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n The Committee to Protect Journalists (CPJ) has called on the Congolese authorities to immediately release journalist Pius Romain Rolland Ngoie and reform their country’s laws to decriminalize defamation. nnnn On December 22, 2020, judicial police arrested Ngoie, a reporter who covers the country’s parliament for the privately owned Depeche.CD news website, while he was at the office of the National Press Union of the Congo (UNPC) in Kinshasa, the capital, according to media reports, Jonas Ngalamulume and Bazin Mpembe, two lawyers representing Ngoie, and Mimie Engumba, the director general of Depeche.CD, all of whom spoke to CPJ in phone interviews. nnnn Authorities arrested Ngoie in response to a November 25 criminal defamation complaint filed by Albert Fabrice Puela, a local politician, who alleged that the journalist falsely accused him of demanding payment from another politician as blackmail, according to Mpembe and a copy of the complaint reviewed by CPJ. nnnn Ngoie’s accusations were made while he appeared as a guest on the YouTube-based political news and commentary show Non à la Balkanisation TV, according to Mpembe and a post on Puela’s Facebook page, which included a copy of the broadcast. Engumba told CPJ that in addition to his work for Depeche.CD, Ngoie frequently appears on commentary shows about politics and current events. nnnn On December 24, authorities transferred Ngoie from the custody of the public prosecutor to Makala Central Prison, also in Kinshasa, according to his lawyers. Article 74 of the Democratic Republic of the Congo’s penal code, which Puela referenced in his complaint, provides for a maximum prison term of one year and/or a fine for criminal defamation convictions. nnnn “Congolese authorities should unconditionally release journalist Pius Romain Rolland Ngoie and cease prosecuting him immediately,” said Angela Quintal, CPJ’s Africa program coordinator. “Decades after independence, the Democratic Republic of the Congo’s colonial-era criminal defamation laws remain a threat to press freedom. The country’s legislation should be reformed to protect, not jail, journalists.” nnnn Mpembe told CPJ that Ngoie and Puela reached a compromise on February 3, and that during a court hearing the same day the prosecutor requested the journalist be sentenced to two months in detention. Following another hearing today, Mpembe told CPJ by messaging app that a ruling on Ngoie’s case had been postponed, and they were waiting for a new court date. nnnn Jasbey Zegbia Wembulu, the secretary-general of the National Press Union of the Congo, an independent trade group, told CPJ over the phone that Puela had also filed a complaint against Ngoie with the Discipline and Professional Ethics Commission, a self-regulatory media body, and it was under review when he was arrested. nnnn On December 23, an official from the public prosecutor’s office interrogated Ngoie about his source for the blackmail allegations, which he refused to disclose, Zegbia Wembulu and the journalists’ lawyers said. nnnn In his November 25 complaint, Puela wrote, “These extremely serious comments are false across the board and seriously undermine my reputation,” and added that excerpts of the video featuring Ngoie had “gone viral” on social media. On December 23, Puela again denied the allegations in a post on his Facebook page. nnnn CPJ messaged Boku Mbaka, the prosecutor responsible for Ngoie’s case; the message was marked as read, but received no response. nnnn CPJ emailed and texted Puela for comment, but he did not respond. n

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nnn April 7, 2020, Mozambican journalist Imbrahim Abu Mbaruco sent a desperate text message. “Surrounded by soldiers,” he wrote, from the Capo Delgabo province. nnnn That was the last he was heard from or seen. nnnn Several organisations including the Committee for the Protection of Journalists, The African Editors Forum have called for a proper investigation into his disappearance and have called on the Mozambican authorities to hold those responsible accountable. nnnn Last year, the two organisations joined 17 others who wrote a joint letter to Mozambican president Felipe Nyusi, requesting justice for Mbaruco and his family. Nothing has happened ever since. nnnn To mark the anniversary of his disappearance, the organisations, supported by others, have renewed their calls for a probe. nnnnnn This is the full text of the letter: nnnn April 27, 2020 nnnn His Excellency the President of the Republic of Mozambique, Filipe Jacinto Nyusi Avenida Julius Nyerere, PABX 2000Maputo, Mozambique nnnn Your Excellency, nnnn Re: Open Letter of Concern on Declining Human Rights Situation in the Northern Province of Cabo Delgado, Mozambique. nnnn We, the undersigned civil society organizations write to express our grave concern with the deteriorating human rights situation in northern Mozambique, particularly reports of violence against citizens by state security forces including the Rapid Intervention Unit (UIR) and the Special Operations Group (GOE), as well as the harassment and intimidation by these same forces of civil society groups (CSOs) and journalists simply for doing their work in the region. We are especially concerned with the enforced ​disappearance on April 7, 2020, of radio journalist, Ibraimo Abú Mbaruco, whose last known communication was of being “surrounded by soldiers”.1 nnnn While we share the Mozambique government’s deep concern with the ongoing security crisis in Cabo Delgado, that has in recent months seen an ​alarming escalation of violence against residents and state infrastructures2, and recognize that the government has a right and duty to ensure the safety of citizens from insurgent attacks, we reiterate that an effective counter terrorism strategy must respect and affirm rights, including the right to freedom of expression and media freedom. nnnn On April 7, 2020, ​Mbaruco​, a young journalist with Palma Community Radio broadcaster was reported missing. He forcibly disappeared shortly after leaving work around 6pm. He sent a text message to his colleague that he was “surrounded by soldiers”.3 Mbaruco has not been seen or heard from since. His disappearance mirrors the case of journalist ​Amade Abubacar​, who was in nnnn 1Committee to Protect Journalists, Radio journalist Ibraimo ​Abú ​Mbaruco missing in Mozambique, April 17, 2020, available at https://cpj.org/2020/04/radio-journalist-ibraimo-mbaruco-missing-in-mozamb.php​. ​See​ also Media Institute of Southern Africa (Mozambique), Mozambican journalist, Ibraimo Abu Mbaruco Missing, April 10, 2020, available at https://misa.org/news/mozambican-journalist-missing/?fbclid=IwAR2uyRWI06v-7JzhrzNXSwhwQW4ezDanPmnZYCGWWDj CfSgYh4qo9fFwnYE​. nnnn 2 Amnesty International, Mozambique: Authorities must do all needed to lawfully protect people in Cabo Delgado, March 23, 2020, available athttps://www.amnesty.org/en/latest/news/2020/03/mozambique-authorities-must-do-all-needed-to-lawfully-protect-people-in-cabo -delgado/​. nnnn 3 Id. Supra note 1. nnnn January42019 arrested by soldiers and ​arbitrarily held in incommunicado detention for three months. nnnn Disturbing images have been circulating depicting state security forces of UIR and GOE stopping and assaulting passersby from Paquitequete neighborhood in the City of Pemba. On April 14, 2020, UIR and GOE forces detained for two hours the Pemba-based STV journalist, Hizidine Achá, ​confiscated his cellphone and forced him to delete images on his camera. The images showed the officers assaulting people.5 The brutal assault of people is in direct violation of the right to life, physical and mental integrity and the right to be free from torture, and other ill- treatment, as guaranteed under Article 40 (1) of Mozambique’s Constitution. nnnn Earlier, in March 2020, it was ​reported that the Defense and Security Forces (FDS) were carrying out “raids” against residents in the nine affected districts of northern Mozambique, by stopping and interrogating individuals, subjecting them to arbitrary searches, and arresting any individuals whose electronic device contained audio messages or information on WhatsApp, Facebook or Twitter, relating to the attacks.6 Non-governmental organizations’ workers and journalists have been the primary targets of these actions. nnnn These “raids” coupled with repeated restrictions on journalists attempting to cover the situation in the region corroborate conclusions of a systematic and deliberate effort to restrict access to information about the extent of the crisis in Cabo Delgado. We respectfully remind the government of Mozambique of the ​critical role that the right to freedom of expression and media freedom, can play in promoting equality, combating intolerance, and keeping people informed​.7 nnnn The security forces recently imposed an undeclared and therefore unjustified ​curfew from 7 pm to 5 am, in Pemba claiming that Paquitequete residents hide “insurgents” by allowing them to infiltrate groups of internally displaced persons who have fled attacks from the neighboring areas of Mocímboa da Praia, Macomia, Quissanga, Quirimbas, and Ibo island.8 The night curfew has also been reported in Palma city. nnnn There is a ​crisis in Mozambique that grows more sophisticated by the day. Since the violence began in 2017, over ​900 people have been killed and ​hundreds of thousands displaced. The humanitarian crisis has been exacerbated by the continuing effects of ​Cyclone Kenneth and now nnnn 4 American Bar Association, Center for Human Rights, Preliminary concerns on the arrest and detention of Mozambican Journalist, Amade Abubacar, January 11, 2018, available at https://drive.google.com/file/d/0B8HSIbsQeYKQNnIzTjYtRkpmZTRpX0F0bHBFQklnX2p1ZVA4/view​.5 Zitmar News, Palma journalist still missing as police continue harassment in Cabo Delgado, April 15, 2020, available at https://zitamar.com/palma-journalist-still-missing-as-police-continue-harassment-in-cabo-delgado/ nnnn 6 Carta de Mozambique, Attacks in Cabo Delgado: SDS hands out “combs” to citizens and military personnel in the nine affected districts, March 12, 2020, available at https://cartamz.com/index.php/politica/item/4645-ataques-em-cabo-delgado-fds-passam-pente-fino-a-cidadaos-e-militares-nos-no ve-distritos-afectadosp​. nnnn 7 U.N Office of the High Commissioner, ​Joint Declaration on Freedom of Expression and Countering Violent Extremism,https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19915&LangID=E​.8 Financial Times, Mozambique’s Islamist insurgency adds to gas industry nerves, April 21, 2020,available at https://www.ft.com/content/c6e7bdba-bd0e-4be9-983e-3cdc54237fb8​. nnnn the challenges presented by the global ​COVID-19 pandemic.9 It is concerning that Mozambique’s response to the insurgent threats has been ​marred by allegations of human rights violations and abuses including extra judicial killings, arbitrary arrests and denial of access to information about what is happening in Cabo Delgado.10 It is not surprising that this has ​resulted in concerns of alienation and mistrust in the communities. We echo warnings by ​United Nations Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, Ms. Fionnuala ​Ní Aoláin, “[m]any violent extremism prevention … Read more

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