Intervention to the 58th session of the African Commission on Human and Peoples' Rights

Please find the Oral Intervention here: Oral Intervention 58 ACHPR_ENG

AFRICAN COMMISSION ON HUMAN AND PEOPLES'RIGHTS

58th ordinary session

Banjul, The Gambia

April 6 -20, 2016

Contribution of the World OrganisationAgainst Torture (OMCT)

and the International Federation for HumanRights (FIDH)

In the framework of their joint programme,

The Observatory for the Protection ofHuman Rights Defenders

Madame Chairperson, DistinguishedCommissioners and State Delegates,

The World Organisation AgainstTorture (OMCT) and FIDH, within the framework of the Observatory for theProtection of Human Rights Defenders, thank the African Commissionon Human and Peoples’ Rights (ACHPR) for this opportunity to raise some of thekey issues with respect to the situation of human rights defenders in Africa.

While States have the duty to protect humanrights defenders and to ensure that they operate in a safe and enablingenvironment, attacks, threats, judicial harassment, restrictive laws, smearcampaigns against the latter continue to perpetuate an environment of hostilityfor their activities. Impunityfor violations such as extra-judicial killings and enforced disappearances isanother worrying trend that maintains civil society in Africa in a climate offear.

Throughoutthe African continent, the space for civil society and human rights defendersis shrinking, due to three major challenges tied together. First of all, thelack of alternation of power in some African countries has driven theauthorities to exercise greater control on civil society. In addition, as theAfrican continent is undergoing 30 elections, including 18 presidentialelections in 21 African countries this year, human rights violations andescalation of violence are likely to increase, putting civil societyorganisations at the forefront of repression. In other countries, the questionof natural resources remains another major challenge, fuelling the repressionagainst land and environmental rights defenders.

Insuch contexts, State representatives and non-State actors commonly resort topolitical, economic, cultural, religious and security pretexts to underminehuman rights principles, their universality, their indivisibility and theirmonitoring bodies, resulting in increased vulnerability for human rightsdefenders.

Humanrights defenders are routinely portrayed as “obstacles to development”, enemiesand traitors, criminals who must be combated. Such discourse is contrary to thespirit and letter of the African Charter on Human and Peoples’ Rights as wellas the United Nations (UN) Declaration on Human Rights Defenders. It promotesthe repression of human rights defenders. It justifies their criminalisation.

1. Ongoing use of thejudicial arsenal to silence dissenting voices in the framework of electoralcontexts

Inmany African countries known for repressing dissenting voices, we are concernedthat human rights defenders are criminalised in relation to their peacefulactivities, including in the framework of electoral contexts.

Ourorganisations are particularly worried by the serious and ongoing deteriorationof the human rights situation in Burundi since April 2015, following President PierreNkurunziza’s third term bid. Protests were violently crushed while the rightsto freedoms of association, of assembly and of expression were heavilyundermined before, during and after the elections in July 2015. The Burundianauthorities have since silenced independent media, and hundreds of human rightsdefenders have fled thecountry by fear of reprisals. Many of those who remain in Burundi continue tobe subject to intimidation, harassment and physical attacks.

The Observatory is particularly concernedby the enforced disappearance of Ms. Marie-ClaudetteKwizera, Treasurer of the Iteka League, since December 10, 2015, when shewas abducted near the central polyclinic of Bujumbura and forced into a vehicleof Burundian National Intelligence Service (NIS). Since that date, Burundianauthorities have refused to provide any information about her fate orwhereabouts.

Whiletaking note of the fact-finding mission carried out by the African Commissionto Burundi from December 7 to 13, 2015, the Observatory respectfully calls onthe Commission to publicly release the detailed conclusions of itsinvestigation, to continue to closely monitor attacks on human rights defendersand their families, and to urge the Government of Burundi to immediately endsuch violations and to bring those responsible before independent and impartialcourts.

InAngola,Mr. José Marcos Mavungo remain arbitrarydetained since March 2015, following his sentencing, in September of the sameyear, to six years in prison for organising a peaceful demonstration againsthuman rights violations and bad governance in the province of Cabinda. Mr. JoséMarcos Mavungo is a former member of the human rights organisation Mpalabanda -banned by the authorities in 2006.

On March 28, 2016, the Luanda Provincial Tribunal sentencedthe 16 pro-democracy activists who were arrested in June 2015 for organisingpeaceful protests against the 35-year regime of Angolan President Eduardo DosSantos to jail terms ranging from two years and three months to eight years andsix months for the alleged crimes of “preparatory acts of rebellion” and“association of criminals”. The 16 activists, namely Messrs. Henrique Luaty Beirão, Nuno Alvaro Dala, Nelson Dibango Mendes Dos Santos, Alfonso Joao Matias (“M'banza Hamza”),Sedrick de Carvalho, FernandoAntónio Tómas, Hitler Chiconda (“Samussuku”), Italiano Arante Kivuvu, BeneditoJeremias (“Dito Dali”), Albano Evaristo Bingobingo, José Gomes Hata, Inocêncio De Brito, Manuel Nito Alves and Ms. RosaKusso Conde, Ms. Laurinda Manuel Gouveia, journalist Mr. Domingosda Cruz, as well as Mr.Osvaldo Correia Caholo, a reserve military officer acquainted to one of the 16,were sent to different prisonfacilities. Both the prosecution and defence lawyers stated that they wouldappeal the verdict and sentences before the Supreme Court.

In Chad, as of April 8, 2016, five human rights activists were detained at Am Sinéné prison in N’Djamena: four of them are facingtrial for planning to organise peaceful demonstrations that had been scheduledfor March 22 and 29, 2016 to protest against President Idriss Deby’s bid forre-election for a fifth mandate. Mr. MahamatNour Ibedou, President of the Chadian Convention for Human Rights (Convention tchadienne pour lesdroits de l'Homme)and member of the civil society organisations coalition “It’s Enough” (“Ça suffit”), was arrested on March 21,2016. On March 22, 2016, Mr. Kaina Nadjo,Coordinator of the youth movement “Iyina” (“We are tired” in local Arabic), andMr. Younouss Mahadjir,Vice-President of the Union of Chadian Trade Unions (Union des syndicats du Tchad - UST), were in turn arrested. Ms. Céline Narmadji, Spokesperson of thecivil society movement “Enough is Enough” (“Tropc’est trop”), was arrested on March 23. The four were charged with “incitement to an unarmed gathering”,“disturbing public order” and “disobeying a lawful order”. On April 7, the Prosecutor of the Republicrequested six months imprisonment against the latter. A verdict is expected forApril 14, 2016. Besides, on April 4, 2016, Dr. Allazam Albissaty Saleh,spokesperson a.i. of the “It's Enough” coalition, was heard and placed indetention in the premises of the Criminal Police Department, ahead of apeaceful march planned on April 5 within the framework of the coalition. OnApril 7 in the afternoon, he was eventually transferred to the Am Sinénéprison. Dr. Saleh is currently facing accusations of “incitement to an unarmedgathering”, “disturbing public order” and “disobeying a lawful order”. Beforehis arrest, he was acting as the substitute of Mr. Nour Ibedou, detained sinceMarch 21. On another related note, on April 4, Mr. Bertrand Solo, arepresentative of “Iyina”, was summonsed by phone by the Head of Criminal Casesbut refused to show up alleging that the summons had not been made in due form.In addition, proceedings were reportedly launched in view of arresting lawyer Midaye Guerimbaye, President of the Chadian League for Human Rights (Ligue tchadienne des droits de l’Homme -LTDH), affiliated to “It's Enough”.

Inthe DemocraticRepublic of Congo (DRC), human rights defender Christopher Ngoyi Mutamba, President of the NGO CongoCulture and Development Synergy (Synergie Congo culture et développement) and Coordinator of the Platform CivilSociety of Congo, has remained arbitrarily detained since January 2015. Hisarrest followed his participation in protests held in Kinshasaagainst proposed amendments to the Electoral Code Law. He is also a member ofthe Let’s Save Congo (Sauvons le Congo)Network, a coalition of opposition parties and civil society organisationsopposed to amendment of the Constitution or any other laws in a bid to extendthe term of President Kabila beyond December 2016. Mr. Christopher NgoyiMutamba was charged with “incitementto racial hatred”,“arson” and “pillage”. On February 24, 2016, Ms. RebeccaKavugho, Mr. Serge Sivyavugha,Mr. Justin Kambale Mutsongo, Mr. Melka Kamundu, Mr. JohnAnipenda and Mr. GhislainMuhiwa six members of theStruggle for Change (Lutte pour le Changement - LUCHA) youth movement, were sentenced to two years in prisonon charges of “attempting to incite disobedience”. The six were arrested onFebruary 16 in Goma, before a general strike held in protest against delays inorganising the 2016 general elections. They remain detained at Muzenzeprison in Goma. Similarly,two members of the Filimbi citizens’ initiative, which promotes youthparticipation in electoral and democratic process, Messrs. Yves Makwambala andFred Bauma, also a member of the LUCHA movement, have remained detainedsince March 2015.

2. Land and environmental rightsdefenders particularly at risk

Throughoutthe African continent, our organisations remain concerned by the scale of attacksagainst economic, social and cultural rights defenders, in particular land andenvironmental rights defenders, in countries such as in Cameroon, SierraLeone and South Africa, where Mr. Sikhosiphi Bazooka Rhadebe, Chairperson of the AmadibaCrisis Committee, was murdered on March 22, 2016 for leadinghis communityin resisting attempts from Australian-owned mining company MRC and itslocal subsidiary TEM to access its titanium-rich Xolobeni coastal dunes, whichwould result in disruption of the community's way of life.

In Cameroon, the Observatoryremains alarmed by the judicial harassment against prominent environmentalactivist Mr. Nasako Besingi, Director of the NGOStruggle to Economize Future Environment (SEFE), a local environmentalorganisation based in Mundemba, Ndian division. On January 21, 2016, Mr.Besingi was sentenced to pay 25,000 FCFA in fines and more than 400,000 FCFA incourt charges or face one year in prison. Mr. Besingi was convicted for “unlawful assembly”, after anumber of court adjournments. The charges were related to the distribution of T-shirtsagainst the company Herakles Farms and the project of his local subsidiary tobuild a large-scale palm oil plantation, which would lead to massivedeforestation and threaten the livelihoods of residents in an area home tovital biodiversity. On November 3, 2015, Mr. Besingi had already been sentencedby the Mundemba Court in the southwest region of Cameroon to a fine of onemillion FCFA (approx. 1,520 Euros) for “false publication” and “defamation”. Inaddition, Mr. Besingi was condemned to pay damages of 10 million FCFA (approx.15,200 Euros) to the two civil parties (workers of Herakles) and around 200,000FCFA (approx. 304 Euros) of legal costs.

TheObservatory is also concerned by the continued judicial harassment against several members of the Malen LandOwners and Users Association (MALOA) in Sierra Leone. For the past threeyears, MALOA has been monitoring and denouncing the negative human rightsimpact of the activities of Socfin Agricultural Company Sierra Leone Ltd (SAC)in Malen's district, in particular acts of land grabbing.On February 4, 2016, Messrs. Shiaka Sama, MALOA Spokesperson, SimaMattia, James Blango, Lahai Sellu, Musa Sellu and Foday Musa,MALOA members, were found guilty of “destruction of growing plants belonging toSAC”, “destruction of growing plants”, “conspiracy” and “incitement” for allegedly brushing palm oil plants belonging to SAC.As MALOA’s Spokesperson, Mr. Shiaka Sama was sentenced to pay a fine of60,000,000 Leones (approx. 13,000 Euros) or face six months of imprisonment.The five other activists were sentenced to pay a fine of 30,000,000 Leones(approx. 6,500 Euros) each or face five months of imprisonment. While Messrs.Shiaka Sama, Sima Mattia and James Blango were subsequently released, Messrs.Lahai Sellu, Musa Sellu and Foday Musa are currently in detention pendingpayment of the fine.

3. Restrictions to freedom of association

In some African countries authoritiescontinue to exercise greater control on civil society.

Inrecent years, authorities in Ethiopia have passed a host of lawsattacking the media and civil society that have made independent human rightswork in the country almost impossible.

Moreover,in Rwanda, independent civil society organisations have becomeextremely weak as a result of years of State intimidation and infiltration. Theonly remaining effective Rwandan human rights group, the Rwandan League for thePromotion and Defence of Human Rights (Ligue rwandaise pour la promotion et la défense des droits del’Homme - LIPRODHOR), was taken over by members sympatheticto the government in 2013.

Lastbut not least, the Observatory is extremely concerned by the unprecedentedcrackdown on human rights organisations and defenders recently observed in Egypt,where the authorities have summoned human rights workers for questioning,banned them from travel and attempted to freeze their personal funds and familyassets. Scores of humanrights organisations and defenders have reportedly been enlisted in the caseknown as the “foreign funding case No. 173”, afive-year-old investigation into the funding and registration of independenthuman rights groups. Organisations targeted include Nazra for Feminist Studies,the Cairo Institute for Human Rights Studies (CIHRS) the United Group, a lawfirm that has published reports on torture, the Arab Center for theIndependence of the Judiciary and the Legal Profession (ACIJLP), the LandCenter for Human Rights (LCHR), the Egyptian Democratic Academy (EDA), theHisham Mubarak Law Center (HMLC), the Arabic Network for Human RightsInformation (ANHRI), the Egyptian Initiative for Personal Rights (EIPR), ElNadim Center for the Rehabilitation of Victims of Violence and Torture, theEgyptian Center for Economic and Social Rights (ECESR), the Arab Penal ReformOrganization, the Egyptian Center for the Right to Education, El-Haq, theEgyptian Association for Community Participation Enhancement (ACPE), theAppropriate Communications Technologies (ACT), among others.

In thecontext of the “foreign funding case”, on March 29, 2016, Ms. MoznHassan, Executive Director of Nazra for Feminist Studies, was summoned forquestioning as a defendant. The interrogation was then adjourned until further notice. On the sameday, three staff members of the Andalus Center for Tolerance and NonviolenceStudies were also summoned for interrogation in the same case. OnMarch 19, 2016, a Cairo criminal court heard a request from the investigatingjudges to freeze the assets of Mr. HossamBahgat, a journalist and founder of the Egyptian Initiative for PersonalRights who currently writes for the Egyptian news website Mada Masr, and Mr. Gamal Eid,a lawyer and the Director of the Arab Network for Human Rights Information. ACairo criminal court had already issued an order in February to bar Messrs.Bahgat and Eid from travelling outside Egypt. Besides, on March 13 and 14,2016, two staff members of CIHRS and three staff members of Nazra for FeministStudies were notified by telephone of a summons to appear on March 16 beforethe Investigating Judge. On February 17, 2016, officials of the Ministry ofHealth (MoH) issued an administrative order to close the El Nadeem Center forthe Rehabilitation of Victims of Violence and Torture, on the basis that it wasperforming unlicensed work. On April 5, 2016, the MoH sent a delegation to ElNadeem Center to implement the order and close the Center. El Nadeem directorsrefused to comply and leave the premises, as the MoH representatives did notpresent the original document of the closure order, as required by law. At thesame time, El Nadeem Center’s staff was informed via the media that theAzbakeyya district Governorate had filed a complaint against them at theAzbakeya police station for not allowing the closing team to execute theclosing order. The Center has been licensed as a medical clinic since 1993 andhas provided hundreds of torture victims with vital services, includingcounselling and legal assistance.

4. Recommendations:

1) In view of the above-mentionedelements, the Observatory reminds States Parties of their obligation to complywith all the provisions of the African Charter, in particular those relating tothe protection of human rights defenders. In that regard, States shouldimmediately and unconditionally:

- Implement all the provisions ofthe 1998 United Nations (UN) Declaration on Human Rights Defenders, especiallyby guaranteeing in all circumstances their physical and psychological integrityand their capacity to operate in a safe and enabling environment;

- Release all defenders who arearbitrarily detained for their activities of promotion and protection of humanrights and fundamental freedoms, in particular freedoms of expression, peacefulassembly and association;

- Develop differentiated measuresfor the protection of the most vulnerable groups of human rights defenders suchas land and environmental rights defenders, defenders working in rural areas,woman human rights defenders or defenders working on LGBTI issues;

- Put an end to all acts ofharassment - including at the judicial level - against human rights defenders;

- Order immediate, thorough,transparent investigations into allegations of violations of the rights ofhuman rights defenders, in order to identify all those responsible, bring thembefore an independent tribunal, and apply them the sanctions provided by thelaw;

- Refrain from adopting anyprovisions that do not comply with international and African standards withrespect to the exercise of the right to freedom of expression, peacefulassembly and association, and abrogate or revise any such provisions that maybe in force;

- Send a standing invitation to theUN and ACHPR’s Special Rapporteurs on Human Rights Defenders and facilitatetheir country visits.

2)The Observatory also calls upon the ACHPR to:

-Highlight the legitimate work carried out by human rights defenders, and theneed for their protection from harassment and attacks;

- Systematically raise the question of the situationof human rights defenders as well as denounce and condemn all human rightsviolations they face during the examination of the periodic reports of Statesparties to the ACHPR, and on the occasion of all visits conducted in a Stateparty;

-Denounce the impunity that prevails with regard to these violations, and urgeStates to hold those responsible to account;

- Increase its capacities to respond to urgentsituations faced by human rights defenders;

- Ensure the effective implementation of itsresolutions, concluding observations and decisions on communications in orderthat everyone, including human rights defenders, be able to effectively enjoyall the rights and freedoms recognised by the ACHPR, the Universal Declarationof Human Rights and the UN Declaration on Human Rights Defenders;

- Continue to strengthen the collaboration with theUN Special Rapporteur on the Situation of Human Rights Defenders, as well aswith the other regional mechanisms dedicated to the protection of human rightsdefenders.

Thank you for your attention.