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Center Media for Freedom Responsibility" and

Foreword
by MelindaQuintos Jesus de

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Introduction: lmpunity Southeast in Asia T h eP h i t i p p i n e s

Impunity and the FreePress byMebnda de 0ujntos Jesus and Remedies Civil. Administrative AgainstViolations HumanRights.......... of
by Jose Manuel I. Diokno

Against Human Rights Viotations Other Remedjes Confrontingthe Chaltenge byEic Henry Joseph Mallonga F.

18

ONTHE COVER continues and ThecuLture vio[ence impunity of of Asia, wherethe perpetrators in Southeast againstjournatistsoften go variousassauLts nished. unou Cover ILtustration CAROLASAN SERGE

lndonesia
Mediaand the Cultureof Impunity in Indonesia by BinaBektiati
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PUBLISHER Mruno* Dr Qumros Jrsus EDITOR LunV.Trooono

Malaysia
in Silent Threatsto MediaWorkers Mataysia Venkiteswaran by Gayathry 28

RIA EDITO L ASSISIAilITS Hrcron Bnv${r fvlncnr-r L. KnrHnvr G. Ravmuroo Rou STAFF M. JoHru Rrnrrn ,Annourrnl l-rnn DrJsus Q. GnotM. Plnecrlr Mru*trY. Prnt-*c Mrnrxr Trooono A.
for Freedom and TheCenter Media (CMFR) wishes to Responsibitity the of acknowtedge support the Swedish (SIDA) Agency InternationaI Devetopment for this pubtication. Asia by Journalism is pubtished CMFR fromits headquartersthe Ateneo at 130 Professional Schools, HVde [a ViLlage, Makati City, Costa Salcedo St., Phitippines. inquiries, (632) For catL 4 6 840-0889 840 0903/ 894-131, / 894- 732 / or emaiIstaff@cmfr-phit.org

Cambodia
TheRight Remain to Silent Journalism the Kingdom Cambodia in of by 0u Virak

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Thailand
Laws Thais Battting Anti-0nline ............. by Alcuin Papa Ending Viotence the TheStateMustProtect Free Expression .................. La by Frank Rue 37

42

Rounduo Freedom Responsibitity Aboutthe Center Media for and

47 52

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HE CENTERfoTMedia Freedom& Responsibility (CMFR) held the first Journalism Asia Forum (JAF) in Manila, the Philippines on Jan. 10 to 13, 2oo1 . The most recent JAF forum was also held in Manila on Nov. 23,2oro. There were three regional forums in the interim: two in Bangkokand one in Bali, which focusedon discussionsdesignedto promote a sharedunderstanding of the issuesof press freedom in Asia, but primarily in the countries of SoutheastAsia. JAF gathersjournalists, academics, and civil society leadersto exchangeideas about the role of the pressin societyand the problems encounteredin the development of a free press. The themesvaried accordingto eventsand concernscurrent during the year: terrorism, elections,and pluralism in the media. The zoro forum focusedon the theme of impunity, and the return to Manila was appropriate.The Philippines has been among the "most dangerousassignments"for journalists, with rzo journalists killed in the line of duty since1986. In 2o1o, the meeting was part of the Philippine press community's efforts to mark the first anniversary of the Ampatuan massacre, when 58 people,including journalists and media workers, were murdered in 3z Maguindanaoprovince. Journalism Asia also exists asapublication, a collection ofthe papers and other related materials generatedby participants during the forum. The publication furthers the exchangeof ideas and experiences among the larger ASEAN (Associationof SoutheastAsian Nations) press community and interested civil societyorganizations,government agencies, academia. and The Journalism Asia Forum and the.IournalismAsia f"IA) publication meet the need for a sustainedexchange journatrsmasra -) Z

of ideas among members of the press in the region, and sharing perspectiveson issuesand problems beyond national boundaries.It is important for Asian journalists to engagein discussionamong themselves.With a familiar context, these discussionsbecomemore oriented toward the realities of the region and practice as affectedbylocal conditions. JAF is a way of strengtheningthe regional focus at a time when journalists in Asia are linked up more intensely with their counterparts in other parts ofthe world. Such a forum provides an empowering experienceto members of the press providing them an in emerging or developingdemocracies, opportunity to test their ideas and insights among those with like experiences. Hopefully, this sharing also confirms the progressivelearning of media communities in different parts of the world. For this purpose,CMFR has found the ideal partnership and cooperationin its founding membership in the Southeast Asian PressAlliance (SEAPA)which is coordinatedby a secretariatin Bangkok.In the past, CMFR has raised funding on its own and took advantageofthe regional links of SEAPAto hold the forum in Bangkok, Bali, and Manila. In past forums, CMFR invited participants from Nepal, India, Sri Lanka, and China, in an attempt to explore the shared contexts,if any, with ASEAN communities. But participants were largely drawn from the SEAPAcommunity. Establishedin November 1998, SEAPAaims to unite independentjournalists' and press-relatedorganizations in the region into a force for advocacyand pressMom protection. The other SEAPAfounding organizationsneFe from the countries which in rgg8 had alreadl-established free press systems after a period of authoritarian rule: the Philippines in 1986,Thailand in r9gz, and Indonesia in 1998. The members include organizations in these three countries: Aliansi Jurnalis Independen (Alliance of Independent

Journalists, AJI), Institut Studi Arus Informasi (Institute for the Studieson Free Flow of Information, ISAI) in Indonesia, CMFR and the Philippine Center for InvestigativeJournalism (PCIJ), and the Thai Journalists Association (TJA). At some point, two organizationswere invited as associate members. Thesewere: the Timor Lorosa'eJournalists Associationand the Center for Independent Journalism of Malaysia. The JA forum in November eoto reviewedthe issuesand problems now describedas the "culture of impunity" and its impact on the press. The forum was part of severaleventsdesignedto observe the one year anniversaryof the killing of 3z journalists in the Philippinesand to call attention to the fact that the trial, while in process, was plodding along at a very slow and trying pace. The occasionalso provided an opportunity to pay homage to a dedicatedwarrior of justice who becamea staunch ally of all pressfreedom fighters in the country. SpecialProsecutor Leo DaceraIII succumbed a heart attackon Nov. 4, zoto. to He had spent a day at the trial and was working until almost midnight with his team of prosecutors. I first met Leo Dacerabecauseour advocacyefforts included assistance witnessesin casesthat the Freedom for Fund for Filipino Journalists were supporting in courts. As head of the government'switness protection program, he would recommendfor support the needsof families of witnesseswho had steppedforward to testify. These individuals had also lost their lives as they knew it and they

neededsomeonelike Leo to keep them going,just as we all neededhim. I do not think I would have found the will to do the work to support media defenseand litigation of cases in court without his counsel,his dedication and integrity. he Because was there, I could proceedwith confidenceand trust. I had spokento him on the phone the night before he died. Usually quiet and soft-spoken,he seemedevenmore so during that last conversation.I heard in the early hours of the following morning, that his daughter found him lifeless in his bed. He has left an emptinessin our midst. Even as we pledge to honor him with our continuing advocacyand campaigns, we know that we all have to work harder becausehe is no longer amongus. JAthe publication connectsthose who were not there to this moment, and to the information and explanation provided in the presentationsand discussions. The editor, ProfessorLuis V. Teodoro,has also added selectedmaterial that expandson the theme. We hope that this volume will help expandthe searchfor solutions in communities afflicted by impunity. r

MELINDA QUINTOS DE JESUS Executive Director Centerfor Media Freedom & Responsibility

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Impunity in Southeast Asia

N THE hope that a collectiveresponsewill rise from the public's understanding of impunity and its impact on pressfreedom and democracy,the Center for Media Freedomand Responsibility (CMFR) organizedthe "Journalism Asia Forum zoro: Impunity and PressFreedom (JAF zoro)" on the first anniversaryof the Ampatuan Massacrelast Nov. 23. The forum featured speeches from media and other sectors.Among them was United Nations SpecialRapporteur on the Promotion and Protection of the Right to Freedomof Opinion and ExpressionFrank La Rue. Undefstanding imlUnitU La Rue (p. +z) said that "Impunity multiplies itseli (it grows) geometrically. Every casethat is not investigated is an invitation for many more to occur." He emphasizedthe important role the State must take in ending the cycle of violence: "By not investigating a case(of human rights violations or killing ofjournalists), the State is giving the message that violenceis acceptable." For his part, human rights lawyer Jose Manuel Diokno described impunity as "the dark side of accountability." He said "impunity is insidious. It eats at our reverencefor life until we become numb to violence and inured to death. It tears at the very fabric of society by showing us that life is cheap,that fighting forjustice is dangerous,and that those who kill in the name of the State are a law unto themselves." Diokno, who discussed"Civil and Administrative Remediesas Instruments of Accountability for Human Rights Violations", chairs the Free Legal Assistance Group-a nationwide human rights lawyers organization committed to the protection and promotion of human rights and civil liberties. jounatismasra A 't Gf,ll l0 OGti0n "It is during those darkest nights of our history as a people when evil, cruelty, and inhumanity are omnipresent with shamelessimpunity, when justice for victims appears to be most elusive, that the challenge of confrontation with those same authorities becomesextremely necessary," said human rights lawyer Eric Mallonga. Mallonga is actively engagedin child rights advocacyin the Philippines, among other human rights concerns. He proposed possible remedies for human rights violations in the forum. Participants from the Philippines, Thailand, Indonesia, tualaysia,Vietnam, Cambodia,and Burma (Myanmar), and other speakersin the forum called for a more strategic and collective responsethat will confront not only the attacks and threats against the press and journalists but also the vulnerability of all citizens, especiallythose without the means to defend themselves. W0l$t in Philiminc ni$01y

CMFR analysis regards the culture of impunity as a consequence a conflict-ridden society in which the rule of of law is weak, and the judicial system ineffective. The failure of the State to punish criminal and unlau{ul conduct undermines the basic assumption of the justice system that no one is abovethe law. The Ampatuan (Maguindanao) Massacrewas the worst attack on the pressin Philippine history. On Nov. 23, zoo9, about a hundred armed men murdered 58 people including 3z journalists and media workers in Ampatuan town, Maguindanao. The journalists were covering the filing of the certificate of candidacy of Esmael Mangudadatu for governor of the province by his wife, sister, and other relatives.

The massacreprovoked unprecedentedoutrage among journalist and civil society groups in the Philippines and abroad. But the attacks on press freedom and free expressionare still continuing. About a month after the massacre,a gunman on a motorcycle shot a radio blocktimer in a Southern Philippine province. He died of multiple gunshot wounds and reports said the killing was politically-motivated. In zoro, eight journalists were killed; four of these murders were workrelated.Fourteenincidents ofthreats and attacksagainst media practitioners also occurred in the sameyear. One hundred eighteenjournalists and media workers havebeen killed in the line of duty since 1986.While the Philippines is consideredto have "the freest press in Asia", it is now generallyregardedas among the most dangerous countriesin the world for journalists to practicetheir profession. The shameful record of killings in the Philippines, most of them unresolved,is not limited to journalists. Extrajudicial killings (of political activists,judges, lawyers,human rights workers, and other citizens)and other human rights violations are also continuing, in incidents of torture, addition to enforceddisappearances, arbitrary arrest and detention, and the displacement of communities.

JAF zoro provided the venue for a dialogueand of a sustainedexchange ideas among those in the press.The event openedup perspectives the larger to frame ofdiscussion beyond national boundariesand to strengtheninginternational understandingof the cultural, political, and social aspectsof violenceand impunity in different parts of the world. The killing ofjournalists may not happen as frequently in Indonesiaor Thailand as it doesin the Philippines, but threats and attacks against press freedom and free expressiondo happen.Just like the trend locally, most of these incidents are more likely to happen in the provinces than in the cities. Journalists and/or media organizations of becometargetsbecause their work-they release information which authorities or powers that be do not necessarily want to be found out. Unfortunately, among ASEAN countries the common experienceis that the perpetrators ofvarious forms of assaultsagainstjournalists often go unpunished. The countries of ASEAN share the same challengesin prosecuting those who attack and/or kill journalists: judicial delays,police brutality or incompetence,lack of forensic evidenceand witnesses,and lack of funding to bring casesto court and to seethem through the judicial process. Other forms of suppressionabound.While few journalists have been killed in Thailand, state authorities websites have focusedtheir attention on suppressing and blogs that they think to be guilty of lese majeste. In 2o1o, for examplethe Thai governmenttook down 44,ooo websites mostly for publishing allegedly anti-monarchy content. While these acts have been questioned as contrary to the guaranteesof press freedom under Thai law, Thailand has a computer crimes act that in effect imposes severelimits on free expressionvia the Internet. journalismagra

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The culture of violence and impunity does not exist only in the Philippines. In SoutheastAsia, a total of 246 alert reports on threats and violations ofpress freedom and free expression were recordedby SEAPAfrom 2oo9 to 2o1o, indicating the fragile state ofpress independence and practice, even in countries where the laws provide for press autonomy.

In Indonesia,an anti-pornographylawhas beenthe justification for the suppression of access social networking to sites labeled by both state and non-state groups as forbidden to Muslims. Thirty-five laws in Malaysia are on the other hand used to curtail free expressionin the Internet. A number of bills are pending in the Philippine Congressthat could be used to suppressfree expressionin the Internet, among them a proposed child pornography law and a cybercrime bill.

For the legal community - to establish a network of lawyers willing and able to pursue casesas they arise, whether in this archipelago or the region, explore other remedies that can stop the violations of human rights, and develop alternative instruments to counter impunity; For the government - to reform various areas of governance, including seeking justice for victims of human rights violations; For free expression advocates- to continue giving (humanitarian, financial, and legal), and assistance encourage knowledge-sharing that will raise the

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The forum organizers and participants suggesteda number ofinitiatives to put an end to the culture ofviolence and impunity: . For the press community - to ensure that journalists and media practitioners abide by their own professional and ethical standards, to prioritize media defenseand safety (provide training, insurance, equipment, etc.), to encouragemedia literacy;

learning curve in making democracy work. About 7o participants took part in the JAF zoro. They alsojoined the commemoration program for the anniversary of the Ampatuan Massacre in Mendiola, Manila organized by a group of press freedom advocacy groups. I

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THE IMPUNITYAND FREE PRESS

By Metinda Quintosde Jesus to lose heart and give up. Whatever victories are achievedseemtoo puny to be encouraging. The difficult struggle to change things involves such complex fundamentals as the existenceof warlord armies and rules of court that are used to manipulate the courseofjustice. As more and more people understand impunity, the hope is for the individual efforts of media groups to constitute a collectiveresponse, one that will confront not only the attacks and threats against the press and journalists, but also those againstordinary citizenswho are even more l'ulnerable becausethere are no organized advocatesto turn to and establishdefense.

MPUNITY" REFERSto the failure of the state to KT of this I nunish criminal or unlawful conduct.The impact I consistentfailure, or the result of such failure, is not always fully understood. This consistent failure maybe the result or s5rmptom a state of lawlessness of that operatesPhilippine society. But it is related clearly to the repeated and cyclical experienceof crime from day to day and the systematic corruption that is seeneven in the most routine transactionsin daily life.
The documentation of the killing ofjournalists in the Philippines has establisheda framework for understanding impunity. The country's Constitution protects press freedom from government interference. But the killings implicate both public officials and private figures who have the means and motive to silence unwanted media critics. The weaknesses the of judicial system, including the poor police capability for forensic investigation, also leave many crimes unsolved and unpunished. Citizens, including journalists who make up a large presence, are thus vulnerable to violent attacks and threats. International media watchdog organizationshave singled out the journalismasia country for the number ofjournalists who have been killed and the limited progressin resolving and prosecuting suspects. The Center for Media Freedom and Responsibility (CMFR) databaseshows that over rzo journalists have been killed in the line of duty since 1986. From year to year, the numbers have been comparedto those of journalists dying in countries in a state of war. Only ten casesin the Philippines have ended in convictions since 1986. In theseten cases,only the hired killers have been caught and brought to trial. These statistics paint a picture of impunity in the harshest light. And it may causethose who work on media defense and press freedom advocacy

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The killing of journalists is an outrage and a scandal,especially when seenagainstthe libertarian breadth of Philippine laws that protect freedom ofexpressionand pressfreedom,and the demonstrated capacity of advocacy groups to organize efforts to bring casesto trial and to assist and support families of the slain.

The wall of impunity has been built by governmentrepressionperpetrated during the period of Martial Law, and the neglect and indifference of administrationsafter 1986. But the advocacygroups have taken significant strides on a road map toward correction and reform, and hopefully, transformation.

has become quite systematicwith the restoration of democracy and the openingup of democraticspacein the country. Ironically, however, the end of Martial Law brought to light the harsh reality of and the violence of these attacks, leading some to think that the killings were due more specificallyto the failure of democratic governments. CMFR first did an analysis of the killings in r99r, six years after the fall of the Marcos dictatorship. CMFR then recorded3z killings from 1986,when PeoplePower in February toppled the Marcosdictatorship,to August 1991. Twenty-two of the killings then were classified as in the line of duty. The causecould not be conclusively determinedin six other murders, and personal issueswere involved in

four. At the time of the report, no in assassin any ofthe cases had been brought to trial. It was a period of heightenedcontradictions:the new administration under then President CorazonAquino had dismantled the long-standing controls of dictatorship. The downside was that the removal of repressivecontrols also unleashed competing forces in the political arena which possessed their own instruments ofviolence. The killings painted a larger picture of a conflict-driven societywithout the benefits of the stabilizing power of the rule of law. As of r99r, none of the cases had been prosecutedwith success. And even after three administrations after the Marcos regime, the prevailing culture of violence and impunity persisted.Journalists have not been the

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CMFR took the crucial step of attempting to understand the nature of the problem. It started a database that not only counts but also analyzes the casesand discernspatternsthat may suggeststrategic action. The count of the killings started only in recentdecades. one was counting No the slain during the period of Martial Law for obviousreasons. The exercise

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B . S A q u i n oI I I . I

Human only targets of assassination. rights lawyers,forest rangers,political have also been activists, and advocates murdered for their work, although when a journalist getskilled, it is sure to make news. The first graph showsthe number ofjournalists killed in the line of duty since1986.Of the r78 journalists and rnediaworkerskilled since1986,rzo were slain becauseof their work, 79 of the rzo being work-related cases during the Arroyo administration (February2oo1to June zoro). The secondchart showsthe number ofjournalists killed in the line of duty by administration. Most of the journalists and media workers killed in the line of duty since 1986 were basedin the provinces,with the Autonomous Regionin Muslim Mindanao (ARMM) registeringthe most number, 34, which includes the 3z killed on Nov. 23,2oo9. distribuIn terms of geographical tion,38 Filipino journalists and media workers were killed in the line of duty in Luzon; ro in the Visayas;and 7z in Mindanao. The Philippines, designates regionsfrom North to South. Beforethe Ampatuan (Maguindanao)Massacre,there were more journalists working in radio were killed, followed by those working in print. This changedafter the Massacre: the number of print media practitioners climbed, since most of those killed were from print. Another chart showsthe number of journalists and media workers killed in the line of duty by gender:nine women men. to compared 111

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10

Out of the rzo work-related killings, 10 cases have resultedin convictions,but no mastermindhas been convicted. Although some alleged masterminds have been identified, not one has been arrestedand detained.

ilGlwoll aduoGacy: lor IIII

The Freedom Fund for Filipino Journalists Inc. (FFFJ) raises funds for humanitarian assistanceas well as media defense. FFFJ is made up of six media organizations which work together to raise funds for fact-finding missions,and and quick response humanitarian assistance besieged for journalists and the families of the slain. FFFJ has focusednational attention on the killings and has kept the issue alive in the public mind. FFFJ has been monitoring 16 casesin court, including the cases filed in connection with the Ampatuan Massacre. More detailedinformation can be accessed the CMFR at Interactive Map (http ://www.cmfrphil.org/map/index_inline.html). parly was GenalymMangudadatu, the wife of a candidate seeking ii :gx tili*iliiil!$$!;liiliiiii:iriliiiiiiriilii:*ili$llilli:i:L' election iifi as governor ;iiiffi*trffi iiiiui;ii;iiii;:ii;:iilii:iii;iiiiiIii:!illl,ffof the province, Esmael i&n:iffi iii!i!: .,tiiiblftnii:pgfficts:..'i'.:i'.t.:i:.:i' "Toto" Mangudadatu.Shewas :'. ".:::rs.:.:.'.' -""'e''';:;:;'' '';'':;' accompaniedby other family members ;;ffiffi-:*i*6'eoliffi!1ffi';';'' civilians who happened to be passing by when an armed group intercepted the Mangudadatuconvoy). Evidence gathered at the scene of the crime and the testimony of pointed to the main suspect, witnesses Andal "Unsay" Ampatuan Jr., then mayor of the Datu Unsay town was allegedto have been physically present at the sceneand to have ordered the killing of everyone. Along with Unsay and other senior membersof the clan, 195personswere
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were not related to the family. All were women. They were joined by three vehicles carrying men and womenjournalists, photographers and TV cameramen,some media office staff and other media workers, all in all numbering Sz (excluding six other

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On Nov. 29, 2oog, a convoy of five vehicles made its way to ShariffAguak, Maguindanao province. Leading the

11

Various members of the FFFJ have signed on to a motion of lawyersto seek the disbarment of an Ampatuan defenselawyer, who is among the highest paid legal eaglesin the land, for breach of professionalconduct. The motion may not prosper, but to the protest was necessary put on discretion in record the abuseoflegal this case. Philippine and international reports have noted attempts to silencewitnesses,to force members of the families to withdraw their LITO OCAMPO casesfrom court. There is no limit, it seems,to the application of pressure and other quarters. Pressgroups have tactics so that legal action can tilt organizedindignation rallies and demonstrationsthrough the year. To observethe anniversarymilestones since Nov. 23, 2oo9, journalists and news and public affairs programs have produced specialreports. Press freedom advocateorganizationshave joined together to issue statements and manifestos.The trial has become a causeuniting what is known and admitted to be a most fractious press community. CMFRhas pointed out in its statementsthat the massacrein Ampatuan town, Maguindanao province could have been easily dismissedas politically motivated, cyclesofrival linked to the vengeance clans in that part of the country. But the inclusion ofjournalists in this attack forced more public attention to the case and raised the kind ofpublic outrage that could not be ignored, forcing the Arroyo administration to take the necessary stepsto placateand mollify public opinion. the balanceofjustice in favor of the accused.Such tactics are replicated in courtrooms all over the country, where the means,the wealth, and the power of the accusedcan press lawyers to push the envelope of unethical practice. The legal manipulation of the court system calls for policy review and reform; these rules have become more useful in protecting the guilty and may servethe lawyers'purpose of winning the case,no matter what the evidence shows, rather than the courseofjustice. This test casecontinuesto be held up as a landmark in legal history. Dependingon the outcome, the result may constitute a giant step for justice, sending out the message that no one can be so wealthy and so powerful as to be above the law. Or it could set back the Philippine struggle for the establishment of the rule of law.

Ampatuan Massacre victims chargedwith 57 counts of murder and as having participated in the conspiracy to murder. The Ampatuan clan has held political power in the province of Maguindanaosince the 198os.The families amassedwealth in a province known for the great poverty of most of its communities. They were also acknowledged as political allies and personal friends of the then incumbent PresidentGloria MacapagalArroyo. The head ofthe clan controlled without interference from the central government the entire province of Maguindanao,maintaining private armies, and controlling military and police units and local militias. The prosecution ofthe suspected perpetrators is ongoing, but at an alarmingly slow pace.

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With the number of journalist killings already constituting a shameful record, the killing ofthe 3z triggered unprecedentedoutrage from the media joundismasra,| .l

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Judicialreform cannot be achievedby executive fiat.The incumbent government may be poised to be more pro-active on these issues.But advocacy groups haveyet to see the dramatic shift of policy
or visible and dramatic action to indicate its official commitment

reform cannot be achieved by executive fiat. The incumbent government may be poised to be more pro-active on these issues.But advocacygroups have yet to seethe dramatic shift of policy or visible and dramatic action to indicate its official commitment. At this writing, the media advocacycommunity has become more vocal in expressingits disappointment over the lack of action on the part of the Aquino government on the issues of impunity. The wait for justice-and an end to impunitycontinues. I Melinda Quintos de Jesus worked as a freelance journalist in the t97os, starting out in thefield of television documentary fiIm. Her experience in journalism has since included print, rqdio. and teleuision. In the l98os, she tuasamong the columnisrs o/Bulletin Today rrho urote criticqlly of the Marcos regime. When she was easedout of that job, she moued to theforefront of the "alternatiue press" as editor and columnist of the neusweekly Veritas. She organized CMFR in tgSg to address the problems confronting the press in a developing democracy. Now the publisher of CMFR's publications the Philippine Journalism Review and PJR Reports. she has also deueloped training programs on media and the justice sAstem,peace reporting, media and gender-basedreporting, and other emerging issuesin the netus agenda.
journalismasia

Iheloleof0ouenment lGrdGrshil
With a new administration in place, this discussion must include our view of the role of the government. No matter how steadily we work as non-governmental organizations and as civil society workers, in the final analysis, it is the agenciesofthe government that will establish the rule oflaw and end the culture of impunity. In the early 199os, when CMFR first scrutinized the pattern, we concluded that the killings were not a matter of official policy to suppress dissent and to silence critics. Rather were the attacks symptomatic of the prevailing environment of violence and lawlessness. The media and the press community being an unusually large and visible presencein the country, they became moving targets

officials, these were often the exception rather than the rule. And their efforts were clearly hampered by the lack of budgetary resources. We heard policy messagesuttered by government officials which dismissed the killings, describing journalist victims as troublemakers, and erring members of the presswho only have themselves to blame. As the killings spiked during the Arroyo administration, we noted that, despitestatementsto the contrary, the policy was one of gross indifference, discouraging more proactive strategies to pursue justice. The current administration of BenignoAquino III has been eloquent in its promise for reforms in various areas of governance including justice for the victims of human rights violations. A critical appointment to his Cabinet, the new Secretary of

in an arena of conflict and lawlessness. Justice,the Hon. Leila de Lima, has But in the seconddecadeofthe already proven a staunch and fearless CMFR's engagement,our analysis noted the weakness ofthe responseof the government agencies involved in investigating and filing of cases.The responseof the Philippine National Police and the Department of Justice was particularly wanting. While CMFR and FFFJ did find dedicated and committed government ally in the counter-impunity program. But the DOJ has to work on many fronts, while ingrained weaknesses and the paucity ofresources continue to hold back correction and reform in key agencies. The government's third branch, the judicial system, is separate from and equal with the executive. Judicial

13

iptr6 impunityiffitheph*$ ro*ru

in One encourag ing deuelopment our work, howeter, has beenthe links made uith the legal community. Theselawgers arenowpart of acohortof media defensechampions. Someof themhque human ights before beenw orking on our ownaduococy had started. If the legal systemis part of the problem, then certainly lauyers must be engagedintheworkof reform. Recently,our oLUn engagement intraduced us to the coneeptualizqtion undertaken by two legal luminaries in the Philippines, two lcwyers thinking out of the box, in their oun searchfor taols and instraments to be ernployed against impunitg. Theseinuolue the application of ciuil and administretiue remediesqs instruments of accountabilitg against uiolations of humcnrights {Jase Manuel I. Diokno) end other remedies against human ights uiolations (Eric Henry JosephF. Mallonga).

Civil and Administrative Remedies

AGAINST VIOHTI ONS OFHUMAN RIGHTS

LITOOCAMPO

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By JoseManuel Diokno I.

Our failure to hold these offenders criminally liable can also be traced to the Office of the Ombudsman. Of course, the Office of the Ombudsman was created precisely to hold public officers accountable.But it has hardly been vigorous in pursuing this Constitutional duty. For instance, there is a casewhere I am personally involved in, which involves the rub-out of three men by a unit of the Traffic ManagementGroup, which was caught on video tape by a member of the media. The footage was shown on nationwide TV, the public was outraged,but guess what, the caseis still undergoing prelirninary investigation after five years(The rubout took placein zoo5. The Commissionon Human Rights conducted a very thorough investigation in early zoo6, including forensic experts. They forwarded the caseto the Ombudsmanthat year. It's now zoro and the first stageof the preliminary investigationis not evenover yet.) That is the kind of delaying and the kind of problem that we facein prosecutingviolators of human rights. When criminal casesare problematic, are there other ways of holding the perpetrators There are at leastthree accountable? different options that we have been exploring. The first is the filing of civil suits here, as opposedto criminal cases, beforethe Philippine courts. The secondis to file administrative casesso at least, ifwe cannot put them in prison we can get them out of public
jot rrnalismaqi;l

MPUNITY,THEYsay,existswhena statecannotidentifu,
prosecute,and punish violations of human rights, to the extent that thev are bevond the reach of the law. From where I stand as a human rights lawyer for the last twenty-something years,to me impunity is the dark side of accountability. It destroysthe belief so basic to our legal systemthat no one is abovethe law.
Justice dispensedfrom the barrel of a gun is not justice but plain from a murder. Justicedispensed thousand guns, all aimed at perceived enemies of the state, is impunig. Impunity is insidious; it eats at our reverence for life, until we become numb with violenceand inured to death. It tears at the very fabric of society by showing us that life is cheap, that fighting forjustice is dangerous, and that those who kill in the name of the State are a law unto themselves. Impunity is now here today in this country. Its shadow looms large over our people. We see it everywhere: in the killings ofjournalists, judges, lawyers, witnesses, and activists; in the death squads that roam our cities, the nwer-ending theoriesof police rub-outs; and of course, how could we forget those horrific massacresin Maguindanaoand in other parts of our land. Eliminating impunity is no easy killings and task. State-sanctioned are disappearances by nature secret. The security forces that carry out these abuses were.veiled anonymity that of are often very hard to pierce. And even when they are identified, the offenders exploit the sorry state of our criminal justice systemto avoid prosecution and punishment. Criminal casesagainst human rights offendersare difficult, if not impossible to prosecutehere for a number of reasons:Our courts are notoriously slow in deciding criminal cases. Criminal casescan take anywherefrom six yearsto lo years or evenlonger from the moment of

Typically, violators of human rights who belong to the State also engage in other kinds of shortcuts, They also amass,at least as f;ar as lve can gather,all kinds of hidden wealth
trial until the final appeal is decided. In addition, our government's Witness Protection Program iWPPJ is wait woefully inadequate. Witnesses cometo for yearsbeforetheir cases trial, trapped in safehouses,while their perpetratorsroam free.Without any mechanism for preserwingor perpetuatingtheir testimony,some witnesses give up, others succumb to offers of money by the offenders, while those who persist are threatened,and ifthey insist on pursuing the case, they're killed.

15

When criminal cases are problematic, are there anyu.S.territory. But to me, pwsuing criminal suits, other ways of hold i ng the perpetrators accou ntabl e? pursuing civil suits and administrative There are at least three different options
service.And the third is to pur$ue civil suits for damagesagainstthem in other countrieslike the United States. T)rpically,violators of human rights who belongto the Statealsoengage in other kinds of shortcuts.They also amass,well at least as far as we can gather, all kinds of hidden wealth. And if we can get at those assetsin order to give compensationto victims of human rights, why not? Because criminal if proceedings difficult,then we are shouldcontinue tryingothervenues. Another difficulty we have had in criminal casesis the fact that control of Lhecasedoesnot rest with us or wil.h the victims. It rests with the public prosecutors. And in my experience, it has beeneasyeither to influenceor to compromise to intimidate fiscals or who belongto and prosecutors governmentservice. Also, civil suits for damages are easierto prove. Because criminal in case,you have to have proofbeyond reasonabledoubt while in civil cases,all you need to establishis a preponderance evidence. course, of Of you cannot put them in jail in a civil case,but at least you can hurt them at the point where it hurts, meaningtheir pockets. Aside from fiIing civil suits in this country, we can also f.le administrative cases. Experience has it that sometimes it is easierto get them out of the service and out of uniform than it is either to put them behind barsor to get some compensation from them. Our problem herehasbeenthe labyrinth, the intricate procedurethat are providedby our law for pursuing againstmembers administrativecases of the PhilippineNational Police (PNP) and the Armed Forces of the Philippines (AFP).According to our Constitution,we are only supposed to have one Civil ServiceCode. And everyoneincluding uniformed membersof the AFP and PNP are supposed to be part of that Civil Service Code.But somehowover the yeals, they have createda special,complicated legalprocedure that is specialinto them: so that. in my opinion, they are now no longer in the reach ofthe In Civil Service Commission. fact,you cannotevenappealadministrative casesfrom the AFP and the PNP to the Civil Service Commission. The third remedy that we can pursue is filing suits abroad. Some of those we have prosecuted-we have discovered, for example, from the military, have assetsin the United States,and therefore it is possibleto file civil casesagainstthem there under two laws*the Alien Tort ClaimsAct, and the Torfure Victim Protection Act*these are both laws passedby the U.S.Congress. Theselaws allow aliens, even human rights violations occurred outside the US, to file suits and recover damagesthere. What is only required is you must be able to swearpersonally that the accused or the defendant is in cassare not going to be enough to address the prohlem of impunity. There are two different bodies that human rights protectors will have to lotrby: the Congressand the Supreme Court. We must encourageand in fact pressureCongress strengthen to the WPP and to provide for the perpetration of testimony. As a witness of or a whistleblower a human rights violation, I should have the opportunity to testi$r immediately so I can be relocated, given a new identity and of so on, and so that the resources will not be spentin the government housing me for years before my case has cometo trial. Unfortunately,up to now there is no such mechanism,and legislation we needCongressional to establishthat. Next is the SupremeCourt. The Free Legal AssistanceGroup has a pending petition to the SupremeCourt. We have askedthem to amend the Rulesfor to Criminal Cases allow perpetration of testimony for people who are in danger orunder the WPP. We received a communication from them before that they were referring our proposal to the appropriate committee. But it has been some time andwe have not heard anything from the courts. We are hoping that the courts will act on this request becauseeven when the Congressdoes not passlegislation,if the Supreme Court amendsthe Rules of Court, we will be able to do this perpetration of testimony.

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EdithaBurgos,mother of missingactivist JonasBurgos, teadsa protest marchagainstenforceddisappearances.

LITOOCAMPO

Obviously, foom the things you ve been hearing, you must realize that there are a lot of things to be done, and in fact the prospects would seem discouraging, listening to the statistics given by Melinda Quintos de Jesus.But having been in this kind of work for so many years,I must saythat we cannot stop. We must hear the words of our elders and gain strength from what they said, and I quote: "To allow injustice to prospr without protest, when the occasionto protest arises, is to compound the hardships and

sufferings of the people. The task of a lawyer is to uphold the rule of law, and when law has been deposed,to restore it. To do so, it is a lawyer's duty to help people regain freedom and recapture sovereignty.One step in this direction is to make those who usurp the powers of government face the illegitimacy and immorality of their acts at every turn. Except for the gravest of teasons, it would be egregiousto forgo such opportunity."' So this where we stand today in the Philippines. Our situation

is precarious. We stand not at the crossroads at the precipice.Our but task and challenge is to find safer ground. To find the path that can take us eventually to a world where life has meaning, where values count, a place where can say, "This is where I want my children to grow up" instead of dreaming of a better life in distant shores.t JoseManuel I. Diokno is the national chair of the Manila-based Free LegaI AssistcnceGroup.

l]ose W. Diokno, Amicus Cbnse Memorandum, De Ia Llana u Alba, G.R No. SZ88g

joumalm

17

impu ityir:theph n i8npplm*s

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AgainstHuman RightsViolations Other Remedies

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By EricHenryJosephF.Maltonga

heard about these declarations when I was a technical assistantof Sen. SantaninaRasul and was assistingher peacekeeping efforts in 1987in the Provinceof Sulu. The Municipality of Indanan in Jolo Island was declared"No Man's Land". Back then, I merely accepted such military declarationsas gospel truths that are part ofgovernment

It fr'Y FIRST personal skirmish with the Armed Forces I l/ I of this country was during my assignmentas a State I.Y I Prosecutorof the Departmentof Justicesometimein 1991to investigatehuman rights violations in Marag Valley, which straddled three provinces*Kalinga, Apayao, and Cagayan.
Marag Valley, together with the trvo other neighboring valleys of Paco JoTJInal]sIT1-and Zinundungan had been declared "No Man's Land" by local government councils and by the military. I had first

1B

prerogatives. whatdid a declaration DeVelOpment But

of a territory within Philippine jurisdiction as "No Man's [.and" mean? Were such declarations even Constitutionally sound? Definitely not. Suchwar declarations,in reality, mean an order for the conduct of genocidal massacres,with a public notice that anybody found within such territory shall be exterminated. At the very least, it meansthe forcible transfer of civilians living within their ancestral domain so that the military could operatewithin the designated territory. But even that, in essence, as still constitutes cultural genocide indigenous cultural communities are from their ancestral forcibly ejected domain and soonlosetheir identity as a peopleor as a community. Clearlythen, thesedeclarations were the government-military strategz occupied ofclearing an areaallegedly by so-calledinsurgents. The reasoning of the Armed Forcesof the Philippines for their combat operations, resultingin the consequentially extermination of indigenouspeoples from their or their forcibleevacuation ancestrallands, is that thesecomprise legitimate counterinsurgency strategies, a lame excusefor the massive human rights violations, either actual genocide with military killings and massacres, or virtually cultural genocide,committed in such hinterland areas. Such military operations in the Cordillera Region were codenamed, Oplan Lambat " Bitag", which symbolically meant the casting of a fishnet into the seaand the capture of everything that fell within the scope of the cast. Oplcn

aggressionby the ruling elite utilizes the military in furthering the growth of their respectivefinancial
empires, clearly

killed. No prisoners are taken. z. Holding Phase.'After the clearing operations.the military graduatesto the establishmentof camps or headquartersin the area to make their prese*ce felt in securing and stabilizing the area. After guaranteeing that the area is more secure,the military commanderrecommends the gradation into the next military phaseof consolidation. Hamletted or previously evacuatedresidents,if there are any alive, are invited to resettle in their original community to provide a semblanceof normality. 3. Consolidation Phaser Once threats from the alleged insurgency are minimized or eradicated,other government agencies invited to are establishtheir presencein the area. include civilian police Theseagencies forces and other civilian support services.The indigenous civilians are enticed to participate in whatever sociopolitical activity is organized by the skeletal civilian structures organized therein. 4. Development Phaser When government civilian agencies have been consolidatedwith the establishment of government military and police security, then roads are subsequently constructed,and school buildings and government officesare built. Markets are opened in strategic and viable areas. Private initiatives are welcomed to for economicdevelopment flourish and for the area to tre self-sufficient economicallyand to be progressive,and independent. Unfortunately, after funds have of been expendedover four decades ... journalismasia

for their personal aggrandizement, and without regard for human life or the human rights of the people a,ffected
Lambst Bitag constituted a component ofthe Total Approach to Counter Insurgency, which was then the over-all government-military stratery. It had four phases: r. Clearing Phase; This means nothing elsebut military operations to effect the destruction of existing communities to pave the way for establishingmilitary camps in the area. Declaringthe earliernamedvalleysas "No Man's land', virrually meant that every living thing, every living being in the communitiesis to be treatedas an insurgentor suspected insurgent. Not even children are spared from the labeling. The military approach, therefore, is total destruction. An opportunity to be hamletted or evacuatedto another area is given for a limited duration. Thereafter, there shouldbe no peoplewithin the area so declaredas "No Man's Land". Otherwise,the tribesmen who refuse to evacuatethe area are identified as insurgents to be exterminated. AII are

19

hamletting continue to flourish while the summary executions,involuntary disappearances, and torture of socio-politicalactivists are unabated.

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Genocidalmassacres not likely are to dissipatesoon with the continuing empowerment of military-supported political warlords and private armies. Unfortunately, never has the government*neither the Department of National Defense and Security, nor the Department o{t}re Interjor and Local Government-ever disclaimed

w*,,ryt

that government policies on counter-

Bitag, the clearing policy, hamletting MonetteSalaWay, widourof NapSalaysay, joumalist slain in the Ampatuan a MassacreLfTOOCAMPO been used to propagate development projects to exploit the abundant natural and mineral resources belonging to the indigenous communities, and/or in maintaining the status quo ofpolitical elite rule. Any such development projects initiated through private initiatives with military support are carried out without the participation of, and with no benefit whatsoeverto the local eommunities and no consideration whatsoeverfor the human rights, welfare, and fundamental freedomsof the membersof these affectedindigenouscommunities. Developmentaggression the by ruling elite utilizesthe military in furthering the growth of their respectivefinancial empires, clearly for their personal aggrandizement, without regard for human life or the human rights of the people affected. The horrors offorcible displacementthrough strategic or forcible evacuation, development aggression, or the Total Approaeh to Counter-Insurgency, are no longer the official military-police strategy or that they are no longer being practieed in the hinterland communities in this country. In addition, there appears to have been a more insidious military strategy than just the direct combat military operations prior to the formalization of the Total Approach policy-the use and arming of the civilians in a long-practiced "divide and conquer" strategy,especially during the Marcosadministration. Civilian units such as the Civilian Armed Forces Geographical Units (CAFGU)and the Civilian Home DefenseForces(CHDF) and vigilante groups were created for the purpose of winning over civilians to the government. But these structural creations,integral to the military and police agencies,meant the arming of local civilians by police

*iffi

insurgency such as Oplan Lambat

military operations since the time of the Marcos dictatorship, and as the national budgets for the Interior and National Defenseportfolios continue to remain the highest ever, the military appears to still be in the clearing phase of the Total Approach to Counter-Insurgency. Concededly, there has been economicdevelopment some in hinterland regions. But the progress and developmentexperiencedis more a consequence ofthe continuingand consistentsacrificesof the indigenous cultural communities in their desire to preserveand protect their ancestraldomain for their families and their people,rather than as a consequence military intervention of or operations-and certainlynot as a consequence the Total War policy of or the continuing summary execution of activists and advocates. Throughout the history ofthis nation, militarization has merely j o rr r n a l i s mr;ila

20

and military units as part of the tactic of compelling the communities to police themselvesagainst rebel infiltration. Unfortunately, there was an implosion within the communities. Implosions are the self-destruction of the civilian forces and empowered vigilante forcesbecausethey were killing eachother or they were killing the very samepeople they were intended to protect. They did this with impunity. One casein point was the Rape of Emilia A (not her real name), a young fourteen-year-oldgirl raped by civilian members of the Police CHDF in OccidentalMindoro. Armed with high-poweredfirearms, two CHDF members raped the child with the arrogant claim that they could not be prosecutedbecause the victim's family members were allegedly communist sympathizers.As CHDF, they claimed they were protecting the country and the government against such communist supporters. There were of courseno legal justifications for the rape, let alone harassingthe family. There was no evidence of any crime committed by any member of the child victim's family. Neither was there any evidence. Just pure innuendoesabout the communist ideolory without any intelligent analysis about Marxist philosophy. Just pure arrogance ofpower. Just pure lack of national security and defense.Just ptrre erime committed with impunity and without any semblance of morality. I vowed then that we would get these rapists and we did.

Torture as a crime cannot be absorbed by any other crime or felony committed as a means in the conduct or commission of the torture, or as a consequenceof the latter
Another casewas the killing of Italian Catholic priest Tullio Favali by Norberto Manero and his cohorts in a vigilante group, which had been armed and empoweredby the military. After accusingthe priest of being a communist supporter, Manero and his conspiratorsshot him. After a successful but difficult prosecution, Norberto Manero was pardoned and releasedfrom the national penitentiary. Arming civilians without educatingthem on basic values and without accountabilityresults is a far more damaging consequence as the socio-cultural community is destroyedthrough the divisiveness of such strategies.Inter-community and intra-community strife results from the strategy. The government has also never disclaimedthe arming of non-accountablecivilian organizationsallegedlybelonging to the local communities and local politicians in the killing of suspected insurgents. The insurgencyin these localities is supposedly reduced by tapping the local community and utilizing civilians against their own people, but that is not the case. The supposedly low intensity conflict has its own built-in multiplier effect. Insurgency intensifies. Within the community, families are ripped apart and hostilities escalaterather than uniting the indigenous eultural communities towards the common goal of community developmentand progress. Today, the CHDF and CAFGU still exist. The governmenthas not yet disowned their utilization and continuingoperationsin securinghinterland territories, more particularly in the Visayasand Mindanao.The CHDF and CAFGU yet remain unaccountable arrogantly In armed and empowered. fact, the quality of the military intelligence a n d p l a n n i n gi n t h e p r e v i o u s administration guaranteedthat such eventsas the Ampatuan Massacre would happen. In 1998, I resignedfrom the Department of Justice (DOJ) as a State Prosecutor,totally frustrated over the civilian government's inability to restrain its police and military forces. I decidedto focus my efforts on child rights advocacy, where I had achievedsome degree of success and personalfulfilment in the prosecution of child abusecases and the protection of children from further trauma. But Carol Mercado and Damcelle Torres, both from The Asia Foundation, approached me sometime in zooT on the possible preparation of a manual on remedies for human rights violations. I hesitated. Frankly, I was not sure how useful it would be, and did not
tol lrnellsrn.aqr.a

2L

relish the thought of coming up with a work that would make only far interesting reading but have no practical value for its target audience. The manual, taken in the context of a reality of turbulence and the summary executionsof political activists, lawyers and media commentators, could tle viewed as a mere academic exercise. But these idealistic lawyers stressedto me that it makes senseto soldier on in human rights advocacy are evenif advocates not because, in successful immediately changing the legal and political environment, we still could plant the seedsfor social transformation. We commencedefforts on this manual on remediesagainsthuman rights violations more than three years ago. sometime in 2ooB, printed to copiesof it were presented the DOJ for distribution to our prosecutorsin the hope that it would provide them with useful insights cn, and practical tools for, recognizing, handling, managing and successfullyprosecuting human rights violafions. Most of the provided, and remedies perspectives suggested,in the manual continue to be of current value. In the interim, however,from the time of its publication three years agoto date,there has beenone very important in development-the passage November zoog of RepublicAct 9745-the AntiTorture Act. Prior to the passageof this law, I had observedthat the crime of torture, alongwith other recognizable forms of human rights violations (such extralegal as enforceddisappearances, killings, and irwoluntary displacement) journalismas,n

had yet to be legislated as felonies or crimes in themseives.This, I said, did not mean thattorfure could not be prosecuted; it eould and shouldbe prosecuted,but the prosecution for torture had to be couched in existing eriminal terms under the ancient Revised Penal Code,which was the organic law for the prosecution of criminal offenses. Otherwise stated, torfure could be for redressed filing criminal cases by component felonies that may be equated with torhrre such as mutilation, rape, rmrrder, or maltreatment of prisoners, and serious physical injuries. The way

now specifically penalized. Tofiure is definedas "an act by which severepain or suffering is intentionally inflicted on a personfor such purposes as obtaining from him/ her or a third person information or a confessionl punishing him/her for an act he/she has committed or is suspected of having committed; or intimidating or him/her or a third person;or coercing for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of a prson in authority or agentof a person in authority." The lawfor some reasonexcludes "pain or suffering arising only from, inherent in, or incidental to lav,fiil sanctisns"; it is an exclusion that will be a likely source of possible for confusionin future prosecutions torture. What does u futm sanction" contemplate,and to what extent will it justify the deliberateinfliction of pain? Will this not provide a loophole that many sadisticpersonsin authority and their cohorts will relish invoking in their defense?Hopefully,judicial interyretation in future prosecutions for torfure will clarifu this potentially gray areain the law. Torture as a crime cannot be absorbedby any other crime or felony committed as a meansin the conduct or commissionof the torture, or as a of consequence the latter. Torture shall and independent be treated as a separate criminal act whosepenaltiesshall be imposablewithout prejudiceto any other criminal liability provided for by domesticand international laws. In other words, two crimes can now be

It is in the darkest nights of the souls of our people that we must attempt, even with utmost
desperation and futility,

to raise the banners of causeswe have committed to advocate

to redressinetorture thus took a more "cireuitous route". I had nonetheless opined that it was better to institute these actions to vindicate the rights of the victim rather than to allow the act of torture to go unpunishedaltogether. However, the Anti-Torture Act of zoog has now obviated the almost surreptitious treatment of torture as an unstated, but obviously additional, incentive for pursuing the criminal prosecution of component felonies. Torture and other cruel, inhuman, and degrading treatment or punishment is

zz

prosecuted when an act oftorfure is committed: one crime under the archaic RevisedPenalCodeand the other crime under the Anti-Torture Act of zoog as there is no absorptionof one felony by the other in the criminal indictment. Hopefully also,there will be a future opportunity to further explore and amplifu upon the substantiveand procedural dimensions of torture. When that opporhrnity comes,it is my fervent hope that laws specifically addressingenforceddisappearances, extralegalkillings, and involuntary displacementsshall have become realities as well. In general,albeit torture alreadyhas been identified as among the international crimes that are universally prohibited, there are still many of these crimes against humanitythat remain undefined and unidentified among the;us coger$ norrns. Jus cogenscomprise norrns that are ofsuch universal acceptance and recognition that they are, in themselves and as far as the community of nations is concerned,regardedas binding, non-derogable,and inviolable. The peremptory character ofjus cogens norrns occupies the highestlwel in the hierarchy of international laws so that it does not take a treaty to enforce them; their intrinsic validity is known to all peoplesof the world regardlessof their being incorporated into domestic legislation; any civilized person will be impelled to proceedagainsttheir violations not so much as a matter of law but as a matter of human instinct. The prohibition againstgenocide rose to the level of jus coge.nsnorrns after the commencement of the

Nuremberg Tribunal rulings and, tlereafter, a series of international tribunal rulings in the wake of the Yugoslavian, Rwandan, and Cambodian conflicts. In the caseof Prosecutor v Furundzijabrought before the International Criminal Tribunal, torture has been outlawed as ajus cogen$noffn. In addition, slavery has been regarded as inherently offensive to humankind's sensibilities such that it was proscribed in no uncertain terms in innumerable instruments such as the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights. Hence, the prosecation of human rights violations should not be treated as an exercisein futilitywhere there is no comparabledomesticlegislation addressing the same. It is our belief, srenin the absenceof nationallaws, thattorturers can still be proseeuted r,rihen norms violated comprise a the character as to be treated as universally condemnable under the general principles o{ international law, with a proportionate penalty attached to the gravity ofthe offense analogous to the penalties in heinous crimes. The Incorporation Clauseof the Constitution mandates the obligation of the Philippine government to uphold international norrns. ln Kuroda u Jalandoni,the SupremeCourt has once sustainedthe useofinternational law in holding criminal perpetrators of war crimes and crimes againsthumanity liable despite the absenceof a domestic criminallaw. The Court ruled that "since the Philippines adopts the generally acceptedprinciples of international law as part afthe law ofthe land," then in it acknowledges its corpusjunb the existenceofoffenses arising from the violation of laws and customsof war. In the prosecution of human rights violations, there are presently two powerful remedial legal instnrments: First, tlre Writ af habeas carpus-it is a highprerogative writ which seeks not so much to obtain an adverse adjudication againstanother as to ask the courts to initiate an inquisition on behalf of the State. Its paramount goal is court intervention to compel State officialsexercisingcustodyover a person to producethat person'sbody and justifu his or her continued confinement. Irr enforced disappearances,habeas corpus canbe usedto discover the location ofa disappearedperson when
jorrrnalismasra A countdownfor justice

'lVfagurhda nao JVfassa cre.

tIToocAr,rPo

23

it has beenascertained that he or sheis being confinedon some illegal ground amounting to an unlar{ul deprivation of liberty. However, experience shows that habeas corpus petitions are cften stonewalled and derailed by a simple denial on the part of RespondentState officials, especially if the evidence that they havethe disappearedperson in their custody is not compelling enough or when absurd prosecutoriallogic is used despite compelling evidence. Second, Writ of amparo, which the is evenbetter than the Writ of habeas corpus. Whereashabeascorpusmerely seeksto havethe body of a detainedor disappearedperson produced before the court or to demand justification for the continued deprivation ol liberty, ampcro veststhe court with almost plenary power to grant whatever remedies are available and equitable under the law, with aview to protecting a personfrom actualorthreatened violatipn of the right to life, liberry or security. Under ampcro, the court can issueinterim reliefs evenduring the courseof hearing the petition; these reliefs partake protective measuresthat may achievethe purposesof the writ evenbeforejudgment. Theseinterim reliefs are the issuanceof Temporary Protection Orders, even accrediting Sanctuaries for the Protection of petitioners; Inspection Orders,which permit entry into any designatedproperly for the inspection, measuring,survef ng, and photographing of the properties or items that may be relevant to the disappearance confinementofa or journalisma!,ra

person; Production Orders, which orders the production or permit the inspection, copying, photographing of designated documents, papers, books,letters,accounts, photos, objects or tangible things, even in digitized or electronic form, which constitute or contain evidence relevanl to the petition or returt; and Witness Protection Orders for witnessesto be admitted into government witness protection programs. But these great writs of liberfy obtain meaning and purpose only if they are utilized by judicial bodiesin recognition of the human rights and fundamentalfreedomsof our people. When such tribunals view themselves as mere extensions of the ruling elite or an oppressive administration more interested in the dispensation of power than alleviating their people from poverly, then thesewrits possess no value. Penultimately, the ready complicity of governmentwith, and the ready approval ofjudicial tribunals of, police and military suppression of people'sbasic human rights and fundamental freedoms,discourages eventhe most aggressive and courageous advocatesfrom pursuing their petitions and remonstrations before co-optedauthorities. But it is during those darkest nights of our history as a peoplewhen evil, cruelty, and inhumanity are omnipresent with shameless impunity, when justice for victims appearsto be most elusive, that the challengeof confrontation with those sameauthorities becomes exfremely necessary.We have always been inspired by our children to

perseverein the never-endingstruggle to make our nation a better place for everyonedespitethe trials, the death threats (and I have receivedthem from military generals,congressmenand mayors alike), the lack of adequate flnancial support and the continuing tunnoil of a world in ferment. It is in the darkestnights of the soulsof our people that we must attempt, even with utmost desperationand futility, to raise the banners ofcauseswe have committed to advocate. In the end, as an ultimate response to the destructivenessof massive violations bythe police and military of the human rights and fundamental freedoms of our people, I decry, as the Roman Centurion Longinus would have so denounced,the prevalence of greed and corruption and defied the tyranny of his day before his own decapitation: "Even if we die, and our Iives are ended, we will still herald to all. We will broadcastto the great multitude, that here in our nation, thosewhom you have punished,those whom you have causedto disappear without any proof of life, those whom you have tortured, those whom you have executedwithout benefit of any judieial trial, those whom you have massacred,today they are all now risen from the dead." r Eric Henry JosephF. Mallonga is a Iong time human rights lawyer whose aduocacy is the rights ofchildren.

24

--;;" :Y:r:"k*I THE MEDIAAND I il:$:,"r#l$r,li.i"'ii, ^ ir,i.;*i**::r*,# RE0 F CULTU

t-l-lHE coMMIl
and the authorities have failed to solvethe crimes-for zoro. Indonesia is not in the list. But killings and murders are not about scoring. Even if only two journalists were murdered in zoto till now, it doesn't mean that press freedom in Indonesia is not under threat. Impunity has enabledthe parties responsiblefor murder and other forms of violence to escapepunishment.
Ridwan Salamun,28, was one of two victims of violencewho died last August 2l,2oLo. He was a correspondentfor Sun TV, a private television channel in Indonesia.While coveringviolent clashesbetweenlocal villagers in the southeasternTual area of the Maluku Islands, he was stabbed repeatedly. Salamun was filming when he was attacked,and his equipment was reported missing after the incident. Salamun was airlifted to a hospital in the provincial capital, Ambon, where he died ofhis injuries. So far, there are no suspects,and no one has been arrestedby the local police. This is definitely a caseof impunity. But this caseshould not be seen merely as an attack on a journalist while in the line of duty, but as part of a deeper conflict that has persisted in the region.
Protesterc vandalizea car during massiveriots in Jakartain May 1998. P0Sf THE JAKARTA

IN IMPUNITY INDONESIA

journalismasia ') I-

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buitding Protesters occupythe Houseof Representatives LEFT: Mediaworkersseek justice for the murder of journalist RidwanSalamunRIGHT: THE POST JAKARTA step down. in that Suharto demonstration Jakarta May1998,demanding in duringa massive

Tensionshad been running high between residents of two T\ral villages, Banda Eli and Fiditan, with clashes resulting in property damage.Violence was triggered when a Fiditan motorcyclist was perceived as riding aggressivelythrough the village of Banda Bli. Salamun was a Banda Eli resident, and he was attacked by Fiditan people. What if Salamunwas not a Banda EIi resident, would he have been murdered? It's a very triclry question. But one thing should be underlined: Indonesia is a multiethnic, multi-religious country with the potential for many local conflicts. Regionalautonomy as part ofpower decentralization,which emerged after the fall of the New Order era (after t997), has been playrng a part in "distributing" conflict at local levels. Impunity is indeed a very serious problem. But combating impunity in Indonesia should not only be limited to addressingthe failure of the statejustice apparatus in punishing attackers, but also to the growing number of groups representing ethnic and religious interests that have nothesitated in

using force andviolence.Thesegroups tend to act as defenders ofwhat is, from their perspective,righteous causes. Sometimes,even the police cannot discipline these groups. Another journalist killed, Ardiansyah Matra'is, was murdered in Merauke, a small town on the southern tip of Papua province-about six hours' flight from Jakarta. A rescueteam found the body of Matrals near the GudangArang River, two daysafter his family reported him missing, at the end of July, zoro. Accordingto the Alliance of Independent Journalists (AJI) Matra'is, a reporter for local TV, had been covering plans for a large agri-business developmentin Merauke. With its potential forbringing wealth to the remote region, the project had led to a heated competition for the position of regional chief. Matra'is'death camein the run-up to local elections.In the week before his death. Matra'is had received death threats through text messages similar to those sent to at least three other local journalists. Matra'is' body showedsigns oftorhrre, although local police later denied finding sigrrsofabuse.

Matra'is' caseshowed how laws are not ableto protectjournalists from 'unknown' threats. Especially in remote regions like Papua,where journalists are few, and not well organized, the risk is higher. It's also very dfficult, for example, fordII to act and establish fast enoughthe causeofmurder.

olimruniU Guilrrc
What doesthe culture of impunity in Indonesia consist of.) There has not been a thorough study about it. But impunity exists when there's lack of political will to investigate the killing of journalists. It developswhen the legal framework for detection and inquiry is weak or non-existent. The fall of Suharto in June zooT openedhuge opportunities for democratization. The democratic spacegavethe peopleoflndonesia the opportunity of free choice. Media groups and journalists flourished.Civil society groups encourageddemocratic values like pluralism, human rights, etc. The atmosphere at that time was exuberant given the triumph of "people power". Indonesia had entered an era of reform.

I I

However, the "rules of the game" of the authoritarian regime of the 3z years ofthe Suharto era weighed heavily on the efforts at reform. Becauseofdemocratic space, the role of law enforcement was not settled, the "rules of the game"-abuse of power, intimidation, comrption, bribery, collusion,nepotism,etc-persisted and helped prevent state accountability. Over time, this "dark power" maintained, even created, the culture of impunity. The word reform implies there have been efforts to reform autocracy and to develop democracy. But reform needsindefatigable efforts in the face of the legacyfrom the era of autocracy that impunity is part of the "rules of the game" to protect and maintain their power. Journalists along with pro democracygroups were tasked with the difficult duty of suppressingimpunity.

Kalimantan, Papua,and other islands in Indonesia are different. To fight against impunity, journalists need help from local sources. What happened in the Naimullah murder showed how a local conflict played a significant role. The reporter for Sinar Pagi daily was found mutilated with stab wounds in his body He was discoveredin the back seat ofhis car in Pantai Penibungan, about 90 kilometers north of Pontianak, the provincial capital of West Kalimantan. According to reports in the July 28, Media 1997editions of the newspapers I ndo ne sia and Akcay a, Naimullah had recently reported on timber theft for Sinar Pagi and had been conducting an investigation for the paper into illegal logging in Kalimantan. He was last seenwith four men, including one from the company suspectedof having been involved with the logging. The police failed to investigatethe case,and some journalists suggested police may the have been involved in the murder. Illegal logging and the state apparatus in Kalimantan became a deadly combination of collusion. This is a huge threat to journalists. Illegal logging and mining in Kalimantan is a lucrative businessfor the corrupt local police, the army, and the local government. It has not changed despite the coming of the reform period. The Naimulllah murder occurred at the end of Suharto's era. CPJ and local journalist associations tried to encouragea fair investigation into this caseuntil 1998, but without results.

SGlf+nso1$hi['tefiuge"
Journalists seemed to work peacefully during Suharto's era. Everything was under control. But the truth was that media owners and joumalists were forced to be in harmony with government for the sakeof political stability and economic development. Critics were seenas threats to stability and to be against public interest. "Good journalists" supported the government no matter what, bad journalists were those who like to criticize authority. And the government did not tolerate 'bad journalists'. In these circumstances,self censorship was internalized for years and becamea culture itself. The reform period failed to make self censorship disappear. Its heritage still exists among journalists who chooseto collaborate with people with political or economic interests in different regions. "Badjournalists" could end up like Ardiansyah Matra'is, Naimullah, or Anak Agung Prabangsawhose reporting exposedpossible cormption in a local education department project in Bangli, a cityin easternBali. Selfcensorshipis one ofthe serious obstaclesin battling impunity. Journalists infected by the selfcensorship virus are not able to produce reports on strengthening law enforcement, transparenry, and democracy,like investigative reports on comrption. If self censorship is strong, there might be no impunity, but there won't be press freedom either. r Binq Bektiatiis the editor of Indonesiqn mag azine Tempo.
journalismasia

localiumeming
Indonesiahas 13,ooo islands,33 provinces, a more than zzo million population. Local conflict, ethnicity and religious differences,tension among power groups and economic interests, a comrpt and inefficient bureaucracy, a comrpt police and army, weak and

unfair law enforcement have played a part in creating impunity. Bach region has a different type ofproblem depending on the resourcesand power various groups are fighting for. If journalists are abused,torfured, or killed while covering sensitive affairs such as clashesin communities, violent incidents, or civil war, we have to see these incidents from a local perspective. The causeofconflicts in Java, Sumatra,

27

-,:-,:i

'i:.

T$1 tv0 lH, il

By Gayathry Venkiteswaran

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through the use oflaws and rules, political pressure,censorshipand a culture of fear that hangs over many newsrooms. Many editors and journalists will relate to the 1987detention without trial of more than 1oo political educators,and opponents,academics, civil societygroup membersunder the Internal Security Act and the under suspensionof four newspapers the Printing Presses and Publications Act (PPPA) as the turning point in which newsrooms have since been cowed into political submission.

N zoto, Malaysiaplunged 10 placesto 141't the global press in freedom index computed annuallyby ReportersWithout Borders, the lowest for the country in the last decade.It is only relatively higher than the Philippines and Thailand in the SoutheastAsian region, both of which saw serious and violent threats including killings againstjournalists and media workers in the previous year.
But Malaysia'slow ranking was not becauseofthe extent to which journalists faced physical threats or impunity. Here, it is becauseof the continued use of more silent and protracted forms of harm: censorship,and worse still, selfcensorship,which havejeopardized the role of the media as an effective watchdog in society.Most casesof violations of free expressioncome in the form of intimidation by the state

directly hinder the work of journalists. The PPPAmandates the licensing of the print media, renewable annually and has beenthe most usedtool to keepthe media in check. The PPPAalso gives the executive a reasonto keep a closeeyeon the media. One institutional processin placeis the monthly editors' meeting,organized for by the Home Ministry, responsible the internal securityand that includes regulation of the print media. Editors are "advised" what news to avoid and what to highlight, often resulting in the full compliance of the editors, who representthe major media companies in the country. In addition, there are dedicatedofficersin the ministry to monitor the media of all languages

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(Malay, English,Mandarin, Tamil and of the indigenouslanguages Borneo) to check for anti-government content. This could include articles that touch on ethnic identities and Islam. One recent example would involve the daily, The Star,which has the widest circulation among English language Arguably, Malaysia is a peaceful country. Incidents of violent uprising or tensionshavebeen minimal. The govemment would argue that the reason for the peacehas beenthe economic growth from the late r97os and the existenceof preventive laws like the Internal Security Act, though critics argue that the stability as envisaged by the government mereb servesthe interestsofthose in power. As such,Malaysiahas a poor record when it comesto observing fundamental cinii liberties and press freedom. It is no coincidencethat Malaysia continues to be low in the press freedom index as well as other global rankings offreedom and democrary as the state is actively involved in the suppressionofdissent through the use of the laws and the media. The two main factors that have shapedthe landscapeof the mainstream media are the laws that have a negative impact on pressfreedom and freedom of and the ownership structure extrlression, that allows for political and corporate control of the media. Among the more notorious laws are the PPPAand the Sedition Act that are remnants of the British colonial rule, as well as the Official SecretsAct that newspapers.The newspaper carried a commentary by its rnanaging editor P. Gunasegaramcriticizing the whipping of three women for "illicit sex"under the Syariah law. It attracted a show-cause letter from the Home Ministry as well as several police reports accusingthe writer of insulting Islam, resulting in the issuing an apolory, instead newspaper's of defending its right to comment on the administration of justice. All the major media companies are privately owned, three with clear political ownership by parties in the federal ruling coalition (Barisan Nasional or the National Alliance) and
journalismasia

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29

expectedto comply with the ruling party's political agenda.Individual journalists who have attempted to push the boundaries to conduct investigative reporting are not supported and have experiencedcensorship of their stories.

According to the journalists who have been at the receiving end ofthe attacks,these casesgo unreported by the media and there is almost no pressure on the authorities to investigatethe assaults.Journalists are told that their duty is to write news, and not to be part ofthe news. They are advised to accept that such harassmentsare part and parcel ofthe job. CIJ's attempts to seekinformation from the authorities resulted in only one responsein the investigation and conviction of a perpetrator who was let offwith a fine of US$rso. There has been no conclusionto the rest ofthe casesof journalist attacks3. In 2o1o, the largest Malay-language newspaper, Utusan Malaysia suspended one ofitsjournalists, who is head of the National Union of Journalists, for criticizing the newspaper'sracist and politically-biased reporting. The management of the newspaperaccused Hata Wahari of subordination. but media freedom advocatesargue that the union head has been victimized for speakingthe truth and on behalf of the journalists' fraternity. Also in the last year, two respectedjournalists reporting in the Mandarin language, one with the statebroadcaster(RTMz) and another a private television station (ntvZ), were forced to resign over editorial interference in their reporting. Chou Z Lam and JoshuaWong had been covering topics like the controversial mega dam project in the Borneo state of Sarawak where thousands of indigenous villagers had been displaced and public protest over unsafe

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(right)andChou Lam, Z Joshua Wong mediaworkers do notface physical or protesting potitical interference the in violent newsroom. HTTP://WWW.TECHDAIIY.C0M threats in the courseoftheir duties. Basedon documentation by the the rest with partyvested interests. Icading media and political science academicslike Terence Gomez,Jomo KS, Mustafa KAnuar, and Zaharom Nain have attributed the unchallenged censorship of the media to the nexus between politics and business. It was particularly in the time of the fourth Prime Minister, Mahathir Mohamad that the business of the media collapsed into the vested interest ofthe Barisan Nasional, which used the laws, administrative controls and ownership to pull the strings in the media, to the extent that the position ofeditors in chief is decided by the prime minister's office. It was inevitable that a changein the political leadership of the Barisan Nasional would be followed by a reshuffle in the upper floors of the media companies. The combination of these factors has led to a situation where the media is under constant surveillance by the powers that be and newsrooms are journalismasia Malaysian-basedfreedom of expression advocacygroup, Center for Independent Journalism (CIJ), six out ofthe 14 cases of threats and intimidation of media workers in zoo81involved physical assaultby individuals from political parties and thugs. The yearbefore, in Novembet 2oo7, a photographer from alocal Chineselanguagedaily who was assaultedby a member of the ruling political party, (United Malays National Organisation or UMNO), when covering a press conferenceby an opposition Member of Parliament (MP). Kok Chun Seng from the Guangming Daily was taking photographs of trvo UMNO political party memberswho were in an argument withthe opposition MP, Tan KokWai, when they assaultedhim'. In separate incidents, two reporters from the Tamillanguagedaily, Malay sian Nanban receiveddeath threats for their reports, and one ofthem was beatenunconscious by two unidentified individuals.

30

electricity towers in residential areas, timed closelyto a by-election. The freedom ofthe pressis often pitted againstthe obligations of the Malaysian media and journalists to operatewithin the framework of the multicultural society and the obligation to balancerights with responsibility.While the latter is theoretically desirable,the prevailing conditions in the country only promote irresponsiblejournalism, as there is no demand for goodjournalism. The few media companiesthat aim for high professionalstandardslike the English daily,The Sun and online news portal Malaysiakini.com havebeen threatenedwith actions under the print and multimedia laws, respectively. The problem confronting the media is that they have not been challenged to competeon the basisof ethical and professionalstandards.Seriousethical in weaknesses reporting as a result of inaccuracies,unfair reporting, and discrimination against individuals or groupsare not consideredimportant and the mainstream media are rarely taken to task by the public, exceptby civil society groups that monitor specific A reportage. National Media Monitoring Surve/ undertaken by the women's rights group All Women's Action

Society(AWAM) in zooT found deeplyrooted genderbias and stereotlpesin the media, and the situation has not changedsincethe inclusion ofequality on the basisofgender in the Federal Constitution in zoo8. CIJ's media monitoring of the generalelections in zoo8 confirmed public distrust of the mainstream news media that were overwhelmingly biased towards the

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528 was the date of the protest by civil political against groups journalists and society tagline The controlof the newsroom. campaign was Tak Nak Potong,which literatly meant " no cuts". M HDAlLY.c0 HTTP://WWW.TEC their boundaries are. Sadly, they are victims of institutionalized state and corporate censorship that has crept into the psyche of many journalists and editors. r

incumbent political party. Furthermore, to make up for the lossesin readership/ viewershipand advertisingrevenue, many media outlets haveresortedto reporting, with the sensationalized Malay languagepublicationsfocusedon demonizinglesbian,gay,biserual, and transgenderrelationships. When corneredby the state,the media have had little support within the fraternity itself, and even less from the public at large.The major publications and stationsdo not comment on, or provide solidarity with, each other. A senior editor of a new television ofhow newsstation sharedanecdotes publishersand editors of the big media would even seekthe government's intervention to "kill" competition within the already small industry. In this environment,journalists in Malaysiado not needto confront violencein order to be told where

Gay athr y V enkitesu ar an is e executiu director of the Southeast Alliance, a coalition of Asian Press mediafr eedom g r oupsfr om four countries in the region. Before this, she was director of the Centerfor Independent Journalism, a not-forprofit organization dedicatedto advancing mediafreedom and people's to access information in Malaysia' She has raorked as ajournalist and has also taught journalism qndmedia history in priuate colleges.She has an MA in Internationel Relationsfrom the Australian National University and a Bqchelor in Mass Communicationftom Uniu er siti SainsM alay sia.

'Centerfor IndependentJournalism (zoog) Malaysia:Freedomof Expressionzoo8, sourcedfrom their website:htlp:// cijmalaysia.org zoogI ot I ztlmalaysia-freedom-of-expression-zoo8/ I ,IFEX/SEAPA alert dated zo November2oo7, "Membersof ruling political party assaultphotographerat oppositionpress sourcedfrom http://www.ifex.org/malaysialzooTlttlzo/members-of-ruling-political-party/ conference, 3[,etter sent by CIJ to the authorities inquiring about the status of the investigations, sourced from htfp://cijmalaysia. org/zoo8/o8 lzzl cijs-letter-to-police-on-photographers-assault-cases/ ahttp://thestar.com.my/news/story.asp?fils=lzooTl6ltTlnatronlrSo44rTr&sec=nation j o u r n a l i s ms r ; a

31

The Right To RemainSilent

THE IN JOURNALISM KI NGDOMCAMBOD OF

By 0u Virak

ETWEEN r99g and zoo8, eleven journalists were murdered in average of Cambodia-an nearly one each year. While no journalist has been killed for nearly three years since the last GeneralElection,journalists have gone on record admitting self-censorship and a general desire to "stay out of harm's
way".t If journalism in Cambodia has indeed become a safer profession since Khim Sambo, a journalist with an opposition-aligned paper, was shot dead in broad daylight together with his son in zoo8, then why are reporters more reluctant than ever before to report without fear or favor? Crony capitalism has placed control of the media in the hands of individuals closely aligned with the government, significantly narrowing the channels through which divergent views are voiced. At the same time, sophistication in governmental poliry has seen the gavel replace the gun as the instrument of terror against journalists. Free from the international jorrrnalismasia

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condemnation that the murder of journalists rightly commands, the legal

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system has been put to work punishing and intimidating journalists on a scale

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Since wresting power from his "CoPrime Minister" in a coup in t997, Prime Minister Hun Sen has worked diligently to ensure executivecontrol of the judiciary and the legislature.Despite taking only 58 percent of the popular

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vote in the previouselection,Cambodia's Commission, the Supreme Council of Magistracy and the Constitutional guaranteed the Cambodian People's Council-and packed them with CPP Party (CPP) 9o of the rz3 seatsin the members loyal to him.3 A policy of National Assembly while new rules decentralization of government which representation system has received widespread international on the formation of governments-to which the oppositionist FLJNCINPAC acclaim has allowed the CPP to tighten and the Sam Rainsy Party agreed in its grip on power, by refusing to provide zoo6 in the face of aggressivecriminal action-gave the CPP a mandate to govern on the basis of a simple majority rather than the two-thirds majority that was previously required.2 Over the last decade,the Prime Minister has established key political institutionsincluding the National Election commune council with suffcient funds to govern and encouragingthem to rely on party largesse, the CPP has taken proportional

purport to represent and increasingly less accountable to them. Injustices have become widespread and those responsible for them have become less and less tolerant to criticism. With control of the three traditional branchesof government-the executive, the legislature and the judiciaryguaranteed,attention has turned to the fourth branch and the final check and balance,the media.

On the surface, Cambodia appears control of all but thirry of Cambodia's 1,600 communes.4 The practical to have a pluralistic press and media effects of this can be seen on a daily with a large number of television, radio basis as the elite become more and more distant from the citizens they stations, and printed publications and, up until recently, entirely open use of

publicforumin lGmpong SpeuProvince Journalists a CCHR at

journalismasia

33

No personshallbe arrested or subiectedto criminal charges as a result of expression of opinion; and yet none of the many casesfiled againstiournalists since 2009 havesought to avail of the civil sanctions the law contains
the internet. Scratchbelow this veneer however andthe reality is very different. Crony capitalism has ensured that control of print media and the television airwaves is largely in the hands of the government and its allies while stepsare being taken to ensure that opposition voices cannot increasetheir foothold in radio and online. Television is entirely government aligned-the country's most popular station, the Cambodian Television Network, is owned by an advisor to Prime Minister Hun Sen while another, Bayon TV, is owned by the Prime Minister's daughter. While the printed press has traditionally been Cambodia'smost pluralistic media, the number of non-government aligned I(hmer language newspapersreporting in the Kingdom has dropped from ten in 1993 to two today.s Although nongovernment voices do have accessto the radio-through of Democracy-a channels like Radio 2oog moratorium Free Asia, Voice of America and Voice on new radio licenses, means that no further pluralism on the airwaves can be expected any time soon.6A December zoto order by the Ministry of Post and Telecommunications to ISP service providers to block certain popular antigovernment websites confirmed that the absenceof restrictions to that point embracing internet freedom than it had to do with a lack of technological The Press Law states that "no capacity to control online content. With control of media in the hands of a small elite, those outside that elite are finding it increasing dfficult to have their voices heard.T

Cambodian Prime Minister during the sixties.e Such a request, a preliminary step before legal proceedings as a matter of course in most functioning is democracies, so rare in Cambodiathat the action of Sonn Soubert in making it appearedalmost quaint. The focus instead in Cambodiahas been on criminal proceedings against journalists who view their vocation as that of a watchdog against injustice and the abuse of power or who seek are contrary to

to GulturG 0lfcarcndscll-GGn$01sni[ share opinions that

those of the government. The Club of person shall be arrested or subjected Cambodian Journalists has reported to criminal charges as a result of that for the period of May 3, 2oo9 expressionof opinion"s and yet none of to May 3, 2o1o, z4 journalists were arrested and ten were suedby members the many casesfiled against journalists since zoog have sought to avail of the civil sanctionsthe law contains. In early zott, Sonn Soubert,a former member of the Constitutional Council, demanded a retraction from Soy Sopheap, a government-aligned journalist, under threat of legal criminal action for a statement he had made about the former's father. Sonn Sann. who was of the government or its inner circle, eight more than in 2oo8,'o with two being jailed for disinformation. The nature of the articles that have given rise to criminal complaints and the identity of the individuals filing the complaints raises questions of executive manipulation of the courts; Hang Chakra was imprisoned in June zoog

had less to do with the government

HangChakn, editor in chief of KhmerllachasSrok,being interviewedby journalists

for an article which alleged comrption amongst staff of Deputy Prime Minister Sok An while the June zoo8 imprisonment of Dam Sith followed a criminal complaint by Hor Namhong, the Minister for Foreign Affairs." As Um Sarin of the CambodianAssociation for the Protection of Journalists has noted: "Judges are unable to resist the pressure when legal action comes straight from the government. This becomes a powerful weapon in the hands of corrupt officials who want to fend off press revelations."'" The subservience of the judiciary and its inability to adjudicate independently of the executive is further highlighted by the fact that both men wrote letters of apology directly to the Prime Minister. The letter from Dam Sith allowed him to avoid imprisonment for another charge of disinformation while Hang Chakra's letter helped securehis Royal pardon, eight months into his oneyear sentence for Importantly, both disinformation.'3 letters included

suppression of a journalist a secretive affair affecting only a few victims held up as martlrs to free expression rather it is an institutionalized program likely to affect everyone and anyone who speaks out against the government and the ruling elite. The criminalization of all sensitive and political opinion has led to a situation whereby journalists are acutely aware of the foagility of the freedom that permits them to report.

in Phnom Penh was arrested,tried, and imprisoned over a three-day period for printing articles from KI-Media and sharing them with a handful of friends. The conviction, which was delivered on a Sunday, confirmed the government's intention to apply its policy of control and punish to online content in much the same way that it controls expression through traditional media.'8 In December 2o1o. a new Penal Code came into force in Cambodia. Such an instrument was long overdue in a country that had for seventeen years relied on the criminal provisions leftover from the United Nations transitional period in Cambodia in the early r99os. Unfortunately however,the content of the Penal Code leaves little room for hope amongst Cambodia's remaining watchdog journalists. The law contains nine crimes that pose a serious threat to freedom ofexpression. The Penal Code maintains the criminal offense of defamation notwithstanding promises from Prime Minister Hun Sen in February zoo6 that the crime would be removed from the statute books. Moreover, it further extends the scope of defamation to criminalize comments that are held to undermine the honour or reputation of institutions.'e Article So2'o provides for the imprisonment of individuals whose words, gestures, writing, sketches or objects are held to undermine the dignity of a civil servant or "citizen entrusted with public mandate by an election in office," while Article 523" criminalizes any criticism of court decisions which are said to "cause turmoil" or "endanger Cambodian institutions".
journalismasia

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The refusal of the government to permit press freedom and freedom of expression through traditional media had many people look to the Internet for hope as a medium through which criticisms and opinions could be shared. The absence ofany restrictions ofonline expressionwas suchthat one wellknown "clogger", Chak Sopheap,described the Internet as Cambodia's "new digital democrad'.'s In early zoro, the government shelvedplans to channel all Internet traffic through a single stateowned Internet hub.'6 In February zorr, it was reported in the press that Sieng Sithy, deputy director ofthe Directorate of Telecommunications Policy Regulation at the Ministry of Posts and Telecommunications. wrote an e-mail to ro local Internet service providers to thank them for their efforts to block a number of popular anti-governmental websites, Media including newsblogs KIand. Khmerizstion and the website of satirical cartoonist Sacreue}7 This dashed any remaining hopes that the internet would remain free. Around the same time, Seng Kunnaka, an employee with the UN Food Program

promises that they would close down their respectivenewspapers. The widespread use of criminal proceedings and threats thereof against those who are brave enough to speak out against and report on those injustices, have ensured the creation of a culture of fear amongst journalists. Faced with a government that will convict them on a whim, journalists have turned to self-censorship to ensure their survival; as one journalist, Tes Vibol, has noted: "I used to write 1oo percent of the truth, but I've reduced it to about 3o percent."'+ The fear is all consuming, no longer is the

? - Jr

These provisions clearly prove that one of the primary objectives of the Penal Code is to ensure that those in power are shielded from criticism while those who are not in power must think very carefully before voicing an opinion that runs counter to that of the government or the ruling party. In the words of Khieu Kanharith, the Minister of Information: "Before, using the argument of freedom of expressionand opposition party status, some people could insult anybody or any institution.

This is not the casenow.

Goncluslon
While journalists and others who speak out against the government have yet to be prosecuted under the new Penal Code, its content leaves little doubt as to the ends to which it will be put. Forthcoming laws that will regulate non-governmental organizations and unions, as they are currently drafted, threaten to further undermine freedom of expression, suggesting a legislative

agenda to silence ordinary people and to further remove the ruling elite from criticism. While theblood of ajournalist has not stained the streets of Cambodia for nearly three years, government control of the media and a new fear of prosecution and imPrisonment are proving all the more effective in ensuring a deafening silence amongst Cambodianjournalists. r 0u Virokis the presidentof the Canbodian Center HumanRights. for

rMoeunChheanNarridh, Director of the CambodianInstitute for Media Studies,in "soldiers for free speech",The PhnomPenh Posf,Ban Tharum, 6 January2010. 2,,Cambodianrulersclaimpollwin", BBCNews,2TJrtly2008,availableathttp://news.bbc.co.ukl2lhilasia-pacific/7527325.s Vol. 49' Issue 1, p. 207' 3"Cambodia 2008:Consolidation the midst of crisis",CarolineHughes, Asian Survey, in in a"Cambodia 2008:Consolidation the midst of crisis",CarolineHughes, Vol. 49' Issue1, p.207. Asian Survey, in in s,,Moneaksekar Strangio,25 January 2010. SamRith and Sebastian Khmer set to publish again", The Phnom Penh Post, 6,,Cambodia Democracyat Risk? Report on Freedomof Expressionin Cambodia",CCHRcoordinatedjoint report' Gagged: availableat http:/ /www.sithi.org/temp.php?url=media-view.php&mid:2906&publication=1& T"Tangled The PhnomPenhPost,ThomasMiller, 16 February2011. web revealed", 8Article20 0f the PressLaw, 1995 s"News 11 MesaSokchea, February2011. anchorin court for questioning",ThePhnomPenh Post, 10"24 Thmei, 3 May 2010 Kampuchea journalists arrestedand 10 suedin one year in Cambodia",
11Ibid.

r2,'Newspaper Without Borders,30 June 2009,p. 4. availableat http://en.rsf. Reporters editor jailed under law bequeathed", 30-06- 2009'33648 org/ cambodia-newspaper-editor-jailed-under-law13"Dam Sith's Apology Letter to Hun Sen,MoneaksekarKhmer to stop publication to pleaseHun Sen",Ki-Media' 9 July 2009' at: available http:/ /ki-media.blogspot.com/2009/07ldam-siths-apology-letter-to-hun-sen.html ra,,Govt sebastianStrangioand SamRith, 30 July 2009. campaignturns back the clock on press freedom", ThePhnomPenh Post, ls,,Digitaldemocracyemerging in Cambodia",SopheapChak,,published on UPI Asia online, 11 November 2009, availableat: 11/digital-democracy-emerging-in-cambodia/ http:/ /sopheapfocus.com/index.php/2009/ r6"Gov'taxesInternet monopoly plan", The Phnom PenhPost, Ellie Dyer, 13 April 2010 lT"Tangled ThomasMiller, 16 February2011. ThePhnomPenh Post, web revealed", ll"Cambodia: NewPenal CodeIlndercuts Free Speech", Human Rights Watch, 23 December2010, availableat http://www.hrw. org/en/news/2OlO LZ122I cambodia-new-penal-code-undercuts-free-speech I leArticle305 of the PenalCode2009. z0Article 502 of the PenalCode2009. 2rArticle 523 of the PenalCode2009. zz";xilingof NewspaperEditor EarnsWide Criticism", The CambodiaDaily, Phorn Bopha and BethanyLindsay, 29 June 2009-

BATTLING THAIS - LINEWS ANTI

By Alcuin Papa

and social networking sites like Fqcebook and Twitter are spurring and aiding dissent against leaders who have been in power for a long time. According to Supinya Klangnarong, vice chair of the Campaign for Popular Media Reform (CPRM), the country is "now at a crossroads"with the Internet possessingthe capability "to push Thailand to dramatic change." "The Internet helps people get connected.It's in our nature and culture to share and this is difficult
j o u r n al i s m a s i a

DVOCATESOF online freedom in Thailand are waging a difficult battle against repressivelaws and a government intent on cracking down on free speechonline. With a mainstream pressthat's increasingly avoiding controversial issues,the Internet has grown as a vital source of independent commentary and information in the country.
It matters hardly to free speech advocatesthatthe Internetpenetration rate in Thailand is low. Strangely enough, for a country of around 67 million, penetration rate is at around only z5 percent. They are buoyed by developments in the Middle East where the Internet

37

i$f, *i,{iPopular
r::.:.r:;i
!::::::::

Prachotai. website Media Reform the news and for The of offices the Campaign Popular to stop not unless you shut down the system. Eventually, Thailand will reach a point of no return with the increasein political participation and developmentsin technology," she told a forum on Internet freedom held in Chulalungkorn University last February. around the globe, the political crisis that gripped the country in 2o1o proved disastrous to online freedom in the country. The resulting state of emergencywas characterizedbY an escalation of state censorshiP. "A state of emergencywas imPosed on April 7 and lifted on Dec. 22,2oro, but it was replaced by the Internal Security Act (ISA) which Provides Thailand's leaders and the armywith the means to censor without having to resort to judicial procedures," the group said. Another factor in the debate on online freedom in Thailand is the strong affection for Thailand's King Bhumibol Aduljadev as well as the other members of the Royal Family among the Thai people. His influence over the country's political, economic, and social life makes him a major force of unity in Thai society. He is the link between the elites and the country's massesand the objeet of reverenceby his subjects.

MACALE HECIOR BRYANT

Becauseof this, the country's Idsemajestd laws are among the harshest in the world. Insulting the King or the Royal Family can Iead to long jail terms. Under Article rrz of the Thailand Penal Code, "whoever defames,insults or threatens the king, the queen, the heir-apparent, or the regent" can earn ajail term ofup to fourteen years.

Big Gagc
Thailand's mainstream press is not considered as free as those of countries in the West, or even countries in the region. This is ironic considering the tiger stature of Thailand's economy in SoutheastAsia. "For some,(freedomofexpression) is an illusion. You are allowed to be free in a big cage,but you are still in a cage,"said Thai webmaster Chiranuch Premchaiporn, who is facing a jail term in accordancewith the country's lese majeste laws. According to Reporters Without Borders, a non-profit organization which defends free information

Ga$G landmarl
Chiranuch knows very well the weight and might of Thailand's ldse majest4laws. In March zoo9, she was arrested in a police raid on the office of Prachatai.com,a political website she helped start in zoo4 and which she was administrator prior to her arrest, on accusationsshe allowed Idsemajestd comments on the site's web forum, content that she did not create.Aside from ldsemajest6,lhe chargesincluded violations of the Computer Crimes Act (CCA). Her case

i$f, *i,{iPopular
r::.:.r:;i
!::::::::

Prachotai. website Media Reform the news and for The of offices the Campaign Popular to stop not unless you shut down the system. Eventually, Thailand will reach a point of no return with the increasein political participation and developmentsin technology," she told a forum on Internet freedom held in Chulalungkorn University last February. around the globe, the political crisis that gripped the country in 2o1o proved disastrous to online freedom in the country. The resulting state of emergencywas characterizedbY an escalation of state censorshiP. "A state of emergencywas imPosed on April 7 and lifted on Dec. 22,2oro, but it was replaced by the Internal Security Act (ISA) which Provides Thailand's leaders and the armywith the means to censor without having to resort to judicial procedures," the group said. Another factor in the debate on online freedom in Thailand is the strong affection for Thailand's King Bhumibol Aduljadev as well as the other members of the Royal Family among the Thai people. His influence over the country's political, economic, and social life makes him a major force of unity in Thai society. He is the link between the elites and the country's massesand the objeet of reverenceby his subjects.

MACALE HECIOR BRYANT

Becauseof this, the country's Idsemajestd laws are among the harshest in the world. Insulting the King or the Royal Family can Iead to long jail terms. Under Article rrz of the Thailand Penal Code, "whoever defames,insults or threatens the king, the queen, the heir-apparent, or the regent" can earn ajail term ofup to fourteen years.

Big Gagc
Thailand's mainstream press is not considered as free as those of countries in the West, or even countries in the region. This is ironic considering the tiger stature of Thailand's economy in SoutheastAsia. "For some,(freedomofexpression) is an illusion. You are allowed to be free in a big cage,but you are still in a cage,"said Thai webmaster Chiranuch Premchaiporn, who is facing a jail term in accordancewith the country's lese majeste laws. According to Reporters Without Borders, a non-profit organization which defends free information

Ga$G landmarl
Chiranuch knows very well the weight and might of Thailand's ldse majest4laws. In March zoo9, she was arrested in a police raid on the office of Prachatai.com,a political website she helped start in zoo4 and which she was administrator prior to her arrest, on accusationsshe allowed Idsemajestd comments on the site's web forum, content that she did not create.Aside from ldsemajest6,lhe chargesincluded violations of the Computer Crimes Act (CCA). Her case

The case is important not only to the issueof

lise mojest6 but also to press freedom....We have to find ways to engage journalists, to get them

In 2o1o, the Thai government took down 44,ooo web addressesmostly for publishing anti-royal content. "There are things that traditional media can suppress.But the media landscape has changed and people are more involved. The Internet is a way of finding information that can't be found in traditional media." Chiranuch also noted that Thailand was the first country in the region to pass a Freedom of Information law ro years ago. "But it's not functioning." In the Chulalongkorn forum, SarineeAchavanuntakul ofthe Thai Netizens Network (TNN) noted that there is a lack of procedure in enforcing laws like the CCA. "There is no distinction betrveenISPs (Internet ServiceProviders) and webmasters and a lack ofunderstanding ofthe Internet. Authorities have no clear picture of who is controlling what." She also lamented the lack of coverageof Chiranuch'scasein the Thai media. "The caseis important not only to the issueof ldse majestd but to pressfreedom. We have to find ways to engagejournalists,to get them they to understand this issuebecause should be worried about it. This will not be the only caseof this nature to arise.'

to understand this issuebecausethey should be worried about it

is a landmark case.the first under the CCA,a law passedby the military junta's appointed legislature in zoo7, which can hold a webmaster liable for content on a website, After posting bail, she was arrested again at Thailand's Suvarnabhumi Airport on Sept. 24, 2oLo after new chargeswere filed against her, this time before the Khon Kaen police station or around 4oo kilometers northeast of Bangkok. The charges, again on ldsemajestd and based on the provisions of the CCA,were leveled by a local businessman.Many say the chargeswere meant to harass the feisty and combative Chiranuch. To add a dash of irony to her case, Chiranuch hadjust returned from an online freedom conferencein Hungary rvhen she was arrested at the airport. She again posted bail for the new charges. "something more interesting." But soon, Chiranuch saw the deep roots of the AIDS problem in her country: poverty and lack of education. She helped stafi Prachatai.com in 2oo4 to "provide an alternative and independentvoice for the people." At the height of its popularity, the website.which addressed socioeconomicand human rights issues, had a whopping 3oo,ooo hits a day. She sat down with this writer and other SoutheastAsian journalists for an interview in the headquarters of the Foreign Correspondents' Club ofThailand. There. other foreignjournalists gaveher words of encouragement. Chiranuch commented that her casedoes not only have domestic but international implications as well. She also said what happenedin Egypt can happen in Thailand. "It will come. The Thai people are learning more, experiencingmore. But we are not in hurry. There is no quick fix. In the past, the Internet was for entertainment. Now, it's being used for political discussion. In periods of political unrest, the Internet has become the battlefield." she said. She also recognizedthat her case has finally revealedto the world the true state of online freedom in her country.

lltcnatiueuoice
The 44-year old Chiranuch may be diminutive but she looms tall among journalists and freedom advocates as a symbol for internet freedom and free speechin her country and in the Southeast Asian region. She studied journalism and worked for a news magazine and a radio station. Later. she moved to a nongovernmental organization dealing \rith AIDS becauseshe wanted to do

IhleattointGmcdiailes
Becausethe web can concealthe identities of users, especiallyin web forums, or "web boards" as they're known in Thailand, Chiranuch and other free speechadvocatessaid they are alarmed by the growing crackdown on so-called "intermediaries." These are entities that provide a bridge
journalismasia

39

between users and the Internet and include ISPs and webmasters. Supinya said the Thai government's Ministry of Information Communication and Technology (MICT) routinely asks the country's ISPs to block at least 3oo websites daily. The result: intermediaries have been known to practice prior restraint. According to Supinya, they have noticed that ISPs block websites "on their own but with no guidelines."

ttFor some, freedom of expression is an illusion. You are allowed to be

are still in a cage.tt-Jftai webmasterChiranuch who Premchaiporn, jail term in is facing a a.C.,'danCe With the
laWS

"The Prachatai caseis a precedent becauseofthe burden placed on intermediaries. who decide to be safer

but free in a big case, you H:]:""T::::::'::::::1J"""'":' "There should be a compromise and
rather outlined regulations criteriafor thanresorttoswiftarrests." of DannyO'Brienthecommittee (cPJ), also who Journalists to Protect forum, the attended Chulalongkorn

rdse country's iaiest6 f:il:il*T1""-::,T,"Jn.j]ifi"

intermediaries is "self-control," or selfcensorship. "It's important to Protect the intermediaries, to stiffen their backbone,"he said.

IntGnGt E||Gmy0lthG
Reporters Without Borders (RSF) called on the world to celebratethe World Day Against Cyber-Censorship on March rz. "The fight for online freedom of expressionis more essentialthan ever. By creating new spacesfor exchanging ideas and information, the Internet is a force for freedom. In countries where the traditional media are controlled by the government, the only independent news and information are to be found on the Internet, which has become a forum for discussion and a refuge for those who want to expresstheir views freely," the organization said on its website. Reporters Without Borders has placed Thailand under the "Under Surveillance" category of its "Enemies of the Internet," a list that includes Indonesia, Malaysia, Australia,
Premchaiporn Pruch atai's Chiranuch TIACALE Bahrain, Libya and Egrpt. Among HECTOR BRYANT

jorrrnalismasia

40

the countries considered "Enemies ofthe Internet" by the organization are North Korea, China, Vietnam and Burma. Chiranuch's trial on ten counts of violating the Computer Crimes Act has been postponed for Septemberof this year. One ofher lawyers, Sangchai Ratanaserinong,admitted that Chiranuch's caseis a sensitive one but that the attitude of the judge and

the prosecutors "makes for a just and fair process."Ifthis "positive environment" prevails, "it would have a very positive bearing in seekingthe truth." He also told SoutheastAsian journalists that the attention and support the casehas been getting from international media is also a plus for them. Chiranuch still believesthat the current "climate of fear can work (on some of her countrymen) but it doesn't

work for all. There is still a belief in the spirit of being truly free." "Censorship goes against the spirit ofthe internet. It devaluesit. Ijust allowed people to talk." r AlcuinPapawosa repofterforthe PhilippineDailyInquirer Henow works for rk 14 televi on netwo G A-7. si

journalismasia

4L

Ending the Violence

MUST THE STATE FREE PROTECTEXPRESSION

By FrankLa Rue with the freedom to eryress opinions, to criticize public officials, or criticize public policies.This is essential. The press plays a very impoftant role-the big press,the small Press, the medium press,the communitY In press,everyone. the past, stateshad an obligation not to interuene,not to censorthe press. It was the passive obligation ofthe stateto guarantee freedom ofthe press.But it is now also a proactive state responsibility. The state has to guarantee full freedom of the press.A strong and diverse press can be guaranteed through non-monopolistic laws. But above all, the laws must journalists' access all to guarantee events.all situations, as well as their security, which I lnow, is the crucial here in the elementyou're discussing Philippines in this one-year anniversary (of the Ampatuan Massacre). I mention this in referenceto all countries,not the PhiliPPines alone or Mexico,which I just visited. All countries have to guarantee the securityof journalists. Journalists, medicalpersonnel,or human rights play a very important role de{enders, in zonesof conflict; they document events and inform the world and all the nations. But I add that in all countries, even in those that are not officially in armed conflict, there should also be an mechanismof protection. emergency In my visit to Mexico I met with the widows ofjournalists who had not received any assistancefrom anyone and had not been investigated. whosecases I do not know if this realityin Mexico has rung a bell anywhereelse in the rest of the world, but I was able to say at t}te end of my visit to Mexico that there are areasthat are not in conflict in the strict conditions ofthe GenevaConvention but are besetbY violence,or armed violence,systematic different warring factions, whether it be drug cartels or state authorities against drug cartels and other criminal groups. But the fact of the matter is that we have fallen for a situation where human rights defendersandjournalists are trapped in the middle. When I askedthe security and the justice authorities in Mexico why these were not being investigated-g7 cases percentimpunity there on cases-they involve thesecases said,well, because violenceby organizedcrime, it's not stateviolence.And my questionwas, how do you know? How can you prejudgea casebefore investigating?How do you know it's not local policeman(for instance)-because there they have municipal police, state police and federal police, and &en they have the army, the naly eomtrating ASTYEA& myreporttothe United Nations (UN) Human Rights Council was on the minorities, indigenous peoples,and populations with specificmlnerabilities Iike children and women, on population and extreme poverlv, and freedom of expression.It is crucial to look into freedom of erpression in the contert of the universality ofthis right: The right that everyonehas to speakhis mind, to seekand receiveinformation of any kind, and to have the meansto express information or opinions and thoughts freely. And this is essential.All human rights depend on the democratic form of government. The tue measureof democrary is respectfor human rights. But some human rights are more directlylinked to political and civil rights; and among them, freedom plays a crucial role. of expression needa democratic All democracies framework, a legai framework, a Constitution,you needdemocratic institutions of the State that are solid, you need a functioning, activejustice system-but they make senseif you have at the sametime, a very conscious, active, and determined participation by citizens. And that dealswith the access to information, in a pluralistic way, and Joulnalisrr *irn*

'lrug lords aswell. How do you know it

rr'asn'tany of theseforces?How do you uorv what the causewas?In somecases case.Impunity is a policy. Impunity is a or policy of neglectin the best of cases, a thesejournalists irev said, ah, because '.r'ere closeto one of the cartels,so statepolicy of cover-up.Impunity is the too policy ofthe statethat doesnot want to off. Or lre other cartel knockedthem :robably, he was doing bad deals.But evensaid, :rere is prejudice.Someone rar-be he is involved in a love affair. .{.ndI always said-and this is to nt conclusionwhich I passed the I repeat ieneral Assemblyand this -:rblicly everywhere-any time there is --;r of violenceagainsta journalist, act if .:d especially it's a murder or -{sassinationof ajournalist, you haveto .:r'esfigate.following the premisethat : it as due to their task as providersof :.tormation-their tasks asjournalistsrat that was the l,ogicand that was the -'ause. And it will be the investigation =at will prove if it is true or wrong. of Precisely because the role the : ressplays and the risk the press :rces in eoveringnews,whether be it -om:ption of stateofficials,whether it -t cartelsof the dnrg lords, or criminal ,.tivih' or conflict-precisely for that :-.k. all investigationhas to begin with :e hlpothesis that the journalists were .:tacked for their profession,for what rev d.idas providersof information. I emphasize that there is more '.-.,rlence againstjournalists and that the that doesnot want to find investigate, the culprits. which doesnot prosecute the and sentence culprits. Impunity doesnot only harm the family of the individual journalist.

of violenceis growing, preciselybecause impunity. Impunity is not an individual

the help professionalize pressso there was a condition that journalists have And then there was a to have a degree. condition to have a truth commission that hasto verifi' whetler the pressis telling the truth. I think the pressis and should be accountable' accountable, to but it's accountable the broad public. ifthe State neverto the State.Because monitors the press,that becomesa form of censorship. You d.on'thavea titling condition, a study condition, you don't haveto form associations-which,you should form and it is a right-but never as a condition by the state,and you don't

Impunity multiplies itseHgeometrically' Every casethat is not investigatedis an invitation for many more to occur and many more assassinations. So impunity is a graveresponsibility

by of the State.Because not investigating haveto registerto any authority. This is crucial to maintain the freedom of is giving the message a case, State the the pressand I'm not sayingthis for the that violenceagainstjournalists is Philippinesalone,I'm sayingthis for the And it will multiply itself. acceptable. that we have And this is the message to send the authorities,andthe governmentin general. There are many types of journalists and it is interestingthat journalism is the one professionthat has no conditions.And I acceptno conditions around the world. I believe I in professionalism. believethat journalists should study, should develop their professional skills, their technical skills. But NEVER should the STATE make that a condition of practice. In Ecuador the State wanted to entire world. I believestrongly in the freedomof the pressand the only limitation I put on the pressis not to build monopoliesand We big conglomerates. haveexamples like Italy where the accumulationof media drawsto the accumulationof political power aswell. And that is, like I said, a dangerand a risk as well for around the world. democracies I also mentionedthat there are citizenswho play a role asjournalists at certain moments:the so-calledcitizen iournalists. I don't think everybloggeris journalism:s,;

43

all the time a journalist, by the way, just he because or sheis using a blog. But I thinkthat in moments of crisis, trloggers do take on the role ofjournalists. And in natural disasters,like the earthquakein Haiti or the flsods in Pakistan or natural disastersin isolated regions,citizensthemselvescan play very important roles in bringing the inforrnation to the world. or I believethat after a massacre, after an election or other situations, citizens can bejournalists to bring the information to the world. This is crucial and the state should also protect them they are also asjournalists because world and informing their infonning the own societies. Butwhatto do about imPunitY? ls impunity the resultof the weaknessofthe state,its ineffectiveness, or of the lack of professionalism,a weak instifution, lack of resources,or negligenceas well? Or is impunity the result of an official poliry? And this is what has to be decidedby You,the Filipino population. Afewyears when I wasin the GuatemalanCabinet.we cameto the that conclusion ourjusticesystem was so weak, and organizedcrime and clandestinearmies so powerful that we would needhelp to strengthenthejustice Therewas a furious battle against system. joutnalism*ri;l

the conservativesectorsthat believed that we were giving sovereignryaway. Andbasicallywe drafted a proposalto establishan interrrational commission againstimpunity in Guatemala,whose acronym in Spanishis CICIG: Comission Intenacional Contra la Impunidad en Guatemala(International Commission Against Impunity in Guatemaia)' CICIG came to be an interesting instrument. It still is very controversial asthere are many people eritical of CICIG.But CICIG,for me, is interesting becauseit gaveus severalthings. The most important is that we have had severalattempts to build an alternative, which were declaredunconstitutional before, becausewe were trying to find an international body that could prosecute.And the constitutional courls, kept on sayingno' rightfully so, I believe, prosecution is the responsibility solely of tl:restate and no one else'And au prosecutionshave to go to the Attorney General'soffice. Sowhen we designed the mandate of CICIG, we designedit with a different focus.We dont need needabodyto a prosecutingbody.We investigate. in What fails in the criminal cases our The first to arrive country is investigation. at the sceneof a crime like arson arethe firemen,who areloved dearlYbYthe community,but havehad no experience

in investigation so they contaminate the of scene the crime.Then the policemen, who will gather the evidenceand take it away*and who knows what theY do with it. And then eomes&e staffo{ officeand the the Attorney General's prosecutors, seewhat they can gather. to But it was such a messwith forensic that we have and technicalevidence createdan interestinginstitution, the INSF-Instituto Nacional de Siencias (Nationallnsfitute of Forensics Forenses We Sciences). have createdone official stateinstitution just to handleforensic evidence.So noweveryone within thejustice systemhas to hand over all evidenceto the INSF, and they are the onesthat do autopsies,ballistics, fingerprints, DNA-the INSF is the one single instizution. But still today, it's very slow because it's an institution that's just beginning to operate.So the investigation was the weakestpart, that's what we decidedto confront. So CICIG is an international Ithas three commissionto investigate. characteristics:it is an international bythe United commissionsponsored Nations (UN), and the head of it is appointed by the secretarygeneralofthe UN and much of its sta.ffchosenfrom amonginternationalexPerts' And the funding was all international. The UN created a

You need the state to be able and brave enough because

there is an element of humility here.,.. lf you negotiate for this type of support from the UN' it is becauseyou are willing to recognizethat your iustice
system has failed.And that has a political cost
. '-rluntaryfund where different nations ,:oundthe world couldput their money procedureslaw. You can actually be a co-assistantto the prosecution ifyou are So the idea wasthat CICIG has a narrow focus only in thesenetworks of clandestine structures, not in every individuat little casebecausethat would CICIG be too much.And secondly, has a mandatenot only to help the prosecutionbut alsoto draft a repoft to the presidentand to the Sec.General of the UN, to map out how these groupsoperate,and wherethey operate and how they get funded, how they laundertheir money; anclthen propose to suggestions the stateof Guatemala on how to dismantle theseclandestine structures.So it's clearly a very welldefinedmandate. You needthe stateto be able there is and brave enoughbeeause an elementof humility here. If you negotiatefor this tlpe ofsupport from you are willing to the UN, it is because recognize that yourjustice systemhas failed.And that has a political cost. So CICIG was createdas an international commissionunder the auspices and with funding from the UN and the appointment of the Commissionerand Chiefby the UN General.But they createdthis Secretary sort of limbo which I think has harmed now the strength ofCICIG, because talking about who controls everyone's CICIG.So if everthere is to be a CICIG else,I in the Philippinesor an1'where
inr rrnelicm

:: fund CICIG.Sowe wouldneverreceive a victim. or a human rights institution. We endedup having an interesting ::oney directly from any government, -ut it did haveenoughfunding through commissionthat is independent,with international funding, fJratdoesn't fail in -.risvoluntaryfund of the UN. Now, jrat rvasimportant because the trap of domestic politics oreconomic that madeit -:dependent. This was an international interest,but is a national eommission investigationswithin thejustice systemwith a mandate criminal and it can actuallyhelp the to investigate, Attorney General's officein prosecuting cases. Perfect.It hasa very narrow mandate:the mandatewas not for any case, only for the future, and did not includethe past-although we havehad a horrible past-we havehad genocide But in Guatemala. we werevery clear that with this new body we can continue stmggling for justice in the past,but we were not going to createa new body to first of all, we look into the pastbecause cannot be retroactive, according to the we Constitution,but secondly, would get rejectedby Congress because there are who havea too many peoplein Congress dark past.So let's look to the future, we said. So number one,CICIG only looks at presentevents, and secondly, only at criminal activitiesrelatedto clandestine armedgroupsor thosegroupsthat operatewithin the state,suchas a gang extorting money and kidnapping people that turns out to be a gangof policemen.

l11;::1y"g -:-iour country,

Number two, when it was ratified it :r the Congress alsobecamea t}is is a human :ational body. Because ights agreement,and according to rur Constitution, all human rigJrts :greements are Constitutional law-so its :atification constituteda human rights :greementratified bythe Congress. The Commissionbecame national a - ommissionat the Constitutionalleveltqual to the BankingCommissionor :he Superintendent ofTax Services.And :hat was interesting.lt can alsohavefull porvers and full mandateto investigate. And third, but this is a limitation, rt irill not prosecutebecausethat is rhe responsibiliry cnly af the Attorney C,eneral, itwill gather the evidence but rcr the prosecutionandhand it overto :he Attorney General'soifice, and we're ;king the Attorney Generalto establish .-: prosecutor,with whom CICIG -i special rrill permanentlywork, and will be :n adjunct prosecutor in our crimin*l

A + ff

believethatit should be an international commission of three, outof rdrich it would be great if the tvvoof them are women, I think that would make it more effective;and secondly,it should be a full trody of the UN, like anypeacemission or any office of the High Commission on Human Rights. Being an official body many problems. under the UN resolves This isjust to showyou how one countrytried to addressimpunity. But this canbe an interesting model around the world. I.et me end by saying,as lIN Rapporteur on freedom of expression, that in the world, drrough my amazement, when I camein as rappo*eur, I thoughtthat this was going to be, like number one,a big consensus around the world-who's going to be And againstfreedom of expression? that it was going to be an easytask. Little did I knowthis was one of the more controversial issuesaround the world. From the protectionof religion and cultures through criminal lawdefamation of religion or of blasphemyin Europeas a crime-in other parts of the world. it hasbecomevery controversial. And there is an advancein levels of criminalization-in somecases, the excessive of defamationlaw, of use criminal libel, and other issues-which has led me to call on the woild that JOrrmaIsmtqr;l

we have to organize a campaign to decriminalizefreedom of expression. Let everyonespeakfreely with few exceptions. I do trelieve some things have to be criminalized like child pornographyor incitement to hatred, racism, or terrorism, and incitement to organized crime. But those are the very few exceptions. But in general,there has to be a decriminalization of {ree speech, especially the Intemet. One of the on phenomenathat is happening is old legislation, not new, is treing applied in a harsher way to &e Internet trecausethe government and the politicians are more scared.And I always say that defamation for public officials should not exist. Everypublic official takes public officekn<rwing fulIwellthat if itis a democratic society, public office comes with public scnrtiny. And public scrutiny goeshand in hand with public criticism. So when you take public office, you have to agreeto that. Those are the ruIes cfthe game.You have to be open and transparent and you have to be criticized and you haveto havethe patienceto listen.And I'm finding more and more that it's not the case. And the secondissueis the violence againstjournalists. I am amazedat how violenceis growing. In my report to the general assemblyin October,

I mentioned the six countrieswith the most number of violent incidents againstjournalists. Philippines, first; Maxico,fifth in theworld andfirstinthe Americas. journalists hasto Violenceagainst end. Journalism, information, and access in to information are crucialelements and a democracy, if we are to build a democraticworld to build a culture of peace,I thinkwe haveto exert all our {iee expression effortsto decriminalize on one hand, and to alsohaveall states dischargetheir responsibility to protect the freedomofthe press.I Frank La Rueis the W Special Rapporteur on the promotion and. p r ote ction of the right t ofreedom Special ofopinion and expression. Rapporteur is a title giuento indiuiduals wha bear a specific mandatefram the W Human RightsCouncilto inuestigate, monitor and recommend human rightsproblnt. solutronsto His specificmandate ts to promote and protect the ight tofreedom of opinion and.exprexion, ircIuding the right to seek, recetueandimpart information. This pieceis excerpted.from hts at keynote speech the Nou.zg Manila Conferenceon PressFreedom and Impunity.

46

Singapore

has noted the difficult situation journalists are facing in this country. I Thailand

Brfish author lifesentence 0els dcath hr criticizing lenalu insinga[0]e

Et I' IVE MONTHS after his arrest. was British authorAlan Shadrake to sentenced six weeks imprisonment dollars and fined 2o,ooo Singaporean (approximatelyUS$15,269.5) for contempt,international news agencies reported. Shadrake,7b, was convicted on Nov. the 3. 2o1o for "scandalizing court" rr-henhe criticized the government for the death penaltybeing implementedin the country. In his book "Oncea Jolly Hangman: SingaporeJustice in the Dock". Shadrakeinterviewed former executioner Darsham Singh as well as larryers and human rights activists. The NewYork-based Committee to Protect Journalists reported that while local officials often charge those critical of the government with contempt, six weeks of imprisonment against Shadrakeis the longest sentencethe Singaporean court has imposed. The police arrested Shadrakeon July 18,zoro while he was promoting his book. He was releasedfrom police custody the next day after posting dollars bail of ro,ooo Singaporean (approximatelyUS$Z,g+6.26). Aside from contempt, Shadrake is also being charged with criminal defamation,accordingto a Bloomberg report. He mayface an additional two imprisonment if found Suilty. 1-ears' Singaporeranked r36s in Reporters \r-ithout Borders'2o1o PressFreedom from r33d in zoo9. The group trndex

In 2o1o. RSFconsideredThailand a country under surveillance in its annual report "Enemiesofthe Internet".

mayface Ihaieditor S2years'im[isonment

I A fttt V Y againsta Thai editor, she may face a total ofat least 8z yearsof imprisonment for defaming the royal family supposedlyto incite public unrest, according to Reporters without Borders(RSF). On Sept. 24,2oro, independent news site Prcchctci editor Chiranuch was arrestedin response Premchaipoen to a 2oo8 complaintfor allowingweb comments with lesemajest| content to proliferate in the website. Ldse majestt is an offenseviolating the dignity of a ruler. She posted bail the same day. If convicted, Chiranuch may face 3z years' imprisonment. This is asidefrom the nine countsof violations in zoog for the same offense,which may lead to another 5o yearsin prison. Chiranuch's is not the first case of Internet censorship in Thailand. Others have been arrested for posting and/or havingldse majestd content on websites. Suwicha Thakor, a blogger, was arrested in April zoog and sentenced 10 years' to imprisonment. Another blogger, Nat Sattayapornpisut,was arrested in October zoog while political science professor Giles Ji Ungpakorn, was charged in January 2oo9. A similar complaint was also filed against BBC SoutheastAsia correspondent Jonathan Head in Decemberzoo8. A new complaint filed

Gasuanie$ anong lounalists inlhaiuotGst

The media incidentally becamethe target when the military dispersed protesterswho had encampedin Bangkok, Thailand from March to May
2010.

A journalist was killed while six otherswere injured last May zoro while covering anti-government protests in an attempt to force Thai Prime Minister Abhisit Vejjajiva out of office. They were among more than t,ooo casualties reported as violence escalatedin the businessdistrict of Thailand. Italian freelance photojournalist Fabio Polenghi was shot dead while coveringthe standofflast May 19. Other members of the media who were injured included freelancer for Dutch national TV Michael Maas, British daily newspaper The Independent reporter Andrew Buncombe, Canadian freelance writer and photographer ChandlerVandergrift, who were ail hurt also on May 19.CanadianFrancez4 reporter Nelson Rand, Thai newspaper Matichon reporter Subin Namchan, and Thai Voice TV cameraman SupawatWanchantha were previously wounded during the May 14 clash between the pro and anti-government groups despite attempts at a peaceful resolution. Protesters also attacked the government television station Channel3 and set ablazeat least 10 news vehicles. Several employees
journalismasia

47

Singapore

has noted the difficult situation journalists are facing in this country. I Thailand

Brfish author lifesentence 0els dcath hr criticizing lenalu insinga[0]e

Et I' IVE MONTHS after his arrest. was British authorAlan Shadrake to sentenced six weeks imprisonment dollars and fined 2o,ooo Singaporean (approximatelyUS$15,269.5) for contempt,international news agencies reported. Shadrake,7b, was convicted on Nov. the 3. 2o1o for "scandalizing court" rr-henhe criticized the government for the death penaltybeing implementedin the country. In his book "Oncea Jolly Hangman: SingaporeJustice in the Dock". Shadrakeinterviewed former executioner Darsham Singh as well as larryers and human rights activists. The NewYork-based Committee to Protect Journalists reported that while local officials often charge those critical of the government with contempt, six weeks of imprisonment against Shadrakeis the longest sentencethe Singaporean court has imposed. The police arrested Shadrakeon July 18,zoro while he was promoting his book. He was releasedfrom police custody the next day after posting dollars bail of ro,ooo Singaporean (approximatelyUS$Z,g+6.26). Aside from contempt, Shadrake is also being charged with criminal defamation,accordingto a Bloomberg report. He mayface an additional two imprisonment if found Suilty. 1-ears' Singaporeranked r36s in Reporters \r-ithout Borders'2o1o PressFreedom from r33d in zoo9. The group trndex

In 2o1o. RSFconsideredThailand a country under surveillance in its annual report "Enemiesofthe Internet".

mayface Ihaieditor S2years'im[isonment

I A fttt V Y againsta Thai editor, she may face a total ofat least 8z yearsof imprisonment for defaming the royal family supposedlyto incite public unrest, according to Reporters without Borders(RSF). On Sept. 24,2oro, independent news site Prcchctci editor Chiranuch was arrestedin response Premchaipoen to a 2oo8 complaintfor allowingweb comments with lesemajest| content to proliferate in the website. Ldse majestt is an offenseviolating the dignity of a ruler. She posted bail the same day. If convicted, Chiranuch may face 3z years' imprisonment. This is asidefrom the nine countsof violations in zoog for the same offense,which may lead to another 5o yearsin prison. Chiranuch's is not the first case of Internet censorship in Thailand. Others have been arrested for posting and/or havingldse majestd content on websites. Suwicha Thakor, a blogger, was arrested in April zoog and sentenced 10 years' to imprisonment. Another blogger, Nat Sattayapornpisut,was arrested in October zoog while political science professor Giles Ji Ungpakorn, was charged in January 2oo9. A similar complaint was also filed against BBC SoutheastAsia correspondent Jonathan Head in Decemberzoo8. A new complaint filed

Gasuanie$ anong lounalists inlhaiuotGst

The media incidentally becamethe target when the military dispersed protesterswho had encampedin Bangkok, Thailand from March to May
2010.

A journalist was killed while six otherswere injured last May zoro while covering anti-government protests in an attempt to force Thai Prime Minister Abhisit Vejjajiva out of office. They were among more than t,ooo casualties reported as violence escalatedin the businessdistrict of Thailand. Italian freelance photojournalist Fabio Polenghi was shot dead while coveringthe standofflast May 19. Other members of the media who were injured included freelancer for Dutch national TV Michael Maas, British daily newspaper The Independent reporter Andrew Buncombe, Canadian freelance writer and photographer ChandlerVandergrift, who were ail hurt also on May 19.CanadianFrancez4 reporter Nelson Rand, Thai newspaper Matichon reporter Subin Namchan, and Thai Voice TV cameraman SupawatWanchantha were previously wounded during the May 14 clash between the pro and anti-government groups despite attempts at a peaceful resolution. Protesters also attacked the government television station Channel3 and set ablazeat least 10 news vehicles. Several employees
journalismasia

47

Suu Kyi, accordingto a Southeast Asian PressAilance 2o1o report. Norway-basedmedia organization Democratic Voice of Burmc has had six journalists detained and convicted for various reasons. In zoro alone, Ngwe Soe Lin was sentencedto 13 years of imprisonment for illegally working for foreign media organizations,a supposedviolation of the Electronics Act. His conviction followed the imposition of a z7 years sentence on Hla Hla Win. A Burmesecourt on April 28, zoto upheld the earlier conviction handed down on Dec. 3t, 2OO9. PhotographerMaung Zeya and his son on April 17,2o1o were arrested for taking pictures of bomb explosion damagein the central province of Magway. ReportersWithout Borders (RSF) has tagged Burma one of the ten countrieswherejournalists are at risk. Its zoro PressFreedom Index ranked the country r74th olrt of r78 countries. RSF also tagged Burma as among the world's "Internet Enemies". I Indonesia

Muhammad Syaifullah,Borneo bureau dief of Indone$a'sb)ggest newspaperKompas, was found dead on July 26, zoto at his home in East Kalimantan province.A recently releasedautopsy report indicated that Syaifullah died of brain hemorrhage causedby diabetesand hypertension. in Colleagues the media, however, have cast doubts on the causeof his death as Syaifullah'sarticles mostly focusedon environmental issues,specificallyon the provincial government'sreleaseof coal mining permits and the effect of coal mining on the region. His critical reporting made him many enemiesover the years,the Committee to Protect Journalists (CPJ) reported. Aside from Syaifullah, other Indonesianjournalists have been threatenedfor covering environmental issues.In Aceh province, Harian Aceh reporter Ahmadi went into hiding after being threatenedand beaten on June 5, zoro by an army officer over a report on illegal logging. International pressfreedom groups such as the International Freedomof ExpressionExchange, ReportersWithout Borders, and CPJ as well as the localjournalist group Alliance of IndependentJournalists have alreadyexpressedthe need for a full and independentinvestigation on the death of Syaifullah.

Bangladesh

mlGatGncd Ph0t0i0unali$ is ilown exhibit shut after

N LINIDENTIFIED man A .lf,threatened Bangladeshi photojournalist ShahidulAlam on March 26, zoro after he appealedthe shutting down of his photo exhibit in Dhaka,the capital ofBangladesh,on March zz, 2o1o. His exhibit was about to be launchedwhen police closedthe gallery, which causedthe public to protest. Shahidul's exhibit "Crossfire" at the Drik Picture Library displayed allegorical photos on extrajudicial killings attributed to the Rapid Action Battalion (RAB), an armed compositeof the Bangladeshipolice, army, naly and air force.Accordingto reports,the man told Shahidulthat he "would meet his death on the streets,by bullets." Shahidul'sexhibit reopenedto the public soon after Drik Picture Library's lawyers filed a complaint before the Court. According to the Reporters at Without Bordersdatabase, leastfour journalists havebeentortured by RAB is memberssincezoo7. Bangladesh tz6s out of r78 countriesin the zoro RSFpressfreedomindex. I Vietnam

Enrironment ilcad iounali$ inIndoncsia

journalist A N INDONESIAN -lacovering environment storieswas found deadin his home. While police reports indicated a medical condition asthe causeofdeath, colleagues from the media have raised doubts about the impartiality of the investigation.

hacted; Political m[$itGs afiGstod iloggels

the Feb.25.2oLr pruOnrg I enactmentofadecreeseeking to regulatethe onlinejournalism community, which includes fines up to
jorrrnalismasia

49

4o million dong (approximately US$ Vietnam z,ooo) for various offences, was already cracking down on the Internet community. BetweenJanuary and February 2o1o, two politically-oriented websites, BIogosin (http ://www.blogosin.org, B Housekeeper) and, auxite Vietnam (htrp ://www.bauxitevietnam.info), were hacked,accordingto reports ofThe Pressand AgenceFranceAssociated Presse.Bauxite Vietnsmwas a website to established protest a China-led bauxite mining project in Vietnam. Through a distributed denialof-service (DDoS) attack, the two by websitescrashed.DDoSis a process which attackers or hackers coordinate hundredsto thousandsofcomputers to send data from a single website, choking up the Internet connection to the particular site. Experts at Googleand comPuter security company McAfee, as well as reported independentreseatchers, that malware disabled severalwebsites through DDoS,particularly those of dissidents. McAfee chief technolory officer GeorgeKurtz wrote in his blog in March zoro that perpetrators of the DDoSattacksmayhave political motivations and probable allegiance to the government of the government of Vietnam. However, authorities have repeatedly denied the allegations. Dissidentbloggersand online journalists were also arrested on the grounds of publishing information detrimental to national security or as categorized obscene. With a total of 16 imprisoned bloggers and online writers, Vietnam

is only secondto China (which has Tbloggers in prison) accordingto the ReportersWithout Borders(RSF) database the world's biggestprisons on for bloggersand online journalists. Threejournalists are alsoinjail in Vietnam, namely; Tran Khai Thanh Thuy, Truong Minh Duc and Nguyen Van Ly. Vietnam is r65ft out of r78 countriesin the zoro RSFpressfreedom index. RSFalso includesVietnam in its globallist of "Enemiesof the Internet". r China

reception started to fail and eventually went completelyoffair. This is not the first time that the Chinesegovernment has used a news blackout.In 2oo9, the governmentalso censorednews ofa graft probe against two Namibians and a Chinesefor alleged bribery involving a company headedby PresidentHu Jintao's son, Hu Haifeng. In 2oo9, China ranked r68ft in the RSFPressFreedomIndex. RSFsaid the continuousimprisonment of journalists and activists,Internet censorshipand "nepotism amongthe central and provincial authorities" contributed to this ranking. r Neoal

Dloct autnolitiG$ nGw$ GninGsG Pfice Peace ollloDel

detainedhuman rights f A fHENA Y Y activist won the Nobel Prizefor 2o1o, Chineseauthoritieswere reported to have blocked news ofthe award, according to Reporters without Borders (RSF), the International Federation of Journalists, and the Committee to Protect Journalists. On Oct. 8, the NorwegianNobel Foundation announced that the Nobel PeacePrize would be awarded to Liu Xaobo, a human rights activist serving 11yearsin prison for subversionfor 'o8, being the lead author of Charter which calls for multi-party elections in China. CNN, on the same day of the reportedthat Liu's announcement, name or Nobel Prize for that matter can no longerbe found in searchenginesin China. Meanwhile, the Neu York Times gavethe account ofa correspondent for the Canadian The Globe and MaiI in China.In the middle of a BBCreport on Liu winning the award, television

in ilG[al 0wnel$taruGtGd Itedia

havebeen l\ /TEDIAowNERS and killed in Nepal, IYltargeted where solving press murders are most unlikely to be achieved. Three owners of media organizations were killed in Nepal in zoro. The Committee to Protect Journalists noted the continuing existence of impunity in the country despitethe Maoists' participation in government,and the prime minister's promise to reversethe culture of impunity in human rights abuses. Midwestern Dang Valey-based Radio Tulsipur FM station owner, Devi Prasad Dhital, on July zz died from three gunshot wounds in the chest when at least four men attacked him as he was riding his motorbike in the south-western town of Tulsipur. The publisher of the daily newspaper Janakpur Today Arun Singhaniya on

March t, 2o1o was shot at his housein southern Dhanusa district. Singhaniya also chairs the radio network Radio Today. The head of NepaleseSpaceTime Network, Jamim Shah, died during treatrnent after two men riding in

tandem on a motorcycle shot him as he was driving in Lazimpat district in the capital city of Kathmandu. The British Broadcasting Corporation also noted in its one ofits report that Shah practically had a monopoly over the distribution of foreign channels in his network.

Numerous journalists have experiencedthreats in Nepal from members of different sectors in Nepal. The country ranked rrgs out of r78 countries in the zoro Reporters Without Borders PressFreedom Index. r

journalismasia

51

PROTECTpressfreedom j SUPPORTresponsibleournalism

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