02 Apr 20 | News and features, Statements
[vc_row][vc_column][vc_column_text]Index on Censorship is among 107 organisations that are urging governments to respect human rights and civil liberties as they attempt to tackle the coronavirus pandemic through digital surveillance technologies.
“As the coronavirus continues to spread and threaten public health, governments are taking unprecedented actions to bring it under control. But the pandemic must not be used to usher in invasive digital surveillance,” said Jessica Ní Mhainín, Policy Research and Advocacy Officer at Index on Censorship. “Measures must have a legal basis, be targeted exclusively at curtailing the virus, and have safeguards in place to prevent violations of privacy.”
STATEMENT:
The Covid-19 pandemic is a global public health emergency that requires a coordinated and large-scale response by governments worldwide. However, states’ efforts to contain the virus must not be used as a cover to usher in a new era of greatly expanded systems of invasive digital surveillance.
We, the undersigned organisations, urge governments to show leadership in tackling the pandemic in a way that ensures that the use of digital technologies to track and monitor individuals and populations is carried out strictly in line with human rights.
Technology can and should play an important role during this effort to save lives, such as to spread public health messages and increase access to health care. However, an increase in state digital surveillance powers, such as obtaining access to mobile phone location data, threatens privacy, freedom of expression and freedom of association, in ways that could violate rights and degrade trust in public authorities – undermining the effectiveness of any public health response. Such measures also pose a risk of discrimination and may disproportionately harm already marginalised communities.
These are extraordinary times, but human rights law still applies. Indeed, the human rights framework is designed to ensure that different rights can be carefully balanced to protect individuals and wider societies. States cannot simply disregard rights such as privacy and freedom of expression in the name of tackling a public health crisis. On the contrary, protecting human rights also promotes public health. Now more than ever, governments must rigorously ensure that any restrictions to these rights is in line with long-established human rights safeguards.
This crisis offers an opportunity to demonstrate our shared humanity. We can make extraordinary efforts to fight this pandemic that are consistent with human rights standards and the rule of law. The decisions that governments make now to confront the pandemic will shape what the world looks like in the future.
We call on all governments not to respond to the Covid-19 pandemic with increased digital surveillance unless the following conditions are met:
1. Surveillance measures adopted to address the pandemic must be lawful, necessary and proportionate. They must be provided for by law and must be justified by legitimate public health objectives, as determined by the appropriate public health authorities, and be proportionate to those needs. Governments must be transparent about the measures they are taking so that they can be scrutinized and if appropriate later modified, retracted, or overturned. We cannot allow the Covid-19 pandemic to serve as an excuse for indiscriminate mass surveillance.
2. If governments expand monitoring and surveillance powers then such powers must be time-bound, and only continue for as long as necessary to address the current pandemic. We cannot allow the Covid-19 pandemic to serve as an excuse for indefinite surveillance.
3. States must ensure that increased collection, retention, and aggregation of personal data, including health data, is only used for the purposes of responding to the Covid-19 pandemic. Data collected, retained, and aggregated to respond to the pandemic must be limited in scope, time-bound in relation to the pandemic and must not be used for commercial or any other purposes. We cannot allow the Covid-19 pandemic to serve as an excuse to gut individuals’ right to privacy.
4. Governments must take every effort to protect people’s data, including ensuring sufficient security of any personal data collected and of any devices, applications, networks, or services involved in collection, transmission, processing, and storage. Any claims that data is anonymous must be based on evidence and supported with sufficient information regarding how it has been anonymised. We cannot allow attempts to respond to this pandemic to be used as justification for compromising people’s digital safety.
5. Any use of digital surveillance technologies in responding to Covid-19, including big data and artificial intelligence systems, must address the risk that these tools will facilitate discrimination and other rights abuses against racial minorities, people living in poverty, and other marginalised populations, whose needs and lived realities may be obscured or misrepresented in large datasets. We cannot allow the Covid-19 pandemic to further increase the gap in the enjoyment of human rights between different groups in society.
6. If governments enter into data sharing agreements with other public or private sector entities, they must be based on law, and the existence of these agreements and information necessary to assess their impact on privacy and human rights must be publicly disclosed – in writing, with sunset clauses, public oversight and other safeguards by default. Businesses involved in efforts by governments to tackle Covid-19 must undertake due diligence to ensure they respect human rights, and ensure any intervention is firewalled from other business and commercial interests. We cannot allow the Covid-19 pandemic to serve as an excuse for keeping people in the dark about what information their governments are gathering and sharing with third parties.
7. Any response must incorporate accountability protections and safeguards against abuse. Increased surveillance efforts related to Covid-19 should not fall under the domain of security or intelligence agencies and must be subject to effective oversight by appropriate independent bodies. Further, individuals must be given the opportunity to know about and challenge any Covid-19 related measures to collect, aggregate, and retain, and use data. Individuals who have been subjected to surveillance must have access to effective remedies.
8. Covid-19 related responses that include data collection efforts should include means for free, active, and meaningful participation of relevant stakeholders, in particular experts in the public health sector and the most marginalized population groups.
Signatories:
7amleh – Arab Center for Social Media Advancement
Access Now
African Declaration on Internet Rights and Freedoms Coalition
AI Now
Algorithm Watch
Alternatif Bilisim
Amnesty International
ApTI
ARTICLE 19
Asociación para una Ciudadanía Participativa, ACI Participa
Association for Progressive Communications (APC)
ASUTIC, Senegal
Athan – Freedom of Expression Activist Organization
Barracón Digital
Big Brother Watch
Bits of Freedom
Center for Advancement of Rights and Democracy (CARD)
Center for Digital Democracy
Center for Economic Justice
Centro De Estudios Constitucionales y de Derechos Humanos de Rosario
Chaos Computer Club – CCC
Citizen D / Državljan D
Civil Liberties Union for Europe
CódigoSur
Coding Rights
Coletivo Brasil de Comunicação Social
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Comité por la Libre Expresión (C-Libre)
Committee to Protect Journalists
Consumer Action
Consumer Federation of America
Cooperativa Tierra Común
Creative Commons Uruguay
D3 – Defesa dos Direitos Digitais
Data Privacy Brasil
Democratic Transition and Human Rights Support Center “DAAM”
Derechos Digitales
Digital Rights Lawyers Initiative (DRLI)
Digital Security Lab Ukraine
Digitalcourage
EPIC
epicenter.works
European Digital Rights – EDRi
Fitug
Foundation for Information Policy Research
Foundation for Media Alternatives
Fundación Acceso (Centroamérica)
Fundación Ciudadanía y Desarrollo, Ecuador
Fundación Datos Protegidos
Fundación Internet Bolivia
Fundación Taigüey, República Dominicana
Fundación Vía Libre
Hermes Center
Hiperderecho
Homo Digitalis
Human Rights Watch
Hungarian Civil Liberties Union
ImpACT International for Human Rights Policies
Index on Censorship
Initiative für Netzfreiheit
Innovation for Change – Middle East and North Africa
International Commission of Jurists
International Service for Human Rights (ISHR)
Intervozes – Coletivo Brasil de Comunicação Social
Ipandetec
IPPF
Irish Council for Civil Liberties (ICCL)
IT-Political Association of Denmark
Iuridicum Remedium z.s. (IURE)
Karisma
La Quadrature du Net
Liberia Information Technology Student Union
Liberty
Luchadoras
Majal.org
Masaar “Community for Technology and Law”
Media Rights Agenda (Nigeria)
MENA Rights Group
Metamorphosis Foundation
New America’s Open Technology Institute
Observacom
Open Data Institute
Open Rights Group
OpenMedia
OutRight Action International
Pangea
Panoptykon Foundation
Paradigm Initiative (PIN)
PEN International
Privacy International
Public Citizen
Public Knowledge
R3D: Red en Defensa de los Derechos Digitales
RedesAyuda
SHARE Foundation
Skyline International for Human Rights
Sursiendo
Swedish Consumers’ Association
Tahrir Institute for Middle East Policy (TIMEP)
Tech Inquiry
TechHerNG
TEDIC
The Bachchao Project
Unwanted Witness, Uganda
WITNESS
World Wide Web Foundation
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23 Aug 19 | Campaigns -- Featured, Nigeria, Statements
Omoyele Sowore (Photo: Mohamed Nanabhay / Wikipedia)
United Nations Working Group on Arbitrary Detention
United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr David Kaye
United Nations Special Rapporteur on the rights of freedom of peaceful assembly and of association, Mr Clément Nyaletsossi Voulé
United Nations Special Rapporteur on the situation of human rights defenders, Mr Michel Frost
African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information, Mr Lawrence Murugu Mute
African Commission on Human and Peoples’ Rights Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa, Prof. Rémy Ngoy Lumbu
London, 23 August 2019
To the members of the Working Group and the Special Rapporteurs:
We, 48 human rights and press freedom organisations, respectfully request that you consider this urgent appeal in relation to the arrest and arbitrary detention of Nigerian journalist and human rights defender Omoyele Sowore who was arrested by the authorities following a call for peaceful protest. We request that you urgently intervene to secure the immediate release of Mr Sowore and declare his arrest and detention a gross violation of his human rights, including the right not to be arbitrarily detained as protected by Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR) and Article 6 of the African Charter on Human and Peoples’ Rights (the Banjul Charter); the right to a fair trial as protected by Article 14 ICCPR and Article 7 of the Banjul Charter; the right to freedom of expression as protected by Article 19 ICCPR and Article 9 of the Banjul Charter; the right of freedom of peaceful assembly and of association as protected by Articles 21 and 22 ICCPR and Articles 10 and 11 of the Banjul Charter; and his rights as a human rights defender as outlined in the 1999 UN Declaration on Human Rights Defenders and 2017 African
Commission Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa.
Background
- Mr Sowore is a prominent journalist, human rights activist and pro-democracy campaigner. He is the founder of Sahara Reporters, an online news agency based in New York City that focuses on corruption, human rights abuses and other political misconduct in Nigeria.
Challenging government corruption and speaking truth to power has been the constant thread throughout Mr Sowore’s career, from the leading of student protests in the 1990’s to his recent campaign running for Presidential office in Nigeria.
Omoyele Sowore’s arrest and detention
- Mr Sowore was arrested on 3 August 2019 in his hotel room during a trip to Lagos. Security agents forcefully detained Mr Sowore without informing him of any charges against him and flew him to Abuja, where he is currently being detained at the facility of the headquarters of the Nigerian State Security Service. Mr Sowore has access to food and water, but no access to the outside world: no newspapers, television or phone, and he spends most days in isolation. He was held incommunicado until 6 August, during which time Mr Sowore refused to answer any questions without consulting with his lawyer. He was allowed access to his lawyers only on 7 August, 4 days after his arrest.
- Based on Section 35 of the Nigerian Constitution, Mr Sowore should have been arraigned before a court within 48 hours. As of today, Mr Sowore has not been arraigned in any court.
- However, on 6 August, 3 days after his arrest, the State Security Service did seek an ex- parte order from the Federal High Court in Abuja to detain Mr Sowore under Section 27(1) of the Terrorism Act 2013, which enables the detention of anyone planning to “commit an act of violence”. The Court’s order of 8 August, made within 48 hours after the State Security Service’s request, granted the authorities permission to detain Mr Sowore for 45 days. Within 24 hours, his legal team, led by Mr Femi Falana, filed a motion to set aside the order and requested Mr Sowore’s immediate release, arguing that his detention was contrary to the Nigerian Constitution. At the time of writing, this request has not been heard by the courts and no date for hearing has been fixed. Importantly: no formal charges have been filed against Mr Sowore.
Mr Sowore’s call for a peaceful #RevolutionNow protest
- The arrest of Mr Sowore appears to be the direct consequence of his call for a peaceful protest scheduled to take place on 5 August 2019, using the hashtag #RevolutionNow.
The objective of the protest was to demand that the Nigerian government end corruption and economic inequality and guarantee education to all. That the protest Mr Sowore and the Coalition for Revolution (CORE) movement he founded called for was a peaceful one is made clear at the very outset of the call for protest, issued on 27 July, which starts by setting out the “rules of engagement”:
We eschew all forms of violence. No protester should throw any object as little as stones or attack any security officials. We are aware of their intent to provoke the mass unduly by using undue tactics and sponsored agents, so as to give the protest a bad name. We encourage all Nigerians to remain calm as we are ready to fight these injustices to a logical conclusion.
- A week earlier, in an interview with the Arise News channel, Mr Sowore stated that “Nigeria needs revolution, not war,” clearly distinguishing his call for substantial change from a call to violence. Mr Sowore has used the word “revolution” contextually to mean “change for the better” since 2006, when he founded Sahara Reporters. Mr Sowore then stated that he would “revolutionise” the way news is being reported in Nigeria –– something he actually did with the investigative citizen journalism the website publishes.
- Despite Mr Sowore’s arrest and detention, the 5 August #RevolutionNow protests took place in Abuja, Lagos, Osun, Ondo and Cross River. Protesters met a police force that dispersed them with teargas and gunshots. Numerous protesters, including several of Sahara Reporters’ journalists, were arrested and charged with illegal assembly.
Request for urgent action
- It is clear that Mr Sowore’s arrest on apparent grounds of suspicion of terrorism is unfounded. Mr Sowore did what he has done throughout his career as a journalist and human rights activist: exercise his right to freedom of expression and seek to bring about change through peaceful means, in this case a peaceful protest. The use of the emotive term “revolution” merely underlines his desire for transformative change in what he considers the shortcomings of the current government. There are strong suspicions that Mr Sowore’s arrest stems from ulterior motives than responding to any supposed criminal wrongdoing. This is further highlighted by the fact that the authorities failed to define a charge against him for the first few days after his arrest; the investigations that were subsequently instigated against him under the Terrorism Act were clearly only created to serve the purpose of silencing Mr Sowore.
- As such, the arrest and detention of Mr Sowore amount to a violation of his right not to be arbitrarily detained as guaranteed under Article 9 ICCPR and Article 6 of the Banjul Charter. The fact that the charges brought against him most likely stem from his call for a peaceful demonstration and his critical stance on the Nigerian government also violates Mr Sowore’s right to free expression under Article 19 of the ICCPR and Article 9 of the Banjul Charter and his right of freedom of peaceful assembly and of association under Articles 21 and 22 ICCPR and Articles 10 and 11 of the Banjul Charter. Not properly arraigning Mr Sowore before a competent court within the time limit mandated by the Nigerian Constitution and not allowing him access to a lawyer during the initial days of his detention violates his right to a fair trial as protected by Article 14 ICCPR and Article 7 of the Banjul Charter. The foregoing also constitutes a violation of his rights as a human rights defender as defined in the 1999 UN Declaration on Human Rights Defenders and 2017 African Commission Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa.
- As a State Party to both treaties, Nigeria is under an obligation to guarantee these rights to all its citizens, as specified under Article 2(1) of the ICCPR and Article 2 of the Banjul Charter. Accordingly, we appeal to the Working Group and UN and AU Special Rapporteurs to:
- intervene urgently to secure the immediate release of Mr Sowore; and
- declare his arrest and continuing detention a gross violation of his human rights.
Please do not hesitate to contact us if you have any questions or if we can provide you with any additional information you may need.
Yours sincerely,
All Workers’ Convergence (AWC)
Afrika Movement for Freedom and Justice (AMFJ)
Agege Women Agenda (AWA)
ARTICLE 19 Senegal/West Africa
Centre for Constitutional Rights
Centre for Human Rights and Social Justice (CHRSJ)
Chidi Odinkalu Former Chairman, National Human Rights Commission (Nigeria) & Senior Fellow, Open Society Justice Initiative
Coalition for Revolution (CORE)
Committee for the Defence of Human Rights (CDHR)
Community Women Initiatives (CWI)
The Concerned Forum
Congress of Progressive Youths (COPY)
Democratic Youth League
Edo State Civil Society Organisation (EDOSCO)
Enough is Enough (EiE) Nigeria
Freedom of Expression Hub
Gani Fawehinmi Apostles
Gani Fawehinmi Memorial Organization (gafam.org)
Governance Advancement Initiative for Nigeria (GAIN)
Global Voices Sub-Saharan Africa
Grassroot Justice Centre
Human and Environment Development Agenda (HEDA)
Human Rights Network for Journalists-Uganda (HRNJ-UGANDA)
IAmVocal
Index on Censorship
Media Legal Defence Initiative
Media Rights Agenda
Moshood Abiola Vanguard for Democracy (MAVD)
Movement For People’s Rights
National Conscience Party (NCP), Lagos State Branch
Nigerians in Diaspora Europe, Belgium-Luxembourg (NIDOE-BeLux)
Open Society for West Africa (OSIWA), Nigeria Office
Paradigm Initiative
People’s Alternative Front (PAF)
Peoples’ Unite
Rivers State Civil Society Coalition (RIVSCO)
Rule of Law and Accountability Advocacy Centre (RULAAC)
Save Lagos Group
Socialist Vanguard Tendency (SVT)
Socio-Economic Rights and Accountability Project (SERAP)
Sovereign Vital Force
Spaces for Change
Take-It-Back (TiB) Movement
Talakawa Parliament
Veteran Group for Operation Clean Crusade (VGOCC)
Women for Leadership Change
Workbond International Network (WIN)
Youth In Good Governance Initiative (YIGGI)
05 Feb 19 | Artistic Freedom, Artistic Freedom Statements, Campaigns -- Featured, Press Releases, Statements, Uganda
More than 130 musicians, writers and artists, together with many British and Ugandan members of parliament, have signed a petition calling on Uganda to drop plans for regulations that include vetting songs, videos and film scripts prior to their release. Musicians, producers, promoters, filmmakers and all other artists would also have to register with the government and obtain a licence that can be revoked for a range of violations.
Index on Censorship is deeply concerned by these proposals, which are likely to be used to stifle criticism of the government.
“Around the world from Cuba to Indonesia and Uganda, artists are being pressured by governments seeking to control their art and their message. These misplaced efforts are an intolerable intrusion into artistic freedom and must not be enacted,” Jodie Ginsberg, CEO of Index said.
Signatories to the letter include U2’s Bono and Adam Clayton, author Wole Soyinka, and Razorlight’s Johnny Borrell.
Full text of the letter follows:
Uganda’s government is proposing regulations that include vetting new songs, videos and film scripts, prior to their release. Musicians, producers, promoters, filmmakers and all other artists will also have to register with the government and obtain a licence that can be revoked for a range of violations.
We, the undersigned, are deeply concerned by these proposals, which are likely to be used to stifle criticism of the government.
We, the undersigned, vehemently oppose the draconian legislation currently being prepared by the Ugandan government that will curtail the freedom of expression in the creative arts of all musicians, producers and filmmakers in the country.
The planned legislation includes:
- All Ugandan artists and filmmakers required to register and obtain a licence, revokable for any perceived infraction.
- Artists required to submit lyrics for songs and scripts for film and stage performances to authorities to be vetted.
- Content deemed to contain offensive language, to be lewd or to copy someone else’s work will be censured.
- Musicians will also have to seek government permission to perform outside Uganda.
Contained in a 14 page draft Bill that bypasses Parliament and will come before Cabinet alone in March to be passed into law, any artist, producer or promoter who is considered to be in breach of its guidelines shall have his/her certificate revoked.
This proposed legislation is in direct contravention of Clause 29 1a b of the Ugandan
Constitution which states:
- Protection of freedom of conscience, expression, movement, religion,
assembly and association.
(1) Every person shall have the right to—
(a) Freedom of speech and expression which shall include freedom of the media;
(b) Freedom of thought, conscience and belief which shall include academic
freedom in institutions of learning;
Furthermore, in accordance with Clause 40 (2)
(2) Every person in Uganda has the right to practise his or her profession and to
carry on any lawful occupation, trade or business.
As a Member State of the African Union, the Republic of Uganda has ratified the African Charter on Human and Peoples’ Rights. Article 9 of the Charter provides:
- Every individual shall have the right to receive information.
- Every individual shall have the right to express and disseminate his opinions within the law.
We therefore call upon the Ugandan government to end this grievous and blatant
violation of the constitutional rights of Ugandan artists and producers, and to honour
its international obligations as laid down in the various international human rights
conventions to which Uganda is a signatory and for Uganda to uphold freedom of speech.
Background
- Although freedom of expression is protected under the Uganda constitution, it is coming under increasing threat in the country.
- In 2018, authorities arrested popular musician and opposition member of parliament, Robert Kyagulanyi, better known as Bobi Wine. He was badly beaten in military custody. Musicians, writers and social activists including Chris Martin, Angelique Kidjo, U2’s The Edge, Damon Albarn and Wole Soyinka, signed a petition calling for his release, which ultimately succeeded.
- Since July 1, Ugandans have had to pay a tax of 200 shillings, about 5 US cents, for every day they use services including Facebook, Twitter, Skype and WhatsApp.
- The government said it wanted to regulate online gossip, or idle talk but critics fear this meant it wanted to censor opponents.
- During the presidential election in 2016, officials blocked access to Facebook and Twitter
- On Thursday January 31 a statement was made by Jeremy Hunt MP, the UK’s Secretary of State for Foreign and Commonwealth Affairs: “”We are aware of the proposed regulations to the Ugandan music and entertainment industry that are currently being consulted on and are yet to be approved by the Cabinet. The UK’s position is that such regulations must not be used as a means of censorship. The UK supports freedom of expression as a fundamental human right and, alongside freedom of the media, maintains that it is an essential quality of any functioning democracy. We continue to raise any concerns around civic and political issues directly with the Ugandan government.”
ABTEX – Producer, Uganda
ADAM CLAYTON – Musician, U2
ALEX SOBEL – Member of Parliament, United Kingdom
AMY TAN – Novelist, Screenwriter
ANDY HEINTZ – Freelance journalist and author, USA
ANISH KAPOOR – Artist, United Kingdom
ANN ADEKE – Member of Parliament, Uganda
ANNU PALAKUNNATHU MATTHEW – Artist, USA and India
ASUMAN BASALIRWA – Member of Parliament, Uganda
AYELET WALDMAN – Writer
BELINDA ATIM – Uganda Sustainable Development Initiative
BILL SHIPSEY – Founder, Art for Amnesty
BONO – Musician, U2
BRIAN ENO – Artist, Musician and Producer
BRUCE ANDERSON – Journalist Editor/Publisher
CLAUDIO CAMBON – Artist/Translator, France
CRISPIN BLUNT – Member of Parliament and former Chair of Foreign Affairs Select Committee, United Kingdom
DAN MAGIC – Producer, Uganda
DANIEL HANDLER – Writer, Musician aka Lemony Snicket
DAVID FLOWER – Director, Sasa Music
DAVID HARE – Playwright
DAVID SANCHEZ – Saxophonist and Grammy Winner
DEBORAH BRUGUERA – Activist, Italy
DELE SOSIMI – Musician – The Afrobeat Orchestra
DOCTOR HILDERMAN – Artist, Uganda
DR VINCENT MAGOMBE – Journalist and Broadcaster
DR PAUL WILLIAMS – Member of Parliament, United Kingdom
EDDIE HATITYE – Director, Music In Africa
EDDY KENZO – Artist, Uganda
EDWARD SIMON – Musician and Composer, Venezuela
EFE OMOROGBE – Director Hypertek, Nigeria
ERIAS LUKWAGO – Lord Mayor of Kampala Uganda
ELYSE PIGNOLET – Visual Artist, USA
ERIC HARLAND – Musician
FEMI ANIKULAPO KUTI – Musician, Nigeria
FEMI FALANA – Human Rights Lawyer, Nigeria
FRANCIS ZAAKE – Member of Parliament, Uganda
FRANK RYNNE – Senior Lecturer British Studies, UCP, France
GARY LUCAS – Musician
GERALD KARUHANGA – Member of Parliament, Uganda
GINNY SUSS – Manager, Producer
HELEN EPSTEIN – Professor of Journalism Bard College
HENRY LOUIS GATES – Director of the Hutchins Center at Harvard University
HUGH CORNWELL – Musician
IAIN NEWTON – Marketing Consultant
INNOCENT (2BABA) IDIBIA – Artist, Nigeria
IRENE NAMATOVU – Artist, Uganda
IRENE NTALE – Artist, Uganda
JANE CORNWELL – Journalist
JEFFREY KOENIG – Partner, Serling Rooks Hunter McKoy Worob & Averill LLP
JESSE RIBOT – American University School of International Service
JIM GOLDBERG – Photographer, Professor Emeritus at California College of the Arts
JODIE GINSBERG – CEO, Index on Censorship
JOEL SSENYONYI – Journalist, Uganda
JON FAWCETT – Cultural Events Producer
JON SACK – Artist
JOHN AJAH – CEO, Spinlet
JOHN CARRUTHERS – Music Executive
JOHN GROGAN – Member of Parliament, United Kingdom
JONATHAN LETHEM – Novelist
JONATHAN MOSCONE – Theater Director
JONATHAN PATTINSON – Co-Founder Reluctantly Brave
JOHNNY BORRELL – Singer, Razorlight
JOJO MEYER – Musician
KADIALY KOUYATE – Musician, Senegal
KALUNDI SERUMAGA – Former Director – Uganda National Cultural Centre/National Theatre
KASIANO WADRI – Member of Parliament, Uganda
KEITH RICHARDS OBE – Writer
KEMIYONDO COUTINHO – Filmmaker, Uganda
KENNETH OLUMUYIWA THARP CBE – Director The Africa Centre
KING SAHA – Artist, Uganda
KWEKU MANDELA – Filmmaker
LAUREN ROTH DE WOLF – Music Manager Orchestra of Syrian Musicians
LEMI GHARIOKWU – Visual Artist, Nigeria
LEO ABRAHAMS – Producer, Musician, Composer
LES CLAYPOOL – Musician, Primus
LINDA HANN – MD Linda Hann Consulting Group
LUCIE MASSEY – Creative Producer
LUCY DURAN – Professor of Music at SOAS University of London
LYNDALL STEIN – Activist/Campaigner, United Kingdom
MARC RIBOT – Musician
MARCUS DRAVS – Producer
MAREK FUCHS – MD Sauti Sol Entertainment, Kenya
MARGARET ATWOOD – Author
MARK LEVINE – Professor of History UC Irvine – Grammy winning artist
MARY GLINDON – Member of Parliament, United Kingdom
MATT PENMAN – Musician, New Zealand
MARTIN GOLDSCHMIDT – Chairman, Cooking Vinyl Group
MEDARD SSEGONA – Member of Parliament, Uganda
MICHAEL CHABON – Writer
MICHAEL LEUFFEN – NTS Host, Carhartt WIP Music Rep
MICHAEL UWEDEMEDIMO – Director, CMAP and Research Fellow King’s College London
MILTON ALLIMADI – Publisher, The Black Star News
MORGAN MARGOLIS – President, Knitting Factory Entertainment, USA
MOUSTAPHA DIOP – Musician, Senegal MusikBi CEO
MR EAZI – Musician, Producer, Nigeria
MUWANGA KIVUMBI – Member of Parliament, Uganda
NAOMI WEBB – Executive Director, Good Chance Theatre, United Kingdom
NICK GOLD – Owner, World Circuit Records
NUBIAN LI – Artist, Uganda
OHAL GRIETZER – Composer
OBED CALVAIRE – Musician
OMOYELE SOWORE – Founder Sahara Reporters and Nigerian Presidential Candidate
PATRICK GRADY – Member of Parliament, United Kingdom
PAUL MAHEKE – Artist, United Kingdom
PAUL MWIRU – Member of Parliament, Uganda
PETER GABRIEL – Musician
RACHEL SPENCE – Arts Writer and Poet, United Kingdom
RASHEED ARAEEN – Artist, United Kingdom
RAYMOND MUJUNI – Journalist, Uganda
RHETT MILLER – Musician, Writer
RILIWAN SALAM – Artist Manager
ROBERT MAILER ANDERSON – Writer and Producer
ROBIN DENSELOW – Journalist, United Kingdom
ROBIN EUBANKS – Trombonist, Composer, Educator
ROBIN RIMBAUD – Musician
RUTH DANIEL – CEO, In Place of War
SAMIRA BIN SHARIFU – DJ
SANDOW BIRK – Visual Artist, USA
SANDRA IZSADORE – Author, Artist, Activist, USA
SEAN JONES – Musician, Composer, Bandleader, Educator
SEBASTIAN ROCHFORD – Musician, Pola Bear
SEUN ANIKULAPO KUTI – Musician, Composer
SHAHIDUL ALAM – Photojournalist and Activist, Bangladesh
SIDNEY SULE – B.A.H.D Guys Entertainment Management, Nigeria
SIMON WOLF – Senior Associate, Amsterdam & Partners LLP
SRIRAK PLIPAT – Executive Director, Freemuse
STEPHEN BUDD – OneFest / Stephen Budd Music Ltd
SOFIA KARIM – Architect and Artist
STEPHEN HENDEL – Kalakuta Sunrise LLC
STEVE JONES – Musician and Producer
SUZANNE NOSSEL – CEO, PEN America
TANIA BRUGUERA – Artist and Activist, Cuba
TOM CAIRNES – Co-Founder Freetown Music Festival
WOLE SOYINKA – Nobel Laureate, Nigeria
YENI ANIKULAPO KUTI – Co-Executor of the Fela Anikulapo Kuti Estate
ZENA WHITE – MD, Knitting Factory and Partisan Records
05 Dec 18 | Artistic Freedom, Artists in Exile, News and features
[vc_row][vc_column][vc_single_image image=”104099″ img_size=”full”][vc_column_text]“If you want to make films in Burundi, you either self-censor and you remain in the country or if you don’t, you have to flee the country,” Eddy Munyaneza, a Burundian documentary filmmaker, told Index on Censorship.
Munyaneza became fascinated in the process of filmmaking at a young age, despite the lack of cinematic resources in Burundi.
He now is the man behind the camera and has released three documentaries since 2010, two of which have drawn the ire of the Burundian government and forced Munyaneza into exile.
His first documentary — Histoire d’une haine manquée — was released in 2010 and has received awards from international and African festivals. The film is based on his personal experience of the Burundian genocide of 1993, which took place after the assassination of the country’s first democratically elected Hutu president Ndadye Melchoir. It focuses on the compassionate actions he witnessed when his Hutu neighbours saved him and his Tutsi sisters from the mass killings that swept the country. The film launched Munyaneza’s career as a filmmaker.
Munyaneza was honoured by Burundi’s president Pierre Nkurunziza for his first film and his work was praised by government officials. But the accolades faded when he turned his camera toward Nkurunziza for his second film in 2016.
The film, Le Troisieme Vide, focused on the two-year political crisis and president’s mandate that followed Nkurunziza’s campaign for an unconstitutional third term in April 2015. During the following two years, between 500 and 2,000 people were tortured and killed, and 400,000 were exiled.
The filming of his second documentary was disrupted when Munyaneza started receiving death threats from the government’s secret service. He was forced to seek asylum in Belgium in 2016 for fear of his life. Through perseverance and passion, he quietly returned to Burundi in July 2016 and April 2017 to finish his short film.
Exile hasn’t affected Munyaneza’s work: in 2018 he released his third film, Lendemains incertains. It tells the stories of Burundians who have stayed or left the country during the 2015 political tension. He secretely returned to Burundi to capture additional footage for his new film, which premiered in Brussels at the Palace Cinema and several festivals.
“I lead a double life, my helplessness away from my loved ones, and the success of the film on the other,” he said. He continues to work in exile, but also works toward returning to Burundi to see his wife and kids who currently reside in a refugee camp in Rwanda, and to create film, photography and audio programs for aspiring Burundian filmmakers.
Gillian Trudeau from Index on Censorship spoke with Munyaneza about his award-winning documentaries and time in exile.
Index: In a country that doesn’t have an abundance of film or cinema resources, how did you become so passionate about filmmaking?
Munyaneza: I was born in a little village where there was no access to electricity or television. At the age of 7, I could go into town for Sunday worship. After the first service, I would go to the cinema in the centre of the town of Gitega. We watched American movies about the Vietnam war and karate films, as well as other action movies which are attractive to young people. After the film my friends and I would have debates about the reality and whether they had been filmed by satellites. I was always against that idea and told them that behind everything there was someone who was making the film, and I was curious to know how they did it. That’s why since that time I’ve been interested in the cinema. Unfortunately, in Burundi, there is no film school. After I finished school in 2002, I began to learn by doing. I was given the opportunity to work with a company called MENYA MEDIA which was getting into audiovisual production and I got training in lots of different things, cinema, writing, and I began to make promotional films. The more I worked, the more I learned.
Index: How would you characterise artistic freedom in Burundi today, and is that any different to when you were growing up?
Munyaneza: To be honest, Burundian cinema really got going with the arrival of digital in the 2000s. Before 2000 there was a feature film called Gito L’Ingrat which was shot in 1992 and directed by Lionce Ngabo and produced by Jacques Sando. After that, there were some productions by National Television and other documentary projects for TV made in-house by National Television. I won’t say that the artistic freedom in those days was so different from today. The evidence is that since those years, I can say after independence, there have not been Burundian filmmakers who have made films about Burundi (either fictional or factual). There were not really any Burundian films made by independent filmmakers between 1960 and 1990. The man who dared to make a film about the 1993 crisis, Kiza by Joseph Bitamba, was forced to go into exile, just as I have been forced to go into exile for my film about the events of 2015. So if you want to make films in Burundi, you either self-censor and you remain in the country or if you don’t, you have to flee the country.
Index: You began receiving threats after you made your second film, Le troisieme vide, in 2016. The film focused on the political crisis that followed the re-election of president Nkurunziza. Why do you think the film received such a reaction?
Munyaneza: Troisieme Vide is a short film which was my final project at the end of my masters in cinema at Saint Louis in Senegal. I knew that just making a film about the 2015 crisis would spark debate. Talking about the events which led to the 2015 crisis, caused by a president who ran for a third term, which he is not allowed to do by the constitution, I was sure that when this film came out I would have problems with the government. But I am not going to be silent like people who are older than me have done, who did not document what went on in Burundi from the 1960s, and have in effect just made the lie bigger. I want to escape this Burundian fate, to at least leave something for the generations to come.
Index: How did you come to the decision to leave Burundi and what did that feel like?
Munyaneza: Burundi is a beautiful country with a beautiful climate. My whole history is there – my family, my friends. It is too difficult to leave your history behind. The road into exile is something you are obliged to do. It’s not a decision, it’s a question of life or death.
Index: How is life in Belgium, being away from your wife and children?
Munyaneza: It is very difficult for me to continue to live far from my family ties. I miss my children. I remain in this state of powerlessness, unable to do anything for them, to educate them or speak to them. It is difficult to sleep without knowing under what roof they are sleeping.
Index: How has your time in exile affected your work?
Munyaneza: On the work front, there is the film which is making its way. It has been chosen for lots of festivals and awards. I have just got the prize (trophy) for best documentary at the African Movie Academy Award 2018. I was invited but I couldn’t go. I lead a double life, my helplessness away from my loved ones, and the success of the film on the other. I have been invited to several festivals to present my film, but I don’t have the right to leave the country because of my refugee status. I am under international protection here in Belgium.
Index: You have returned to your home country on several occasions to film footage for your films. What dangers are your putting yourself in by doing this? And what drives you to take these risks?
Munyaneza: I risked going back to Burundi in July 2016 and in April 2017 to finish my film. To be honest, I didn’t know how the film was going to end up and sometimes I believed that by negotiating with the politicians it could take end up differently. When you are outside (the country) you get lots of information both from pro-government people and from the opposition. The artist that I am I wanted to go and see for myself and film the situation as it was. Perhaps it was a little crazy on my part but I felt an obligation to do it.
Index: Your most recent film, Uncertain Endings, looks at the violence the country has faced since 2015. In it, you show the repression of peaceful protesters. Why are demonstrators treated in such a way and what does this say about the future of the country?
Munyaneza: The selection of Pierre Nkurunziza as the candidate for the Cndd-FDD after the party conference on 25 April provoked a wave of demonstrations in the country. The opposition and numerous civil society bodies judged that a third term for President Nkurinziza would be unconstitutional and against the Arusha accords which paved the way for the end of the long Burundian civil war (1993-2006). These young people are fighting to make sure these accords, which got the country out of a crisis and have stood for years, are followed. Unfortunately, because of this repression, we are back to where we started. In fact, we are returning to the cyclical crises which has been going on in Burundi since the 1960s. But what I learnt from the young people was that the Burundian problem was not based on ethnic divides as we were always told. There were both Hutu and Tutsi there, both taking part in defending the constitution and the Arusha accords. It is the politicians who are manipulating us.
Index: Do you hold out any hope of improvements in Burundi? Do you hope one day to be able to return to your home country?
Munyaneza: After the rain, the sun will reappear. Today it’s a little difficult, but I am sure that politicians will find a way of getting out of this crisis so that we can build this little country. I am sure that one day I’ll go back and make films about my society. I don’t just have to tell stories about the crisis. Burundi is so rich culturally, there are a lot of stories to tell in pictures.[/vc_column_text][vc_video link=”https://www.youtube.com/watch?v=mnGPlAd1to8&t=24s”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1543844506394-837bd669-b5fd-5″ taxonomies=”29951, 15469″][/vc_column][/vc_row]
