<br />
Pakistan (6)<br />
Abdul Razzak Johra, 45, a reporter for<br />
Royal TV, was dragged out of his home<br />
and killed by six armed men in Mianwali<br />
district, Punjab, on 3 November. The at -<br />
tack came a day after he report on local<br />
drug trafficking.<br />
Abdul Aziz Shaheen, 32, of the Urdulanguage<br />
daily Azadi, was killed on 29<br />
August in an attack by security forces on<br />
a Taliban hideout in Swat. He was reportedly<br />
abducted by a group of Taliban two<br />
days earlier.<br />
Mohammed Ibrahim Khan, 45, a re -<br />
porter for Express TV, was shot by un -<br />
identified men outside Khar, North West<br />
Frontier Province, on 22 May. He was<br />
returning by motorcycle from an interview<br />
with a Taliban spokesman.<br />
Khadim Hussain Shaikh, a stringer for<br />
Sindh TV and bureau chief for the Urdulanguage<br />
daily Khabrein, was killed by<br />
unidentified gunmen on 14 April as he<br />
left his home by motorbike in Hub,<br />
Balochistan province. His brother, Ishaq<br />
Sheikh, who was riding with the journalist,<br />
was wounded.
Siraj Uddin, of the daily Nation, was<br />
among more than 40 people killed on 29<br />
February in a suicide bombing in Min -<br />
gora, North West Frontier Province. He<br />
was reporting on the funeral of a police<br />
officer at the time.<br />
Abdus Samad Chishti Mujahid, 55,<br />
a photographer and columnist for the<br />
weekly Akhbar-e-Jehan, was killed by a<br />
gunman in Quetta on 9 February. The se -<br />
paratist Baloch Liberation Army clai med<br />
responsibility.<br />
Philippines (5)<br />
Leo Mila, 38, a host at Radyo Natin in<br />
Northern Samar province, was shot 2<br />
December while riding his motorcycle on<br />
the station’s compound. He had recently<br />
received death threats.<br />
Aristeo Padrigao, a Radyo Natin commentator,<br />
was shot on 17 November by<br />
a gunman on a motorcycle outside Bu -<br />
kidnon State University on the island of<br />
Mindanao. He regularly criticised corruption<br />
and had received death threats.<br />
Dennis Cuesta, a programme director<br />
and anchor for DXMD radio, an affiliate<br />
of the Radio Mindanao Network, died<br />
on 9 August five days after being shot by<br />
two gunmen on a motorcycle.<br />
Martin Roxas, 32, programme director<br />
for DYVR radio, died on 7 August after<br />
two men shot him in the back as he was<br />
going home from work on his motorcycle<br />
on the central island of Panay. He had<br />
received threats because of his investigative<br />
work.<br />
Benefredo Acabal, 34, publisher of the<br />
Pilipino Newsmen, was shot several times<br />
at close range on 7 April by an unidentified<br />
gunman on a motorcycle in Pasig<br />
City, near Manila.<br />
Sri Lanka (2)<br />
Rashmi Mohamed, a correspondent for<br />
Sirasa TV in Anuradhapura, was among<br />
27 people killed on 6 October in a suicide<br />
bombing at the opening ceremony<br />
of the new office of the United National<br />
Party in Anuradhapura.<br />
Paranirupasingham Devakumar, 34,<br />
correspondent for Maharaja Television,<br />
and his friend Mahenthiran Varathan,<br />
a computer technician, were stabbed to<br />
death on 28 May by a group of unidentified<br />
people in Navanthurai village on Jaff -<br />
na peninsula. He was one of few journalists<br />
reporting from the restive peninsula.<br />
Thailand (3)<br />
Jaruek Rangcharoen, 46, a reporter for<br />
the daily Matichon, was shot several times<br />
in the head while buying food at a market<br />
in Suphanburi province. The shooting<br />
on 27 September was believed to be<br />
linked to his investigative reports on local<br />
corruption.<br />
Chalee Boonsawat, a reporter for the<br />
Thai Rath daily, was killed by a car bomb<br />
that had apparently targeted people arriving<br />
at the scene of a blast that occurred<br />
minutes earlier in the town of Sungai<br />
Kolok. The attacks on 21 August were<br />
blamed on insurgents in a region rife<br />
with separatist violence.<br />
Athiwat Chaiyanurat, a reporter for<br />
the daily Matichon, was shot on 1 August<br />
at home in Chaiyamontri, Nakorn Sri<br />
Thammarat province. He reported on lo -<br />
cal corruption and crime, and had re -<br />
ceived death threats.<br />
Europe<br />
Croatia (2)<br />
Ivo Pukanic, 47, owner of the NCL<br />
Media Group, and Niko Franjic, marketing<br />
director of the company’s weekly<br />
Nacional, were killed on 23 October<br />
when a car bomb exploded in front of<br />
their offices in central Zagreb. Pukanic<br />
had received numerous threats in the<br />
past. Two other Nacional employees were<br />
wounded.<br />
Georgia (4)<br />
Giorgi Ramishvili, of Rustavi 2 broadcasting,<br />
was hit by a stray bullet while<br />
filming near the village of Shavnabada,<br />
near Tbilisi, on 6 September.<br />
Stan Storimans, 39, a cameraman for<br />
RTL 4 television in the Netherlands, died<br />
12 August during the bombing in the<br />
central city of Gori. His colleague,<br />
Jeroen Akkermans, was wounded.<br />
They were covering the conflict between<br />
Russia and Georgia.<br />
Alexander Klimchuk, a photojournalist<br />
for Itar-Tass, and Grigol Chikhlad -<br />
ze, on assignment for the Russian edition<br />
of Newsweek magazine, were killed 10<br />
August while covering fighting in the disputed<br />
region of South Ossetia.<br />
Russia (4)<br />
Abdulla Telman Alishayev, of the<br />
Islamic station TV Chirkey, died 3 Sep -<br />
tember, a day after he was attacked near<br />
Makhachkala, Dagestan, by two unidentified<br />
assailants.<br />
Magomed Yevloyev, 37, founder Ingu -<br />
shetiya.ru, was arrested on 31 August by<br />
police officers at Narzan Airport in the<br />
Russian republic of Ingushetia. He suffered<br />
a gunshot to the head during the<br />
ride to a local police station and died in<br />
hospital. Yevloyev was a vocal critic of the<br />
Kremlin and Murat Zyazikov, president<br />
of Ingushetia.<br />
97
98<br />
Dutch cameraman Stan Storimans<br />
was killed in August during a Russian<br />
bombardment of the Georgian town<br />
of Gori. (Reuters/Hennie Keeris)<br />
Ilyas Shurpayev, 32, correspondent for<br />
Channel <strong>On</strong>e television, was found stab -<br />
bed and strangled in his Moscow apartment<br />
on 21 March. Police say a fire was<br />
started in an attempt to cover up the<br />
murder. Robbery was initially ruled out<br />
as a motive for the crime.<br />
Gadzhi Abashilov, 58, head of the<br />
State Television and Radio Broadcasting<br />
Company in Dagestan, was killed on 21<br />
March when his car was sprayed with<br />
bul lets from a passing vehicle in Mak -<br />
hach kala. The motive for the killing was<br />
not immediately known.<br />
Middle East<br />
and North Africa<br />
Iraq (14)<br />
Dyar Abas Ahmed, 28, a reporter for<br />
the online newspaper Eye Iraq, was shot<br />
dead on 10 October by unidentified gunmen<br />
as he was walking with a friend in<br />
the centre of Kirkuk. The motive for the<br />
killing was not immediately known.<br />
Musab Mahmood, a correspondent for<br />
al-Sharqiya TV, and cameramen Ahmed<br />
Salim and Ihab Mu’d, were found dead<br />
on 13 September a short distance from<br />
where they were abducted while filming<br />
in Mosul. Their driver was also slain.<br />
Soran Mama Hama, 23, a reporter for<br />
the Kurdish-language bimonthly magazine<br />
Leven, was shot on 21 July by un -<br />
identified gunmen outside his home in<br />
Kirkuk. He had written articles on corruption<br />
and had received several anonymous<br />
threats.<br />
Mohieldin Al-Naqib, 49, a reporter for<br />
a local affiliate of state-run Al-Iraqiya TV,<br />
was killed in a drive-by shooting north of<br />
Mosul on 17 June. He had received several<br />
death threats because of his work.<br />
Haidar al-Husseini, 37, a journalist for<br />
the Baghdad daily Al-Sharq, was found<br />
dead on 22 May in the Buhrez area of<br />
Diyala province three days after he was<br />
kidnapped on his way to work by armed<br />
men in the al-Tahrir area of Baqouba. His<br />
body showed signs of torture.<br />
Wissam Ali Ouda, 32, a cameraman for<br />
Al-Afaq television, was returning home<br />
from an assignment when he was shot<br />
by a sniper in the Al-Obaidi district of<br />
Bagh dad on 21 May.<br />
Sarwa Abdul-Wahab, 36, a freelance<br />
journalist, was shot and killed in Mosul<br />
on 4 May while resisting two would-be<br />
kidnappers.<br />
Jassim al-Batat, a correspondent for<br />
Al-Nakhil TV & Radio, was killed on<br />
25 April by unidentified gunmen in the<br />
town of Qurna, north of Basra.<br />
Qassim Abed El-Hussein Al-Iqbai,<br />
36, of the Al-Muwatin daily, was killed<br />
by unknown gunmen in Baghdad on 13<br />
March.<br />
Shihab Al-Tamimi, 74, head of the<br />
Iraqi Journalists Syndicate, died of a<br />
stroke on 27 February in a hospital where<br />
he was being treated for injuries he suffered<br />
when unidentified gunmen opened<br />
fire on the car carrying Al-Tamimi, his<br />
son and a colleague in Baghdad.<br />
Hisham Mijawet Hamdan, 27, head of<br />
the Young Journalists Association, was<br />
found dead on 12 February with gunshot<br />
wounds to the head and chest. He<br />
worked as a political reporter for the bimonthly<br />
Al-Siyassa wal-Karar, which is<br />
published by the association.<br />
Alaa Abdul-Karim Al-Fartoosi, 29, a<br />
cameraman for the satellite channel Al-<br />
Forat, was killed in a roadside bombing<br />
in the town of Balad, north of Baghdad.<br />
He was travelling with three colleagues<br />
when the bomb exploded on 28 January,<br />
killing the driver and wounding a female<br />
correspondent and a camera assistant.<br />
Palestinian<br />
Territories (1)<br />
Fadel Shana, a Reuters cameraman, was<br />
killed by Israeli Defence Forces in the<br />
Gaza Strip on 16 April. Shana and<br />
soundman Wafa Abu Mizyed, who was<br />
wounded in the incident, had gotten out<br />
of their car, which was clearly marked<br />
“TV” and “<strong>Press</strong>”, to film an Israeli tank<br />
when it fired on them.
The Americas<br />
Bolivia (1)<br />
Carlos Quispe Quispe, a journalist for<br />
the government-run Radio Municipal in<br />
Pucarani, died on 29 March of injuries<br />
suffered two days earlier when he was<br />
beaten by demonstrators calling for the<br />
ouster of the local mayor. At least 150<br />
demonstrators forced their way into the<br />
municipal building where the radio station<br />
is located, destroying equipment and<br />
beating Quispe in the head and chest.<br />
Brazil (1)<br />
Walter Lessa de Oliveira, a cameraman<br />
for TV Assembléia, died 5 January<br />
in a drive-by shooting while waiting at a<br />
bus stop in Maceió. Revenge appeared to<br />
be the most likely motive for the murder<br />
as police identified a drug trafficker<br />
named “Aranha” (Spider) as the killer.<br />
State television had previously broadcast<br />
footage of Aranha filmed by Oliveira.<br />
Guatemala (1)<br />
Jorge Mérida Pérez, 40, a correspondent<br />
for the daily Prensa Libre, was shot<br />
to death in his home in Coatepeque,<br />
southwest of Guatemala City, on 10 May.<br />
Mérida reported on local drug trafficking<br />
and corruption, and reportedly received<br />
multiple threats.<br />
Mexico (5)<br />
José Armando Rodríguez Carreón,<br />
40, who covered crime for the Ciudad<br />
Juárez-based daily El Diario, was shot to<br />
death on 13 November by an unidentified<br />
gunman.<br />
Miguel Angel Villagómez Valle, 29,<br />
editor of La Noticia de Michoacán, a daily<br />
in Lázaro Cárdenas, was found shot to<br />
death on 9 October. His body had been<br />
left in a refuse bin. The newspaper often<br />
carries stories about corruption, organised<br />
crime and drug trafficking in Micho -<br />
acán state.<br />
Alejandro Zenón Fonseca Estrada,<br />
host of a morning talk show on EXA FM,<br />
was hanging posters on a main street in<br />
Villahermosa, Tabasco State, as part of<br />
his ongoing campaign against violence,<br />
when he was approached by unidentified<br />
men and shot at close range. Fonseca<br />
died of chest wounds on 24 September.<br />
Teresa Bautista Merino, 24, and<br />
Felicitas Martínez Sánchez, 20, re -<br />
porters for the community radio station<br />
La Voz que Rompe el Silencio, were shot<br />
by unidentified gunmen on a rural highway<br />
in Oaxaca State. They were on their<br />
way back from covering the State Forum<br />
for the Defence of the Rights of the<br />
Peoples of Oaxaca on 7 April.<br />
Venezuela (1)<br />
Pierre Fould Gerges, 48, vice president<br />
of the Caracas daily Reporte Diario de la<br />
Economía, was killed on 2 June by un -<br />
identified gunmen after newspaper officials<br />
received death threats linked to corruption<br />
reports.<br />
The<br />
Caribbean<br />
Dominican Republic (1)<br />
Normando García Reyes, a cameraman<br />
for the daily news programme “Detrás de<br />
la Noticia” on TV Teleunión, was shot<br />
dead on 7 August by unidentified individuals<br />
in Santiago de los Caballeros.<br />
Colleagues believed García, who covered<br />
drug trafficking and crime, was murdered<br />
because of his work.<br />
Mourners carry the body of slain Somali journalist Nasteh Dahir Farah. (Reuters)<br />
99
100<br />
Acknowledgements<br />
The <strong>International</strong> <strong>Press</strong> <strong>Institute</strong> would like to thank its members –<br />
leading journalists, editors and media executives from over 120 countries –<br />
for providing information for this report. Additionally, IPI would like<br />
to thank the Reuters news agency, the Associated <strong>Press</strong> (AP) and European<br />
<strong>Press</strong>photo Agency (EPA), as well as the following organisations:<br />
Aliansi Jurnalis Independen (AJI)<br />
All-Manipur Working Journalists<br />
Association<br />
Amnesty <strong>International</strong><br />
Arab Archives <strong>Institute</strong><br />
Arab Network for Human<br />
Rights Information (ANHRI)<br />
ArenaFilm Pty<br />
Article 19, London<br />
Austrian <strong>Press</strong> Agency (APA)<br />
Bahrain Centre<br />
for Human Rights<br />
Cairo <strong>Institute</strong> for Human<br />
Rights Studies (CIHRS)<br />
Cartoonists Rights Network<br />
<strong>International</strong><br />
Center for Journalism<br />
in Extreme Situations (CJES)<br />
Centre for Independent<br />
Journalism<br />
Centre for Media Freedom and<br />
Responsibility – Philippines<br />
Committee to Protect<br />
Journalists (CPJ)<br />
European Journalism Centre<br />
Federation of<br />
Nepali Journalists<br />
Foreign Correspondents<br />
Club of China (FCCC)<br />
Free Media Movement<br />
(FMM) – Sri Lanka<br />
Freedom House<br />
Freedom of Expression <strong>Institute</strong><br />
Glasnost Defence Foundation<br />
Hong Kong Journalists<br />
Association<br />
Human Rights Watch (HRW)<br />
Hungarian News Agency<br />
Corporation (MTI)<br />
<strong>Institute</strong> for Reporter Freedom<br />
and Safety (IRFS) – Azerbaijan<br />
<strong>International</strong> Federation<br />
of Journalists (IFJ)<br />
<strong>International</strong> Freedom<br />
of Expression eXchange (IFEX)<br />
<strong>International</strong> Leaders Alliance<br />
Europe<br />
<strong>International</strong> News Safety<br />
<strong>Institute</strong> (INSI)<br />
<strong>International</strong> PEN<br />
Journaliste en Danger (JED)<br />
Media Foundation for West Africa<br />
Media <strong>Institute</strong> (Kenya)<br />
Media <strong>Institute</strong><br />
of Southern Africa (MISA)<br />
Media Watch<br />
Mizzima News – Burma<br />
National Union of Somali<br />
Journalists<br />
Organisation for Security and<br />
Cooperation in Europe (OSCE)-<br />
Representative on Freedom<br />
of the Media<br />
Pacific Media Watch<br />
Pakistan <strong>Press</strong> Foundation (PPF)<br />
Peace <strong>Institute</strong>, Ljubljana<br />
Radio Televizija Slovenija (RTS)<br />
Reporters sans Frontières (RSF)<br />
South Asian Journalists<br />
Association<br />
Southeast Asian<br />
<strong>Press</strong> Association<br />
Southeast European Media<br />
Organisation (SEEMO)<br />
Thai Journalists<br />
Association (TJA)<br />
The Slovenian Association<br />
of Journalists<br />
Union of Slovene<br />
Journalists (SNS)<br />
World Association<br />
of Newspapers<br />
World <strong>Press</strong> Freedom<br />
Committee<br />
We also thank the<br />
numerous other<br />
ano nymous contributors.<br />
In addition, we thank the<br />
Austrian National Bank<br />
for its contribution.<br />
Finally, we thank<br />
the Austrian Ministry<br />
for European and<br />
<strong>International</strong> Affairs<br />
for its support.
100<br />
Acknowledgements<br />
The <strong>International</strong> <strong>Press</strong> <strong>Institute</strong> would like to thank its members –<br />
leading journalists, editors and media executives from over 120 countries –<br />
for providing information for this report. Additionally, IPI would like<br />
to thank the Reuters news agency, the Associated <strong>Press</strong> (AP) and European<br />
<strong>Press</strong>photo Agency (EPA), as well as the following organisations:<br />
Aliansi Jurnalis Independen (AJI)<br />
All-Manipur Working Journalists<br />
Association<br />
Amnesty <strong>International</strong><br />
Arab Archives <strong>Institute</strong><br />
Arab Network for Human<br />
Rights Information (ANHRI)<br />
ArenaFilm Pty<br />
Article 19, London<br />
Austrian <strong>Press</strong> Agency (APA)<br />
Bahrain Centre<br />
for Human Rights<br />
Cairo <strong>Institute</strong> for Human<br />
Rights Studies (CIHRS)<br />
Cartoonists Rights Network<br />
<strong>International</strong><br />
Center for Journalism<br />
in Extreme Situations (CJES)<br />
Centre for Independent<br />
Journalism<br />
Centre for Media Freedom and<br />
Responsibility – Philippines<br />
Committee to Protect<br />
Journalists (CPJ)<br />
European Journalism Centre<br />
Federation of<br />
Nepali Journalists<br />
Foreign Correspondents<br />
Club of China (FCCC)<br />
Free Media Movement<br />
(FMM) – Sri Lanka<br />
Freedom House<br />
Freedom of Expression <strong>Institute</strong><br />
Glasnost Defence Foundation<br />
Hong Kong Journalists<br />
Association<br />
Human Rights Watch (HRW)<br />
Hungarian News Agency<br />
Corporation (MTI)<br />
<strong>Institute</strong> for Reporter Freedom<br />
and Safety (IRFS) – Azerbaijan<br />
<strong>International</strong> Federation<br />
of Journalists (IFJ)<br />
<strong>International</strong> Freedom<br />
of Expression eXchange (IFEX)<br />
<strong>International</strong> Leaders Alliance<br />
Europe<br />
<strong>International</strong> News Safety<br />
<strong>Institute</strong> (INSI)<br />
<strong>International</strong> PEN<br />
Journaliste en Danger (JED)<br />
Media Foundation for West Africa<br />
Media <strong>Institute</strong> (Kenya)<br />
Media <strong>Institute</strong><br />
of Southern Africa (MISA)<br />
Media Watch<br />
Mizzima News – Burma<br />
National Union of Somali<br />
Journalists<br />
Organisation for Security and<br />
Cooperation in Europe (OSCE)-<br />
Representative on Freedom<br />
of the Media<br />
Pacific Media Watch<br />
Pakistan <strong>Press</strong> Foundation (PPF)<br />
Peace <strong>Institute</strong>, Ljubljana<br />
Radio Televizija Slovenija (RTS)<br />
Reporters sans Frontières (RSF)<br />
South Asian Journalists<br />
Association<br />
Southeast Asian<br />
<strong>Press</strong> Association<br />
Southeast European Media<br />
Organisation (SEEMO)<br />
Thai Journalists<br />
Association (TJA)<br />
The Slovenian Association<br />
of Journalists<br />
Union of Slovene<br />
Journalists (SNS)<br />
World Association<br />
of Newspapers<br />
World <strong>Press</strong> Freedom<br />
Committee<br />
We also thank the<br />
numerous other<br />
ano nymous contributors.<br />
In addition, we thank the<br />
Austrian National Bank<br />
for its contribution.<br />
Finally, we thank<br />
the Austrian Ministry<br />
for European and<br />
<strong>International</strong> Affairs<br />
for its support.
102<br />
Acknowledgements<br />
The Austrian IPI Chapter acknowledges<br />
with appreciation the support for the<br />
Ipi <strong>Press</strong> Freedom Fund received from<br />
Johannes Attems<br />
Member of the Board, OeKB – Österr. Kontrollbank AG<br />
Christian Domany<br />
Director of the Board, Vienna Airport AG<br />
Harald Himmer<br />
Director General, Alcatel Lucent Austria AG<br />
Karl Javurek<br />
Director General, GEWISTA Werbegesellschaft m.b.H.<br />
Boris Nemsic<br />
CEO, Telekom Austria Group AG<br />
Peter J. Oswald<br />
Director General, Mondi AG<br />
Wolfgang Ruttenstorfer<br />
Director General, OMV Aktiengesellschaft<br />
Christian Sedlnitzky<br />
Chairman of the Board, UNIQA Versicherungen AG Wien<br />
Veit Sorger<br />
President, VÖI – Österr. Industriellenvereinigung<br />
Furthermore:<br />
NOVOMATIC AG