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12.07.2006.

----¦ IFEX COMMUNIQUÉ VOL 15 NO 27 ¦ 11 JULY 2006 ¦ ------

The IFEX Communiqué is the weekly newsletter of the International Freedom of Expression eXchange (IFEX), a global network of 72 organisations working to defend and promote the right to free expression. IFEX is managed by Canadian Journalists for Free Expression (
www.cjfe.org).

The IFEX Communiqué is also available in French (
www.ifex.org/fr), Spanish (www.ifex.org/es), Russian (www.ifex.cjes.ru/) and Arabic (http://hrinfo.net/ifex/).

--------------¦ Visit the IFEX website:
http://www.ifex.org   ¦------------------

----¦ Read about the IFEX Tunisia Campaign:
http://campaigns.ifex.org/tmg  ¦-----


FREE EXPRESSION SPOTLIGHT:
1. Algeria: Journalists Pardoned; President Urged to Reform Defamation Laws
           
REGIONAL NEWS:
2. Democratic Republic of Congo: Journalist Killed as Election Nears
3. Guinea: Security Forces Gun Down Protesters
4. Kazakhstan: Free Expression Groups Slam Amended Media Law
5. European Parliament Scolds Companies for Aiding Internet Censorship

CONFERENCES, WORKSHOPS & EVENTS:
6. AMARC to Hold World Community Radio Conference in Jordan
7. ISAI Opens Broadcasting School in Indonesia

REPORTS AND PUBLICATIONS:
8. ARTICLE 19 Offers Training Manual for African Broadcast Regulators

"IN OTHER NEWS".
9. Journalists Invited to Workshop on Humanitarian Law

USEFUL WEBSITES:
10. Global Survey of Access to Information Laws

ALERTS ISSUED BY THE IFEX CLEARING HOUSE LAST WEEK
--------------------------------------------------------
FREE-EXPRESSION SPOTLIGHT

1. ALGERIA: JOURNALISTS PARDONED; PRESIDENT URGED TO REFORM DEFAMATION LAWS

Algerian President Abdelaziz Bouteflika has pardoned all journalists convicted of defamation offences, a move welcomed by local journalists and by the International Federation of Journalists (IFJ) and Reporters Without Borders (Reporters sans frontières, RSF). However, the organisations say longer term reforms need to be initiated to protect press freedom, including abolishing the country's criminal defamation laws.

On 5 July 2006, Bouteflika announced the pardon on the occasion of Independence Day. While welcoming the move, IFJ and RSF said if legal reforms are not carried out, other journalists can still be charged and sentenced for defamation. RSF notes that a previous presidential pardon for journalists, announced on World Press Freedom Day on 3 May, did not actually benefit journalists. It applied only to journalists who had been "definitively" convicted, which meant those who had appealed their convictions were excluded.

In the four years since the government enacted amendments to the penal code, which stiffened penalties for defamation, seven journalists have been jailed and 23 others sentenced, note IFJ and RSF. Anyone convicted of defaming the president or a public institution can be jailed for up to one year and fined up to 250,000 dinars (US$3,200).

Faced with the threat of legal action, journalists often censor themselves now when writing about the president and powerful security and military personnel, says the Committee to Protect Journalists (CPJ).

Mohamed Benchicou, the former managing editor of the newspaper "Le Matin" who faced several defamation suits because of his often critical views of the government, says Bouteflika "must establish press freedom in a structural way and . stop all this hounding of journalists and the free press."

Defamation laws are not the only impediments to freedom of expression in Algeria. While the country boasts a lively private press, government dominance over broadcasting, economic constraints and journalists' lack of access to official information pose major challenges, says Freedom House. An opaque political system makes it extremely difficult for journalists to obtain accurate information from government officials, a situation that contributes to a lot of inaccurate reporting.

The government also uses subtle tools to control the press, Freedom House says. The government owns the main printing presses and controls the supply of paper and ink. Agence Nationale d'Edition et de Publicité, the state-owned advertising company, is the main source of advertising revenues on which newspapers rely. Papers often run up government debts, giving the authorities a convenient pretext to shut down opposition publications.

Visit these links:
- RSF:
http://www.rsf.org/article.php3?id_article=18201
- Human Rights Watch: http://hrw.org/english/docs/2006/06/13/algeri13543.htm
- CPJ: http://www.cpj.org/news/2006/mideast/algeria14june06na.html
- Freedom House: http://www.freedomhouse.org/template.cfm?page=16&year=2005&country=6681
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REGIONAL NEWS:

AMERICAS

AFRICA

2. DEMOCRATIC REPUBLIC OF CONGO: JOURNALIST KILLED AS ELECTION NEARS

Journaliste en danger (JED), Reporters Without Borders (Reporters sans frontières, RSF) and the Committee to Protect Journalists (CPJ) have expressed concern about the safety of journalists in the Democratic Republic of Congo (DRC) as the country prepares for its first elections in more than 40 years. On 8 July 2006, freelance reporter Bapuwa Mwamba was shot dead by unidentified gunmen in the capital, Kinshasa. He was the second journalist killed in the past eight months.

According to JED, the attack "did not look like a random act." A day before his murder, Mwamba wrote an article in the daily newspaper "Le Phare", which criticised authorities and the international community for what he called the "failure of DRC's political transition." He wrote, "An increase in militia activities has added to the growing insecurity that reigns in the East. Frequent attacks on human rights, caused most often by the military, are now part of the Congolese landscape . . . The State does not function."

The DRC's Information Minister, Henri Mova Sakanyi, said in an interview with Radio Okapi that he would meet with President Joseph Kabila and other high-ranking government officials "to speed [up] the investigation" into Mwamba's murder.

Last March, JED reported that men in military garb raided Mwamba's house, stealing a cell phone and US$850 in cash. The assailants reportedly threatened to kill Mwamba, who later filed a complaint to the police that was not followed up.

Mwamba is the second journalist killed in the past eight months. On 3 November 2005, Franck Ngycke Kangundu and his wife, Hélène Mpaka, were gunned down by unidentified men. JED reports that three soldiers charged with the murder will go on trial on 12 July.

On 30 July, the DRC will be holding its first elections since 1960. JED, RSF, CPJ and Human Rights Watch have called on DRC authorities to do more to guarantee the safety of journalists covering the elections. The organisations have documented a spate of attacks against journalists that have occurred in the past four months (see:
http://www.ifex.org/en/content/view/full/74903/).

JED itself has received death threats for its press freedom monitoring activities. On 20 May, staff members received an anonymous e-mail saying "choose which coffin you want." It also threatened their families and claimed that "we know all your homes and schools."

Visit these links:
- JED:
http://www.jed-afrique.org/
- CPJ: http://www.cpj.org/news/2006/africa/drc10july06na.html
- RSF: http://www.rsf.org/article.php3?id_article=18233
- Profile of JED: http://www.cpj.org/Briefings/2004/DA_fall04/JED/JED.html
- Human Rights Watch: http://hrw.org/backgrounder/africa/drc0606/index.htm
- U.N. Report on Human Rights in the DRC: http://www.monuc.org/News.aspx?newsId=11515
- Profile of DRC Elections: http://www.aceproject.org/regions-en/africa/CD

3. GUINEA: SECURITY FORCES GUN DOWN PROTESTERS

Human Rights Watch reports that security forces in the West African country of Guinea killed, raped and assaulted demonstrators who protested fuel and rice price hikes last month, actions that violate international treaties on freedom of expression and other human rights that Guinea has signed.

Eyewitnesses interviewed by the organisation said security forces fired directly into crowds of unarmed protesters in the cities of Conakry and Labé during the week of 12 June 2006, killing 13. They also raided the homes of protestors and beat them. Two women told Human Rights Watch that they were raped.

The protesters took to the streets in a nation-wide strike to voice their objections to price hikes in fuel, rice and other basic commodities.

Human Rights Watch says the security forces' actions violate regional and international human rights treaties under which Guinea is legally bound, including the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights. Under the treaties, Guinea is obligated to respect its citizens' right to freedoms of expression and assembly.

This was not the first time that Guinea's security forces fired on unarmed protesters, Human Rights Watch notes. In February, one protester was killed in a similar nation-wide strike against price hikes. In November 2005, three protesters were reportedly killed in the town of Telimélé after taking to the streets to demand more teachers.

According to an International Press Institute (IPI) report, Guinea's security forces have also been known to attack journalists who are critical of President Lansana Conté, and while freedom of the press is guaranteed in the Constitution, the government enjoys a virtual monopoly on information. Despite the signing of a law in 2005 that allows for private broadcasting, the government has yet to approve any licences. In the print media sector, only a handful of private newspapers exist, all of whom are subject to state censorship if they carry articles critical of the government, says IPI.

Visit these links:
- Human Rights Watch:
http://hrw.org/english/docs/2006/07/05/guinea13689.htm
- IPI: http://www.freemedia.at/cms/ipi/freedom_detail.html?country=/KW0001/KW0006/KW0158/
- Freedom House Report on Guinea: http://www.freedomhouse.org/template.cfm?page=16&year=2005&country=6747
- BBC Profile of Guinea: http://news.bbc.co.uk/2/hi/africa/country_profiles/1032311.stm

EUROPE AND CENTRAL ASIA

4. KAZAKHSTAN: FREE EXPRESSION GROUPS SLAM AMENDED MEDIA LAW

The President of Kazakhstan, Nursultan Nazarbayev, has signed into law a bill that gives the government vast powers to shut down independent and opposition media outlets, a move harshly criticised by Adil Soz, ARTICLE 19, the World Association of Newspapers (WAN), Freedom House, the International Press Institute (IPI), the Committee to Protect Journalists (CPJ) and the International Federation of Journalists (IFJ).

On 5 July 2006, Nazarbayev signed the bill "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Matters related to Mass Media" despite vigorous protests from free expression groups and other organisations.

The legislation makes it mandatory for all media outlets to register for a licence. It forbids any media outlet that uses the name of a previously closed media outlet from registering. Editors of previously banned media outlets can be barred from working for other publications, and media outlets must re-register whenever they undergo administrative changes, such as a new mailing address or new staff. Those who ignore the rules can be punished by stiff fines or risk being shut down.

Tamara Kaleyeva, president of the Almaty-based Adil Soz, says the legislation could be used as a pretext for the government to deny registration to independent and opposition media, to harass them with fines, and threaten them with closure.

ARTICLE 19 says the new law violates Kazakhstan's obligations under the International Covenant on Civil and Political Rights, a treaty it ratified in January 2006. The treaty places a legally binding obligation on governments to respect and promote freedom of expression. The U.N. Human Rights Committee, which oversees states' compliance with the treaty, has stated that overly harsh registration requirements violate the right to freedom of expression.

According to Freedom House, the new law compounds an already deteriorating press freedom situation in Kazakhstan, where media outlets are either state-owned or controlled by members of Nazarbayev's family and political allies. The few independent media outlets that do exist face tremendous legal harassment." Despite  Vice President Cheney's recent praise of political development in Kazakhstan, the country has little to be proud of," says Freedom House Executive Director Jennifer Windsor.

Visit these links:
- Adil Soz:
http://www.ifex.org/en/content/view/full/75489/ and http://www.adilsoz.kz/
- WAN: http://www.wan-press.org/article11412.html
- ARTICLE 19's Legal Analysis of the Bill: http://www.article19.org/pdfs/analysis/kazakhstan-media-law.pdf
- CPJ: http://www.cpj.org/news/2006/europe/kazakh05july06na.html
- IFJ: http://www.ifj.org/default.asp?index=4052&Language=EN
- Freedom House: http://www.freedomhouse.org/template.cfm?page=70&release=396

5. EUROPEAN PARLIAMENT SCOLDS COMPANIES FOR AIDING INTERNET CENSORSHIP

The European Parliament has added its voice to the chorus of critics who say companies should not be assisting regimes in censoring the Internet, says Reporters Without Borders (Reporters sans frontières, RSF). On 6 July 2006, it passed a resolution calling on the European Commission to establish a voluntary code of conduct "limiting the activities of companies in repressive countries."

Parliamentarians also urged the Commission to "take into account, when considering EU assistance programmes with third countries, the need for unhindered internet access by the citizens of those countries."

The resolution singled out U.S. companies Yahoo, Google and Microsoft, which were criticised for allowing Chinese authorities to censor their search engines and blog software in China. It also criticises Cisco Systems for supplying technologies to countries that censor the Internet, and Telecom Italia and France Telecom's Wanadoo for co-operating with Tunisia and Cuba in blocking websites.

The resolution mentions 15 countries that are notorious for censoring the Internet: China, Belarus, Burma, Cuba, Iran, Libya, Maldives, Nepal, North Korea, Saudi Arabia, Syria, Tunisia, Turkmenistan, Uzbekistan and Vietnam.

Visit these links:
- RSF:
http://www.rsf.org/article.php3?id_article=18223
- European Parliament Resolution: http://tinyurl.com/zcavz
- OpenNet Initiative: http://www.opennetinitiative.net/
- Investment Funds Pledge Commitment to Internet Free Expression: http://www.rsf.org/fonds-investissement-en.php3
- U.S. Congress Holds Hearing on Internet Censorship in China: http://boss.streamos.com/real/hir/56_af021506.smi
--------------------------------------------------------
CONFERENCES, WORKSHOPS & EVENTS

6. AMARC TO HOLD WORLD COMMUNITY RADIO CONFERENCE IN JORDAN

Hundreds of community radio practitioners and experts from around the world will be meeting in Amman, Jordan, on 11-17 November 2006 to discuss ways of enabling community radio to play a more effective role in reducing poverty, supporting marginalised groups and increasing access to information for isolated communities.

The occasion is the 9th conference of the World Association of Community Radio Broadcasters (AMARC). It will be hosted by the Jordanian non-governmental organisation AmmanNet in partnership with media and journalists groups from Jordan and Palestine.

The conference will be comprised of five day-long "mini conferences" grouped under the following themes: 1) Building a Strong New Global Communication Development Sector; 2) Removing Barriers to the Empowerment of Women; 3) Developing Community Radio in the Middle East and North Africa; 4) Removing Barriers: Making Community Radio Possible; and 5) Increasing the Impact of Community Radio in Achieving the Millennium Development Goals.

The conference will also feature training workshops on impact assessment tools for community radio; ICT use in poverty reduction strategies; management of community radio stations; radio formats and content development; and fundraising strategy.

There will also be a two-day AMARC General Assembly open to members and partners, which will elect a new International Board and adopt a strategic plan for 2006-2010.

For more information, visit:
http://amarc9.amarc.org/

7. ISAI OPENS BROADCASTING SCHOOL IN INDONESIA

In Indonesia, the Jakarta-based Institute for Studies on the Free Flow of Information (Institut Studi Arus Informasi, ISAI) is at the forefront of efforts to foster fair, independent and balanced reporting. In February 2006, it opened a new School for Broadcast Media in Jakarta that aims to provide high-quality training to broadcast journalists from all over the country.

Supported by the European Commission, the United Nations Development Programme (UNDP) and the BBC World Service Trust, the school is equipped with state-of-the-art radio and television facilities. Trainers provided by the BBC World Service Trust and Radio Netherlands are working with local co-trainers to provide students with the editorial, technical and production skills to produce balanced, objective programming. In its first year, about 300 local journalists are expected to be trained. Eventually, local co-trainers will take over as lead trainers to teach students.

According to a UNDP press release, the opening up of the broadcast media in Indonesia since the fall of former dictator Soeharto in 1998 presents enormous possibilities to support democratic governance and ensure political transparency and public accountability. However, challenges remain, ranging from a lack of professionalism, experience and expertise in reporting and editing, to a lack of commercial management and marketing skills. The school will seek to address these challenges by providing a rigorous training ground for the country's new generation of journalists.

Visit these links:
- ISAI:
http://www.isai.or.id/
- UNDP: http://www.undp.or.id/press/view.asp?FileID=20060215-1&lang=en
--------------------------------------------------------
REPORTS AND PUBLICATIONS

8. ARTICLE 19 OFFERS TRAINING MANUAL FOR AFRICAN BROADCAST REGULATORS

Africa's broadcasting landscape in the last 10-15 years has seen a dramatic growth in diversification, with many private and community radio and television stations receiving licences to go on the air, observes ARTICLE 19. However, the regulation of the continent's airwaves is mostly done in a haphazard and piecemeal fashion, and many state-owned broadcasters have yet to make the full transition into independent public service broadcasters.

To help ensure that Africa's airwaves remain accessible to all, ARTICLE 19 has designed a training manual aimed at raising awareness among governments and regulatory officials of the importance of broadcast regulation. It explains how and why broadcasting should be regulated, why licensing is necessary, and the importance of public service broadcasting. It also details the role of a broadcasting regulatory authority and outlines different approaches to regulation.

The manual includes references to regional and international broadcasting standards, such as the African Charter on Broadcasting and the Declaration of Principles on Freedom of Expression approved by the African Commission on Human and Peoples' Rights.

The manual can be used as a guide for trainers who teach courses for broadcasting regulators. It can also be used as a self-directed learning tool by government officials.

Visit:
http://www.article19.org/pdfs/tools/broadcasting-manual.pdf

To request the manual in MS Word format, contact: johnb@article19.org
--------------------------------------------------------
"IN OTHER NEWS".

9. JOURNALISTS INVITED TO WORKSHOP ON HUMANITARIAN LAW

The Crimes of War Project and the University Centre for International Humanitarian Law are inviting journalists who report on conflict and war crimes trials to apply for a training workshop on international humanitarian law for journalists, which will be held in Geneva, Switzerland on 28-29 September 2006.

The workshop will provide an introduction to the essential elements of the laws of armed conflict, such as the Geneva Conventions, and look at the way they apply in real-world conflicts. Topics covered will include detention, disappearances, reporting on armed conflict and war crimes trials. Instructors will include journalists, professors and lawyers. The language of instruction will be English.

There are 20 places available for workshop participants. The tuition fee is CHF 540 (US$440), not including travel costs or accommodation.  

Applications for the training seminar, including CVs and a statement explaining the candidate's interest in the workshop, should be sent by 15 August 2006 to: Ms. Pauline Cernaix, University Centre for International Humanitarian Law; Tel: +41 22 379 85 71;
E-mail:
pauline.cernaix@cudih.org; Website: http://www.crimesofwar.org/
--------------------------------------------------------
USEFUL WEBSITES

10. GLOBAL SURVEY OF ACCESS TO INFORMATION LAWS

Freedominfo.org, an online portal linking access to information advocates, has updated its global survey of access to information laws. It now covers 68 countries that have passed such laws.

Visit:
http://freedominfo.org/
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ALERTS ISSUED BY THE IFEX CLEARING HOUSE DURING THE PAST WEEK

4 JULY 2006
Russia - Bill seeks to label critical journalists "extremists" (CPJ) - alert
Mongolia - Journalist threatened following publication of articles on financial sector bankruptcies (Globe International) - alert
United States/Western Europe - IFJ raises alarm over Western attacks on whistleblowers and investigative journalism (IFJ) - capsule report
Russia - British journalist denied entry visa (CJES) - alert
Malaysia - Government bans 18 books on Islam and religion (SEAPA) - alert
Serbia - Independent media outlets subject to unannounced financial investigations by state officials (ANEM) - alert
Venezuela - Journalist receives death threats (IPYS) - alert
Philippines - Armed men set fire to community radio station (RSF) - alert
Zimbabwe - Voice of America AM broadcasts jammed (CPJ) - alert
Sri Lanka - Journalist abducted and murdered (FMM) - alert East Timor - IFJ condemns attack on, threats against public broadcasting station (IFJ) - alert
United States - Supreme Court rejection of military tribunals at Guantánamo may mark first step towards release of cameraman, says RSF (RSF) - alert update

5 JULY 2006
Senegal - Publication director jailed for "defamation" (CPJ) - alert
Uzbekistan - Authorities block access to independent journalist's website (RSF) - alert
Pakistan - Journalist pressured to reveal sources; six press club attackers arrested (RSF) - alert update
United States - House of Representatives adopts resolution supporting Bush administration against the press (RSF) - alert update
Singapore - Government condemns blogger's "unconstructive" article (RSF) - alert
China - Website prevented from posting news; government plans increased control of weblogs and search engines (RSF) - alert update
Burma - Dissident journalist U Win Tin begins 18th year in prison, thousands petition for his release (RSF) - alert update
Kazakhstan - Writer facing charges for "insulting" president (Adil Soz) - alert
Kazakhstan - President signs restrictive media bill into law (Adil Soz) - alert update
Democratic Republic of Congo - RFI special envoy expelled (JED) - alert update
Iraq - Iraqi journalist shot dead (IFJ) - alert
Zimbabwe - IPI condemns government's jamming of London-based SW Radio Africa (IPI) - alert update
Iraq - Abducted cameraman's body found; RSF appeals to ambassador on behalf of two journalists held hostage for five months (RSF) - alert update
Kazakhstan - WAN asks president to veto proposed legislation that threatens press freedom (WAN) - alert update
Niger - Weekly newspaper banned by government for article on president (WAN) - alert
African Union - African leaders urged to defend press freedom (CPJ) - press release

6 JULY 2006
Turkey - Author Elif Shafak, her publisher and translator facing trial on charges of "insulting Turkishness" (WiPC) - alert
Cuba - Journalist Guillermo Fariñas Hernández ends hunger strike (RSF) - alert update
Singapore - State-owned newspaper suspends blogger's column (SEAPA) - alert update
African Union - Recommendations of the Forum on Freedom of Expression in Africa (ARTICLE 19) - joint action
Colombia - Journalist receives death threat giving him three days to leave the country (CPJ) - alert
Turkmenistan - Journalist's three children, human rights activist released (RSF) - alert update
Algeria - President pardons all journalists convicted of defamation or insulting state institutions (RSF) - alert
Sri Lanka - RSF calls for "rigorous and impartial investigation" of journalist's death (RSF) - alert update
Turkey - Editor's trial adjourned until December as judicial harassment continues (RSF) - alert update

7 JULY 2006
Armenia - Editor jailed without bail; political motives cited (CPJ) - alert
Bangladesh - Office of controversial magazine "Weekly Blitz" bombed (CPJ) - alert
Brazil - Environmental journalist receiving death threats, authorities slow to react (RSF) - alert
Pakistan - Government should repeal laws limiting free political expression, says Human Rights Watch, as Kashmir elections approach (Human Rights Watch) - alert
France - Police raid newspaper's office and search files (IFJ) - alert
Democratic Republic of Congo - Businessman angered by news report destroys radio station's equipment (JED) - alert
-------------------------------------------------------
The "IFEX Communiqué" is published weekly by the International Freedom of Expression eXchange (IFEX). IFEX is managed by Canadian Journalists for Free Expression (
www.cjfe.org) on behalf of the network's 72 member organisations.

The views expressed in the "IFEX Communiqué" are the responsibility of the sources to which they are attributed.

The "IFEX Communiqué" grants permission for its material to be reproduced or republished only if it is credited as the source.

Contact: "IFEX Communiqué" Editor: Geoffrey Chan:
communique@ifex.org

Mailing Address: 555 Richmond Street West, #1101, PO Box 407, Toronto, Ontario M5V 3B1 Canada, Tel: +1 416 515 9622; Fax: +1 416 515 7879; Website: http://www.ifex.org
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