Impunity for crimes against journalists must end

Obituaries
This inhumane treatment of journalists and media practitioners is devoid of the empirical role that the media plays in modern day democratic societies.

By Nigel Nyamutumbu

Journalism and by extension the media and information sector is facing existential threats owing to a sustained culture of violence, state-sponsored repression, arbitrary arrests and illegal surveillance, with known perpetrators of these crimes roaming the streets scot free.

As a result of this impunity, the generality of citizens have been incited to treat the media with disdain and journalists reduced to punching bags, easy targets in any contestation and/or confrontation.

This inhumane treatment of journalists and media practitioners is devoid of the empirical role that the media plays in modern day democratic societies.

A professional media is the lifeblood of democracy, holding power accountable, interpreting the national and global questions, promoting good governance and a culture of transparency, all of which key tenets in the realization of sustainable development goals.

In any case, the practice of journalism is constitutionally protected and certain freedoms and privileges of the profession considered as human rights.

As such, ending impunity for crimes against journalists is one of the priorities in ensuring the full realisation of rights to freedom of expression and access to information for all citizens.

According to the United Nations Educational Scientific and Cultural Organization (Unesco) observatory nine out of ten cases of crimes against journalists go unresolved.

This cycle of violence against journalists is often an indicator of the weakening of the rule of law and of the judicial system.

The violence manifests itself in different forms extending from murder or abduction, torture and other physical attacks to harassment, more so in the digital sphere, all these acts of violence seeking to censor or muzzle the media.

In most cases verbal threats are used as a weapon of choice with the end game being to create a climate of fear for media professionals.

Journalism cannot thrive in an environment of threats and fears.

Fear impedes the free circulation of information, opinions and ideas for all citizens. The media output is predetermined by perpetrators and the truth becoming the biggest casualty.

Studies carried out through media development agents across the world show that a significant number of practicing journalists have received threats of violence and deaths related to their practice of journalism.

Reported or documented cases of these threats have not been investigated and the perpetrators, some of which have proceeded to act upon their threats not being held accountable.

It is, therefore, essential to strengthen the investigations and prosecutions of threats of violence against journalists in order to prevent crimes against them.

There is need for strong judicial systems that vigorously investigate all threats of violence against journalists in such a way that a clear message that acts of crime against journalists will not be tolerated is sent to all and sundry.

Stakeholders in the media sector need to fully appreciate how threats of violence manifest and the contextual realities of the attacks faced by journalists.

This will assist in improving the quality of prevention and protection policies for media workers and journalists.

There is need to strengthen national protection mechanisms for journalists such the environment is conducive for the free media enterprise.

Interventions should also be targeted and gendered taking into cognizance the unique threats that exists for women journalists, who are often abused online.

According to Unesco’s recent discussion paper, The Chilling: Global trends in online violence against women journalists, 73%  of the women journalists surveyed said they had been threatened, intimidated and insulted online in connection with their work.

In discussing this context, the resolution by the United Nations General Assembly to proclaim  November 2 as the International Day to End Impunity for Crimes against Journalists (IDEI), should serve as an opportunity for governments to upscale efforts of holding perpetrators of violence against journalists to account.

The commemorations serve as an opportunity to raise awareness and promote a dialogue between all actors involved in combatting impunity for crimes against journalists.

Such actors, including UN agencies, regional bodies, governments, members of the judiciary, civil society and the media, play a vital role to ensure accountability and bring to justice perpetrators of crimes against journalists and media workers.

The increasing commitment from the international community to tackle this issue of impunity as evidenced by the final Declaration of the United Nations Congress on Crime Prevention and Criminal Justice, that recognized the specificity of threats faced by journalists should be galvanized and translated to action within the family of nations.

The declaration commits states to “investigate, prosecute and punish threats and acts of violence, falling within their jurisdiction, committed against journalists and media workers, (…) with a view to ending impunity for crimes committed against them”.

It is as such prudent to widen the scope of actors involved in the discourse of ending impunity, including the instrumental role of prosecutorial services, in investigating and prosecuting threats of violence against journalists.

There is need to initiate and sustain  dialogue among prosecutors and journalists on prevention and protection measures to address the safety of media workers.

Aspects of addressing online and gender-based threats against women journalists should be mainstreamed in the broader campaigns to ensure citizens can treat journalists with respect.

Governments should develop and implement guidelines for prosecutors on how they can best handle cases of crimes against journalists.

There is a framework developed by Unesco in partnership with the International Association of Prosecutors that states could contextualise and adopt.

In implementing these guidelines there is need to reflect on how the recommendations of the Windhoek +30 Declaration, adopted at the culmination of the 2021 World Press Freedom Day can be used to strengthen dialogues towards the safety and independence of journalists more so in the context of ensuring media sustainability.

Journalists themselves have a key role to play in uncovering these threats, informing prosecutors of their findings, as well as keeping them accountable.

There is need to explore innovative techniques of conducting investigations, supported by legal frameworks that protect whistleblowers for example.

Media support and professional organizations should sustain online campaigns that raise awareness on the threats and dangers faced by journalists.

There is scope to use various advocacy instruments, including the UN Plan of Action on Safety of Journalists and the Issue of Impunity that aims to ensure a free and safe environment for journalists and media workers, in both conflict and non-conflict situations.

The Plan of Action seeks to broadly foster peace, democracy and development.

Actors in the media should use the occasion of the International Day to End Impunity to reinforce a multi-stakeholder response to strengthening the investigations and prosecutions of crimes and attacks against journalists, thereby guaranteeing the fundamental right to freedom of expression, access to information, and press freedom.

Ultimately, confronting the threats against journalists and press freedom, including the culture of impunity is going to require reinforcing partnerships and synergies anchored on a political commitment by governments, equipped prosecutors and independent judicial system.

The rallying call remains, journalism is not a crime!

  • Nigel Nyamutumbu is a media development practitioner, currently heading the secretariat of a network of media professional and support organisations, the Media Alliance of Zimbabwe (MAZ).  He can be contacted on email [email protected] or +263 772 501 557.  This article was first published in the Accent newsletter, a MAZ initiative