The security of journalists should always be assured

The attack on Standard journalist Isaiah Gwengi by Administration police officers in Siaya County this week has once again brought to fore the level of exposure and vulnerability of journalists in Kenya. It is encouraging that Inspector General Joseph Boinnet has already promised speedy investigations into the matter. People, including police officers, who violate the rights of others must be held accountable.

A number of cases involving individual police officers have not been acted upon. The case of Reuben Ogachi and Arthur Okwembah, journalists based in Malindi who were attacked and badly injured by police officers, is yet to make any progress. In addition, the cases of Francis Nyaruri and John Kituyi, who died under mysterious circumstances in Kisii and Eldoret respectively, are yet to be concluded.

Journalists’ concern for their safety and protection has in many cases affected the quality of their reporting, which is detrimental to the realisation of rights enshrined in Article 19 of the Universal Declaration of Human Rights and Article 19 paragraph 2 of the International Convention on Civil and Political Rights.

Respect for the fundamental rights of all people is an essential feature of any democracy. Indeed, a raft of laws at international, regional and national level has been developed to guide these rights. The Constitution, for example, states that the Bill of Rights is an integral part of Kenya’s democracy. In addition to the protection provided by Article 33 and 34 to journalists, they are also protected under the right to life, right to work and other related labour laws.

In 1997, 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.

The UN Security Council Resolution 1738 (2006) condemns attacks against journalists in conflict situations. 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 enshrined in international human rights law, provide journalists with the necessary guarantees against violations of their rights.

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).

The UN Plan of Action on the Safety of Journalists and the Issue of Impunity of UNESCO in sections 1.4 and 1.5 capture the international legal regime and the philosophical underpinnings that journalists and other media professionals perform.

The likely increase in threats and persecution faced by journalists at local and national level because of the August elections calls for measures for addressing their safety and protection concerns.