The Diary. Part II: Nieman Notes: The Independent:Threats and Murder!!!

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Alagi Yorro Jallow.

When it began, The Independent had 25 staffers and freelancers. About four and a half years later (after I’d received a personal death threat in the letter signed by the “Green Boys” along with a threat to destroy The Independent), many of the newspaper’s senior reporters and support staff have left the paper. Many have also left the country, as some of its leading journalists have sought political asylum in Europe and the United States.

In June 2004, officers arrested and detained me for three hours without charge, allegedly for publishing a story that two persons were killed in a Gambia-Senegal border clash following a violent football match between the two countries. Attacks on journalists continued. In August 2004, Demba A. Jawo, then-president of the Gambia Press Union, received an anonymous threat at his house that referred to critical reporting by Jawo and other members of the independent press against President Jammeh and his government. The letter promised to teach “one of your journalists a very good lesson.” Three days later, unidentified persons set on fire the house of BBC stringer Ebrima Sillah, but he escaped unharmed. (In July, the BBC in London had received a letter that accused Sillah of biased reporting against Jammeh and threatened an attack on him.)
President Jammeh’s hostility towards journalists is what pushed members of Parliament to find ways to muzzle the press. In 1999, the Gambian Parliament prepared a bill to create a National Media Commission with quasijudicial powers including registering private media houses and journalists, to revoking licenses, issuing arrest warrants for journalists, and fining or even sentencing journalists to imprisonment. This commission would also be able to force journalists to reveal their sources. Strict penalties would be assessed if journalists did not comply with the new law, including imprisonment and heavy fines.

In 2002, this bill was enacted into law. Deyda Hydara, editor of The Point newspaper, and I knew that this law was inimical to a free press. We partnered with the Gambia Press Union to challenge it and hired a lawyer to contest the legislation. The lawsuit reached the Supreme Court in 2003 and challenged the constitutionality of the National Media Commission Act of 2002. Two hearings were held before the state counsel — the lawyer for the government — declared that the government was going to repeal this act. We did not want to withdraw our case because even if this law was repealed, we wanted a final declaration by the court that it was unconstitutional. This lawsuit is pending before the Supreme Court, which sits every six months. We are awaiting a final decision while we look for sources of funding for our lawyer to continue to pursue the case.

The government then proposed an equally draconian set of laws — the Newspaper Act and the Criminal Code Amendment Act. The Newspaper Amendment Act forces private newspapers and journalists to execute bonds in the order of 500,000 dalasi, or approximately $20,000, an amount that is four times the previous bond requirement and so excessive that it will have the effect of shutting down the private newspapers. The act also requires newspapers to register with the Registrar General. The Criminal Code Amendment Act expands the definition of libel and provides for harsh imprisonment terms of not less than three years in jail. This legislation was passed by the Gambian National Assembly in December 2004.

Hydara and I prepared to launch another lawsuit against these laws. By doing this we became targets of the state; we were seen as using the courts to justify our actions in exposing the dictatorial tendencies of the government. Soon the state developed a different tactic of silencing us, by destroying our properties and by murder. In December 2004, an unidentified assailant shot and killed my friend, Deyda. Two members of his staff also were injured. The government has not investigated his death.

Hydara’s assassination is evidence of the extent to which the Gambian government is prepared to go in order to silence its opponents. Actions taken against the independent press demonstrate the intractable view of President Jammeh that all journalists are criminal illiterates who would be best “buried six feet deep.” It reveals, too, the impunity of those who murder people who dare to oppose the government. Such actions expose the rotten heart of the government in my beautiful country. If a man like Deyda Hydara can be murdered for the proper execution of his profession, then no one can sleep peacefully. Nobody will be spared.

Is it possible to act courageously as a journalist in Gambia today? Perhaps, though it is surely true that our experiences — with the murder of our brave friend, the torching of our printing press, the imprisonment and torture and threats that reach us and do not abate — have taught us that there are limits to what we, and our family members, can endure, especially when we are not able to do the work we know is ours to do. As intimidation builds, stress finds less and less relief as every possible effort to push on and report and publish is exhausted. When time and time again those efforts are foiled by government intervention, when our personal safety is threatened, the courage to seek another way and do so from another place can become the force of change.

Self-censorship by the press in Gambia is a real possibility. Hydara’s death sparked a climate of fear that could lead to fewer voices critical of government. Families of journalists and independent media workers, even families of those who operate printing presses, now pressure their loved ones to refrain from overt criticism of the regime and to look for other employment. Even slight association with the independent media is dangerous.

But no amount of intimidation, death threats or attacks can cower me into silence or compromise my editorial policy. Though I now live in exile in the United States, my interest in learning and publishing the truth remains paramount. As a Gambian journalist, I am prepared for the dangers and risks, the trials and tribulations, and the aches and stresses of running a wholly independent newspaper such as The Independent. Yet even this spring, in March, plainclothes police officers stormed The Independent’s offices and arrested every member of my staff, as guards sealed off the newspaper. No reason was given for it being closed. Most of the staff was released after brief questioning, but two of my paper’s senior editors were held in custody for more than three weeks incommunicado and without any charges filed against them, which is against the laws of Gambia and the Universal Declaration of Human Rights. One of our reporters was then arrested and remains in custody, with no contact allowed. The Independent remains closed today because of the government’s actions against it.

Alagi Yorro Jallow is cofounder and managing editor of The Independent in Gambia. He has twice won the Hellman/Hammett award, in 2000 and 2004, and also is the winner of the 2005 Canadian Journalists for Free Expression International Press Freedom Award. He will be a 2007 Nieman Fellow.
Photo:
The Independent’s newsroom was partly destroyed when it was set on fire in 2003, another attempt to stop its publication.

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