Friday, January 31, 2014

New report calls on Ethiopia to reform repressive anti-terror law




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Ethiopia’s use of sweeping anti-terrorism law to imprison journalists and other legislative restrictions are hindering the development of free and independent media in Africa’s second largest country, according to a report published by The World Association of Newspapers and News Publishers (WAN-IFRA) and the International Press Institute (IPI).
Dozens of journalists and political activists have been arrested or sentenced under the Anti-Terrorism Proclamation of 2009, including five journalists who are serving prison sentences and who at times have been denied access to visitors and legal counsel. The report, “Press Freedom in Ethiopia”, is based on a mission to the country carried out in November 2013 by WAN-IFRA and IPI.
“Despite a strong constitutional basis for press freedom and freedom of information, the Ethiopian government has systematically used the anti-terrorism law to prosecute and frighten journalists, which has put a straight-jacket on the media,” IPI Executive Director Alison Bethel McKenzie said. “Our joint mission also found a disturbing pattern of using other measures to control the press and restrict independent journalism, including restrictions on foreign media ownership and the absence of an independent public broadcaster.”
The report urges the Ethiopian government to free journalists convicted under the sedition provisions of the 2009 measure.  Mission delegates were barred access to the journalists, who are being held at Kaliti Prison near the capital Addis Ababa.
"We call on the Ethiopian government to release all journalists convicted under the sedition provisions of the country’s 2009 anti-terrorism laws, including Eskinder Nega, Solomon Kebede, Wubset Taye, Reyot Alemu, and Yusuf Getachew”, WAN-IFRA President, Tomas Brunegård said. "Ethiopia's economic and social development is paramount to peace and prosperity in the horn of Africa and whilst the misuse of its anti-terror legislation continues, that peace and prosperity is at risk".
The report urges the 547-member lower house of parliament to revamp the anti-terror law to ensure that it does not trample on the rights of freedom of speech and assembly provided under Article 29 of the Ethiopian Constitution and further guaranteed under the African Charter on Human and People’s Rights and the U.N. Human Rights Covenant, which Ethiopia has ratified.
In addition, the report:
- Recommends that Ethiopian lawmakers review laws that bar foreign investment in media, measures that inhibit the development of an economically viable and diversified market.
- Urges the courts to ensure that rulings restrict press freedom only in cases of intentional incitement or clear participation in acts of terrorism, and that judges act independently to protect the public’s right to be informed about political dissent and acts of terrorism.
- Urges Ethiopia’s journalists and media owners to step up cooperation to improve professionalism and independence, and to form a unified front to defend press freedom.
The joint IPI/WAN-IFRA mission was carried from Nov. 3 to 6, just ahead of the African Media Leaders Forum (AMLF) in Addis Ababa. The organisations’ representatives met with more than 30 editors, journalists, lawyers, politicians and bloggers, as well as associates of the imprisoned journalists. The delegation also held meetings with the ambassadors of Austria and the United States, a senior African Union official, an Ethiopian lawmaker and government spokesman Redwan Hussien.
The organisations urged Prime Minister Hailemariam Desalegn to free the imprisoned journalists, some of whom are suffering from deteriorating health. In a joint statement issued immediately following the mission, IPI and WAN-IFRA also expressed their commitment to helping improve the professionalism, quality and independence of journalism in Ethiopia.
While the report highlights a long history of press freedom violations in Ethiopia, including a crackdown on journalists and opposition politicians following the country’s 2005 national elections, it notes that the 2009 anti-terrorism law has given the government expansive powers.
“The 2009 anti-terrorism law gave new powers to the government to arrest those deemed seditious, including journalists who step beyond the bounds of politically acceptable reporting or commentary,” the report says. “Armed with statutory authority, the government has not shied from using the laws to bludgeon opposition figures and journalists. Dozens of journalists have been imprisoned or accused of sedition or fomenting unrest, forcing many to flee the country.”
The report notes other forms of pressure by the government. Independent journalists recalled being the target of smear campaigns by state-run media, while editors recounted that managers of the government-run printing press refused to print editions of newspapers containing controversial articles.
The report does note positive developments, such as the growth in advertising and readership for some of the country’s leading independent newspapers. Journalists and newspaper publishers also expressed a desire to improve professionalism, quality and solidarity; although they added that government pressure and laws continue to create hurdles to self-regulation and cooperation.
“We came away from Ethiopia recognising the tremendous potential for a highly competitive, professional and successful media market in Ethiopia,” Bethel McKenzie said. “But to make this happen, the Ethiopian government must remove the roadblocks, starting with the release of imprisoned journalists and then conduct a thorough review of the laws to ensure that reporting on legitimate criticism or dissent is not grounds for prosecution.”

Attachments



Report



• Wubset Taye (imprisoned in June 2011) - Awramba Times • Reeyot Alemu (imprisoned in June 2011) – Feteh • Eskinder Nega (imprisoned in September 2011) – Satenaw  9 • Yusuf Getachew (imprisoned in July 2012) - Muslim Affairs • Solomon Kebede (imprisoned in April 20130 – Muslim Affairs





PRESS FREEDOM IN ETHIOPIA IPI/WAN-IFRA Press Freedom Mission Report | November 2013        OVERVIEW  From Nov. 3-6, 2013, the International Press Institute (IPI) and the World Association of Newspapers (WAN-IFRA) carried out a joint fact-finding mission to Ethiopia, where five journalists have been imprisoned since 2011 and numerous others have been tried in absentia under the country’s anti-terrorism law.  The joint mission met with editors, journalists, lawyers, politicians and bloggers as well as associates of the imprisoned journalists to discuss the media climate in the country. The delegation also held meetings with diplomats and Redwan Hussien, the government spokesman who engaged in a frank, two-hour discussion with IPI and representatives of another organisation, the African Media Initiative.
The WAN-IFRA/IPI fact-finding mission represented a rare opportunity for two of the world’s leading press freedom and publishing organisations to get firsthand information and question journalists and other stakeholders. It also gave the delegation the opportunity to learn of the challenges journalists and publishers face, including self-censorship, restrictions on foreign media ownership and the dominant position played by state-run radio and television.  The mission was held in advance of the African Media Leaders Forum, held Nov. 6-8 in the Ethiopian capital of Addis Ababa, which provided an additional platform for discussion of the challenges faced by Ethiopian journalists. The forum was also an opportunity to highlight the press freedom challenges in Ethiopia and across Africa through a panel chaired by IPI Executive Director Alison Bethel McKenzie. A second panel,“Classified, Censored, Imprisoned - Why Media Laws Need Reform,” was chaired by WAN-IFRA Press Freedom Director Alison Meston.        
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PRESS FREEDOM IN ETHIOPIA IPI/WAN-IFRA Press Freedom Mission Report | November 2013   The mission comprised IPI Executive Director Alison Bethel McKenzie and WAN-IFRA President Tomas Brunegård; IPI board members Ferial Haffajee, editor-in-chief of City Press in South Africa, and Kabiru Yusuf, chairman of Media Trust Ltd. in Nigeria; Alison Meston, press freedom director for WAN-IFRA; and Timothy Spence, IPI senior press freedom adviser for Africa and the Middle East.  Regrettably, Prime Minister Hailemariam Desalegn’s office did not respond to repeated requests for a meeting. But in an address before delegates of the AMLF, the prime minister said his government planned to increase the capacity of the media and is encouraging the news media to establish their own self-regulatory mechanisms. “There is always room for improvement and as a developing country, we are open to suggestions on improving our media industry,” said Hailemariam, making no mention of the imprisoned journalists.  IPI/WAN-IFRA also were not granted access to the imprisoned journalists. 

Despite the enormous challenges facing the news media in Ethiopia, the delegation did take note of many positive developments and sees that Ethiopia’s large population (85 million ) 1 and promising economy offer fertile territory for a successful and competitive news environment. The delegation noted that some newspapers report a healthy growth in advertising and readership. There is also greater evidence of a willingness of print publishers to cooperate on joint investment in printing presses to unlock the virtual monopoly held by the state. There is an evident desire among journalists themselves to improve professionalism and the quality of their media, as well as undertake professional exchanges with other African countries – although many acknowledged that government pressure and self-censorship continue to hold down the potential for quality, independent journalism.  Based on the visit and numerous productive discussions, IPI and WAN-IFRA:  • Call on the Ethiopian government to immediately free all journalists convicted under sedition provisions of the country’s 2009 anti-terrorism law. These journalists include Solomon Kebede, Wubset Taye, Reeyot Alemu, Eskinder Nega and Yusuf Getachew. • Urge the 547-member lower house of parliament to revamp the anti-terror law of 2009 to ensure that it does not trample on the rights of freedom of speech and assembly provided under Article 29 of the Constitution and further guaranteed under the African Charter on Human and People’s Rights and the UN’s Universal Declaration, which Ethiopia has ratified. Specifically, lawmakers need to reconsider sections 2(6), 4 and 6 of the anti-terrorism law that have been used to prosecute dozens of journalists and opposition politicians who challenge government policies. • Call on Ethiopian lawmakers to review laws that bar foreign investment in media, measures that inhibit the development of an economically viable and diversified
 United Nations Statistics Division (2011 estimate), http://data.un.org/CountryProfile.aspx? 1 crName=ethiopia#Summary. Ethiopia is Africa’s second most populous country, after Nigeria.
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PRESS FREEDOM IN ETHIOPIA IPI/WAN-IFRA Press Freedom Mission Report | November 2013 
market. • Urge the Ethiopian courts to ensure that rulings restrict press freedom only in cases of intentional incitement or clear participation in acts of terrorism, and that judges act independently to protect the public’s right to be informed about political dissent and acts of terrorism. • Urge Ethiopia’s often-fragmented and partisan media to step up cooperation to improve professionalism and independence, and to form a unified front to defend press freedom. • Call on publishers to pursue joint investment in media training, distribution and infrastructure. Increased cooperation between news organisations would foster a freer and more conducive environment for competition in news gathering and reporting.  IPI and WAN-IFRA also stand by to help transform the media climate in Ethiopia, by offering help to lawmakers in revamping media and anti-terror legislation, and to assist in improving the quality of reporting, particularly ahead of scheduled parliamentary elections in 2015. While the IPI/WAN-IFRA representatives saw a broad commitment among journalists to electoral coverage based on sound, in-depth reporting, there is concern about the current level of determination to cover national elections through neutral but vigorous reporting, as well as a palpable fear of government reprisal.   MISSION MEETINGS  The IPI/WAN-IFRA fact-finding mission represented a rare opportunity for the leading press freedom and publishing organisations to get firsthand information and face-to-face contact with journalists and other stakeholders. It also gave the delegation the opportunity to freely discuss the challenges journalists and publishers face, including restrictions on foreign media ownership and near-total state dominance of radio and television.  The joint mission met with more than 30 editors, journalists, lawyers, politicians and bloggers as well as associates of the imprisoned journalists to discuss media challenges in the country. The delegation also solicited written comments from the African Union rapporteur on freedom of expression, Pansy Tlakula, who was not in Addis Ababa during the mission. In addition, mission representatives met with:  • Austrian Ambassador Dr. Gudrun Graf • US Ambassador Patricia M. Haslach • Heinz Habertheuer, head, Austrian Development Cooperation Office in Ethiopia • Redwan Hussien, spokesman for the Ethiopian government • Ambassador Jean-Baptiste Natama, chief of staff to the chairwoman of the African Union Commission  However, due to the cautious political environment in the country, representatives of IPI and WAN-IFRA agreed to meet with journalists, politicians, media activists, lawyers and
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PRESS FREEDOM IN ETHIOPIA IPI/WAN-IFRA Press Freedom Mission Report | November 2013 
associates of the imprisoned journalists on the condition of anonymity.  At least two 2 journalists who initially agreed to meet with the delegation declined at the last minute, expressing concern that they might be under surveillance by the security services.  In a joint statement following the mission, IPI and WAN-IFRA expressed appreciation for the willingness of a broad cross-section of officials and media representatives to meet with the delegation but regretted that restrictions barred representatives from seeing the imprisoned journalists. IPI and WAN-IFRA also expressed appreciation for the Ethiopian government’s commitment to equitable and sustainable development in one of the world’s poorest countries. But the organisations also emphasised that strong news media, including an independent public broadcaster, play an invaluable role in achieving those objectives. 3   BACKGROUND  Ethiopia has had a history of government control over the news media, with state radio, television and newspapers serving as little more than mouthpieces for those in power during the reign of Emperor Haile Selassie and the military junta, or Derg, that followed him. After the overthrow of the Soviet-backed Derg, the transitional government introduced a new Constitution in 1995, with Article 29 providing for freedom of speech, expression and the media. But in practice the constitutional guarantees have provided little cover for journalists. 4  The news media – mostly newspapers and foreign-based Internet sites – did enjoy a period of relative openness in the decade after the constitution was ratified. Dozens of independent newspapers and opposition publications appeared in Addis Ababa, although many were of poor quality and struggled financially.  Also around this time, the first private journalism training schools began to open while Addis Ababa University expanded its journalism programme with international support. IPI sent representatives to Ethiopia in 2004 to help shape emerging media legislation, including a provision that for the first time allowed a limited number of licences for private radio stations.
 Anonymous sources of information are not ideal in either news coverage or reports such as this. However, IPI 2 and WAN-IFRA agreed to guard the identity of the non-public officials interviewed for this report. Unless oth- erwise quoted directly, the comments and observations in this report are backed by multiple sources and/or per- sonal observations of delegation members.
 “IPI, WAN-IFRA end four-day Ethiopia mission with joint call for release of imprisoned journalists,” IPI, 3 Nov. 7, 2013, http://www.freemedia.at/home/singleview/article/ipi-wan-ifra-end-four-day-ethiopia-mission- with-joint-call-for-release-of-imprisoned-journalists.html
 The country has also ratified the African Charter on Human and People’s Rights and the UN’s Universal Dec 4 - laration.











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