Press freedom deeper in limbo after newspaper seizure in Southern Sudan

When security officials seized up to 2,500 copies of the Juba Post’s March 31 edition, the reason given by authorities was an article reporting that the renegade militia leader Gen. George Athor was planning to attack Juba before Southern Sudan’s independence in July. Whether this intention is carried out or not, a very real concern is the restriction of media freedom.

With a circulation of 5,000 copies, the Juba Post is one of Sudan’s leading English-language news publications, established soon after the signing of the Comprehensive Peace Agreement in 2005 that ended decades of civil war.    The paper’s article, titled "Athor plans to attack Juba" quotes a spokesman for a new rebel army, the South Sudan Democratic Movement (SSDM), Maj. Gen. Dok James Pouk: "Forces loyal to Gen. Athor will launch a heavy attack in Juba shortly before South Sudan hoists her national flag."

Gen. Athor was a leading commander in the Sudan People’s Liberation Army (SPLA) before breaking away a year ago to form a rebel militia against the Government of Southern Sudan (GoSS).

Southern Sudanese security officials had reportedly warned the paper to halt publication of the story. The newspapers were confiscated shortly after they were delivered to Juba from Khartoum, where they are printed.

Listen to Marvis Birungi's 2010 radio report "Liberty FM & Bakhita Radio fight censorship"

A member of the SPLM who did not want to be named said he disagreed with the decision to seize copies of the Juba Post, and that GoSS should have acted by refuting the article instead.

Limits on media freedom have been imposed by GoSS in the past. Last year, the Ministry of Information and Broadcasting admonished Miraya FM, the UN-backed radio station in Juba, for broadcasting an interview with Gen. Athor, which it termed "inciting and divisive." The station was warned to   replace its staff within a week or it would be shut down. GoSS did not follow up on its ultimatum.

Nhial BolIn March, security authorities in Juba arrested the Citizen Daily newspaper’s editor-in-chief, Nhial Bol, following publication of a commentary criticising Southern Sudanese police for inadequate protection of civilians in the semi-autonomous region. He has been detained on numerous occasions, as have other journalists in the region.

The confiscation of the Juba Post newspaper ramps up the pressure on independent media organisations in advance of Southern Sudan’s independence on 9 July.

"We are alarmed that the authorities in Juba are already resorting to censorship," said Tom Rhodes, East Africa Consultant for the Committee to Protect Journalists, an international advocacy group based in New

York. "This does not bode well for press freedom in what will become Africa's newest state. We urge the authorities to respect international norms of freedom of expression and allow the press to do its work without interference."

Read "Radio Miraya arrested" by Akim Mugisa

Mille Andrew, who wrote the Juba Post article about Athor’s plans to attack the city, defended the right to practice his profession without bias. "My interest was to write according to the needs of the public," he said, "to make them aware" of what is happening around them.

Barnaba Marial BenjaminDr. Barnaba Marial Benjamin, GoSS Minister of Information, justified the confiscation of the Juba Post. "The press should enjoy freedom of expression in a responsible and ethical manner," he said. "The paper published an article that was agitating for war."

GoSS Minister for Legal Affairs and Constitutional Development had this warning for anyone violating the law: "Not only will we confiscate the (news)papers, but you will be prosecuted", said John Luk Jok. "You have to abide by the constitution."

But there is currently no legal framework to define and protect the precise function of the media in Southern Sudan.

Samuel MonoAccording to Samuel Mono, a law graduate from Juba University, press freedom is secured in the Interim Constitution of the Republic of Sudan, which still applies to the whole of the country. Sub-section 1 of Article 39 states: "Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety, or public morals as determined by law."

Mono said the newspaper seizure amounts to an abuse of this constitutional right. "From a legal point of view," he said, "GoSS should have sued the Juba Post and the court could have been the right body to give a ruling on the matter."

For a first-hand account see "Arrest, detention & sacking of Bonifacio Taban          - in his own words"

At a recent conference of media practitioners in Juba, veteran journalists reiterated their insistence that GoSS approve the draft media legislation, which, according to the Association for Media Development in Southern Sudan (AMDISS), provides a legal framework supporting freedom of expression and independent media.

Although GoSS Vice President Dr. Riek Machar assured conference participants the bill would be approved, it was withdrawn at the request of President Salva Kiir Mayardit on the grounds of "inconsistencies".

In Khartoum, two opposition newspapers said they were suspending publication to protest blocked distribution by authorities, according to AFP. The bi-weekly Al-Maydan and the daily Ajrass Al-Hurriyah have come under repeated criticism for reporting on sensitive issues.