Despite various legal texts on the freedom of the press, journalists in Cameroon continue to be haunted by the ghost of censorship especially as the gap between perceived and actual press freedom experiences become wider each passing day.
Article 19 of the universal Declaration of Human Rights of UNESCO upholds freedom of expression. The preamble to the new Constitution of Cameroon promulgated on January 18, 1996, does not say any less than that.
One can read there: "the freedom of communication, expression, trade union and the right to undertake a strike action are guaranteed under the conditions fixed by the law". Moreover, the text on social communication in Cameroon is more explicit, going to the extent of suggesting a guarantee of "the protection of the journalists". It affirms in its article 50 that "the protection of the source of information is recognized and guaranteed to the journalist and auxiliaries of the profession".
In spite of all these texts and legal rhetoric, which theoretically make journalism a noble profession, one experiences serious abuses of power by government officials in the daily newspapers. In practice, the journalist who writes even a modestly critical article or news item is immediately instructed to “correct" or write “rejoinders”. Sometimes, officials of the Ministry of Territorial Administration and Decentralization censor the papers.
It was, in fact, a regular phenomenon before 1990. Today, direct censorship does not exist but journalists who may be considered outlaw are taken to court, which unfortunately, is not free enough to give them a fair hearing. Sections of the Penal Code are used to prove that they are guilty of violating the press laws.
Surprisingly, however, some of these judges have not received any special training on the new press laws. So they get confused applying the law with about 20 articles. Questions are often raised about the source of information: "who told you?" and "is it true?" But such questions clearly go against the provisions of article 50 that bars asking newsmen about their information sources.
Over the years, a number of cases have been filed against media practitioners in the private sector in Cameroon. Pius Njawe, the Managing Editor of the tri-weekly Le Messager had an incredible experience. In 1998, he wrote in his newspaper that at the halftime of the final football match between two teams in Cameroon, the President of the Republic, Paul Biya had a cardiac attack. He wrote that the President later underwent a surgery. After the publication, the controversy centred not on the truth or falseness of the information, but rather around the question: "who gave you the information?" Njawe, at the end of interrogation, was served a two-year jail term.
Michel Eclador Pekoua, Director of publication of the weekly Ouest Echos, which dared to question the management of the oil revenue by publishing an article in the memorandum of the GESSIR-SNH, had not been able to escape the wrath of the General Manager of the National Hydrocarbons Company, Adolphe Moudiki. He was called by the public prosecutor, accompanied by four magistrates, whose essential concern turned out not to be the question of knowing if the facts reported were true; but to have the name of the person who had given the document to the journalist. Unwilling to sacrifice the source, Pekoua had to go into the dock and had to face the following charges: six months in prison and a fine of approximately US$ 1,509.
In August 2001, a security chief called up the Managing Editor of the independent daily newspaper, Mutations. He was summoned to reveal the name of the person who had given him the 21 presidential decrees reorganising the army, which he published. He was finally released after four days of interrogation thanks to pressure from the civil society, especially from colleagues, and association of journalists.


2003: Particularly difficult year

In December this year, about 10 radio and television stations were shut down by an emergency order of the authorities. It was the direct outcome of a repressive measure, which was in practice from last year against the freedom of the press in Cameroon.
“The Presidential election will be held in Cameroon in October 2004 and the absence of a potential successor to President Paul Biya, who has been in power since November 06, 1982 has untold consequences on the press. About 20 media institutions have been closed during the year and several journalists were made to stop reporting," said Robert Menard, Secretary-General of the Reporters Sans Frontiers (RSF).
"Today, Cameroon is on the way to become one of the countries most repressive in Central Africa regarding freedom of press. And we fear that this situation will go from bad to worse as the presidential poll approaches," he added.
In fact, in the week of December 22, 2003, about 10 radio and private TV stations were instructed to close down by December 31 midnight. According to the media, the representatives of the Ministry for Communication told them that the institutions have to close down because they do not have the official permission to function.
In the area of Bamenda, provincial capital of the Northwest, at least five radios and two TVs received official orders to close down. These include Radio Akwaba, Redemption Radio, Che Radio, Republican Television Network, as well as the BBC. In Bafoussam, the West Provincial chief town, Batcham FM and Radio Star must also end their transmission, while RadioTankou, a university campus station had been cautioned not to start transmission.
In Dschang and Bafang, two towns in the West province, injunctions were slammed on Radio Yemba and Radio Site Art to close their operation by January 1, 2004. Many private newspapers deplored this measure. Mutations, in one of its editions reported, “bit by bit we are gradually returning to the monopoly of the Cameroon Radio and Television (CRTV)". This is a state-owned audio-visual media.
Moreover, Freedom FM, owned by Pius Njawe, Managing Editor of LE MESSAGER, remains prohibited by the government till today. This station was sealed by the police force in May 2003. The proprietor lost the legal battle he put up to withdraw the ban.
In mid-October last year, the Minister of Communication, Jacques Fame Ndongo launched a lawsuit against Njawe for running an audio-visual communication institution without license. The minister then ordered the seizure of Freedom FM equipment and imposition of a fine on the proprietor for the act. The case is still pending at the Douala court.
Through such oppressive means as stated above, the government has succeeded in thwarting the progress of journalism in the country. As a result, media professionals have virtually been rendered paupers as copies of entire publications have been regularly confiscated and by imposing continual prohibitions on the newspapers.
Evaristus Fonkah, a journalist, likens this situation to that of someone held in prison, who is occasionally given permission to move around the prison in the name of liberty.


Muzzling the freedom of speech

Since the beginning of the 90s, journalists in Cameroon have been languishing in a very difficult situation as far as investigating stories, collecting information and official data are concerned. The common practice of the government today is to hide behind what it terms "secret documents", "state secret" or "defence secret" so as not to let the public know what is happening. Such secrecy is leading to wholesale embezzlements of state funds by those in power. It is considered strategic by government. But since the journalists cannot shut their mouth, they report to the public what they see and face the judge regularly.
Journalists have been left at the mercy of judges who utilise the articles of the Penal Code when the latter contravene the press law. The lacuna of the law is exploited. Everything is done to silence journalists. While the complainant has all the time, up to three years to take any alleged defamation case to court, the journalist gets only five days after he has been served with a notice to indicate to the Ministry or the complainant, as the case may be, the statement where upon the case is drawn, his name, profession, and address or face charges as stipulated by the law.
In case he succeeds, he is not likely to be free from a “pre-arranged” sentence, says Lucie Pekoua, journalist of Ouest Echos. Because, as he explains, the competent court is that in whose jurisdictional area the article was published.
The journalist could therefore be arraigned in several courts at the same time. And without knowing, he would be sentenced in one. Today, journalists and the entire civil society are clamouring for an end to sentences that ensue from a travesty of freedom of expression. This is so important for some colleagues. But they do not see any hope of achieving it in the near future and so they go out into self-exile.

Sylvestre Tetchiada is a journalist of Camerounlink, a web magazine in Cameroon

Copyright © 2004 Third World Media Journal A Quarterly Publication of Third World Media Network (TWMN)