One unresolved
murder, one disappeared, two media houses reopened, one remain closed, several
arrests and detentions, four exiled, two on trial and more draconian media laws
Press freedom and freedom of expression, fundamental
human rights, remains a challenge in The Gambia. At year’s end (2013) the
situation is increasingly becoming worrisome not only because of the usual
arrest, detention and closure of media houses but also the enactment of new stiff
laws that observers say furthers the crackdown on journalists and also muzzle
free expression.
As usual, 2013 also
ended on a year low, topped by the yet-to-be-resolve murder of journalist Deyda
Hydara. Again, The Gambia Press Union demanded from the government an investigation
into his killing. “Failure to bring the
perpetrators of this heinous crime to book will only entrench a culture of
impunity in our society, which is inimical to democracy,” the GPU said on Dec
16, nine years since the killing. Deyda, a co-proprietor and managing editor of
the privately-owned The Point Newspaper,
was killed in a drive-by shooting by unknown gunmen on Dec 16, 2004. While his
killers are yet to be apprehended, the GPU described his assassination as “gruesome
and nefarious.”
On December 31, the ban on Taranga FM and The Standard newspaper was lifted by President Yahya Jammeh who
ordered for their closure in August and September 2012. However, The Daily News which was shut along with
the two remains closed.
On November
14, a messenger of the
Foroyaa newspaper, Mass Kah, was detained at the Serekunda police station and
moved to Kotu police station for allegedly 'insulting' President Jammeh.
Initial news reports quoted the Spokesperson of the Police, Assistant Superintendent David Kujabi as saying: "People
should be mindful of their utterances because of the laws in place. No one is
an exception as far as these laws are in place." The police have since brought a charge
of sedition against Mr Kah, which he denied.
In October, Broadcast journalist and host of the popular TV talk show ‘Fatu Show’
Fatou Camara was released from detention after 25 days. She was held
incommunicado from September 15 on allegations of sedition. She was
subsequently charged with "spreading false news on the internet” and
accused of trying to tarnish the president’s image. Ms Camara, who was likely
to face a 15-year jail term upon conviction under the new internet law, fled
the country after she was granted bail and now lives in the United States.
As of August and September 2013, three media houses remained closed. On August 12, 2012 the NIA
arbitrarily shutdown Taranga FM, a privately-owned community radio at Sinchu
Alhagi, Kombo North District. The FM was broadcasting in the local languages Xibari Besbi (news of the day) to
majority of uneducated Gambians. On September 14, 2012 privately-owned
newspapers, The Daily News and The Standard were ordered to close-down after
they provided independent and divergent news coverage of the execution of nine
death row prisoners in August that year.
On August 12, Senegalese
authorities “threatened” to expel Gambian freelance journalist Abubacarr
Saidykhan. The authorities threatened to expel Mr Saidykhan, if he continues to
be opposed to the Gambian regime, according to reports. Saidykhan has been
living in Dakar in self-imposed exile since fleeing The Gambia in October 2012
over reported “death threats” levelled against him by unidentified men believed
to be state security agents.
On July 7, the European Union (EU) Delegation to The Gambia
called for a swift enquiry into the disappearance of Gambian journalist, Ebrima
B. Manneh “Chief”, who went missing seven years ago. The whereabouts of Manneh,
a reporter of the Daily Observer newspaper, remained unknown since 2006. “His
disappearance has now transcended press freedom matters, it is both a national
and a universal human right concern,” the EU said.
On July 4, the Young Journalists Association of The Gambia
(YJAG) called on The Government of The Gambia, whose mandate it is to protect
lives and properties of all citizens, to try to launch an investigation into
the whereabouts of missing journalist Assan Sallah. YJAG said it was deeply
concerned over the safety and security of its former President who was also a
News Editor at the Daily Observer Newspaper. Mr Sallah, who reportedly went
missing on June 26, is now believed to be living in Senegal. His abrupt fleeing
of the country has been linked to his job at the Observer, however, nothing
have been heard of him since.
"... YJAG is also
calling on his employer the Daily Observer Company Ltd (where he was last seen
by his colleagues) to endeavour to bring to light Sallah’s ordeal, and to
clarify reports of his purported ‘imminent
sacking’”, it added
On July 3, the National Assembly
passed the Information and Communication (amendment) Act 2013. The Act criminalises whoever spreads “false news”
about the government or public officials on the internet, caricatures or makes
derogatory statements against public officials, and incites dissatisfaction or
instigates violence against the government. The offences are punishable by a
15-year jail term or a fine of three million Dalasi (around 63,250 Euros) or
both.
Rights
groups said the ‘new Internet law’ which was presided over by former
Information Minister Nana Grey-Johnson, a veteran journalist, furthers
crackdown on free expression and forms part of a pattern of intimidation and
harassment of human rights defenders, journalists, lawyers and government critics.
On May 10, after more
than five months in detention, Imam Baba Leigh was released by the State. The
activist Imam, who was held incommunicado, was picked up by the country’s spy
agency, the National Intelligence Agency (NIA), on December 3, 2012.
The government had
earlier denied holding Imam Leigh whose ordeal emanated from criticising the government
over the killing by firing squad of nine death row prisoners in August 2012. He
later went on to win the maiden pan-African Human Rights Defenders Award in
October 2013.
On
world press freedom day, May 3, Mr Grey-Johnson accused Gambian media
of “reporting negatively” about the country, which according to him is driving
away investors. He told journalists “it is safe to speak, [but] it is not to misspeak”
while speaking on the topic “Safe to Speak: Securing
Freedom of Expression in All Media.”
On April 19, The
Gambia’s Public Utilities Regulatory
Authority, PURA, banned companies and individual Internet Cafe operators
from “offering dating services and Voice over Internet Protocol (VoIP) services
as a commercially available service” to Gambians.
“PURA wishes to make it abundantly clear that the offering of “International and National Calling Services” within Internet Cafes using VoIP services (Viber, Skype, etc) is strictly prohibited,” it said. ARTICLE 19 described the ban as a “new attack” on free expression and called for its immediate repeal.
“PURA wishes to make it abundantly clear that the offering of “International and National Calling Services” within Internet Cafes using VoIP services (Viber, Skype, etc) is strictly prohibited,” it said. ARTICLE 19 described the ban as a “new attack” on free expression and called for its immediate repeal.
On April 16, the National
Assembly adopted amendments to several provisions of the country’s Criminal
Code, including, section 114 which prohibits “giving false information to
public servants”. The amendment allow courts to impose a prison sentence of up
to five years or a fine of up to 50,000 Gambian Dalasi (about US $1,650) for an
offence that was previously punishable with 6 months imprisonment or 500 Dalasi
(about USD17). Section 167 which prohibits disturbing “the peace by quarrelling or
attempting to quarrel or by using any insolent, scurrilous or abusive term of
reproach” was amended and now offenders face either a fine of up to 25,000
Dalasi or a five year jail sentence or both.
On April 11, Commissioner
Adv. Pansy Tlakula, the Special Rapporteur on Freedom of Expression and Access
to Information in Africa, revealed that on March 28, she transmitted a letter
of Appeal to President Jammeh addressing allegations on violations of the right
to free expression and access to information of three journalists: Abdoulie
John, Baboucar Ceeay and Fabakary Ceesay. Mr John and Baboucarr Ceesay were
arrested and detained in the course of carrying out their duties as
journalists, and their travel documents confiscated, she said. While Fabakary
Ceesay who investigated disappearances and detention without trial fled the
country over reports of his imminent arrest.
On March 11, the NIA
released journalist, Baboucarr Ceesay who was arrested and detained for the
second time in six months on March 8. Ceesay, a first vice president of the
GPU, has not been charged but his passport is still held.
On February 8, Alagie Jobe,
a deputy editor-in-chief of the pro-government Daily Observer, was arrested and
detained. He was charged with multiple counts including sedition on March 12.
He has since denied all charges and has been denied bail three times. He alleges
that he was tortured while under detention at the NIA, allegations dismissed by
the court. The charges emanated from a purported story about an alleged
fugitive soldier. His trial is still going on.
On January 14, Associated
Press stringer Abdoulie John was released after been illegally detained beyond
the legal limit of 72 hours by the NIA. Mr. John was detained at NIA
headquarters in Banjul from Jan. 7-10 after he reported to the agency as part
of a weekly routine that began on Dec. 10, 2012. John was first arrested on
Sunday 9 December 2012 and detained overnight after a confrontation with
President Jammeh's personal photographer Sulayman Gassama. His laptop computer
was seized and later returned. No charges have been brought against him.
On Jan 3, Daily Observer managing
director Pa Malick Faye was sacked. Media reports linked Faye’s sacking to a
story captioned “The Execution was
hypocritically blown out of proportion”, a story published on the midweek
edition (Jan. 2) of the Daily Observer based on a New Year’s Eve message of President
Jammeh.
Compiled and
written by Modou S. Joof & Mafugi Ceesay for the Serekunda-based privately-owned
The Voice newspaper where a version of this report first appeared on December
30, 2013
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