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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 />

87


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 />

89


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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92<br />

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

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