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AS ANGOLA'S AUTHORITARIAN GOVERNMENT CONTINUED ITS LONG SIEGE against
all forms of dissent last year, independent journalists received special
attention from the repressive apparatus of the state. Although most private
media outlets are weekly newspapers that reach no more than a few thousand
people, the hypersensitive regime of President José Eduardo dos
Santos has routinely stifled its critics via detention, heavy fines, and
bureaucratic pressure.
Two subjects in particular are problematic for independent media. The
first is the country's 25-year-old civil war. When fighting resumed in
late 1998, the government clamped down hard on reports about sensitive
issues such as draft dodging.
The second dangerous topic is the widespread corruption that robs all
but a small elite in Angola of the economic benefits of the country's
lucrative oil reserves. In 1999, President dos Santos and other officials
brought criminal defamation charges against several independent journalists
in retaliation for their reporting or commentary on state corruption.
When those cases came to trial in 2000, the journalists were usually convicted,
fined, and given suspended prison sentences.
At the end of 2000, no Angolan journalists were jailed because of their
work, a significant and welcome development; throughout 1999 and the early
weeks of 2000, several journalists had been imprisoned for weeks or months
at a time.
In July, the government introduced a draft press law that would tighten
restrictions on independent reporting. Despite a firestorm of domestic
and international criticism, the bill had not yet been withdrawn at year's
end. All over Angola, independent reporters and editors said that officials
reacted to bad press by accusing journalists of being unpatriotic and
in the pay of foreign states. Some provincial governors have barred critical
reporters from covering news events or even entering public buildings.
In May CPJ named President dos Santos one of the world's "Ten Worst Enemies
of the Press," based on the dozens of cases of media repression documented
by press freedom activists since the resumption of civil war in 1998.
Particular targets of the government have included the private, Roman
Catholic station Radio Ecclesia, the Voice of America, and the weeklies
Agora, Folha 8, Angolense, and Actual, which
circulate mainly in the capital, Luanda.
Throughout the year, international media drew attention to Angola's abysmal
press freedom record. Detailed reports on repression of independent journalism
appeared in The New York Times, The Economist, and other
publications.
To highlight its growing concern about press freedom conditions in Angola,
CPJ led a six-member delegation to Luanda in October. The delegation met
with state and independent media, along with government officials; it
included CPJ executive director Ann Cooper, CPJ board member Peter Arnett,
Alex Vines of Human Rights Watch, Njonjo Mue of ARTICLE 19, and journalists
Fernando Lima of Mozambique and Pamela Dube of South Africa.
During the meetings, government officials resurrected an old argument
that has frequently been used to justify cracking down on the Angolan
press: Civil war poses such a threat to Angolan society, they claimed,
that journalists cannot be allowed to report freely on such sensitive
topics as the military draft and the rebel National Union for the Total
Independence of Angola (UNITA), led by Jonas Savimbi. In addition, officials
effectively blamed the victims for their own repression, charging that
independent journalists run into trouble because they are inexperienced,
unprofessional, and need better training.
"We think most of the problems that we are facing now lie in the lack
of training," said Vice Minister for Social Communications Manuel Augusto,
who appealed to the CPJ delegation to support more international training
courses for local journalists.
The founders of several private media outlets pointed out that far from
being untrained novices, they and many of their employees had worked in
Angola's state media until the early 1990s, when the first independent
newspapers and radio stations were permitted to launch (television remains
a state monopoly to this day).
In recent years, even the normally docile state media outlets have faced
government pressure. In 1999, angry state authorities detained and questioned
representatives from both the state-owned Televisao Publica de Angola
and the private Radio Ecclesia when the two stations rebroadcast a BBC
interview with rebel leader Savimbi.
The government's determination to censor Savimbi and other sensitive subjects
undercuts its rhetorical promises of greater democracy. Further eroding
the democracy message, dos Santos announced on December 29 that elections
promised for November 2001 would be postponed until late 2002, exactly
a decade after the country's first and only multiparty elections. Although
Angola's Constitution calls for elections every four years, the ruling
Popular Movement for the Liberation of Angola (MPLA) holds an overwhelming
majority in the National Assembly and has twice overridden the election
requirement. MPLA leader dos Santos has ruled Angola since 1979.
Opposition protests are unlikely to reverse the election postponement,
since the dozens of parties challenging the government are all tiny and
ineffectual. In fact, among the elements of civil society in Angola, independent
journalists are by far the strongest and most effective critics of the
government, making them a favored target.
"The opposition in Angola is not really working. It seems that the opposition
is the journalists," said Father Antonio Jaca, director of the Catholic
Church's Radio Ecclesia. "The journalists are a...symbol of resistance
to the government."
One of the strongest symbols is Radio Ecclesia, which was allowed to resume
broadcasting in 1997, after a lengthy ban, and is now perhaps the most
influential independent media voice in Angola. Radio Ecclesia pioneered
pro-and-con public debate programs, a format now copied by state broadcasters
on selected topics. But its independent reporting has made the station
a frequent target of state wrath.
In June, Radio Ecclesia deputy director José Paolo was kidnapped
and driven into the countryside by men who, according to Father Jaca,
demanded to know, "Why are you so against the government?" and "What are
you cooking up with your radio station?" Paolo managed to escape when
one of the cars used in the kidnapping got stuck in mud, distracting his
captors.
Radio Ecclesia officials say the kidnapping may have been in reprisal
for the station's reporting on a June attack by uniformed men on the Luanda
office of Voice of America. Or it may have signaled official displeasure
with the broadcast of an interview with writer Rafael Marques, another
frequent target of government repression.
Marques, who formerly worked for the state's daily newspaper Jornal
de Angola, is a free-lance journalist and human rights activist. As
head of the Open Society Initiative's Angola office, he has been instrumental
in exposing press freedom violations, particularly in the provinces, where
journalists are often at the mercy of powerful local governors.
In March, Marques went on trial in Luanda in a case stemming from a July
1999 commentary published by the independent weekly Agora. In his
article, Marques labeled dos Santos a "dictator" and accused him of fostering
"incompetence, embezzlement, and corruption as political and social values."
On March 31, he was convicted, fined the equivalent of US$16,000, and
given a six-month suspended jail sentence. Agora publisher Aguiar
dos Santos (who is not related to the Angolan president) was a codefendant
in the trial; he received a two-month suspended prison sentence and a
fine of US$6,000.
Though he remained out of prison, Marques was targeted for harassment
throughout the year. During a January parliamentary debate on press freedom,
a member of dos Santos's party stated that if Marques, then 28, continued
to criticize the president, he would not live to age 40. And all year,
he was banned from traveling outside Angola. When a Luanda court rescinded
the travel ban in December, Marques tried to leave the country for a meeting
in South Africa, only to have his passport seized without explanation
at the airport.
Such arbitrary treatment reflects the uncertainties and capriciousness
of Angolan justice. Authorities often open a "case" in response to an
article and keep it open indefinitely, even though formal charges are
never brought. Father Jaca, for instance, had yet to face formal charges
more than a year after being detained and questioned over Radio Ecclesia's
rebroadcast of the Jonas Savimbi interview. "Probably" no charges would
be brought, he said. But government officials likely were leaving that
possibility open in hopes of intimidating Jaca and his colleagues.
Outside the capital, provincial governors have other ways to punish independent
journalism. Several provincial reporters, who all work for state media
and free-lance for independent outlets, met with the CPJ delegation in
October. In response to their reporting on topics such as local corruption,
they had been threatened with violence, denounced publicly as spies, and
even banned from public buildings.
"This is the sort of pressure they put on us, to demonize us and drive
us away from the job," said reporter Andre Mussamo, who was branded "an
agent of imperialism" and barred from entering his local bakery, grocery
store, and disco by Kwanza-Norte provincial governor Manuel Pacavira.
In a statement released on October 4, at the end of its mission in Luanda,
the CPJ delegation called on the dos Santos government to ensure the safety
of journalists working in provinces where constitutional freedom-of-expression
guarantees were frequently violated. The statement also called on the
government to withdraw its draft press law, drop all criminal defamation
cases against journalists, and work toward eliminating criminal penalties
from Angolan defamation laws.
In November, the government announced a broad amnesty for a variety of
crimes. The state-run Jornal de Angola reported that the amnesty
included journalists convicted for criminal defamation, a reference to
Rafael Marques, Aguiar dos Santos, and others who had received suspended
sentences.
But the "amnesty" required that journalists and others apply formally
to have their crimes forgiven; the government could still reject an application
if it chose. As a result, many journalists rejected the amnesty as an
empty public relations ploy.
Equally empty, they said, was the government's decision to solicit public
comment on the draft press law introduced in July. Officials claimed the
invitation was proof of their commitment to improving press freedom. "Not
only are we concerned (about foreign criticism), but we're strongly engaged
in reducing the reasons for that criticism," communications vice minister
Manuel Augusto told The Associated Press at year's end.
But the draft law itself was a disastrous development for the media. Written
in secret, mainly by law enforcement officials, the law would make it
practically impossible for journalists in Angola to cover any matter relating
to the country's political life without risking incarceration, as CPJ
argued in a September 11 press release.
The government, apparently surprised by vehement opposition at home and
abroad, let lapse a timetable for presenting the draft to the National
Assembly. Diplomats and journalists predicted the proposal would die quietly,
without further mention. But the draft was never formally withdrawn. And
so, as so often happens in Angola, it remains an additional threat to
media already under siege.
JANUARY 19
Rafael Marques, free-lancer
THREATENED
During a parliamentary debate, delegate Mendes de Carvalho of the ruling
Popular Movement for the Liberation of Angola (MPLA) openly threatened Marques,
a free-lance journalist, stating that if the journalist continued to criticize
President José Eduardo dos Santos, he would not live to the age of
40. These remarks were widely quoted in state media.
The threat related to a July 3, 1999, opinion piece, titled "The Lipstick
of Dictatorship," in which Marques characterized dos Santos as a dictator.
The journalist was arrested on October 16, 1999, and charged with defamation
in connection with this article. He was released on bail on November 25,
1999, and was tried in March 2000 (for more information see March 31 and
December 12 cases).
FEBRUARY 18
Alves Fernandes, Radio Televisão Portuguesa
HARASSED
Carlos Amorim, Radio Televisão Portuguesa
HARASSED
Police arrested and interrogated Fernandes and Amorim, reporter and cameraman,
respectively, for the Africa service of the Portuguese state television
network, Radio Televisão Portuguesa (RTP). The two journalists had been
filming members of the opposition Partido de Apoio Democratico e Progresso
de Angola, who were preparing to demonstrate in the capital, Luanda, against
fuel-price increases.
Police accused the two journalists of filming "sensitive locations," including
the environs of the Finance Ministry.
The two journalists were released several hours later, after the intervention
of the RTP bureau chief, but police confiscated their videotapes.
MARCH 31
Rafael Marques, free-lancer
LEGAL ACTION
Aguiar dos Santos, Agora
LEGAL ACTION
Antonio Freitas, Agora
LEGAL ACTION
A Luanda court convicted Marques, a free-lance journalist, of having defamed
President José Eduardo dos Santos in a July 1999 article.
Aguiar dos Santos, publisher of the independent weekly Agora (and
no relation to the president), was convicted at the same time of defaming
the president in an August 1999 editorial.
Marques, who also represented the Open Society Initiative in Angola, was
sentenced to six months in prison and fined US$16,000, while dos Santos
received a two-month prison term and a US$6000 fine. Both journalists filed
appeals and were released on bail. Freitas, the newspaper's editor, who
was charged in connection with the Marques article, was acquitted on all
charges.
Marques was arrested at his Luanda home on October 16, 1999, and charged
with defamation in connection with an article titled "The Lipstick of Dictatorship,"
which ran under his byline in the July 3, 1999, edition of Agora.
In the article, Marques charged that President dos Santos was responsible
for "the destruction of the country...[and] for the promotion of incompetence,
embezzlement, and corruption as political and social values." Marques also
referred to dos Santos as a "dictator."
Marques was released on bail on November 25, 1999, pending a trial initially
scheduled for March 7, 2000. Meanwhile, in early February, a Luanda judge
refused Marques permission to travel outside Angola.
The Marques trial finally opened on March 9, before a packed audience of
local and international observers. The presiding judge, former secret-service
officer Joaquim Cangato, then adjourned the trial until March 21, pending
a Supreme Court ruling on a defense appeal.
Dos Santos' lawyers argued that they had not been given sufficient time
to prepare their defense, as guaranteed by the Angolan Constitution.
Judge Cangato, who appeared nervous throughout the hearing, dismissed the
prosecutor's argument that the defendants were not entitled to normal constitutional
protections because they were accused of an exceptional "crime against the
state," under Article 46 of the 1992 Press Law, for defaming President dos
Santos.
Marques and his two co-defendants were forced to stand throughout the two-hour
hearing.
On March 22, Marques' lawyer, Luis Nascimento, appealed to the Supreme Court
on grounds of procedural irregularity. He was denied the right to read this
appeal into the record. In protest, he walked out of the courtroom.
Judge Cangato, who apparently had no legal training, subsequently ruled
that Nascimento be disbarred for six months, despite the fact that only
the Angolan Bar Association can legally make such decisions.
Marques, who refused to answer questions without legal representation, was
offered the option of a public defender, which he declined. Judge Cangato
then ordered an unnamed court official to take over Marques' defense, with
or without Marques' approval. The judge then adjourned the proceedings.
Witnesses for both sides testified when the trial resumed on March 28. Prosecution
witnesses claimed that Marques had humiliated the government of President
dos Santos, tarnished the honor and dignity of the president himself, and
demoralized the Angolan army.
Witnesses for the prosecution included José Leitão, director of President
dos Santos's cabinet, and Aldemiro Vaz de Conceiçao, the president's
spokesman, who stated that Marques' criticism of the head of state had gone
"beyond the limits of free expression."
The two government officials further accused Marques of belonging to an
international conspiracy obsessed with destroying the dos Santos government.
In his closing argument, Rui Ferreira, a lawyer for President dos Santos,
urged Judge Cangato to be tough in his ruling since Marques had shown no
signs of regret for his actions and had refused to "cooperate" in court.
Ferreira recommended that "destabilizing the army" be added to the charges
and that Marques be imprisoned for the longest time possible.
Marques was allowed to call just one witness, Fernando Macedo, an Angolan
human rights activist. Judge Cangato quickly dismissed Macedo's deposition,
which questioned the constitutionality of the charges against Marques. The
judge subsequently ordered Macedo to leave the courtroom and "discuss those
issues elsewhere."
CPJ covered the Marques trial extensively on its Web site, and condemned
the prosecution of all three Agora journalists in a March 6 letter
to President dos Santos. On April 5, CPJ sent the president a second letter
protesting the convictions of dos Santos and Marques. (See also January
19 and December 12 cases.)
APRIL 11
Graca Campos, Angolense
LEGAL ACTION
Americo Goncalves, Angolense
LEGAL ACTION
Campos, a news editor at the weekly Angolense in Luanda, and Goncalves,
the paper's editor, were given suspended sentences after being convicted
of defaming a senior government official.
The official, Kwanza-Norte provincial governor Manuel Pedro Pacavira, claimed
to have been defamed by a series of articles published in Angolense
in 1998 and 1999 that accused him of incompetence and demanded his dismissal.
The sentences, four months for Campos and three months for Goncalves, were
suspended for three years, with the condition that the two journalists could
be jailed if they were convicted of any other offense within that period.
Campos and Goncalves were also jointly ordered to pay US$40,000 in damages
to Pakavira.
APRIL 26
Andre Domingo Mussamo, Folha 8
IMPRISONED, LEGAL ACTION
Mussamo, a correspondent for the independent biweekly Folha 8 and
a former editor of the Kwanza-Norte provincial branch of Angolan National
Radio, was acquitted on charges of "revealing state secrets." The charge
stemmed from an unpublished article based on a letter written by the governor
of Kwanza-Norte. According to sources at the Kwanza-Norte Criminal Court,
the letter contained "highly important information of a military nature."
Mussamo was tried along with Agostinho Mateus Augusto, the governor's press
officer, who was accused of leaking the letter to the journalist.
Angolan police originally arrested Mussamo on December 2, 1999.
After his arrest, Mussamo was held for more than three months in deplorable
conditions in a Kwanza-Norte penitentiary. During that time, authorities
cut off his home telephone line and confiscated some of his family's possessions.
Mussamo eventually posted bail and was released from prison around March
16, on condition that he not leave Kwanza-Norte or resume his professional
activities.
Mussamo's piece was written in September, but never published. It is unclear
how police learned about its contents. According to the Media Institute
of Southern Africa, an agent of the security services searched Mussamo's
desk at work and found a draft of the article.
Mussamo, who faced up to eight years in prison if convicted, was acquitted
on April 26.
JUNE 16
Isidoro Natalício, Jornal de Angola
HARASSED, LEGAL ACTION
Officials in the town of Ndalatando ordered Natalício, a local correspondent
for the state-owned daily Jornal de Angola, to vacate his government-owned
residence on the grounds that he had improperly used the house to file reports
for the Voice of America (VOA), the Catholic Church-owned Angolan station
Radio Ecclesia, and the Portuguese news agency LUSA. Natalício was
given five days to move or face legal action. The Housing Department's eviction
notice claimed that the journalist had violated his lease by engaging in
for-profit activities while residing in state-owned housing.
Natalício had recently faced other forms of harassment, according
to the Media Institute of Southern Africa (MISA). He was banned from covering
official functions in Ndalatando and was barred from entering any property
belonging to Kwanza-Norte provincial governor Manuel Pedro Pacavira.
JUNE 21
Voice of America
ATTACKED
Four armed men dressed in Angolan army uniforms attacked the Luanda office
of the Voice of America (VOA). The intruders made two unsuccessful attempts
to force their way into the VOA's Angola Project office, at 3 a.m. and again
at approximately 1 p.m.
After threatening security guards at gunpoint, the men succeeded in getting
through the gates, but were unable to gain access to the newsroom. No VOA
personnel were hurt in the incident, and no material damage was reported.
It was not clear what had motivated the attack, the first of its kind against
the U.S. government-funded VOA, which was then in its fourth year of operation
in Angola.
JUNE 24
Jose Paulo, Radio Ecclesia
ATTACKED
Four armed men wearing Angolan army uniforms kidnapped Paulo, editor of
the Catholic station Radio Ecclesia in Luanda. Paulo was abducted in downtown
Luanda and driven beyond the city limits. He reportedly escaped when the
kidnappers' vehicle got stuck in a bush track.
It was not clear what prompted the abduction, but CPJ sources in Angola
pointed to several controversial programs that had aired recently on Radio
Ecclesia. For example, the station provided ample coverage of the June 21
attack on the Luanda office of the Voice of America (VOA, see previous case).
One day before Paulo's abduction, Radio Ecclesia broadcast an interview
with local journalist and human rights activist Rafael Marques. And just
hours before Paulo was picked up, the station aired a live debate on the
role of oil and diamonds in the Angolan civil war.
DECEMBER 12
Rafael Marques, free-lancer
HARASSED
Free-lance journalist Marques was prevented from leaving Angola by immigration
officials at the airport in Luanda. The officers confiscated his passport
and sent him home without explanation. The harassment occurred in connection
with Marques' conviction in March on charges that he had defamed President
José Eduardo dos Santos in a July 1999 article, published in the
independent weekly Agora, in which he characterized the head of
state as a dictator. Marques was given a suspended six-month prison term
and a fine, and was barred from traveling outside the country during his
probation.
On December 8, Judge Joaquim Cangato signed a court order lifting all
travel restrictions against Marques and two other journalists, Aguiar
dos Santos and Antonio Freitas. Marques received a copy of the order on
December 11 and took it to immigration officials, who stamped it and indicated
that Marques would have no problem traveling outside of Angola.
The next day, Marques returned to the airport with the court order, his
passport, and an airline ticket to South Africa, where he was scheduled
to attend a meeting of the Open Society Initiative for Southern Africa.
According to Marques, he had already cleared airport check-in and customs
procedures when an immigration official named Sirmino Somazie took him
to an office and told him there was a problem. Marques was then informed
that he could not leave the country after all. He was told to go home,
and his passport was not returned to him. Nor was he given a receipt for
the passport.
Marques' passport remained with the authorities at year's end, despite
official assurances that the airport incident was a "mistake" and that
the journalist was indeed free to travel.
CPJ protested this incident in a December 12 letter to President dos Santos
(for more information, see January 19 and March 31 cases).
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