Vienna — In a 20 August 2001 letter to Zambian President Frederick Chiluba, IPI expressed concern over the decision of the Zambian government to suspend with immediate effect the broadcasting licence of Radio Phoenix.
On the basis of information provided to IPI, on 19 August, the chief spokesperson for the government, Vernon Mwaanga, issued a statement that said the Lusaka-based radio station had been suspended due to its failure to renew the licence under which it operates. The radio station was taken off air following a Sunday morning news broadcast. Commenting on the suspension to Reuters, human rights lawyer Mutembo Nchito said, "they [the government] want to muzzle any critical voice."
In the past, Radio Phoenix has been banned and its staff harassed and intimidated by members of the security forces. On 2 September 1997, the radio station was banned by the minister of information and broadcasting services for relaying live broadcasts of the BBC which were in alleged breach of their broadcasting licence (see IFEX alert of 18 September 1997). Almost three weeks later, on 18 September 1997, a fire, which has never been properly explained, destroyed the premises of Radio Phoenix (see IFEX alert of 23 September 1997). In 1999, the editor of Radio Phoenix, David Kumwenda, was questioned in connection with a broadcast in which Fred M'membe, editor of "The Post" newspaper, accepted full responsibility for a story exposing Zambia's military deficiencies (see IFEX alert of 26 March 1999).
Last year, Radio Phoenix also faced growing political pressure and staff members were physically assaulted. On 17 January 2000, Rachiel Chiumya, a reporter working for the station, together with another journalist, was assaulted by police while covering a demonstration by women's rights protestors (see IFEX alert of 18 January 2000). Seven days later, on 24 January 2000, the radio station announced it was discontinuing a phone-in programme sponsored by a human rights organisation (see IFEX alerts of 2 February and 27 January 2000). Although it was denied by the radio station, many outside commentators felt that the ministry of information and broadcasting services had applied pressure due to the programme's focus on a strike and the subsequent dismissal of doctors in Lusaka and Kitwe. A further assault on a journalist occurred on 25 August 2000 when Henry Chilufya was attacked by members of the ruling Multiparty Democracy (see IFEX alert of 30 August 2000). On 29 December 2000, Queen Kashimbo, a reporter at the station, was banned from attending a state function (see IFEX alert of 4 January 2001).
In the opinion of IPI, the decision to suspend Radio Phoenix with immediate effect is in clear breach of the 1994 Radio Communications Act, which governs the licensing and operation of radio stations. Section 12 (6) of the act states, "A licence or certificate shall not be cancelled, nor shall its renewal be refused without giving the holder thereof a reasonable opportunity to be heard." However, in this case it would appear that the use of the phrase "with immediate effect" by the government spokesperson implies that the proper procedures have not been followed under the act. As a result, IPI believes the government's decision to suspend the radio station was ultra vires.
Furthermore, IPI fears that the decision to suspend the radio station is part of a wider campaign to silence the independent media prior to elections to be held later this year. On 17 August, editor of "The Post", Fred M'membe was arrested and charged with criminal libel over comments made about President Chiluba. He spent eight hours in custody before a magistrate ruled that the arrest and charges were illegal. On 18 August, M'membe's home was once again searched by police but the editor was not there. At present, M'membe's whereabouts are unknown.
RECOMMENDED ACTION:
Send appeals to the president:
- noting that the media play an essential role within a democracy and that attempts to limit their ability to report is in breach of the Universal Declaration of Human Rights, in which, under Article 19, everyone has the right to "seek, receive and impart information and ideas through any media and regardless of frontiers"
- stating that governments and politicians are in a unique position to counter alleged misreporting by appearing before the media to explain their own views on an item of news
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- calling on him to rescind the decision to suspend Radio Phoenix
- asking him to cease the harassment of M'membe
- urging him to uphold Zambia's international and national obligations on press freedom and freedom of expression
APPEALS TO:
H.E. Frederick Chiluba President State House Independence Avenue Lusaka, Zambia Fax: +260 1 221 939
Please copy appeals to the source if possible.
For further information, contact IPI at Spiegelgasse 2, A-1010 Vienna, Austria, tel: +43 1 512 90 11, fax: +43 1 512 90 14, e-mail: Michael Kudlak at mkudlak@freemedia.at, Barbara Trionfi at info@freemedia.at, or David Dadge at ddadge@freemedia.at, Internet site: www.freemedia.at
The information contained in this action alert update is the sole responsibility of IPI. In citing this material for broadcast or publication, please credit IPI.
