SWAZILAND MEDIA FREEDOM WOES

Sunday 3 May is World Press Freedom Day, a Unesco supported annual event to draw attention to the role of news media in democratic societies.

The day is also used as an opportunity to highlight media freedom violations across the world. There will be a number of events in Africa to mark the day.

In Swaziland it is an opportunity to reflect on how media freedom has been under attack during the past year. Here are some of the major low lights in Swaziland since May 2008. You might like to get a hot drink before you read on: it’s a very long list. Click on the links for more details.

Swazi senators get select committee to charge newspapers with contempt of parliament after reports appear of a fight in public between two senators. Link

Barnabas Dlamini, Swaziland’s illegally-appointed prime minister, told the Swazi House of Assembly that his government supports free speech, ‘But where such speech corrupts or incites violence or civil disorder, our government will act to stop it.’ Link

Former Swazi cabinet minister Mfomfo Nkhambule, who writes a weekly column for the Times of Swaziland, the kingdom’s only independent daily newspaper, is threatened by police, and expelled from his local regiment for writing articles deemed by the ruling elite to be critical of King Mswati III, sub-Saharan Africa’s last absolute monarchy. Link

The Media Institute of Southern Africa (MISA) Swaziland chapter reports that Swaziland’s media freedom is under attack like never before. It issued 15 ‘alerts’ about violations of media freedom in the first two months of this year (2009). Usually, MISA doesn’t expect to issue 15 alerts in a whole year. The violations were mainly around harassment of journalists, censorship, intimidation and assault of media persons. Link

The US State Department in its annual Country Report on Swaziland reported that during the past year the Swaziland attorney general and the prime minister warned journalists and diplomats against making statements that could be interpreted as seditious. It noted that journalists were threatened, harassed, assaulted, and detained during the year. Link

Reporters Without Borders (RWB) places Swaziland in 147^th place in the world when it comes to freedom of the press. Swaziland Government spokesperson Macanjana Motsa tries to rubbish the report in the same week that the illegally-appointed prime minister Barnabas Dlamini told journalists that if they criticise King Mswati III’s recent speech to parliament they will face sedition charges. Link

A journalist was harassed and barred from reporting the speech of King Mswati III at the opening of the Swaziland Parliament because she is a woman. Link 1 Link 2

Barnabas Dlamini, Swaziland’s illegally-appointed prime minister tells Swazi journalists they have nothing to fear from him and they will enjoy media freedom while he is PM. But, as Newswatch India noted, ‘in the same breath, the prime minister banned the media from writing about political parties which the government does not recognise. These parties include the Peoples United Democratic Movement (PUDEMO) whose leader, Mario Masuku, is currently in jail for allegedly supporting terrorism.’ Link

Two new magazines published in Swaziland are threatened with closure because they have not been registered by the government. Link

Swaziland’s illegally-appointed prime minister Barnabas Dlamini has said it was all right for Swazi police to haul in dissident Mfomfo Nkhambule and make him stop writing newspaper articles that criticised King Mswati III. Link

The Swazi Government wants to extend its censorship of the media to the Internet. Already newspapers and broadcast media are subject to censorship (and self-censorship) by government and other organs of the ruling elite. Now the Swaziland Attorney General Majahenkhaba Dlamini is looking to get a website from the People’s United Democratic Movement (PUDEMO) closed down. Link

The Times of Swaziland, the kingdom’s only independent daily newspaper, in an editorial comment says, ‘Constitution or no constitution, the days of the little freedom of speech we have left in this country are numbered,’ after its columnist Mfomfo Nkhambule was told to watch his mouth. Police say his writing is now bordering on Subversive acts. In short, he has been warned against expressing his opinion on how this country ought to be governed. Link

A Swazi journalist was attacked and cut with a knife by a man who was angry about something that had been written about him in a newspaper. Link

Swaziland police are accused of torturing and detaining two television reporters. The journalists, who work for Swaziland’s only independent television station Channel S, say they were arrested by police while they were following a story about a crime syndicate. Link

Journalists covering a traditional ceremony in Swaziland were harassed, banned and had their equipment confiscated by the police while trying to cover the event. Link

Swazi state police storm a workshop organised for media personnel by the Media Institute of Southern Africa (MISA) and threatened to disrupt it if they were not allowed to monitor it. Link

Freedom advocates ARTICLE 19 report serious concerns about the way the Swazi Government is restricting freedom of expression in Swaziland following the introduction of the Suppression of Terrorism Act. It says Swazi journalists, political activists and human rights defenders have apparently become persona non-grata, battered and/or arrested. Link

People in Swaziland are banned from talking about King Mswati III and the war he has declared against his own people. Jim Gama, who is known as the ‘traditional’ prime minister and has more influence over Swaziland than the real PM, issued an edict to say that the king’s subjects must not refer to the king’s speech ever again. The speech in question was made when King Mswati III illegally-appointed Barnabas Dlamini as prime minister. Introducing Dlamini to his subjects, the king told Dlamini to get the terrorists and all who support them. Link

Reporters Without Borders condemns the Swazi attorney general’s ‘threatening remarks to journalists on 17 November 2008. He said journalists who criticise the government could be arrested under a new anti-terrorism law that has just been used to crack down on opposition groups.’ Link

Swaziland’s attorney general, Majahenkhaba Dlamini, tells journalists, ‘If you appear to be supporting terrorists in your reporting, woe unto you.’ He says journalists who are critical of the government ‘would be viewed as supporting “terrorists” and arrested’. Link

Swazi government officials heavily censored journalists as they prepared to interview King Mswati III on his return from a trip abroad. Journalists were told what to ask and that each journalist would be allowed only one question. This came amid anticipation that the king was going to be asked about government's extravagant spending on the country's 40/40 celebrations held in September 2008. Link 1 Link 2 Link 3

More than 90 percent of people in the kingdom say they want the state-controlled monopoly of radio in Swaziland abolished. They want to have radio stations that are independent of government, but under the control of ordinary people. They also want radio to present impartial news and not concentrate on news about the Swazi Government or King Mswati III. Link

Research published by the Media Institute of Southern Africa into censorship and self-censorship of the media in Swaziland concludes that according to journalists and editors the biggest problem with censorship in Swaziland was the position taken by King Mswati III. Journalists are afraid to upset him for fear of retribution. Link 1 Link 2

Journalists in Swaziland were illegally stopped from reporting on the kingdom’s national election. News emerged of widespread intimidation and harassment of reporters as they tried to cover the election registration process that ended in July 2008. Link

Swaziland’s traditional prime minister Jim Gama calls for a Swazi journalist to face serious punishment or even death for writing an article that was ‘disrespectful’ to King Mswati III. He said the report about the financial cost to the kingdom of holding a three-day ‘people’s parliament’ had been ‘very disrespectful to royalty and the king’. Link

ARTICLE 19 AND SWAZI REPRESSION

STATEMENT FROM ARTICLE 19

Tuesday, November 25, 2008

Swaziland: Counter - terrorism not a pretext for repression

ARTICLE 19 is seriously concerned about the constricting environment the government of Swaziland is imposing on Freedom of Expression.

Under a controversial Suppression of Terrorism Act that has been passed by the Parliament in May 2008, Swazi journalists, political activists and human rights defenders have apparently become persona non-grata, battered and/or arrested.

The Swaziland Act is the latest in a series of anti-terrorism laws that have been enacted since the September 2001 attacks on the World Trade Center. Freedom of expression has been especially challenged by the adoption of these new laws which prohibit speech that is considered ‘extremist’ or supporting of terrorism.

Under the guise of the fight against terrorism, these new laws are used to suppress political and controversial speech. As recently as September [2008] at the 40-40 celebration, the Monarch’s 40th birthday and Swaziland’s 40 years of independence, King Mswati III promised his people better governance for economic renewal. ARTICLE 19 asserts that the restriction of free expression and pro-democracy activities of human rights defenders will hinder genuine economic progress.

‘Frankly, terrorism is a specious argument for repression of free expression in Swaziland. At issue in the recent crackdown are legitimate political grievances which, instead of being addressed through the democratic process, are demonized.’ said Dr. Agnes Callamard, Executive Director of ARTICLE19.

In recent weeks, political activities have been outlawed, marches and demonstrations have been banned, and television camera crews, journalists and political activists have been arrested on suspicion of making remarks in support of terrorism.

ARTICLE 19 strongly urges the government of Swaziland to reverse this course of action. Its resources would be much better used in strengthening democracy and the rule of law, and addressing Swaziland’s significant social challenges, including poverty and HIV/AIDS. “The serious imperative to fight terrorism and the use of violence against citizens must not be used as an excuse to repress dissent and undermine freedom of expression. On the contrary: the protection of human rights and freedom of expression are central to political and social change, democracy and development in Swaziland and anywhere else in the world” said Dr. Callamard.

Background:

ARTICLE 19 has noted with increasing concern the multiplication all over the world of restrictions on freedom of expression, or attempted restrictions, justified on the grounds of national security.

These restrictions have included: the development of anti-terrorist laws, which are too often vague and overly broad, leaving them open to interpretation and potential abuses; the use of Official Secrets Acts to deny access to publicly held information, including information of vital public interest, such as whether or not Al Jazeera was considered as a potential military target during the recent Iraq war; etc. All of these situations have one thing in common: the desire to bury or silence controversial voices that authorities deem to pose a potential threat to security.

A recent report published by the Council of Europe has clearly shown that the use of anti-terrorism to curtail freedom of expression is also a European problem. Nations around the globe have adopted new anti-terrorism legislation or revised old laws in response to the attack on 11 September 2001. Most of these laws or revisions have expended the powers of governments to fight terrorism and other crime. Controls on these powers are often insufficient.

For instance, new laws designed to protection national security from terrorism and other threats limit journalists’ ability to access information. There have also been increased procedural powers to obtain information through surveillance, searches, demands for disclosure and other means. At the same time, the laws are used to prosecute journalists for obtaining information from sources and justify surveillance to identify the sources so that journalists can be prosecuted under secrets acts for violating their duties to keep information secret. Too often, these are used for political rather than public safety reasons.

In 1995, international experts around the world adopted the Johannesburg Principles which set out standards on the extent to which governments may legitimately withhold information from the public and prohibit expression for reasons of national security. Amongst other things, they provide that a restriction is not legitimate unless its purpose and effect is to “protect a country’s existence or its territorial integrity against the use or threat of force, or its capacity to respond to the use or threat of force” from either an internal or an external threat. The Johannesburg Principles also identify a number of illegitimate grounds for claiming a national security interest, such as protecting the government from embarrassment or entrenching a particular ideology. These are clearly not national security interests but, at the same time, countries around the world continue to use and abuse these reasons.

ARTICLE 19 calls upon governments around the world to implement the Johannesburg principles.

FURTHER INFORMATION:

· For more information: please contact Cece Fadope, ARTICLE19: Africa Programme:

cece@article19.org +44 20 7278 9292.

· For a copy of the Johannesburg Principles, please click here:



· For a copy of the Council of Europe’s report “Speaking of Terror”, please click here:

ARTICLE 19 is an independent human rights organisation that works around the world to protect and promote the right to freedom of expression.

ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ

Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660

Web: www.article19.org / Email: info@article19.org

Link http://newsfreedomofexpression.blogspot.com/2008/11/swaziland-counter-terrorism-not-pretext.html