Cartoonist in trouble

Tanzania – Cartoonist Opptertus Fwema discharged by court but immediately rearrested within court corridors.

Cartooning for Peace (CFP), Cartoonists Rights Network International (CRNI), Creative Industry Network Tanzania, and Africartoons deplore the harassment of cartoonist Opptertus Fwema.

After being unjustly arrested and illegally detained for a cartoon he drew, cartoonist Opptertus Fwema’s trial was postponed several times, denying him justice in that process. Eventually, on September 20th, he was discharged by court after the prosecution entered Nolle Prosequi under section 91(1) of the Criminal Procedure Act CAP 20 R.E 2022, indicating that they had no intention of pursuing the charges against Oppertus and confirming our belief that the charges held against him had no credibility. 

However, as soon as he left court chambers, he was re-arrested by the police within court corridors and taken back into custody. He was later released on bail upon guarantee of two sureties. No new charges have been made against Opptertus. The cartoonist has been ordered to report to Oysterbay Police Station on September 23rd where he will be represented by his lawyer Shilinde Swedy. 

We express our concern and dismay at this latest development, which reflects an unjustified persecution of a cartoonist whose only crime was the execution of his job. We call for an immediate halt to this prosecution in keeping with the fundamental principles of freedom of expression as asserted in the Arusha Declaration on World Press Freedom Day, 2022. 

We remind Mrs. Samia Suluhu Hassan, the President of the Republic of Tanzania, of the promise that she made in her Arusha speech to “protect journalists and open more space for freedom of expression and media”; a promise echoed by the Minister of Information, Communication and Information Technology, Mr. Nape Nnauye, who said; “The Ministry will continue to defend journalists and press freedom in Tanzania and Africa”. We urge the Government  of Tanzania to diligently work towards a better, safe and free working environment for cartoonists in Tanzania.

DOWNLOAD THE FULL TEXT IN ENGLISH

DOWNLOAD THE FULL TEXT IN FRENCH

 To Report a Cartoonist in Danger  Email Cartoonists Rights Network International

Cartoonists’ Legal Advisory Network: Six Questions with Penny Karageorgi

With support from UNESCO’s Global Media Defence Fund, CRNI has recruited a new network of Legal Experts around the world, both practicing lawyers and academics, these bolstering our existing roster of Regional Representative cartoonists. In a series of interviews we get to know a selection of these experts better; today’s subject is Panayota (Penny) Karageorgi, a public, international and European Union lawyer based in Greece. Ms. Karageorgi specialises in human rights, anti-discrimination law, religious freedom and data protection.

1. Our cartoonists are consistently expressing anxiety about criminalisation. In your view, are they right to be worried?

In answering this question, some geographical criteria need to be addressed. For instance, prosecution and criminalisation of cartoonists is a quite common phenomenon in the world’s most authoritarian regimes, where human rights are consistently violated and there is no space for political freedom. Such incidents have occurred in countries like Turkey, Russia, China and Saudi Arabia. In that sense, cartoonists who live and work in these countries face a high risk of being criminalised, meaning that their concerns are in such cases justified.

In Europe, freedom of expression is considered a basic human right, an achievement attributed mostly to the European Convention of Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case law. However, in some European countries (such as Greece, Hungary and Poland) freedom of expression may be violated in other, less “direct” ways, such as threats, extortion, psychological violence and censorship imposed by political figures and governments.

2. What is the greatest impediment to freedom of expression in your location?

In Greece freedom of press is a big issue, especially in the last three years. Suppression of freedom is achieved through:

  • attacks and harassment against journalists, photographers and TV crews by the police and the extreme right during their demonstrations, and
  • state propaganda – the government funds and controls almost all media

3. Describe your work; in particular tell us about any efforts on behalf of minority or marginalised people.

The firm where I work today has a longstanding tradition in the protection of human rights. For instance we provide pro bono legal assistance to LGBTQIA groups and NGOs that promote the rights of HIV positive people. In addition we have defended freedom of speech of journalists and human rights activists. On a more personal level, I handle cases of refugees and migrants in Greece who face eviction, prosecution or deportation.

4. Do you consider yourself a human rights defender (HRD)? If so and you are at liberty to describe the experience, have you been the victim of harassment or threat because of your work?

Yes – I do consider myself as a human rights defender. I have been harassed by members of far-right groups for supporting refugees and migrants in Greece. The harassment took the form of verbal assaults and threats.

5. Have you been involved in any note-worthy cases concerning cartoonists, artists or journalists? Give an example.

I was involved in the representation of a Greek journalist who wrote a piece in a very popular newspaper, criticising a Greek Minister’s political history and past decisions on the occasion of his book’s publication. The politician filed a lawsuit against the journalist, claiming €250,000 compensation for moral damage. The case is now pending before the European Court of Human Rights.

6. Have you a favourite cartoonist? If so who, and what do you admire about them?

There are many cartoonists I admire, one of them being Khalid Albaih. Albaih’s cartoons criticise authoritarianism and inequalities, focusing particularly in the Arab world. His style is clear, simple and minimal, but at the same time extremely powerful. I love the fact that he does not use many words – his pieces are strong enough to stand on their own.

Visit Cartoonists’ Legal Advisory Network

DISCLAIMER: The designations employed and the presentation of material throughout this article do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The author(s) are responsible for the choice and the presentation of the facts contained in this article and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

Cartoonists’ Legal Advisory Network: Six Questions with Louis Gitinywa

With support from UNESCO’s Global Media Defence Fund, CRNI has recruited a new network of Legal Experts around the world, both practicing lawyers and academics, these bolstering our existing roster of Regional Representative cartoonists. In a series of interviews we get to know a selection of these experts better; today’s subject is Louis Gitinywa Akohouendo, a senior partner at Kigali Attorneys Chamber LLP, Rwanda. He specialises in constitutional law, media & tech law and digital rights. Mr. Gitinywa is a member of the East African Law Society (EALS), an associate lecturer at Rwanda Institute of Legal Practice & Development and a member of Lawyers Against Poverty.

1. Our cartoonists are consistently expressing anxiety about criminalisation. In your view, are they right to be worried?

Yes indeed, I think they have the right to be genuinely worried as for the last few decades we have been observing a clear deterioration in their work environment, various attacks against the freedom of press and freedom of expression and harassment and censorship across the world, even in the countries where freedom of press and free speech are recognized and celebrated, the 2015 killings at Charlie Hebdo being the prime example. One of our best cartoonists is Gado. He lost his position at The East African (the leading regional newspaper) because the publishers at the journal found his work too critical of the political establishment.

Elsewhere in the world we can observe how “moralistic mobs” (using Chappatte’s words) and the tenets of the cancel culture have affected the conversation on social media. Today I am quite concerned to see people justifying violence against cartoonists just because they draw satirical cartoons.

2. What is the greatest impediment to freedom of expression in your location?

Here in my home country of Rwanda the greatest impediment to freedom of expression is related to both official censorship and self-censorship. The government’s repression of the media has greatly limited the diversity opinion in online media outlets, broadcasting and print media. Most of the critical online news sites produced by opposition groups based overseas, or accredited independent outlets such as the BBC Gahuza Miryango (the Kinyarwanda service of BBC World) are blocked in Rwanda. Also, the observable trend is of the authorities interfering with editorial decisions at the few remaining media outlets here in the country. According to many Rwandan journalists who have spoken anonymously, officials affiliated to the state security apparatus have tightened their control of the media by ensuring that each news organization duplicate an official editorial line. Meanwhile media outlets that are critical of the government are systematically harassed, attacked and discredited.

The second issue, self-censorship, arises because of fear of reprisals and prosecution. Internet access and social media have granted more people the opportunity to hear from independent voices, but online journalists and private bloggers avoid covering or discussing sensitive topics that can be perceived as critical of the government’s actions and policies.

3. Describe the work of your firm; in particular tell us about any efforts on behalf of minority or marginalised people.

My personal work and that of my law firm is based around defence of journalists and bloggers who are arrested, jailed, detained or prosecuted because of their work. Many have been arrested and remain behind bars, while others have fled the country. Those who remain self-censor for fear of being arrested. I also belong to the East African network of digital rights lawyers of Media Defence, providing legal aid , defence and assistance before regional courts and human rights regional jurisdictions for those persecuted in their home countries.

4. Do you consider yourself a human rights defender (HRD)? If so and you are at liberty to describe the experience, have you been the victim of harassment or threat because of your work?

Yes – I do consider myself a Human Rights Defender and I have personal experience of threats, harassment and abuse. I have written pieces criticizing poor governance and the autocratic system in Rwanda, calling for reforms and the rule of law, and been trolled by the state’s “sock puppets” and bots. In 2019 my legal practice license was suspended without any notification or due process from the Rwanda Bar Association (happily reinstated since).

5. Have you been involved in any note-worthy cases concerning cartoonists, artists or journalists?

In 2011 I have worked on the case of Ministere Public v. Agnes Uwimana Nkusi and Saidath Mukakibibi who were at that time the chief editor and editor of the bi-weekly Umurabyo, a Kinyarwanda language publication. My clients were convicted on four charges: threatening national security; defamation of the president; genocide ideology and denial; abetting divisionism in the country.

The public prosecution argued that the two journalists threatened national security by incitement. The high court convicted Uwimana Nkusi to a total of seventeen years’ imprisonment, to be served consecutively. Her colleague Mukakibibi were also sentenced to serve a jail sentence of seven years. In 2012 we lodged an appeal at the supreme court and overturned some of convictions; Uwimana Nkusi was acquitted of the charges of genocide denial and divisionism, but her conviction for defaming the president stood, she was left to serve four years. Saidath’s sentence was reduced to three years, however this case is still ongoing as we appealed to the African commission on Human and People’s Rights.

6. Have you a favourite cartoonist? If so who, and what do you admire about them?

My favourite is Masoud Kipanya, a Tanzanian cartoonist based in Dar es Salaam. What I love is the lucidity of his cartoons, the biting sarcasm and the irony with which he depicts East African society, but also his defiance before the totalitarian establishment in Tanzania and across the region.

Visit Cartoonists’ Legal Advisory Network

DISCLAIMER: The designations employed and the presentation of material throughout this article do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The author(s) are responsible for the choice and the presentation of the facts contained in this article and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

Cartoonists’ Legal Advisory Network: Six Questions with Aditi Saxena

With support from UNESCO’s Global Media Defence Fund, CRNI has recruited a new network of Legal Experts around the world, both practicing lawyers and academics, these bolstering our existing roster of Regional Representative cartoonists. In a series of interviews we get to know a selection of these experts better; today’s subject is Aditi Saxena of India’s Human Rights Law Network (HRLN) where her brief is freedom of expression. Prior to law Ms. Saxena’s field was journalism, working as a reporter with The Economic Times, Mumbai. HRLN is an initiative of the Socio Legal Information Centre (SLIC) providing free legal aid and legal literacy programmes throughout India.

1. Our cartoonists are consistently expressing anxiety about criminalisation. In your view, are they right to be worried?

There is no doubt in the fact that freedom of expression is under attack globally, and cartoonists are not exempted from this either. In the context of India particularly, fabricated criminal charges in the name of national security, defamation, sedition and hurting of religious sentiments have been imposed on journalists, human rights activists
and cartoonists. For example cartoonist Aseem Trivedi was charged with sedition, a punishment for which may be life imprisonment [ed – Trivedi won CRNI’s Courage in Cartooning Award in 2021]. Earlier this year the Supreme Court of India sanctioned contempt proceedings against a female cartoonist for her portrayal of the judiciary.

In criminal law, procedure is as rigorous as the punishment meaning criminal charges invoked against the cartoonists may carry an intention of harassment. In a similar case in India in 2017, a cartoonist faced charges of criminal defamation for his cartoon criticizing the government officials of Tamil Nadu. However four years later the Madras High Court quashed those proceedings against him and found that defamation was not intentional.

Therefore, I would say that the anxiety that cartoonists express about criminalisation is not at all unfounded. In many countries it may take a decade or longer for a criminal trial to conclude and in that sense, the process, more than the punishment is used to harass cartoonists.

2. What is the greatest impediment to freedom of expression in your location?

Currently in India the greatest impediment to freedom of expression is the rise of right-wing sentiments across the country. Today, the identity of those exercising that freedom supersedes the content of the expression. Minorities and their supporters face the most obstacles.

3. Describe the work of your firm or organisation; in particular tell us about any efforts on behalf of minority or marginalised people.

Human Rights Law Network is a close knit network of lawyers and activists across twenty-four locations in India. We also work closely with lawyers and human rights organisations in India. Our work is collaborative with civil society and community-based organisations as well as directly with people belonging to minority and marginalised communities.

We believe in the use of the legal system to assert the constitutional and fundamental rights of marginalised communities and minorities. We work with persons with disabilities, acid attack victims, indiginous communities, religious minorities, human rights defenders, migrant workers and more.

4. Do you consider yourself a human rights defender (HRD)? If so and you are at liberty to describe the experience, have you been the victim of harassment or threat because of your work?

Yes, as a human rights lawyer, I consider myself to be a staunch defender of human rights. The core of my work involves representation in constitutional and trial courts on behalf of members of minorities and marginalised communities to uphold their individual rights and challenge the use (or abuse) of government power.

Personally, and thankfully I have not been a victim of harassment or threat because of my work. But many of my fellow lawyers and activists have been under attack in different forms; physical attack, surveillance by Indian authorities, intimidation via fabricated criminal cases and so on.

5. Have you been involved in any note-worthy cases concerning cartoonists, artists or journalists?

We regularly provide legal aid to journalists, filmmakers, editors and writers against sedition, defamation, fabricated criminal charges and termination of services. Our lawyers have represented various human rights defenders ans particularly journalists in the Supreme Court, High Courts and lower trial courts.

I’d like to highlight some of the most recent and significant instances. Currently we’re representing journalists Kamal Shukla and Kishorechandra Wangkhem who have challenged the law of sedition in India. Both journalists have been charged with sedition in the past. Interestingly, Shukla was charged with sedition for sharing a cartoon critical of the judiciary and government.

Many local journalists were victims of targeted surveillance via the Pegasus tool. Various petitions were filed in the Supreme Court seeking investigation into the matter by journalists and human rights defenders; we represented an activist and lawyer associated with us, Degree Prasad Chauhan. Eventually the Supreme Court formed a committee to investigate the issue.

Pankaj Butalia is a documentarian who made a film on the unrest in Kashmir in 2010. This documentary was denied certification by the regulatory authority. We represented Butalia in the High Court, where the objection was overturned in 2015. And at present we are representing Butalia in the Supreme Court where he has challenged the
censorship rules in the country, particularly for factual documentaries.

Even during COVID-19 lockdown we continued to represent journalists and artists. Across the country large numbers were dismissed from services or forced to resign by the corporate-owned media. This mass termination was challenged in the Supreme Court and remains pending. During the same time, in Maharashtra, an overbroad administrative order was passed by the law enforcement agency that curbed speech on social media platforms, citing fake news and harm to the reputation of government officials. We represented journalists and artists in a public interest litigation, contending that the order was unconstitutional and an abuse of power.

6. Have you a favourite cartoonist? If so who, and what do you admire about them?

Prior to being a litigator I was a journalist with a business news magazine and a newspaper. In fact I come from a family of journalists. I grew up admiring the iconic RK Laxman, then the cartoonist for The Times of India, since passed away. He was known for his daily “common man” cartoon. Through his art I learned to be critical of government, their discriminatory actions and the impact on our lives.

Visit Cartoonists’ Legal Advisory Network

DISCLAIMER: The designations employed and the presentation of material throughout this article do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The author(s) are responsible for the choice and the presentation of the facts contained in this article and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

Cartoonists’ Legal Advisory Network: Six Questions with Herman Duarte

With support from UNESCO’s Global Media Defence Fund, CRNI has recruited a new network of Legal Experts around the world, both practicing lawyers and academics, these bolstering our existing roster of Regional Representative cartoonists. In a series of interviews we get to know a selection of these experts better; today’s subject is Herman Duarte of Simple Legal Consulting, Costa Rica. In addition to directing his own firm Mr. Duarte is the Costa Rican representative for Arbitrator Intelligence and an advisor to the Bianca Jagger Human Rights Foundation.

1. Our cartoonists are consistently expressing anxiety about criminalisation. In your view, are they right to be worried?

I would say there is no pressing reason for those in Costa Rica to be worried, however in El Salvador (I am a Salvadoran/Swiss citizen) there is. Hostility towards independent journalists continues to grow and there are rumours around the advent of some new laws that will make it easier to intimidate journalists with impunity, diminishing the freedom of the press.

2. What is the greatest impediment to freedom of expression in your location?

Again, in Costa Rica there are none that are worth mentioning. In El Salvador there are many, including the fear of reprisals for stating opinions critical of or contrary to the government. Naturally, that will include satirical cartoons.

3. Describe the work of your firm; in particular tell us about any efforts on behalf of minority or marginalised people.

I have worked on many different human rights cases related to LGBTQIA rights, including an amicus curiae in Advisory Opinion OC-18/03 of the Inter-American Court of Human Rights. I have also participated in the abortion case of Manuela v. El Salvador before the same international court.

Additionally I have been an op-ed columnist in La Prensa Gráfica for over a decade. In my articles there I comment on different topics including the political situation.

I work often with other organisations and experts across Central America, including Saúl Antonio Baños of Fundación de Estudios para la Aplicacion del Derecho (FESPAD), perhaps the best human rights defender I know in the world. He is so dedicated to his work. [Ed. – Mr Baños is also an expert within our network.]

4. Do you consider yourself a human rights defender (HRD)? If so and you are at liberty to describe the experience, have you been the victim of harassment or threat because of your work?

Resoundingly, YES. And I have some bad past experiences when I focused on LGBTQIA rights (2016-2019) and nowadays, especially following my work in the promotion of rule of law in El Salvador which has been so diminished during the presidency of Nayib Bukele.

5. Have you been involved in any note-worthy cases concerning cartoonists, artists or journalists?

Yes, although the matters are sensitive. I would refer anyone interested to a couple of books I’ve written. One is on discrimination and freedom of expression in Latin America and the other one is on agnotology practices of the Salvadoraen government during the recent pandemic.

6. Have you a favourite cartoonist? If so who, and what do you admire about them?

I like Otto, the cartoonist for El Faro newspaper in El Salvador. I admire how good he is at distilling the truth of reality with a powerfully conceived image.

Visit Cartoonists’ Legal Advisory Network

DISCLAIMER: The designations employed and the presentation of material throughout this article do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The author(s) are responsible for the choice and the presentation of the facts contained in this article and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

Cartoonists’ Legal Advisory Network: Six Questions with Daniel Mekonnen

With support from UNESCO’s Global Media Defence Fund, CRNI has recruited a new network of Legal Experts around the world, both practicing lawyers and academics, these bolstering our existing roster of Regional Representative cartoonists. In a series of interviews we get to know a selection of these experts better; today’s subject is Dr. Daniel R. Mekonnen, an Eritrean lawyer now based in Switzerland. Dr. Mekonnen has a particular interest in human rights law, human trafficking & refugees and global peace & security. He is the Executive Director of the Eritrean Law Society (ELS), a role he is currently dispatching while living in exile.

1. Our cartoonists are consistently expressing anxiety about criminalisation. In your view, are they right to be worried?

Yes, certainly in the countries with which I am most familiar – Eritrea and Ethiopia. The case of Eritrea is well known, ranked for several consecutive years as the worst country on Earth (sometimes way below North Korea) in terms of freedom of expression. There is more than enough reason to be worried for a cartoonist based in Eritrea, if indeed there are any “independent” cartoonists remaining, and I don’t believe so.

In the case of Ethiopia, the situation is relatively-speaking better than that of Eritrea. At present, in the context of the armed conflict in the northern part of the country, the situation has deteriorated considerably. That instability is good reason for cartoonists to be worried.

2. What is the greatest impediment to freedom of expression in these countries?

Two major factors can be cited:

  • repressive government policies which are the antithesis to rights to freedom of expression, and
  • weak or nearly non-existent judicial institutions that may be of no use to victims of injustice.

3. Describe the work of your firm; in particular tell us about any efforts on behalf of minority or marginalised people.

I work mainly in the area of documentation of human rights violations. I also support displaced victims of human rights violations in their asylum applications in Africa, Europe and North America.

4. Do you consider yourself a human rights defender (HRD)? If so and you are at liberty to describe the experience, have you been the victim of harassment or threat because of your work?

Indeed so – I am a human rights defender and a can describe such experiences. For instance, between June 2014 and June 2016 I helped in the coordination an enormous task of collecting and submitting more that 100 written testimonials to the UN Commission of Inquiry on Human Rights in Eritrea. In that context, in June 2015 I received an open death threat via Twitter comment that was issued by an entity closely associated with the Eritrean Government. For a limited period of time, I was under temporary police protection in Geneva. The matter was sufficiently corroborated by the UN Commission cited above.

5. Have you been involved in any note-worthy cases concerning cartoonists, artists or journalists?

In October 2020 I joined with eminent jurists and activists of international reputation, such as the 2003 Nobel Peace Laureate Iranian Shirin Ebadi, former Attorney-General of Canada Irwin Cotler, former UN High Commissioner for Human Rights Navi Pillay, former African Commission on Human and Peoples’ Rights chair Pansy Tlakula, and other personalities in co-signimg a formal criminal complaint that was submitted to the Swedish prosecutorial authorities, pertaining to certain categories of crimes against humanity committed against Eritrean-Swedish journalist Dawit Isaak, who is a victim of enforced disappearance since September 2001. The complaint was initiated by Reporters Without Borders.

In 2019 I wrote an expert opinion that helped the Greater Manchester Immigration Aid Unit in resolving a very complex asylum case with a history of five successive rejections since 2009, including by the Upper Trier Tribunal of the UK Immigration and Asylum Tribunal (the highest judicial organ in the UK on matters of immigration and asylum).

In 2017, I co-edited a major book titled, Uncensored Voices: Essays and Poems and Art Works by exiled Eritreans, a collaborative publication of PEN Austria, Swiss-German PEN Center and PEN Eritrea in Exile (all members of PEN International).

6. Have you a favourite cartoonist? If so who, and what do you admire about them?

When I was in Eritrea my favourite cartoonist was Shewit. I liked his artistic wit. I lived in South Africa for seven years and while there I liked Zapiro. In addition to his humour he had exemplary courage in speaking truth to power.

Visit Cartoonists’ Legal Advisory Network

DISCLAIMER: The designations employed and the presentation of material throughout this article do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The author(s) are responsible for the choice and the presentation of the facts contained in this article and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.

CRNI
Twitter
Facebook
Instagram

Our awards-giving partners, Freedom Cartoonists Foundation, Geneva

Categories

GDPR

Visitors to this site based in the EU – please be aware this site uses Cookies. Full details in our Privacy Policy.

CARTOONISTS RIGHTS
DEFENDING CARTOONISTS ON THE FRONTLINES OF FREE SPEECH