Safety Protocol and Manual for Journalists Staying Safe

8/11/2019 Safety Protocol and Manual for Journalists Staying Safe

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SAFESTAYING

A PROTECTION GUIDE FOR JOURNALISTS IN KENYA

A publ ication of the Kenya Media Working Group


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SAFE

STAYING


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Copyright Kenya Media Working Group, 2014

Any reproduction, modification, publication, transmission,

transfer, distribution, display or exploitation of this

information, in any form or by any means, or its storage

in a retrieval system, whether in whole or in part, is

acceptable with the acknowledgement of the Kenya Media

Working Group.

Published in Kenya by the Kenya Media Working Group

with support from Kenya Media Programme - Hivos

August 2014

Design and Layout: Kobole Designs Ltd.

Print Production: Apex Printers, Nairobi


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When journalists security is compromised, their survival instinct kicks in and, inevitably, theirattention turns to the question: Whom should I call? The following contacts are providedas essential focal points that can easily be reached for advice and, where possible, urgentassistance.

1. African Media Initiative, [email protected]

2. Article 19, [email protected]

3. Association of Media Women in Kenya, [email protected]

4. Committee to Protect Journalists, [email protected], +254 789 758 633

5. East African Journalists Defence Network, +254 727 862 330

6. International News Safety Institute, [email protected]

7. Kenya Media Programme, [email protected]

8. Media Council of Kenya, [email protected]

9. National Coalition for Human Rights Defenders, [email protected]

10. Protection International, [email protected]

11. Kenya Union of Journalists, [email protected]

12. Kenya Parliamentary Journalists Association -- [email protected] (254-2) 2221291

13. Community Radio Association of Kenya -- +254 722 901 422 / +254 732 542 146;Email: [email protected]

14. Twaweza Communications, [email protected]

USEFUL CONTACTS


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Contents

USEFUL CONTACTS ......................................................................................................................... 5

Part I:

A PROTOCOL FOR THE SAFETY AND PROTECTION OF

JOURNALISTS IN KENYAPreamble .............................................................................................................................ii

Section I: Denitions.........................................................................................................iiiSection II: Scope of the Protocol .....................................................................................iv

Section III: Objectives of the Protocol ............................................................................vi

Section IV: Target Audience, Roles and Responsibilities ...........................................vii

Section V: Framework for the safety and protection of journalists in Kenya ...........viii

Section VI: Final Provisions ..............................................................................................ix

Endnote .............................................................................................................................. ix

Appendix 1 .......................................................................................................................xi

Part II:

A MANUAL FOR THE SAFETY AND PROTECTION OF

JOURNALISTS IN KENYA

INTRODUCTION ............................................................................................................................... 1

ABOUT THIS MANUAL..................................................................................................................... 5

WHAT EVERY JOURNALIST NEEDS TO KNOW ......................................................................... 6

Legal Environment ............................................................................................................ 6

BASIC PREPAREDNESS: PRE-ASSIGNMENT ............................................................................... 8

SAFETY AND SECURITY .................................................................................................................. 8Risk assessment checklist ................................................................................................. 8

Essential items ................................................................................................................. 10

RESPONDING TO RISK .................................................................................................................11

HOW TO COVER OR CONTEND WITH DEATH THREATS AND INTIMIDATION ..................12

Surveillance and Counter Surveillance ....................................................................... 13


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Demonstrations and other disturbances ..................................................................... 14

Accident, re, and rescue scenes.................................................................................. 15

Organised crime and corruption .................................................................................. 16Planning an investigation ............................................................................................... 17

Approaching hostile subjects ........................................................................................ 18

Accessing information .................................................................................................... 19

Collaborative effort ......................................................................................................... 19

Crime and terrorist scenes ............................................................................................. 20

Transportation and equipment ..................................................................................... 20

Arrest, detention ............................................................................................................. 21

Kidnapping and carjacking............................................................................................ 22

Police threats.................................................................................................................... 22

ARMED CONFLICT ......................................................................................................................... 26

Embedded or unilateral ................................................................................................. 26

Checkpoints ..................................................................................................................... 28

SPECIFIC MEASURES FOR WOMEN JOURNALISTS ...............................................................30

Sexual harassment .......................................................................................................... 30

COMMUNICATION AND INFORMATION SECURITY ............................................................... 32

The Internet...................................................................................................................... 33

BASIC ELEMENTS ..........................................................................................................................36

Press credentials.............................................................................................................. 36Ethics and security .......................................................................................................... 36

Security in the Workplace .............................................................................................. 37

Working with the foreign Press ..................................................................................... 38

Bloggers and citizen journalists .................................................................................... 39

YOU AND YOUR HOME: KEEPING YOUR FAMILY SAFE ......................................................... 40

Your health matters ......................................................................................................... 40

Family security ................................................................................................................. 41

Post-assignment .............................................................................................................. 41

Taking care of yourself ................................................................................................... 43Appendix I: Pre-Assignment Security Assessment ..................................................... 44

Appendix II: Incident reporting format ....................................................................... 47

Appendix III: A toolkit for risk assessment and safety measures .............................. 48

PART ONE: Risk assessment ......................................................................................... 49

PART TWO: Safety measures ......................................................................................... 49

NOTES ..............................................................................................................................................51


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FOREWORDangles, we are aware that some areas mayrequire deeper focus. This manual is beingoffered as a living document, to be adjustedand updated to respond to the inevitablechanges in our society.

The project is divided into two parts. Therst is a national Protocol, which sets theframework for the safety guide. Alongsidethe Protocol is what we consider a criticalcorollary, a 10-point Charter for MediaOwners and Managers, which commitsthem to a number of obligations intendedto make the journalists environment saferthan it is currently. It is hoped that as manyof them as care for the safety of their humancapital will sign the charter and therebygive this whole project some practicalmeaning. The second, and larger part, istaken up by a discussion of practical andtested guidelines that journalists can andshould adopt to secure their safety.

For this seminal and groundbreakingproject, we are grateful to the Kenya MediaProgramme and Hivos, without whosesupport and encouragement we wouldnot have been able to undertake let aloneaccomplish the task. We are also gratefulfor the encouragement we received fromthe media owners/executives, editors and

journalists with whom we interacted totest our hypothesis and validate our manyassumptions. We hope the manual willserve its intended purpose and that it will

form a valuable addition to the curricula ofjournalism training schools.

The idea of producing a safety guide forjournalists had not quite taken root whenwe came together as a media workinggroup. Our primary interest then was toexplore the media landscape to nd out thestatus of journalists safety and protectionwhen discharging their duties. It was theastonishing results of the subsequentNational Baseline Survey on Journalists

Safety and Protection that motivated andguided our foray into the complex butessential realm of safety and protectionguides.

With funding from the Kenya MediaProgramme, which is a programmeof the Dutch humanist organisation,Hivos, our rst step was to consolidatethe ndings of the baseline survey andits recommendations. We then delvedinto a sampling of international safetyguides for journalists and tried to discern

their common denominators. Finally, aworking draft in hand, we sat with variousmedia representatives drawn from abroad spectrum of the industry eldcorrespondents, newsroom journalists,editors, and media executives/owners,

journalists and editors associations toreview the draft. The feedback helpedimprove the draft, which we nallypresented to a select representative groupof the industry for input and validation.

The content in the following pages is the

result of that exhaustive but decidedlyrewarding process and while we wouldlike to think we have covered all possible


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Prof Kimani Njogu, Twaweza Communications

Wangethi Mwangi, African Media Initiative

Tom Rhodes, Committee to Protect Journalists

Ivy Kihara, Protection International, Kenya

Dr. Haron Mwangi, Media Council of Kenya

Victor Bwire, Media Council of Kenya

Patrick Mutahi, Article 19

Kamau Ngugi, National Coalition of Human Rights Defenders - KenyaKenya Media Programme - Hivos

THE PROJECT TEAM


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i

Part I:A PROTOCOL FOR

THE SAFETY AND

PROTECTION OF

JOURNALISTS IN

KENYA


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iii

to individuals, groups and associations

contributing to the effective eliminationof all violations of human rights andfundamental freedoms of peoples andindividuals. In accordance with this broadcategorization, human rights defenderscan be any person or group of personsworking to promote human rights .Assuch defenders can be ordinary citizens,government ofcials, civil servants,

journalists or members of the private sector.

Safety

Safety in this Protocol is dened as freedomfrom risk or harm as a result of unintentionalacts such as accidents, natural phenomenaand illness (Protection International. www.protectiononline.org)

Security

Security refers to the freedom from riskor harm resulting from violence or otherintentional acts.

ProtectionProtection refers to measures taken toinuence other actors to enhance securitysuch as deterrence, evacuation, hidingor any other support that will minimizethe consequences of risk. (ProtectionInternational. www.protectiononline.org)

Risk

There is no widely accepted denition ofrisk. However, in this report risk refers to

possible events, however uncertain, thatresult to harm. (Protection International.www.protectiononline.org)

Have agreed on the following:

Section I: Definitions

A journalist

Is a person employed to regularly engagein gathering, processing and disseminatingnews and information to serve the publicinterest. (See endnote for details)

A Correspondent

A correspondent is a person who is engagedby a media house to gather news andinformation on its behalf under a mutuallyagreed compensation arrangement.

Freelance

A freelance journalist is a free contentgathering agent not beholden to anymedia house.

Citizen journalist

This Protocol borrows from New YorkUniversity journalism professor Jay Rosensdenition of citizen journalism: When thepeople formerly known as the audienceemploy the press tools they have in theirpossession to inform one another, thatscitizen journalism [source: Jay Rosen,http://pressthink.org]

Thus a citizen journalist is any member ofthe public who, of his/her free will gathersinformation and shares it with others for

public consumption.

Human rights defender

For purposes of this Protocol we haveadopted the UN Declaration on HumanRights Defenders perspective, which refers

A PROTOCOL FOR THE SAFETY AND PROTECTION OF JOURNALISTS IN KENYA


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v

1. 11 It is envisaged that this Protocol once

implemented will have an importantimpact on freedom of expression andof the media by minimising currentbarriers to journalists activities. It willlikely also increase the autonomy ofmedia practitioners and minimiseincidents of interference in their work.When media practitioners are freeand secure, they are able to gather,research, report and disseminatecritical information in the publicinterest without fear of intimidation,threats and harm. They will,

therefore, be able to discharge theirresponsibilities effectively becausethey feel safe to do so.

1. 12 This Protocol will also enhanceprofessionalism and accountability inthe sector. Media have an obligationto society, which may be viewedfrom two dimensions: Ethical andperformance. Ethically, media areexpected to behave professionallyby being honest in seeking truthand reporting it; minimising harm by

treating sources and subjects withrespect and showing good taste;acting independently by freeingthemselves from obligations otherthan the publics right to know; andbeing accountable to their consumers.

1. 13 In terms of performance, mediaare expected to generate anddisseminate content that is in thepublic interest. By their nature,media have the power, privilege andpotential to do harm. Recognisingthis, society demands that journalistsbe able to answer to the public, clientsand professional colleagues about thedecisions they make and the contentthey carry. Secure media advanceprofessionalism and accountabilitybecause journalists are able to seek

and localised. This development

presents new challenges and threatstowards the press, especially at thecounty level. According to MediaCouncil of Kenya statistics, journalistsare at greater risk in more rural,county-level settings than in themajor urban centres. In addition, theinstitutional support towards thosebased at the county level (includingcorrespondents and freelancers) isconsiderably less than that providedto full-time staff members.

1. 9 There is a need, therefore, forstructural considerations to mitigatethe challenges mentioned above.Hence the development andimplementation of this Protocol.

1. 10 The overall objective of the Protocol isto ensure that journalists operate in asafe and secure environment and areable to carry out their duties openly,upholding their constitutional right tofree expression. This can be realisedby undertaking a number of actions

such as the following:

i. Establishing a mechanism forcontinuous monitoring of theenvironment;

ii. Identifying and assessing risks;

iii. Adopting clear measures withroles and responsibilities tomitigate risks;

iv. Enacting policies to enhancejournalists safety;

v. Taking appropriate action toprotect journalists in danger,and

vi. Taking immediate action totackle the issue of impunityby thoroughly investigatingand prosecuting attacks on

journalists.



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and protection at both the county and

national levels. It will be instrumentalin enacting journalist-friendlylegislation and proper allocation ofresources as well as institutionalisetraining in, among other critical areas,risk assessment, mitigation, andsecurity preparation for the media.

1. 17 Stakeholders can adapt the Protocolto suit their specic circumstancesin the enhancement of the safety,protection and security of journalists.

Section III: Objectives of the

Protocol

Article 2: is Protocol is framed

along the following specic

objectives:

2.1 To provide a guideline for thedevelopment of a training manualfor the safety and protection of

journalists.

2.2 To function as a guideline to sensitiseState and non-State actors on therights and roles of journalists at thecounty and national levels.

2.3 To provide guidelines designed toinuence public policy for the safetyand protection of journalists.

2.4 To provide a guideline to enhancecoordination among local and

international bodies engaged in thesafety and protection of journalists.

reliable and credible information,

provide balanced reporting andenhance public trust in the sector.Insecure journalists cannot serve thepublic optimally.

1. 14 Furthermore, this Protocol willcontribute to improving the qualityand diversity of media content.Implicit in the contract with the publicis the understanding that media playa watchdog role over governmentand people in positions of power. Thisrequires that journalists investigate

events in society, package theirreports and disseminate them in amanner that the public is able to makedecisions about its leaders and othermembers of society. But investigativereporting cannot be undertaken in anatmosphere of fear and insecurity.

1. 15 Finally, this Protocol speaks to the issueof the medias key role in promotinggreater freedom and democracy insociety. Secure media are active inundertaking research, reporting on

the excesses of national and localleaders, reporting human rightsviolations, exposing corrupt practicesand proling leaders committed todemocratic practices and accountablegovernance. Thus, secure media areat the core of creating an informedcitizenry and advancing humanisingideals. An informed society can thenmake decisions about its future byparticipating in free and fair electionsand working with journalists toaddress the political, economic,social, cultural and environmentalchallenges that they face.

1. 16 This Protocol is an advocacy andlobbying tool designed to inuencepolicies relating to journalists safety



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and ensure media violations are

investigated and punished.

3.3 The Judiciary: Awareness raising intheir rulings relating to media on theimportant role of journalists.

3.4 The Legislature: Have a responsibilityto enact facilitative and enablinglaws that promote a safe, healthy andvibrant media sector.

3.5 Constitutional Commissions: Have aresponsibility to monitor and ensure

effective implementation of theConstitution.

Article 4: Non-state actors

comprising:

4.1 Civil Society Organisations andacademia: Have a responsibility topromote awareness of the mediassocial role and offer training in

journalists safety, protection andsecurity to complement the efforts ofmedia organisations. In addition, they

are a critical player in the promotionand defence of civil rights, includingthose of journalists.

Article 5: Media actors comprising:

5.1 Journalists: Their primary duty is togather information. They have aresponsibility to think of their safety,protection and security rst.

5.2 Media owners and managers: Asinvestors, owners and managersof news enterprises, they have aparticular obligation to ensure theestablishment of appropriate policiesand mechanisms that guarantee thesafety, protection and security of theirworkers. This includes provision ofappropriate and adequate training

Section IV: Target Audience,

Roles and Responsibilities

This Protocol identies the followingactors as key stakeholders and placesspecic obligations on each in furtheranceof its objectives. In particular, and asrecommended by the UN Plan of Actionfor the Safety of Journalists and the Issueof Impunity, State authorities have anobligation to promote a safe and enablingenvironment for journalists to perform theirwork independently and without undue

interference, including:i) Establishing legislative measures;

ii) Awareness-raising in the judiciaryand among law enforcement ofcersand military personnel, as well asamong journalists and in civil society,regarding regional and internationalhuman rights, and humanitarianlaw obligations and commitmentsrelating to the safety of journalists;

iii) The monitoring and reporting of

attacks against journalists;iv) Publicly condemning attacks; and

v) Dedicating the resources necessaryto investigate and prosecute suchattacks in order to end the impunityenjoyed by perpetrators.

Article 3: State actors comprising:

3.1 The Executive: Responsible forensuring the general safety, protectionand security of the citizenry.

3.2 National Police Service: Obliged tohave a better understanding andappreciation of the medias criticalsocial role. The Service shouldincorporate a course in its trainingcurriculum on the role of journalists



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Survey on the Safety and Protection of

Journalists in Kenya as well as internationaland regional conventions relating to thesame issue. The key references in thisregard are:

6.1 Personal safety and security

6.2 Pre-assignment risk assessment orscenario mapping (See Appendix II)

6.3 Documenting and reporting incidents(See Appendix III)

6.4 Risk awareness and protectivemeasures during assignment (SeeAppendix IV, A toolkit for riskassessment and safety measures)

6.5 Basic knowledge of First Aid

6.6 Training on how to cover dangerousassignments such as armed conict,organised crime and corruption,demonstrations, situations of internaldisturbances and tensions such asriots, isolated and sporadic acts of

violence and other acts of a similarnature; natural disasters; diseaseoutbreaks; political rallies; footballmatches; conict or hostile situations.

6.7 Training on and awareness of how toprotect oneself from tear gas.

6.8 Awareness of how to cope with oravoid the following situations: Arrest,detention, kidnapping and carjacking;sexual harassment and how to dealwith intrusive subjects.

6.9 How to secure a safe haven

6.10 How to deal with law enforcers

6.11 The importance of a contacts list

6.12 Awareness of peculiarities of localareas/assignment location.

and resources particularly when

covering conict situations. It alsoincludes taking prompt action when

journalists safety is threatened. (SeeAppendix1: 10-point Charter formedia owners and managers)

5.3 Editors: As newsroom managersand the individuals responsible for

journalists assignments, they havea particular responsibility to ensurethey do not unnecessarily exposethem to harm. They are obliged tobrief them sufciently and take any

necessary measures to mitigate therisks. They are also obliged to take upand vigorously pursue any reportedcases of threats to journalists safety.

5.4 Media training institutions: Theirprimary duty is to nurture talent andit behoves them to incorporate acourse on journalists safety, securityand protection in their curricula.

5.5 Media regulatory bodies: Theirprimary duty is to ensure the

promotion and maintenance ofhigh professional standards in theindustry. They are called upon alsoto include an element of journalistssafety, protection and security intheir purview and to monitor mediaviolations.

Section V: Framework for

the safety and protection of

journalist s in KenyaArticle 6: The following basic frameworkhighlights the critical elements of an idealor desirable safety and protection manualfor journalists, which has been developedalongside this protocol. It is informed bythe ndings of the 2013 National Baseline



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by stakeholders. A special tool shall be

developed for this purpose.

Article 13: Amendments

The Protocol is designed as a livingdocument and shall be reviewed regularlyto adapt it to changing circumstances.Any proposed amendments shall becommunicated to the custodian who shall,thereafter, coordinate the amendmentprocess through involvement of theStrategy Centre for Media Safety and otherkey stakeholders.

Endnote

Just who is a journalist? Not so long ago,one could get away with the denition of a

journalist as someone employed by a mediahouse to gather, process and disseminateinformation for public consumption. Today,thanks to the Internet and its dramaticrevolution of information ow, the notion ofa journalist as simply an individual trained

and employed to generate, process orpurvey information in no longer tenable.If anything, society is increasingly tendingtowards a more inclusive denition, whichfocuses more on the function of journalismthan on the people who actually performthat function.

An instructive example of this is the UNHuman Rights Committee, which denes

journalism as, a function shared by a widerange of actors, including professionalfulltime reporters and analyst, as well as

bloggers and others who engage in formsof self-publication in print, on the Internetor elsewhere. [General Comment No. 34 onArticle 19 of the International Conventionon Civil and Political Rights].

At the other end of the spectrum, though, isthe denition that guides the Media Council

6.13 Other topics: Ethics and security; you

and your home, keeping your familysafe; dealing with death threats andintimidation.

6.14 Post-assignment: Coping withsustained risks (on-going risks);coping with trauma and stress.

Section VI: Final Provisions

Article 7: Dissemination

This Protocol shall be disseminated aswidely as possible.

Article 8: Signature

The Protocol shall be open for signatures bymedia actors and other key stakeholders.

Article 9: Ratication

The Protocol shall be ratied as soon aspossible and deposited with the Media

Council of Council.

Article 10: Custodian

The Media Council of Kenya shall be thecustodian of the Protocol.

Article 11: Entry into force

This Protocol shall enter into forceimmediately it is ratied.

Article 12: Monitoring and

implementation

The Media Council of Kenya shall monitorthe implementation and application ofthis Protocol in close liaison with theStrategy Centre for Media Safety andsuch other body as shall be agreed upon



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of Kenya. With an unmistakable overtone of

tradition, it recognises a journalist as anyperson who holds a diploma or degree inmass communication from a recognisedinstitution of higher learning and isrecognised as such by the Media Councilof Kenya; or any other person who was

practising as a journalist immediately beforethe commencement of the Kenya Media Act2013, of who holds such other qualicationas are recognised but eh Council; earns aliving from the practice of journalism, orany person who habitually engages in the

practice of journalist and is recognised as

such by the Council.

The dilemma then is to reconcile these twopropositions. Signicantly, the Councilsdenition leaves plenty of room toaccommodate a whole slew of actors.

For purposes of this Protocol, which is aboutthe safety and protection of journalists,it seems critical to emphasise that theprimary target audience in the huge bodynewsroom staff, whether salaried or oncommission basis, who expect a duty

of care from their employer, manager,contractor or supervisor in terms of theirsafety and protection.

In other words, unlike bloggers and otherindividuals who engage in forms of self-publication in the many available mediaplatforms, this category comprises mediaactors who serve as agents of a principal,who is, in turn, obliged to ensure theirsafety.

We think that the other key element to

consider is the public interest function ofjournalism. This is singularly critical as ithelps distinguish between self-serving actsof journalism and professional journalism.Essentially, it is the difference between

journalism grounded on ethics and thatgenre of discourse generated by citizen

journalists.

For purposes of this Protocol, we are

persuaded that any denition must attemptto marry the past with the present while atthe same time avoiding the temptation todilute the function of craft by presentingit as a free-for-all exercise with no rules ofengagement or a lofty social purpose.

In that regard, the denition of a journalistas someone employed to regularly engagein gathering, processing and disseminatingnews and information to serve the publicinterest, seems appropriately worded. It isone offered by media lawyer and University

of Dayton assistant professor JonathanPeters, and Edson C. Tandoc Jr. of theMissouri School of Journalism in a studyprompted by the Shield Law debate inthe United States. Note how it deliberatelyavoids any reference to qualications,academic or otherwise.



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Appendix 1

10-point arter for media owners, managers and editors to ensure

journalists safety

The State, media enterprises, owners, employers, managers and editors bear the greatestresponsibility to ensure effective protection for free speech and the safety and security --of journalists. Thus they are duty bound to establish a safe and enabling environment for

journalism, which is the declared and proper goal of the UNs Action Plan on the Safety ofJournalists and the Issue of Impunity. In this regard, they should establish security units in theirnewsrooms to implement, monitor and ensure compliance in respect of these requirements.

1. Assess and understand the element of risk and ensure the journalist is fully aware, issuehim/her with incident reporting guidelines and allow him/her the choice of refusal.

2. Journalists on dangerous or risky assignments should be given a hostile environmenttraining course, which teaches First Aid, basic rules to follow and psychosocial support.

3. Offer regular assignment-specic safety advice and training.

4. Insure journalists, including regular correspondents, against bodily harm, loss of life,property and equipment.

5. Provide legal protection and litigation support to ght impunity.

6. Provide relevant and adequate resources such as transport, protective gear and nancesto journalists on dangerous or risky assignments.

7. Offer continuous well-being, including debrieng and counselling, particularly post-

coverage of distressful assignments.

8. Have a comprehensive security management strategy, including an elaborateintervention and protection strategy for journalists such as an evacuation or relocationplan and a dedicated in-house security manager.

9. Establish a joint fund to cater for the safety of freelancers and correspondents oncommissioned assignments. The fund would be supported through an annual levy onall media houses and/or Media Council of Kenya revenues generated from nancialpenalties imposed on errant media houses and journalists.

10. Establish specic protection measures to address gender and cultural-sensitive issuessuch as sexual harassment.



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Part II:A MANUAL FOR

THE SAFETY AND

PROTECTION OF

JOURNALISTS IN

KENYA


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1

INTRODUCTION impart information or ideas; the freedomof artistic creativity; academic freedomand the freedom of scientic research.Freedom of the media is protected byArticle 34, which guarantees the freedomand independence of electronic, print andall other types of media.

The Constitution of Kenya, which waspromulgated in August 2010, guarantees,among other things, freedom of expression,media and access to information in Chapter4 on the Bill of Rights, specically Articles33, 34 and 35. At Article 33, the Constitutionunderlines the freedom to seek, receive or


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3

Kenya would be considered a safeenvironment for journalists

Admittedly, though, by world standards,

Kenya is still a fairly safe environment forjournalists to work in. Unlike its neighbour,Somalia, for example, it has never featuredin the lists of the most dangerous countriesfor journalists, which are regularlycompiled by non-governmental mediaorganisations like the Committee to ProtectJournalists, Article 19, Reporters WithoutBorders, Freedom House, the InternationalFederation of Journalists, the InternationalPress Institute and the Press EmblemCampaign (PEC)1.

Out of the PECs listed2 609 deaths ofjournalists in a ve-year period, whichtranslate to one journalist killed everythree days simply for stepping out of his/her house to do a public interest duty,four cases were in Kenya Trent Keegan3, a New Zealand photographer for Irishand New Zealand papers (May 28, 2008);Francis Nyaruri, a Weekly Citizen reporter(Jan 29, 2009), Bernard Wesonga of TheStar, Mombasa, March 21, 2013, andRulhila Adalia-Sood of Kiss TV, East FM, onSeptember 21, 2013, during the terrorist

attack at Westgate Mall. It is worth notinghere that, according to CPJ, sometimes themotives of the killings are either unknownor unconrmed.

Further, attacks against bloggers, politically

motivated surveillance of online contentand restrictive laws regulating speechonline are emerging as threats to Internetfreedom in Kenya.

In a baseline study conducted in December2012 by the Kenya Media Working Group,more than 70 per cent of the respondentssaid they were dissatised with the level ofsafety and security measures in place withintheir media houses. More illuminatingwas the nding that more than half of therespondents felt that media institutions

care more about the safety and protectionof their equipment and buildings than thesafety and protection of employees.

Further, the journalists felt that media houseslacked the resolve and will to investigateatrocities committed against their staff. Itis futile, they said, to expect authorities toinvestigate attacks on journalists especiallywhen the perpetrators are public ofcers.Moreover, media associations and theKenya Union of Journalists lacked thenecessary capacity to protect journalists,

according to the ndings of the survey.

INTRODUCTION

1. A Geneva-based independent NGO founded in June2004 by journalists from several countries to strengthenlegal systems and the safety of Journalists in conictzones. It publishes, with monthly updates, a list of

journalists killed in the line of duty. It focuses on work-related deaths among journalists, correspondents,freelancers, cameramen, sound technicians,technicians, photographers, producers, administrators,cyber-reporters and omits other media workers such asdrivers, guards, security staff and translators. Ref: http://www.pressemblem.ch/5037.html

2. The Philippines tops the list with 67 deaths, followed byPakistan (59), Syria (56, Mexico (55), Somalia (43), Iraq,40, Honduras, 29, Brazil (28), India (20) and Russia (19)-- Ref: http://www.pressemblem.ch/5037.html

3. Mr Keegan was found beaten to death in drainageditch in Nairobi on May 28, 2008. It was speculatedthat his death was linked to a land scandal he he wasinvestigating in Tanzania. See Kiwis death mystery inKenya at http://www.stuff.co.nz/national/5652366/Kiwis-death-in-Kenya-still-a-mystery


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However, it would be wrong to use killings

as the sole measure of how unsafe orinsecure an environment is for journalists.In its Media Development Indicators(MDI): A framework for assessing mediadevelopment4, UNESCO highlights thefollowing as critical determinants:

Threats, harassment or surveillanceof journalists and associated mediaworkers.

Physical attacks or unlawful detentionas a result of pursuing their legitimateactivities.

Forceful closure of media houses asa result of pursuing their legitimateactivities, or closure threats.

Evidence of a climate of impunity.

Lack of policies in media organisationsfor protecting the health and safety oftheir staff and freelancers.

Absence of measures of socialprotection covering all staff, includingtemporary and freelance employees.

Routine self-censorship by journalistsbecause of fear of punishment,harassment or attack.

Lack of legal protection and respectfor condentiality of sources.

One could add to this the tendency by

the political class to demonise, vilify anddenounce media houses and individual

journalists for holding them to account fortheir excesses, and denial of advertisingsupport for news outlets deemed to betoo critical of government. By enactingtwo contentious media laws in 2013 theKenya Information and Communications(Amendments) Act and the Media CouncilAct parliament inevitably facilitatedState control of the media by giving thegovernment oversight authority overmedia houses, and creating fear among

journalists and media houses who riskpunitive nes because of their reporting oncontentious issues, such as corruption andaccountability.

It is when judged against some of theseindicators that Kenyas image pales. Aclimate of self-censorship both at theindividual and corporate level, thrivesin such an environment, forcing them toslow down on critical investigative storiesfor fear of their lives as well as to avoidlosing advertising support, particularly

from government departments. This hasthe net effect of compromising editorialindependence, undermining publicinterest journalism, limiting the free ow ofinformation, and impeding the ability of thecitizens to make informed critical decisionswhen it matters most.

A MANUAL FOR THE SAFETY AND PROTECTION OF JOURNALISTS IN KENYA

4. A unique diagnostic tool for assessing national medialandscapes and identifying media developmentgaps. One relatively short section of theseindicators dealt with questions of journalists safety(paragraphs 3:13 and 3:14). www.unsesco.org/images/0016/001631/163102e.pdf


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6

Legal Environment

In addition to their professional training, Kenyan journalists need to understand the legalframework in which they operate. This means investing substantial time and energy tofamiliarise yourselves with the laws, policies and conventions relating to freedom ofinformation and expression, journalists safety and protection as well as professional andethical reporting. These give journalists full protection under both local and international

laws and oblige state and employers to invest in their safety. The following are some of therecommended documents that you should familiarise yourself with:

(a) The Kenya Constitution (2010): www.kenyalaw.org/Downloads/TheConstitutionKenya.pdf

(b) Universal Declaration of Human Rights (UDHR): www.un.org/en/documents/udhr/

(c) UN Declaration of Human Rights Defenders: www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Declaration.aspx

(d) African Charter on Human andPeoples Rights: www.achpr.org/instruments/achpr/, andthe various protocols

(e) East Africa Communityprotocols: www.eac.int/legal/i nde x .php?opt i on= com _docman&Itemid=47

(f) UN Plan of Action on theSafety of Journalists andthe Issue of Impunity: www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/ofcial_documents/UN_plan_on_Safety_Journalists_EN.pdf

(g) Fact Sheet No 27: SpecialRapporteur on the promotionand protection of the rightto freedom of opinionand expression: www.o h c h r . o r g / E N / I S S U E S /FREEDOMOPINION/Pages/OpinionIndex.aspx

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(h) Journalists Safety Indicators: National Level Based on the UNESCOs MediaDevelopment Indicators: www.unesco.org/

(i) Global Compact Network Kenya: www.globalcompact.or.ke/

(j) Leadership Guiding Principles for African Media Owners and Managers, a publication ofthe African Media Initiative: www.africanmediainitiative.org

While working in the Counties, journalists should be aware of any County specic laws

touching on freedom of expression so that they do not go beyond what is legally allowed.

JOURNALISTS AND THEIR OWN SAFETY

Risk is a personal choice. Decisions are made out of a sense ofduty, call of ego, or sometimes a mix of both. Remember, injuredjournalists or dead ones become part of the story, part of theproblem, and can no longer do their jobs. Many loved ones suffer incases of death. Eventually the story is forgotten even if the journalist

is not. Journalists must gauge their security rst before attempting arisky story. Use your common sense and stay alive in order to changelives for the better.

journalistsneed to understand the

legalframework

in which they operate

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By failing to prepare, you are preparing to fail.Benjamin Franklin, one of the founding fathers of the United States.

Risk assessment checklist

As a eld operative, you and your media house ought to evolve a culture of risk assessmentbefore undertaking any assignment. Let experience be your guide; news events can beextremely unpredictable. Do not take anything for granted. A routine assignment can quicklymorph into a life-threatening encounter. At the planning stage, you should be able to raisewith the assigning editor any concerns and perceptions of risk that you may have.

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Basically, the planning process should factor in the following, particularly if you are going to

a conict area or undertaking an assignment, like investigating organised crime, which hasinherent risks:

i) A list of contacts in case of an emergency, i.e. colleagues, family members, localassociates, police, civil society groups, Red Cross, etc.

ii) A communication plan or strategy to ensure the ofce knows your exact location at anyone time. This information should be kept safe by all parties, as this could be a potentialrisk to the journalists.

iii) Identication of all potential known hazards in the area of reporting. In other words, youneed to research the location youre being sent to, the geographical terrain, prevailingweather, local customs, local perceptions of your media house, communicationinfrastructure, availability of basic facilities such as water, food, shelter, healthcare and

security.

iv) Have an outline of a contingency plan that addresses perceived risks. Additionally, ifworking in a team, ensure that everyone is involved in formulating the contingency plan,understand it and assign roles and responsibilities beforehand. This information mustbe kept safe at all times.

v) Assess where to stay and where to seek refuge, if necessary. This could be a church,mosques police, school or Governors compound.

vi) Have a detailed transport plan complete with planned stops for replenishment andvehicle servicing.

vii) Learn from an old hack. If you are new to the profession, a beat, or a particular typeof assignment, seek out experienced colleagues for advice and potential mentoring.Certain beats are high risk such as crime, conict and investigative reporting into issuesconcerning security, governance and corruption. If you are covering a beat, you shouldinvest time in understanding the security implications of your topic: Identifying themajor actors and learning their motivation (stakeholder analysis); know your limitationsin terms of reporting safely.

viii) Try to be as self-sufcient as you possibly can.

ix) The measures you take shall contribute to a safer working environment.

x) The risk assessment should take three things into consideration. What are potentialthreats to me? Then categorise from the list above what are your capacities- strengthsin helping you carry out your work safely? For example, civil society organisations thatmay help you, or inherent knowledge of the local language and customs that can helpnavigate any situation. Finally, what are my vulnerabilities -- weaknesses? Non-nativespeakers of the main language, therefore, require an interpreter. Be aware, though, thatalthough this is recommended, it can compromise any sensitive information you mayhave as well as your whereabouts. Doing this quick assessment helps you adjust yourplans accordingly to minimise your security risk.

For a more detailed discussion, see Appendices I&III

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The arid and semi-arid northern most and north-eastern countiesof Kenya present a particular challenge due to a history of violentconict over control of scarce resources. Therefore, any journalisticadventure into Baragoi, for instance, would necessarily requiremeticulous planning and preparation not least because of yearsof neglect by the Government that have starved the area of anymeaningful infrastructure or basic facilities. Across the border,Somalia is dangerous territory and a number of journalists havepaid with their lives while on assignment there. Other territoriesthat would require meticulous planning are the DemocraticRepublic of Congo, Central African Republic, and the Boko Haram-controlled areas of Nigeria.

vii) Mobile phone with spare batteriesand sim card/solar-powered mobilephone.

In extreme situations the list would includepersonal protective equipment, such asmasks, goggles, headgear and bulletproofvests.

A handy bag with essentialssuch as a blood donor cardin your wallet or, if you are ina conict area, a laminatedcard hanging around yourneck with your blood type andany allergies clearly marked;cash well hidden, copies ofnational identity card andextra passport-size photos,laminated copies of contactinformation for newsroom staffand any risk assessment planor disaster plan.

Essential items

Every safety manual you come acrosswill have a fairly detailed list of itemsconsidered necessary for journalists safetyand protection, depending on the locationand security situation. It is critical to befamiliar with these but allow the journalist

and the assigning editor to determine thecontents of the survival kit. A standard kitwould contain the following:

i) A First Aid kit containing pain-killers,bandages, gloves, wet wipes, anantiseptic liquid like Dettol orSavlon. The kit should also includepressure bandages, blood clottingelement and tampons to assist withbullet wounds.

ii) Water and water purication tablets.

iii) Torch with spare batteriesiv) Bottled water

v) Press card or letter of accreditationeither from your media house or theMedia Council of Kenya.

vi) Toilet kit (toothbrush, toothpaste,comb)



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It is important to note that not all threatswill be related to your work. The objectivecomponent will help distinguish this. Onceyou distinguish this, it is important to recordthem, analyse them and react to them.

News organisations should recognisetheir responsibilities to support all their

journalists, whether they are staff members,correspondents or freelancers oncommissioned assignments. Editors needto be frank about the specic support theirorganisation is willing to provide. Mattersleft unresolved before a journalist begins

a story can lead to stressful complicationslater.

Be aware that circumstances change.No security assessment or protocol isexhaustive, but, most importantly, it mustbe relevant to your current circumstances.Keep yourself informed of what goes onaround you and what could affect yoursecurity; re-assess your security situation atregular intervals.

If there are any threats (the possibility that

someone will harm you physically or harmyour moral integrity or property throughpurposeful and often violent actions)5. It isimportant to note the following.

1. Establish the facts of the threat

2. Establish the pattern over time, ifthere is one or if it is a one off

3. Establish the objective of making thethreat

4. Establish the source of the threat

5. Draw a reasoned and reasonableconclusion about the feasibility of thethreat.

RESPONDING TO RISK

5. Adapted from Van Brabant (2000) and REDR.


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Journalists under threat can also considera temporary or permanent change inbeat. Editors should consult closely witha journalist facing threats and expedite

a change in assignment if requested forsafety reasons. Some threatened journalistshave found that time away from a sensitivebeat allowed a hostile situation to lessen inintensity.

In most reported cases threats are sent viaanonymous phone calls and text messagesrepeatedly to intimidate the journalist intosilence. Some journalists have also received

condolence cards announcing the death ofthe journalist or relative. Take these threatsseriously. Thirty-ve percent of journalistsmurdered in the last two decades werethreatened beforehand, according to CPJresearch. Newsrooms should provide audiorecorders (or, in some cases, phones withrecording capabilities) for journalists facingsustained threats. Acquiring an audiorecording of the threat will assist journalistsin ling police reports and investigation.Informing the caller that the threat is beingrecorded can also be a useful deterrent.

HOW TO COVER OR CONTENDWITH DEATH THREATS AND

INTIMIDATION

It is paramount to report threatsto trusted colleagues, youreditor, the Media Council ofKenya and the police. Be surethey know details of the threat,including its nature and how andwhen it was delivered. Ensurethe threats are publicisedthrough your news outlets, blog,tweet, Facebook and othermedia. And remember to reportthreats to local and international

press freedom groups suchas the Committee to ProtectJournalists. CPJ will publicise athreat or keep it condential atyour discretion.


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know they are watching you. They will use

different people, different vehicles, bodabodas, etc.

A smart way to know if you are beingwatched is to watch the people you thinkare watching you without them knowing.You can ask a trusted third party who is notknown to many to help you by arrangingwhen you will leave home, the ofce andsee who follows you or what they do. This isknown as counter surveillance. The benetof counter surveillance is that the personwatching you does not realise that you

know they are watching you. One shouldnot confront someone watching them asthis may lead to violence. This advice ismore for those in an urban-semi urbansetting. However, in rural areas, people arewarier of strangers.

Surveillance and Counter

Surveillance

Surveillanceis carried out for the followingreasons

To establish what activities are carriedout, when and with/by whom.

To use this information later to attackindividuals or organisations.

To gather the information necessary tocarry out an attack.

To gather information for legal actionor other harassment (without directviolence).

To intimidate you, your supporters orother people who work with you.

Remember that the reason for surveillancemay change depending on whatinformation is gained or if the politicalsituation changes. It is also important torealise that surveillance in itself does notconstitute an attack and may or may not

lead to one.

Counter-surveillance can help youestablish whether you are being watched.It is important to be aware of yoursurroundings especially around the placesthat you frequent like home and the ofce.Be on the lookout for unusual people orvehicles that are consistently in the vicinity.Some of the people who are carrying outthe surveillance could be people who arein the area for legitimate reasons like bodaboda operators. However, the frequency

and interest in your activities is a clearsign that you are being watched. Thereasons for people to do surveillance variesfrom monetary incentives, people beingpressurised to do so, they could sympathisewith the potential attackers or a mixture ofboth. In most cases they will not want you to

The benetof counter

surveillance isthat the person

watching you doesnot realise that

you know they arewatching you.

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Tips:

Be conscious of your location at all times. Make sure you are notbetween protestors and riot police.

Map out exit routes in advance.

Stay on the side of protestors. Rocks and other missiles areusually thrown by individuals in the center of a crowd as a meansto avoid detection by blending back into the crowd.

Wear appropriate clothing, natural bers are better protectionagainst rearms.

Ensure you have your media credentials.

It is important to note that surveillance can

be done by anyone -- men, or women. Oneshould also remember the key points abovein responding to risk and come up with agood strategy.

Demonstrations and other

disturbances

Journalists covering protests and otherviolent civil disturbances face risks from allsides, often at the same time. About 100

journalists died worldwide while coveringstreet protests and other civil disturbancesfrom 1992 through 2011, according to CPJresearch.

Additionally, if you are working on a big

story, you should also be more aware ofyour surroundings and shifts in behaviourof those around you. If the newspapervendor begins to ask the watchmen in thearea about you, this should be noted.

The reason for the surveillance can helpdetermine your next course of action. Ifyou are being watched, it is importantnot to out anyone else in harms way. Youshould also make prior arrangements,contingencies after your risk assessment.You can implement them here. For example

if it is information on the whereabouts of asource, you can have a third party meet withthe source and relay the information or setup a code so that when you call the sourcewith the code, they do not show up at themeeting. Changing ones routine can alsohelp.



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What to carry dealing withtear gas and other irritants

A lemon can ease skinburns.

A wet towel can protectyour face from tear gas.

Swimming goggles toprotect eyes from tear gas.

Remain calm if you are arrested. If youchoose to object to the arresting ofcer,you may worsen your situation. If you dospeak up, make every effort to maintaina professional demeanor as you explainthat you are a journalist covering news.However, record/document the sequenceof events, details of the arresting ofcersand charges, if any.

Accident, fire, and rescue

scenes

The rst responsibility of anyone amongthe early or rst responders includingpolice, ambulance workers, and reghters,as well as journalists is to protect ones selfby surveying the scene and being aware ofpotential hazards.

Respect perimeters set by authorities.Often befriending a police ofcer orproviding authorities coverage of the event

will assist in acquiring a better vantagepoint for reporting/photography. Crossingpolice lines or disobeying police orderscould lead to arrest. Journalists coveringemergency or rescue scenes should alsoprominently display their press credentialsat all times.

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Organised crime and

corruption

Crime and corruption are extremelydangerous beats. The lines betweenpolitical and criminal groups, commonlyknown as militia, are blurred in manysituations, raising the risk for reporters. Thisis particularly acute in areas such as centralKenya, Nairobi, Nyanza and the coaststrip where criminal gangs like Mungiki,Sungusungu, Bhagdad Boys and terroristgroups like Taliban and al-Shabaab operate

with impunity, reducing any securitysupport a journalist can rely on.



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closely monitoring your activities. Findand cultivate, if possible, a senior lawenforcement ofcer to whom you or otherscould turn in case of emergency.

Planning an investigation

It is important to undertake a securityassessment prior to an assignment. Whencovering dangerous groups such asMungiki, criminal or terrorist suspects, theassessment should be accompanied by acontingency plan in case the journalist orhis or her sources become endangered.The assessment should identify the mostdangerous actors and most sensitive issuesin the investigation and assess the risks

that may arise. Clear rules as to how andwhen you will communicate safely witheditors and other colleagues should beestablished. Interview sources you trust themost rst and gradually work towards themore hostile sources. Limit information thatdiscloses your investigations to a minimum.

How to approach crime stories, includingcoverage of organized crime, dependsalmost entirely on local factors. Coveringthe activities of the Sungusungu in Kisii,for instance, is very different from how youcover al-Shabaab activities or the cattle-rustling conict in places like Baragoi.Reporters should familiarise themselveswith high-crime areas, entry and exit routes,and safe, accessible places to meet sources.

At least one editor should always be awareof a crime reporters work, sources, andprogress. Freelancers should keep a trustedcolleague apprised. Where possible, itmight be helpful to also alert your ofcesecurity manager.

When you approach a potentially hostilesubject, you should be accompaniedor observed by a colleague. To reducethe possibility of being singled out forreprisal, you should communicate to allcrime sources, especially hostile subjects,that you are not working alone and thata news organisation or colleague is

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Approaching hostile subjects

Whether and how to approach suspected criminal actors depends on several factors. It isimperative to know the characteristics of local law enforcement actors and whether thereare individuals you can rely on in case trouble arises in your investigations. In any criminalinvestigation, keep in mind that the greatest risk may not be reporting on criminal groupsthemselves, but on the web of ofcial corruption that protects them.

Tips:

Develop a credible cover story to hide your investigations.

The period shortly before a story runs is often the mostdangerous. Journalists must be mindful of whom they speak toand keep a low prole.

If planning to interview a hostile subject, newsrooms andcolleagues must be alerted.

Have a colleague or someone else watching over you.

PERSONAL

SPACE

RADIUS



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Collaborative effort

Journalists are nding alternative ways topublish dangerous stories. Pseudonymsor sourcing staff reporter are routinemeasures to protect reporters.

News organisations can also work togetheron dangerous topics, sharing informationand publishing a story simultaneouslywithout individual bylines. The approach hasproved effective in defusing the risk againstany individual journalist while enablingreporters to cover hazardous topics. In

Burundi, media houses use a systemcalled synergie whereupon all mediaoutlets publish/air sensitive informationsimultaneously to evade targeting onemedia source. In Kenya, the same practiceis called, spreading or sharing the risk.Collaborating across borders is anotherway to mitigate risks.

Accessing information

The Constitution of Kenya recognises theright to access information. A database ofpublic information, which was launchedin 2011, is also available. Nonetheless,obtaining ofcial documents throughofcial means is often difcult, although it isa critical aspect of investigative reporting.In addition to providing the substantivebenets of citing ofcial documents, thepractice can lessen ones reliance oncomments from hostile sources, etc.

Should journalists resort to own sourcesto access government data, they musttake precautions to avoid revealing theidentity of a source who provides sensitivedocuments. Conducting several interviewsas a cover can assist in protecting a source.The use of documentation may also shiftrisk onto the journalist. (See communicationand information section in this guide onpage 19).

In an effort to minimise the threat of State sanctions during thesingle-party rule of the Kenya African National Union (KANU) inthe 1980s and 90s, editors regularly collaborated on sensitivestories. It was a conspiracy, really, which amounted to one editorceding his right to a scoop by agreeing to share the risk, as it were,with a rival media. In more extreme circumstances, a sensitivestory would, by prior arrangement, be broken by an overseasnewspaper. The corresponding conspirator in Nairobi wouldthen quickly pick it up ahead of everyone else and wait for another

opportunity to beat the system. That way, the editor in Nairobicould always argue that he was merely republishing a story thathad already appeared somewhere else.

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Transportation and equipment

Press vehicles should be equipped withemergency gear, including a First Aid kit,road ares and blankets. Managers shouldresearch where to obtain emergency rentalsof vehicles, communication equipment andessential gear, and include the informationalong with contact details in the disasterplan. Managers should also know howto get reserve fuel during an emergency.Field staff should include safe and securetransport in their plans.

In armed conict situations vehicles arepotential targets. If you are in a vehiclethat is being red at directly, you can tryto evaluate the situation, but making anaccurate assessment will be very difcult.In general, it is useful to assume that thevehicle is or will be a target, and thatthe correct thing to do, therefore, is toget out and seek cover immediately. Avehicle is a clear target. It is vulnerable andexposes you to injuries from ying glass orexploding fuel tanks, in addition to directre. If the re is not too close, try to continuetravelling in the vehicle until you can takecover somewhere close at hand.

Crime and terrorist scenes

Violent crime and terrorism scenes may befairly complicated to cover. Self-protectionis again the rst rule. During a securitystandoff like the September 21, 2013terrorist attack at the Westgate shoppingmall in Nairobi, be careful not to exposeyourself to risk from further disturbances.One question to ask is whether perpetratorsmay still be at large in the area. In the caseof a terrorist attack or other action designedto attract public attention, consider thechance of follow-up attacks.

Clearly display your credentials atcrime scenes whenever possible. Avoidconfrontations with authorities; at suchtimes, having relationships with senior lawenforcement ofcials is useful.

Witnesses and other survivors of violentevents may be agitated or traumatised. Thismeans respecting survivors wishes aboutwhether they want to be interviewed or havetheir emotions recorded; demonstratingsuch respect, in fact, may well lead

survivors to allow journalists greater access.Police and rescue authorities may also betraumatised. Understand that this may notbe the best or only time to ask questions ofeither survivors or authorities.

A vehicle is a clear target. It

is vulnerable and exposesyou to injuries from ying

glass or exploding fuel tanks,

in addition to direct re.



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detained or has been arrested. If possible,

also inform your editor about the arrest. Calla lawyer if possible. If in a foreign countryask to get in touch with your embassy.

If the arrest takes place in a non-gazettedholding area, insist on being transferredto a recognised facility and be ofciallybooked. Such non-gazetted areas wouldinclude a police patrol base, police postand Administration Police or Chiefs Camp.

Police may ask to see your

images, recordings, or les.Be aware that you do not haveto consent to such a request.They may try to intimidate,coerce, or threaten you intodoing so, but consent must bevoluntary. Even when police doseize a camera or other devicethey cannot view its contentswithout a proper warrant.

Arrest, detention

If you are arrested or detained, rememberto remain calm and act professionally.Do not get into an argument about yourrights. If you are able to have a reasonablediscussion that is one thing but if it becomesapparent that the ofcer is not interested inyour point of view it is usually best to moveon.

If you are told that you are not free to leaveor under arrest it is strongly advised thatyou immediately do what you are told, but

communicate your situation to colleaguesor other authorities to intervene. Policeofcers or other government authoritiesdeem anything less than full complianceas resisting arrest and will then escalate theforce they believe is necessary to effectuatethat arrest.

It is important that you identify yourself asa journalist as often as possible so thereis no question who you are or what yourpurpose was in being there. It is crucialto remember that anything you say may

be used against you and possibly lead toadditional charges.

At the rstappropriate moment,request that acommanding ofcere.g. Provincial PoliceOfcer (PPO), OfcerCommanding PoliceDivision (OCPD),District Criminal

Investigations Ofcer(DCIO), or OfcerC o m m a n d i n gPolice Station (OCS)be notied that a

journalist is being

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If you are taken captive, develop a

relationship with your captors and identifytheir leader; these steps could reducethe chance that guards will do you harm.Cooperate with guards, but do not attemptto appease them. As best as you can,explain your role as a journalist and thatyour job includes telling all sides of a story.

Police threats

Kenyan police have a poor track record

in protecting journalists / following upon cases of threats against the press.Even worse, many are compromised byinuential actors and are hired to targetand intimidate the press even when a

journalists work appears to compliment

There have been instances where police

have ordered journalists to delete les orhave exercised self-help by deleting thoseles themselves. Any illegal act or violencemeted out on the journalist should berecorded and a formal complaint made tothe relevant authorities.

Kidnapping and carjacking

Captive situations

The best antidote is precaution. Travel inteams in dangerous areas, making suretrusted colleagues know your plans andthat contact information is shared. A lengthof time should be determined beforeyour silence should be considered anemergency. police activities. In May this

year, Star reporter Lydia Ngooloreported suspicious activity at ahouse in Mwingi Town, CentralProvince, believing suspectedterrorists use the house as a transitstation for their operations. Instead

of collaborating with Lydia, policereportedly started to threaten herand question her investigationsinto the suspected terrorist base.Often journalists feel helplesswhen threatened by local lawofcials, not realising there areinstitutional procedures one cantake against the police.



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5. Details of any documents orinformation that might help with theinvestigation

6. What you would like the body to doabout your complaint.

The organisation will have a complaint formas well.

Can I remain anonymous?

You can make an anonymous complaint.With the IPOA, you can tell them who youare but ask them to keep your identitycondential. Request access to witnessprotection services if you are concernedover your safety vis--vis the agency youcomplain to.

Commission on Administrative

Justice (Ombudsman)

National Gender and EqualityCommission

Remember, it is an offence by Kenyan lawif a police ofcer does not record yourcomplaint.

What information should I provide to le acomplaint?

1. Your name and contact details

2. What happened, include date, timeand place

3. Name and rank of member of police

4. Names of the people involved orpeople that might help with theinvestigation

How to report police misconduct:

1. File a complaint with the localpolice department

2. If you feel ling a complaint withthe local police departmentmay be a futile effort or mayeven endanger you further,there are higher bodies youcan report to:

Another local policestation where you feelmore comfortable,

report to the InternalAffairs Unit

Independent PolicingOversight Authority(IPOA) Wherever youle a complaint, theIPOA will monitor it.

Ethics and Anti-C o r r u p t i o nCommission

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Other Commissions

Although other commissions have limitedpowers to investigate the police unlikethe IPOA, ling complaints with themmay assist in pushing for a genuine policeinvestigation. For corruption matters, youcan lodge a complaint directly with theEthics and Anti-Corruption Commission.On cases of sexual harassment, you canlodge complaints with the National Genderand Equality Commission.

Ethics and Anti-Corruption Commission

Integrity Centre, Milimani Road Junction,Nairobi

(Or)

Apollo Court, Moi Avenue, Mombasa

Email: [email protected]

Telephone: 020-271-468 (Nairobi) / 041-231-9081 (Mombasa)

however they generally do not investigate

complaints in the beginning and may referit to the IPOA. The Commission overseespolice employment, training and holds thedisciplinary hearings.

Independent Policing Oversight Authority

The IPOA is ostensibly completely separatefrom the police service. The IPOA:

Investigates complaints of policemisconduct, including injury causedin police custody or as a result ofpolice action and recommendsappropriate action.

Monitors and reviews the police andpatterns of police misconduct.

Every six months, publishes outcomesand ndings from investigations. Thisis public information.

After a complaint is lodged, the IPOAstarts investigations and has the authorityto compel people to attend interviews orhearings if they do not obey a summons.

After investigations the IPOA canrecommend the following:

The Director of Public Prosecutioncharges the ofce with a criminaloffence and prosecutes him / her atCourt.

The police implement particulardisciplinary action against the ofcer.

Payment of compensation.

Change in police procedures, policiesand standing orders, so that the policerespond to situations in a better wayin the future.

The Inspector-General has to implementrecommendation by the IPOA by law. TheIPOA can also apply to the Court to enforcea recommendation it has made.

IPOApublishes

outcomes and

ndings frominvestigations

into policemisconduct

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and demeanour may look from afar.

Photojournalists holding cameras orcarrying gear have been mistaken forcombatants. If you are working alone,choose clothing that does not resemblemilitary gear and does not stand out fromafar.

In covering armed conict, be aware of theimpact of real-time reports. What may be acompelling, fresh report to an audience farfrom the conict zone may be perceivedin the eld as passing information to theenemy. This is also true of coverage of

politically polarised areas. A mob couldeasily turn on you if they detect hostility inyour coverage.

combatants with whom they embed. Doing

so does not compromise your professionalobligations, but you should still wear orcarry press credentials that would identifyyou.

Uniformed journalists shouldexpect to be treated as enemycombatants by opposingforces; that includes situationsin which you are separatedfrom your military unit.

Journalists working alone should alsobe aware of how their appearance

Vital lessons from an embed

John Ngirachu, a journalist with the Nation Media Group, was one of the earlyembeds with the Kenya Defence Forces their during the Somalia campaignand now considers himself a veteran of war coverage. His experience is a

study in the yawning gaps in the management of journalists safety. This ishow he got involved. I was called in by my editors and told, we want to send

you to Somalia as an embed with KDF to cover the Linda Kenya campaign.Apparently, a number of his colleagues had been approached but refused dueto concerns about their own safety. Ngirachu, though equally apprehensive,was overcome by a sense of adventurism and curiosity, and quickly acceptedthe assignment. The following day, a safety manual in hand, which he only hadtime to glance at, he found himself at the Defence headquarters in Nairobiwhere, for the next ve days, military ofcers briefed him and colleagues fromother media houses on rules of procedure for embeds. The key message was

simply this: Dont be adventurous and youll be safe. Once in Somalia theharsh reality of the assignment smashed into their inexperienced personaslike a tonne of bricks; sleeping in 4ft wide by 6ft wide dugouts; anxiety,minimal sleep, deafening sound of gunre and explosions, basic campfacilities and inadequate protective gear. When I think about it, he says, Icant help feeling that my editors were more interested in getting the storyout than in preparing me adequately to ensure my safety.

ARMED CONFLICT


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At the height of the 2008 post-electionviolence, criminal gangs erected illegalroadblocks and check-points to screenmovement into and out of particularlocations considered exclusive zones ofone or the other political party. Manyunwary travellers, including journalists, weretrapped in the subsequent mindless ethnicpurges at these check-points.

Checkpoints

Interacting with armed groupsat checkpoints is dangerous andunpredictable. Before traveling on localroads, consult with colleagues, militaryofcials, and trusted local sources todetermine possible checkpoint locationsand their operators. Learn in advanceall checkpoint procedures, such as thewarning signals used by military forcesand the protocol expected of approachingvehicles.

Interactingwith armed

groups atcheckpoints

is dangerousand

unpredictable



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Vital lessons

On one occasion his camp came under attack and their military guardiansinstructed them to lie low until the enemy was repulsed.

What did he learn?

Media house must have a war coverage policy that provides fortraining, both physical and emotional.

Journalists must be given the right to opt out of such assignmentsshould they feel inadequate to it.

Management must provide life insurance cover for journalists in suchsituations.

There should be no compromise on protective gear and journalistsmust be given the right to suggest the nature of that gear.

Post-assignment counselling is key. One of his colleagues was sotraumatised by the experience he quit journalism altogether onretuning home.

De-brieng essential to help inform additional training.

Absolute need to prepare the journalists family. One embedwas recalled at the insistence of his mother when she saw him ontelevision reporting for Somalia while all along she believed he wason assignment in Mombasa

Incentives. Some of the embeds were given a daily cash allowance tomotivate them.

ARMED CONFLICT


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Sexual harassment

Sexual harassment or threat has beenreported by journalists during assignments.In a 2011 report, CPJ interviewed more thanfour-dozen journalists who said that they

had been victimised on past assignments.Most reported victims were women,although some were men.

Women journalists can be at risk not onlybecause of their work, but also because oftheir gender. As a result, threats and attackscan take on a gender-specic nature. Insome instances women run a greater risk inthe work they perform, so their security and

protection acquire a specic dimension.The security focal persons should includewomen and measures in place need to begender specic.

SPECIFIC MEASURES FORWOMEN JOURNALISTS


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How and what you communicate, whether orally, in writing or digitally can compromise yoursafety and security. Furthermore, local perceptions of, or biases against the media house yourepresent may work against your safety depending on the story you may be communicatingto your newsroom.

A popular story shared with journalists at safety training sessionsrun by the Media Council of Kenya dramatises the kind ofreporting that can invite trouble. A reporter excitedly calls hisnews editor at the end of a tense political rally and loudly giveshim a blow-by-blow account of the event. Unwittingly, he sails tooclose to the wind when, in the full hearing of a swelling crowd, henarrates how the local member of parliament was shouted downand hounded out of the rally. What he does not realise is thatcrowd milling around him is largely sympathetic to the MP. The

reporter quickly learns the folly of his excitement when the crowdsets on him with blows and kicks.

COMMUNICATION ANDINFORMATION SECURITY

Tips:

Consider keeping your condentialinformation in an external drive andseveral backups.

Encrypt information stored on devicesand in motion (e.g. emails).

Make sure your computer is switched

off when you leave your work area.Even in a newsroom, be alert to peoplepeering over your shoulder when yousign in or read your messages.

Digital security means protecting your linesof communication, including your sourcesfrom potential aggressors. Governmentsand other actors throughout the world,including in East Africa, increasingly usecyber and mobile interception tools.Phone-tapping, hacking emails and SMStext messages is becoming more andmore commonplace amid a wider range of

actors. If youre carrying a mobile phone orconnecting a laptop to the Internet, makinga call or checking your email can leak yourposition and, thus, allow someone to trackyour movements.


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such as Facebook, local providers suchas a cybercaf or hotel where you areconnecting are vulnerable to interception.

Here are some basic precautionary tools:

Use protected email

Hosted Webmail services can providelimited protection. Services such asGoogles Gmail or Riseup.netuse transportlayer security, or TLS/SSL. That means thatwhile the companies running the servicescan read your email (Google does it to sendtargeted advertising), other intermediariestransporting the data to and from thesecompanies cannot.

To ensure that the service you useprotects your communications from otherintermediaries, check the Web addressat the top of your browser: If it starts withhttps:// as opposed to http:// yourcommunications are at least partiallyencrypted, and therefore better able toevade surveillance.

Do not use public computers incybercafs or hotels for condentialconversations. If you have to usethem, please download CCleaner ona ash stick ready to use. Visit https://securityinabox.org/en/ccleaner_main

Always congure your laptop orphone so that a PIN or password isneeded to unlock it. Passwords shouldbe strong. Using numbers symbols, amix of capital and small letters canhelp.

Use pre-arranged coded languagefor sensitive mobile communication.

The Internet

Much like telephone companies, unlessthe data is protected technically or withenforced legal restrictions, your Internetprovider can record and monitor yourcommunications. Internet destinations

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Jitsi Secure Audio, Videoand Instant Text Messaging,is a cross-platform, free andopen-source program whichsupports Instant Messaging(IM), voice and video chatover the Internet. It supportsmany of the most popularand widely used IM andtelephony protocols, among

them SIP. It offers additionalindependent encryption fortext chats through the OTR(Off-the-Record) protocol, andvoice and video (ZRTP, SRTP)sessions.

Tools for securing les

Local le encryption software such asWindows BitLocker, Macs FileVault, orthe indepe

Safety Protocol and Manual for Journalists Staying Safe

Documents

Transcript of Safety Protocol and Manual for Journalists Staying Safe