11 Jul 14 | Africa, News and features
(Photo: Zone 9/Facebook)
“We blog because we care!” This is the slogan and rallying cry of Zone 9, a group of young Ethiopians writing about social and political issues in their country. For over two months however, blogging has been out of the question for most of them. In late April, six members of the group – which takes its name from an area of Addis Ababa’s notorious Kaliti prison, where several journalists are jailed – were arrested and have been detained since.
Befeqadu Hailu, Abel Wabela, Atnaf Berahane, Natnael Feleke, Mahlet Fantahun, Zelalem Kibret – all between the age of 25 and 32 – have been accused of “working with foreign organisations” and “receiving finance to incite public violence through social media”, but have yet to be formally charged. Journalists Edom Kassaye, Tesfalem Weldeyes and Asemamaw Hailegiorgis were also arrested for their alleged links to Zone 9. Tomorrow, several of them are due in court again.
The story of the case so far, as covered by the blog Justice Matters, makes for worrying reading. The group were initially taken to Maekelawi detention centre, where according to Human Rights Watch, political prisoners have been tortured. They have been prevented from communicating with lawyers and family members. Hearings have predominantly served to extend the police’s investigation period. Police have also appeared to move away from accusing them of conspiring with foreign organisations and towards a terrorism charge, under which other journalists have been sentenced.
Zone 9 have been active since May 2012 and this is not the first time the group has attracted the attention of the authorities. According to their Facebook page, their mission is to provide an “alternative independent narration of the socio-political conditions in Ethiopia and thereby foster public discourse that will result in emergence of ideas for the betterment of the Nation”. They have organised online campaigns, including #EthiopianDream, encouraging their fellow citizens to share messages “question[ing] themselves and discuss[ing] their dream for the country”.
Their work has proved unpopular with the government of Prime Minister Hailemariam Desalegn, who came to power following the death of long-time leader Meles Zenawi in 2012. The country’s leadership has continuously come under international criticism for its abysmal record on free expression and other human rights.
The majority of media is state-controlled or sympathetic to the government, with critical news outlets and journalists routinely targeted. Ethiopia is the world’s third worst jailer of the press, according to the Committee to Protect Journalists. The sweeping anti-terrorism legislation put in place in 2009 is often utilised to crack down on oppositional voices. Journalist Eskinder Nega publicly questioned the law and its implementation, only to be convicted to 18 years in prison under it in 2012.
Beyond crackdowns on press freedom, the country’s Muslim community has been hounded by the government, opposition protests are regularly banned, and foreign NGOs are not allowed to work on political and human rights issues.
Zone 9 was set up against this backdrop, and the group soon discovered the, too, were seen as a threat. The blog has been blocked and members have faced harassed at the hands of security services. Last September they took what would end up being a seven-month hiatus from publishing, due to the pressures connected to running the site. The six were arrested only days after announcing that they were to resume blogging.
Despite the fact that internet penetration in Ethiopia currently stands at around 1 per cent, authorities seems very aware of the web’s potential as a platform for free expression and, in turn, dissent. Paul Brown of BBC Monitoring believes the Zone 9 arrests “suggest that the government is taking online activism seriously – probably because elections are due next year.” There have even been reports of the government “training” internet users to post attacks on those who criticise authorities online and to post messages of support for the regime.
Zone 9 co-founder Endalkachew H/Michael recently spoke to CPJ from New York; he left Ethiopia to study in the US shortly before his colleagues were arrested. He says the government are trying to control the flow of information. “There is no plurality of voices in government and media. And they want to control that because there is a sort of plurality on the internet. If you go into the Ethiopian social media sphere, you see all kinds of comments about the government and opposition groups,” he explains.
The government, meanwhile, has denied any wrongdoing, saying the arrests are not connected to journalism but “serious criminal activity”.
“We don’t crack down on journalism or freedom of speech. But if someone tries to use his or her profession to engage in criminal activities, then there is a distinction there,” Getachew Reda, an adviser to the prime minister told Reuters.
But the story has drawn widespread condemnation, from international human rights organisations to news outlets to diplomats, with even US Secretary of State John Kerry calling it a “serious issue”. The hashtag #FreeZone9Bloggers has in the past few weeks accumulated outrage and solidarity from across the world. Endalkachew H/Michael says this attention in important. “I want the public to remain focused on this issue. The government is trying to make the public forget the human rights violations and journalists’ poor situation in Ethiopia.”
UPDATE 12 JUNE
According to Endalkachew H/Michael, following today’s hearing the case has been referred to a federal high court. The accused were reportedly not present for the hearing.
This article was posted on July 11, 2014 at indexoncensorship.org
02 Jan 14 | News and features, Politics and Society
Activists are continually harassed and punished for standing up and speaking out about social and political issues they feel are unjust in their country. Here are five activists whose government didn’t quite like what they had to say.
Raif Badawi- Saudi blogger punished after calling for ‘day of liberalism’
It would seem absurd to most people that “liking” a Facebook page could land you in jail. However, that was one of the crimes charged against Raif Badawi after he “liked” an Arab Christian page on the social networking site. The young co-founder of the Liberal Saudi Network, a website that has since been shut down, was arrested in June 2012 for “insulting Islam through electronic channels”, including insulting Islam and portraying disobedience.
In January, a court had refused to hear apostasy charges against Badawi, concluding that there was no case. Apostasy carries the death sentence in Saudi Arabia. He has since been sentenced to 600 lashes and seven years in jail.
Eskinder Nega- Ethiopian blogger
Eskinder Nega is a well-known name in Ethiopia whose journalism has been recognised by major organisations globally; he is currently serving 18 years in jail for supposedly violating the country’s anti-terrorism legislation.
Nega was arrested in September 2011 after publishing, somewhat ironically, an article criticising his government’s detainment of journalists as suspected terrorists, in particular the arrest of Ethiopian actor and government critic Debebe Eshetu . Along with 23 others, he was then convicted of having links with US-based opposition group Ginbot Seven, an organisation Ethiopia had recently added to its list of terrorists.
This is not the first time Nega has been imprisoned for speaking out in defense human rights. Meles Zenawi’s government handed him a total of eight sentences over the past decade. He is also not the only journalist to face prosecution under the Ethiopian government. According to the Amnesty Annual Report 2013 a number of journalists and political opposition members were sentenced to lengthy prison terms on terrorism charges for calling for reform, criticizing the government, or for links with peaceful protest movements. Much of the evidence used against these individuals consisted of examples of them exercising their rights to freedom of expression and association.
Shi Tao- Stung by Yahoo in China
2013 was a good year for Shi Tao; the Chinese reporter was finally released after documents leaked by Yahoo to his government saw him spend the past eight and a half years behind bars.
Tao sent details of a government memo about restrictions on news coverage of the Tiananmen Square massacre anniversary to a human rights forum in the United States. He was subsequently arrested in 2004 and sentenced the following year charged with disclosing state secrets.
Reporters Without Borders said the branch of Yahoo in Hong Kong assisted the Chinese government in linking Shi Tao’s email account to the message containing the information he had sent abroad. Yahoo was heavily criticised at the time by human rights activists and U.S. legislators with Jerry Yang, co-founder of Yahoo, publicly apologising to Shi Tao’s family.
Tao was released 15 months before the end of us 10 year restriction. It is unclear why his early release occurred.
Ngo Hao- Vietnamese blogger
You’re never too old to go to prison as 65-year-old activist Ngo Hao found out after he was handed 15 year sentence earlier this year on charges of attempting to overthrow the Vietnamese government. Accused of writing and circulating false and defamatory information about his government and its leaders, Hao was arrested in February. Further accusations included a peaceful attempt to instil an Arab Spring-style revolution and of working with dissident group Bloc 8406.
Reporters Without Borders criticised Hao’s trial for a lack of his right to a fair defence and the unwillingness to allow any family members to attend the hearing asides from his son.
Just weeks before an appeal court in the south of the country also sentenced two bloggers, Nguyen Phuong Uyen and Dinh Nguyen Kha. This takes the estimated total of bloggers behind bars in Vietnam to 36.
Jabeur Mejri- Tunisian blogger seven and a half years for posting on Facebook
After the 2011 Arab Spring many Tunisian bloggers were able to express themselves freely; a stark contrast to the censorship, arrest and jail they had come to expect under the rule of former President Ben Ali. One such blogger was Jabeur Mejri who, in March 2012, posted a cartoon of the Prophet Mohamed on his Facebook page, a post that sentenced the blogger to over seven years in jail for “attacking sacred values through actions or words” and “undermining public morals”.
The rise of ‘opinion trials’ has become a concern to many with Mejri being the first person sent to jail under the procedure. Lina Ben Mhenni told Amnesty International: “You can go to jail for a word or an idea. ‘Opinion trials’ have become part of our daily lives. As in many other countries, Tunisia’s taboo topics are religion and politics. You can’t criticize the government in general or the Islamists in particular.”
25 Feb 13 | Uncategorized
Elias Kifle is an Ethiopian journalist who runs a news website, the Ethiopian Review, from his exile in the United States. He is a fierce critic of the Ethiopian government, which is among the top ten “jailers” of journalists worldwide, and he has twice been sentenced to life imprisonment by it — once for treason, in 2007, and once for supposed “terrorism”, in 2012.
Yet, in an unlikely twist of fate, the Ethiopian authorities are not the only ones pursuing him in court: Elias Kifle’s name appears with some regularity in the cause lists of the London libel courts. Although his website is run from the US, publishes to an Ethiopian audience on matters concerning Ethiopia, the London courts have warmly welcomed those who wish to sue him for libel. Prime amongst his pursuers has been Ethiopian-born billionaire, Sheikh Mohamed Al-Amoudi.
Mr Al Amoudi, a businessman so keen to preserve his reputation that his Wikipedia entry has been flagged up as inappropriate because it has been edited by people who have a “close connection” with him, has been granted two default judgments against Elias Kifle: a £175,000 award made in 2010, and a £180,000 award made last week.
Being based in the States and lacking the financial means to hire lawyers, Mr Kifle chose not to defend either of these claims. Last week’s case was allowed to proceed because of Mr Al Amoudi’s business activities and reputation among Ethiopians in London, five of whom gave evidence as having read the piece in question; the fact he is a “frequent visitor” to London; and the fact that Mr Al Amoudi’s children were educated in England. The judge, Mr Justice Eady, does not appear to have considered whether it is even remotely feasible for an Ethiopian journalist exiled in the US and who runs a news website on a shoestring budget to obtain the services of libel defence lawyers. Instead he cites Kifle’s rude responses to Al Amoudi’s lawyers as evidence of Kifle’s intent to wage a “campaign of denigration … without ever having to face [Al Amoudi] in court”.
In many ways, there is nothing new about this — readers of this website will be familiar with the Ukrainian website being sued in London by a Ukrainian oligarch over articles published in Ukrainian; and a few years ago my organisation, the Media Legal Defence Initiative, had to call on the pro bono services of media lawyer Mark Stephens to neutralise a London libel threat against the Nepali Times (which, for the avoidance of doubt, publishes from Kathmandu, Nepal). In both these cases, as in Kifle’s case, the claimants could prove some connection to London — not surprising since most of the world’s nationalities are represented there and the publications in question were accessible online.
But in all these cases, the courts have completely failed to appreciate the difficult position of foreign defendants. Judges don’t appreciate the real chilling effect exerted by the financial cost of defending a libel suit in London (estimated in an Oxford University study reporting as more than a hundred times more expensive in London than elsewhere in Europe). Why should a defendant in the US, Nepal or Ukraine be expected to rack up hundreds of thousands in legal fees (assuming for the moment they have that kind of money in the first place) when they are unlikely to recover this even if they win? And is it really that surprising that an exiled journalist twice sentenced to life in prison displays a certain amount of “scorn” for lawyers and legal proceedings (Mr Justice Eady’s disdain of Elias Kifle and his cavalier attitude to Al Amoudi’s lawyers is evident)? Even if they had a choice — which they do not, because they have no money — many defendants in these matters will prefer to suffer a default judgment, even if that means they will not be able to set up business in London in the future, over certain bankruptcy even if they win a case.
Over the last few years, libel tourism cases have continued to pop up despite international outrage. The US has adopted federal legislation barring the enforcement of English libel judgments — and even allowing for counterclaims — and last year, the Council of Europe adopted a recommendation on libel tourism noting that “[p]rocedural costs may discourage defendants from presenting a defence thus leading to default judgments.”
If the Defamation Bill goes through, the end of the phenomenon of libel tourism may be in sight. Under the new regime proposed by the bill, currently in its final stages in Parliament but in danger of disappearing in the Leveson maelstrom, libel proceedings against foreign defendants cannot proceed unless London is “clearly the most appropriate place in which to bring an action in respect of the statement”. Ministers have made it clear that this means judges must take into account the procedural (un)fairness of requiring a foreign defendant to travel thousands of miles and/or engage lawyers they cannot afford. Let us hope judges will apply this in the spirit it is intended — and let’s hope the bill is enacted; it would mean Elias Kifle’s name will appear in the London cause lists no more.
Peter Noorlander is CEO of the Media Legal Defence Initiative, an organisation that defends journalists’ rights and provides legal aid to journalists around the world
10 Sep 12 | Africa, minipost, News and features
Ethiopia has pardoned two Swedish journalists charged with supporting terrorism and will release them soon, a government source said on Monday. Johan Persson and Martin Schibbye were sentenced to 11 years in prison in October 2011, after illegally entering the country with ethnic rebel group, the Ogaden National Liberation Front. The chairman of the Swedish Union of Journalists, Jonas Nordling, said that the sentence aimed to deter journalists from investigating alleged human rights abuses in the Ogaden region, adding there was no evidence to support the pair’s conviction on terror charges.
