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"The first to be targeted were the reporters from Sierra Leone and
Liberia," Lamin tells me. "Having lived through military takeovers in
their own countries, they were very critical when the army seized power
here. So the new regime made sure they were either silenced or
deported." That was in 1994. Since then, the conditions under which
independent journalists work in the Gambia has got worse, not better.
From the beginning, the clique of junior officers who took control
in July 1994, under the name of the Armed Forces Provisional Ruling
Council (AFPRC), were conscious of their narrow base of popular
support, and thus were sensitive to any public discussion which cast
them in a bad light, particularly to critical voices from the
independent media. Although they transformed themselves into a civilian
government through controversial elections in 1996, the new incarnation
of the military government, the Alliance for Patriotic Reorientation
and Construction (APRC) continued to rule with the same disposition
towards critics.
In that regard, public life in the Gambia came to assume something
of the character of a low-budget autocracy. Most of the time, normal
life went on peacefully, with both political opposition and independent
media operating relatively freely. Gambia remains far from a
Zimbabwe-style totalitarian state and the European tourists who crowd
beaches around Banjul every year would be hard-pushed to detect
anything amiss. For journalists who crossed a certain line, however,
the regime's gloves came off.
Particularly unwelcome were personal attacks on regime members,
coverage of high-level scandals, denunciations of official policy or
especially favourable coverage of opposition parties. Those crossing
the boundaries could expect to be subjected to measures ranging from
formal arrest and interview by the National Intelligence Agency (NIA)
to threatening notes of intimidation from a secretive loyalist militia
calling itself the 'Green Boys'. Meanwhile a raft of legal measures
laid down penalties including fines, suspension of licences to operate
and imprisonment for hazily-defined infringements of the National Media
Commission Act.
Although a number of newspapers and private radio stations suffered
harassment and closure, one of the most regular targets has been the
country's bi-weekly Independent newspaper. Since 2003, successive Independent
editors have been repeatedly detained by the NIA, often beaten or
tortured and eventually released. The newspaper's premises have been
repeatedly attacked by arsonists and the paper has regularly been
prevented from publishing. For Lamin (not his real name), his own turn
came in 2004. First came a note from the Green Boys informing him they
were "not happy" with his critical coverage of the tenth anniversary of
the 1994 coup. Then at around 3am one morning, the window-frames of his
home were forced open and petrol was poured in. Seconds later doors and
furniture were alight. The fire was put out without casualties – his
family was already living outside the country – but shortly after the
incident, Lamin himself left the Gambia. He now works elsewhere in the
region.
Journalists in danger
In time the growing number of such incidents began to attract the
attention of the international media, of rights organisations, and
eventually of more progressive-minded leaders within West Africa
itself. Conscious of his government's dual reliance upon the goodwill
of aid donors
who already had reservations about his standards of governance, and on
the tolerance of influential neighbours such as Nigeria and Senegal,
whose democratised leaderships made no secret of their dislike for
military strongmen, Gambian president Yahya Jammeh adjusted his tack
accordingly. On 19 October 2004 the government announced its intention
to revoke the unpopular and hard-to-implement National Media Commission
Act.
But no sooner had this been accomplished, than it was replaced by a new and more effective piece of legislation.
A new Criminal Code Amendment Bill proposed new punishments for libel –
defined very broadly as publishing 'any defamatory matter concerning
another person' – including a mandatory six months in prison without
the option of a fine for a first offence (in late 2005 it was further
raised to one year). At the same time the government ruled that the fee
for registering a media organ with the country's regulator would be
raised fivefold, to US$17,000, thus introducing a significant new
financial bar to the independent media. Deyda Hydara, editor of the
country's Point newspaper, correspondent for Association France Presse (AFP) and representative of Paris-based media rights organisation Reporters Sans Frontières (RSF) was at the forefront of vocal protests about the new rules, with consequences which changed the playing field forever.
At around midnight on 16 December 2004, Hydara was dropping two
colleagues at their homes in the capital Banjul, when his car was
overtaken and flagged down by a taxi. On stopping, armed men got out of
the taxi and opened fire, killing Hydara
instantly with three bullets to the
head and wounding his passengers. Although the killing produced an
outcry in the country and internationally, more than eighteen months
later no one has been charged with the murder.
From a distance, what is most striking about repression of the media
in the Gambia is primarily the crudeness with which it is done, even in
comparison to other media-unfriendly governments in Africa. Zimbabwe,
for instance, has its carefully-crafted maze of media laws and
licences, while Niger's government makes use of opaque court orders and
fines.
But in Jammeh's Gambia, anonymous notes warn journalists that 'very
soon we will teach one of (you) a very good lesson', while the
president himself warns reporters that they will 'pay a high price' if
they misquote him. Arrests are made and lawyers' pleas for habeas corpus
ignored. On enquiring about the progress of his case, the police told
Lamin that all of the files on his arson attack had been removed from
police records. And despite the domestic and international outcry which
followed Hydara's killing, the police offered only vague reassurances
that they were investigating a possible row over money as the motive
for the killing. There the government seems content to let the matter
rest, despite numerous petitions, protests, memorials and other bids to
move the case on.
The next opportunity
Later this summer, on 22 September, Gambia faces presidential elections
– elections which Jammeh and the APRC are aware they will have a hard
time winning. Having lost the trust of most ordinary Gambians, shown
themselves to be at best incompetent managers of public affairs and the
economy, and having begun to endanger the country's cherished tradition
of peaceful politics, the APRC are backed into a corner. Their initial
solution was to turn up the heat on the country's four main opposition
parties – that is, until a state visit
from Nigerian president Olusegun Obasanjo, who flew in to warn the
Gambian government of the likely negative consequences of continuing on
such a route. So the authorities turned their attention once more to
the country's press, clamping down particularly hard after deep cracks
within the ruling APRC itself were revealed by an attempted coup by regime insiders in March.
This time, the attempts at controlling the flow of information to
the public included not only the familiar detentions and an indefinite
ban (still in force) on the publication of the Independent, but also some novel variations. In late May this year, readers of the Freedom
daily, one of the growing number of web-based dissident publications
run from overseas, were surprised to see its editor Pa Nderry M'bai
quoted prominently on the front page of the government-supporting Daily Observer
denouncing his own previous efforts at opposing the regime and
proclaiming his new-found loyalty to the APRC government. Not only
that, but M'bai then gave a full list – including contacts and
addresses – of all the Freedom contributors inside Gambia
itself, clearly placing those people in severe danger. Bemused readers
surprised by this abrupt conversion and wholesale betrayal of the
opposition cause did not have to wait long for an explanation, however.
The next day's Freedom front page revealed that hackers, who
it alleged were based in Southampton, UK, had accessed M'Bai's Yahoo
account and downloaded all of the sensitive information held therein –
now the Gambia's self-appointed media censors had taken their dirty
tricks campaign to the web.
But the episode was not without its own surprises for the regime itself, as shown when the name of the Observer's own news editor, Omar Bah, appeared in connection with the Freedom
publication. Bah promptly vanished, causing concern among friends and
colleagues until he resurfaced in neighbouring Senegal some days later.
So now that Gambia's press persecution
has become a regional issue, the question is what the region is
prepared to do about it – a question that became more pressing as
Banjul prepared to host the seventh African Union (AU) summit earlier
this month. For Jammeh's APRC government, the affair was a chance for
the small riverine state and its leaders to gain some much-needed
regional credibility, while a successful bid for recognition as a
regional statesman might bolster the Gambian president's stock at home
ahead of the elections. But for civil society activists and the
independent media, the event was a chance to highlight to the assembled
dignitaries the hazards they are exposed to daily. The government moved
to pre-empt such efforts, banning a rally of media rights organisations
set to be held at the location of Hydara's murder.
But organisations based outside the country fared better: Reporters Sans Frontières
asked the question which went right to the heart of the matter. It
asked, in view of the "unacceptable treatment that press freedom has
received in Gambia for several years", was the AU prepared to let its
subsidiary rights body, the African Commission on Human and People's Rights (ACHPR)
remain based in the Gambian capital? The point throws into question the
whole issue of the AU's claims to credibility. While its predecessor
Organisation of African Unity (OAU), widely reviled as a dictators'
social club, was content to let the ACHPR wither on the vine as a
purely symbolic gesture of interest in rights, the AU has from
inception based its claims on a very different approach. The AU was
conceived of as a progressive continental community based on rules,
rights and shared values. Indeed, at the Banjul summit itself,
assembled leaders assented to the creation of an AU rights court to be
based in Tanzania. But in the event, the AU leaders left RSF's point
unaddressed. Perhaps the hosts successfully lobbied to keep it off the
agenda, or perhaps the people who matter decided to let it pass for
fear of derailing the meeting's other business. Or maybe there were
just too many others with their own reasons
not to highlight abuses of freedoms of speech. Either way, the issue
was left hanging in the air over the photo-opportunities and
handshakes. With that opportunity missed, and elections growing closer
by the day, the outlook is likely to continue deteriorating for
Gambia's remaining independent media voices.
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