Ending impunity and protecting journalists

Last week we commemorated the international day to end impunity for crimes against journalists. Each time we celebrate these days, I wonder of what practical value they are.

Still, I believe that these events serve a useful purpose - to remind us of our duties and responsibilities to humanity, for equality and justice.

Inspite of the perceived and known importance of the contribution journalists make in society, their work can be precarious and put them in danger. Journalists and journalism are visibly under threat.

We are told (according to the EU/UNESCO concept note), while killings are the most extreme form of media censorship, journalists are also subjected to countless threats - ranging from kidnapping, torture and other physical attacks to harassment, particularly in the digital sphere.

We also know, that threats of violence and attacks against journalists in particular create a climate of fear for media professionals, impeding the free circulation of information, opinions and ideas for all citizens.

When I talk about journalists, I mean those engaged in news making and work for news media organisations or play related functions.

In answering the question of impunity [literally, to get away with murder], we are told that the cycle of violence against journalists is often an indicator of the weakening of the rule of law and of the judicial system.

One might, therefore, add that the reason impunity persists, is a weak judicial system and unstable rule of law. Most times, a weak judicial system is symptomatic of other problems in a democratic framework – shrinking space for expression, intolerance of dissenting views, and disregard for rule of law.

So what is there to be done in a weak judicial system that cannot sustain a stable rule of law? Are there options for ending impunity and protecting journalists in such contexts? In societies where the most fundamental values are betrayed, is it realistic to expect that ending impunity and protection of journalists are possible?

To end impunity and protect journalists will be a collective effort, drawing on different actors. It is important to focus on the influence of legislation, politics and institutions while drawing on practical work of advocates for justice.

The first thing is, there is need for continued pursuit and protection of freedom. Most constitutions provide for freedom. Our Chapter Four of the 1995 Constitution adequately provides for human rights. Why then do we continue to speak of impunity for crimes against journalists when there are legal frameworks for protection? The answer in part, is our lack of appreciation for freedom.

It is often clear, that the harassment and other threats against journalists, stem from an absence of or respect for freedom - freedom of expression, freedom of assembly and freedom of the press and other media, despite constitutional guarantees for these. This appreciation of freedom requires all citizens and those in authority to appreciate.

The second thing is, the motivation for the law, the consideration of their impact, and consultation of those it will affect. Our laws should be those that work for the people, for instance, protects journalist and facilitates good journalism.

Some of the laws we have cannot protect journalists, except to punish wrongdoing or perceived misbahviour. The rapid changes in the media industry, requires regulation that is tempered by reason and media/communication policy that is progressive.

The third thing is strengthening our judicial system. Unless our judicial system is found on the principles of human dignity and equal justice, it will be futile to talk about ending impunity.

To end impunity and protect journalists, we should be assured of a judicial system where, as Justice Oliver Wendell Homes suggests, a judge would have intellectual honesty about available policy choices, disciplined self-restraint in respecting majority’s policy choice, and principled commitment to defence of individual autonomy.

We cannot expect a system that works for politically motivated persecution to work for journalists. The Judiciary should see itself as the protector of the individual. A judicial reform, is thus a critical element of ending impunity for crimes against journalists.

Finally, we should appreciate journalists and the role of media in democracy and development. If we do not see the value of journalists, it will not be possible for us to actively seek to protect them. Not even the community or citizens who judge journalists for failing the test of credibility, can protect them.

Journalists and journalism needs to return to the basics in order to reclaim their space. Most importantly, we should look at impunity and protection of journalists differently, beyond declarations and legality. 

Ms Maractho (PhD) is the director of Africa Policy Centre and senior lecturer at Uganda Christian University.                      

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