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Burundi Takes Steps to Decriminalize Journalism
February 16, 2024 11:29 AM
By Pierre Claver Niyonkuru
The Burundi government this month adopted a bill to abolish prison sentences for journalists over ethics complaints.
The new bill instead recommends fines of between $350 (1,000,000 Burundi Francs) and $523 (1,500,000 Burundi Francs) for media workers determined to have violated journalism ethics.
The National Communication Council monitors the media and refers cases to a judge if it believes a journalist or media outlet has violated ethics. A judge then determines the fine based on the gravity of the alleged offense.
A majority of media workers welcomed the move, but some have reservations about the changes.
Others say that if Burundi is serious about press freedom it should release Floriane Irangabiye, a commentator and program host of Radio Igicaniro, who is serving a 10-year sentence.
Authorities detained Irangabiye in August 2022, and a court in January 2023 convicted her of endangering the integrity of Burundi’s national territory.
The media bill was adopted unanimously at a February 9 Cabinet chaired by President Evariste Ndayishimiye.
The spokesperson for the Burundi government, Jerome Niyonzima, later told reporters, “To be on the same page with other advanced democracies with regard to news writing and news reporting, it is imperative to abolish the prison time punishment, and instead impose a heavy fine to anyone who goes against journalism ethics.”
Niyonzima used to work in journalism, including as a freelancer for VOA.
The Burundi Journalists Alliance (BJA) welcomed the decision.
“This decision definitely demonstrates that the country has made strides with regard to the promotion of free speech,” said Melchior Nicayenzi, who is part of the alliance. “We can never say that journalists are perfect. They can make mistakes like other people. However, when they make mistakes while trying to get to the bottom of a story, they should not belong to prison.”
Journalists and human rights activists have been advocating for the eradication of the old law governing media for over 12 years.
Some media organizations in Burundi were skeptical of the decision, questioning whether it may have been taken to appease advocates of the free press who are pushing Burundi to free Irangabiye.
Prosecutors in Irangabiye’s case said the journalist and her guests on a radio show had criticized the government and accused them of repressing citizens’ rights, the Committee to Protect Journalists reported at the time.
Christine Kamikazi, who has also been jailed for journalism ethics-related charges, is also skeptical of the bill.
“Some questions persist in my mind. Will the practice of arresting journalists and jailing them prior to conducting [an] investigation, prevail or is [the] investigation coming first, prior to jailing journalists?” she asked.
In 2019, when Kamikazi was working for the newspaper Iwacu, she and three colleagues were arrested in Bubanza province. Authorities charged them with “endangering state security and for collaborating with rebel groups.
The group were finally freed in December 2020 under a presidential pardon.
Alexandre Niyungeko, of the Burundi Union of Journalists, also has reservations.
“Nothing reassures us that, even if implemented, the law will be applicable right away nor do we have to be naïve and think that the press freedom is a given right to journalist, going forward,” he said.
Niyungeko says that if a government is truly interested in promoting press freedom, “it has first of all to free jailed journalists.”
Before the bill becomes law, it must go through several more steps.
The communications minister will oversee changes to the 2018 media law, and when that is finalized, the bill will go to both chambers, and then the president, to be signed.
This story originated in VOA’s Central Africa service.
Copyright © Feb 2024 Voice of America. All Rights Reserved.
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