This conference was held on February 21, 2015 at hotel Belvédère, in Tunis, with the participation of Libyan media professionals: journalists and editors of radios and local newspapers, as well as academics, lawyers, and representatives of constitutional instances and civil society.

Among them, Mr Kamel Jendoubi, Tunisian Minister in charge of relations constitutional instances and civil society, M. Abdelkader Kadoura, Professor of constitutional law and a member of the Libyan Commission of Drafting of the Constitution and Mr Omar Belhouchet, director of the Algerian newspaper AL WATAN - an unforgettable figure of the fight led by the Algerian press through the Black decade.

In their opening speeches, Ms Milica Pesic, executive director of Media Diversity Institute (MDI) and Mr AbdelKrim Hizaoui, director of the African Centre for the Improvement of Journalists and Communicators (CAPJC) both insisted on the importance to encourage journalists training so they are coached and drilled for exchange, openness and dialogue.

Freedom House ranked Tunisia as the sole Arab country which respects press freedom. So Tunisia offers a positive framework for this coaching, with regards to the war situation in Libya. Situation which was addressed by Kamel Jendoubi, Minister in charge of relations Constitutional instances and civil society, reporting to the Prime Minister.

Kamel Jendoubi: Mine is a « Mission Ministry »

The Tunisian Minister in charge of relations Constitutional instances and civil society Kamel Jendoubi, promised he would do all that is necessary to support Libyan journalists who sought refuge in Tunisia from the beginning of the conflict in their country: «Tunisia, he said, will welcome with open heart all who is suffering from persecution or discrimination because of his/her profession, opinions or even sex. And I take here the commitment, under my full responsibilities, to provide all the necessary means so that constitutional institutions in charge of that issue are truly operational and do implement, on the ground, the values promoted by the articles of the Constitution. Relying on these principles, I feel I am endorsing a real mission ».

Furthermore, the Minister said he was aware that security and stability in Libya are those also of Tunisia where the democratic transition remains fragile, and is always threatened by the economic crisis and grave terrorist threats. Neither knows borders and both affect the whole region. Hence, he added, this is really crucial for Tunisia that its neighbour stabilises itself as quickly as possible. And without foreign interference, at least, as limited as possible, so that Libyans do succeed to find themselves solutions and internal resources to achieve alone their successful democratic transition.

Kamel Jendoubi explained that success in these major challenges cannot be achieved without the contribution of powerful and free media. Media are the bridges spanning borders between the civil societies of these countries affected by the terrorism plague² « As a Human rights militant, I am deeply convinced that media are, together with the judiciary, the corner stone of any democracy. This is for that reason that it becomes urgent to protect the media landscape and to guarantee the basic conditions for a vivid information system. », he concluded.

Testimonies from Libyan media professionals: an alarming state of the profession!

This is what came out from almost all contributions from the Libyan media professionals; they describe a frightening reality facing the media sector in a Libya which has fallen prey to a civil war without mercy, where media outlets are taken hostages in the hands of the various enemy groups.

• Media are closing down, journalists are fleeing abroad …

In this war torn country, several media outlets found themselves abruptly without conditions to exist. Mr Ahmed Al Faïtouri, former director of Mayadine magazine in Benghazi, has taken today refuge in Egypt. He describes his experience: «Despite circumstances that no one ignores in Libya, our newspaper continues to print in a quasi-normal fashion right up until the day when our printing plant got burned down to the ground. It was located on the road to the Airport, in a zone known to be specifically exposed to armed struggles. And ours was a brand new printing plant with less than three weeks in the running!! ».

In describing this context of extreme violence, Mr Faïtouri talks of a reality truly complex: « There are dozens of militias all related to the Muslim Brotherhood; they are numerous, and very different from one another, more or less radicalise. Take the Jamaâa Moukatila which is an armed group once opposed to Gadhafi or the Ansar Achariâa which suddenly appeared out of nowhere on the stage : one does not know any longer who is with who and who is against who. Personally, I was locked down in my house a whole full year! How could I be a reporter? How could I report in these conditions? This is impossible ! », he said.

Several other journalists had to leave the country. This is the case for Jamal Adel, who has worked in Tripoli in a daily paper and had to flee the fighting taking place in the capital city. For many others, the curse of expatriation was mixed with the confiscation of their media outlet by one or the other parties in conflict. .

• Harassments and hold-up on media outlets

This is what endured Jehan Jazwi for a moment programme director for the « Al An » (Now) TV station before moving on to « Annaba’ » (Benghazi). She claimed she could work with no difficulty on the field at the time of the Libyan revolution. However she found herself facing ideological and moral harassment when her media’s editorial line came close to Islamists. She could not agree to that pressure to her neutrality and her professional objectivity. Her new bosses gathered internet users and cyber activists to exert pressure on her and libel her. She finally was put on unlimited leave up until the day one of her neighbour called her to warn that armed militiamen were visiting her house. She had to flee and seek refuge in Egypt.

Tarek El Houni’s experience is none less sad. The former executive director of the National Libyan Channel is today a refugee in Tunisia. He claims he tried all he could during his mandate to preserve the neutrality of the Station and to obtain that international professional standards were met. He clung to the job for over a year despite attempts of all kinds to lean on the editorial line, one way or another. He had to resign following the fall of Tripoli, and today describes Libya’s events as absurd media artillery».

Jamel Bennour, lawyer, investigating judge , former magistrate and former president of the first Revolutionary Local Council in Benghazi tells one of the still unexplained post revolution media mystery: «As we were aware of the role media had to play during the 17 February revolution, we created on public funding, a radio station. Its role was to bring beyond the city of Benghazi, the voices of Revolution and of citizens. We dedicated all what was necessary: money, civil servants, and facilities. Soon afterwards, we witnessed powerlessly how one of the political organisation involved in the conflict simply seized our radio station! Of course, we complained and compiled a dossier. An inquiry was indeed opened but until now, we have no news on that dossier! ».

These experiences all underline the issue of neutrality and objectivity of the media

• The issue of neutrality: from harassment to ethical issue

According to Mr. Ahmed Al Faïtouri, today, one cannot really talk about media institutions per say in Libya. « There are many propaganda tools and ideological apparels which are reminiscent of the role once played by the Popular Committees of Gadhafi”, he said. “we are harvesting today the fruits of what was seeded just after the revolution, while nobody cared: a new fascist force is replacing the former dictatorship. It is hiding behind a religious mask and has made its most urgent priority the destruction of the media! ». Mr. Faïtouri finally mentions the threats and harassment suffered systematically by both media outlets and journalists themselves: «When one does not kill outright the journalists or the director, then the publication is forbidden. And when this is neither this nor that, then one continues to assault the workers of the drivers or even to destroy the facilities … »

Nassim Naïel, a journalist from Zuwara is now working in Tripoli for the station Tubactes. She ironizes on the issue: « Before the revolution, we had bias and stereotypes: we thought all journalists who worked under Gadhafi were one sided and had no credibility. And now today, it is our turn to fall victim of the same prejudices. The journalists of the revolution of 17 February are now all credited with no credibility by those who next conquered positions of power! »

Jomâa Friwan, news anchor of the National Libyan Channel and then at « Annaba » thinks that a journalist cannot by definition be either innocent or a victim. According to him, journalists are often the very cause of the problem and are feeding tensions when they sell themselves to one party involved in the conflict: « These journalists are the most numerous, he claims. And this is the minority of truly independent journalists who are most exposed to danger as they are targeted by all at the same time and do no benefit from any protection ».

Following on, Fedwa Kamil, journalist in Zuwara, recalls that it is not enough to seek to protect journalists in conflict situation. « One should also think to the ways to protect the motherland in conflict from these very journalists who themselves become part of the problem». Fatma Omrani, journalist in Misrata also underlines the evil role played by some media outlets in Libya: they contribute to the worsening of the situation, she said « the media have deepened the Libyan crisis and all should agree on a charter which would unify and codify professional practice among Libyan journalists, all the more when they deal with a far more difficult issue than usual armed conflict: and that is terrorism ».

Partisanship among news outlets has provoked a festering media war akin to the civil war which is raging in the country. Many journalists have on this topic described how journalists and even whole media outlets settle their accounts in full impunity denouncing individuals with public accusation. Hate speech they propagate on air triggers inquisitional practices against colleagues. Mustapha Khalifa Mohamed, journalist in Ghat, insists on how important that journalists do understand that danger, and that they refrain themselves from « a spirit of revenge ». International organisations and professional associations have a major role to play in this matter, he added.

à Major failings in initial and vocational training

Youssef Aft, journalist at the Cultural Radio in Misrata and Jehan Jazwi, journalist at Bawabat Al Wassat, both raise the issue of ‘intruders’ in the media sector. These intruders have for most joined the media sector after the revolution and had to earn their skills on the job. Though they may well display the best of intentions, they still lack many of the basic skills of the profession. Both claimed they benefited greatly from the training session held by the Media Diversity Institute ; it provided them with an opportunity to dialogue with their co-workers, meet new colleagues, and have fruitful exchanges.

Omar El Keddi, director of Bawabat Al Wassat, regrets also this lack of academic training and calls on international organisations that they train journalists in the issue of camouflage and self-protection, specifically in the techniques of cyber-anonymity and anti-censorship software.

Fatma Ghandour, an academic and editor in chief of Mayadine newspaper, wishes to see generalise the training seminars offered by organisations such as the Media Diversity Institute so that as many journalists as possible may benefit from new skills. She mentioned mostly those working in local radio and television stations broadcasting for population often ignored by world community. « This could help remedy the fallings in the training of these journalists- those who jumped on the train-, and help them acquire the ethics of neutrality. This in turn can only benefit the Libyan society through the promotion of tolerance and dialogue ».

The issue of neutrality should, according to Jomâa Friwan, be the single topic of a full cycle of training session so that journalists do realise their rights and duties as well as the limits of the protection he benefits from as a journalist. They would learn where are the red lines that they should not cross should they adhere to ethical standards. This is all the more important since media become “full bred actors in the war which tears Libya apart today ».

Mr Bennour concludes, that, though a citizen network, « Moudafiî » (Defender), has been created to defend the right of journalists, it is very difficult to talk about media institutions today in Libya. Even less to talk of a journalists’ union. The first priority and emergency is to achieve a national political consensus which would unify the country and result in a national reconciliation. He called for all efforts from all journalists to converge in that direction.

Which role for civil society in the protection of journalists?

àA governmental organisation: the example of Benghazi municipality

According to Mahmoud Rachid Al Kikhia, President of the Benghazi municipal council, it is absolutely important to support the efforts of the civil society in protecting journalists who exert the role of « fifth power ». Benghazi municipality has made it a priority in letting the public know the importance of journalists in society and in the building of democratic process: «We are sensitising the population through the distribution of flyers and we systematically publicly denounce attacks and violence on journalists. More specifically, we try to bring material support to media workers through the direct subsidy of media institutions or in enticing business men to do so, as well as by providing the necessary building facilities ».

• A non-governmental organisation: the example of « HISN »

Khaïri Abou Chagour, president of the NGO « HISN » (Moat), is a former opponent to Gadhafi and is a refugee in Tunisia for other thirty years. He is fully aware of the role that a free and independent news provision could play in the success of revolutions and democratic processes: « Today more than ever, media have a role to play in the Libyan landscape, specifically with the latest hurdles facing the Libyan democratic transition. Indeed, what we could achieved with our NGO HISN in terms of protection of journalists remains very unsufficient given the fact the Libyan judiciary is neither functional nor organised : many of the trials targeting journalists never reach a court room and as many lawyers cannot exert their skills properly. However, we do try to document and count rigorously all attacks perpetrated against journalists. And we lead awareness campaigns against this violence. Well, we do so as long as we ourselves succeed to avoid attacks. Personally, I have been kidnapped during 10 days by the Werchfana tribe and I count myself lucky to have escaped a death I thought certain!! ».

Most contributors agreed to deplore the lack of a truly civil society in Libya. «the few organisations that existed before the revolution, for instance the Journalists Union were receiving subsidies from the State and were hence not independent. It is therefore urgent to create an organisation which would gather journalists and unify their professional practices », concluded Khaïri Abou Chagour.

Abdelkader Kadoura: press freedom in the Constitution draft

Abdelkader Kadoura, Professor of constitutional law and a member of the Libyan Commission of Drafting of the Constitution mentions the difficulty of drafting a constitution in his country where there is no previous experience in that matter: « the difficulty arises from the requirement that constitutional laws should be implementable in the field and should not only exist on paper. For this, specifically in matters of press freedom and freedom of opinion, we need on one hand institutions and organisms which role it is to protect the rights and interests of persons, and on the other hand, clear and precise laws which are protecting these rights and interests in court. ».

Mr Kadoura joins the proposition of Mr Ahmed Faïtouri and many other contributors. He suggests that journalists identify what brings them together so that they get themselves organised into associations. He explains: « Indeed, in order to set up these organisations and these institutions, preparatory work should be done from bottom up, and not top down, or in an imposed way. We have learned that decisions which are falling from above, don’t lead anywhere. The issue is to avoid contradictions and to bring together homogeneous elements which do function well together and are immediately efficient. Constitutional laws would then guarantee the rights of these organised groups.» This idea is all the more important to the Constitutional lawyer as it contributes to a network of civil organisations which in turn brings modernity to a Libya society which has so far been built upon tribal logic: « Information, as well as the safety of media professional would obey in this manner to civil criteria and not religious or tribal», he added.

Omar Belhouchet, on lessons learned from the black decade in Algeria?

With other 200 mille deaths and 70 journalists killed and 30 news professionals killed in cold blood in the name of a « Fatwa » launched by radicalised imams in 1992, Algeria is no doubt a text book experience. There are many lessons to be learned from the survival of the Algerian press to the terror of the Black decade.

Omar Belhouchet, director of Algerian paper Al Watan summarises the bitter experience: « We paid a heavy price to defend freedom of expression … And should there be none of these secured hotels where we sheltered our families – that was the result of intense lobbying with international NGOs – there would have been many more victims… One has to know that we were submitted to a double terror threat: that of the fatwa and that of the state. When we were burying our journalists, authorities were using all available resources to supress and silence the freedom of the press; they were prosecuting journalists, using tax blackmail and closing down newspapers. Al Watan for instance was shut down seven times! »

àmaintain strong solidarity and keep producing news, whatever happens!

Omar Belhouchet calls on his Libyan colleagues to resist to the silence that terror wants to impose. According to him, to continue to produce information is the only alternative to survive to fear and death: « If we publish hundreds of thousand copies a day and are read by our citizens, it is indeed because we kept witnessing and testifying while weapons wanted to be heard alone. This is because we resisted the law of silence! ».

This resistance goes along with solidarity and team spirit, according to Belhouchet: « When in 1993, they started to kill journalists, they made no difference between Arab or French speakers, religious or not… What’s important is to remain united whatever happens. This is the only way to overcome fear and fell stronger together! ».

Fatma Ghandour follows suit and calling on her colleagues who took refuge in Tunisia, she insisted on the importance to continue speaking out as journalists: « It is essential not to shut up nor hide in absence! To speak out is very important for us all and for the world! ».

• Pool your media outlets and fight for your independence

Omar Belhouchet suggests a solution which proved very efficient during the Algerian crisis against the State’s domination over the information sector. The solution could well be useful against the collapse of structures and infrastructures in a country at war : the pooling of journalism : « We were helping each other to reduce expenses ; we were printing together in groups, and that helped a lot to keep our independence and contribute to circulate more copies at a smaller costs ».

In the continuity of lessons learned from the Algerian experience, Laurent Prieur, trainer at Media Diversity Institute, added: « Our work as journalists is to be pragmatic. What is important is to ask yourself: why are you in danger? Freedom of expression is just the visible part of the iceberg and what lies below, at the heart of the problem, is the freedom of opinion. This is why one has to know that is impossible not to be in danger as a free and independent journalist. The best protection is that of the population. One has to be sufficiently professional and reliable so that citizens trust us and agree to open their door to us. »

Conclusion

Mourad Sellami, regional editor in chief of the multimedia content platform Dune-Voices.info, a subsidiary of the Media Diversity Institute, closed the debate in recalling that the process is just at its beginning and he made the following recommendations:

• The need to strengthen the freedom of expression, the culture of dialogue and the respect of diversity.
• The emergency in organising the media sector, when the union of the profession and its organisation contribute themselves to the protection of journalists.
• The need to reflect on the ethical bases for the profession
• The importance to call on the civil society to support these actions, since the freedom of the media and the independence of judiciary are the main pillars of a successful democratic transition

Furthermore, given the multiple proposals arising about these issues during the conference, it has been agreed to set up a structure to ensure that the debate continues, to maintain the links between the various participants and to extend it to other media and components of the civil society.

The Media Diversity Institute envisages the holding of a follow up conference to evaluate the steps forward taken for this project.