2000 World Press Freedom Reveiw_Overview of The Americas
By David Dadge
The Americas was the most hazardous region for journalists to work in this year; moreover, with 11 journalists killed, Colombia has now replaced Sierra Leone as the most dangerous country in the world to practice journalism.
Aside from these harrowing statistics, press freedom in the Americas faced an uphill struggle, with many journalists and media employees confronted by a series of repressive measures that stifled objective reporting.
Although not specific to the region, the death threat is one of the most widely used methods of silencing journalists in the Americas. Without experiencing the menacing tones of an unidentified individual threatening one’s life or that of ones family, it is difficult to fully appreciate how intimidating such an experience can be for the victim. Yet, the incidence of the death threat in the Americas is such that many journalists merely treat such calls as routine. Another disturbing feature of the death threat is the failure of some governments and police forces to act upon complaints from journalists. In many instances, the threat is either not taken seriously or not acted upon; however, when examining the cases of journalists’ killed – the death threat is often the precursor to murder.
With little or no separation of power between politics and the law in some countries, a compliant judiciary willing to do the bidding of the government is another threat to press freedom in the region. The piercing of the veil drawn between politics and the judiciary has meant that for journalists in these countries there can be no expectation of a fair trial. In addition, the rule of law is perceived as the last bastion of human rights and the failure to uphold these principles means that democracy is shorn of its last protective defence. A number of countries have undertaken efforts to improve this situation in recent years, but more needs to be done about the training of judges.
New laws are also having a subtle effect on press freedom. In the last year, a law was enacted in Brazil to prevent civil servants, including the police forces, from speaking to reporters. Convenient laws such as these prevent investigative reporting and hinder the media’s ability to scrutinise governments. Furthermore, criminal defamation continues to be used against journalists.
In other countries, it is the military or unseen groups and cartels within society that impinge on the democratic processes. These "parallel governments" are often made up of military personnel, removed from government, but continuing to apply pressure while shielded from the public’s gaze. Elsewhere, the banning of newspapers and radio stations is another favourite form of silencing the printed media.
Regarding the application of the death threat, Argentina has some of the worst examples. At the beginning of August, the local press reported that an unidentified man called on the main offices of La Voz del Interior, in Córdoba Province and asked to speak with a newsroom editor. "You take note," the caller said. "We know your journalist is here, at a hotel. He may suffer an accident if you keep bothering Juárez." Later that afternoon, another anonymous caller threatened to "crush" the newspaper. In another incident, on 1 October, FM Ciudad journalist Rubén Viejo received a death threat. According to Viejo, an unknown individual placed a gun to the journalist’s head and told him to halt his investigation of the murder of a taxi driver. If he failed to heed the warning either Viejo or a member of his family would be assassinated.
The death threat has also been used in Guatemala and Paraguay. On 10 July, in Guatemala, journalists from the news agency the Centre of Informative Reports on Guatemala stated they had received threats. According to information gathered, a call was received at the offices of the Cerigua agency, warning the agency's director, Ileana Alamilla, to "watch herself". This is not the first time the organisation has received threatening telephone calls. On 23 June the agency received a call which said, "We already know where you are and we are going to kill you". Radio stations are often the subject of threatening telephone calls in Paraguay, on August 13 Radio Primero de Marzo de Asunción, which conducted one of the exit polls in the elections, received anonymous telephone calls stating the station could be attacked.
In Brazil, international organisations expressed their concern at the death threat directed against journalist Almir Carvalho, editor of the daily A Palabra, by the prefect of Alegre, Gilvan Dutra. Carvalho was threatened because of his publication of the Prefecture's accounts that had been examined by the Tribunal of Accounts. In publishing the accounts, Carvalho argued that citizens have the right to know how their money is being used. Also in Brazil, journalist Claudia Bastos, a reporter with the station TV Tapajós, received death threats at the end of April.
The murder of Jean Leopold in Haiti provided evidence of how initial death threats may lead to murder. On 3 April, Jean Léopold Dominique, a journalist and owner of Radio Haďti, was shot to death as he walked to the station’s premises after having parked his vehicle. He had gone to the radio station to broadcast his morning radio show. A security guard for the radio station, Jean Claude Louissaint, was also killed during the attack. According to his colleagues, Dominique received a number of threats prior to his murder. As previously mentioned, the judiciary is also a problem in the region.
A ludicrous case in Cuba highlighted the need of the judiciary to act independently in order to prevent miscarriages of justice. On 18 January, dissident journalist Victor Rolando Arroyo was arrested. His crime was the bizarre charge of "hoarding" or "monopolising" toys. Arroyo had gone to a toyshop in order to buy toys for underprivileged children in the province of Pinar del Río. Although he was not jailed immediately, Arroyo was given three working days to present an appeal. The appeal by Arroyo subsequently failed and he was forced to serve the six-month sentence. He was released on 19 July.
There was also evidence in Chile of the convoluted justice meted out by the judiciary. On 15 February, José Ale Aravena, a journalist with La Tercera daily newspaper, was sentenced by the Supreme Court to 541 days imprisonment for "insults" against Servando Jordán, a former president of the Supreme Court. Although Ale was allowed to go free, he is required to report to prison authorities regularly in order to sign a register. In total, since the action was first laid down, five judges or courts have examined the case and each one has resolved not to proceed with the charges.
Legislation is also a problem and the attempt to silence civil servants, as a means of preventing investigative journalists from working in Brazil, is one of the most invidious passed in the last few years. The Bill No. 2961/97, 14 December 1999, passed by the Chamber of Deputies, prohibits public officials, police officers, prosecutors, attorneys general, judges and officers of the tax auditing office from providing information to the press.
In addition to this law, Panama also passed a repressive law to restrict access to information. On 31 July, President Moscoso enacted Law 38 which appears to restrict access to information in the country. Article 70 of the law regulates access to public information, and stipulates "information which may be confidential or restricted for reasons of public or special interest, cannot be distributed, as doing so could cause serious harm to society, the State, or the individual in question". Based on this definition, the law could apply to information related to "national security, someone's health, political opinions, legal status, sexual orientation, criminal records, bank accounts and other such data which are of a legal nature". Indeed, the act seems designed purely to prevent the publication of information embarrassing to public officials.
Operating from behind the scene, "parallel governments" are viewed as a major obstacle to democracy in the Americas. In Guatemala, an examination of the media scene provides some support for the view that an alternative power structure exists in the country. Journalists who have attempted to investigate the security forces or comment on the past have been subject to threatening phone calls and been followed in unmarked cars. Events such as these have caused widespread concern among the press freedom community and led to calls that the government should do more to protect journalists. Peru is another country where the military appears to have an undue influence in the affairs of state. However, the resignation of President Fujimori in November provided hope that the connections between state and the military may now be finally severed.
Concerning the banning of newspapers and radio stations, an incident in Costa Rica showed that some governments are still unwilling to allow media outlets to set their own agenda. On 4 February, the Tico Times reported that the popular television programme "Diagnóstico" had been cancelled by the National Radio and Television System (SINART). Critics of the decision to cancel the programme, which aired weekly on Channel 13 and has been running for the past 10 years, allege that it was one of the few shows where guests felt free to discuss a number of important issues in Costa Rica. Reacting to the cancellation, the show’s host, politician Alvaro Montero, said, "In 10 years I've converted Diagnóstico into a space for free thought, into a forum where any citizen, no matter what his religion or politics, can voice his opinion," says Montero. "It was definitely the most liberal program running on national television which is why they've tried, ever since the show began, to take it away from me."