IN THIS ROUNDUP....
- Drop charges against journalists: GPU
- IPI concern at efforts to censor Gambian media
- GPU raise concerns at failing press freedom in Gambia
- Gambia: Public reacts to closure of media
- Reopen Taranga FM: Hon. Magassy
- British parliament sit on Gambia
- MFWA Protests the inexplicable charges preferred against two journalists in The Gambia
Press Statement: MFWA Protests the inexplicable charges preferred against two journalists in The Gambia
September 27, 2012
The Media Foundation for West Africa
(MFWA), a freedom of expression and media rights organisation based in Accra,
Ghana, is concerned and dismayed about recent criminal charges against two
journalists in The Gambia; after they were detained for seeking Police permit
to peacefully demonstrate.
The MFWA learnt from its sources that two separate
charges were preferred against the two journalists, Boubacarr Ceesay, first
vice president of the Gambian Press Union (GPU) and Abubacarr Saidykhan, a
freelance journalist on September 21, 2012 after they reported to the police
headquarters in Banjul as their bail condition requires.
The two were arrested on September 6, 2012 and spent
four days in detention.
On September 10, they were charged with “conspiracy to
commit felony” and released on a bail bond of 250,000 Gambian Dalasis (about
US$8,330) each, with one Gambian surety.
However, according to the sources, Ceesay now faces an
additional charge of “seditious publication” for an article the Police claim he
published on Kenya-based Africa Review website.
Saidykhan. On the other hand received an additional
charge of “inciting violence” under section 59 (b) of the criminal code.
Both journalists now face two separate criminal
charges and are yet to appear before a Court of law.
The MFWA heightens its call on the Gambian authorities
to drop these charges, since Section 25 (1d) of the Gambian
Constitution guarantees the right to peaceful demonstration; “freedom to
assemble and demonstrate peaceably and without arms”
We further
believe that by seeking police authorisation, the journalists demonstrated
their respect and faith in the authorities and their preparedness to uphold the
principle of non-violence.
We thus,
request the Gambian Police to stop this wavering and exonerate the journalists
of all charges, since all facts prove they acted in the confines of Gambian
laws.
The MFWA calls on all individuals, partners,
organisations and bodies to reproduce, comment on and publish this document on
your websites, newspaper publications, blogging sites, face book pages,
twitter, and all other platforms to increase awareness and alert The Gambian
authorities to;
·
Acknowledge that, by applying for a police permit to peacefully demonstrate,
the journalists acted in the confines of the law;
·
Uphold and ensure the right to freedom of expression, protect and safeguard all
citizens including human rights activists and media personnel;
·
Respect the Constitution of The Gambia, specifically, Section 25 (1d) which
entrenches the right to peaceful demonstration; freedom to assemble and
demonstrate peaceably and without arms;
·
Act in accordance with all international human rights laws and treaties that
The Gambia has ratified.
Issued by the MFWA, Accra on
September 27, 2012
The MFWA is a regional independent,
non-profit, non-governmental organization based in Accra. It was founded in
1997 to defend and promote the rights and freedom of the media and all forms of
expression.
Drop charges
against journalists: GPU
The Gambia Press Union (GPU) has called on the
Gambia Government to immediately drop charges against journalists, Babucarr
Ceesay, GPU 1st vice president and Abubacarr Saidykhan, a
freelancer.
Ceesay is now facing three charges of “Incitement to
violence, conspiracy to commit felony, and seditious intention” while Saidykhan
faces two charges of “Incitement to violence and conspiracy to commit felony.”
The charges brought against the two by the Interpol
Unit of the Gambia police force, stem from a letter of request addressed to the
Inspector General of Police, asking for a permit to demonstrate peacefully
against the August execution of nine death row inmates by the
Jammeh-government.
On September 24, the GPU called on the Gambian authorities
to drop the charges against the two journalists who were arrested on September 6,
2012 and released on bail on September 10, 2012 after they had been charged
with incitement of violence and conspiracy to commit felony.
The GPU said it wishes to bring to the attention of
the authorities that the right to peaceful demonstration is enshrined under
Section 25 sub-section 1 (d) of the Second Republican Constitution and it
states “Every person shall have the right to freedom to assemble and demonstrate
peaceably and without arms.”
It further state that the right to free expression
is an inviolable right enshrined under 25 sub-section 1 (a) of the Second
Republican Constitution, which states “Every
person shall have the right to freedom of speech and
expression, which shall, include freedom of the press and other media.”
“Therefore
it is our view that the duo has not acted outside the limits of the
Constitutional Provisions cited earlier, nor have they flouted the Public Order
Act as well,” the GPU said. “It is our view that by applying for a permit to
hold a peaceful demonstration, they do not only want to express their views,
but that they want to do it within the confines of the law.”
It reminded the police that the office of the Inspector
General of Police is mandated by law to use its discretion in granting or
disapproving an application for a permit. If in the case of the duo, the Police
feel that based on genuine reasons; they cannot grant their application for a
permit, then they are at liberty to turn it down.
However, the GPU stressed: “If the Police proceed to
arrest and proffer charges against the duo for merely applying for a permit to
allow them to express their views within the confines of the law, it means the
action of the duo is being criminalized and this would be at variance with the
principles of democracy.”
The Police Force is made up of honourable men and
women and as such they should continue rendering good services to humanity, it
added. It is in the interest of national reconciliation, human rights,
democracy and the rule of law that the Police drop the charge against the duo.
“The State has nothing to lose by dropping the
charge against the duo, whereas charging the duo to court would give the
impression that The Gambia which is known as the “Smiling Coast” brooks no
dissent,” it concluded.
On Saturday, one of the accused, Saidykhan told The
Voice: “In my opinion, it is trite law that justice delayed is justice denied.
Justice must not only be done but must be seen to be done.”
IPI concern at
efforts to censor Gambian media
“We are very concerned at another apparent effort to
censor the Gambian media,” International Press Institute (IPI) Press Freedom
Manager Barbara Trionfi has said. “We hope that this issue is swiftly resolved
so that The Daily News and The Standard newspapers can resume publication.”
Two Gambian newspapers received orders on September
14, 2012 to immediately cease operations, according to local journalists, in
what is apparently the second attempt within a month to censor Gambian media.
That Friday, Sep. 14, three plainclothes officers
from the National Intelligence Agency visited the offices of The Daily News and
The Standard and told them to immediately cease operations, an order that the
agents said had come from the office of Gambian President Yahya Jammeh, local journalists
told IPI.
Saikou Jammeh, chief editor of The Daily News, and
Sheriff Bojang, chief editor of The Standard, told IPI that their papers have
temporarily ceased publication until they learn more about the apparent order.
According to Jammeh and Bojang, while the men who visited their offices were
known NIA officers, they neither showed identification nor provided any written
order for closure.
Jammeh told IPI that, as far as he knows, there are
only two legal ways to shut down a newspaper in The Gambia – either with a
court order, or on specific police instructions, for example if the newspaper’s
office was the scene of a crime that is under investigation.
Bojang was similarly unclear about the nature of the
order to close his paper.
“It was on Friday; we were having some training
course at our offices in Bakau, which is about 10 kilometres from Banjul,” he
told IPI. “Three gentlemen came and said they were from the office of the
President and said we should cease with immediate effect.”
Bojang said he asked the men why they should stop,
and for how long they should stop, but was told to “find out from the office of
the president.”
The newspapers are currently trying to find out more
information about the order.
The Daily News is published three days a week, while
The Standard is a daily paper. Both privately-owned English-language newspapers
have covered sensitive political issues, including the recent execution of nine
death row inmates in The Gambia.
“President Jammeh was heavily criticized by
international rights groups for the executions,” IPI noted.
It was not immediately clear whether the apparent
orders to stop the newspapers were the result of any one issue.
“I don’t think there is any immediate trigger,
although the whole of last week we’ve been running pretty typical although also
balanced opinion on the execution of the nine death row inmates,” Bojang said.
“Some were very critical. […] But of course we had people from the government
side as well, so we thought it was balanced coverage."
“Ever since they executed those nine people, [the
two newspapers] have a lot of people to speak on this issue both locally and
internationally,” Jammeh said.
“This is the second time in a month that the Gambian
authorities have censored the media,” IPI said, noting “In August, Taranga FM
was shut down after it was warned to stop a program that translated newspaper
reports into local languages. It remains
off the air.”
GPU raise concerns at failing press freedom in Gambia
The main journalists’ body, the
Gambian Press Union (GPU) have raised concerns over what it called
“deteriorating media freedom” in the Gambia.
The Union’s statement of September 26
followed the recent closure of two leading privately-owned newspapers, The
Standard and The Daily News. The daily and tri-weekly papers were ordered to
cease operation on September 14 by three men in plain cloth who claim to be
state agents. They said, according to the two newspapers, that the order to
close the papers comes from President Jammeh’s office.
The GPU called on the government to
reverse the closing down of two newspapers.
“The media play a crucial role in not
only nurturing the ideals of democracy and human rights, but also give voice to
the voiceless,” the GPU said, while recognising the contributions by the two
papers in promoting democracy in the country by providing a platform for both
the government and the opposition.
Both The Standard and The Daily News have stop
publishing since, but it is not clear why they were targeted. The decision to
censure the papers followed a heated debate within and without the tiny West
African country on the August execution of nine death row inmates, which the
papers reported extensively.
Last month, an independent community
radio, Taranga FM, situated in the Kombo North District of the West Coast
Region, was shut down upon orders said to have come from the President’s office.
Currently, journalists, Babucarr
Ceesay and Abubacarr Saidykhan are facing charges which include “incitement to
violence, conspiracy to commit felony, and seditious publication”. The charges
stem from a letter of request for a permit to hold peaceful demonstration
against the Government’s execution of nine death row inmates by firing squad.
Ceesay, a 1st vice
president of the GPU and a correspondent of the Africa Review, an online
publication owned by the Nairobi-based media group, Nations Media, and
Saidykhan, a freelance journalist, have seen their charges increasing by the
day since their release from detention on September 10.
The Gambia Press Union (GPU) has called on the
Gambia Government to immediately drop charges against the two journalists,
citing sections of the 1997 constitution of the Gambia which guarantees freedom to assemble, demonstrate peaceably
and freedom of expression and of the press.
Gambia: Public reacts
to closure of media
Sulayman Ceesay, The Voice Newspaper
The two publications confirmed recently that on
September 14, three men who claim to be state security agents stormed their
offices and asked them to cease operations immediately. Orders, claimed to be
from the Gambian President Yahya Jammeh’s Office, State House.
Last month a similar raid at a privately-owned
independent radio station, Taranga FM forced it to close down on August 15,
2012. There was no court order and no explanations were given in all three
cases.
As The Voice newspaper reports, some Gambians
sympathetic to the media in the country express concerns at the recent censure
of two of the leading privately-owned newspapers, The Daily News, a tri-weekly
publication and The Standard, a daily publication.
“Information is very vital in our daily lives and it
help us to act intelligently, so if those mouths giving us information that we can
act upon are closed, it will affect our daily lives,” 63 year-old Mr. Lamin
Saine said on Tuesday September 25, 2012.
Mr. Saine, a resident of Bundung, is fan of The
Daily News. “I read it frequently. The Daily News is the paper that can satisfy
my thirst for news, hence I am a good follower of the paper,” he said.
“The closure of these newspapers came to me as a
surprise, especially that of The Daily News because I did not see anything that
they’ve published that will compel the government or authorities to close
them,” he stressed.
He said the closure of these newspapers affected
many people who rely on them for information.
“I did not see any newspaper that is pro or anti
government, they all give news, but their way of giving news is different, they
all have the same intention that is contributing to the socio-economic
development of our country,” the retired teacher said.
He called on the
authorities concerned to allow the censored media houses to resume operation.
He also urge journalists to continue being responsible in their duties of
informing and educating the public.
Mr. Sainey Camara, a student of the Management
Development Institute (MDI) and a resident of Banjuliding, said Gambian
authorities should distance themselves from such acts.
“It is giving a bad name to the country in the world,”
he said.
“Newspapers play a very important role in the
development of any country and they also act as the mediator between the
government and the people. People rely on media to know what our government is
doing or wants to do,” he said. “I believe that without newspapers or media, there
can be no genuine development in the any country. I call on the authorities to
respect the public’s right to information.”
For Dawda Saidy, a G4S private security officer says
closing media houses without any reason is wrong, but believes these media houses
must have done something that compelled the authorities to ask them to stop operation.
“For the past two weeks, there were many talks or
reports in the media about the recent execution, maybe they wrote something
that did not go down well with the authorities,” he opined.
Similar comments were made by a lady, going by the
name Jabou Jobe, a civil servant. She believes Gambian authorities will not
close media houses without reasons.
“There must be a reason. That is why they were asked
to make inquiries to the office of the president, and if they do they will know
why,” she said.
She said the
importance of the media in the country is undisputed, but argues people working
in this sector need to be responsible, writing negative things about your
government will not do any good.
“We should not focus on the negative side only,
there are positive sides too, there are many development projects going on in
the country. Why not we highlight these things on our papers,” she asked.
The law did not say these media houses should be
closed, it deny people receiving information in different ways and from
different sources, argued Mr. Malang Darboe, a Tabokoto-resident businessman.
“How can you just wake up one day and close media
houses like that without any reason. I think there should be a legal
procedure,” he said while urging the authorities to respect the laws and allow
the media houses to resume operations.
Reopen Taranga
FM: Hon. Magassy
By Bakary Ceesay, The Voice Newspaper
Hon. Muhammed Magassy, an independent National
Assembly Member for Basse Constituency on Wednesday called on the authority
concerned to reopen Taranga FM radio station.
The Sinchu Alagie-Kombo North-based community radio
situated in the West Coast Region was forced to shut down on August 15, 2012
after state agents stormed its offices and give what they called “the final
order for the radio to cease operation”.
During a September 26, 2012 adjournment debate of
the 3rd legislative session of the National Assembly, Hon. Magassy
looks at the important role played by the FM station and suggests the
Government should allow it to resume operation.
“Taranga FM radio
station plays a vital role in the country by informing and sensitizing the
uneducated Gambians who cannot read newspapers by reviewing it for them,” he
said.
No reasons were advanced as to why the radio was
forced to close. However, the Basse parliamentarian thinks if they do any wrong
the authority concerned should call on the management of the radio to address
it and allow the radio to continue normal broadcast.
“We need the media to inform, educate and entertain
the citizens, but as at now the situation of media in the country is not
smooth,” he said.
Magassy also raises converns over the fate of two
staff of Taranga FM who are being sponsored currently studying at the
University of the Gambia.
“The continuous closure of the station will affect
their studies,” Magassy who won the ruling party’s all-time favourite, Hon.
Sellu Baldeh in March’s parliamentary polls said. “I urge the authorities to
re-open the station for the benefit of Gambians who cannot read and are
depending on the station for their source of information.”
Kujabi disagreed
However, Hon. Matarr Kujabi, member for Foni Bondali
disagreed. He thank the government for closing Taranga FM, saying media houses
are aimed at “informing, educating and entertaining but not to incite
violence.”
“There is a need for the closure of Taranga FM
because the ways they operate are baseless and make unfounded allegations
against people,” he claim.
However, the Speaker of the National Assembly Hon.
Abdoulie Bojang said it has not been independently verified whether the closure
of the station is from the authorities.
Hon. Pa Malick Ceesay, member for Lower Saloum, is
of the view that those talking about Taranga FM have not made actual findings
about the matter.
“We all listen to Taranga FM and media houses should
be allowed to provide sanity but not to relay insults which will be detrimental
to us,” he argued.
But Hon. Samba Cham, member for Central Baddibou knows
journalism is crucial to national development. He said in journalism, there
must be a professional code of conduct guiding practicing journalists.
He noted that Taranga FM has a valid license to
operate but believes there must be a reason for their closure.
British
parliament sit on Gambia
On its 13th Session in 2012 and its 2nd
session on Gambia’s human rights situation, the British parliament said it is
“deeply disturbed by the recent escalation of human rights violations in The
Gambia.”
The session, titled: “Human Rights in The Gambia
(No.2)” was tabled on September 13 and its primary sponsor Clark, Katy.
During
the session, the house notes with concern that two Gambian
journalists, Babucarr Ceesay and Abubacarr Saidykhan, were arrested after
requesting permission to demonstrate as required by Gambian law.
The British parliament stressed it is “very
concerned by the continued unlawful arrests, harassment and detention of
journalists and activists who are seen as opponents of the Gambian government.”
They further
note that there have been recent occurrences as reported by Amnesty
International where nine prisoners, including one woman, were executed by
firing squad;
“Is deeply troubled by reports of the Gambian
government's national address on the Muslim festival of Eid saying that it
would execute all prisoners on death row within the next calendar month;
“Is aware that these 38 prisoners are perceived to
be opponents of the Gambian government and have been convicted of treason; is
extremely concerned for the safety of those Gambians who are seen as opponents
of the Gambian government;
“And calls on the Government to raise urgently the
case of human rights with the Gambian government as well as looking for
opportunities to safeguard the human rights of Gambian nationals including
prisoners as set out in the UN Standard Minimum Rules for the Treatment of
Prisoners,” the British parliament agreed.
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