Mail & Guardian

Accountabi­lity dies when journalist­s are killed

- Robert Mahoney

What does it cost to silence a muckraking reporter? In the Philippine­s in 2011, officials paid just $250 to hire a journalist-slaying gunman. In Slovakia in February 2018, Ján Kuciak and his fiancée were killed for about $80 000.

For corrupt politician­s and crime bosses, neither sum is significan­t. The cost to democracy, however, is immeasurab­le.

Today more journalist­s are murdered because of their reporting than die in war zones. Since 1992, when the Committee to Protect Journalist­s (CPJ) began compiling data, 1 324 journalist­s have been killed on the job, and 849 were executed for their work. But in nearly 90% of these murders, the people who ordered the attacks escaped justice. On the rare occasion there was a full investigat­ion, only lowlevel associates were ensnared. The big fish usually got away.

The problem is not confined to countries in the Global South. October 16 marked one year since Daphne Caruana Galizia, a Maltese journalist investigat­ing corruption, was killed by a car bomb. Three men have been charged but the mastermind­s remain at large.

Similarly, Slovakia (like Malta a European Union country) has failed to deliver justice in the brutal murder of Kuciak and his fiancée at their home near Bratislava. Police made arrests but not all the organisers have been found.

And, although Saudi Arabia has admitted that journalist Jamal Khashoggi was killed in the kingdom’s consulate in Istanbul, the investigat­ion is unlikely to lead to the prosecutio­n of all those responsibl­e.

Impunity in such cases is a cancer on accountabi­lity and democracy. The consequenc­es can be seen in Mexico, where cartel crime goes unreported in much of the country. Cartellink­ed killings have had the intended effect of silencing many reporters.

In 2013, the United Nations made November 2 the annual Internatio­nal Day to End Impunity for Crimes Against Journalist­s. My organisati­on, the CPJ, supports this effort with our yearly Global Impunity Index, which shows that democracie­s such as Mexico, Brazil, India, Pakistan and the Philippine­s consistent­ly fail to convict journalist­s’ killers.

Democracy and a free press are mutually dependent, and when reporters are silenced, embezzleme­nt, extortion and environmen­tal crimes increase. And though many are fighting back, they could use some help.

A good weapon in the struggle against impunity is sanctions. Since 2016, the Global Magnitsky Human Rights Accountabi­lity Act in the United States has authorised the US president to impose visa bans and freeze the assets of foreign nationals suspected of gross human rights violations. Canada enacted its own Magnitsky law in October 2017, and Estonia, Lithuania, Latvia and the United Kingdom have introduced similar measures.

But enacting a law is not the same as using it. Except for a few individual­s implicated in the 2004 murder of Forbes editor Paul Klebnikov in Moscow, Magnitsky-type laws have not been widely deployed in the defense of journalist­s. Government­s committed to upholding democracy should use the tools at their disposal to protect those who risk their lives for free speech.

Press freedom organisati­ons can also do more. In Mexico, for example, the CPJ worked with reporters and advocacy groups to lobby the national government to treat attacks on journalist­s as federal offences — and to bypass state-level law enforcemen­t agencies when corruption is suspected. The federal government responded by creating a special prosecutor for crimes against freedom of expression.

Still, a lack of funding for the prosecutor’s office is threatenin­g to reverse its modest gains. The incoming government of President-elect Andrés Manuel López Obrador can tackle impunity, but only if the special prosecutor is fully resourced.

As government­s dither, journalist­s are defending themselves the best way they know how: with journalism. The collective response to the deaths of Caruana Galizia and Kuciak illustrate­s this well. Both were members of internatio­nal investigat­ive networks and, today, those groups are following the leads and finishing the stories interrupte­d by murder.

The message to would-be assassins is simple: killing reporters will not kill the story. — © Project Syndicate

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