Impunity encourages crimes against journalists

The killing of Pakistani journalist Arshad Sharif in Kenya has sent chills down the spine of media stakeholders and concerned observers.

Police accounts say the journalist was shot after his car failed to stop at a roadblock in Kajiado County on October 23. While speculation will only deepen the mystery, we hope investigations will be carried out swiftly and conclusively.

Sharif’s killing came just days to the commemoration of the 2022 International Day to End Impunity for Crimes against Journalists (IDEI). The day, marked every November 2, draws attention to impunity against journalists, which, according to the United Nations, is at an all-time high.

Way back, the UN congress on crime prevention and criminal justice passed a declaration that isolated threats to journalists, and further called for a swift global push to reverse the gloomy trends. The world can’t relent.

Regrettably, however, safety of journalists is a mirage in many countries. Ending impunity for crimes against journalists is one of the most pressing issues to guarantee freedom of expression and access to information for all citizens. Between 2006 and 2020, over 1,200 journalists have been killed around the world, with nine out of 10 cases judicially unresolved, according to UNESCO.

UNESCO posits that this cycle of violence against journalists is often an indicator of the weakening of the rule of law and of the judicial system. In nine out of ten cases, the killers go unpunished.

Impunity leads to killings, which are an extreme form of media censorship. Trends in the Middle East and parts of Asia are particularly worrying. Controversy still surrounds the killing of Palestinian-American journalist Shireen Abu Akleh of Al Jazeera who was shot by Israeli forces in May.

There is need for more concerted cross-border efforts to protect journalists. Perpetrators should face the full force of the law.

Top on the list of threats facing journalists are kidnappings, torture, arbitrary arrests, intimidation, harassment and attacks in the digital space. Women journalists particularly bear the brunt of ruthless criminals out to disparage them and their work. Surveys show that more than 70 per cent of female reporters have experienced harassment online.

While the media is obliged to do its work in an ethical manner, it is the role of security agencies to protect journalists and other citizens. The Media Council of Kenya (MCK) has been collaborating with the National Police Service to safeguard and protect media freedom. 

As UN Secretary-General António Guterres says, political will is required in ensuring journalists safety. We can build on the success stories in the war against impunity and lessons learnt with reference to different regions, countries and cases, and their unique challenges. We have a role, individually and collectively, to ensure the safety of every journalist.

Kenya has the National Mechanism for the Safety and Protection of Journalists established in 2019. It assigns various roles and responsibilities of actors in ensuring that journalists in achieving 3Ps of Prevention, Protection and Prosecution.

IDEI is a good opportunity to examine our performance as regulators, media owners, newsroom managers, security agencies and human rights defenders in the implementation of mechanism.

While killing is the most serious offence against journalists, many have been condemned to living in asylums and safe houses because of their work.

Threats have also evolved. In Kenya for instance, efforts to promote cooperation between media workers and law enforcement agencies have contributed to a reduced number of physical attacks targeting journalists. MCK has in the recent past intensified efforts to enhance the working environment through collaborations with law enforcement agencies

Going by recent trends, impunity has assumed the form of denial of both physical access and information to journalists as observed in Parliament, Judiciary and county governments.

The physical threats have moved online. While many journalists were not attacked physically, hundreds are trolled online.

Despite Kenya being ranked position 69 out of 180 countries on the 2022 Press Freedom Index, an improvement from last year’s 102, since January, MCK has documented 90 incidents of press freedom violation compared to 70 last year.

The jury is still out on how Kenya has fared on other indicators of press freedom including media ownership, misinformation, legal and other forms of censorship.

—The writer is the CEO of Media Council of Kenya —ceo@mediacouncil.or.ke