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26Journalists on the Frontline of Human Rights DefencePress LawThe current press law does not include articles guaranteeing freedom of the press, discriminatingstate censorship, and protecting journalist’s right to information. This means there is high needfor legal reforms, in the media legislations and practices, and also a need for democratization inthe bodies that govern the media, such as the Press Act and the Press Council for the printedmedia, the Electronic Media Act and regulatory bodies such as the Radio and TV BroadcastingAuthorities. Currently, the mandate of the press council gives it power and supervision authoritythat abuses the freedom and independence of the press. The council has the right to imposeadministrative sanctions which should be the authority of the court only. Unless the hands ofchange will reach these acts and bodies, nothing can lead to democratic transformation of medialaws and situation in the country.The right to information is also not well acknowledged. There are no sanctions for Governmentdepartments and officials who refuse to give unclassified information. There is not enoughprotection for journalists at workThe current journalist registration system should also be changed; according to the law journalistsshould sit for exams organized by the National Press Council to have permission to practicejournalism.Media and CensorshipAll the media, whether electronic or the printed press have been suffering from policies andsevere practices of Government control and censorship. Print media have suffered from securityinterference for a long period during the current Government rule, including periods after thesigning of the CPA, and the newly introduced Transitional Constitution of the year 2005.It is not only the direct censorship which is practiced by the security that is the only responsiblephenomenon or practice for the deterioration of the media situation. One can add to the securityinterference, other elements, such as the ownership, which reflects in the policies of the media,advertisement pressure, and absence of an independent journalists’ body. The current Union ofJournalists is a pro-Government organization which falls short of the necessary aspects ofindependence, democracy and equal representation of all journalists.Again, its restrictive laws and practices (Panel Act Article 159, defamation, etc.) together with thewhole atmosphere that pushes journalists to practice self-censorship in order to avoidconfrontation with the repressive laws and Governmental agencies.There are also major restriction on reporting on the Darfur conflict; journalists risk being arrestedand newspapers fined and closed.Monitoring and Documentation of Media AbusesIn this repressive situation, media abuses have been monitored and documented by someSudanese human rights organizations, regional, and international freedom of expressionorganizations. The main organizations, which are documenting and monitoring the media abusesare; Sudan Organization Against Torture (SOAT), Reporters Without Boarders (RSF),Committee to Protect Journalists (CPJ), International Federation of Journalists (IFJ),InternationalFreedom of Expression Ex-change (IFEX). Those organizations are issuing alerts and pressreleases, statements, and annual reports.
Conference Report: Resources and Proceedings 27The documentation and monitoring which is being done by those organizations helps a lot in thesearch for freedom of expression and freedom of the media in the country.Human rights defenders and those advocating for freedom of expression are playing essentialroles in the promotion of freedom of expression in the country. This role is to be appreciated.Among those efforts are the genuine partnerships between the Sudanese and the internationalorganizations for democratization of the media and media laws in the Sudan.It has to be mentioned that Sudan is part of regional and international treaties and conventions.This means that the Government has to respect its obligations. In addition, it has the obligation torespect the Interim Constitution of the year 2005.Recently, there were some respective initiatives for promotion of freedom of expression andmedia democratization in the country. One of the most important initiatives is the Rumbek–Khartoum Declaration 10 December 2005, which is a result of along process of civil society work(Promoting Freedom of Expression & Civil Society Involvement in Developing DemocraticMedia Legislation, Round tables at Khartoum, Nairobi and Rumbek).Recommendations:1) Legal reform is the most important; the media laws should comply with theInternational Standard, Interim Constitutions and CPA. (The situation in the South ofSudan is similar to the situation in the North of Sudan: no laws/bad laws and the needfor legal reforms. The old law cannot be amended and there should be a new law.Currently the press is experiencing an era and atmosphere Sudan had passed already,i.e. the marginalisation of freedom. Freedom now should be the main issue.2) Raising journalists’ awareness on human rights issues and freedom of expressions3) Net working on national, regional and international levels4) The media in Sudan shall be self-regulated to preserve its independence and strengthenits ability to play its role as a guarantor of democracy and good governance.5) Create different unions for journalists and publishers instead of the current status wherethey are represented in one union.South SudanJanet Logo Maya (Capital FM)Just like many African countries, Sudan claims to be a democracy. Former Sudanese Ambassadorto the United States, Mahdi Ibrahim Mohamed puts it even better, “The authentic portrait ofSudan is that rosy - Sudan is a democracy.”Since independence, Sudan has always been divided along ethnic, linguistic, geographical andreligious lines. The North, which is predominantly Arab and Moslem has always been moredeveloped and exposed to the rest of the world than the South, which is predominantly BlackAfrican and Christian.10The Declaration can be found under: http://www.article19.org/pdfs/other/khartoum-rumbekdeclaration.pdf.
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