Mediaphobia and Dilemma in South Sudan: MPs at the crossroads of
approving Media Laws or Vengeance Laws
Written by John Penn de Ngong, The New Sudan Vision (NSV),
www.newsudanvision.com
Wednesday, 07 March 2012 21:42
Juba, South Sudan - I am breaking my last silence on this
Media-vs-Government violence because I have been perturbed
psychologically and disturbed physically by my media comrades for
being neutral when the war is now central in our midst. Since  my
fighting by writing hit the block by the time no papers and websites
were there to fight for me, I hit the blog. And the reason is simple:
they are bibliophobes, sort of allergic to reading, especially the
internet stuff. So we, the internet staff, I say we the blogophiles,
hide it therein, meaning herein, online.

However, I am afraid, the 'mediaphobia', the anti-media attitudes by
our government, will greatly feature in our constitution, and will
definitely override the minority rights to expression such as through
the blogsphere, Facebook, Twitter, and other internet-based group of
socialites. And this, should it happen due to real or forged ignorance
by our lawmakers, will force the dotcommers into staging an online
kinda Facebook Revolution. Of course, if the Egyptian girls and boys
electronically won to put the Mighty Hosni Mubaraks onto his knee, and
then into the hot soup, then who won't anywhere in this global
village? Let us just wait and see what the Media law will look like in
the hands of the lawmakers-turned-mediaphobes.

But my blog and I loathe it. To repeat what my blog is about so as to
distance myself from Julian Assange, this is what I wrote previously
in my weekly weakleak post, which does not only make a part but also
make a parcel of the freedom of expression. "I hate political
weaklings. That is why I wrote on the intro of my blog above: 'Really,
I rarely enjoy politics; but when some wannabes play poly-tricks, I
would rather I were their hangman.' This statement also echoes what
this weblog is about (from the Aboutleaks page): 'In South/Sudan
today, our readers, our leaders and other senior citizens and their
junior denizens in the aftermath of the conflict seem to be
oscillating between words of war and war of words. Such leaders who
lose their hearts in loose utternaces are to be crucified ’weakleakly‘
(like USA  on the in/famous Wikileaks.com) on the altar of their
tongues.”

Who are the political weaklings? Anybody who claims to be a politician
or a 'politeacher' but have not prepared themselves for the game. Take
it or leave it from me today, mere votes do not add any iota of idea
of politics. So those whose fellow villagers just stuffed their ballot
boxes and sent to Juba in 2010 must struggle now to pull up their
socks in accordance with today's global leadership demands. For
instance, lack of preps before hitting the public roads with hot news
is seen in our lawmakers' behaviour when their bodyguards (I thought
those were their building guards) dragged on the floor one of our
respected learned journalists of this naive nation.

On his talk show on Friday last week, I asked Mading Ngor if he,
according to the one-sided investigation committee in and for the
parliament, is drunk throughout, is violent in the hall, is not
qualified, is a freelance journalist, does not identify himself, and
the likes.... For fear of roughing his Bakhita FM Management the wrong
way, and/or fuelling the fiery venom of the legislators, he did not
answer my barrage of rage on air but told me at the end of the
program. "I wake up before Juba wakes up, start my 'Wake up Juba' at
6AM and stop it at 8AM. I go for shower and breakfast at 9 and hit the
road to the parliament at 10 (all these in the morning), and stay
there till they close their session. Now where and when do I get drunk
throughout?" (Quote not verbatim).

Biblically speaking, my Christianity timetable reads 'Lent'. This
reminds us of the miscalculation the Roman colonial administration did
in Judaea when the Holy Spirit's chaos descended on the believers. The
Christians began to speak in tongues (confused language not understood
by outsiders) and the authoritarian authorities were offended to the
extent of accusing them of being drunk, forcing Simon Peter, the
senior apostle, to react, "This is only 9 o'clock in the morning.
Where do you think these Christians could get alcohol?" Rt. Hon.
Speaker, are we there yet? Hon. Joy Kwaje of the Information (now
media) Committee, there you are!

But Honorable MP, Madam, with your current position as our Information
Committee head lawmaker, and with your former position as the boss for
South Sudan Human Rights Commission, is this report of the ad hoc
investigation committee on the attack on the journalist, the
humiliation in the house of law that you witnessed, regretted and
apologized for on Tuesday, true as you reported to the Speaker on
Wednesday? "Mr. Speaker, our committee has found out that this man
called Mading Ngor is not a journalist working with Bakhita Radio, but
a freelance journalist. Also when we cross-checked with the Security,
we found out that he does not have an ID and always fails to identify
himself at the gate."

Madam Chairperson, I have a litany of questions to ask over this small
quote from your committee, but only if I do not run out of space. That
Mading Ngor is not a journalist working with Bakhita FM, Really? That
he is a freelance journalist, so what is constitutionally and
professionally wrong with me being a freelance reporter? That he has
no ID (I thought you mean idea) card, so how does he earn his monthly
salary from Bakhita and makes appointments with leaders such as Pagan
Amum, Kenyan Prime Minister and the East Timore Prime Minister? That
Mading Ngor does not accept to identify himself at the gate. If so,
then how does he enter, and why has your security allowed him to
attend the sessions for the last five months? That the security told
your committee so; then what did Mading tell the committee? Or was
your committee only to investigate the security boys, and why leave
out Mading, the centre of the problem? The rest of the queries for our
leaders to my readers.

In this country where we seem to be failing to identify the real
drunkos and the cause thereof, it is unbecoming for those in the hall
of laws to force their fellow citizens into submission so that a speck
is removed from their eyes by the persons who have even a bigger log
in theirs. If I had to be allowed to enter the August House with a
breathalizer and test the fuming gases (breaths) from the lips and
noses of all the over 300 honourables, their body guards -- building
guards not spared, too -- I believe, Mading Ngor Akech Kuai will not
top the list of the drunkards (drinkers being an understatement) in
our parliament.

That aside, when the citizens of our baby nation get drunk with the
spirit of nationalism (say freedom of expression), our parliament
blatantly accuse them of having been intoxicated with the spirit of
alcoholism (freedom of oppression). Now, what is the new label to give
to the spirit that made our parliamentarians too drunk to make such
wild decisions like accusing a competent scribe of impersonation if
not forgery, banning a legally licensed reporter from executing his
duties in the parliament, releasing unprocessed propaganda against
him, in other words, defaming him as an uneducated freelance
journalist, drunkard, and so on. By the way, the term 'drunkard' was
not used by the parliament but its definition qualifies it. Simply
put, a drunkard is one who is under the influence of alcohol -- and to
borrow from the MP's description -- throughout! So when an honorable
lawmaker justifies in public that their bodyguards were right to beat
the journalist because he comes to the parliament 'drunk throughout',
the time adverb 'throughout' makes me comfortable with the word
'drunkard'.

I repeat, what on earth did our lawmakers drink that day to make them
rush into banning the media (I harbour the feeling that an attack on
one Mading is an attack on the whole media, by the way), propagating
false charges (the same charged against Jesus and his followers)
against the qualified journalist who did not only study in Canada but
worked there as he founded the famous newsudanvision.com website,
which has also published this piece of argument. It should be noted
that this is not only the very website but also the very journalist
who made Aleu Ayieny Aleu lost his job of a deputy minister of
interior on an SPLM ticket in Khartoum during the interim period.
Correction: He did not make him lose his job, he did make him lose his
mind and loose his tongue to speak out words not recommended for a
constitutional post holder at a time the nation was struggling out of
its colonial cocoon.

The Mading Bill
Period! The parliament was drunk with the spirit of vengeance.
According to Mading, it seems to be Hon. Aleu who diverted the whole
parliament session on a more sensible Media Bill into discussing
'Mading Bill'. What else, if not personal interest, was Hon. Aleu or
Hon. Kom Kom's interest in forcing the legislators to discussing
Mading Ngor the whole day instead of the Media? This was condemned by
Mading himself during his 'Wake up Juba' breakfast show the morning
after he was harassed and embarassed. "For the parliament to discuss
me the whole day, while there are demanding issues on the table, is
outrageous!" This also reminds me of President Robert Mugabe (of
Zimbabwe)'s reaction to the brutish British Parliament. "The British
parliament to discuss Mugabe for the whole week...what an idleness!"

Instead of the Media Bill, it was the Mading Bill. And what came out
of the 'bill'? Banning Mading from attending 'their' parliamentary
sessions, countering the story with (unresearched) propaganda that
made Hon. Kwaje a stooge who was forced to switch from a sincere
apologist on Tuesday to a staunch propagandist on Wednesday. Imagine
the head of Information (Media) Committee reversing her apologies into
accusations on an incident that should have been a problem of the
in/famous in/security personnel of the Assembly (I can now excuse one
reporter who misspelled it 'security personals'). If I were that
parliamentary propagandist, I would give a brief comment to dispel the
whole hullabaloo of the public and world media from the
ir/responsibility of the top institution of our nation. "We are sorry,
this is a mistake made by the few security individuals, and it will be
investigated and dealt with accordingly." The 'accordingly' means
according to the parliamentary rules and regulations, which do not
necessarily warrant a beating to the extent of tearing one's outfit.
This statement would relieve the whole house from shouldering the
whole blame. This is the kind of a disclaimer that the editors simply
do to harsh articles, "The views expressed herein do not necessarily
reflect the policies of this newspaper or website..." The parliament
should have done the same.

But why did they do not the same? Conflict of interest. Mading Ngor is
the journalist who interviewed Hon. Aleu Ayieny in USA (now
chairperson for Security Committee under which the rude boys fall in
the NLA) by the time he was an inferior minister of interior in
Khartoum. The interview, published on the New Sudan Vision website on
31st October 2007 and 1st November 2007, a diaspora-to-home media
outlet for which Mading is a co-founder and editor-in-chief to date,
was picked up by The Daily Monitor in Uganda. The story in which Aleu
insinuated that Garang was murdered caused un/diplomatic row between
Uganda and South Sudan, leading to SPLM sacking Aleu and everything of
that kind. So when Aleu calls Mading a trouble maker everytime he
appears in the parliament, the 10 counts of crime Mading had allegedly
committed against the national assembly, that include drunkenness and
stubbornness, are not limited to 'crime against the honourable
member/s of parliament'.

According to the article on the Committee to Protect Journalists (CPJ)
that interviewed Mading Ngor after the beating, "This case is getting
unwarranted media attention," Ngor says, given that such incidents
happen all the time in South Sudan. "I remember last September the
security almost murdered me for taking a picture in the assembly."
Later he found that there was no official protocol banning photography
in the assembly hall. Indeed, South Sudan has already developed a
reputation for allowing security operatives to abuse civilians with
impunity, including journalists. CPJ documented nine cases of security
attacks against journalists last year; in two cases the journalists
had to be hospitalized for treatment.

It is a fact now known internationally that, whereas media freedom is
one of the most important ingredients of practical independence and,
indeed, a litmus test for democracy, South Sudan is the world's
youngest republic that has no media laws, according to the country
profile on Wikipedia in reference to the arrests and closure of the
newspaper last year in connection with the widely questioned wedding
of the president's daughter. That is why I wonder under which laws and
whose laws will the parliament apply to sue one pen-wielding Nhial
Bol, the citizen of this media-outlawed country, and editor-in-chief
of The Citizen, the newspaper. We, media practitioners here, are
protected by international media laws and Article 19 of the Universal
Human Rights Declaration on freedom of expression. I hear as they were
discussing an impromptu bill on Mading Ngor, the end result was to
rush in the long-stalled media bill. Watch this space for more about
that next week, if at all this blog will survive that 'vengeance law'
being passed into action.

The Media Bill
The Media Bill is five-years old and is not yet graduated into the
Media Law! What makes it the oldest raw law (bill) in the Republic of
South Sudan, if not in the whole world? I gather that it is undergoing
maturity check up in between the ministries of Information, Justice
and the Council of Ministers. Funny enough! By the time Mading was
attacked, our lawmakers were busy on more urgent issues of building
the nation. To be exact, they were deliberating on a Red Cross, Red
Crescent and Red Crystal Bill, which were debated three times during
the last three months' time! Well, the Red Cross is also important
because we all need first aid, especially these days when we are
swelling with fat like bread inflated with yeast. We need the Red
Cross to rush 'second aid' to Pi/bor victims. I also need this blated
first aid I call 'second aid'; Yeah, I need the rescuers when I am
attacked by our in/security personnel. I need personal aid when I
faint while recording the prolonged speeches of our leaders (say
readers in this case) in parliament or under the hot sun at our
'Freedom Squares' around South Sudan. So the Red Cross Bill that was
passed before the Mading Bill, and the Engineers Bill graduated into
law the day after the Mading's (beating) Bill, needed more urgency
than the Media Bill does now, but to be considered later.

Some mini-sters or legis-laters who have not or have too much enough
information about the role of the media regulation laws think they are
being forced to sign their arrest warrant, not knowing that it is
their rest warranty in disguise. "Imagine how rampant these boys are
at the moment, what if you legalize their anarchist behaviour, the
so-called media bill?" wondered one army general in a private chat
with other senior citizens in a conference during the days of the
Nhial Bol Bill. Yes, Mading is not the first and will not be the last
one to be discussed by the government. Instead of discussing the laws
that will guide the individuals from mis/behaving in public, they wait
until there is a 'crime' and then they discuss the 'criminal' and
crucify them on the calvary of ignorance and revenge. In the recent
past, there have been many Madings in the spotlight as listed in this
piece of contemplation from my fellow blogger Paanluel Wel's site.

"So far, among those South Sudanese who have had the misfortune to
cross paths with the authorities are Nhial Bol of the Citizen
Newspaper, Dengdit Ayok of the Destiny newspaper, Dr. James Okuk who
is a freelance writer and a fierce critic of the government, Ngor
Garang and Manyang Mayom of Sudan Tribune, Mac Ajuei Panchol from Bor,
Richard Mogga and Badru Mulumba of the New Times, Ojja William
Benjamin from Eastern Equatoria State, and the latest victim, Mading
Ngor of New Sudan Vision and Bakhita FM. Not only that, even South
Sudan government own undersecretary, Dr. Jok Madut of the ministry of
Culture and Heritage, was beaten up on the new year's eve at Wau
airport just because he arrived at the same time as the president.
This is only the tip of the iceberg as many low-profile media
personnel who bear constant harassments and intimidations from the law
enforcement agents and grumpy politicians go unreported."
http://paanluelwel2011.wordpress.com/2012/02/09/frosty-relationship-between-the-new-government-of-south-sudan-and-the-national-news-media
What Paanluel Wel has exactly described above happens not only to the
media workers but also to ordinary citizens, including the
extraordinary ones such as H.E. Dr. Jok Madut Jok, quoted verbatim on
his testimony in which he was made to regret having his flight
coincided with that of our president, the man who swore him into the
office: "In my free country, South Sudan, there is very little such
thing as freedom. This the morning of December 31st, I arrived in Wau,
hoping to celebrate the reception of the new year with my family, I
had the misfortune of arriving at Wau airport on the same day that our
President was also due there, coming from his Christmas holiday in
Akon...

"When I got out of the airport compound and walked to the vehicle that
was waiting for me, I found that my two brothers were attacked and
being beaten by an SPLA unit, supposedly stationed there to secure the
airport for the arrival of our President. Naturally, I walked over to
see why they were being beaten and the soldiers automatically turned
on me. I was brutally attacked, my arms tight by several men, a blow
to the side of my head with the butt of a gun and several punches
straight onto both of my eyes, no questions asked, not even any
accusations of wrong doing. I was tortured properly while I had
quickly shown the soldiers my identity card, demonstrating that I am a
senior official in the national government, undersecretary in the
Ministry of Culture, and the ID was thrown away and several men
wrestled me to the ground, onto that red dust of Wau, my blue suit and
all." Come back to complete this story later on this link:
http://gurtong.net/ECM/Editorial/tabid/124/ID/6272/Default.aspx
As for the fairness of the parliamentarians in enacting healthy
freedom laws amidst their arm-twisting duel with their controversially
estranged sibling, the Media, the so-called Fourth Estate of the
nation, let us wait and see. But before we waste our time waiting to
see, why don't we join in the process of shaping that law? I am not
convinced, just as you might not have been, that somebody who has
already declared me an enemy will wish me good by enshrining for me in
the national constitution a licence to criticize them. Who has a gun
and does not use it against their assailants? The Politicians already
see the media as their major threat, so will they deal with it
objectively as a law of the future generation in that piece of
one-sided legislation being pushed in at a time when the House is
bracing for solidarity with their security at the expense of real
democracy?

This daylight partiality is already seen in the way the honorable
speaker formed an investigation committee, comprising members of
parliament and the very security personnel, who investigated
themselves and published the results worldwide. Mading, the victim,
was dismissed and not questioned to tell his version of the story.
This has made the parliament behave like the Shari'a law implementers,
who declare a fatwa for the stoning of an adulteress, the execution in
which the adulterer participates. This immunity by impunity should not
be allowed in our new country. Our leaders should not break the hearts
of the people whom they successfully liberated, and whom they are now
remorsefully 'de-liberating' in their own independent country.

However, before I throw the ball to my fellow comrades in the
struggle, I have my own recommendations to put across. I believe in
the Nigerian artistes' (P Square) principle, "If you do me, I do
you... Touch me, I touch you!" This is necessarily on a negative note.
You may touch me softly, then I do it likewise. But if you do me hard,
I do you harder. I absorbed this from a Kenyan friend and observed it
in action by the time I was doing my internship with the UN's IRIN
(Integrated Regional Information Networks) after enrolling in a
journalism course for The Sudan Mirror in 2004. He told me that the
secret by which they transformed some stubborn leaders is by
counter-censorship. If, say, a minister proves to be giving hard time
to journalists, just boycott him. If not, then attend his daily
blabberings and edit them 'properly'. In this way, some obstinate
diehards of the Big Man will be humbled to the extent of calling for
reconciliation with the media fraternity. Of recent, have you ever
heard in Kenya the likes of the First Lady slapping journalists in
public any more?

Barrage of Rage from Media Comrades
Though 'photojournalists' lost their professional courage on the scene
of their comrade's humiliation, chose to cower about and cow away from
capturing the scene on their cameras, our writers and reporters were
not quiet with this development. I thank them and join them in calling
for a new dawn with the media for development. I know we have
weaknesses, which should be excused like the normal shortcomings seen
with other stakeholders of the new nation. I acknowledge I have
weaknesses as a person, but I with my colleagues condemn here is why
they are being branded as wickednesses by the holier-than-thou
politicians. Now have your judgmental look at the personal takes of my
comrades in the profession on this hot issue.

Tom Rhodes, CPJ’s East Africa consultant, based in Nairobi, has this
to say on their organization's weblog, "The ensuing furor included
apologies, a protest, an opinion column, a committee investigation,
parliamentary debate, the banning of Ngor from the assembly, and
finally, a parliamentary call to revive deliberations over three media
bills originally drafted five years ago. While some journalists see
the resurrection of those proposals as a silver lining, others --
including Ngor -- are worried that debate over the bills in this
heated atmosphere may spell trouble for press freedom in the world's
newest country."
"Without media laws we are like footballers playing without rules, and
what happens is that anybody can blow the whistle and say these are
the rules -- his rules," said Jacob Akol, chairman of the Association
of Media and Development in South Sudan, which supports the laws'
passage.

"Media freedom in South Sudan is fading due to persistent harrassment
and intimidation against journalists. There were several incidents
that happened to Journalists and are still happening in the same way.
The latest case is the worst which makes the whole Government in Juba
decided to protest against Madding Ngor. As a Journalist of this
country, I am totally in distress because Democracy is being killed by
backpain politicians. Reporting on sensitive issues, especially
government failures, has become like milking a Lion in South Sudan."
Joseph Oduha in a trail comment to the CPJ blog article.

"I am of the view that this incident has set the launching of the
struggle between those in the halls of power and those who love
freedoms, including of expression, because what was attacked was [not
only] an individual, but freedom of expression as well as the bill of
rights," Chief Editor Nhial Bol of the private daily Citizen, wrote in
a scathing column. The editor was admonished by MPs for claiming in
his op-ed, incorrectly, that they were "celebrating the beating of our
colleague."

The parting shot of this article is from Columnist Zechariah Manyok,
who also voiced his concerns in the Sudan Tribune recently. "What
guarantee will the media have that the bill is not going to be based
on the anger of the Assembly, making it a law against the media
[rather] than a law meant to regulate the activities of the media?"
http://www.sudantribune.com/The-crux-of-Mading-s-case-against,41554
The views expressed therein do not necessarily reflect the policies of
The New Sudan Vision website but are personal views of the author, who
is our columnist, a journalist, writer, poet and blogger. The article
is also published with more pictures and cartons with funny captions
on his weblog: www.weakleak.wordpress.com E-mail:
[email protected]

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