MFWA Statement to the 42nd Ordinary Session of The African Commission for
Human & Peoples’ Rights Brazzaville, Congo 14 - 28 Nov 2007

Delivered on November 16, 2007

Honourable Commissioners,
Members of National Delegations,
Representatives of National Human Rights Institutions,
Representatives of Human Rights NGOS,


The Media Foundation for West Africa (MFWA) would like to draw your attention to press freedom and freedom of expression violations in two (2) countries in West Africa: Niger and The Gambia.

In Niger, since the beginning of an armed conflict in the Northern part of the country, the media are facing several attacks: suspension of newspapers and radio stations, intimidations, threats and harassments.

Journalists covering this conflict are regarded as accomplices of the rebellion and enemies of the Nation. Two (2) journalists are currently detained for "complicity in a plot against the authority of the State" and
"conspiracy" in connection with recorded telephone conversations they had with the rebel leader. They are namely Moussa Kaka, correspondent of Radio France International (RFI) and Ibrahim Manzo Diallo, Editor of the bimonthly newspaper "Air Info".

Niger authorities prevent foreign journalists access to the conflict area. All of these acts violate article 9 of the African Charter for Human and Peoples’ Rights, which stipulates: “Every individual shall have the right
to receive information. Every individual shall have the right to express and disseminate his opinions within the law”.

Honourable Commissioners,
Ladies and Gentlemen,

In Niger, phone calls by journalists are trapped recording and the Minister of Communication publicly recognized this practice during a press conference in Paris (France). This is also a violation of international legal provisions, particularly article 12 of the Universal Declaration on Human Rights which guarantees the right to privacy: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks”. Additionally, while the independent radios are prevented from organizing live broadcasts on the issues related to the rebellion, the public media openly initiate and broadcasts hate debates against an identified ethnic group.

Honourable Commissioners,
Ladies and Gentlemen,

In The Gambia there is no independent press because of the permanent persecution against the media and the journalists. Several journalists had fled the country, fearing for their safety. The most recent is the case of Yaya Dampha, journalist at the Foroyaa newspaper, who is missing. This journalist had recently assisted an Amnesty International fact-finding team in The Gambia. In addition to the arbitrary arrests of journalists,
torture is commonly used by the police and the National Intelligence Agency (NIA), in violation of article 5 of the Charter, which prohibits physical or moral torture, cruel, inhuman or degrading punishment and
treatment. Musa Saidykhan, Editor in Chief at the Independent Newspaper was arrested and tortured for 22 days in March 2006. Two agents of the NIA have arrested Chief Ebrima Manneh, journalist at the “Daily Observer” on July 11, 2006. 15 months later, the Gambian authorities continue to deny detaining him. This violates article 6 of the Charter: “Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained”.

Honourable Commissioners,
Ladies and Gentlemen,

The Media Foundation for West Africa has lodged a complaint on behalf of this journalist before the Community Court of the Economic Community of West African States (ECOWAS). However, the Gambian Government failed to appear both times that the case was fixed for hearing, without giving any explanation. This case is pending and the ECOWAS Court will issue its decision on November 20, 2007.

Honourable Commissioners,

The Media Foundation for West Africa urges you to pay particular attention to the cases mentioned in this statement in order to compel Niger and The Gambia to respect their obligations in light of the Charter.