Violence and impunity against Journalists: an affront to press freedom

By Moses Otsieno

Exactly a year ago, Journalist John Kituyi of the Mirror Weekly was walking home from work in Eldoret, Kenya. Assailants on a motorcycle allegedly approached and assaulted him repeatedly with blunt objects and took away his phone leaving other possessions.

The Journalist succumbed to his injuries. The deceased's employer, Mirror Weekly, remains closed since then.

Kituyi's case is emblematic of the increasing yet grievous nature of abuses on press freedom and the function of journalism. Over the last one year, press freedom index on safety and security of journalists has declined significantly in East Africa compared to other parts of the world. According to the UNESCO and Committee to Protect Journalist (CPJ), 24 journalists have so far been killed this year across the world. A total of 114 journalists were killed recorded in 2015.

The declining standard on safety and security of journalists in the EAC is largely driven by widespread attacks by state agents such as the police and politicians targeting journalists and media houses. According to reports by the Committee to Protect Journalists, Article 19 and Media Council of Kenya and Human Rights Network for Journalists-Uganda, journalists are frequently attacked mainly for covering stories on gross human rights violations, wanton corruption, bad governance, and poor leadership and in some cases, for abstruse reasons such as producing ‘inaccurate' stories.

Majority of these attacks are neither investigated nor punished, even when the culprits are well known thus creating vicious cyclic culture of impunity in which justice to victims is denied. Restrictive and archaic laws also contribute to a culture of violence and impunity.

Kenyan, Ugandan and Tanzanian governments are increasingly enforcing laws that violate established international human rights norms and principles without due protection to journalists. For example, criminal defamation under the penal code has frequently been used by the police to; threaten arrest, detain and suppress journalists and media houses for exposing corruption or criticizing government contrary to the established norms. For instance in the epoch making case of Konate vs Burkina Faso The African Court of Human and Peoples' Rights found criminal defamation antithetical to the right to freedom of expression under article 9 of the African Charter.

The precise impact of these pervasive attacks on journalists and media workers and entrenched impunity on press freedom has not been fully explored. What is clear however is that intimidated and unprotected journalists have resorted to self-censorship.

Also, media houses have become less critical of leadership amid popular perceptions that they have abandoned their public watchdog role. Moreover, it's not uncommon to find disengaged journalists who just undertake the bare minimum work to earn the next pay check. In totality, journalism has been reduced to a mundane activity that does little to highlight challenges facing the countries hence contributing to an ill-informed citizenry.

Journalists and media workers can only function well if they are not victims of threats, harassment, physical or mental attacks.

EAC States have signed onto the International Covenant on Civil and Political Rights which, as a result of Articles 2 and 19, obligates the governments to secure the rights of all citizens including journalists within their jurisdiction; specifically, for any threats committed by the public/state officials and private persons as well as the condoning of such violations. Other treaties and Constitutions, including legislations of the EAC states impose similar obligations.

More important, however, the EAC states are under a primary duty to put into place protective and preventive measures in order to safeguard rights of journalists. For instance, where there are widespread killings, the duty to protect journalists' stems from the state's positive obligations in relation to the right to life as well as the right to freedom of expression.

In international human rights law, states are required under this obligation to develop specific strategies and actions to protect media workers from threats by state/non-state agents, especially if they have been identified as facing a particular risk of attack.

EAC states are yet to put into place adequate and effective interventions to address the culture of impunity and violence against journalists. Where the interventions exist, these have been found to be non-responsive to the needs and challenges of journalists. The Kenya Media Council  has set up a safety and alert system, and reporting facilities for media infringement among other initiatives which many journalists might not be  aware of.

CSOs are playing a limited role to support and enhance journalists' safety and security such as the Kenya Media Working Group on Safety and Protection of Journalists. The network organizations have documented rights violations affecting journalists and are involved in policy influencing on laws affecting media. However, these efforts are not sufficient given the challenges.

In conclusion, EAC must do things differently to enhance the safety and security of journalists. Firstly, states' efforts need to be focused on establishment of a coordinated inter-agency platform that will address safety and protection - in line with the UN Plan of Action on the Safety of Journalists (IPDC) and the Issue of Impunity, which encourages concerted action by multiple stakeholders based on their competence. Such an inter-agency platform could provide opportunities for collective engagement based on partnership and mutual respect with civil society and private sector including media houses.

Secondly, political will in ending impunity and violence against journalists is required to ensure that journalists carry out their work in a safe environment. Addressing political will requires much more than reforming legislations on freedom of expression. It calls for bringing in new norms into life. The EAC states must directly address attitudes and prejudices within the state agents and political class that foster the culture of impunity. Civic education, equitable law enforcement and support services for victim journalists are pivotal.

Finally, EAC states should take immediate steps to: reinforce existing monitoring and reporting system on journalists' safety at national level ensuring that incident reports are submitted to UNESCO's IPDC's mechanism, provide support in securing journalistic communications; train security officers on freedom of expression to reduce tensions between police officers and journalists, and align national laws and policies with international laws and standards.

The writer is a programme development manager at Hivos Regional Office for East Africa in Nairobi