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MOST killers of journalists walk scotfree. The statistics are staggering: worldwide, almost nine out of 10 cases of journalist killings are met with impunity.
To mark the International Day to End Impunity for Crimes against Journalists and the tenth anniversary of the UN Plan of Action on the Safety of Journalists and the Issue of the Impunity (UNPA), CIMA spoke with Zoe Titus, director of the Namibia Media Trust and chairperson of the Global Forum for Media Development, about how civil society can fight impunity for crimes against journalists in southern Africa.
Ranked eighteenth on the RSF 2022 World Press Freedom Index and second in Africa, Namibia is one of the safest countries in Africa for journalists, but the continent faces a host of Press freedom challenges.
A recent pilot study produced by the International Press Institute found that the majority of Press freedom violations and attacks on journalists in sub-Saharan Africa are committed by State authorities.
Prosecuting these crimes is particularly challenging in conflict zones, where the Judiciary and government are often compromised and the safety of the entire population may be at risk.
When authorities themselves are to blame for attacks, what can be done to prosecute them? Titus believes that the answer lies in local civil society organisations (CSOs).
For a government to proceed to investigate the killing or the abuse of a journalist requires political will. If it is an authoritarian government, who is not concerned at all about the safety of a journalist — who is completely dismissive of it — we then have to look for alternative means.
These alternative means may include the use of so-called “soft law”mechanisms that CSOs can use to campaign for the prosecution of crimes against journalists.
Soft law mechanisms are tools, such as recommendations or guidelines, that are not strictly legally binding but can influence traditional law.
In Africa, one of the key soft law mechanisms is the Declaration of Principles on Freedom of Expression and Access to Information in Africa. Originally written in 2002 and revised in 2019, the declaration articulates a framework for protecting freedom of expression across the African Union (AU).
Through the declaration, member states are required to submit periodic reports to the AU on freedom of expression, access to information, and journalist safety. CSOs can do their own monitoring and provide shadow reports to hold governments accountable, Titus said.
If a State is unwilling to cooperate, CSOs can appeal to the Special Rapporteur on Freedom of Expression and Access to Information in Africa to conduct an official investigation or file suit with the African Court on Human and Peoples’ Rights.
Additionally, the African Commission on Human and Peoples’ Rights recently passed Resolution 522 on the Protection of Women Against Digital Violence in Africa which recognizes that online attacks and harassment of women journalists are some of the most serious threats to media freedom and journalist safety.
CIMA