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Election-related violence is a worry for
journalists in many countries, but perhaps nowhere more so than Kenya, where presidential
polls will be held March 4. In the aftermath of the nation's last presidential
elections in 2007, over one thousand people were killed in ethnic and political
violence, live news broadcasts were banned, and the press faced a torrent of
threats, leading to widespread self-censorship. Already, in recent weeks, some journalists
have been harassed and their equipment confiscated, while media houses have
been threatened in relation to coverage.
Compounding the problem are recent findings
that some media were partisan and even overtly complicit in the 2007 outbreak
of violence. As the fresh election nears, journalists should commit themselves
to professional standards, at the same time that they watch out for themselves
and each other over the weeks ahead.
During the party primaries in January,
security agents critically injured two journalists attached to the Daily Nation, while the National
Alliance Party attacked Royal Media Services reporters in Nairobi. Also
recently, Robert Wanyonyi, Osinde Obare, and Paul Gitau of The Standard; Walter Barasa and David Wainaina of Mediamax; Mathews
Ndanyi of Radio Africa Group; Suleiman Mbatia of Nation; Vincent Musundi of Royal Media Services, and others have
reported nasty experiences at the hands of either political activists, security
agencies, or criminal thugs. Since November 2011, the Media Council of Kenya
has received about 30 cases of harassment, intimidation, and violent attacks on
journalists. None of the cases has fully been investigated or prosecuted by the
authorities in Kenya.
Some parts of the country have become no-go
areas for journalists who are perceived not to represent local politicians,
activists, business barons, or their interests. This geographical zoning is a
dangerous trend for media freedom and freedom of expression.
In addition to the physical threats and
attacks against journalists, there are some reports that the judiciary has
levied huge fines in civil cases related to defamation, while some media houses
have failed to respond to court summons and still others have ignored the
plight of their journalists' altogether. The concern is that if something is
not done in time, the harassment of journalists and resulting self-censorship will
become the norm.
Increasing attacks against journalists as
the elections in Kenya approach are not without rationalization. CPJ and other
monitoring groups noted the Kenyan media's partiality along with even, in some
cases, evidence of incitement in the 2007 post-election violence. Near the
start of the current electoral campaign, more than a quarter of news reports
presented only one viewpoint, according to the Media
Council of Kenya (MCK), which also noted that some news outlets were
"reporting unconfirmed rumors and publishing sensational headlines add[ing] to
the unnecessary heightening of tensions."
Indeed, the government's
own Independent Review Commission on the General Elections and the Commission
of Investigation into the Post 2007 Election Violence were categorical on
the media's role both overtly and covertly in stirring up and abetting the
violence by their performance, or lack thereof, during the country's most
trying period since independence.
Finally, the confirmation of charges
against former radio journalist Joshua Sang at The Hague for crimes against
humanity in connection with the violence that followed the 2007 elections was a
sobering indictment on the media and belatedly served as a wake-up call to the
entire profession in Kenya. The case is poised to come up in April. Sang has
denied playing any role in drumming up tribal hatred through his broadcasts in
the run-up to the 2007 election.
The recent harassment and attacks against
journalists are violations of Kenya's Constitution as well as
international treaties to which the country is a party, including the African Charter on Human and
People's Rights, U.N. Security Council Resolution 1738, and
UNESCO Resolution
29.
As the statutory body mandated with
protecting journalists and promoting their rights through the Media Act of 2007,
the Media Council of Kenya is concerned about increasing cases of attacks and
intimidation against journalists and media houses. The council has taken
several steps, including meetings with media owners and senior editors
beginning in September 2012, as well as countrywide training on safety and
protection for journalists.
The council has proposed the following
measures on the issue:
1. Implement the recommendations of a
baseline survey that was commissioned by the Kenya Media Programme through the
Media Council of Kenya to map out the restrictions, attacks, harassment, and
intimidation against media workers and improve awareness of the problem.
2. Carry out a study on journalists'
working conditions, including remuneration, and establish how this relates to
safety and security.
3. Establish a common fund to deal with
issues of safety and security. Media houses should be among the contributors.
4. Adoption by media houses of a more
actionable approach to the plight of journalists, including by providing life
insurance and protective gear as well as counseling for those who have covered
traumatic events.
5. Training journalists on their personal
responsibility in matters of safety and security.
6. Sensitize individual journalists and
media houses to raise awareness and escalate issues of safety crises, including
identifying and shaming the culprits.
7. Develop a binding resolution from
industry players including media owners, editors, Kenya Union of Journalists, and
Kenya Correspondents Association on a safe working environment for journalists
in Kenya.
8. Reach out to other constituents involved
with security in the country, including police, the director of public prosecutions,
political parties, and the judiciary to raise the issue of safety and
protection of journalists.
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The eight point proposal if fully implemented will adequately address the plight of journalists in Kenya and also help eliminate quarks who are misrepresenting the profession.
I dearly agree with the proposal highlighted because they will help bring culprits attacking journalists to be brought into book