Journalists and human rights activists have today condemned the action by the government to close down two newspapers and two radio stations for their reporting on the controversial letter by Gen. David Sejusa.

Police officers today sealed off offices of Daily Monitor, armed with a search warrant. But the search turned into closure as the police led by Criminal Investigations Department Deputy Director Godfrey Musana said the Daily Monitor premises are a crime scene. The police also sealed off offices of Red Pepper, a daily tabloid and declared it a crime scene too.

The security operatives switched off the printeries of the newspapers, as well kfm and Dembe fm to the astonishment of the staff of two media establishments.

“Instead of carrying out the search, the armed men disabled the printing press, computer servers and radio transmission equipment.”“The intention was to prevent the monitor from operating, broadcasting and printing its newspapers. We are horrified by this act, which is a gross disregard of the Ugandan law and a violation of the Monitor’s constitutional right,” said Alex Asiimwe, Daily Monitor’s Managing Director .

In a press statement, Police Spokesperson Judith Nabakooba said the police received intelligence information that there are people who have started scanning signatures of senior government officials “with the intention of using the said signatures on documents claiming they are officials documents from government whereas not.”

The Uganda Journalists Association President Joshua Kyalimpa and the Coordinator of the Uganda Journalists Human Rights Network Wokulira Sebagala issues statements today condemning the government for what they termed as attack on press freedom and freedom of expression.

These events are a result of coverage of Gen. Sejusa’s controversial letter first published by Daily Monitor on May 7. The letter by Gen. Sejusa aka Tinyefuza was written to the Director of the Internal Security Organisation to investment claims that there is a plot to assassinate or link to rebellion senior army and government officials allegedly against “Muhoozi project”   an alleged plan to have the president’s son succeed him in State House.

Gen. Sejusa, the coordinator of intelligence agencies is said to have mentioned himself Prime Minister Amama Mbabazi, Chief of Defence Forces Aronda Nyakairima among the people being framed.

In an email showed to journalists by a Kampala his lawyer Joseph Luzige, Gen. Sejusa accepted to have written the letter but said he handed it over to the Director of ISO himself and is not sure how it got to journalists.

Here are more articles and documents on the matter

Court orders Daily Monitor journalists to name source– African Center for Media Excellence

Monitor offices under police siege -Daily Monitor

Military officer’s assassination allegations ensnare journalists

‘Warning to media against undermining national security’

Police question Monitor journalists as government moves to gag media

President’s aide storms newspaper office, threatens journalists

Govt is tampering with right to know

ISO agent arrested at Monitor, Gen Tinye’s case goes to court

Oguttu accuses UCC, minister of intimidating journalists

UCC (Uganda Communiction Commision) warning.pdf

Police statement on Daily Monitor Red Pepper premises search 20-05-13.docx

Police statement on Daily Monitor Red Pepper premises search 20-05-13.docx

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The sources who claim to be knowing Kalinaki’s plans tells us that the man wants to be working in one of the UN offices in US or anywhere UN will deploy him.

Now the big question is, will the Nation Media Group Head quarters in Kenya appoint the Daily Monitor’s news editor Alex Atuhairwe to step into Kalinaki’s shoes?

And for you all guys searching for jobs out there, get prepared to replace Kalinaki in case it is true the guy is leaving. But are you able to step into Kalinaki’s big shoes.

By Doreen Nyanzi

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Sulaiman Madada

Addressing journalists during a half day briefing of MPS on Uganda’s media laws Madada said that government is willing to work with the media and therefore journalists have to be mobilized.

He says that the media plays a big role in the society and therefore no government can survive without the media.

Madada however says that the media organizations do not want to follow some procedures in presenting their grievances and this is how some laws come out in a way that is not friendly to the media.

He said that journalists should identify allies in government and use them to advocate for their cause.

Ultimate Media

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Kasooha, a freelance with the New Vision and Kagadi Kibaale Community Radio (KKCR) was reportedly hit with stones by rowdy students who also pelted stones at their teachers.

The irate students staged a violent strike on July 19^th 2011 accusing their teachers of harassing them, giving them corporal punishments and failing to account for the examination fees.

The students claimed that they paid Uganda Shillings 5,000 equivalent to US $ 2 for Mock exams but were surprised when the school gave them past papers of some schools from Mukono district.

The strike has led to the closure of the school until the causes of the strike are addressed by the concerned authorities as a number of innocent people fallen victims of circumstances.

“The stones hit me on the chest and stomach. I fell down in pain and was rescued by Anti Riot police led by Daniel Omara, the OC of Muhorro Police station” said Kasooha.

He said he was rushed to a clinic in Kagadi town where he attained medical treatment. “It’s a pity that journalists in Uganda continue to suffer acts of violence with impunity from primary beneficiaries of media work who are supposed to protect them,” Kasooha said

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He was assaulted by a mob led by Jackline Nzaare, the wife of Mr. Cox Nyakairu, who is the Kabale Resident District Commissioner (RDC). They were demolishing a house of a Widow Monica Asiimwe whom Nzaare was accusing of grabbing her piece of plot.

An RDC is president’s representative at district level responsible for monitoring the implementation of central and local government services among other roles as per Article 203 (3) of the Constitution of the Republic of Uganda.

RDC Nyakairu early this year was also reported harassing journalists in Kabale district over a story which alleged that he pulled out a gun at a UMEME staff that had gone to his residence to disconnect power due to accumulative bills.

Ayebazibwe said he was called by his editor to go to Nyamikyabora Ward in Mbarara Municipality to cover a scuffle involving demolition of a house. He said “when I began taking pictures, one of her men alerted Jackline Nzaare that am a journalist, she immediately ordered for my arrest and all of a sudden a mob pounced on me confiscating my camera and phone.”

Ayebazibwe then ran for dear life and reported the matter to Mbarara police station leading to the arrest of three suspects who were briefly detained and later released on police bond.

When HRNJ-Uganda Monitor contacted the OC CID Mbarara Allan Tusiime confirmed the incident but added that police is investigating and the process is likely to be concluded soon and the matter will be taken to court.

“Our only fear is that parties involved in the case are politically powerful who are likely to compromise police in Mbarara but we want all involved in committing the violence be brought to justice and taken to court without delay.”

Ayebazibwe alleges that he’s living under pressure from fellow journalists in the area who pushing him to drop the case, saying that it will turn against him.

The Human Rights Net work for Journalists program officer Wokulira sebaggala demanded  for the arrest of RDC’s wife Ms. Nzaare who ordered the beating and the case should be expeditiously investigated and taken to court.

By Isaac Senabulya

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Ssetongo’s out cry was in line with recent harassment and beating of Journalists while on duty which she said must not continue because the role of Journalists is to inform the public and therefore should not be harassed while on duty.

She also revealed that as workers representative in the 9^th Parliament she will push for the enactment of Minimum wage so that Uganda can suit with other Countries in the Region so that Ugandans are not cheated as they pursue their duties.

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Musisi 37, a resident of Nabusanke, Nkozi Sub county Mpigi district was charged with publishing false news on 24^th/March/2011 by Buwama Grade II magistrate court.

Charge came after Musisi had been arrested and detained at Buwama police station for more than 24 hours.

Human Rights Network for Journalists-Uganda (HRNJ-Uganda) with partners Media Legal Defence Initiative (MLDI) hired a lawyer from Mukiibi, Kawooya and Onyango and Company advocates to challenge the defective publishing false news charge

The lawyers argued that the Supreme Court Judge J.N. Mulenga in 2004 declared the law on publishing false news unconstitutional saying that it was exerting unacceptable chilling effect on the freedom of expression.

Appearing before the Buwama grade II magistrate Noah Muwonge , Francis Onyango a lawyer representing Musisi argued that by the time of charging Musisi there was no offence called publishing false news in our law books which makes it non-existing.

He added that the constitutional provision which calls for any criminal offence to be defined and punishment prescribed in our law books was abused by the state.

It’s on that basis that magistrate Muwonge dismissed the case saying all subordinate courts of the highest court in the land the Supreme Court are supposed to be bound to its decisions.

Ultimate Media

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Speaking at a public dialogue on the current situation of human rights defender in Jinja, the Jinja district police liaisons officer Abdullah Mpanuha says this will help journalist being injured or killed during riots and other demonstrations in the country.

Mpanuha says the police don’t intend to harm any human rights defender like journalist but at times they are mistakenly injured.

The former human rights chairperson and UN special rappel tour Mrs. Margrate Sekajja is however opposed to the proposal of taking journalist for military training saying this can’t provide a permanent solution to mistakes and mistreatment and harassment as witnessed in the past walk to work protest organized by the Action for change in collaboration with opposition parties in protest of increased fuel and other essential household items in the country.

Ultimate Media

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More than a dozen of journalists have been physically attacked including being shot, intimidated, arbitrarily arrested and detained, restrictions imposed on their movements and assaulted since the ‘Walk to Work’ campaign begun.

The Walk to Work campaign is an initiative of opposition political parties and activists protesting high fuel and commodity prices.

In the media stakeholders’ crisis meeting organized by Human Rights Network for Journalists-Uganda (HRNJ-Uganda) at Grand Imperial hotel Kampala, journalists under their six organizations condemned the increasing violence against frontline journalists on duty by security apparatus

Article 24 of the Constitution of the Republic of Uganda states that “No person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment”

Organizations namely; Uganda News Paper Publishers’ and Editors Association, Human Rights Network for Journalists-Uganda, Uganda Journalists Association, Uganda Parliamentary Press Association, Uganda Media Development Foundation and Editors’ Forum unanimously agreed that the right to press freedom and freedom of expression were under attack.

Journalists observed that attacks are systematic which are intended to destroy evidence of abuses committed by military police against civilians and majority journalists were barred from accessing Entebbe International Airport on both 11^th and 12^th/May/2011.

Mulindwa Mukasa a reporter with Wavah Broadcasting Service (WBS) TV is one of the victims who sustained injuries on his left arm. He testified that he was assaulted before his camera was forcefully confiscated while filming anti riot and military police dispersing Dr. Besigye’s supporters using live ammunition and tear-gas.

Several photojournalists’ equipments were confiscated by both military police and Uganda Police Force. These include, Joseph Mary Buule a reporter with a state owned television Uganda Broadcasting Service (UBC), Stephen Otage a photojournalist with the Daily Monitor, a freelance journalist Francis Tumwekwasize, Ayebare Allan a photojournalist with the Razor new paper, Michael Kakumirizi a photojournalist with the Red pepper. He sustained a big cut on his head, Eddie Ssejjoba a photo journalists with the New Vision, Robert Mutebi a photojournalist with Bukedde News Paper and Luswa Anatooli a photojournalist with Eddoboozi news paper

Other journalists who were assaulted are Mercy Nalugo a reporter with the Daily Monitor, Gideon Tugume a reporter with Capital fm, Simon Njala Kagwa a reporter with radio One, Nasser Kayanja a reporter with radio Simba lost his recorder.

Journalists unanimously resolved to blackout all press conferences at government manned Uganda Media Center, activities of the police and the Uganda People’s Defence Force.

Uganda Media Center is the government’s mouthpiece and organizes press conferences for all government departments.

Journalists are set to petition president Museveni on Monday the 16^th/May/2011 demanding for immediate release of all journalists’ tools of trade and replacement of all damaged equipments.

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The report released today indicates that 55 journalists were subjected to different forms of violence singling out particularly physical attacks on individual journalists to be on rise with 36 cases.

The PFI report which highlighted the plight of journalists and show cased the environment under which the media operate covers a period of six months between November 2010 and April 2011.

Although supporters of different political parties committed numerous attacks against journalists especially during February elections but the Uganda Police Force which is supposed to protect journalists leads the list of tormentors with 19 cases.

Others include, supporters of political parties with 12 cases, the Uganda People’s Defence Forces (UPDF) with 9 cases, individuals with 7 cases, media owners with 3, university students with 2, Residents District Commissioners (RDCs) with 2 and unknown attacker with 1.

The unlawful actions of UPDF and its subordinate institutions including Joint Anti Terrorism Task Force (JATT) and Chieftaincy of Military Intelligence (CMI) have increased against journalists from kidnap, detention in communication, arbitrary arrest, and confiscation of journalists’ tools of trade to erasing photos or video clips.

The period under review had 36 cases of physical attack on journalists out of 55 cases recorded between 1^st November 2011 and 26^thApril 2011. The other nature of cases committed against journalists in Uganda namely; kidnap and detained incommunicado 1, direct threats 7, arbitrary arrest and detention 5, journalists sacked under duress 3, false charges 1, and 1 camera was destroyed.

Journalism becoming a risky job for some

“We are saddened that no attacker has ever been brought to justice. Even the few, who were arrested, were released on orders of either Resident District Commissioners or District Internal Security Officers (DISO) like in Aleptong district. The physical attack figure is worrying because it’s the highest to be documented in six months” said HRNJ-Uganda Programmes Coordinator Geoffrey Wokulira Ssebaggala

Attacks on free speech and access to media platforms;

A number of radio stations blocked the opposition candidates from accessing the platform on order of proprietors or RDCs. This was witnessed in Bunyoro Kitara region where the Inter party cooperation (IPC) candidate Dr. Kiiza Besigye was denied access even when he had paid for the space. The five privately-owned radio stations in the Bunyoro-Kitara region all blocked Dr. Besigye from appearing on them. He was scheduled to appear on Bunyoro Broadcasting Service one evening but its owner, Mr. Ernest Kiiza, is said to have ordered for the cancellation of the programme.

He was also turned away from different radio stations, namely; Radio Kitara, owned by President Museveni’s pilot Brig. Ali Kiiza, Spice FM owned by PPDA Executive Director Edgar Agaba and Kings Radio owned by the Information Minister Kabakumba Masiko.

In Hoima, Dr Besigye was scheduled to appear on Radio Hoima one evening but an apparent visit by Hoima RDC Martha Asimwe to the station prompted its owner Canaan Kyanku to reject Besigye and his team.

In Kampala, private owned radios like Dembe FM owned by businessman Patrick Bitature saw its management turn away advertising business from FDC/IPC. Some other private and public media houses including television and radio stations were paid to advertise opposition political parties’ manifestos but refused to air them and never returned the money.

Through the election period, the Uganda Broadcasting Council used its powers to influence broadcasters on what content to broadcast, for example towards elections in April 2010, the BC ordered privately-owned radio Voice of Lango to suspend two presenters for hosting the opposition group Uganda People’s Congress (UPC) leader Dr. Olara Otunnu.

Similarly, on 17th December 2010, the BC instructed Voice of Kigezi to dismiss a radio presenter; Ms. Prosy Nyeteitera for participating in what it called partisan politics. In a letter to the management of the radio station, the BC blamed the presenter for airing views that support the opposition. Such threats and suspensions resulted in self censorship by many reporters who had to choose between reporting and losing their jobs. The end result has been reporting only what is acceptable by the state.

On 31st December, 2010, the BC blocked CBS radio -a Buganda Kingdom owned radio and other radio stations from broadcasting live an annual conference (Ttabamiruka) organized by Kingdom to address Buganda issues. The BC equated the live broadcast to the public debates which were banned by the same body following riots in Buganda in 2009. The effect of such curtailing of broadcasts is to ensure no public debate and sharing of information is carried out and this negatively affects freedom of speech and association in Uganda.

On 16th February 2011, the BC ordered telecommunication service providers to block citizen election monitoring SMS services, claiming that such services were likely to promote hatred and create discomfort among the public. The BC met with telecommunication service providers including Airtel, Orange and WARID and ordered them to stop relaying information to data centers owned by DemGroup -an election observer organization and the opposition FDC/IPC tally centre.

In the same communication, the EC ordered all internet service providers not allow relaying of such information to the tally centers set up by CSOs and Opposition groups. This did not only curtail the enjoyment of freedom of speech but also limited participation of independent observers in the electoral process.

“We are concerned that the BC has assumed powers way beyond its legal mandate and has continued to violate and undermine media freedom and freedom of speech in Uganda. The BC has removed itself from being a neutral body charged with regulating the industry to being a body acting to promote particular party interests” said Ssebaggala.

He said the current media freedom and freedom of expression situations require the intervention of international community and United Nations whose voices can be heard and understood by the Ugandan government.

Media self censorship

The actions of the BC and other government agencies resulted into self censorship of the media; the self censorship mainly was through internal editorial policies and employment policies. Whereas some media houses especially radios could not allow broadcasts considered to be promoting ideas of the opposition in form of news, some media houses refused to air adverts and any other issues relating to the opposition.

Cases in this line can be seen in Nakaseke where a community radio closed out the opposition IPC/FDC even after the IPC had paid and received a receipt for the airtime. Similarly on the Mid Western Uganda, the IPC flag bearer was denied access to several other radios including Bunyoro Broadcasting Services, King’s Broadcasting Services, Kitara FM, Spice FM, Radio Hoima and Liberty Broadcasting Services even when some of these radios had received payment for the programmes.

Self censorship also focused on suspending programmes or presenters considered critical of government, the presenters and journalists suspended include; James Kasirivu a presenter at Mbarara based Endigito Radio, suspension of 9 reporters from Freedom FM in Kabale, sacking of Top Radio Masaka journalist one Ssekimpi on grounds of challenging the Returning Officer, suspension of journalists from covering political rallies on Tropix FM in Masaka, among others.

The suspensions and dismissals had an effect of threatening journalists, presenters and other media practitioners from publishing issues critical of government or covering the opposition.

Censorship of social media

Social media space has increasingly become narrow in Uganda. The social media is often viewed by the state as a platform through which the opposition and those against the government channel their views to the public.

The government’s actions towards the social media clearly indicate that such platforms are to mobilize the people rebel as opposed to sharing information and social networking. As a result there has been increased clampdown of the social media space including both the informal and formal social media.

During and after elections, the Uganda Communication Commission (UCC) has been under pressure from security apparatus to block social media platforms. Following the Walk-to-Work protests, the UCC moved fast to ban social networks specifically Facebook and Twitter.

According to the April 14th letter obtained by HRNJ-Uganda, the UCC directed the Internet Service Providers (ISPs) to shut down Facebook and twitter platforms for 24 hours.

The letter signed by Mr. Quinto Ojok, the Acting Executive Director, addressed to major providers of internet, namely; Broad Band Company, Foris Telecom Company and Infocom Limited, among others, stated that UCC was requested by security agencies to minimize the use of such platforms.

The period has also seen an increased of surveillance on media work by the Uganda security apparatus. Security organs have infiltrated into news rooms where some journalists have been recruited armed and have been put on the payroll of security agencies to spy on fellow journalists and operations of newsrooms.

On 14th/April/2011, the Uganda Police Force boss and his juniors called different news rooms pleading not to air police brutal attacks on the protestors. A news manager from one of media houses who spoke on condition anonymity told HRNJ-Uganda that these directives were ignored because they were not legally binding and media houses went ahead to relay live pictures whose actions did not please some journalists in the news room. Spy journalists called back the police about noncompliance.

Information obtained by HRNJ-Uganda indicated that the police leadership was puzzled about the media refusal and called State house for intervention.

Sources told HRNJ-Uganda that the state house team directed the Uganda Communication Commission (UCC) to stop media houses from live coverage of the ‘Walk-to-Work’ protests. The directives were also reported in the daily monitor of April 20th.

Recommendations

The government of Uganda and all its agencies should put in place measures to ensure protection of rights and freedoms guaranteed under the constitution.

Specifically we recommend that;

i.                     Parliament repeals all laws inconsistent with media freedom and the practice of media freedom including sections in Anti Terrorism Act, the Interception of Communication Act, repeal of criminal libel, NGO Act and the regulations as well as repealing of promotion of sectarianism, repeal S. 33, 34, 35, 36, 38, 39, 40, 42, 43 and 44 of the Penal Code that deal with importation of publications and false news and all other sections of the PCA that undermine media freedom.

ii.                   Parliament amends and provides for better media space and freedom of expression including amending the Press and Journalist Act to provide for clarity on the media code of conduct, to provide for media practitioners including non journalists, provide for protection of individual journalists from exploitative media house owners and the state.

iii.                Parliament drop all proposed bills undermining media freedom including the Press and Journalist amendment Bill, the Anti Homosexuality Bill, Public Order Management Bill among others.

iv.                  The Directorate of Public Prosecution (DPP) drops all sedition charges and similar charges against individuals (including journalists) since the Constitutional Court ruled this offence and other offences unconstitutional. Similarly the UPF should stop forthwith from charging people from offences that were ruled out to be unconstitutional.

v.                   The UPF, DPP and Courts of law should work expeditiously to ensure journalists facing trial are heard and fair decisions reached without undue delay. Similarly cases and complaints against government officials and individuals who violate journalists’ rights should be heard expeditiously to ensure justice.

vi.                 The BC and the UCC should work for the promotion of media freedom in what is acceptable in a free and democratic government by;

a.      Stopping forthwith intimidating media owners and practitioners into blackmailing them and canceling their licenses whenever they broadcast what the BC or the UCC doesn’t agree with.

b.      Stopping forthwith arbitrary punishment of media houses and practitioners which/who are considered to act outside their realm. The BC and UCC should ensure that whenever a practitioner has acted in contravention to the set standards, such a practitioner should be punished in accordance with the law established, given a chance to be heard and therefore have a fair trial

c.       Ensure that whenever an action is to be taken, the BC and the UCC have powers to do so, granted to it by the laws in Uganda.

vii.                The Government of Uganda should disband military and paramilitary groups set for the purpose of monitoring media freedom who in many cases have violated media freedoms and have undermined freedom of speech. Such work should be left to the UPF who should act professional and transparent in their work with media practitioners.

Recommendations to other stakeholders

viii.               All media practitioners in Uganda including media owners, journalists, reporters, DJs, presenters, among others should commit their efforts to protection and defence of media freedom. Media practitioners should form a sharing forum through which they can report cases of threats and attacks and a mechanism to respond to the appropriately.

ix.                 Media owners and employers should incorporate protection of journalists and other practitioners in their day-to-day work. Specifically, set aside resources for legal defence for their employees, health schemes and rescue for employees under threat.

x.                   CSOs should increase training for media practitioners specifically in personal safety and security and rights. All of these will help media practitioners protect themselves.

xi.                 CSOs and the media should increase community awareness on the role of the media, human rights and respect for rule of law in Uganda so as to curb hooliganism, mob justice and targeted attacks on media practitioner.

For more the full report follow this link: www.hrnjuganda.org/media_report.pdf

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