An independent Zambian newspaper, "The Post", was recently released from accusations of interference in a court case involving former Zambia Army defence chiefs who are being tried on allegations of corruption. "The Post" gained a victory when the Magistrates Court dismissed an appeal by former Zambia Air Force (ZAF) commander, Lieutenant General Sande Kayumba, requesting that the magistrate caution editor Fred M'membe over stories about the case published in the newspaper.

Ongoing changes in the licensing regime are holding back Kenya's potential to become a regional e-commerce hub, industry players said. Entrepreneurs say most of the changes are making it harder for them to compete and are tilting the market in favour of their rivals.

Reporters Without Borders and Journalists in Danger (JED), its partner organisation in Democratic Republic of Congo, have written to Congolese interior minister Denis Kalume Numbi asking him to intervene in the case of newspaper editor Nsimba Embete Ponte and his assistant, Davin Ntondo Nzovuangu, who are being held incommunicado.

The Kanifing Magistrates Court will on April 16, 2008, hear the case of Fatou Jaw Manneh, a US-based Gambian journalist on trial for an alleged sedition. Media Foundation for West Africa (MFWA) sources reported that this followed the retrieval of Manneh’s file, which was reported missing at the last hearing on March 17, 2008.

What began as a widespread call for a general strike ended Sunday as the police cracked down across the nation, dispatching thousands of riot troops, arresting more than 200 demonstrators and fighting with protesters in the north. While two schools were burned and more than 150 people were reported injured in the northern town of Mahalla al-Kobra, it was the eerie emptiness of the normally teeming streets of Cairo that signaled the depth of discontent with President Hosni Mubarak’s government.

Following is a video that the Kenyan media has 'censored' It is an artistic response to the situation our BELOVED thieves have put us in the song was recorded on 3rd Jan 2008. Some of the excuses by some of the media houses were that it has been overtaken by events

I am surprised to have heard this morning from my national broadcasting corporation (TBC) that President Robert Mugabe has asked the Zimbabwe Electoroal Commission (ZEC) to recount the Presidential election votes. But why?

This means that the delay of not giving out the results clearly shows that the opposition has won the election and that, the ZANU-PF leader is in the process of manipulating the results. President Mugabe must accept the results whatsoever, why plunging the nation into a political turmoil? It really shows that Mugabe has sensed a situation of failure on his own side.

Why is he asking for the vote recounting when the election commission has not yet announced the results? If the results would have been out, then a disatisfied contestant is given time to complain of the results. But for him, this is in vice versa.

The International Federation of Journalists today accused the authorities in Zimbabwe of intimidation of journalists and called on the authorities to allow media to report freely as tension mounts following the elections for President held last Saturday.

The IFJ says the arrest of journalists in Harare yesterday was an attempt to sabotage media coverage media of the current political crisis and a possible run-up election which may be needed.

"It is absurd to suggest, as the authorities have, that these arrests are part of an investigation over spying," said Aidan White, IFJ General Secretary. "Put simply, this is a sinister act of political bullying."

New York Times reporter Barry Bearak, 58, and Steven Bevan a 45-year-old freelance journalist from Britain were arrested and charged with “practising without accreditation,” according to reports. They were held at a guest house in the capital Harare that is popular with foreign journalists. Two others who were not identified were also arrested.

"At this critical moment in the history of modern Zimbabwe people have a right to know about different political opinions in the election," said White. "Journalists must be allowed to report freely and without intimidation.”

The authorities have banned most foreign media coverage of the elections last week but a number of news organisations have filed reports from correspondents who snuck into the country. In the moths before the election the government cracked down on local and national journalists, shutting down newspapers and allowing members of Mugabe’s political party to harass and attack journalists with impunity.

“It appears that people are voting for change and if that means a fresh start for media and freedom of the press, then it is long overdue,” said White.

*The IFJ represents over 600,000 journalists in 120 countries worldwide. For more information contact the IFJ at + 32 2 235 2207

**Please send comments to or comment online at www.pambazuka.org

In this article Mukelani Dimba shows how freedom of information legislation can be used by citizens to pursue their socio-economic rights. He argues that it creates the conditions in which government decisions about resource allocation can be effectively challenged.

The third wave of democratisation in the developing world has created opportunities for development and reconstruction in many nations brought to their knees by past regimes that were oppressive, secretive and undemocratic. This has focused not only on infrastructure and the economy but also on a rethink of the relationship between those in power and those who voted them into power. In this reconfiguration we should recall the words of the American constitutionalist, Alexander Hamilton, who once said that ‘If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary… A dependence on the people is no doubt the primary control on government; but experience has taught mankind the necessity of auxiliary precautions.’

These ‘auxiliary precautions’ referred to by Hamilton included not only the courts and other organs of state but also the constitutional legal framework established to support them. If men and women were angels, basic human freedoms, such as the right to vote and freedom of expression (which includes the right to seek, receive and impart information), would not need to be protected in national constitutions. Nor would there be any need for special constitutional provisions obliging governments to share the spoils of economic growth fairly among citizens by ensuring that even the most impoverished have access to the services needed to sustain life, protect dignity and enhance the prospects of future generations. Alas, men and women are not angels, and we therefore need these ‘auxiliary precautions’ to protect the democratic order for the material benefit of the poor. It is vital that national constitutions not only protect civil and political rights but also promote the realisation of social and economic rights.

By social and economic rights, I refer to what Professor Kader Asmal, the South African human rights scholar, activist and former government minister, once called ‘the red and green rights’, namely the rights to housing, health care, food, social security, social services, education, human dignity in conditions of detention, healthy environment, land and security of tenure.

The third wave of democracy has not, in most cases, led to the social and economic development of communities previously materially disadvantaged by discriminatory and undemocratic systems of government. I believe that this is largely because the focus has tended to be on the full constitutional protection of civil and political rights as the cornerstone of the democratic order, while neglecting or partially entrenching social and economic rights within the constitutional framework.

Some correctly argue that democracy is not a sufficient condition for development or for social and economic equality. Many scholars have argued ‘that democracy will remain a formality unless it also includes substantive social and economic equality’ (Jones and Stokke, 2005). Amartya Sen’s argument is that ‘democratic institutions are guarantors for public deliberation and effective responses to poverty and deprivation’ (Jones and Stoke, 2005). Sen (2000) goes on to argue that:

‘Freedoms are not only the primary ends of development, they are also among its primary means. Political freedoms (in the form of free speech and elections) help to promote economic security. Social opportunities (in the form of education and health facilities) facilitate economic participation. Economic facilities (in the form of opportunities for participation in trade and production) can help generate personal abundance as well as public resources for social facilities. Freedoms of different kinds can strengthen one another.’

Mumtaz Soysal, in his 1977 Nobel lecture, argued that:

‘When those deprived of their socio-economic rights cannot make their voices heard, they are even less likely to have their needs met. If a person is deprived of one right, his chance of securing the other rights is usually endangered. The right to education and the right to freedom of information and open debate on official policies are necessary to secure full public participation in the process of social and economic development. The freedom of the human mind and welfare of the human being are inextricably linked.’

In countries where citizens have been unjustly denied access to certain services and resources because of their race or other societal background, a constitution, as an ‘auxiliary precaution’, that protects socio-economic rights is vital to the process of redress, reconstruction and redistribution.

The protection of socio-economic rights by a country’s constitution and their progressive realisation partially justiciable by the courts is a departure from the norm, where the focus has tended to be on judicial protection of political and civil rights. Traditionally, freedom of information (FOI) has found its place among the body of these political and civil rights.

During the era when only a few Scandinavian countries and the USA had freedom of information legislation, these laws created an understanding of FOI as merely part of the right of freedom of expression, which in and of itself had come to be perceived as a right that affected only journalists and political activists. Earlier international legal instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, also enveloped FOI within the broader right to freedom of expression. The newer Declaration on Principles of Freedom of Expression by the African Commission on Human and People’s Rights follows a similar route, the major difference being its extension of FOI to privately held information.

I firmly believe that it is when freedom of information is used as a form of leverage to protect or promote other socio-economic rights that it finds its real meaning in a developing-country context. The well-known and remarkable work of the MKSS in Rajasthan in India, emulated by other organisations in South Africa and elsewhere, shows how FOI can be used to the benefit of local communities and governments by helping social organisations expose corruption that compromises the proper implementation of development projects and social security schemes. This supports the idea that one of the purposes of the tools of democracy, such as FOI, is ‘to advance poor people’s access to socio-economic resources and services’ (Barbeton, Davis and Sarkin, 2000). This is consistent with the United Nations Development Programme in its assertion that:

‘Effective anti-poverty programmes require accurate information on problems hindering development to be in the public domain. Meaningful debates also need to take place on the policies designed to tackle the problems of poverty. Information can empower poor communities to battle the circumstances in which they find themselves and help balance the unequal power dynamic that exists between people marginalised through poverty and their governments.’

In India, for example, the government runs a massive food subsidy scheme as a social security measure to promote the right to food. Food rations are in most instances distributed through shopkeepers in the private sector, called ration-dealers. A person takes their ration card and collects food parcels from their local ration-dealer. The dealer then claims payment from the government for the food he has distributed to the community. However, some ration-dealers have been reportedly manipulating the process for their own ends by telling people that they have run out of food subsidy stock, offering to sell them food from their ‘ordinary trading stock’ instead. In the ration-dealers' records these transactions are recorded as distributions related to the food subsidy scheme and money is claimed from the government. The ration-dealers therefore get paid twice, by the customer and by the government.

This practice was exposed in a number of villages in Rajasthan when these communities, assisted by the MKSS, used the state’s freedom of information law to access the claims submitted by the ration-dealers to the government. Massive discrepancies were discovered between what the ration-dealers claimed and what they had actually distributed, which was captured on individual ration cards kept by each member of the community. By accessing government documents these citizens were able to reconcile what was claimed on paper with the reality on the ground. This illustrates vividly the multi-dimensionality of freedom of information in the developing world, where it can be used as tool for accountability, to protect socio-economic rights, fight corruption and improve government efficiency.

In Thailand, children’s right to education and fair and equal treatment was protected when one parent used the country’s freedom of information law to challenge a public school’s decision denying their child’s enrolment in one of the country’s best public schools. In seeking access to the results of enrolment tests, the parent exposed the discrimination that had hitherto been part of the selection process, and which favoured children from rich and prominent families. This action prompted a countrywide overhaul of the system of selection and enrolment in public schools.

However, in countries where freedom of information legislation has not yet been passed, citizens cannot claim the protection it might provide. In an area near the Tanzanian capital of Dodoma, schools were built with donor support on condition that the donor and the government would provide match funding for the money paid by parents towards their running costs; the funds would be controlled by local authorities and school principals. However, inefficiency and some reported cases of corruption have left some of these schools in a state of disrepair. There is simply no accountability for the use of these funds. Local people have no recourse open to them, short of social mobilisation, which in itself require access to information. But Tanzania does not yet have a freedom of information law.

In neighbouring Kenya, citizens have complained about the mismanagement of constituency development funds (CDF), which are funds controlled by members of parliament to fight poverty at regional levels. CDFs are also used to run educational and bursary schemes and constitute about 7.5 per cent of the government’s revenue. However, in Kenya the CDFs are popularly called ‘corruption devolvement funds’. Kenyans have very little recourse to ensure that they receive the services to which they are entitled because Kenya does not yet have a freedom of information law.

Slightly more fortunate are a group of women in KwaZulu-Natal, one of South Africa’s poorest provinces. Villagers in the hamlet of Emkhandlwini noticed that those in neighbouring villages were receiving water from municipal tankers while they were not. Their water source was a dirty stream that they shared with their livestock. Luckily, some villagers were aware of their basic civil rights because they had had some training, but they did not know how to seek solutions to the water problem without relying on an unresponsive local government political representative who had until then failed to deal with the issue.

In 2004, and with the assistance of the Open Democracy Advice Centre, the villagers used South Africa’s freedom of information law, the Promotion of Access to Information Act, to ask for the minutes of the council meetings at which the municipality had decided on programmes of water provision. They also asked for the municipality’s integrated development plan and budget. It took a frustrating six months before the information was released, but it showed that while there were plans to provide water, no-one had thought of sharing these with the community. With these plans in hand the women started asking difficult questions of the authorities regarding the delivery of water. The media also covered the case, which may have created sufficient pressure to prompt the municipality to act. Almost a year after the initial FOI request, fixed water tanks, replenished a couple of times a week, were installed in the village and mobile water tankers began delivering water, while the municipality worked on a more permanent solution of laying down pipes.

This case demonstrates how socio-economic rights can be realised through the use of freedom of information and public pressure rather than through litigation. Public pressure to influence resource allocation can only be effectively applied if there is sufficient transparency in the process of resource allocation. Freedom of Information creates the conditions in which decisions about the allocation of resources can be challenged.

I strongly believe that in countries plagued by socio-economic imbalances inherited from undemocratic systems of government, it is crucial that the products of democratic transition, such as freedom of information legislation, must be used to address these imbalances. In the field of socio-economic rights, as the cases above show, FOI creates a basis for contestation and justification of government decisions on resource allocation. It creates a basis for a fair and reasonable manner of decision-making.

I wish to conclude this article by quoting South Africa’s leading legal academic on administrative law, the late Professor Etienne Mureinik, who once wrote:

‘If the new Constitution is a bridge away from a culture of authority, it is clear what it must be a bridge to. It must lead to a culture of justification – a culture in which every exercise of power is expected and justified, in which the leadership given by government rests on the cogency of the case offered in defence of its decisions, not the fear inspired by the force at its command. The new order must be a community built on persuasion, not coercion.’

*Mr Dimba is the Deputy Chief Executive Officer of the Open Democracy Advice Center (ODAC), Cape Town. This essay was presented on behalf of the Open Democracy Advice Centre (ODAC) on the occasion of the international conference on Right to Public Information, organized by the Carter Centre, 26–29 February 2008, Atlanta, Georgia.

* Please send comments to or comment online at http://www.pambazuka.org/

The Gender and Development Unit are collaborating on the development of an online workshop on 'Writing for Publication in Peer Reviewed Journals on Sexual and Reproductive Health and Rights, Gender and Sexuality'. The aim is to assist experts in the field to write and publish academic papers in leading international peer-reviewed journals.

Created in collaboration with Georgia Tech in Atlanta, Georgia, the interactive site is the first of its kind for a truth commission. Its creators hope it will play a key part in Liberia's reconciliation process, bringing video footage of the TRC's work to Liberians around the world. "By hosting videos on our website, we hope to better engage Liberians at home and around the world in the work of the TRC" says TRC Chairman Jerome J. Verdier.

Reporters Without Borders condemns police use of violence against journalists covering a banned street march against cost of living increases in Dakar yesterday afternoon, and a police raid on a TV station that was broadcasting footage showing how police broke up the protest. “The security forces behaved in a manner unworthy of Senegalese democracy,” the press freedom organisation said. “Erasing pictures of clashes and preventing them being shown on TV is not an effective way of keeping order.

Zimbabwean police on Thursday arrested two foreign correspondents, including a New York Times correspondent who was covering the country's election. "I can confirm that we have arrested two reporters at York Lodge for practising without accreditation," said police spokesman Wayne Bvudzijena, who added the police would identify them on Friday.

Lilianne Nyatcha has withstood intimidation for her coverage of Cameroon's crackdown on political protests and harassment of the private press. She has also trained other women to test the boundaries and follow her lead.

EISA Johannesburg has a vacancy for a Library and Publications Clerk, reporting to the Senior Librarian and Publications Officer in the Library and Publications Unit.

In the wake of what many are calling an "exorbitant" penalty for libel, a diverse group of Moroccan newspapers is coming out in support of Al Massae daily. The papers say the decision threatens independent journalists and free speech.

What is the world doing about this? A powerful radio in Zambia can disrupt transmission and frequency of other radios in neighboring Malawi or the vice versa. So is the case with other countries like Kenya, Uganda and Mozambique. In this line, Engineers from Zambia, Malawi, Kenya, Uganda have converged in Malawi trying to share new ways of distributing their radio frequency and transmission modules to minimize interferences and congestion in transmission channels.

This book presents the context, theory, and current thinking on the interaction between ICTs and local governance, particularly in Africa. It discusses the shift from “government” to “e-governance,” describes the role of local-level authorities, and presents the benefits and limitations of introducing ICTs in government operations. Case studies from Ghana, Senegal, South Africa, and Uganda describe local governance/ICTs projects executed by civil society organizations, academic institutions, and government authorities.

The International Federation of Journalists (IFJ) has called on Moroccan authorities to investigate an attack on Mohamed Daw Serraj, a journalist and general secretary of the Syndicat National de la Presse Marocaine (SNPM), who sustained head injuries after two men assaulted him with a metal bar.

While the kenyan elected leaders are battling it out over appointments to lucrative cabinet ministerial posts, Musa Radolo reports on the country’s journalists as they battle post election violence psychological trauma

A majority of the journalists in the country were either directly or indirectly hit by the problem while on duty as a result of being the first witnesses of violence victims and deadly personal encounters while covering the grisly post general elections violence which gave birth to the current jostling for cabinet ministerial posts.

The bickering over the posts that has since hit a stalemate comes in the wake of signing of a power sharing deal between the protagonists, Presdident Mwai Kibaki of Party of National Unity (PNU) and Raila Odinga of Orange Democratic Party (ODM) brokered by former UN secretary general Koffi Annan that saw the end of the violence resulting from the disputed 2007 general elections presidential results.

For the last three weeks, the badly psychologically traumatised journalists have been pouring out their extremely painful experiences during the violence that have remained to haunt them to date without getting relevant medical attention.

Post general elections violence trauma counselling sessions for media practitioners has so far revealed extremely disturbing varied traumatic experiences from the practitioners based across the country. Tearfully describing situations in which they invariably found themselves in as they discharged their duties for their respectful media houses. Making revelations of untold stories of their harrowing encounters at the mercy of marauding deadly merciless gangs or police.

Tear provoking experiences that in most cases threatened their very lives as they found themselves between hard rocks and steel. Simply because they had been identified as reporters or photographers of some mainstream media houses perceived by the violent gangs either as being pro-PNU or the ODM.

The media practitioners based in various regions of the country perceived to be ODM strongholds and working for media houses perceived to be pro-PNU were in danger just like their colleagues in a vice versa situation. The dangers were as real as those experienced by any ordinary Kenyan caught up in circumstances generated by the post election violence – perceived to be either an ODM supporter in a PNU stronghold or the other way round.

The worst experiences for the “messengers” were that despite being on duty just like the members of the disciplined forces – the police - became victims of police brutality – yet their only ammunition or tools of defence were – pens, note books and cameras. Their tools of trade.

The ministry of information and communications acknowledges the deadly risks involved saying that during the coverage of violent conflicts (post general elections), journalists and photographers often found themselves in the frontline of the events to get the best images and stories.

“This invariably exposes them to undesirable but necessary risks and experiences. Such as the gruesome images witnessed may haunt the journalists/photographers and cause them psychological illnesses that have far reaching ramifications including at work places and families,” says the permanent secretary Dr. Bitange Ndemo.

The critical question here being the serious health problems and complications they developed and experienced before during and after the last general elections. Many had never been exposed nor prepared for the gruesome scenes and risky personal experiences they encountered – especially in the post election violence.

Dr. Ndemo says that evidence gathered and symptoms reported so far range from anxiety and depression to emotional numbness and substance abuse. Post traumatic stress being another major cause for concern as it threatens the mental state of the affected media practitioners at the work place as reported by scores of media houses.

A round table meeting held in Nairobi immediately after the violence started slowing down of media stakeholders reported: “Journalists and media practitioners are traumatised but are lacking counselling to deal with the post violence trauma and the self denial.”

Another major challenge that was identified at the meeting was the urgent need to address serious issues of interpersonal relationships within the newsrooms of the different media houses occasioned by the partisanship and the huge chasm/divide the last general elections created between journalists in their places of work.

During one of the ongoing counselling sessions it emerged how a photographer with one of the mainstream media houses in the country was unable to take the harrowing and numbing gruesome pictures of the scenes he had witnessed and the deadly violence he and colleagues nearly became victims of.

The photojournalist had been assigned to cover the violence in Nairobi’s sprawling Kibera slums. What he saw and witnessed was extremely shocking and devastating beyond words. It completely paralysed him into a glaring zombie.

When he went back to the newsroom the News Editor asked: “How was the situation and Where are the pictures?”

He replied: “It was terrible. It was horrible. I have never seen anything like that. It is unbelievable. I have no pictures. I did not take any. I couldn’t. It was too much.”

It was only on further inquiry that the news editor came to establish the exact circumstances that made the photographer to be completely unable to un-sling his camera and fire away to capture the scenes. It was even later that the editor realised that he had been adversely affected psychologically and had to be taken for treatment and counselling.

This state of adverse psychological impact hit hundreds of journalists across the country who were deployed to cover the post general election violence by their various media houses. Two months after the end of the violence, they are still suffering from the post elections violence trauma.

None had been prepared nor had they ever been trained on how to handle and cope with such situations. None of the media houses had budgeted for dealing with the post general election psychological trauma for their editorial staff.

In recognition of the desperate situation in which the Kenyan journalists are still wallowing in – the post general elections violence trauma, the International Media Support (IMS) has swiftly swung into action to counsel those who are suffering. None of them had tried to seek treatment nor counselling. They had no resources or knowledge of where to go and what to do.

The initial phase of the programme targeting 150 journalists and photographers spread across the country is ironically being spearheaded by the Kenya Association of Photographers, Illustrators and Designers (KAPIDE) jointly with the Kenya Correspondents Association (KCA) and not the Media Owners Association nor the Media Council of Kenya. The target areas are those worst hit by the violence – Nairobi, Nakuru, Eldoret, Kisumu and Mombasa.

A research conducted last year by the African Women and Child Features (AWC) established that members of these two associations contribute more than 85 per cent of the news content that comes out of Kenya’s media outlets.

This percentage tends to go higher during the general electioneering years as media houses’ focus tends to shift from the city to the provinces or rural Kenya on political campaigns and elections. Members of these associations are also the worst paid and most ill equipped to carry out their duties.

Those affected say that as they found themselves in the thick of the deadly violence, unlike their colleagues reporting for the international media outlets – without bullet proof vests nor gas masks, sometimes without vehicles.

“We survived by the grace of God. Because we found ourselves taking cover as bullets from police guns whizzed all over. Some of our cars were lobbed with tear gas canisters inside. We were constantly in danger from police guns and tear gas as well as crude weapons wielded by marauding blood thirsty gangs,” said Joseph Cheruiyot.

He went on: “The situation got so bad in Kibera that if you were identified as a reporter or photographer for media houses perceived to be pro-PNU you were at risk of losing your life. Worse still people refused even to talk to the local media houses’ journalists because some colleagues covering the events for international media houses were paying out cash to get information.”

The provinces and the districts were the very areas which were hardest hit with the violence that saw more than 1200 people killed and 150, 000 displaced from their homes into the Internally Displaced People’s camps where many are still residing.  Journalists/photographers based in these areas were the worst affected. Yet the most ignored by their media houses.

“The media owners and employers in the media industry should also recognise the importance of emotional psychological and physical effects that are caused by their professional hazards,” says the permanent secretary.

He argues that besides the hazards the journalists/photographers experience in the field, many employers increase their stress levels because of the demands to meet targets within specific timeframes, whereas the staff were working under difficult circumstances and environments.

The situation was not made any better by virtue of the fact that many journalists found themselves in circumstances forcing them to offer help to critically injured victims of the violence at the risk of their own lives, yet they are not trained even in the rudimentaries of first aid.

A leading psychology doctor at University of Nairobi’s faculty of medicine, Dr. Sobbie Mulindi says the post election violence trauma can cause a lot of medical complications for the journalists/photographers who were affected unless counselled and treated immediately.

Dr. Mulindi who is spearheading counselling sessions of the affected journalists says that many of the media practicing victims risked developing deadly health problems like hypertension, general heart ailments, kidney complications, nervous breakdowns among others.

“Many journalists who were affected tended to resort to alcohol and substance abuse, abnormal behaviours which can lead to disastrous consequences. Psychological trauma has to be dealt with urgently. Apart from putting at risk the lives of the affected persons, it is possible that it can also be transmitted from one generation to another,” he said.

The doctor says that immediately the violence broke out with a team of other psychological trauma experts in Nairobi mobilised counsellors based in HIV/Aids VCT centres across the country for induction and deployed to IDP camps to counsel the victims of the post general election violence.

* Musa Radoli writes for the Royal Media Group in Kenya is the Secretary General of the Kenya Correspondents Association.

**Please send comments to or comment online at www.pambazuka.org