Audio By Carbonatix
Ghanaian trial attorney in the office of the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Mr Kuntolu Bazawule, has cautioned against the politics of insults and hate speech in the media which could throw the country into mayhem, as was the case in Rwanda.
Mr Bazawule, who has 14 years experience in trials of genocide and hate speech at the ICTR, said all Ghanaians must, in a concerted manner, challenge any person or group of people engaged in any kind of hate speech to forestall a divided society that could give rise to conflicts.
The international jurist was invited in November 2006 by the Ghana Journalists Association (GJA) to give a talk on “Aspects of Criminal Responsibility of Journalists under Public International Law: Lessons and Insights from the ICTR-Media Trials.”
In an interview, he re-echoed ideas in the speech delivered five years ago and cautioned all that the rights to free speech and expression was limited by responsibilities and international, as well as domestic laws.
Discussing his experience with the trials at the ICTR, Mr Bazawule said some moderate Hutus in the government who were against the divisive politics in Rwanda, such as the Prime Minister, Agathe Uwllingiyimana and Boniface Ngulinzira, were murdered in the heat of the confusion and conflict.
This showed that all risked becoming victims in a country torn apart by divisive language, if a concerted effort was not made now against hate and divisive speech.
While commending the President, John Evans A. Mills, for his pronouncements and condemnation of politically motivated divisive language, Mr Bazawule said that was not enough.
“We need action by the President against any of his appointees and members of his party, who publicly make any unfounded statements on air as an example for all,” he said
For the public, he advised that the only defence against imminent mayhem was for all to boldly take a stance against divisive speech and innuendos on air.
Mr Bazawule also reminded journalists and owners of media institutions that international law would judge them guilty if they incited people to plunge counties into conflict.
He said free speech and the practice of journalism would afford no protection or shield for journalists who crossed the limit and were found to have used their noble profession to incite people.
He further reminded them that they were subject to both domestic and international law regulating the exercise of freedom of speech by themselves and propagandists of political parties.
Mr Bazawule encouraged journalists to use the practice of their profession to build consensus in society, reminding them of the case of Georges Henry Yvon Joseph Ruggiu, a Belgian journalist, and three Rwandan journalists, Ferdinand Nahimana, Jean Bosco Barayagwiza and Hassan Ngeze, who were all convicted by the ICTR variously for genocide, crimes against humanity, war crimes among several other charges.
He said when all was said and done, journalists and media organisations who broadcast or diffused hate messages would be liable not as journalists or media personnel per se, but as individuals who cross the line and committed criminal acts.
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