A.
Introduction
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“Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and
regardless of frontiers.”
Article 19 from the The
Universal Declaration of Human Rights
“There
shall be no infringement of freedom of expression; within the limits
of the law, every human being has the right to express his beliefs and
to publish the orally, in writing, by any other means of expression or
through art.”
Article 19, The Draft Basic Law of the PNA
“The
Press and the act of publishing must be free from interference and
freedom of expression is guaranteed for every Palestinian; without
interference, he may express his belief orally or by any other means,
such as photography or art in the means of expression or through the
media.”
Article 2, Palestinian Press Law of 1995
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This
is not the first time PHRMG has written on the issue of freedom of the
Palestinian press, although it is the first time that we have done so
since the issuing of the presidential decree on incitement. This decree
has restricted the freedom of Palestinians in general and the freedom of
the press in particular.
We
based our research on interviews with journalists who work in private
radio and TV stations, in daily newspapers, in foreign news agencies, and
with the Press and Publications Officer at the Ministry of Information.
Besides, a huge number of written articles, researches on media topics
inside and outside Palestine. Furthermore, there were few workshops on the
issue, specially the one organized by al-Haq organization in
Ramallah
under the title “Legislation of the prevention of
incitement, and ambitions to build a democratic system”.
We
faced some difficulties while conducting this research such as; the
absence of lists of journalists who were abused (such lists were not
available at the Journalists Association or the Ministry of Information)
so we journalists had to dig their memories to remember details, many of
those journalists left this profession for another career, others were
afraid to mention the name of the security service that abused them and
some asked for some time to consider his testimony.
And we wonder: Have violations
committed by the Palestinian security organs against Palestinian
journalists decreased or increased since the issuing of the Presidential
decree in October 1998? From the statistics we have been able to compile,
we have found that violations committed between 1 January and 30 August
1999 amounted to 6% of the total number of 50 violations that PHRMG has
recorded since the coming of the PA in 1994. This % is to be considered
low: the percentages for 1996, 1997 and 1998 stood at 30%, 20% and 24%
respectively. This low percentage in 1999 does not, however, indicate a
decrease in the red lines drawn by the Authority. Instead, PHRMG has
established that there has been an increase in self-censorship by
journalists who have been anticipating the Authority’s violations.
Two thirds of the violations committed
against Palestinian journalists took place in Gaza Strip, despite the fact
that the number of journalists and the amount of printed material is
larger in the West Bank. There are three possible factors explaining these
statistics. Firstly, there are no private television and radio stations in
Gaza, whereas such stations number 35 in the West Bank. Secondly, the
comparatively higher population density of Gaza is a social reality which
renders the control of the masses all the more difficult in case the
population is encouraged to protest against the Authority on the basis of
distributed information. Finally, it may be that the Authority simply has
more control over the Gaza Strip than over the West Bank.
In the light of what the PHRMG has
recorded, we have established that most of these violations in the
Autonomous Areas have been committed by the Palestinian Security Services.
The Ministry of Information has hindered the distribution of newspapers
and has closed television stations.
In
section one of the research, we looked at the written press, giving a
general background to the daily newspapers prior to 1967, and after that,
through the different phases till the coming of the PNA, and then to 1999.
In
the second section, under the title “Red lines and self-censorship” we
classified the sorts of censorship that face the Palestinian journalist,
discussing each of them separately trying to be comprehensive in our
approach, thus giving focus on the self-censorship because of its negative
effect in limiting the freedom of thinking and writing. In the third
section, entitled “The Private radio and TV stations” we indicated how
those stations came into existence and developed, and the role of the
Ministry of Information in that, and the Israeli and Palestinian
violations against them. In section four, entitled “Violations against the
Palestinian journalists” we concluded a group of percentages that provide
us with a picture in the form of figures on the nature of these violations
and the methods adopted in them, and the security services that carry them
out. These violations are distributed on the years as they occurred, then
we showed the 49 violations in the form of a table as recorded by the
PHRMG. The last, fifth, section entitled “Incitement” deals with this
issue comprehensively. It starts by mentioning few articles from the “Wye
River Memorandum” on the subject, then the Presidential decree forbidding
incitement and its legality and whether this decree agrees with
international standards for human rights, and its influence on the press,
and the Trio Committee (Palestinian – American – Israeli) to prevent
incitement which was formed after the Wye agreement.
PHRMG stresses the seriousness of the phenomenon of increasing
self-censorship among Palestinian journalists, which not only prevents the
publishing of written material and limits freedom of thought, but also
hinders the development of our people at the beginning of the 21st
century. Instead, the Palestinian Authority should consecrate our freedoms
so as to emanate what other nations of the modern world have achieved so
far and should prevent Palestine from being comparable to underdeveloped
and undemocratic states, because our people deserve to have the freedom to
think. After the many years of suppression and subjugation, our people
deserve to have their freedom to think protected.
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