Kenya: Attacks Against Journalists Are Unacceptable, Criminal and Cowardly

'Kwani sisi tulikosea nani- how are we expected to do our job and take care of our families? Kwani wakitupiga ndio wanapata promotion? A disgusted journalist told me today when I called her after receiving information that she had been beaten up by security officers in Nairobi while covering Azimio protests.

"I overheard one of the guys standing next to us in Kibra saying they will attack journalists and forcefully take our phones and camera. They take our photos and display them exposing us to the police. I quickly asked my colleagues that we leave that area, for our life is more important than any story" one crime reporter told me.

A lady journalist who had been clobbered by the police in Kericho sobered severally and was unable to narrate her ordeal, only able to wonder what crime she did to warrant such beating. In Migori, they hurled teargas in a room occupied by journalists.

In Embakasi, they attacked five journalists, robbed them off, and beat one leaving him for dead. He has stitches on his head. Several media crews have had their vehicles attacked and damaged badly.

Several journalists narrated how they have become targets of attacks simply because of unearthing corruption, human rights violations, and misuse of public resources, internally from editors or colleagues to extreme cases by members of the public who perceive them to be extensions of the political teams of the media owners.

Photos of bleeding journalists, sobbing colleagues many of them young and committed professionals discharging their duties through difficulties are nauseating. That an armed trained officer could turn into injuring a very innocent person, who could easily be their young brother or sister doing their job for whatever reason is unimaginable, callous, and the most primitive act expected of a person entrusted with protecting Kenyans. A Kenyan, who pretends to be protesting for rule of law turns to hurt an innocent journalist only trying to make ends meet, is primitive and should curse themselves.

We have no room for such uncouth and savage behavior in this century in this country. Decency must prevail and such acts of brutality are not only to be condemned in the strongest words possible but should trigger responsible investigating agencies to act.

While it is true that Kenyan journalists enjoy an environment that is among the most hospitable in Africa, the situation is gradually changing, if recent attacks and harassment of journalists that have been witnessed during the protests in Kenya is anything to go by.

Journalists and media workers across the country have been attacked and their equipment confiscated, intimidated, and made to flee by goons or well-known personalities since the onset of the protests. Increasing attacks on journalists and intimidation of media houses not only have a bearing on the safety and security of journalists at the individual level but is an affront to freedom of expression and access to information.

Attacks and violence against journalists violate the Kenya Constitution which provides for the protection of all Kenyans and freedom of expression. It is also a violation of international treaties that Kenya is a party to. Article 19 of the International Covenant on Civil and Political Rights notes that state parties should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression.

Journalists are frequently subjected to such threats, intimidation, and attacks because of their activities. So are persons who engage in the gathering and analysis of information on the human rights situation and who publish human rights-related reports, including judges and lawyers. All such attacks should be vigorously investigated in a timely fashion, the perpetrators prosecuted, and the victims, or, in the case of killings, their representatives, be in receipt of appropriate forms of redress.

UNESCO Member States passed Resolution 29 on "Condemnation of violence against journalists". The Resolution was adopted by States in response to serious concerns about the killing of journalists in many countries and the evidence of the spread of impunity - that is, the persistent failure of the lawful authorities to bring those responsible to justice. UN Security Council Resolution 1738 (2006) condemns attacks against journalists in conflict situations.

Nonetheless, provisions protecting the right to life, personal liberty and integrity, freedom from torture, freedom of expression, and the right to an effective remedy which are incorporated within international human rights law instruments provide journalists with the necessary guarantees against violations of their rights and risks to their safety.

The African Charter on Human and People's Rights guarantees individuals against arbitrary deprivation of the right to life (Article 4), establishes an absolute prohibition of torture and other inhuman or degrading treatment (Article 5), guarantees the right to liberty and security of the person (Article 6), and freedom of expression (Article 9).

Media owners and editors have a responsibility to ensure their reporters work in a safe environment by ensuring they are well-equipped, insured, and paid. Among the tips given for journalists covering riots, protests, and demonstrations include; maintaining control of your life and movements, making a clear decision to stay or withdraw from the scene, selecting pre-arranged positions to cover from ahead of the protestors, once gas/bullets start being fired, exit, never confront demonstrators or looters/security personnel, establish prior knowledge of risks involved in covering the protests and region and having protective gear In addition, journalists are advised to work in groups with colleagues, carry identification visible- (MCK and Employer card/ water, handkerchief, remain neutral and impartial in the coverage, always remaining in the outer edge of the protest among others.

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