Free Press Environment In South Sudan a Far Cry
"It was difficult to understand what on earth the security personnel
and the police had to do with the code of dress in the conference"
23 April 2011

By Jacob K. Lupai

On the 9th July 2011 and probably at 12.01am Sudan local time South
Sudan, amid much fanfare countrywide, will be formally declared as the
independent Republic of South Sudan, becoming the newest independent
nation in the world. On the freedom of the press the question to ask
is, will there be free press environment in independent South Sudan?

For now, according to a press release, the Minister of Information and
Broadcasting Services in the Government of South Sudan (GOSS) said the
GOSS allows journalists to freely exercise and perform their duties
without entertaining violence, harassment or threats from any faction
in the society against them, stressing the journalists must operate
freely. This is indeed a very bold statement on the freedom of press.

However, what happens in practice may be another issue. It is
important to note that the Minister of Information and Broadcasting
Services is the official spokesman of the government. He is an
eloquent communicator and does his best in presenting the government
as caring. The Minister is diplomatic and could make an excellent
Minster of Foreign Affairs.

(But) the freedom of press cannot be guaranteed without the enactment
of media laws to protect journalists and the public. Creating a free
press environment therefore needs laws. Free press environment cannot
be on the mercy of individuals and to depend on their whims or on how
they may be comfortable with what the press may say. The Minister of
Information and Broadcasting Services, however, has affirmed that
journalists are free to perform their duties without harassment or
threats. Nonetheless contrary to what people are made to believe a car
load of armed police raced to the premises of the Citizen Newspaper in
Juba to arrest the Editor-in-Chief who was apparently in a meeting
with a Norwegian diplomat. The diplomat was ordered out while the
Editor-in-Chief was being arrested and bundled into the waiting car.
If this was not a harassment of a journalist it is difficult to see
what it was.

According to the Interim Constitution of Southern Sudan, 2005 Article
28 Freedom of Expression and Media Sub-Article 1, “Every citizen shall
have an unrestricted right to the freedom of expression, reception and
dissemination of information, publication, and access to the press
without prejudice to order, safety or public morals as determined by
law”. It is abundantly clear that the constitution guarantees freedom
of expression but the enactment of law is paramount in guaranteeing
that freedom.

However, it seems obvious that people who may hardly read the
constitution abuse their positions in arresting people with impunity
with no due respect for the constitution. Semi-literate people can be
the problem when they arrest citizens without due process of the law.
For example, according to the Code of Criminal Procedure Act 2008,
Section 73 Sub Section 1, it is clear that a public prosecution
attorney, magistrate or a court empowered is the one to issue a
summons for the appearance of any person after reasons have been given
in writing in issuing a warrant for arrest.

The police also have the power to arrest without a warrant. However,
how more often are people arrested without a warrant indicating the
reasons for the arrest and what guarantee is there that the police may
not abuse their powers when arresting people without an arrest
warrant. Sometimes charges may not even be filed against the accused
that may be made to languish in custody. Disgruntled individuals may
abuse their powers to harass and intimidate others with arbitrary
arrests.

However, as a deterrent to the abuse of power those practicing the
unlawful arrests of citizen should themselves face the law by being
locked up or being dismissed from their positions as a deterrent.

Free press environment is not yet realized in South Sudan. This is
despite the warning of the Minister of Information and Broadcasting
Services that social factions including security operative must not
take upon themselves to attack professional media personnel but allow
them to carry out their duties as their role is to inform the nation
about events happening in the country.

The warning nonetheless seemed to have fallen on deaf ears. An example
is when security personnel and police guarding Equatoria Conference
2011 at Nyokuron Cultural Centre dragged a journalist out of the
compound. It was claimed the reason for the eviction from the
conference was because of the improper dress of the journalist. Now
where are the security personnel hands off from harassing journalists?

It was difficult to understand what on earth the security personnel
and the police had to do with the code of dress in the conference.
There was no special announcement on the code of dress in the
conference. The behavior of the security personnel and the police was
nothing but the harassment of journalists contrary to what the
Minister of Information and Broadcasting Services stated about the
freedom of the media.

One problem of the lack of free press environment in South Sudan seems
to be the lack of coordination between the Ministry of Internal
Affairs and the Ministry of Information and Broadcasting Services. The
Ministry of Information and Broadcasting Services says one thing but
the security personnel and the police of the Ministry of Internal
Affairs seem to be on a different wave length. For example, the
security operatives confiscated copies of The Juba Post over an
article about renegade General George Athor threatening to launch an
attack on Juba. The Minister of Information and Broadcasting Services,
however, said the incident of the confiscation of copies of The Juba
Post was an isolated one and that his government does not in any way
support infringing on press freedom.

The Minister of Information and Broadcasting Services said they are a
democratic government which allows all kind of freedom including the
press and added the case of the isolated incident of confiscation has
been resolved.

How was the incident resolved is the relevant question. It seems there
was no strong deterrent action for the security personnel to stop
harassing the media. After the confiscation of the copies of The Juba
Post another journalist was thrown out of Equatoria Conference at
Nyokuron Cultural Centre notwithstanding the intimidator arrest of a
senior journalist, the Editor-in-Chief of the Citizen Newspaper.

It seems there is no difference between what the Minister of
Information and Broadcasting Services says and what is happening in
practice on the ground to the media when journalists are harassed with
impunity. This may be because there are no media laws to protect
journalists.

To foster free press environment in South Sudan, it is important the
security personnel are made aware of the importance of media in nation
building and in helping to fight corruption in promoting development
and unity. This can be done through conferences, seminars and
workshops. Security personnel, journalists, writers and other pressmen
and presswomen can participate in such gatherings. Papers by the
various stakeholders can be presented on what people understand of
media. Through open discussions participants may gain in-depth
understanding of what makes the media so important in nation building.
This may provide mutual understanding between security personnel and
journalists. It is through open discussions and dialogue that
ignorance may be minimized in promoting cooperation and sharing of
viewpoints.

In conclusion, the heavy handed behavior of some security personnel in
treating the media fraternity as an enemy is unsettling. The security
personnel are supposed to guarantee fair treatment for all. It is
important that cordial relations between security personnel and
journalists should be fostered in building confidence.

When somebody is to be arrested the offence should be clearly stated
as a transparent way of promoting mutual understanding and respect
between the police and the community. The use of a load of armed
police to apprehend somebody who may be harmless is at best a
harassment and intimidation. As a writer I would not resist arrest
even by unarmed policewoman. Sometimes the security personnel do not
bother to establish the identity of the person they are arresting.
This causes problems in that the police may badly treat the person
only to find out that the person may be a constitutional post holder
or a person of a high rank in the civil service and could be innocent.
An example of the innocent being manhandled by the police is the
driver of the Citizen Newspaper mistaken to be the Editor-in-Chief.

In all there is a need to have a culture of respect for human dignity
between the police and citizens. One is innocent until proven guilty
but the police sometimes treat people as if they were already guilty.
Even a guilty person has the right to protection until sentenced. One
step towards cordial relations between the security personnel and the
media is a liaison for dialogue between the two for a better way
forward.


The author can be reached at

Posted in: Opinions

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