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.

Azerbaijan: Civil Society and the Media Out of Immediate Danger?

Azerbaijan: Civil Society and the Media Out of Immediate Danger?

ARTICLE 19 welcomes a decision on 30 June by the parliament of Azerbaijan, the Milli Mejlis, not to adopt the most restrictive proposals in a package of legislative amendments governing civil society and media. However, questions remain as to why these restrictive amendments were proposed in the first place, why some were adopted, and why members of civil society who demonstrated against the amendments were harassed.

Demonstrators, protesting against the adoption of the amendments yesterday, ahead of the parliamentary session in Baku, were not allowed to march towards parliament. They had their placards forcefully taken away, reportedly by plain-clothes national security officers. A previous demonstration on 10 May 2009 also saw members of the public beaten by police and approximately 50 peaceful demonstrators were detained for a number of hours on that day. ARTICLE 19 believes that these incidents are clear infringements of the rights of citizens to freedom of expression and freedom of assembly.

Civil society and independent media organisations have cautiously celebrated the outcome of yesterday’s extraordinary session of the Milli Mejlis, which could have led to the imposition of severe restrictions on their establishment and funding. But they remain concerned that some amendments, which have been adopted, retain restrictive provisions such as those concerning financial reporting and registration of foreign non-governmental organisations. It is unclear why these amendments were adopted and there are concerns about their implementation.

Azerbaijan has ratified the International Covenant on Civil and Political Rights and the European Convention on Human Rights and Fundamental Freedoms, which guarantees the fundamental rights to freedom of expression, freedom of association and freedom of assembly. ARTICLE 19 urges the Azerbaijani government to respect and uphold these rights, cornerstone to human rights protection.

NOTES FOR EDITORS:

• For more information please contact: Nathalie Losekoot, Senior Programme Officer, Europe at Nathalie@article19.org or +44 207 324 2509

Artist Alert June 2009

Artist Alert
June 2009

Art, in any form, constitutes a key medium through which information and ideas are imparted and received. Artist Alert, launched by ARTICLE 19 in 2008, highlights cases of artists around the world whose right to freedom of expression has been curtailed and abused, and seeks to more effectively promote and defend freedom to create.

Since ARTICLE 19 published a report in 2005 entitled Art, Religion and Hatred; Religious Intolerance in Russia and its Effects on Art, artistic expression in Russia remains stifled and artists self-censor their work.

There is no specific law that explicitly bans artists in Russia from exploring certain issues, but in practice artists are harassed, detained and charged for breaching various loosely-defined laws, such as the 2002 law that was established to prohibit expression of nationalist extremism. Police and security services can use vague legislation such as the 2002 law, as well as legal loopholes to instantaneously arrest and detain artists and close down exhibitions.

Russia: artist arrested for collage of Putin

Well-known and influential Russian artist Alexander Shchednov was arrested on June 11 by the FSB whilst displaying a collage in an exhibition in the city of Voronezh.

The collage which depicts the coy-looking head of prime minister Vladimir Putin on the top of a woman’s body, has written on it: “Oh I don't know ... a third presidential ... it's too much, on the other hand .”

Shchednov was arrested whilst attempting to hang the collage, and claims that he was questioned and abused for seven hours before being charged with “uncensored swearing in a public place”.

Russia: trial of curators facing five years imprisonment starts

The trial of Yury Samodurov and Andrey Erofeev for organising an exhibition entitled “Forbidden Art 2006” at the Andrei Sakharov Museum has resumed two years after the nationalist religious organisation, Narodnyj Sobor, submitted a formal complaint.

Samodurov and Erofeev face five years in prison on charges of inciting religious and ethnic hatred under Article 282 of the Russian Penal Code. Examples of some of the art works exhibited included a crucified Lenin and Mickey Mouse as Jesus. Incitement legislation is widely used in Russia to suppress dissent and criticism of government.

Turkey: growing religious conservatism threatens free expression

Turkish author Nedim Gursel believes that increasing religious conservatism is undermining freedom of expression in Turkey in the count down to its European Union candidacy.

In 2009 a Turkish court allowed a case to be brought against Gursel for “insulting religion” and “inciting hatred”. Although Turkey is infamous for charging many authors, including Nobel Laureate Orhan Pamuk, under laws that criminalise insulting “Turkishness”, Gursel argues that increasingly it is the religious establishment that is becoming the bigger threat against freedom of expression.

Gursel is on trial for his book “The Daughters of Allah” against which a case was brought earlier in 2009 on the charges of insulting religion and inciting hatred. The book describes a fictional interpretation of the Prophet Mohammad and his life and joins a number of other publications that are indicted with insulting “Turkishness”.

China: bird’s nest architect under increasing censorship attempts

The designer of the Bird’s Nest Olympic stadium, Ai Weiwei, has come under increasing state censorship since the end of the 2008 Beijing Olympic games. Ai’s blog was shut down by China’s biggest news portal Sina in the run-up to the 20th anniversary of the Tiananmen protests, after he had allegedly refused authorities’ requests not to write anything about the anniversary.

Ai had also asserted in his blog that Chinese security officers were following him and intimidating his family, friends and colleagues, including his 76-year-old mother.

A highly regarded designer and artist, Ai gave the Chinese authorities grounds for disapproval after he began a campaign to expose the reasons why so many schools collapsed during the 2008 Sichuan earthquake.

Mexico: assault of political cartoonist

Prominent political cartoonist Mario Robles from the newspaper Noticias Voz e Imagen de Oaxaca was violently assaulted and subjected to death threats in late April by members of the Institutional Revolutionary Party, which controls the Oaxaca state government.

Cartoons serve a specific purpose in political commentary and can often be more influential, further reaching and create a larger impression than written words. Attacking a cartoonist not only impacts on Robles, but also censors political commentary and denies citizens an opportunity to receive information.

Robles has been a political cartoonist for 30 years and has won the state journalistic award six times. In an interview with ARTICLE 19 Robles asserts that two party campaigners attacked and kicked him repeatedly before warning him that he needed to “modify his cartoons” or they would kill him and his family.

Iran: censorship of book industry pervasive

According to an International Publishers Association investigation, since the election of President Ahmadinejad in 2005, censorship within the Iranian publishing industry is clearly on the rise, with decisions about what gets published becoming more unpredictable, uncertain and arbitrary.

Although the number of titles is slowly rising, the average print run is now only 3,000 compared to an average of 10,000 in the 1970s. This is entirely due to censorship. The Ministry of Culture and Islamic Guidance (MCIG) never officially bans books. Rather, if an author does not hear within two years, they understand that their manuscript has been rejected.

In Iran, an author must obtain permission to print from the MCIG and a licensed publisher must obtain separate permission to distribute. In some cases the author gains permission to print, but the publisher does not gain permission to distribute.

NOTES TO EDITORS:

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

Brazil: Journalist Luiz Flavio Pinto Ordered to Pay US$15,000 for Defamation

Brazil: Journalist Luiz Flavio Pinto Ordered to Pay US$15,000 for Defamation

The Superior Court of the State of Para, in the north of Brazil, ordered journalist Luiz Flavio Pinto to pay approximately US$15,000 for defaming Romulo Maionara, a deceased local businessman.

In the case, Romulo Maionara Jr and Ronaldo Maionara accused Pinto of offending the honour and reputation of their father, a businessman who built the main media group in the region, Grupo Liberal for an article published in Jornal Pessoal, which Pinto runs, in 2005 which claimed that Romulo Maionara was involved in smuggling activities in the 1950s and 1970s. Pinto argued before the court that he was not the first to make these allegations, and presented copies of documents he believes prove that his allegations are general knowledge and also accurate. According to Pinto, such activities were commonplace in the isolated state of Para at that time.

According to Pinto’s calculations, the damage award, which together with legal fees may amount to US$20,000, is equivalent to more than a year of the newspaper's gross income. The Court also ordered Jornal Pessoal to publish a note drafted by the Maionara brothers in full, and forbade Jornal Pessoal from again publishing any statement that could be considered aggressive, defamatory, calumnious or slanderous in relation to Romulo Maionara and his two sons, or face a further US$15,000 penalty.

Pinto, who has 42 years of experience in reporting on environmental devastation and corruption in the Amazon, has in the past been the victim of death threats, physical attacks and dozens of civil and criminal defamation lawsuits. He currently faces 14 other lawsuits filed by the Maionara brothers. ARTICLE 19 is concerned about this decision, which involves allegations of high public interest. The decision fails to elaborate on the basis for finding Pinto’s allegations to be false and does not address the documents presented by Pinto in his defence.

ARTICLE 19 is of the view that in cases involving matters of public interest, the plaintiff should be required to prove the falsity of their allegations. ARTICLE 19’s research indicates that the civil defamation provisions is open to abuse and we have previously expressed concern about the lack of clear standards for civil defamation in Brazil, including as to the size of damage awards. ARTICLE 19 calls on the Brazilian authorities to amend the rules on civil defamation so that they are clear and respect international standards, including as to the burden of proof in cases involving matters of public interest. We also call on the authorities to decriminalise defamation and related crimes.

NOTES TO EDITORS:

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

RUSSIA: EDITOR SUCCUMBS TO HEAD INJURIES

RUSSIA: EDITOR SUCCUMBS TO HEAD INJURIES

A leading editor who reported on corruption in southwestern Russia
succumbed to head injuries he suffered in an attack in April, report the
Committee to Protect Journalists (CPJ) and Reporters Without Borders (RSF).

Vyacheslav Yaroshenko, editor-in-chief of the independent Rostov-on-Don
newspaper "Korruptsiya i Prestupnost" (Corruption and Crime), was found
unconscious with a head wound in the entrance of his apartment building on
30 April. He was hospitalised with skull and brain trauma, underwent
surgery, and spent five days in a coma, his deputy, Sergei Sleptsov, told
CPJ at the time.

On 29 June, Yaroshenko was operated on again, but did not survive.

According to CPJ, Sleptsov said he believes Yaroshenko was attacked in
retaliation for his newspaper's work. In the weeks before the incident,
"Korruptsiya i Prestupnost" had reported on corruption allegations
involving Rostov law enforcement agencies. "I don't have even the smallest
doubt," Sleptsov told the opposition news website Kasparov. "Our newspaper
was published on eight pages; seven of them were allotted to corruption in
the law enforcement structures."

Rostov law enforcement officials have given conflicting accounts of what
happened to Yaroshenko in April, first saying that he was injured in a
street fight, then later that he hurt himself by falling down the stairs in
his apartment building. According to Sleptsov, they had immediately ruled
out criminality.

Sleptsov said that the paper is carrying out its own investigation into the
editor's death.

Russia is the third deadliest country in the world for journalists and the
ninth worst in solving reporters' killings, according to CPJ. In a 25 June
letter, CPJ urged U.S. President Barack Obama to address the pressing issue
of impunity in violent crimes against the press when he meets with Russian
President Dmitry Medvedev in Moscow this week.

Meanwhile, Russia's Supreme Court has overturned the acquittals of three
men accused of involvement in the October 2006 murder of reporter Anna
Politkovskaya, allegedly because of procedural violations during the trial,
reports CPJ.

Related stories on IFEX.org:
- Independent editor dies in hospital:
http://www.ifex.org/russia/2009/07/01/editor_dies/
- Obama should address Russian impunity in upcoming summit, says CPJ
http://www.ifex.org/russia/2009/06/29/impunity_letter/
- Supreme Court orders retrial in Politkovskaya murder:
http://www.ifex.org/russia/2009/06/29/politkovskaya_suspects_retrial/

More on the web:
- Shock at death of newspaper editor who was badly beaten two months ago
(RSF): http://www.rsf.org/Shock-at-death-of-newspaper-editor.html

SRI LANKA: GOVERNMENT RESURRECTS DRACONIAN PRESS COUNCIL

SRI LANKA: GOVERNMENT RESURRECTS DRACONIAN PRESS COUNCIL

Sri Lanka is planning to revive the now defunct Press Council amid
continuing tension between the authorities and independent newspapers,
report the Free Media Movement (FMM), the Committee to Protect Journalists
(CPJ), the International Federation of Journalists (IFJ) and Reporters
Without Borders (RSF).

Media Minister Lakshman Yapa Abeywardena confirmed on 24 June that the
government plans to resurrect the council, which was created in 1973 but
suspended in 2002.

The council has the powers to heavily fine journalists and publishers and
send them to prison. According to IFJ, the council can also prohibit some
content, such as internal government communications and stories that might
be deemed "prejudicial to national security."

"Sri Lanka was one of the first countries in Asia to decriminalise press
offences. Now the government wants to turn the clock back and impose
controls that that will be a permanent threat hanging over the media," said
RSF.

According to CPJ, eight Sri Lankan media rights groups, including IFEX
member FMM, wrote a letter last week to President Mahinda Rajapaksa
condemning the council's comeback. "A media culture cannot be based on
slapping charges against journalists, fining them or sending them to jail.
Instead the modern world has accepted a self-regulatory mechanism by media
persons as the way forward," they wrote. The letter reminded the President
that he had himself defended the decriminalisation of press offences to
parliament in 2002.

According to RSF, the President's brother, Defence Minister Gotabaya
Rajapaksa, has publicly voiced regret that Sri Lanka abolished jail
sentences for press offences. He brought a libel suit against the Leader
Publications newspaper group that led to the group being ordered to publish
nothing about him. Nonetheless, "The Sunday Leader" published a profile of
him in May and as a result its editors have been ordered to appear in court
on a contempt charge later this month.

CPJ reports that the pressure on Sri Lankan journalists is as intense as it
was during the height of the war with the Tamil Tigers earlier this year;
many of them have stopped writing and others have fled the country. The
revival of the press council is not surprising, says CPJ, as it's "the sort
of tool we've seen in many countries where the government is intent on
silencing critics."

Abeywardena said the decision was taken after a parliamentary committee
"discovered" that the government was still paying for the council even
though it was not doing anything.

Related stories on IFEX.org:
- Government revives harsh press law:
http://www.ifex.org/sri_lanka/2009/06/26/press_law_revived/

More on the web:
- With Press Council, Sri Lanka revives a repressive tool (CPJ):
http://cpj.org/blog/2009/06/with-press-council-sri-lanka-revives-a-repressive.php
- Press Council's restoration would be "dangerous step backwards" (RSF):
http://www.rsf.org/Press-Council-s-restoration-would.html
- Profile of Gotabaya Rajapaksa (The Sunday Leader):
http://www.thesundayleader.lk/20090524/profile.htm

PHILIPPINES: ANOTHER JOURNALIST GUNNED DOWN

PHILIPPINES: ANOTHER JOURNALIST GUNNED DOWN

Police in the Philippines must step up investigations into journalist
killings following the murder of a radio commentator last week, the fourth
Filipino journalist to be killed in June, say the Committee to Protect
Journalists (CPJ), the International Federation of Journalists (IFJ) and
Reporters Without Borders (RSF).

A masked gunman shot and killed Jonathan Petalvero on 27 June in a
restaurant in Bayugan, a small town on the southern island of Mindanao,
according to the National Union of Journalists of the Philippines (NUJP),
an IFJ affiliate. Petalvero, who hosted a radio programme on DXFM station,
was declared dead on arrival at the local hospital.

"While a direct connection between Petalvero's murder and his work as a
journalist has not yet been verified, there is no doubt that this type of
attack is consistent with the horrific pattern of antagonism against radio
broadcasters in the Philippines," IFJ said.

The Philippine national police have established a task force (Task Force
USIG) to investigate media killings in the Philippines, which occur
frequently and with near total impunity, says CPJ.

"Until the crimes are successfully investigated, June's surge of violence
against the press will undermine the confidence of Philippine journalists,"
said CPJ. "It is essential that Task Force USIG respond at once to identify
the attackers and protect witnesses who could assist in successful
prosecutions."

Petalvero's commentary aired as "block-time" broadcasting, a common
practice in the Philippines in which commentators buy airtime from local
stations and solicit their own advertising. A number of block-time
broadcasters have been killed in recent years.

In this case, Petalvero's commentary aired on a station owned by a local
politician, according to NUJP. Petalvero was known for his hard-hitting
commentaries about corruption within the community. He also planned to run
for a position on the local council in 2010.

The Philippines ranks sixth worldwide among countries that fail to
prosecute cases of journalists killed for their work, according to CPJ's
Impunity Index. CPJ's Global Campaign Against Impunity seeks justice in
journalist murders in cooperation with local partners, such as IFEX member
the Center for Media Freedom and Responsibility.

Related stories on IFEX.org:
- Radio broadcaster shot dead:
http://www.ifex.org/philippines/2009/07/01/broadcaster_killed/

GUERRILLA TECHNIQUES FOR ONLINE ACTIVISM

GUERRILLA TECHNIQUES FOR ONLINE ACTIVISM

IFEX often reports on journalists who have been violently attacked or
killed while on the job, or who have been slapped with defamation suits -
two of the greatest threats to free expression. So how do you, as a
reporter, escape unscathed and write without fear or favour?

The Southeast Asian Centre for e-Media, a partner of the Netherlands-based
foundation Free Voice, has come up with "Guerrilla Techniques for Online
Activism" for online journalists and bloggers to freely "pursue their
advocacy goals."

Using examples from Malaysia during its election year, the centre outlines
some "common guerrilla techniques," such as using multiple anonymous
identities, or teaming up with a ghost writer in another (safer) country
who will publish articles as if s/he is the one writing them. The guide
also offers tips on how you can protect yourself from government detection,
including by getting circumvention software from Sesawe.net.

Read more Guerrilla Techniques for Online Activism (English only):
http://www.freevoice.nl/weblog/view/425/

MEXICAN CARTOONIST WINS CRNI'S AWARD FOR COURAGE

MEXICAN CARTOONIST WINS CRNI'S AWARD FOR COURAGE

Cartoonists Rights Network International (CRNI) has bestowed this year's
Award for Courage in Editorial Cartooning to Mexican cartoonist Mario
Robles.

Robles, who works for the newspaper "Noticias Voz e Imagen" in Oaxaca, was
assaulted on 19 April for a cartoon that poked fun at the Institutional
Revolutionary Party (PRI) over a crack down on public demonstrations.

For more information and to see the controversial cartoon, see: Mexican
cartoonist receives CRNI Award for Courage in Editorial Cartooning:
http://www.ifex.org/mexico/2009/07/07/crni_award/

ACCESS TO INFORMATION ACTION PLAN IN FORCE IN AMERICAS

ACCESS TO INFORMATION ACTION PLAN IN FORCE IN AMERICAS

Free expression advocates in the Americas have some cause to celebrate:
access to information laws are now on the books in half of the countries in
the region, while in almost all of the rest draft bills are under
discussion or are just moments away from being passed into law.

But some countries continue to struggle with implementing the laws, and
some are even backsliding. In other countries, access to info laws are
rarely used.

To the rescue is the Americas Regional Plan of Action, a blueprint to
advance the right of access to information in the Americas, developed at
the Americas Regional Conference on the Right of Access to Information in
April in Lima, Peru.

More than 115 representatives from government, civil society, media,
regional intergovernmental organisations, financial institutions and donors
from 18 countries in the region came together to consider the main
obstacles and potential solutions to this right.

The group agreed that states have a special obligation to disclose
information related to human rights violations or corruption - especially
in the Americas, where state-sponsored human rights violations, including
those committed under the guise of the"global war on terror," have been
"allowed to flourish under the veil of state secrets."

Chairing the final day of the conference, former U.S. President Jimmy
Carter reminded those gathered that "access to information can change the
landscape of society" as it provides citizens a tool to hold government
accountable, improve development, and assure greater security, as well as
being a fundamental human right.

The conference was organised by The Carter Center in collaboration with the
Organization of American States, the Andean Jurist Commission and the
Knight Center for Journalism in the Americas. The regional document serves
as an annex to last year's global Atlanta Declaration and Plan of Action.

Read the full Americas Regional Findings and Plan of Action and the Atlanta
Declaration for the Advancement of the Right of Access to Information:
http://www.cartercenter.org/peace/americas/ati_conference/2009/index.html

CHINA: BEIJING BACKS OFF FROM FILTERING TOOL; UIGHUR PROTESTS BLAMED ON INTERNET

CHINA: BEIJING BACKS OFF FROM FILTERING TOOL; UIGHUR PROTESTS BLAMED ON
INTERNET

China has indefinitely postponed the rollout of its much criticised
Internet filtering tool, say the Committee to Protect Journalists (CPJ) and
news reports.

The Chinese government has backed away from a "hastily conceived directive"
that all new PCs should carry filtering software from 1 July, allegedly to
allow overseas PC vendors extra time to prepare for the law, says CPJ. No
new deadline has been given.

But Internet activists and bloggers who had opposed the software as
intrusive and unsafe also took credit for the rollback.

In May, the Ministry of Industry and Information Technology told PC vendors
that they had six weeks to include the filtering software Green Dam on all
news systems sold in China, which would be paid for by public funds in the
first year.

Green Dam, which has already been installed on many school computers in
China, was ostensibly conceived to shield children from harmful content
such as pornography. But opponents of the measure argued that the software
could be used to filter other types of stories and could tighten China's
control of the Internet.

The move drew criticism from many IFEX members and other rights groups. A
group of Chinese citizens opposed to the law were planning to conduct a
one-day boycott of the Internet in protest.

CPJ points out a potential future avenue for campaigning: the U.S. Commerce
Department voiced concern that the directive violated international trade
rules.

Meanwhile, the Chinese authorities are accusing foreign activists of using
the Internet to incite violent protests this week in Xinjiang, report the
Committee to Protect Journalists (CPJ), Reporters Without Borders (RSF) and
Voice of America (VOA).

The Uighurs, a mostly Muslim ethnic group with cultural and linguistic ties
to Central Asia who have long desired autonomy from Beijing, have used the
Internet to rapidly spread images from what they say was a provocative
government crackdown on a peaceful demonstration. Chinese authorities say
156 people died on 5 July when Uighurs took to the streets to protest a
brawl between Han Chinese and Uighurs in Guangdong last month.

At a news conference on 6 July, Xinjiang's police chief Liu Yaohua singled
out the Internet, describing it as the main medium that foreigners use to
communicate with Uighurs in China, reports VOA.

The government has removed all Internet references to the protest, and
blocked social networking sites and disabled the Twitter messaging system,
reports RSF. The authorities claim the interruption was done legally, and
is necessary to maintain social stability.

Interestingly, the mainstream Chinese media has "embraced images" of the
clashes, which are working to stoke the Han majority's outrage against the
Uighur protesters, says CPJ.

Related stories on IFEX.org:
- Beijing tells computer makers to install web blocking software:
http://www.ifex.org/china/2009/06/17/filtering_software/

More on the web:
- China postpones installation of filtering software... for now (CPJ):
http://cpj.org/blog/2009/06/china-postpones-installation-of-filtering-software.php
- China delays rollout of Green Dam filtering tool (V3.co.uk):
http://www.v3.co.uk/v3/news/2245127/china-delays-rollout-filtering
- Independent reports about Xinjiang rioting censored in China (RSF):
http://www.rsf.org/spip.php?page=article&id_article=33724
- Some surprises, some old news in Xinjiang (CPJ):
http://cpj.org/blog/2009/07/china-some-surprises-some-old-news-in-xinjiang.php#more
- Chinese authorities blame Internet for fanning Uighur anger (VOA):
http://www.voanews.com/english/2009-07-08-voa13.cfm

SOMALIA: RADIO REPORTER KILLED IN MOGADISHU

SOMALIA: RADIO REPORTER KILLED IN MOGADISHU

Another journalist has been killed in violence-ridden Mogadishu, report the
National Union of Somali Journalists (NUSOJ), Reporters Without Borders
(RSF) and the International Federation of Journalists (IFJ).

Mohamud Mohamed Yusuf, a journalist for the private station Radio Holy
Quran, was shot in the stomach twice as he was covering the fighting on 4
July in the neighbourhoods surrounding the station, says NUSOJ.

Yusuf, 22, died after being left on the side of the road for almost three
hours. Fighters shot at anyone who tried to take the journalist to the
hospital.

According to NUSOJ and RSF, Yusuf is the sixth journalist to be killed in
Somalia this year and the second from Radio Holy Quran. Nur Muse Hussein
was shot in April while covering clashes in Beledweyn, north of Mogadishu,
and died of his injuries a month later.

Related stories on IFEX.org:
- Journalist killed in Mogadishu, NUSOJ demands immediate end of
hostilities:
http://www.ifex.org/somalia/2009/07/06/sixth_journalist_killed/

More on the web:
- Radio reporter shot dead in Mogadishu (RSF):
http://www.rsf.org/Radio-reporter-shot-dead-in.html
- IFJ renews call for protection of journalists in Somalia after latest
murder in Mogadishu:
http://www.ifj.org/en/articles/ifj-renews-call-for-protection-of-journalists-in-somalia-after-latest-murder-in-mogadishu

. HONDURAS: PRESS FREEDOM VIOLATIONS CONTINUE POST-COUP

HONDURAS: PRESS FREEDOM VIOLATIONS CONTINUE POST-COUP

Amid a continuing climate of media harassment after the coup, a
correspondent for Radio América was killed by an unidentified gunman on 3
July in northern Honduras, report Comité por la Libre Expresión (C-Libre),
the Committee to Protect Journalists (CPJ) and Reporters Wihout Borders
(RSF). Although the killing may not be linked to the crisis, press freedom
continues to suffer in the coup's aftermath, say the members.

Gabriel Fino Noriega, who also worked for Channel 9 and the local radio
station Estelar, was gunned down as he was leaving Estelar in San Juan
Pueblo, Atlántida, says C-Libre. Local police say he was shot at 11 times
and died en route to the hospital.

The political crisis following the ouster of President Manuel Zelaya on 29
June has seriously affected the press freedom climate in Honduras but CPJ
says initial reports have not connected the killing to the coup, according
to Honduran station Radio América.

However, the office of Radio América in Tegucigalpa was itself attacked
with explosives last week, and a grenade was thrown at Channel 11's
headquarters in the capital on 4 July, say C-Libre and RSF.

"We are under so much pressure that if we even make an error in the number
of people who are at a march we become the target of threats via messages
and phone calls. We are in a difficult situation unlike any we have
experienced before in our lives as journalists," said Nancy Jhon, a Channel
11 journalist.

Many of the stations that did not support the coup have been taken off the
air, forced to devote significant coverage to demonstrations in favour of
the new government, or harassed by the military.

Nahún Palacios, the director of Canal 5 TV, said that security forces
assaulted him and raided his station on 30 June, seizing his equipment and
destroying the facilities, after he broadcast images of pro-Zelaya
protests, reports C-Libre.

Palacios fears for his life. "Armed men grabbed my children, they raided my
home," he said. "In Honduras, we have lost the constitutional guarantees
afforded to citizens. A person is worth nothing. No one can talk about
anything."

Later, the armed forces called a meeting for local journalists and warned
them not to report on the coup.

Reporter Luis Galdamez, who hosts a show on the independent station Radio
Globo Honduras, is back on the air but the military told him not to
criticise the new government. According to RightsAction.org, he refuses to
be silent, but he's scared. "I get death threats every day. I don't even
read my text messages anymore, they're so grotesque," he said.

International condemnation of the coup was swift and near-unanimous, as
countries moved to isolate the interim leadership. The Organisation of
American States passed a resolution on 4 July suspending Honduras from the
OAS.

Zelaya tried to return to Honduras on 5 July. But the military blocked his
plane from landing and warded off more than 100,000 supporters. Two
protesters were killed and at least 10 were wounded in the clashes, reports
Human Rights Watch.

Related stories on IFEX.org:
- Television director in Aguán another victim of assault on freedom of
expression: http://www.ifex.org/honduras/2009/07/07/nahun_palacios_victim/

More on the web:
- C-Libre blog: http://www.conexihon.com/blog
- Media in coup storm (RSF): http://www.rsf.org/Media-in-coup-storm.html
- Evidence suggests soldiers shot into unarmed crowd (Human Rights Watch):
http://www.hrw.org/en/news/2009/07/08/honduras-evidence-suggests-soldiers-shot-unarmed-crowd
- No press freedom in post-coup Honduras (RightsAction.org):
http://www.rightsaction.org/Alerts/Honduran_coup_alert13_070409.html

Mexico: The Right to Freedom of Expression of Activists Threatened by Homophobia

19 June 2009

Mexico: The Right to Freedom of Expression of Activists Threatened by Homophobia
ARTICLE 19, together with local partner organisations in Mexico, is calling on the Governor of the State of Mexico, Enrique Peña Nieto, to investigate several sustained attacks against Agustín Estrada Negrete, a special needs school teacher, and his lawyer, Jaime Genaro López Vela.
In 2008, Negrete, Director of the Centro de Atención Multiple, a special needs school in the State of Mexico was pressured into taking a leave of absence, after he had appeared in a demonstration on the International Day against Homophobia in May 2007. He was threatened and suffered different forms of discriminatory behaviour after this event, partly because images identifying him at the demonstration had been published in the newspaper.

In February 2009, he returned to work after the designated break, only to be informed he would not be welcome back at the institution if he continued to be open about his sexuality.

On 8 May, Negrete arrived at the Office of the Public Prosecutor's office to argue his case. A group of supporters, comprising parents from the school, were refused entry and began a peaceful protest outside. Negrete and his lawyer, human rights defender Jaime Genaro López Vela, were arbitrarily detained and beaten at this time. Negrete was later imprisoned in a maximum security facility where he was beaten, raped, and held incommunicado until the following day. He has subsequently been refused permission to file his official complaint and has received little assistance from the State Human Rights Commission.

On 20 June, Mexico City will host its annual Gay Pride Parade and ARTICLE 19 is using this opportunity to call attention to the human rights abuses endured by many gay, lesbian, bisexual, transgendered and intersex people in Mexico.

Freedom of expression and equality are fundamental rights, whose realisation is essential for the enjoyment and protection of all human rights. This is a principle espoused in ARTICLE 19's Camden Principles on Freedom of Expression and Equality, which says that pluralism and diversity are hallmarks of free expression.

International law recognises that every person is entitled to equal protection of the law and ARTICLE 19, together with CENCOS and Agenda LGBT, believes that Agustín Estrada Negrete is being denied this right. We call on the authorities to protect Negrete, investigate the attacks against him and Vela, and ensure that their attackers are brought to justice.

We also call on the Governor to ensure that Negrete is reinstated in his position as Director of the Centro de Atención Multiple.

ARTICLE 19, CENCOS, and Agenda LGBT call on the federal authorities, in keeping with their international human rights obligations, to ensure a secure environment for expressing sexual diversity throughout the country. It is necessary to strengthen the bodies that have been put in place to fight discrimination, and also to raise awareness and build capacity among all state authorities dealing with sexual diversity.

"Homophobia remains a major issue in Mexico," says Darío Ramírez, Director of ARTICLE 19: Mexico. "The media also needs to be sensitive to the consequences of its coverage of individuals who may suffer huge repercussions from public exposure. The media must take an ethical and responsible approach to covering gender and sexual diversity."

The media plays a critical role in forming opinions and establishing social norms, and they have the ability to combat prejudice through fair coverage and the promotion of diversity of ideas and opinions.

ARTICLE 19, CENCOS, and Agenda LGBT call on the national and local media to:
" Put in place effective ethical and self-regulatory codes of conduct which prohibit discrimination against the LGBTI community and which promote a LGBTI-sensitive approach to media work;
" Design and deliver media training programmes which promote a better understanding of issues relating to sexual and gender identity, homophobia and discrimination;
" Play an active role in combating prejudice against and misinformation about the LGBTI community.

United Kingdom: ARTICLE 19 Welcomes Judgment on Confidentiality of Journalistic Sources

24 June 2009
United Kingdom: ARTICLE 19 Welcomes Judgment on Confidentiality of Journalistic Sources

ARTICLE 19 welcomes the landmark ruling of the High Court in Belfast in the case of investigative journalist, Suzanne Breen, which decided that a court order forcing her to hand over her notes would have threatened her life and the lives of her family, and compromised the protection of her sources.

The Police Service of Northern Ireland (PSNI) had sought a court order forcing Ms Breen, the Northern Ireland editor of the Dublin-based Sunday Tribune, to hand over her mobile telephone, computer records and notes about the Real IRA, following the publication of stories relating the murder of two soldiers. Ms Breen had received the group's claim of responsibility for the murder of the soldiers at the Massereene Barracks in Antrim in March. Ms Breen argued that, if she had complied with such an order, she would have placed her own life, and the lives of her partner and 14-month-old child, at risk.

The judge, His Honour Tom Burgess, concluded in his judgment that "the concept of confidentiality for journalists protecting their sources is recognised in law", specifically under the Terrorism Act of 2000 and the European Convention on Human Rights, Article 10. The judge emphasised that the material sought by the PNSI would have been covered by the obligation of confidentiality that Ms Breen owed to her sources. In his view, the risk to Ms Breen would have been "greatly increased" if she had revealed her sources.

Judge Burgess stated: "There is objective evidence that we are dealing with a ruthless and murderous group of people who would regard any handing over of any information in the possession of Ms Breen over and above the publication of their claim for responsibility, as exposing her to be treated as a legitimate target with the murderous consequences that could and may follow from that."

ARTICLE 19 views this judgment as an especially important victory for press freedom in the UK, especially since the PNSI submitted evidence at a private hearing and offered no public evidence in support of their application in reliance upon the Terrorism Act 2000. The judgment supports journalists' right to protect their sources, which has been widely recognised in international and regional human rights law.

NOTES TO EDITORS:

o For more information please contact: Sejal Parmar sejal@article19.org, +44 20 7324 2500.
o The judgment in the case is available at: http://www.courtsni.gov.uk/NR/rdonlyres/F8BAA113-F6B7-4D57-9138-DCCE1DD34B93/0/j_j_County117Final.htm