How AU Peace and Security Council seeks to safeguard journalists

JOURNALISM is a fundamental force for democracy. Several people are enthusiastic about the power of storytelling, impact of deep investigations and tools enabling the readers and listeners to have an ever more immersive experience.

The craft of journalism can only win approval through journalists’ ability to ask critical questions, exposing counterarguments, relentlessly checking facts and presenting the findings in a context that appears both comprehensive and proportional.

At its best journalism helps citizens navigate society. This is done both in peaceful societies as well as in those that are engulfed or engaged in war. It is against that background; the Peace and Security Council of the African Union (AU) has intervened to consider protection of journalists and access to information in situation of armed conflicts in Africa.

It was on Monday that the Tanzanian Permanent Representative to the AU, Ambassador Innocent Shiyo, who doubles as Tanzanian Ambassador to Ethiopia noted that it is pertinent to note the importance of protecting journalists and cultivate an environment where journalists can pursue their vital work without fear of reprisal.

“Let us be mindful that the protection of journalists transcends individual safeguarding; it safeguards the very bedrock of democracy and peace in Africa. Let us join forces to cultivate an environment where journalists can pursue their vital work without fear of reprisal, where truth flourishes, and where peace and security endure for all,” noted Ambassador Shiyo.

He extended gratitude to Ambassador Churchill Ewumbue Manono, the Permanent Representative of the Republic of Cameroon to the AU and Chairperson of the Peace and Security Council of the AU for the month of September 2024, for according the August Council an opportunity to consider that important agenda item.

“I am particularly pleased that it is being discussed in an open session, with the participation of all Member States and RECs/RMs. This inclusive approach underscores the fact that the issue of protecting journalists is a collective responsibility. I extend my gratitude to the presenters for their well-researched and enlightening presentations,” Ambassador Shiyo said.

Journalists, insisted the diplomat, are the guardians of the society, fearlessly navigating the perils of conflict to ensure that the world remains informed, amplifying the voices of those caught in the turmoil of war, and bringing forth the unvarnished truth.

However, in carrying out the vital mission, noted Mr Shiyo, journalists often find themselves targeted, silenced, or tragically paying the ultimate price.

“The African Union, guided by the visionary Agenda 2063, envisions an Africa distinguished by good governance, democracy, respect for human rights, justice, and the rule of law. A free and independent media stands as a cornerstone of this vision, fostering transparency and accountability.

“Nevertheless, despite our collective endeavors and the presence of robust legal frameworks at national, regional, and international levels, journalists in Africa continually confront harassment, violence, incarceration, and even loss of life. These challenges are exacerbated in conflict zones where the rule of law often wanes and impunity festers,” he said.

Ambassador Shiyo said that as the AU deliberate on the protection of journalists, it is essential to recognize the pivotal role of International Humanitarian Law that extends to journalists the same protections as civilians, provided they abstain from engaging in hostilities.

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“Moreover, we must reassert our commitment to UN (United Nations) Security Council Resolution 2222 (2015), which underscores the imperative of safeguarding journalists in conflict situations. My delegation also commends the efforts of the African Commission on Human and Peoples’ Rights on the safety of journalists and media practitioners in Africa.

It is our duty as Member States to take all necessary measures in ensuring the safety and protection of journalists,” he insisted.

Ambassador Shiyo noted that the African Union, in collaboration with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other international partners, has made significant strides in promoting the safety of journalists through several initiatives.

As such he named the Platform for the Protection of Journalism and the Safety of Journalists in Africa.

However, he said, much more remains to be accomplished. We must escalate our efforts to combat impunity, secure accountability for crimes against journalists, and fortify national and regional protection mechanisms.

“As we commemorate the 10th anniversary of the International Day to End Impunity for Crimes Against Journalists and the 20th anniversary of the Peace and Security Council, let us commit to concrete actions. We must reaffirm our dedicated resolve to shield the rights and safety of journalists, particularly in conflict zones, and ensure that access to information is upheld as an inviolable human right,” he said.

Ambassador Shiyo conveyed his sincere appreciation to the outgoing Chair, Amba Boang, for his dedicated leadership of the Council in August 2024. He talked of the fact that his efforts have been instrumental in advancing our collective goals.

He congratulated Ambassador Manono for assuming the chairmanship of the PCS for the period of September 2024. Mr Shiyo commended him for the stellar manner that is leading the session.

He noted that, as usual, the United Republic of Tanzania avails itself of the opportunity to renew its commitment to support him throughout the tenure of his Chair-ship; Background to the issue has been that there has been an increasing complexity of armed conflicts, with the arrival on the ground of hostilities of new non-state actors who have made violent extremism their modus operandi, and above all the rise of Information and Communication Technologies.

Those have generated new ways of collecting and disseminating information, raise questions about the status of journalists The adequacy of the means put in place for its protection and the system of sanctions applicable to those who obstruct the collection and dissemination of information from belligerent circles.

The protection of journalists in Africa is a critical issue, given the numerous threats and challenges they face. There are various legal frameworks established at national, regional, and continental levels, as well as international levels, to ensure that journalists are protected.

For instance, the International Declaration on the Protection of Journalists outlines principles and best practices for ensuring journalists’ safety. Additionally, the African Court on Human and Peoples’ Rights has made landmark decisions to strengthen freedom of expression and combat impunity for crimes against journalists.

Despite these efforts, journalists in Africa continue to face significant risks, including harassment, imprisonment, and violence. These efforts and challenges underscore the ongoing need for robust protections and support for journalists across the continent.

The UN General Assembly, under Resolution A/RES/68/163, at its 68th session in 2013, decided to proclaim 2 November as the International Day to End Impunity for Crimes against Journalists.

Since then, every year, the day commemorates the needless loss of Journalists’ lives as well as urges Member States to implement measures countering impunity for crimes against journalists. 2 November 2024 marks the 10th anniversary of the International Day to End Impunity for Crimes Against Journalists (IDEI). This is another opportunity for the African Union to reflect on the progress made in the protection of journalists on the continent.

This year, under the theme ‘Safety of Journalists in Crises and Emergencies’ the UNESCO and the AU, have joined efforts to co-organise the global conference in commemoration the IDEI, from 6-7 November 2024, at the African Union Headquarters in Addis Ababa, Ethiopia.

These international efforts present that media is an indispensable player in Africa’s sustainable development and peacebuilding. Yet, the levels of impunity and rising cases of violations against journalists and media workers in Africa erode the rights to freedom of expression and opinion, access to information, assembly, and association. Many journalists, media professionals, and associated media personnel exercise their duties in highly dangerous contexts.

Too many pay unacceptably high prices, including death, enforced disappearance, torture, unlawful detention, and kidnappings for producing independent, reliable, and verifiable information. To address this multitude of challenges, there is an urgent need for enhanced collaboration between international, continental, regional, and national players in AU Member States.

This includes the media in Africa, governments, internet intermediaries, public and private sectors, academia, civil society, national and regional human rights bodies, and RECs/ RMs, and researchers to mitigate the effects of violations of the safety of journalists and media workers.

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AU’s efforts in safeguarding the safety of journalists

AU has been actively working to protect journalists across the continent. AU’s long-term strategic framework, Agenda 2063, envisions an ‘Africa of good governance, democracy, respect for human rights, justice, and the rule of law’ (Aspiration 3) and ’a peaceful and secure Africa’ (Aspiration 4).

The agenda emphasizes the importance of free and independent media as a pillar of democracy and a tool for promoting transparency, accountability, and good governance. In line with this vision, the AU advocates for the protection of journalists, recognizing their crucial role in informing the public, facilitating dialogue, and holding power to account.

The Resolution on the Safety of Journalists and Media Practitioners in Africa, adopted at the 67th session of the African Commission on Human and Peoples’ Rights (ACHPR) on 3rd December 2020, promotes the safety of journalists in AU Member States. It acknowledges the increasing threats faced by journalists in Africa, including intimidation, violence, arbitrary arrests, and even killings.

This Resolutions references the ACHPR/ Res.54(XXIX)01 on freedom of expression, ACHPR/ Res.169 (XLVIII)10 on repealing criminal defamation laws in Africa and ACHPR/ Res.185.(XLIX)2011 on the safety of journalists and media practitioners in Africa.

It further calls on Member States to take all necessary measures, in ensuring the safety and protection of journalists. In addition, the ACHPR resolution, further calls for the establishment of national mechanisms, for monitoring and responding to violations against media practitioners, and emphasizes the need for accountability and the importance of ending impunity for crimes against journalists.

Furthermore, it reaffirms that freedom of expression is fundamental to human rights guaranteed by the ACHPR, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, as well as other international documents and national constitutions as stipulated clearly under article 9 of ACHPR.

On Access to Information, in 2013 the ACHPR adopted the Model Law Access to Information_E.PDF (au. int) which detailed and practical content to the legislative obligations of Member States to the African Charter with respect to the right of access to information.

However, only 29 out of 55 African countries have enacted freedom of information (FOI) laws. In 2021, the AU and UNESCO launched the Platform for the Protection of Journalism and Safety of Journalists in Africa, which has identified four key objectives: promoting partnerships, prevention, protection, and prosecution of perpetrators of crimes against journalists on the continent.

The Platform was launched by H.E. President Cyril Ramaphosa, President of the Republic of South Africa, who was the Chairperson of the African Union.

He emphasized that “Our march towards the achievement of the aspirations of Agenda 2063, of the Africa we want, requires that we nurture and protect a free and independent media”.