Sri Lanka: Journalists Still Under Threat

28 October 2009

Sri Lanka: Journalists Still Under Threat, Even As Conflict Ends

ARTICLE 19 is concerned that Sri Lankan journalists remain under threat, despite the official ending of the country’s decades-long civil conflict in May this year. Two editors from the Sri Lankan newspaper The Sunday Leader, Frederica Jansz and Munza Mushataq, are the latest to receive death threats, handwritten in red ink and delivered on 22 October.

The death threats arrived after the paper published a report on video footage allegedly showing Sri Lankan government soldiers executing Tamil prisoners. The footage, which was broadcast in the UK on Channel Four news, was deemed inauthentic by the government. However, The Sunday Leader ran a technical report from the USA stating that it had not been faked.

The Sunday Leader’s previous editor, Lasantha Wickrematunge was assassinated in January this year, three weeks after receiving a similar letter. After his death, The Sunday Leader published a posthumous editorial by Wickrematunge in which he blamed the Sri Lankan Government for attacks on journalists. He wrote: “Electronic and print media institutions have been burnt, bombed, sealed and coerced. Countless journalists have been harassed, threatened and killed. It has been my honour to belong to all those categories and now especially the last.”

The Sunday Leader’s managing editor Lal Wickrematunge told ARTICLE 19 today that they have lodged an official complaint and written to President Mahinda Rajapaksa this morning.

Journalist and former Convener of the Sri Lankan Free Media Movement Uvindu Kurukulasuriya comments: “The Sri Lankan government has failed to investigate the murder of Lasantha and bring his killers to justice and now there are the same death threats against his successors.”

ARTICLE 19 calls on the Sri Lankan government to immediately investigate the death threats against The Sunday Leader editor-in-chief Frederica Jansz and news editor Munza Mushataq, and to ensure the safety of both women.

“It is completely unacceptable to subject journalists and editors to the kind of violence and harassment that has become so commonplace in Sri Lanka,” comments Dr Agnès Callamard, ARTICLE 19 Executive Director. “The Sri Lankan government must take responsibility for the safety of working journalists and must ensure that the country’s commitment to the rule of international and domestic law is upheld.”

NOTES

• For more information please contact: Oliver Spencer, oliver@article19.org, +44 20 7324 2500

Russia: UN Human Rights Committee on Free Expression

2 November 2009

Russia: Government Must Respect Recommendations of UN Human Rights Committee on Free Expression

ARTICLE 19 welcomes recommendations by the United Nations Human Rights Committee (the Committee) in its concluding observations on the Russian Federation’s implementation of the International Covenant on Civil and Political Rights (the ICCPR). At the same time, ARTICLE 19 urges the Russian Government to take immediate steps to implement these recommendations, in particular those related to freedom of expression.

ARTICLE 19 submitted a shadow report for the 97th session of the Committee from 12- 30 October 2009 in Geneva that provided detailed evidence of a range of abuses of the right to freedom of expression in Russia.

In the Concluding Observations issued on 29 October 2009, the Committee expressed its concern “at the alarming incidence of threats, violent assaults and murders of journalists and human rights defenders, which has created a climate of fear and a chilling effect on the media, including for those working in the North Caucasus, and regrets the lack of effective measures taken to protect the right to life and security of these persons.” These concerns are similar to those of ARTICLE 19 in the shadow report.

Likewise, the Committee also recommended an amendment to the Criminal Code, in order to reflect the principle that public figures should tolerate a greater degree of criticism than ordinary citizens, and to decriminalise defamation, making it a civil matter with a cap on potential damages.

“These recommendations are particularly relevant today as Yuri Orlov, head of the Moscow-based human rights organisation Memorial, currently faces charges of criminal defamation,” says Dr Agnès Callamard, Executive Director of ARTICLE 19. “ARTICLE 19 wants defamation to be decriminalised worldwide because it has such a chilling effect on freedom of expression,” continues Callamard.

In addition, the Committee also reiterated previous recommendation to revise the Federal Law on Combating Extremist Activity, making the definition of "extremist activity" more precise and excluding any possibility of arbitrary application. ARTICLE 19 had expressed concerns that anti-extremist legislation had been used to suppress independent and critical viewpoints, especially with regard to definitions of “extremist literature” and “social groups” accused of inciting hatred in Russia.

When determining whether written materials constitute “extremist literature”, the Committee recommended that the government ensure that the experts giving evidence in court cases must be independent and that defendants in such cases must be able to offer counter-expertise. The Committee also found that the loose definition of “social groups” was open to interpretation by courts in a manner that afforded protection to state organs and agents.

ARTICLE 19 noted several cases from around Russia where law enforcement agencies, state prosecution officials and the military were recognised as “social groups” by experts and the courts, and subsequently effectively protected from public criticism or scrutiny under anti-extremism and hate speech laws. This practice clearly illustrates a tendency to use legislation to silence criticism of powerful state actors.

The Human Rights Committee has issued a clear call to the Russian Federation to make urgent changes to its domestic laws and practice, in order to bring the country fully in line with its obligations under the International Covenant on Civil and Political Rights. ARTICLE 19 endorses these recommendations, especially those that apply to the fundamental right to freedom of expression, and intends to continue monitoring the government’s implementation of these recommendations, along with all of the country’s freedom of expression obligations.

• For more information please contact: Nathalie Losekoot, Senior Programme Officer: Europe at Nathalie@article19.org or +44 20 7324 2500.
• For a copy of ARTICLE 19 shadow report, submitted to the Human Rights Committee as part of its preparation for the review of the sixth periodic report by the Russian Federation, see http://www.article19.org/pdfs/submissions/russia-written-comments-of-article-19-global-campaign-for-free-expression-co.pdf.
• For a copy of the Concluding observations of the Human Rights Committee on the sixth periodic report of the Russian Federation, see http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR.C.RUS.CO.6.doc (advanced version).

Five Years After Van Gogh's Murder, Free Speech Is Under Attack

by David J. Rusin • Nov 2, 2009 at 9:26

http://www.islamist-watch.org/blog/2009/11/five-years-after-van-goghs-murder-free-speech-is

On November 2, 2004, Dutch columnist, filmmaker, and all-around provocateur Theo van Gogh was shot and stabbed to death as he biked to work on an Amsterdam street. The killer, Mohammed Bouyeri, insisted that Islam "compels me to chop off the head of anyone who insults Allah and the prophet." He targeted the anti-Islam van Gogh because of his movie Submission, which graphically highlights Koranic verses often used to justify the mistreatment of women.

A half decade later, Islamists still answer free speech with violence. Two Chicago-area Muslims were charged last week with plotting attacks against those involved in publishing the Danish Muhammad cartoons. Shortly before that, Dutch MP Geert Wilders was welcomed to the UK by Islamist thugs who warned him — and everyone else — to "take lessons from people like Theo van Gogh," because "whoever insults the prophet, kill him."

Yet the greatest threat to free speech does not come from homegrown jihadists who wish to make examples of rabble-rousing Westerners. It arises from governments and related entities blinded by the fanciful notion that radicals will leave us alone if we only stop saying things that offend them. Some recent happenings:

• Last month the UN Human Rights Council passed yet another resolution — this time, with support from the U.S. and Europe — urging governments "to take all necessary measures" to combat "religious stereotyping" and "hatred." While noting a few improvements over previous years' text, law professor Eugene Volokh called it "a step backward" for the constitutional rights of Americans. The resolution will be considered in November by the General Assembly, where the Islamic bloc hopes to use it as a springboard for banning criticism of Islam and enacting global blasphemy statutes.

• Paul Belien reports that "if all goes as planned, the 27 member states of the European Union will soon have a common hate crime legislation, which will turn disapproval for Islamic practices … into crimes." The text names an "intimidating, hostile, degrading, humiliating, or offensive environment" as one (extremely subjective) facet of discrimination. No doubt Bouyeri would be pleased. It passed the European Parliament and will be debated by the Council of Ministers this month.

• Geert Wilders continues to serve as a lightning rod for those who wish to stifle Islam's critics. First, a court order was needed to convince the British government to let him set foot on UK soil last month. Second, Pennsylvania's Temple University, which accepts state funds, pressured students to cancel an October appearance by the legislator; they refused. Third, in what may be the trial of the century, at least in the Netherlands, Wilders is preparing to defend himself against speech crime charges; the start date is January 20.

Daniel Pipes referred to the van Gogh slaying as "education by murder," part of the "slow and painful way people wake up to the problem of radical Islam." Unfortunately, for many of our drowsy leaders, the only lessons learned are the wrong ones.

Florence Hartmann’s case

5 November 2009

ICTY: ARTICLE 19 Submits an Amicus Brief in Florence Hartmann’s case
ARTICLE 19 has today submitted an amicus curiae brief in the case of a French journalist, Florence Hartmann, who has been convicted of contempt of court by the International Criminal Tribunal for Former Yugoslavia (ICTY) for disclosing confidential information.
On 14 September 2009, a Specially Appointed Chamber of the ICTY found Hartmann guilty of disclosing the contents of two Appeals Chamber Decisions from the case against Serbian leader Slobodan Milošević in a book and an article.

These decisions granted confidential status to documents of the Serbian State’s Supreme Defence Council related to the 1995 Srebrenica massacre. The exact content of these documents has never been disclosed but they are reported to contain details of contact between the Serbian government and the Bosnian Serb army, which would establish a link between the government in Belgrade and war crimes such as those committed at Srebrenica. Hartmann had served for a number of years as spokesperson for the Chief Prosecutor for the ICTY.

The ICTY Specially Appointed Chamber found that Hartmann’s conduct could deter sovereign states from cooperating with the Tribunal where the provision of evidentiary material is concerned, and sentenced her to a fine of 7,000 Euros.

While recognising that the tensions between the principles of freedom of expression, and the need for some degree of confidentiality to protect the administration of justice, ARTICLE 19’s amicus brief maintains that the judgment of the Specially Appointed Chamber departs in significant ways from well-established principles of freedom of expression.

By referring to the international standards justifying restrictions on media freedom to safeguard the administration of justice, the amicus brief maintains that any conviction of contempt of court must be justified on the ground of necessity and proportionality. Accordingly, it states that freedom of expression can to be invoked to excuse an accused person’s conduct, even if valid orders have been breached.

The amicus brief claims that, in the circumstances, the restriction of Hartmann’s freedom of expression was unnecessary. ARTICLE 19 points out that the disclosures were a serious and well-informed contribution to a debate about international justice. They were made a long time after the Milosevic trial ended and concerned information which was already in the public domain. The amicus brief claims that the Specially Appointed Chamber failed to apply the proportionality test and to consider the potential chilling effect on freedom of expression of imposing criminal liability on journalists reporting on matters of public interest.


• For more information please contact: David Banisar, Senior Legal Consultant, Banisar@article19.org or +44 20 7324 2500.
• The full text of the amicus brief and the leave for amicus brief can be found at http://www.article19.org/pdfs/analysis/icty-amicus-brief-in-the-case-of-florence-hartmann.pdf.
• ARTICLE 19 appreciates the assistance of Guy Vassall-Adams, Barrister with Doughty Street Chambers, who is acting as counsel for ARTICLE 19 in this case.

Mexico: Calls for Immediate Investigation into Attacks as Ninth Journalist Murdered

ARTICLE 19 Calls for Immediate Investigation into Attacks as Ninth Journalist Murdered

ARTICLE 19 calls on the Mexican authorities to fully and immediately investigate the killing of journalist José Bladimir Antuna García, in the state capital of Durango in northern Mexico.

Garcia’s body was found on 2 November, some twelve hours after he had been abducted from the centre of Durango. He had two bullet wounds. According to a number of sources there was a sign left on the body which read, “This happened to me for giving information to the military and writing what I shouldn´t have. Check the texts of your articles well before publishing them. Yours faithfully, Bladimir."

Garcia was a reporter for a local newspaper called El Tiempo de Durango, where he worked as editor of the police section. He had apparently been subjected to threats for some time: his house had been attacked earlier this year and he had spoken openly of receiving a number of threats both to his cellular phone and at the newspaper offices. He had reported these threats to the State’s General Attorney’s Office but no measures seem to have been taken.

Garcia is the second journalist from this particular newspaper to have been killed this year and the third in Durango. In May, Eliseo Barron of the newspaper Milenio was abducted from his home in Durango and later found murdered. Earlier the same month, Carlos Ortega, of El Tiempo de Durango was shot dead in his car.

So far, nine journalists have been killed in Mexico this year, while eight remain missing and hundreds more have suffered threats or aggressions.

“The violence and deaths that have occurred in the north of the country in recent months, and particularly in the state of Durango, have resulted in a chilling effect on the fundamental right to freedom of expression, and more particularly press freedom,” comments Dario Ramirez, Director of ARTICLE 19 in Mexico. “Journalists living in fear for their safety are much more likely to censor themselves, being cautious about what they write and fearful of being critical.”

In an interview with ARTICLE 19, local journalist Antonio Meraz stated that: “The majority don’t want to get involved in topics related to the drug trafficking industry. For security reasons they have stopped writing about the situation.”

Mexico has an obligation under international law to protect freedom of expression. This means that the State has a duty to protect this fundamental human right, making sure that violations of free expression are swiftly and appropriately addressed through the courts.

According to a ruling by the Inter American Court of Human Rights, the Mexican State has an obligation to “prevent, investigate, and castigate” all violations of human rights that take place under its jurisdiction. Yet, out of the nine murders of journalists that ARTICLE 19 has recorded in 2009, a perpetrator has only been identified in one case so far.

ARTICLE19 calls on the Mexican authorities, and particularly the authorities of the State of Durango, to tackle the climate of impunity that is currently being allowed to prevail in cases of attacks against journalists. Only through the full realisation of the right to freedom of expression will the consolidation of democracy and a solution to the current violence and insecurity be possible.


• For more information please contact: Omar Rábago, ARTICLE 19 México and Central America Office, omar@article19.org, +52 55 10 54 65 00 ext 102

RSF INDEX HIGHLIGHTS DROP OF EUROPE AND ISRAEL IN RANKINGS

INTERNATIONAL: RSF INDEX HIGHLIGHTS DROP OF EUROPE AND ISRAEL IN
RANKINGS; ERITREA, NORTH KOREA AND TURKMENISTAN WORST PLACES FOR
JOURNALISTS.

Reporters Without Borders (RSF) released its latest press freedom index on 20 October, showing how European countries, Israel and Iran have all slid in the rankings. The index ranks the degree of press freedom throughout the world as well as efforts made by governments to protect journalists' rights.

Although the first 13 places are held by European countries, many have
fallen in the index: "It is disturbing to see European democracies such as
France, Italy and Slovakia fall steadily in the rankings year after year,"
RSF said. "Europe should be setting an example as regards civil liberties.
How can you condemn human rights violations abroad if you do not behave
irreproachably at home? The Obama effect, which has enabled the United
States to recover 16 places in the index, is not enough to reassure us."

The United States now ranks at 20 because President Barack Obama is "less hawkish" than his predecessor, says RSF. However, the U.S. also has an additional ranking at 108 specifically for its extraterritorial actions. Both the U.S. and Israel have rankings for their actions outside their own countries.

Israel's military offensive in the Gaza Strip has affected its ranking as it dropped 47 places to 93, falling behind several other countries in the region. Journalists have been illegally arrested and imprisoned. Israel received a second ranking at 150 for its extraterritorial actions. Around 20 journalists were injured by the Israeli military forces in the Gaza Strip and three were killed while covering the conflict.

The main threat in Europe comes from new legislation that compromises the work of journalists, says RSF. In Slovakia (44) the culture minister wields great influence over publications. In the Western world, Canada also dropped a few spots to 19.

Scandinavia comes out on top. Denmark, Finland, Ireland, Norway and Sweden
share first place as the five freest countries for the media.

In Iran, automatic prior censorship, state surveillance of journalists,
mistreatment, illegal arrests and imprisonment has now brought its ranking
close to the worst cluster of states for press freedom. It ranks 172,
followed by Turkmenistan (173), North Korea (174) and Eritrea (175). Burma
remains at the bottom, right behind Iran at 171. Laos, China and Vietnam
round out the cluster of Asian countries in the bottom ten.

In Sri Lanka (162), the state sentenced a journalist to 20 years in prison
while other journalists under threat are forced to flee the country, says
RSF. Pakistan came in at 159, "crippled" by murders of journalists caught
between the military and the insurgency. It shared a record with Somalia
for the world record of journalists killed during the RSF review period.

In Yemen (167) journalists continue to "pay for the government's
scorched-earth policies towards any form of separatism." A similar downward
trend has occurred in Syria (165). In Africa, violence takes the worst toll
in countries like Somalia (164) and Democratic Republic of Congo (146).

And in the Americas, Venezuela (124) is now among the region's worst press
freedom offenders, dropping down close to Colombia (126) and Mexico (tied
with Gambia at 137). Honduras comes in at 128 after the recent coup d'état.
Cuba, where RSF says "where press freedom is non-existent," holds a spot in
the bottom ten.

The index is drawn from a questionnaire completed by hundreds of
journalists and media experts around the world. Countries are given a
ranking and score based on press freedom violations from September 2008
through August 2009. It takes into consideration physical assault,
imprisonment and murder of journalists, as well as censorship, confiscation
of newspapers, harassment and the degree of impunity enjoyed by those
responsible for press freedom violations. It includes the measure of
self-censorship and the ability of media to investigate and challenge those
in power, among many more criteria.

More on the web:
- Press Freedom Index 2009 (RSF):
http://www.rsf.org/en-classement1003-2009.html

Turkey: Threats to Freedom of Expression in Turkey

16 October 2009

Turkey: ARTICLE 19 Concerned about Continuous Threats to Freedom of Expression in Turkey

Article 301 of the Turkish Criminal Code remains a dangerous tool to silence critical voices in Turkey, despite being amended in April 2008 and official reports that charges under this article have decreased this year.

ARTICLE 19 believes that the risk of prosecutions under Article 301 continues to pose a significant threat to freedom of expression in Turkey.

Article 301 makes it a crime to insult “Turkishness” as well as the Turkish Republic and its institutions, carrying sentences of up to four years. Since it came into force in 2005, more than 60 charges have been brought against journalists, intellectuals, academics and publishers. Some of these charges relate to published or spoken opinions questioning the official version of sensitive issues, such as the reality of the Armenian genocide during and after the First World War, or human rights abuses against Kurds in Turkey.

There have also been several high-profile prosecutions under this provision. The writer and Nobel laureate, Orhan Pamuk, was charged in 2005 after he made a statement to a Swiss magazine about the killings of Armenians and Kurds. Although the charges were later dropped, the case generated an international outcry, as well as rallies in Turkey to burn Pamuk’s books.

The journalist Hrant Dink was also prosecuted under Article 301 in 2006 and he received a six-month suspended sentence. Dink was later assassinated and his sentence was posthumously overturned in 2007 by the Appeal Court.

In April 2008, Article 301 was amended, following widespread national and international criticism. The amendment made it obligatory for the Minister of Justice to approve the filing of cases under Article 301.

At a Conference on Freedom of Expression held last week in Ankara, the Turkish authorities reported a significant decrease in prosecutions under Article 301 and attributed the drop to the 2008 legislative reform. According to statistics, the Minister of Justice allowed only eight cases to be filed (out of 523 requests) in 2009.

ARTICLE 19 strongly believes that, despite this decrease in prosecutions, the new Article 301 remains a serious threat for freedom of expression in Turkey. First, we note that the number of requests for prosecutions has not diminished. Prosecutors in Turkey continue to take prompt action against people who are critical of the government or question official versions of historical events and personalities. Second, the number of investigations for denigration of “Turkishness” and the Turkish Republic has decreased only because the current Minister of Justice wants to avoid further scandals concerning charges under Article 301. It is therefore likely that the number of prosecutions may increase if the next minister has a different attitude.

ARTICLE 19 calls on the Turkish authorities to protect of the right to freedom of expression, as required by international law, by abolishing Article 301 altogether for the following reasons:

• It is inherently illegitimate for the State to impose a blanket ban on the discussion of historical matters, or individuals and institutions.
• In violation of international law Article 301 is used to prosecute individuals who express opinions which diverge from official dogma regarding the history of the country.
• The term “Turkishness” is vague and gives opportunity for the arbitrary criminalisation of criticism.
• The provision is unnecessary in a democratic society since generic hate speech laws already prohibit incitement to hatred.
• It is unreasonable to spend taxpayers' money for the preparation of numerous requests for prosecutions under Article 301 which are later rejected by the Minister of Justice.

FURTHER INFORMATION:

• For more information please contact: Boyko Boev, ARTICLE 19 Legal Officer, boyko@article19.org or +44 20 7324 2500.

Concern over New Religious Defamation

22 October 2009

United Nations: ARTICLE 19 Joins Other Human Rights Groups to Express Concern over New Religious Defamation Submission

ARTICLE 19 joins 26 other human rights groups in an open letter expressing concerns about recent submissions on religious defamation brought before the UN Ad Hoc Committee for the Elaboration of Complementary Standards.

The Organization of Islamic Conference (OIC), represented by Pakistan, and the African Group, represented by Egypt, has made submissions to the Ad Hoc Committee in advance of its Second Session currently taking place in Geneva.

The letter raises concerns that the OIC and the African Group submissions propose:
• The apparent inclusion of religions, religious ideas, objects and personalities as subjects that warrant protection under international human rights law
• The development of new binding international standards on the “defamation of religions”
• The protection of religions from offensive speech
• The defining of concepts of religion-phobias based on the presumption that all religions are internally uncontested.

The letter reaffirms the fact that international human rights standards protect individuals and groups on the basis of their religion or ethnicity, but do not protect religions per se. It is also noted that international law has consistently protected “offensive speech” because of the subjective nature of the concept. Adopting the proposals submitted by the OIC and the African Group would distort and undermine existing international human rights protection of both the right to freedom of expression and equality.

The open letter strongly recommends that the Ad Hoc Committee focus on measures to promote diversity and pluralism, as well as promoting equitable access to the means of communication, and guaranteeing the right of access to information and creating an enabling environment for both freedom of expression and equality.

NOTES TO EDITORS:

• To view the full text of the open letter, please go to: http://www.article19.org/pdfs/press/open-letter-to-the-un-ad-hoc-committee-for-the-elaboration-of-complementary-.pdf
• For more information please contact: Dr Sejal Parmar at: sejal@article19.org, or +44 20 7324 2500

More Support for Media Freedom in Africa

23 October 2009

European Union: More Support Should be Provided for Media Freedom in Africa

On the occasion of the European Development Days, ARTICLE 19 joins with the Africa Forum for Media Development, the African Media Initiative, the Global Forum for Media Development, the International Federation of Journalists and the World Association of Newspapers and News Publishers in calling for stronger dedicated European Union support to media freedom in Africa.

“Everyone agrees that media freedom and development are central to democracy and sustainable development,” says Dr Agnès Callamard, ARTICLE 19 Executive Director. “The EU needs to do more to support this central pillar of human progress.”

In their Statement to European Development Days, Stockholm, October 22-24, 2009, the organisations welcome the priority that the European Union (EU) and African Union have agreed to give to the issue of media development. However, the organisations called for a meeting to be held with key stakeholders to focus on the way forward and to consider the practical proposals that have been made, and in particular the proposal to institute an African Peer Review Mechanism for Media Freedom and Access to Information.

The six organisations also outlined ten points to promote media freedom and development in Africa, including the following:
• A clear political commitment should be made to implement the principles of the Windhoek Declaration on Promoting an Independent and Pluralistic African Press and the Declaration of Principles of Freedom of Expression in Africa.
• Dedicated funds should be allocated to media development, which should not be channelled through government.
• Support should be provided to the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information
• An African Peer Review Mechanism for Media Freedom and Access to Information should be created as a matter of priority.

ARTICLE 19 urges the EU to provide more support for media freedom and development initiatives in Africa and urges African governments to do more to respect media freedom.

NOTES TO EDITORS:

• The Statement is available at: www.gfmd.info
• For more information please contact: Martin Clark martin@article19.org +44 20 7324 2500

A landmark case involving the principle of open justice

United Kingdom: ARTICLE 19 in Landmark Open Justice Case

ARTICLE 19 is part of a landmark case involving the principle of open justice and the right to know. The case is the very first in the newly established Supreme Court of the United Kingdom.

ARTICLE 19 has applied with other leading media and civil liberties organisations for identification of the appellants in the case Her Majesty's Treasury (Respondents) v A (FC) and others (FC) (Appellants) and others.

Identification and publicity would benefit the appellants, as the media would be able to report the human-interest dimensions of the case. Identification is also in the public interest, as the case will show the effects of Anti-Terrorism Orders upon individuals and their family members.

Only Mohammed Al-Ghabra’s name has so far been identified, previously known as G, on the grounds that his identity is already in the public domain. The Court ran out of time and has not decided whether the identities of ‘A’, ‘K’ and ‘M’ will be publicised.

The case is considering whether measures contained in the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 were unlawful. Under the orders, said to give effect to UN resolutions, the Treasury may freeze assets of people and their families who “may be” suspected of financing terrorism. The measures are being scrutinised in court because they were made without express authorisation by Parliament.

From 1 October 2009, the Supreme Court has assumed the jurisdiction of the current Appellate Committee of the House of Lords and the devolution jurisdiction of the Judicial Committee of the Privy Council.

NOTES TO EDITORS:

• For more information please contact: Sejal Parmar, Senior Legal Officer, sejal@article19.org, +44 20 7324 2500;
• For more materials on the case at the Supreme Court, check http://www.supremecourt.gov.uk/current-cases/index.html

Nepal: Government Putting Journalists at Risk

12 October 2009

Nepal: Government Putting Journalists at Risk

ARTICLE 19, the Federation of Nepali Journalists (FNJ) and Freedom Forum (FF) strongly condemn the Government of Nepal’s intentions to use journalists as informants, to help implement its Special Security Plan. This would significantly increase the already seriously hazardous working environment for journalists. It is also contrary to international standards, as well as the Agenda for Change, launched by ARTICLE 19, FNJ and FF in February 2009. We urge the Government of Nepal to drop this idea and, instead, to take the necessary steps to protect journalists from attacks by unidentified armed groups.

“The Government’s plan is opportunistic and irresponsible,” said Dharmendra Jha, Chairperson of FNJ. “Threats and attacks against, and even murder of journalists are rampant in Nepal and to propose to use journalist as informants is at best grossly negligent,” he added.

Key problems with involving journalists in the Special Security Plan include:
• This would seriously undermine the role of an independent media in a democracy.
• It would also undermine the independence and professionalism of individual journalists.
• It would seriously increase the risk of attacks against journalists and media outlets, whereas there is an imperative need to take action to reduce this risk.

Recommendation No. 24 of the Agenda for Change states, in part: “The government should be more proactive in fulfilling its obligation to protect journalists and media property, including by allocating greater resources and attention to this, particularly in conflict areas.” Attemping to use journalists as secuirty informants is also a breach of code of conduct issued by Nepal Press Council.

ARTICLE 19, FNJ and FF urge the Nepali authorities to withdraw immediately any proposal to use journalists as informants to execute the Special Security Plan. We also call on the authorities to take all reasonable measures to promote the safety and security of journalists and media outlets.

NOTES TO EDITORS:

• For more information, please contact Tanka Raj Aryal, ARTICLE 19 Country Representative, Nepal aryal_law@yahoo.com, +97798510 75026, Taranath Dahal, President, Freedom Forum, tndahal@yahoo.com, +977 98510 87891 or Dharmendra Jha, President, Federation of Nepali Journalists, djanakpur@hotmail.com, +977 98510 71459.
• The Federation of Nepali Journalists (FNJ) is the umbrella organisation of the journalists in Nepal. Freedom Forum is a Nepalese human rights organisation working for press freedom and the right to information

Mexico: Safety Training for Journalists

Mexico: ARTICLE 19 and the Rory Peck Trust Provide Safety Training for Journalists

ARTICLE 19, in conjunction with the Rory Peck Trust, last week delivered its third security training course in Mexico for journalists working in high-risk zones.

Mexico is one of the world’s most dangerous places to practise journalism and there is almost no training available to help journalists and freelancers in the region manage the daily risks associated with their profession.

ARTICLE 19 and the Rory Peck Trust believe that, to ensure their safety and security, journalists and freelancers must know their rights. They must know how to effectively protect themselves, how to analyse potential risks, and how to identify and adopt the best possible measure to counteract them.

Journalists and freelancers, including those from Reuters, Associated Press, CNN and Televisa, attended the programme. They covered journalistic practice, coverage of security forces and public demonstrations, and the relationships between reporters, editors, security forces and emergency services. Methods of self-protection based on lessons from other countries were another feature of the course. Participants also looked at the challenges and problems facing media workers in the field, as well as the identification and management of post-traumatic stress and related disorders.

Participants received a thorough briefing on the legal realities facing journalists in Mexico today, including basic media and human rights law, as well as defamation and other tools used to stifle media freedom. The Mexican Red Cross covered first aid, emergency evacuation situations, explosions, natural disasters and survival training.

“When I undertook my first security training course I was already half way through my career,” says Manuel Carrillo, Senior Cameraman for Reuters. “It is great to see that younger journalists now have an opportunity to receive this training, particularly in light of the dangers they are now facing in Mexico.”

ARTICLE 19 systematically documents, registers and follows up cases of aggression against journalists and media workers in Mexico and Central America. Through this work, ARTICLE 19 has been able to identify specific trends relating to freedom of expression which are characteristic of this region.

“Enabling journalists to look after themselves in high-risk situations, while also reporting accurately on themes in the public interest, ARTICLE 19 hopes to assist the media in holding public bodies and elected officials accountable for their actions,” comments Dr Agnes Callamard, ARTICLE 19 Executive Director. “This will greatly enhance and protect the right to freedom of expression in Mexico and Central America.”

The course took place at the Mexican Red Cross training facility outside Mexico City and was made possible with the support of the Royal Netherlands Embassy in Mexico.

NOTE TO EDITORS:

• For further information, contact Ricardo Gonzalez, ARTICLE 19 Mexico and Central America Office, at ricardo@article19.org, + 55 11 30 57 00 42 or Catalina Cortes, Rory Peck Trust at catalina@rorypecktrust.org, +44 (0) 20 7730 141.
• The Rory Peck Trust exists to support freelance newsgatherers and their families worldwide in times of need, and to promote their welfare and safety.

Hold Russia Accountable for abuses and violations of the right to freedom of expression

15 October 2009
Human Rights Committee: ARTICLE 19 Urges the Human Rights Committee to Hold Russia Accountable

ARTICLE 19 calls on the Human Rights Committee (“the Committee”) to hold the Russian Federation accountable for ongoing and systematic abuses and violations of the right to freedom of expression.
Under the International Covenant on Civil and Political Rights (“the Covenant”), States must submit to a periodic review of their implementation of the Covenant’s provisions. Russia’s sixth periodic report comes under scrutiny today by the HRC at its 97th session in Geneva. In a shadow report submitted to the Committee, ARTICLE 19 provides detailed evidence of a range of abuses of the right to freedom of expression in Russia.

During the period under review, ARTICLE 19 finds that freedom of expression has steadily deteriorated in the Russian Federation. Journalists and media workers remain under constant threat of attack and there is an absence of thorough and impartial investigations into killings and assaults against journalists. Instead, a climate of impunity for crimes against journalists prevails.

Public officials, including those at the highest level of the Government, refuse to view the media as an independent critic and often regard it as a subordinate body aimed at furthering political goals. Defamation laws are regularly employed to stifle journalists and media outlets.

Opposition groups are suppressed and prevented from engaging in peaceful protest, and there are increasing incidents of attacks against minorities, including religious, sexual and ethnic groups. Legislation governing extremism and religious hatred is being used to suppress criticism of the Russian authorities, as well as artistic free expression.

“ARTICLE 19 calls on the Human Rights Committee to carefully examine and expose the deplorable human rights record of the Russian Federation, and to hold this Government accountable to its human rights obligations under the Covenant,” says Dr Agnès Callamard, ARTICLE 19 Executive Director.

ARTICLE 19 has been working in the Russian Federation for the last decade, in close co-operation with local partners, on projects relating to freedom of expression, freedom of information and defamation. Given the severity of the violations outlined in the report, ARTICLE 19 urges the Human Rights Committee to exert pressure over the Russian Government to ensure that everyone in the Russian Federation is able to exercise their rights to freedom of expression without intimidation, violence or harassment.

NOTES TO EDITORS:

* For more information please contact: Nathalie Losekoot, Senior Programme Officer, Europe, at: +44 796 985 6069 or nathalie@article19.org; or Barbora Bukovska, Senior Director for Law, at: +44 207 324 2500 or barbora@article19.org.
* The full version of the Written Comments of ARTICLE 19: Global Campaign for Free Expression Concerning the Review of the Sixth Periodic Report of the Russian Federation for Consideration by the United Nations Human Rights Committee at its 97th Session, 12-30 October2009 is available at http://www.article19.org/pdfs/submissions/russia-written-comments-of-article-19-global-campaign-for-free-expression-co.pdf
* ARTICLE 19 is an independent human rights organisation that works globally to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech. For more information on ARTICLE 19 please visit www.article19.org.

Irina Gueorguieva Bokova chosen for the post of Director-General

Irina Gueorguieva Bokova chosen by UNESCO Executive Board as candidate to the post of Director-General

Paris, 22 September

The 58 members of UNESCO’s Executive Board on 22 September designated Irina Gueorguieva Bokova (Bulgaria) as candidate to the post of Director-General. On 15 October, the nomination will be submitted to the approval of the General Conference, which brings together representatives of the Organization’s 193 Member States. Once confirmed, she will be the first woman Director-General of the Organization.

• © UNESCO/Michel Ravassard

The 58 members of UNESCO’s Executive Board on 22 September designated Irina Gueorguieva Bokova (Bulgaria) as candidate to the post of Director-General. On 15 October, the nomination will be submitted to the approval of the General Conference, which brings together representatives of the Organization’s 193 Member States. Once confirmed, she will be the first woman Director-General of the Organization.

At the end of the fifth round of voting, the Chairman of the Executive Board, Ambassador Olabiyi Babalola Joseph Yaï (Benin), announced the outcome of the vote. “Irina Bokova, the candidate presented by Bulgaria, was designated by the Executive Board with the majority of the ballots.” Her candidacy obtained 31 ballots.

Born in Sofia in 1952, Irina Gueorguieva Bokova is the Ambassador of Bulgaria to France and Permanent Delegate to UNESCO. A career diplomat and politician, she studied at the Moscow State Institute of International Relations and at the School of Public Affairs of the University of Maryland (USA). She served as deputy minister of Foreign Affairs (1995-97) and Minister of Foreign Affairs (1996-97). In 1996, as candidate to the post of Vice President of Bulgaria, she advocated her country’s membership in NATO and the European Union.

• UNESCOPRESS
• Source:Press release No. 2009-102
• 23-09-2009

http://portal.unesco.org/en/ev.php-URL_ID=46472&URL_DO=DO_TOPIC&URL_SECTION=201.html

CANDIDATE FOR UNESCO DIRECTOR-GENERAL

From left to right:

1. Nouréini TIDJANI-SERPOS (Benin)
2. Farouk HOSNY (Egypt)
3. Benita FERRERO-WALDNER (Austria)
4. Ina MARČIULIONYTĖ (Lithuania)
5. The Chairman of UNESCO’s Executive Board, Ambassador Olabiyi Babalola Joseph Yaï (Benin)
6. Ivonne JUEZ de A. BAKI (Ecuador)
7. Mohammed BEDJAOUI (Algeria)
8. Irina Gueorguieva BOKOVA (Bulgarie)
9. Alexander Vladimirovich YAKOVENKO (Russian Federation)
10. Sospeter Mwijarubi MUHONGO (United Republic of Tanzania)

The UNESCO website has confirmed that Irina Bokova has won the Executive Board election to be Director General of UNESCO.

Read the official notification of the selection.

I have three independent unofficial reports from reliable sources that Irina Bokova received 31 votes to 27 votes for Farouk Hosny in the fifth round of voting for the position of UNESCO Director General. Having received the majority of votes from the 58 members of the Executive Board, her name will be forwarded to the General Conference.

Read:

• Bulgarian New UNESCO Leader Irina Bokova Vows Reforms
• WHO IS WHO: Bulgaria UNESCO Chief Candidate Irina Bokova
• Irina Gueorguieva Bokova, nueva directora general de la Unesco
• Bulgarian beats Egyptian for top Unesco job
• Unesco - Finalement la Bulgare Bokova bat le controversé Hosni
• After Uproar, Unesco Rejects Egyptian
• Unesco får bulgarsk chef
• UNESCO bekommt eine Chefin
• Candidato do Brasil para a Unesco é derrotado
• Egypt Intellectuals: Jewish Lobby Elected Bulgarian Bokova UNESCO Head
• Polêmico candidato egípcio perde eleição na Unesco
• فاروق حسنى يخسر رئاسة اليونسكو أمام «بوكوفا» البلغارية ‏
• Egyptian Candidate Loses UNESCO Vote to Bulgarian
• After Uproar, Unesco Rejects Egyptian
  
• Farouk Hosni accuse l'Unesco d'être "politisée"
• Comment la Bulgare Irina Bokova a été élue à l'Unesco
• Egypt bloggers sound out on Hosni’s UNESCO bid
• Bulgarian defeats favourite in UNESCO election
• Egyptian official blames Jews for UNESCO loss
• Califican de "honorable" la batalla de Faruk Hosni para
  

IFEX MEMBERS CONCERNED ABOUT CANDIDATE FOR UNESCO DIRECTOR-GENERAL

Negotiations to select the next Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) underway in France must deeply consider free speech and press freedom values of candidates, report Reporters Without Borders (RSF), the Arabic Network for Human Rights Information (ANHRI) and other IFEX members. But according to
RSF and ANHRI, the Egyptian candidate has been a key player for decades in government censorship, press freedom violations and arrest of bloggers.

The nine candidates being considered are: Ms Ina Marčiulionytė (Lithuania); Mr Mohammed Bedjaoui (Algeria); Ms Irina Gueorguieva Bokova (Bulgaria); Mr Farouk Hosni (Egypt); Mr Sospeter Mwijarubi Muhongo (United Republic of Tanzania); Mr Alexander Vladimirovich Yakovenko (Russian Federation); Ms Ivonne Juez de A. Baki (Ecuador); Ms Benita Ferrero-Waldner (Austria); and Mr Nouréini Tidjani-Serpos (Benin).

News reports say Hosni, Minister of Culture for over twenty years, is the frontrunner. According to RSF, "Hosni has been one of the leading protagonists of government censorship in the Arab Republic of Egypt... constantly seeking to control both press freedom and his fellow citizens'
right to freedom of information."

Yet, "UNESCO's mandate includes promoting free expression and press freedom as basic human rights, encouraging media independence and diversity as preconditions for democratisation, and supporting the free flow of information, including on the Internet," says RSF.

The Egyptian government owns 99 percent of the country's newspaper retail outlets and has a monopoly of newspaper printing, and there are risks to being outspoken. "A total of 32 articles in different laws - including the criminal code, the press law, the publications law, etc. - stipulate
penalties for the media," reports RSF. There is tight regulation of Internet use and violations are punishable by imprisonment, says RSF.

RSF then met in Paris last week with Hosni, saying he voiced a "determination to defend the freedom of the media" and "to reinforce UNESCO's actions in this domain" if he were elected. RSF relayed its concern about free expression in Egypt and, in particular, the continuing
detention of two bloggers.

An opinion piece in "The Wall Street Journal" states that Hosni is unsuitable to lead UNESCO: "One can only imagine the peace in the minds of thousands of Egyptian writers, bloggers, artists, musicians, filmmakers, lecturers, broadcasters and other culture-purveyors who have been tortured, harassed, imprisoned or banned in Egypt since Mr. Hosni took office in 1987."

The Egyptian media and blogosphere have been alive with the debate. "The Daily News Egypt" writes, "The concerns over Farouk Hosni's potential ineligibility for the position of Director of UNESCO have arisen due to his anti-Semitic statements and suspicions of corruption." Hosni famously stated to parliament in May 2008 that "he would burn any Israeli books if
he found them in Egyptian libraries."

In an open letter to UNESCO published in June, members of the Coordinating Committee of Press Freedom Organizations lauded the vital contributions of the outgoing UNESCO Director General Koichiro Matsuura for "consolidating UNESCO as a force for freedom of expression and to furthering free speech and press freedom values." The letter was signed by five IFEX members: World Press Freedom Committee, Committee to Protect Journalists, Inter
American Press Association, the International Press Institute, and the World Association of Newspapers and News Publishers.

The Coordinating Committee members called upon UNESCO member-states to focus on a commitment to freedom of expression as the core criteria in considering the choice of the next Director-General. This includes a commitment to fostering independent news media, selecting independent journalists widely respected by their colleagues as members of the Jury for
UNESCO's annual World Press Freedom Prize, and speaking out publicly against assassinations of news media personnel and policies that obstruct the work of the news media.

Other IFEX members are sending letters of concern to Board members.

Representatives from 58 nations who make up UNESCO's Executive Board begin voting on 17 September. If a candidate does not win a simple majority, there will be up to five rounds of voting that will finish on 23 September 2009. Following this decision, a final vote will be taken by all members of the UNESCO General Conference in October.

Related stories on IFEX.org: - UNESCO urged to continue defending freedom of expression worldwide
(WPFC): http://www.ifex.org/international/2009/06/18/letter_to_unesco/

More on the web: - Farouk Hosni responds to Reporters Without Borders (RSF):
http://www.rsf.org/spip.php?page=article&id_article=34399
- Save UNESCO:
http://saveunesco.wordpress.com/2009/08/27/unesco-elections-2009-the-stakes/
- Election of new UNESCO Director General (UNESCO):
http://portal.unesco.org/en/ev.php-URL_ID=46368&URL_DO=DO_TOPIC&URL_SECTION=201.html
- The U.N.'s new censor (The Wall Street Journal):
http://online.wsj.com/article/SB10001424052970204731804574392190566142468.html
- Le Monde keeps pressure on UNESCO (Daily News):
http://www.thedailynewsegypt.com/article.aspx?ArticleID=24533

CHINA: JOURNALISTS PROTEST SAVAGE ATTACKS ON COLLEAGUES

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CHINA: JOURNALISTS PROTEST SAVAGE ATTACKS ON COLLEAGUES

A number of journalists from Hong Kong are among those who have been brutally assaulted and harassed in mainland China in the last two weeks as authorities continue to control independent coverage of ethnic violence as well as local crime, report the Hong Kong Journalists Association (HKJA) and Reporters Without Borders (RSF).

Three accredited Hong Kong TV journalists covering protests in Urumqi, the capital of Xinjiang province, on 4 September were "kicked, punched, shoved to the ground, handcuffed by police and detained for about three hours" reports HKJA. TVB reporter Lam Tsz-ho, his cameraman Lau Wing-chuen, and Now TV cameraman Lam Chun-wai were trying to get away from tear gas and were forced to remain lying on the ground, their hands tied for 20 minutes, says RSF. Tsz-Ho told RSF the police beat them with batons and confiscated the video they had recorded.

Five other Hong Kong reporters were briefly arrested in Urumqi the same day, says RSF, and the police seized the equipment of an Associated Press Television News crew, barring them from filming protests. The equipment was returned five hours later.

News reports say thousands of Han Chinese took to the streets in early September in the city of Urumqi to protest a series of syringe attacks blamed on the province's Uighur Muslims. Both Han Chinese and Uighurs, a predominantly Muslim, minority ethnic group, are responsible for killing members of the other ethnic group. Devastating violence that broke out in July points to problems with China's policies towards minorities; at least 184 people were killed.

Meanwhile, hundreds of journalists protested in Hong Kong on 13 September, over the brutality faced by colleagues in China, news reports say. They called on authorities in Xinjiang and Beijing to end media repression. The Xinjiang government has blamed the journalists for inciting unrest.

Mak Yin-ting, chairwoman of HKJA, told "Agence France-Presse" (AFP) that media workers were angry over the "outrageous and blatantly false" allegations against the journalists.

"This is a violent trampling on press freedom," she told AFP."It is not a single incident. Even last year, lots of our journalists were beaten while reporting in China. The situation is getting worse now."

Meanwhile, two Beijing-based reporters employed by Hong Kong media outlets were detained in a hotel in Chengdu, in Sichuan province, on 12 August blocking them from covering the trial of a blogger, Tan Zuoren, according to RSF. Another journalist Liu Manyuan was hospitalised after being viciously beaten by security guards in the industrial city of Dongguan (in the south eastern province of Guangdong) on 31 August. In an interview with a Guangzhou TV station, Liu said he was about to take photos at a murder scene when he was ordered to leave by uniformed guards acting on orders from a superior. They then attacked him.

"The authorities will be hard put to rein in the disturbing rise in cases of violence against the press unless those responsible are dealt with in a firm but proportionate manner," RSF said. "The climate of social and ethnic tension in Xinjiang and the rest of the country do not justify such attacks, which seem to be acts of censorship, targeting investigative journalists above all. The excuses of the local authorities are clearly not sufficient."

Related stories on IFEX.org: - Journalists physically attacked, harassed in Xinjiang and Guangdong provinces:
http://ifex.org/china/2009/09/11/security_personnel_attack_journalists/

More on the web: - HK journalists protest against beatings of reporters (AFP):
http://www.google.com/hostednews/afp/article/ALeqM5i5JqWL5r0d0hGc0IWqrZJojMDQCw
- Our Declaration for the Protest march on Liaison Office on 13 Sept 2009
(HKJA): http://www.hkja.org.hk/site/portal/Site.aspx?id=A1-812&lang=en-US

VIETNAM: BLOGGERS FACE SEVERE REPRESSION DUE TO POLICIES ON CHINA

VIETNAM: BLOGGERS FACE SEVERE REPRESSION DUE TO POLICIES ON CHINA

Bloggers and journalists in Vietnam continue to be arrested for writing critically about Vietnam's policies toward China, report the Southeast Asian Press Alliance (SEAPA), the Committee to Protect Journalists (CPJ) and Reporters Without Borders (RSF). China and Vietnam, where flourishing blogging cultures have encountered severe monitoring and restriction, are among Asia's worst nations for persecuting bloggers, reports CPJ.

Nguyen Ngoc Nhu Quynh, a blogger who writes under the pen name Me Nam, or Mother Mushroom, was arrested on August 28 by police officials who stormed her house at around midnight, the Free Journalists Network of Vietnam (FJNV), an independent press freedom group, told CPJ.

According to news reports, she agreed to stop blogging as a condition of her release. "It's time for me to put an end to this blog,'' Quynh said in a handwritten statement posted on her website after her release on 13
September. ''I was wrong and I am responsible for what I did.''
Recently, she had blogged about a controversial bauxite mining project led by Chinese investors in the country's Central Highlands region and territorial disputes with China over the Paracel and Spratly islands, says
SEAPA.

According to RSF, Quynh was arrested for the same reason as Bui Thanh Hieu, the blogger arrested on 27 August, and Pham Doan Trang, the online journalist arrested on 28 August. They were all arrested due to the
Communist Party's desire to suppress all criticism of its relations with China in the run-up to the 2011 congress, at which the country's top posts will be decided. Hieu and Trang have been released.

Trang edits "Tuan Vietnam," an online weekly that is a part of "Vietnamnet," the country's most popular news website, says RSF. In her articles, she has criticised China's role during Vietnam's partition in
1954 and refuted China's territorial claims in the South China Sea.

Hieu also wrote about the bauxite mining project and the criticism it has received because of the threat it poses to the environment, says RSF. He has been on the radar of the state and questioned many times about his
political activities since taking part in an "anti-Chinese" demonstration last year.

"We deplore the arrests of one blogger after another and the systematic suppression of online free speech," RSF said. "The Vietnamese authorities are so sensitive about relations with China that one wonders what role the
Chinese government is playing in this crackdown on bloggers writing about China and Vietnam."

A third blogger who wrote under the pen-name "Sphinx" was detained by authorities on August 29 and released four days later, reports CPJ.According to FJNV, he was subjected to sleep deprivation during
interrogations over his posts that also touched on Vietnam-China relations, including the bauxite mining project and territorial disputes.

The government announced in August that it would prosecute some or all of the 27 democracy activists arrested in recent months, says RSF. Vietnam was ranked 168th out of 173 countries in the 2008 RSF press freedom index. In 2008, CPJ found that bloggers and other online journalists were the single largest professional group in prison, more than print and broadcast journalists for the first time.

Related stories on IFEX.org:
- Another blogger detained in Vietnam; three others released:
http://ifex.org/vietnam/2009/09/09/quynh_arrested/

More on the web:
- Freed Vietnamese blogger agrees to stop writing (The New York Times):
http://www.nytimes.com/aponline/2009/09/14/world/AP-AS-Vietnam-Blogger-Released.html
- Another Vietnamese blogger released by police (SEAPA):
http://www.seapabkk.org/

UGANDA: CRACKDOWN ON RADIO JOURNALISTS

UGANDA: CRACKDOWN ON RADIO JOURNALISTS

A spasm of violence shook Uganda last week in a power struggle between the government and the Buganda kingdom. State-run Uganda Broadcasting Council shut down radio stations on 11 September, ordering a halt to political debate and commentary on clashes in the capital, Kampala, according to the Media Institute (MI), the Committee to Protect Journalists (CPJ) and other IFEX members.

News reports say tensions over land and power between President Yoweri Museveni's government and Buganda, one of the East African country's four historical kingdoms, boiled over on 12 September. Police blocked the Buganda monarch, known as the Kabaka, from visiting a flashpoint town east of the capital on territory claimed by his kingdom. Along with rumours of arrests of Buganda leaders, it was a catalyst for riots in Kampala and several central towns. Local media say at least 21 people died and over 500 were arrested. Tensions have been building between the kingdom and the government since President Museveni refused to grant Buganda semi-autonomous status through federalism five years ago, says MI.

Daniel Kalinaki, managing editor of Uganda's independent "Daily Monitor" newspaper told "Reuters" that the government was caught off guard by the protests, and shut down the Central Broadcasting Service (CBS) to cut the link between the kingdom's leaders and rank-and-file members on the streets. "Without a coherent message from the centre, the rioting became localised and criminalised as gangs ... took to indiscriminate violence and
looting, quickly turning many of the people who would otherwise support the visit into its victims."

"The government banned live radio debate programmes known as "ebimeeza" on the grounds that radio stations were unable to control their content, says Reporters Without Borders (RSF).
Council agents backed by soldiers seized transmitting equipment, crippling CBS, reported CPJ. Council technicians and soldiers also raided Radio Sapientia, a Catholic-run station and Suubi, a commercial, youth-oriented station. Radio Two Akaboozi Kubiri was also suspended. Information minister Kabakumba Matsiko accused the stations of inciting riots, says RSF.

"The closure of CBS is a big blow to the independent media in the country, which is hurtling towards general elections in 2011," says MI. "It is the only radio that had withstood state intimidation largely because it enjoyed
the special status of being owned by the Buganda Kingdom."

A widely respected journalist, filmmaker and talk-show host of Radio One's "Spectrum," Kalundi Sserumaga, was abducted outside WBS Television on 11 September after criticising Museveni in a television debate, says RSF and the International PEN's Writers in Prison Committee (WiPC).

The WiPC reported on 14 September that Sserumaga had been transferred to a hospital to receive treatment for injuries he sustained as a result of severe police beatings. He told reporters he expected to stay in hospital
for at least a day, but that he would be returned to police detention. Human Rights Watch reports that on 15 September he was charged with six counts of sedition and released on bail.

"The government is employing sweeping measures and making broad assertions to crack down on critical media," CPJ said. "They're not fooling anyone."

IFEX members are preparing a joint letter to President Museveni condemning recent attacks on the media and calling for the government to uphold freedom of expression rights, which is being released on 17 September.

Related stories on IFEX.org:
- Four radio stations closed; talk-show host detained for "inciting riots":
http://www.ifex.org/uganda/2009/09/14/four_radio_stations_closed/

More on the web:
- Riots point to more turmoil before Uganda poll (Reuters):
http://www.reuters.com/article/latestCrisis/idUSLE656459
- End media clampdown (Human Rights Watch):
http://www.hrw.org/en/news/2009/09/15/uganda-end-media-clampdown

Camden Principles on Freedom of Expression and Equality

September 2009

Asian Launch of ARTICLE 19’s Camden Principles on Freedom of Expression and Equality

ARTICLE 19 and Allansi Jurnalis Independen (AJI) jointly hosted a regional launch of the Camden Principles on Freedom of Expression and Equality in Jakarta, Indonesia today. The Principles are founded on the understanding that freedom of expression and equality are mutually supporting and foundational human rights. They describe the various ways in which these key rights reinforce each other, and also address potential tensions between the rights, particularly in the area of hate speech. Today’s Asia launch of the Principles aims to raise the profile of the Principles in one the largest and most diverse continent in the world.

Speakers at the Asian launch of the Principles included Bambang Harymurti, Corporate Chief Editor of Tempo magazine, Augus Sudibyo, Deputy Director of the SET Foundation and Coordinator of the Indonesian Coalition for Freedom of Information, and Toby Mendel, Senior Legal Counsel for ARTICLE 19. Harymurti and Mendel participated in meetings to develop the Principles. The speakers outlined the main standards contained in the Principles and highlighted their relevance in Indonesia, and the region, which faces challenges in realising both freedom of expression and equality.

The Principles outline, among other things:

• An overview of the key international standards regarding freedom of expression and equality
• Aspects of the right to be heard and to speak, including through the promotion of diversity in the media
• The need for legal and social measures to promote intercultural understanding
• The legitimate scope of restrictions on harmful speech, including hate speech.

ARTICLE 19 and AJI call on States in Asia, as well as social actors such as the media, politicians and civil society organisations, to take steps to implement the standards set out in the Principles, as well as to promote their widespread dissemination and acceptance.

NOTES TO EDITORS:

• The Camden Principles are available in English at:
http://www.article19.org/pdfs/standards/the-camden-principles-on-freedom-of-expression-and-equality.pdf
and in Indonesian at: http://www.article19.org/pdfs/standards/prinsip-prinsip-camden-tentang-kebebasan-berekspresi-dan-kesetaraan.pdf
• For more information please contact: Toby Mendel, Senior Legal Counsel, a19law@hfx.eastlink.ca, +1 902 431-3688 or Nezar Patria, President, AJI, npatria@yahoo.com, +62 811829135.
• Allansi Jurnalis Independen (Alliance of Independent Journalists) is an independent journalists’ association that works to promote and defend the rights of journalists, including their right to freedom of expression.

Proposed Electoral Law Restricts Internet Freedom

For immediate release – 14 September 2009

Brazil: Proposed Electoral Law Restricts Internet Freedom

Proposed reform of the Brazilian electoral rules, part of broader reforms in this area being debated by the Senate, would subject internet media to the same rules as traditional broadcasters during electoral campaigns. ARTICLE 19 calls on Brazilian legislators to respect freedom of the internet by rejecting these proposals.

The proposed amendment to Law 9.054/1997, which regulates electoral campaigns, were put forward by Senator Eduardo Azeredo. The proposals would prohibit internet providers and the websites of media outlets, during a three-month period prior to an election, from focusing on a specific candidate unless there is a “journalistic reason” for doing so. Instead, these outlets would have to guarantee the presence of at least two-thirds of the candidates in any video or audio coverage of the elections. Furthermore, only presidential candidates would be allowed to publish paid advertising on the Internet. Breach of these rules could lead to a fine of R$5,000 to R$30,000 (USD2,700 to 16,300).

Blogs, personal websites and social networks would not be subject to these rules and would be allowed to publish information about candidates, although not anonymously. National elections in Brazil will take place in October 2010. The new electoral law needs to be approved by 2 October 2009 to be applied during the next elections.

These rules unduly restrict freedom of expression on the internet, which should not be treated in a similar manner to a broadcaster due to very important differences between these two mediums. The Internet has played an important role in elections in many countries, as demonstrated effectively by the Obama presidential campaign.

ARTICLE 19 calls on the Brazilian Congress to respect freedom of the internet, especially considering the importance of a public debate during electoral campaigns, by rejecting these proposed amendments to the electoral law.

NOTES TO EDITORS:

• For more information please contact: Mila Molina, mila@article19.org, +55 11 3057 0042

ARTICLE 19 Provides Analysis of Broadcasting Law

For immediate release – 11 September 2009

Montenegro: ARTICLE 19 Provides Analysis of Broadcasting Law

ARTICLE 19 has produced a Note analysing the Montenegrin draft Law on Electronic Media. The Note recognises that the draft Law has a number of positive features, but also highlights some shortcomings, including the lack of clarity as to where responsibility for licensing broadcasters lies, along with the fact that broadcasters are required to go through two licensing processes.

The draft Law on Electronic Media is part of a series of legal and other reforms in the area of telecommunications and broadcasting regulation in Montenegro, some of which have been the subject of earlier ARTICLE 19 analyses.

The Note highlights, among others, the following concerns with the draft Law:

The lack of clarity as to responsibility for licensing broadcasters as between the broadcast regulator established by the draft Law and the telecommunications regulator

The failure of the law to set out clear criteria for allocating licences

The failure of the law to recognise community broadcasting

Inadequate provisions in the law on how the system of complaints it envisages would work in practice

The independence of the proposed regulator could be improved by not providing for one member to be nominated by a minister and through more robust sources of funding

The system of sanctions unduly promotes the most extreme sanction – licence revocation – at the expense of a more graduated approach to sanctions.

ARTICLE 19 calls on the Montenegrin authorities to ensure that the law that is ultimately adopted is in line with international standards in this area.

NOTES TO EDITORS:

• The Submission is available at: http://www.article19.org/pdfs/analysis/montenegro-note-on-the-draft-law-on-electronic-media.pdf
• The draft law is available at: http://www.article19.org/pdfs/laws/montenegro-draft-law-on-electronic-media.pdf
• For more information please contact: Toby Mendel, Senior Legal Counsel, a19law@hfx.eastlink.ca, +1 902 431-3688.
• ARTICLE 19 prepared an analysis of draft amendments to the Law on Public Service Broadcasting in September 2008, available at:
http://www.article19.org/pdfs/analysis/montenegro-comment-on-proposed-amendments-to-the-law-on-public-service-broad.pdf

Afghanistan: ARTICLE 19 Calls for Investigation into Journalist’s Death

15 September 2009

Afghanistan: ARTICLE 19 Calls for Investigation into Journalist’s Death

ARTICLE 19 calls for an immediate investigation into the death of Afghan journalist Sultan Munadi. He was shot dead on 9 September during an armed raid by British-led NATO forces to rescue him and British journalist Steven Farrell.

Sultan Munadi and Steven Farrell had been kidnapped and held captive by the Taliban in the northern Afghan province of Kunduz since 5 September. At the time, Sultan Munadi had been working as a fixer and interpreter for Farrell, who was investigating the NATO air attack on two fuel tankers which had been hijacked by Taliban militants. Media reports suggested that the air strike had killed many people, including many civilians.

At dawn on 9 September, British-led NATO forces raided the place where Taliban militants were holding Farrell and Munadi. Although Steven Farrell was rescued, Sultan Munadi was killed in the gunfire. One British NATO soldier and two civilians were also killed.

ARTICLE 19 welcomes the rescue of Steven Farrell and supports the decision of journalists like him to undertake such investigations, which are clearly in the public interest, provided they are confident about their personal safety and that of their local colleagues. However, ARTICLE 19 is profoundly saddened by Sultan Munadi’s death, which raises serious questions about the safety of Afghan journalists employed by foreign media organisations in Afghanistan and the extent to which international forces are committed to protecting their right to life. ARTICLE 19 emphasises the importance of finding out how Sultan Munadi was killed during the rescue raid not only for his family but also because a lack of credible information and accountability may lead to rumours, misrepresentation and further mistrust of international forces in Afghanistan. This may exacerbate tensions and fuel the armed conflict.

ARTICLE 19 emphasises that NATO-led forces and the Afghan government must respect international human rights law by inter alia ensuring protection against arbitrary killings. Possible violations of the right to life in Afghanistan that involve NATO-led forces need to be investigated under Article 6 of the International Covenant on Civil and Political Rights. ARTICLE 19 also reminds states contributing to the NATO-led forces in Afghanistan that they should comply fully with the obligations applicable to them under international humanitarian law related to the protection of civilians,, including journalists and other media professionals.

In particular, ARTICLE 19 emphasises the obligations upon states to respect and ensure respect for Article 79 of the Additional Protocol I, regarding the protection of journalists engaged in dangerous professional missions in areas of armed conflict. We also call attention to UN Security Council Resolution 1738 on attacks against journalists in conflict situations. The latter emphasises “the responsibility of States to comply with the relevant obligations under international law to end impunity and to prosecute those responsible for serious violations of international humanitarian law”.

ARTICLE 19 also recalls the UNESCO Charter for the Safety of Journalists Working in War Zones or Dangerous Areas which states that “isks to be taken by staff or freelance journalists, their assistants, local employees and support personnel require adequate preparation, information, insurance and equipment” and that “ditors should beware of exerting any kind of pressure on special correspondents to take additional risks.”

Recommendations

ARTICLE 19 urges the NATO-led forces and the Afghan government to:
• Ensure that the killing of Sultan Munadi is promptly and thoroughly investigated, and if a violation of applicable international human rights law and/or humanitarian law is found as a result, that the responsible parties are made accountable
• Exercise due diligence and protect the human rights of everyone under their jurisdiction, in particular both Afghan and non-Afghan journalists, including their rights to life, liberty and security of person, and freedom of expression
• Ensure that all attacks against journalists, as well as other abuses of international human rights and humanitarian law, are promptly and thoroughly investigated and that those suspected of carrying out or ordering such actions, as well as those organising or assisting in such actions, are brought to justice, according to procedures that meet international standards of due process
• Ensure that all operations by NATO-led forces against armed groups, such as the Taliban, comply with applicable international human rights and humanitarian law, in particular the prohibition on attacks against civilians and other non-combatants (including journalists), indiscriminate attacks, torture and ill-treatment, excessive use of force and arbitrary detention.

ARTICLE 19 urges media organisations operating in Afghanistan to:
• Properly train their journalists and media professionals operating in Afghanistan – whether they are international, local or freelance – in safety procedures in situations of armed conflict
• Ensure that these journalists and media professionals have adequate insurance cover for illness, injury and death
• Support the establishment of a solidarity fund to compensate the families of journalists who have been killed whilst practicing their profession in Afghanistan, where insurance is insufficient or non-existent.

ARTICLE calls on The New York Times to:
• Ensure that Sultan Munadi’s family receives all necessary financial support for their loss and the damage suffered as a result of Munadi’s death. Such support must take into account the drastic loss of income resulting from his death and the material well-being of the family, including education of his children.

FURTHER INFORMATION:

• For more information please contact: Dr Sejal Parmar, Senior Legal Officer, sejal@article19.org +44 20 7324 2500

http://www.bbc.co.uk/worldservice/programmes/2009/09/090915_outlook_mudanifather.shtml

KENYA: Kenyan PEN President released

9 September 2009

Update #2 to RAN 13/09

The Writers in Prison Committee (WiPC) of International PEN welcomes the release of Philo Ikonya, President of Kenya PEN, and a student activist following their arrest yesterday while taking part in a peaceful demonstration against corruption in Nairobi. Both were acquitted of taking part in an illegal demonstration this morning and are in good health. The WiPC thanks all PEN members who took immediate action in this case; no further action is required.

Philo Ikonya (author, human rights activist and President of Kenyan PEN) was arrested on the afternoon of 8 September 2009 while taking part in a peaceful protest and poetry reading outside the Kenya Anti Corruption Commission (KACC) in Nairobi. She was detained alongside Jacob Odipo (NB: not Kenyan PEN Secretary General Kingwa Kamencu, as previously reported), who is a media student and member of a member of the civil society group Bunge la Mwananchi (People's Parliament).

Ikonya and Odipo were taken to Kilimani police station in Nairobi and charged with taking part in an illegal demonstration. They were detained overnight and appeared in court this morning. The magistrate ruled that the charges were defective and ordered their release. Ikonya and Odipo were held in a cramped and insanitary cell, but were not otherwise ill treated. Both are in good health.

Background
Ikonya and Odipo, along with Kamencu and Kenyan PEN Treasurer Khainga O'Okwemba, were protesting against President Mwai Kibaki's reappointment of Justice Aaron Ringera as Chair of the KACC for a second five-year term despite the fact that not a single senior official has been convicted of corruption to date. Both Ikonya and Kamencu were carrying placards bearing stanzas from poems they had written on impunity. One of these was as follows:

Impunity means unity,
A Kenya without liberty;
Set Kenya free.

Ringera must go
Wako must go
Ali must go

(Ringera is the newly re-appointed Chair of the KACC; Amos Wako is Attorney General; Mohamed Hussein Ali was the Police Commissioner until yesterday afternoon, when he was reshuffled to Postmaster General following criticism of extrajudicial killings and human right violations attributed to the police under Ali's tenure - for more information on the reshuffle, see http://news.bbc.co.uk/1/hi/world/africa/8244594.stm).

According to Kamencu, "A very glaring issue of suppression of freedom of expression stands here. In addition to reciting the poetry, Philo was dressed in a sack-dress that had pieces of manila paper sewn on it with poems and writings expressing discontent at impunity and the re-appointment of Ringera. When she was arrested they tried to take away her dress and removed the writings she had sewn onto it."

For more information on Ikonya's arrest, see Update #2 to RAN 13/09 of 8 September 2009.

***No further action is required. Thank you for taking action in this case.***

For further details please contact Tamsin Mitchell at the Writers in Prison Committee London Office: International PEN, Brownlow House, 50-51 High Holborn, London WC1V 6ER Tel: +44 (0) 207 405 0338 Fax +44 (0) 207 405 0339 email: tamsin.mitchell@internationalpen.org.uk

source: http://www.internationalpen.org.uk/go/news/kenya-kenyan-pen-president-released

26 Exchanges

http://www.internationalpen.org.uk/go/news/26-exchanges


26 Exchanges

26 Exchanges: Journeys between and behind the lines of language
September 21 - 25, Royal Academy of Engineering

How can we overcome barriers to understanding created by different languages? How can we create greater dialogue between cultures when such language barriers exist? A collaboration between International PEN, 26, Pentagram and UNESCO, 26 Exchanges is an exhibition resulting from the Free the Word! festival 2009 to see what happened when one language adventures boldly into another. 26 members were twinned with PEN members from around the world to translate a text and tell the story of its journey in translation. Falling back on their own resources, 26 members searched for ways to understand stories in Basque, Khasi, Ndebele and Aymara among others, to find meaning and connections across cultures. The exhibition is a digital installation of these stories with readings from and conversations between the participants.
26 Exchanges, 21 - 25 September, 9.30am - 5.30pm, Monday - Friday, Free
Royal Academy of Engineering, 3 Carlton House Terrace, London, SW1Y 5DG
For more information visit www.26.org.uk

Brazil: 1st National Conference on Communication to Go Ahead

7 September 2009

Brazil: 1st National Conference on Communication to Go Ahead

On 1 September 2009, after much uncertainty, the national preparatory commission for the first Brazilian Conference on Communication has finally been made official. The main differences of opinion on the Conference have been overcome and it should now take place in December 2009. ARTICLE 19, an active member of the São Paulo State Conference Commission, calls on all levels of the Brazilian government to engage fully and cooperatively to ensure that the conference is successful in promoting a wide-ranging and productive debate about the future of communications policy in Brazil.

National conferences are official forums created by presidential decree to promote meaningful dialogue among government, civil society and the business sectors, with a view to providing substantive input into official planning and policy-making. The Conference on Communication, earlier threatened by budget cuts and issues of representation, has been long demanded by groups calling for urgent review of the seriously outdated law and policy currently applicable in this area.

The Conference will have 1,539 delegates, divided among the private sector (40%), civil society (40%) and government (20%). The approval of sensitive issues, an earlier deadlock, will require the endorsement of 60% of participants, including at least one vote from each sector. The level of private sector representation has been controversial, as civil society groups believe it is over-represented considering the greater plurality of social movements.

Discussions on communications are taking place all over Brazil currently, including through informal preparatory meetings at the municipal, inter-municipal and state levels. ARTICLE 19 was involved in the organisation of a preparatory seminar in São Paulo on 1 August titled “From the communications we have to the communications we want”. That meeting brought together over 270 people to discuss such topics as broadcasting licensing, women and the media, and the situation of community radios.

ARTICLE 19 calls on all levels of the Brazilian government to engage fully in the National Conference process so as to ensure that the final outcome reflects the aspirations of Brazilians for a democratic and public interest broadcasting system.


NOTES TO EDITORS:

• For more information please contact: Paula Martins, Brazil Coordinator, paula@article19.org, +55 11 3057 0042

Venezuela: Authorities Threaten to Close Another 29 Radio Stations

7 September 2009

Venezuela: Authorities Threaten to Close Another 29 Radio Stations

On 5 September 2009, Minister Diosdado Cabello, Director of Venezuelan´s National Commission on Telecommunications (Conatel), announced that 29 unidentified radio stations will soon be forced to cease operations. They will bring the number of closures in the last couple of months up to 63 radios and TV stations.

Conatel notes that all the cases involve stations whose licenses are up for renewal, whose owners have died or given up their rights, or where proposed title transfers have been denied. According to reports received by ARTICLE 19, Conatel has also opened administrative procedures against more than 200 broadcasters, which may lead to temporary or permanent suspension of their licences. Minister Cabello claims that the closures are aimed at “democratising access to the airwaves”.

ARTICLE 19 notes that Conatel is not independent from the government, as broadcast regulators are required to be by international guarantees of freedom of expression, and that, as a result, Conatel is not in a position to promote broadcasting in the wider public interest.

Broadcasting is by far the most important source of information, as well as of entertainment, for most people in countries around the world. Due to its centrality as a source of information and news, and its growing profitability, governments and dominant commercial interests have historically sought to control broadcasting. Governments have exerted control through the licensing process and other regulatory measures, as well as through informal pressure, while commercial interests have used wealth and connections to monopolise the broadcasting sector, often leading to a focus on low quality but profitable programming.

Oversight by a regulator which is independent of both government and commercial interests, and which has a clear mandate to promote broadcasting in the public interest, is the key to democratising the sector and avoiding regulation being abused to allow for government control.

ARTICLE 19 calls on the Venezuelan authorities to establish an independent broadcast regulator with a mandate to promote pluralism in the airwaves, through rules that are fair and objective, and that ensures that due process is respected in all administrative procedures. Radio and TV stations should not be closed down due to their political views and editorial lines.

NOTES TO EDITORS:

• For more information please contact: Paula Martins, Brazil Coordinator, paula@article19.org, +55 11 3057 0042

THAILAND: ACTIVIST JAILED FOR 18 YEARS FOR INSULTING MONARCHY

THAILAND: ACTIVIST JAILED FOR 18 YEARS FOR INSULTING MONARCHY

An opposition activist in Thailand was sentenced to 18 years in jail last week for insulting the monarchy, report the Southeast Asian Press Alliance (SEAPA) and international news media.

On 28 August Daranee Charnchoengsilpakul was convicted on three counts of lese majeste, each carrying a six-year jail term, for remarks that she made in speeches last year criticising the 2006 coup that ousted Prime Minister Thaksin Shinawatra.

The speeches were made at rallies of the "Red Shirts", the name given to Thaksin supporters who believe the current government led by Prime Minister Abhisit Vejjajiva is illegitimate, and who call for Thaksin to be reinstated.

Authorities have also blocked excerpts of Daranee's speeches on YouTube, which had been the basis for the complaints filed against her, says SEAPA.

The judge hearing Daranee's case closed the court to the public and the media last month, citing national security concerns. And because Daranee showed no remorse, the court found no cause for leniency, reports SEAPA.

"It is what I expected to happen," Daranee told reporters after the verdict. "I will appeal."

Arrested on 22 July 2008, Daranee has been denied bail three times despite her lawyers' pleas, and claims that her health may be deteriorating.

The decision to fight the charges is unusual. According to news reports, human rights lawyers say the charges are difficult to beat in a nation known for its intense loyalty to the Royal Family, and most defendants choose to plead guilty and beg the King for mercy.

Several people have been charged with lese majeste in recent years, such as a Thai engineer who got 10 years for sending online pictures that offended the Royal Family, and former BBC correspondent Jonathan Head, who presided over a public debate.

Police are investigating the entire board of the Thailand Foreign Correspondents' Club for possible breaches of the laws, say SEAPA and news reports.

Under current rules, anybody can file a complaint of lese majeste, which has led to many Thai politicians using the laws as a tool to silence their rivals.

According to SEAPA, lese majeste charges have surged since the 2006 coup, and are punishable by up to 15 years in jail.

Earlier this year Abhisit said he would look into ensuring the laws were not abused but little progress has been made.

Related stories on IFEX.org:
- Activist gets 18-year prison term for lese majeste:
http://www.ifex.org/thailand/2009/08/28/da_torpedo_sentenced/

More on the web:
-Red Shirt activist jailed for 18 years for insulting Thai Royal Family
(The Times):
http://www.timesonline.co.uk/tol/news/world/asia/article6814184.ece

From The Times

August 29, 2009

Red Shirt activist jailed for 18 years for insulting Thai Royal Family

Sian Powell in Bangkok

A court in Bangkok sentenced a political activist to 18 years in prison yesterday for insulting the Thai Royal Family, the latest in a flurry of cases that analysts say are inhibiting freedom of speech and stifling political dissent.

Daranee Charnchoengsilpakul was convicted of three charges of lèse-majesté for remarks that she made in speeches last year criticising the 2006 coup that ousted Thaksin Shinawatra, who was then the Prime Minister.

Mr Thaksin, who was convicted in absentia last year of breaching conflict of interest laws and lives abroad to avoid a jail term, remains a polarising figure in Thai politics.

Mr Thaksin’s Red Shirt supporters plan to rally again in central Bangkok tomorrow to demand change. They are furious with the Government led by Abhisit Vejjajiva, the Prime Minister, which they deem illegitimate, and want Mr Thaksin to be reinstated.

When his supporters protested in April they disrupted an Asean summit and brought parts of Bangkok to a standstill.

The Red Shirts, known formally as the United Front for Democracy against Dictatorship (UDD), said that the rally tomorrow will be peaceful.

The Government, however, has invoked the Internal Security Act to ban gatherings at three of the locations used for Red Shirt rallies, and deployed troops and police.

Red Shirt leaders fear provocateurs will try and to cause trouble. “If any unrest occurs, it will not be caused by the Red Shirts,” Jatuporn Prompan, the UDD leader, told Thai media yesterday.

Daranee, 46, was sentenced to three six-year prison terms to run consecutively for insulting the monarchy in speeches that she gave at Red Shirt rallies. Prommas Phoo-sang, the judge, closed the court to the public and the media last month, citing reasons of national security.

“It is what I expected to happen,” Daranee said after the verdict. “I will appeal.” The decision to fight the charges is unusual.

Human rights lawyers said that the charges are difficult to beat in a nation known for its intense loyalty to the Royal Family, and most defendants choose to plead guilty and beg the King for mercy.

Several people have been charged with or investigated over lèse-majesté in recent years. They include a man who refused to stand for the royal anthem in a cinema, the Australian author Harry Nicolaides, whose book sold seven copies, and the former BBC correspondent Jonathan Head, who presided over a public debate.

Police are investigating the entire board of the Thailand Foreign Correspondents’ Club for possible breaches of the laws.

Many Thai politicians appear to regard lèse-majesté laws as a tool to use against their opponents. Earlier this year Mr Abhisit said that his Government would discuss amending the laws but little progress has been made.

SRI LANKA: TAMIL JOURNALIST SENTENCED TO 20 YEARS OF HARD LABOUR

SRI LANKA: TAMIL JOURNALIST SENTENCED TO 20 YEARS OF HARD LABOUR

Popular Tamil journalist J.S. Tissainayagam has been sentenced to 20 years hard labour on charges of supporting terrorism and inciting racial hatred,becoming the first journalist to be convicted under Sri Lanka's draconian anti-terrorism law, report Committee to Protect Journalists (CPJ),Reporters Without Borders (RSF) and other IFEX members.

An English-language columnist for the Sri Lankan "Sunday Times" and editor of the news website OutreachSL, Tissainayagam was arrested on 7 March 2008.

He spent five months in prison without charge before his indictment in
August 2008 for promoting terrorism through the magazine "Northeastern
Monthly", which he briefly published in 2006. The magazine criticised the government's role in the war against the Tamil Tiger rebels and accused authorities of withholding food and other essential items from
Tamil-majority areas.

On 31 August, a High Court judge ruled that Tissainayagam's articles
violated the law because they were aimed at creating "communal disharmony."

The court also found that he had received money from the LTTE to fund his website, but RSF has established that the site was funded by a German aid project.

"The imposition of this extremely severe sentence on Tissainayagam suggests that some Sri Lanka judges confuse justice with revenge," RSF said. "With the help of confessions extracted by force and information that was false or distorted, the court has used an anti-terrorism law that was intended for terrorists, not for journalists and human rights activists."

According to the International Federation of Journalists (IFJ), which has been campaigning tirelessly for his release, Tissainayagam was repeatedly tortured and denied medical treatment while in prison.

Despite the end of the war, the Sri Lankan state continues to attack
journalists who do not support its policies.

According to the International Press Institute (IPI), 12 journalists have been killed in Sri Lanka since 2006, and many others have been harassed, threatened and arrested. RSF has reported that Sri Lanka is one of the worst-hit countries in the world when it comes to the kidnap, arrest and disappearance of journalists.

CPJ announced that it will honour Tissainayagam with a 2009 International Press Freedom Award. Meanwhile, the Globe Media Forum and RSF report that Tissainayagam will be the first winner of the Peter Mackler Prize, "a newly created award for journalists who display great courage and professional integrity in countries where press freedom is not respected."

Related stories on IFEX.org:
- Journalist sentenced to 20-year jail term under terror law:
http://www.ifex.org/sri_lanka/2009/09/01/tissainayagam_sentenced/

TAKE ACTION:

Please write polite letters to the Sri Lankan authorities calling for:

• The immediate and unconditional release of prisoner of conscience, J.S. Tissainayagam who has been targeted for his work as a journalist;
  
  
• Protection of the rights to life, liberty and security of media workers in compliance with Sri Lanka’s obligations under international law;
  
  
• An end to Sri Lanka's climate of impunity for attacks on the media which has made it impossible to get an accurate impartial picture of what is happening in the country.
  

WRITE TO:

His Excellency the President Mahinda Rajapaksa
Presidential Secretariat
Colombo 1
Sri Lanka
Fax: + 94 11 2446657
Email: priu@presidentsoffice.lk or modadm@sltnet.lk

Salutation: Your Excellency

His Excellency Dayananda Rupasoma Perera
High Commissioner
High Commission for the Democratic Socialist Republic of Sri Lanka
333 Laurier Avenue West, Suite 1204
Ottawa, ON, K1P 1C1
Canada
Fax: + 613 238-8448
Email: slhcit@rogers.com

Salutation: Your Excellency

FURTHER BACKGROUND:

The conflict in Sri Lanka is between government forces, the Liberation Tigers of Tamil Eelam (LTTE) and armed Tamil groups alleged to be aligned with the government. The conflict in the north and east of Sri Lanka has continued to escalate since the end of a ceasefire agreement on 16 January 2008. There is no independent reporting of the conflict and media coverage of war has effectively been silenced – through threats, restrictions and violence. The restrictions placed on freedom of expression in Sri Lanka far exceed those which may legitimately be imposed for reasons such as national security. Violations of journalists’ right to life and freedom from torture and ill-treatment can never be justified in the name of national security and constitute violations of Sri Lanka’s obligations under international law.

At least 14 media workers have been unlawfully killed since 2006 and others have been arbitrarily detained, tortured and allegedly disappeared. There is a strong need for media freedom in Sri Lanka, where deaths on all sides are very high and large numbers of civilians are caught in the crossfire. All parties to the conflict are responsible for grave violations of human rights and breaches of international humanitarian law.

Source : http://www.amnesty.ca/take_action/actions/sri_lanka_journalist_silenced.php

--------------- The Newyork Times ---------------------

Sri Lankan Editor Lauded by Obama Is Sentenced to 20 Years

By LYDIA POLGREEN

Published: August 31, 2009
On World Press Freedom Day in May, President Obama held up J. S. Tissainayagam, the editor of a crusading magazine in Sri Lanka who has been jailed since March 2008, as a symbol of the oppression of the media.

On Monday, a judge in Sri Lanka sentenced Mr. Tissainayagam to 20 years of hard labor for violating the country’s tough antiterrorism laws by writing articles highly critical of a government military offensive against Tamil Tiger rebels who had controlled a large chunk of Sri Lanka’s north.

Mr. Tissainayagam, who is Tamil, was the editor of the now-defunct North Eastern Monthly magazine, and was accused of accepting money and other support from the Tigers. He was convicted under laws that give harsh sentences for offenses like using racially divisive language or promoting disharmony. These laws were enacted in response to the Tamil Tiger insurgency. The insurgents, members of the Hindu Tamil minority, sought a separate state from Sri Lanka’s Buddhist, Sinhalese majority. The government decisively defeated the Tigers in a bloody final battle on a strip of beach in northern Sri Lanka in May, ending one of Asia’s longest civil wars.

As is often the case with local journalists in conflict zones, Mr. Tissainayagam’s reporting reflected the prevailing point of view of the minority to which he belonged, but the government argued that his work went further.

“The Constitution itself gives freedom of press, but that doesn’t allow anybody to spread false information to spur ethnic violence,” Sudarshana DeSilva, the prosecutor, told the court, Reuters reported.

But rights advocates say that Mr. Tissainayagam’s sentence reflects the plight of Sri Lanka’s embattled press corps. At least seven journalists have been killed since 2007, including some singled out by the Tamil Tigers. Many more have fled the country.

“It is very serious blow,” said Sanjana Hattotuwa, editor of Groundviews, a citizen journalism Web site. “It sends a chilling message that the independent expression of opinion is no longer tolerated in Sri Lanka.”

Lucien Rajakarunanayake, spokesman for Sri Lanka’s president and a columnist, said that Mr. Tissainayagam had the right to appeal.

“The court has believed the evidence placed before it,” Mr. Rajakarunanayake said. “That he did accept money from a terrorist organization and did work that furthered the cause of terrorism in this country.”

The sentence is sure to increase pressure from the West on Sri Lanka’s government, which has been criticized for its handling of the last battle against the Tamil Tigers and the treatment of Tamils displaced by the war.

Mr. Tissainayagam’s lawyer told reporters that he planned to appeal. Though he confessed, he later said that the confession was given under duress. Legal experts said that the antiterrorism laws under which he was convicted violated the Constitution.

Asanga Welikala, a lawyer who has written on press freedom in Sri Lanka, said that the law was so vague that practically any speech could be prosecuted.

“Totally unacceptable that we should have such a law, and even more unacceptable that a court of law should feel that this journalist should get the maximum possible sentence under that law for simply doing his job,” he said.

http://www.nytimes.com/2009/09/01/world/asia/01lanka.html?_r=1&pagewanted=print

Remember the Disappeared

Sunday 30th August marks the International Day of the Disappeared

Ratify the Convention against Enforced Disappearance NOW!


The International Convention for the Protection of All Persons from Enforced Disappearance was adopted by the UN General Assembly in December 2006.

We only need 7 more countries to ratify the Convention in order for it to enter into force.

Sunday 30th August marks the International Day of the Disappeared

In El Salvador, Ernestina and Erlinda Serrano Cruz were seven and three years old, respectively, when they disappeared on 2 June 1982.

In Guatemala, 200,000 people disappeared or were extra-judicially executed during the internal armed conflict of 1960 – 1996.

These are just a few examples of the thousands of people who have been victims of enforced disappearances around the world. Their family members and friends have no knowledge of their fate.

Stand Together and Remember the Disappeared

Call on governments to ratify the Convention! Join the movement in sending a letter to the countries we are targeting now!


INDIVIDUAL AT RISK


James Balao, an activist working on Indigenous Peoples rights, was forcibly disappeared on 17 September 2008 in Baguio City, Philippines. He was last seen near his home being roughly bundled by armed men into a white van. One of the men who took him shouted at onlookers, and told them not to interfere because they were police officers arresting James. A court has ordered the authorities to reveal where he is, and do no further harm to him, but has not authorised his family to look for him in places of detention. He is one of hundreds of Filipinos who have been forcibly disappeared and have not been found yet .

James, a member of the Indigenous Benguet Ibaloi tribe in the Cordillera region in Northern Philippines, dedicated himself to research and fighting for Indigenous Peoples rights, particularly ancestral land rights. He contributed to the drafting of the Philippines’ Constitution. He is one of the founding members of the Cordillera People's Alliance (CPA), an alliance of local organizations from the different Indigenous tribes in the Cordillera region.

Take action!
Join the call to Surface James Balao and Stop Enforced Disappearances in the Philippines.

Take photos of yourself or with friends, ideally in front of a local landmark to show international solidarity, holding up a message such as: "End Enforced Disappearances -- the world is watching" or "Where is James Balao?"

The photos will be used as part of an international solidarity campaign on the one-year anniversary of James' disappearance. Email photos to philmasteam@gmail.com or online.communities@amnesty.org by 31 October 2009.

Mexico: ARTICLE 19 Submission to UN Human Rights Committee

Mexico: ARTICLE 19 Submission to UN Human Rights Committee

ARTICLE 19 has called attention to key freedom of expression issues in Mexico, including the State’s failure to protect journalist and human rights defenders from attacks, and a broadcasting system that fails to promote public interest broadcasting. These concerns are contained in a written Submission to the UN Human Rights Committee (HRC) for consideration at its 96th session in Geneva from 13-31 July 2009. ARTICLE 19’s Submission is due to be read in conjunction with the Government of Mexico’s fifth periodic report to the HRC, under the provisions of Article 40 of the International Covenant on Civil and Political Rights.

ARTICLE 19’s Submission highlights the following concerns:

1. Violence against those who exercise their right to freedom of expression is increasing throughout the country and there is a lack of adequate rules and institutions to address these attacks, leading to a prevailing climate of impunity.
2. There is an inadequate framework for broadcast regulation, which lacks independence from government, does not foster pluralism in the airwaves and has failed to prevent monopolies in the media.
3. A prevalence of obstacles exists in relation to implementation of the right to information law, particularly at the local and state level.
4. Criminal defamation laws continue to exist in 21 of the 32 Mexican states.

ARTICLE 19’s key recommendations to the Mexican government are:

• Effective measures should be put in place to respond to attacks – which are carried out in order to limit freedom of expression – on journalists and others. Investigations into attacks should be undertaken by federal powers and it is important to promote the federalisation of these investigations. The Special Prosecutor’s Office for the Attention of Crimes against Journalists (FEADP) should also be strengthened so that it is able to investigate and take action against attacks.
• The legal framework for broadcasting should be fundamentally revised to bring it into line with international standards in this area, including by imposing limits on the concentration of media ownership and by enabling community and independent public service broadcasting.
• All right to information laws in Mexico, at the state and federal levels, should be amended to bring them into line with Article 6 of the Constitution, guaranteeing the right to information. This article must also be respected in practice, when implementing these laws.
• Defamation should be fully decriminalised in all Mexican states. Civil defamation rules should place the onus on public officials to prove the falsity of allegations of fact, should require public officials to tolerate a greater degree of criticism, and should impose overall limits on damage awards.

NOTES TO EDITORS:

• For more information please contact: Cynthia Cárdenas, Legal Adviser, cynthiac@article19.org, +52 55 10546500.
• ARTICLE 19’s Submission to the Mexico Country Report Task Force of the Human Rights Committee is available at: http://www2.ohchr.org/english/bodies/hrc/hrcs96.htm.
• The Government of Mexico presented its report to the Human Rights Committee in compliance with Article 40 of the International Covenant on Civil and Political Rights (ICCPR), in September 2008. Article 40 stipulates that States Parties to the Covenant must submit reports on the measures they have adopted to give effect to the rights recognised by the ICCPR.