Contribution to the 49th ordinary session of the African Commission on Human and Peoples' Rights

AFRICAN COMMISSION ON HUMAN AND PEOPLES’RIGHTS

49th Ordinary Session

Banjul, Republic of The Gambia

May 2011

Contribution of

the International Federation for HumanRights (FIDH) and

the World Organisation Against Torture(OMCT)

Within the framework of their jointprogramme,

the Observatory for the Protection ofHuman Rights Defenders

Under the agenda item:

“Situation of Human Rights Defenders”

The InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), in the framework of their joint programme, the Observatory for theProtection of Human Rights Defenders, express their deep concern about thesituation of human rights defenders who continue to work for the respect,promotion and defence of human rights for all on the African continent in ahostile and dangerous environment.

While it is true that in many cases thewomen and men who are in the front line defending human rights are betterprotected than when the United Nations Declaration on Defenders was adopted in1998, in particular thanks to the introduction of alert and protectionmechanisms at national and regional level, they are also under greater threatowing to their constant achievements. With the help of specific programmes suchas the Observatory, which has accompanied them for over 14 years, human rightsdefenders have been able to make themselves heard at national level, and inforums and regional and international organisations. They continue to be activein a great variety of areas, such as economic, social and cultural rights,lesbian, gay, bisexual and transgender rights (LGBT), the fight againstcorruption and the fight against impunity. Thanks to their efforts, considerableprogress has been made in obtaining that human rights be recognised as being ofprime importance in the exercise of power and the resolution of conflicts. TheAfrican Commission on Human and Peoples’ Rights (ACHPR) has made a majorcontribution to such developments, in particular by adopting severalresolutions for the promotion and protection of human rights defenders inAfrica, and by keeping the matter constantly under review in its activities andagenda.

In North Africa, the early part of the year 2011 has been marked by asuccession of social protests that reflected the peoples’ aspiration for socialand political reforms, in order to fully enjoy universally recognised rightsand fundamental freedoms. These events highlighted the great importance ofhaving a strong and recognised civil society for channelling the peoples’demands and conveying them to those in power. From Sidi Bouzid in Tunisia, inDecember 2010, to Cairo a few weeks later, the wave of massive social protestsspread to neighbouring countries, such as Libya and Algeria. This surge ofprotest has affected Zimbabwe, where 46 people were arrested last February forhaving watched a video of the social protest movements in Tunisia and Egypt,and elsewhere. In their fear of further social protest movements calling forrespect for fundamental freedoms, some countries have indeed intensified theirrepression, especially against human rights defenders.

Despite these favourable developments, enormous challenges still lieahead for the promotion and protection of defenders, who are still beingseverely persecuted in numerous countries. In this respect, the Observatory isconcerned at the multiplication of violations against human rights defenderscommitted by State and non-State actors, most often in impunity.

Restrictions to thefreedom of association

Legislation andadministrative practices designed to restrict the freedom of association

In some States parties there is little or no space in which the freedomof association can develop.

In Libya, where for several weeks there has been fighting, independent humanrights groups and movements are still unable to form associations openly, asthe setting up of an association requires prior administrative authorisationthat is hardly ever given when the activity of the association is to defendhuman rights. In June 2009, the General People’s Congress adopted Decision312/2009 by which all new organisations have to give 30 days’ notice for apublic meeting or event, and have to communicate to the authorities the fulllist of participants and the issues to be addressed. Under Law No. 71 and theCriminal Code any person belonging to a “forbidden group” is punished by death.Likewise,

In Algeria, the authorities still refuse to grant legal recognition to humanrights organisations, as in the case of SOS Disappeared (SOS Disparus) and the Mich’al Association of Children of Jijel Disappeared (Association Mich’al desenfants de disparus de Jijel - AMEDJ).

In Tunisia, the transition authorities have announced several measures designed toguarantee respect for the rule of law and fundamental freedoms. In thiscontext, on February 26, 2011, the Tunis Administrative Court cancelled a 1999decision by the Ministry of the Interior opposing the establishment of theNational Council for Liberties in Tunisia (Conseil national pour les libertés en Tunisie - CNLT). On January 15, 2011, access to the premises of the branches andheadquarters of the Tunisian Human Rights League (Ligue tunisienne des droits de l'Homme - LTDH) was restored. And on April 16, 2011, LTDH was able to hold itscongress for the first time since 2005, in the Hammamet section. TheAssociation for the Fight Against Torture in Tunisia (Association de luttecontre la torture en Tunisie - ALTT), whichuntil now the Tunisian Government had considered to be illegal, on February 18,2011 filed with the Ministry of the Interior a new application for registrationunder the name of Organisation Against Torture in Tunisia (Organisation contre latorture en Tunisie - OCTT). In the absence of any response within three months, OCTT will de factobe established legally.

Smear campaigns, legalharassment and administrative sanctions

In Zimbabwe, in recent months, Mr. Abel Chikomo, Executive Director ofthe Zimbabwe Human Rights NGO Forum (Forum), wasquestioned repeatedly by the police on the Forum’s activities, in particularabout a campaign against torture, a national enquiry on transitional justiceand several press releases published in 2011 on the resurgence of politicalviolence. On February 9, 2011, the Machipisa police in Harare arrested twoForum investigators, and questioned them about their work. They were finallyreleased after receiving the assurance that the Director, Mr. Chikomo, wouldreport the next morning to the Machipisa police station. On March 30, 2011,during his last summons to the directorate of the Harare criminal police, Mr.Chikomo was accused of “managing and controlling the operations of an illegalvoluntary organisation”, on the basis of Article 6 (3) of the Private VoluntaryOrganisations Act (PVO Act). He was allowed to return home the same day, oncondition he would report again to the police station the next day.

In Burundi, on October 20, 2011, at a meeting in hisoffice in the presence of representatives of several NGOs, the Minister of theInterior addressed the question of the cancellation of the approval of theBurundi Association for the Protection of Human Rights and Detained Persons (Association burundaisepour la protection des droits humains et des personnes détenues - APRODH) and the replacement ofits President, Mr. Pierre-ClaverMbonimpa. On the same day, a press conference was held by thenational police Spokesman in the offices of the police directorate during whichthe President of APRODH was reportedly accused of supporting armed bandits. OnJanuary 28, 2011, after more than a year of tense relations between the Forumfor the Strengthening of Civil Society (Forum pour le renforcement de la société civile - FORSC)[1] and the Government, the Ministry of the Interior orderedthe rehabilitation of the Forum, whose approval had been withdrawn on November23, 2009 by the Ministry of the Interior on the grounds that its applicationwas not in order, although it had been approved by the same ministry in 2006.

Repression of peaceful demonstrations and social protest movements: thesecurity of defenders threatened

Restrictions to the freedom ofpeaceful assembly

In Cameroon,on November 11, 2010, Mr. Jean-Marc Bikoko,President of the Public Sector Trade Union (Centrale syndicale dusecteur public - CSP), Mr. Maurice Angelo Phouet Foe, SecretaryGeneral of the National Autonomous Education and Training Trade Union (Syndicat national autonome de l'éducation etla formation - SNAEF), Mr. TheodoreMbassi Ondoa, Executive Secretary of the Cameroon Federation of EducationTrade Unions (Fédération camerounaise dessyndicats de l’éducation - FECASE), Mr. Joseph Ze, Secretary General of the United National Trade Union ofTeachers and Professors of Teacher Training Establishments (Syndicat national unitaire des instituteurset professeurs des écoles normales - SNUIPEN), Mr. Eric Nla’a, a CSPaccountant, and Messrs. Nkili Effoa andClaude Charles Felein, members ofSNUIPEN, were arrested by the police during a peaceful demonstration organisedby CSP in order to convey to the Prime minister a memorandum drawn up by thepublic sector workers and addressed to the President, relating in particular toimprovements to the workers’ conditions. The seven trade union leaders, whowere unable to have access to their lawyer, were brought before the Prosecutorthe next morning. On November 12, 2010, they were released by the PublicProsecutor, who told them that they would have to appear before the YaoundéFirst Instance Court to face charges of “organising an illegal demonstration”and “disturbing the public peace”. After several postponements, the case hasstill not been heard. A new hearing is scheduled for May 16, 2011.

In Burkina Faso, according toinformation received by the Burkinabe Movement for Human and Peoples’ Rights (Mouvement burkinabé desdroits de l’Homme et des peuples - MBDHP),students’ demonstrations organised in several cities to protest against thebehaviour of certain elements of the police, to call for truth and justiceregarding the assassination of a schoolchild in the Central-West region, and tosay no to the culture of impunity, were repressed by the police, who fired realbullets. The toll at present is five killed and several dozens wounded. In thiscontext, Mr. ChrysogoneZougmoré, MBDHP President, received threats fromcertain elements of the national gendarmerie. He was summoned on March 10, 2011to the investigation section of the national gendarmerie to “receive a notification”,and was accused of having encouraged, even organised the demonstrations throughthe local sections of the organisation. Representatives of the gendarmeriedeclared to the MBDHP representative that the organisation would be heldresponsible for any material or human damage sustained owing to thedemonstrations.

Repression againstTunisian defenders in the framework of the “Jasmine Revolution”

In December 2010 and January 2011, a wave of arrests and intimidationmeasures hit several human rights defenders, in particular lawyers andjournalists denouncing violations committed by the law enforcement agenciesduring the repression against the national social protest movement against thelack of social justice, corruption and lack of respect for fundamentalfreedoms. On December 28, 2010, lawyers. Abderraouf Ayadi,in charge of CNLT legal affairs, and Chokri Belaîdwere arrested and then unconditionally released the next morning. Earlierduring the day, the two lawyers had addressed a lawyers’ demonstrationorganised in front of the Tunis Law Courts to denounce the violent repressionagainst social movements in the country. On December 29, 2010, in Jendouba, Mr.MouldiZouabi, a journalist with Radio Kalima andcorrespondent of Al-QudsAl-Arabi and Al-Arabyya,was arrested while covering a gathering of lawyers, and then unconditionallyreleased eight hours later. Furthermore, Mr. Ammar Amroussia,Al-Badil correspondent, was arrested the same day in Gafsa. Following theseevents, the President of the Tunis Bar, Mr. Abderrazaq Kilani, and the TunisBar Association called for a peaceful demonstration of lawyers on December 31in several cities, which was violently put down by the police, in particular inTunis, Gafsa, Sfax, Mahdia, Grombalia and Monastir. In addition, on January 11,2011, the peaceful demonstration of artists expressing their support for thesocial protest movement in front of the Tunis municipal theatre was violentlyrepressed and dispersed by numerous plainclothes and uniformed policemen. Severallawyers who took part in the demonstration were assaulted by police officers.On January 13, 2011, lawyer Mohammed Mezam was detained in solitary confinement in the Ministry of the Interioruntil his release on January 14, 2011.

Following the fall of President Ben Ali on January 14, 2011, journalist Fahem Boukaddous and activist Hassan Ben Abdallah, a member of the local committee of the unemployed in Redeyef, who hadbeen detained respectively since six and 11 months, were released on January19, as promised by the Transitional Government. Furthermore, on February 16,2011, following the adoption of a general amnesty law, all human rightsdefenders were released[2].

Resonance of the“Jasmine Revolution”: targeted repression against Egyptian and Algeriandefenders

In Egypt, human rights defenders giving legal, judiciary, social or humanitarianassistance to the demonstrators were arrested, and their means of communicationimpeded. On February 3, 2011, 30 defenders were arrested by the military policeand held for over 24 hours in an unidentified place, where police officersenjoined them to stop supporting the demonstrators, at times ill-treating them.Lawyers of the Hisham Mubarak Law Centre (HMLC), voluntary workers with theFront to Defend Egypt Protestors and members of Amnesty International and HumanRights Watch were among the persons detained: Messrs. Ahmed Seif al-IslamHamad, Mohsen BesheerandMostafa al-Hassan, as well as Ms. Mona al-Masry, Mr. DanielWilliams, Ms. Fatma Abada,Mr. SaeedHadadi and Mr. Khaled Ali,and Mr. Mohamedal-Taher and Ms. Shahenda Abushadi,Ms.Nadine Abushadi and Ms. Nada Sadek.During their detention, the defenders were harassed by military securityagents, and some were subjected to ill-treatments. In addition, the cellphones, cameras and computers of some of them were destroyed by members of themilitary police. All the defenders arrested on February 3 were released betweenFebruary 4 and 6.

In Algeria, acts of intimidation were committed when several trade unions, politicalparties, human rights organisations and civil society organisations, includingthe Algerian League for the Defence of Human Rights (Ligue algérienne pour la défense des droits del'Homme - LADDH), announced the creation of a NationalCoordination for Change and Democracy (Coordinationnationale pour le changement et la démocratie - CNCD), and calledfor a peaceful march on February 12. The aim of the march was to call for thelifting of the state of emergency that had been in force since 1992, therelease of persons detained for their participation in the demonstrations, andan opening up of the political and media arena. On February 7, the AlgiersWilaya announced that it refused to authorise the march for “reasons of publicorder”. CNCD however decided to exercise its right to peaceful assembly all thesame, and maintained the February 12 event. On February 11, 2011, Messrs. KatebSaid, Akrem El Kebir, ChouichaSihem, Ait Tayab Hassan and BouhaYacine, young activists belonging to the Oran branch of LADDH, were arrested whiledistributing flyers calling for the February 12 gathering. They werequestioned, and then released two hours later. In addition, a large force ofuniformed and plainclothes police was deployed around the LADDH headquarters inAlgiers and Oran, and stayed there all day.

Arrest of defenders inconnection with their support for peaceful demonstrations

In Sudan,human rights defenders were arrested in a context of peaceful social protestsorganised by young activists calling for democracy and respect for humanrights, which began on January 30, 2011. These demonstrations were violentlyrepressed by national security forces. In ten days, more than a hundreddemonstrators were arrested, and some of them were subjected to acts of tortureand ill treatment by the National Intelligence and Security Services (NISS). OnFebruary 3, 2011, Mr. Ahmed Mahmoud Ahmed, a student activist, blogger and rapper, was arrested by NISS inKhartoum Bari, and then released on February 15, after having been tortured. OnFebruary 9, Mr. Abdelazim Mohamed Ahmed, Director of the Khartoumbranch of the Easter Centre for Culture and Legal Aid, was also arrested byNISS, and held in solitary confinement until his release on February 13, 2011.

Likewise, in Djibouti, on February 9, 2011, Mr. Jean-PaulNoël Abdi, President ofthe Djibouti League of Human Rights (Liguedjiboutienne des droits humains - LDDH), was arrested by membersof the national gendarmerie and taken to their headquarters in Djibouti-city.On the same day, Mr. Jean-Paul Noël Abdi and Mr. FarahAbadid Heldid, a LDDH member arrested on February 5, were broughtbefore the Public Prosecutor and accused of “participating in an insurgencymovement”, in connection with their supposed support for the students’ movementand the demonstrations that started in December 2010, which had been violentlyput down. During the month of December 2010, Mr. Jean-Paul Noël Abdi haddenounced the repression by the Djibouti authorities against the demonstrations[3]. OnFebruary 9, 2011, Mr. Jean-Paul Noël Abdi wasreleased temporarily for reasons of health[4]. Mr.Farah Abadid Heldid (still detained) and Mr. Noël Abdi are liable to up tofifteen years’ imprisonment and a fine of 7,000,000 Djibouti Francs (approx.27,404 Euros).

The safety of humanrights defenders is in an alarming situation

On the continent, murders and other attacks on human rights defenders’right to life and physical integrity are still a major problem, particularlysince they generally remain unpunished. The lack of independence of somenational judiciary systems prevents victims and the human rights organisationsthat represent them from obtaining justice and breaking the cycle of violence,so encouraging new acts of violence to be committed.

Impunityfor acts of violence against human rights defenders

Thevarious investigations that are under way in the Democratic Republic of Congo(DRC) and in Burundi following the murder of human rights defenders have not alwayspermitted the full chain of criminal responsibility to be established.

In DRC, the trial for the murders onJune 1, 2010 of Mr. Floribert Chebeya Bazire and Mr. Fidèle Bazana,respectivelyPresident and member of Voice of the Voiceless (Voix des sans voix -VSV), opened on November 12, 2010 before the Kinshasa-Gombe Military Court. Despite numerous appeals made bythe Congolese civil society and the international community, the trial openedalthough the investigation does not seem to have been carried out in conditionslikely to guarantee its independence and impartiality. Furthermore, despite thearrest of several police officers, the main suspect, John Numbi Tambo,Inspector General of the national police, was not charged and appeared as asimple witness. Inaddition, since the death and disappearance of the two defenders, theirfamilies have been victims of intimidation and put under considerable pressure.Messrs.Chebeya and Bazana are included in a long list of defenders who have died, have been threatened,harassed, arrested and pursued in recent years because of their human rightsactivities. Impunity for the authors of these crimes continues and feeds thecycle of violence against them.

In Burundi,the basis of the case relating to the murder, during the night of April 8 - 9,2009, of Mr. Ernest Manirumva, Vice-President of the Anti-Corruption andEconomic Malpractice Observatory (Observatoire de lutte contre la corruptionet les malversations économiques - OLUCOME), has still not been examined,two years after the facts and in spite of constant pressure from the Burundicivil society and the international community. Several of the people involvedin planning and/or carrying out the operation that led to the murder of Mr.Ernest Manirumva have never been questioned or troubled in spite of testimonyor evidence linking them to the case. During the months preceding his murder,Mr. Ernest Manirumva was investigating a case related to trafficking within thearmy and the national police. His murder appeared to be directly linked to hisinvestigation into this case, and it is to be feared that the politicalimplications of the case may have impeded the judicial proceedings. It is inthis context that acts of harassment and death threats against human rightsdefenders who fight against impunity are on the increase in the country,especially against the President OLUCOME Mr. Gabriel Rufyiri and hisfamily, and also against Mr. Claver Irambona, a member of OLUCOME.Additionally, on April 8, 2011, two years after the murder of Ernest Manirumva,a police column stopped a peaceful march organised in Bujumbura by theBurundian NGOs, in the framework of a campaign calling for light to be shed onthe exact circumstances of this murder and for those responsible to beprosecuted and tried. Messrs. Gabriel Rufyiri and Claver Irambona were arrestedand held at the Special Bureau of Investigation before being unconditionallyreleased a few hours later.

In Uganda, the community of human rightsdefenders was in mourning following the murder of one of its prominent members.On January 26, 2011, Mr. David Kato, who was responsible for advocacywithin the organisation Sexual Minorities Uganda (SMUG), was beaten to deathat his home near Kampala by an unidentified man. Mr. David Kato succumbed tohis injuries while he was being transferred to Kawolo hospital. A suspect wasarrested on February 17, 2011 and the Observatory hopes that the investigationwill be able to establish the responsibilities of those who have encouragedacts of violence to be committed against defenders working on LGBT rights. Mr.David Kato had received death threats following the publication in 2010 in the RollingStone newspaper of the photos, names and addresses of several people whowere presented as homosexuals. The photo of Mr. David Kato appeared on thefirst page of one of the editions, under the headline “Hang them!”. After hefiled a complaint, on December 30, 2010, the Supreme Court ordered thenewspaper to stop publishing the photos as such publication constituted anattack on the right to privacy. Homosexuality is illegal in Uganda and is punishable bya maximum fourteen-year prison sentence. In October 2009, a Member ofParliament presented a draft anti-homosexuality law to make the crime ofhomosexuality punishable by life imprisonment and by capital punishment in thecase of a second offence. Despite being condemned by the civil society, thisdraft law may come under discussion again in the coming months.

In The Gambia, the absence of any investigation into the murder of the journalist Deyda Hydara in 2004, the enforceddisappearance of the journalist Ebrima Manneh since 2006 and the threats made against human rightsdefenders by the President of the Republic in September 2009 prevent theconstitution of an independent civil society by maintaining a climate of fearamongst the community of human rights defenders.

Threats against defendersworking on economic, social and cultural rights and on sexual minorities

On March 10, 2011, during a press conference organisedby the Congo Business Federation (Fédération des Entreprises du Congo -FEC) in Goma, the organisers and the city Mayor publicly threatened Ms. JustineMasika Bihamba, Coordinator of the Association of Women for the Victimsof Sexual Violence (Synergie des Femmes pour les Victimes des ViolencesSexuelles - SFVS). On the same day, two unknown persons waited for herdaughter in front of her home and snatched her passport and digital camera fromher, then ran away. On March 14, 2011, a Senator from North Kivu province alsopublicly attacked Ms. Masika Bihamba and the SFVS. These threats occurred afterSFVS sent a letter dated March 7, 2011 addressed to the United States Secretaryof State, Ms. Hillary Clinton, asking the American State Department to supportthe application of a law requiring oil, gas and mining companies to inform theSecurities and Exchange Commission (SEC) when they obtained cassiterite, coltan,wolframite and gold from DRC or a neighbouring country. Furthermore, onDecember 27, 2010, a military audit magistrate from Goma called Ms. MasikaBihamba and notified her that he had received the order to arrest her after sheappeared in the TV5 television programme “What if you told me the wholetruth” (“Etsi vous me disiez toute la vérité”) on November 28, 2010, during which shespoke about the general human rights situation in North Kivu, impunity, casesof sexual violence and the human rights violations perpetrated by General BoscoNtaganda, who is the subject of an international arrest warrant for war crimesissued by the International Criminal Court (ICC).

In Cameroon, defenders of the rights of sexual minorities, of the right to choosegender identity and sexual orientation and defenders who fight against HIV/AIDSinfection work in an environment of latent hostility that is encouraged by theauthorities’ statements. Since December 22,2010, the Association for the Defence of Homosexuality (Association de défense de l’hom