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Media Watch News Letter#36
Preface
After the lapse of six years from the initiation of new political process in the
country which allowed freedom of speech and independent media to emerge
and flourish, censorship and acts of violence once again expose themselves
behind slogans of democracy and rule of law.
Violence against journalists and independent media has turned into everyday
routine and as yet, no authority has taken any significant step to discipline
the perpetrators probably because, as rumors suggest, most of the
perpetrators and violators are government authorities.
War and lack of security are two other challenges hindering media practice
in the country. Despite enactment of laws supporting media and media
practitioners, especially the journalists, media and journalists are unable to
pursue their profession with peace of mind. Laws have always existed in
Afghanistan, but implementation of those laws has been the real challenge.
Many countries enforce and apply laws with equality and with no
exceptions, but in Afghanistan, implementation of law is tied to the taste of
individuals and only those articles of law are implemented that are
consistent with the desires of the holders of power.
Sometimes, the highest authorities in the government are either involved in
violating provisions of law or they are the ones who attempt to force media
to adopt censorship. Recent moves by the Ministry of Information and
Culture to influence programming on television is an example.
The only ray of hope is the ongoing progress in establishing radio stations
around the country hinting that people are eager for what such community
radio stations can offer.
Therefore, appropriate use of such radio stations will play a significant role
in enlightening public opinion and creating a civil society.
In a country with low levels of literacy, the presence of electronic audiovisual
media can be the best way to build capacity and extend information
sharing.
Afghanistan is a post-war country so it is important for entertainment
programs but more important is programming which deal with issues like
democracy, human rights, and ways to prevent violence against women and
children and other social problems in order to achieve greater objectives.
In the meantime, the threat to media in Afghanistan has reached a climax
requiring immediate attention or else future prospects of media development
are dismal.
Media Watch 36
This issue of Media Watch covers the following incidents:
Content
1 Media Watch monthly analyze
(By Abdul Mujeeb Khelwatgar)
2 Short News and Media Development
3 Violence instead of Journalists
4 Threats instead of Journalists
5 Analysis of the provisions of the Media
Law in Afghanistan (by Sediqullah)
Tawhidi)
Analysis of the month
By Mujeeb Khalvatgar
Nai Executive Director
Monthly Analysis
Safety for Media workers is becoming a burning question.
In post conflict countries such as Afghanistan, working in all fields is very difficult
and safety skills training are vital for all.
In general, working in the media is very hard from many aspects such as striving for
accuracy, balance, impartiality, fact finding and etc.., but safety is top of the list.
Who is responsible for journalists’ safety?
In Afghanistan, the answer is as follow:
1. In accordance with Afghanistan Constitution, the Government is responsible
for providing a safe life for all Afghan citizens,
2. In accordance with Afghanistan Media Law, the Government is responsible
for providing a safe work environment for all media field workers.
On June 8th 2008 the media community was shocked by the news of the murder of
Abdul Sammad Rohaani, a BBC reporter in Helmand, a southern province of
Afghanistan by an unidentified gunman.
There are various reports on the incident.
On the light of our opening paragraphs, in accordance with laws in the country, the
Government of Afghanistan is responsible for Rohaani’s life and is responsible for
uncovering his murderer
No one has been arrested for the crime, and National and International media and
human rights organizations are asking the Afghanistan government to follow up the
incident and arrest the person or people who killed Mr. Rohaani.
The media community has concerns regarding the safety of their workers and these
security concerns may impact on the quality of work and ultimately freedom of
speech and media.
Mujeeb Khalvatgar
The Government of Afghanistan must assure the media community of its support by
pursuing Rohaani’s killers.
.
As well, media organizations are urged to raise their employees’ awareness of their
own security and provide them with necessary security skills awareness training.
News in brief:
Men accused of murdering Shekeba Saanga Aamaj, presenter of
Shamshad TV, were acquitted
Engineer Mohammad Rabi Aamaj, father of Miss
Sanga Aamaj, and Aarash, employee of Shamshad
TV, who were sentenced to 10 years and 6 months
imprisonment respectively by Primary Court of
Kabul’s district 3 around 4 months ago were
acquitted and released by Kabul Appeals Court in
the middle of May of the current year.
In a special interview with the Media Watch, Judge Abdul Shokoor
Akhonzada, head of Criminal Division of Kabul Appeals Court explained
the assessments made on the facts and location of the house and on the basis
of which Engineer Abdul Rabi Aamaj, father of Miss Sanga Aamaj was
acquitted. He said: “it is possible that attacker might have entered her room
from outside the house and killed her and also, the bullet used to kill Miss
Sanga did not match with the pistol discovered by police during
investigation. Meanwhile, papers of the case indicate that Mr. Aamaaj is
innocent and thus, was ordered to be released.”
Afghan Journalist Mohaqqeq Nasab released from Iranian Prison
Mr. Mohaqqeq Nasab, who spent 86 days in
the prison of the Ministry of Information of
Iran, was released on May, 29 of the current
year.
According to Nasab’s wife, Sahar Mohaqqeq
Nasab, her husband is still not able to leave
Iran now and remains under surveillance.
Speaking to the Media Watch, Mrs. Mohaqqeq Nasab said that her husband
was released on bail with the help of some of their friends in Iran.
The Ministry of Foreign Affairs of Afghanistan has confirmed release of
Mohaqqeq Nasab and has said that based on requests of his family, the
Ministry twice sent letters to the Government of the Islamic Republic of
Iran.
Mr. Sultan Ahmad Baheen, spokesperson of the Foreign Ministry of
Afghanistan, told Media Watch, said that the Ministry had discussed the
issue with Iranian Ambassador to Afghanistan in Kabul.
He also said that they were making efforts to resolve Mr. Mohaqqeq Nasab’s
issue.
The Media Watch is delighted about release of Mr. Mohaqqeq Nasab and
requests the Afghan Government in general and Ministry of Foreign Affairs
in particular to first resolve the whole issue and then ask Islamic Republic of
Iran to provide clarification about Mr. Nasab’s detention and if necessary,
seek compensation and restoration of dignity for Mr. Mohaqqeq Nasab.
More details on this subject will be furnished in the upcoming issue of the
Media Watch.
Violence instead of Journalists:
Acting President of RTA in HeratReports assault by Governor
The Acting President of National TV in Herat,
Mr. Farhad Joya was beaten by the Governor of
the Province, Sayyed Hussain Anwari, on May
11.
Spokesperson for the Herat Governor, Farzana
Ahmadi confirmed the assault. She said that it
is was a misunderstanding. “Such an incident took place because Farhad
Joya does not have any official duty in the National TV”.
Mr Joya said the assault followed a dispute with the Governor over his
appointment as Acting President. Mr. Joya said that the Governor opposed
the decision made by National TV’s president and said that during his
absence, no one can serve as acting president. Mr Joya said he was called to
the Governor’s office and without any questions he was assaulted.
However the Governor’s spokesperson said “Ulama Council and the
Governor decided that since Mr. Ershad, broadcasting manager for Herat
RTA, is an official employee of this organization, he should be the person to
serve as acting president, but Mr. Joya opposed the decision.”
Mr. Farhad Joya said his appointment was ordered by the Head of the
Department of Information and Culture of Herat. He claims he is still under
surveillance by security officers of Herat which is why he cannot go to his
work.
He also alleges he’s been shot at from a passing car and threatened via
phone calls not to continue discussing the Governor’s assault with the
media.
While the Governor’s Spokesperson has confirmed the assault, the Head of
Herat Governor’s office, Alhaj Nesaar Ahmad Faqiryar told Media Watch
that Mr. Joya’s claims are baseless.
The Deputy Minister of Information and Culture in Publications Affairs,
Deen Mohammad Raashedi condemned Governor’s action and said: “we
will follow up the issue, but details of the incident might not be the way it
has been portrayed. Overall, we condemn all inappropriate treatment of
journalists. We have contacted the authorities there and through written and
verbal statements, we have severely condemned such actions.”
The Media Watch condemns the assault on Mr. Joya and requests the
government to take action to ensure security for journalists.
Violent treatment by high ranking government officials speaks of a bitter
reality in the country where, after a lapse of six years, the culture of
intolerance is still dominant. Media Watch believes that these undesired
incidents stem from an unwillingness of government officials to implement
the law. This is in parallel with the exercise of personal prejudice by those
in power thus shaping a serious challenge for media and information
circles.
Nilofar Habibi RTA presenter in Herat claims assault by unknown
attackers
In another incident in Herat Province,
National TV presenter Miss Nilofar Habibi
has said she was stalked by two men and a
woman for two days and then attacked .
She said that she believes that those who
followed her were also her attackers,
threatening her with death if she continued her work in the media. She
alleges she was attacked once in the street and once in her home.
The spokeswoman for the Governor of Herat, Farzana Ahmadi told Media
Watch that the issue of Nilofar Habibi is probably a family matter, but in any
case, Herat security forces have taken the issue seriously and they have
started their investigation.”
Miss Ahmadi did not provide any details about results of their assessment
so far.
In the Media Watch’s view,Media Watch urges those in authority to take
action to value the lives of life security of journalists. Because violent acts
against journalists and media are considered as barriers for freedom of
speech and media.
Therefore, it urges all responsible organizations to act in accordance with
provisions of law and fulfill their duties accordingly.
Threats instead of Journalists:
Claims of torture: Sayyed Parvez Kambakhsh appeal further delayed.
Defense Lawyer for Sayyed Parvez Kambakhsh,
Mohammad Afzal Nooristani sought a
postponement of June,1 the appeal hearing
against his death sentence, claiming that during
interrogation his client was beaten and tortured
by Balkh National Security Directorate
officers.He said Kambakhsh had suffered a
fracture to his nose and damage to his left wrist,
and asked for a delay to enable his client to undergo forensic medical
examination.
Chief Judge of Kabul Appeals Court Alhaj Abdul Salam Qazi Zada, agreed
to the request, postponing the hearing until results of forensic tests become
available.,
Sayyed Parwez Kambakhsh, a journalist for Jahaane Naw newspaper and
student at the Journalism Faculty in Balkh University, has been in custody
since October 27, 2007 , accused of distributing a blasphemous article. He
was sentenced to death by Balkh Primary Court.
This is the second delay to the appeal hearing - the first was granted due to
Kambakhsh’ ill health. He was also provided with a defence lawyer at the
same hearing.
During this second request for a postponement, Parwez Kambakhsh
emphasized his belief in Islam and said that he was forced to state that part
of the anti-Islamic article was written by him. Kambakhsh criticized the way
his trial was carried out in Balkh and said that he was given only three
minutes to defend himself.
“Justice delayed is justice denied” as a principle of justice is one that Media
Watch hopes will be observed. Media Watch is pleased to see Kambakhsh
now has access to legal representation.
Journalist unions and institutions defending journalists’ rights, including
Reporters without Borders, have asked the Afghan Government to take
steps to release Kambakhsh, but these requests have been ignored.
Faizi Zadran, a National TV presenter, suspended from duty
Faizi Zadran, presenter with National Television
was ejected from the National Radio and
Television studios as he prepared to present the
evening news on May,7. Security personnel
expelled him from the National Radio and
Television Office apparently on the orders of
Abdul Karim Khurram, Minister of Information
and Culture, according to Mr. Zadran and Sayyed Ali Asghar Akbarzada,
Head of the broadcasting unit of RTA
Mr. Zadran added, “there is no other reason except hostility of the Minister
of Information and Culture with private media, especially Tolo TV, because
one day earlier, I had participated in a critical discussion program in Tolo
TV”.
The Minister of Information and Culture, Abdul Karim Khurram, denied
during a press conference dismissing Mr. Zadran and said: “no one has been
dismissed and if there are any changes in the structure of the National
Television, it is aimed to make TV programs better.”
Concerning reforms introduced by the Minister of Information and Culture,
Mr. Zadran said: “what mentioned by Mr. Khurram as to be reforms, are not
reforms because reforms do not occur by use of armed personnel on a single
person at 7:20 evening . These are not reforms, these are rather power
reforms. From the other hand, I have been working as a presenter since 1993
and I have been working as director of presenters unit of this television for
around two years. In addition, I was appointed by his own signature to be
member of a commission to select presenters on the basis of merit.”
Speaking to the Media Watch about this issue, Sayyed Ali Asghar
Akbarzada head of RTA broad casting said: “Mr. Faizi Zadran is officially
an employee of the National Television, but has been banned from serving
as presenter in Television.”
Mr. Ali Aghar Akbarzada beside confirming that Mr. Zadran was escorted
by security armed people to be gone from News Studios which was very
respectful escorted, believes that suspension of an employee of the National
Television is his jurisdiction and he considers intervention of the Minister
and head of National Television against the law.
He added that during his 20 years service period, he never surrendered to use
of force and inappropriate interventions, and if such interventions continue,
he will protest against it through media.
Fahim Dashti, spokesperson of the National Union of Afghanitan’s
Journalists, says: “the action taken by the Ministry of Information and
Culture to suspending Mr. Zadran from duty is indeed an illegal act similar
to the actions of warlords.”
Based on provisions of the applicable laws of the country, National Radio
and Television of Afghanistan, as an independent institution, is responsible
of its departments and the Minister of Information and Culture does not have
the right to directly use his influence on it. Suspension of an employee from
his duty does not come under Minister’s jurisdiction either. Therefore,
suspension of Mr. Zadran from his duty only because he participated in a
critical round table discussion on a private TV station does not have any
legal justification.
It is among basic rights of citizens to exercise the right of freedom of speech
and freedom of thought. Every Afghan is entitled to express his/her opinion.
Therefore, putting such pressure implies suspension of freedom of speech
and suspension of freedom of speech is considered a crime. Unfortunately,
high ranking government officials, despite knowing such irregularities, are
yet to take any action on such violations.
Now is time for journalist organisations, judiciary and department of
surveillance on enforcement of laws to step in and let not censorship and
self-censorship rule media and journalists.
Officials of Tolo and Afghan TV detained at the Attorney General’s
Office
Tolo and Afghan TV representatives claim they were
detained at the Attorney General’s office for eight hours
after being summoned to a meeting there.
This follows referral of their cases by the Ministry of
Information and Culture after the stations refused to
stop broadcasting Indian soap operas.
Tolo TV Legal advisor, Mohammad Abdullah,told Media Watch that
prosecutors were verbally trying to force them to halt the broadcast of soap
operas, but during investigation, the appointed panel was told that the action
taken by the Ministry of Information and Culture was contradictory to the
provisions of law, and hence, till an official ruling is issued, Tolo will
continue to broadcast the mentioned soap operas.
Investigations are still underway in and no official ruling has so far been
produced.
A month ago the Ministry of Information and Culture banned broadcast of
five soap operas on four private TV stations citing this was in line with a
decision made by the Ulama Council.. After the ban, Noreen and Aryana
Television stations complied with the decision, but Tolo and Afghan
Television remained defiant.
Bost FM, a new radio station goes on air in Helmand province
After 15 days of pilot transmission, Bost Radio
started its official transmission on June 4 of the
current year joining a market containing three other
radio stations: two independent and one community
radio station.
Speaking to the Media Watch about its objectives, Station Manager Mr.
Abdul Salam Zaahed said: “the fundamental objective of this radio is to shed
light on problems of Helmand’s oppressed people and since war related
news is always disseminated here, we will make efforts to highlight cultural
issues of the province in the words of its own people.”
According to Mr. Zaahed, 22-thousand US dollars were spent to set up its
technical unit alone.
Aziz Ahmad Tasal, broad casting manager for Bost FM radio, said the
station covers 8 districts in Helmand with plans for expansion.
Mr. Tasal also added that currently, Bost Radio runs a 13 hours daily
transmission which contains news, reports, cultural issues and music, but
most of its program content is educational. Providing details on the number
of its staff and journalists, he said: “there are six professional journalists
working for Bost Radio and they possess sufficient experience in their
profession. We also have reporters in other provinces such as Kabul,
Kandahar, Logar and Uruzgan provinces and this radio is the only
community radio station with its reporters in other provinces.”
Helmand resident, Rahimullah, while excited about the radio station, wanted
an increase in religious content in its programs.
However he praised those who work for the culture of the province.
The Media Watch considers increase in media outlets, particularly audio
media, a significant achievement and believes that the establishment of Bost
Radio in Helmand province is a positive step in the course of freedom of
speech and expansion of culture in the country.
Helmand is a province well-known for being one of the most unsafe
provinces in the country and one cannot hear anything but news of war,
nevertheless, establishment of this radio station portrays the fact that, despite
severe problems, people in this province are trying to introduce their
province as a cultural province as well.
Currently about 20 TV stations, 80 radio stations (state, private, commercial
and community radio stations) and over 400 press media operate in the
country.
Aai Khaanum Radio is another radio station which recently started in
Taaloqan city of Takhar province beside two other community radio
stations.
Proprietor of the Aai Khanum Radio, Ata’ullah Ubaidi told Media Watch,,
that all employees of the radio are women and its policy is evident from its
programs which includes cultural, social, political and news programs.”
Miss Husnia Hamidi, Manager of the radio station, while emphasizing on
what Mr. Ata’ullah Ubaidi said, added: “this radio has a variety of programs
and its transmission starts at 7 in the morning and ends at 11 in the evening.
And we try to make our programs respondent to the taste of people here in
Taaloqaan.”
Residents and listeners, Edrees Nabi Zada and Shuja Mohammad Khurasani,
were happy about its programs. They asked radio authorities to add
educational content in their programming.
Radio is the only tool for collective collaboration in the rural areas because
TV sets are too expensive and print media is not relevant at this time due to
the high rate of illiteracy in the population. Now that individuals and
organizations are attempting to establish such radio stations in those areas,
they ought to consider some fundamental principles:
First, in addition to being responsive to people’s liking and choice, they are
also encouraged to pay attention to presenting educational programs. It is
also their duty to make efforts to enable people become aware of principles
of freedom of speech and democracy.
Second, radio must try replacing a culture of violence with a culture of peace
and help people in resolving local and family related disputes.
Analysis of the Media Law Provisions By:
Siddiqullah Tawhidi Media Watch Manager
Chapter 3
Possession of Address and Other Specifications
Article 11
Print media shall contain name of publication, specific address, and address
of the printing company, name of founder, name of editor and date of
publication.
Analysis:
The legislator made it clear that print media should print their address and
contact details so they are able to be contacted if necessary. Every media is
considered a legal person and every legal entity should have a distinctive
identity.
Lack of address and other contact details can create a great deal of problems,
for instance, a person may want to write a complaint or compliment about an
article published in a publication. In order for them to do so, there must be a
distinctive address through which they can easily send their response to the
publication and the newspaper, after receiving the complaint, should publish
the complaint.
Similar to real persons, legal persons need to fulfill certain obligations. It is
necessary for a publication to print the name of its proprietor or owner or
founder, and the name and other relevant information of its editor. No
publication can operate without having a lawfully appointed proprietor and
editor. If a publication operates while breaching this requirement, its
operation will be regarded as illegal.
Among other requirements a publication must fulfill is date of publication.
The lawmakers have made it clear that a publication must mention the first
date of publication and the current date.
In many instances, clarity about a publication’s background can help in
attracting financial support from donor organizations.
For more information on Media Watch project please contact our team at:
Sediqullah Tawhidi Media Watch Project Manager
tuwhidi@nai.org.af
Cell# +93 (0) 700 279 176
Mohammad Saber Fahim Media Watch reporter
saber.fahim@nai.org.af
Cell# +93 (0) 700-266-72
Zabihullah Noorzaye
Media Watch reporter
zabihullah.noorzaye@nai.org.af
Cell # +93 700 064 034
In case of any legal problem, journalists may contact our legal advisor,
Mohammad Abdullah,
Cell# +93 (0) 797 192 050
m.lawyer@nai.org.af
: ing link please visit the follow , To obtain a soft copy of the report
www.nai.org.af
Note:
1. To maintain confidentiality and to protect sources it was not possible for Nai
Supporting Open Media in Afghanistan to corroborate the incidents by carrying
out additional investigations.
2. Copy right is reserved for Nai Supporting Open Media in Afghanistan,
Address: Darulam main road, Shirkat bus station, street4th, house # 208 district 6th
Kabul – Afghanistan
Cell# +93 (0) 77 440 9923 Email: mujeeb@nai.org.af Website: www.nai.org.af
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