18.11.10
Statements
The Observatory: 48th session of the ACHPR: Written intervention
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 48th ordinary session Banjul, The Gambia November 2010
Contribution ofThe World Organisation against Torture (OMCT)and the International Federation for Human Rights(FIDH) Within the framework of their joint programmeThe Observatory for the Protection of Human RightsDefenders Under the agenda item:“Situation of Human Rights Defenders” The World Organisation againstTorture (OMCT) and the International Federation for Human Rights (FIDH) withintheir framework of their joint programme, the Observatory for the Protection ofHuman Rights Defenders express their extreme concern about the situation ofhuman rights defenders who continue to carry out their work in a hostile andrisky environment. InAfrica, the men and women who are in the front line of the defence of rightsfor all are, in some cases, better protected today than following the UnitedNations Declaration on Defenders, they are also more threatened given theadvances they have made: with the helpof specific programmes, such as the Observatory which has accompanied them formore than 13 years, defenders have been able to make their voices heard at theheart of fora, international and regional organisations and, of course, intheir own countries. They have also investedin new areas, including social, economic and cultural rights, LGBT rights andthe fight against corruption. On the African continent, their victories haveenabled considerable advances to be made in recognising the primary importanceof human rights in the exercise of power and in conflict resolution. The AfricanHuman and Peoples’ Rights Commission (CADHP) has significantly contributed tothis progress, particularly in the adoption of several resolutions in favour ofthe promotion and protection of human rights defenders in Africa and in makingthis subject a constant concern in their work and on their agenda. However,the Observatory expresses itsdeepest concern in relation to the decision of the Commission to deny theobserver status to the Coalition of African Lesbian (CAL). This decision, whichconstitutes a serious impediment to the promotion and protection of humanrights for all on the continent, is questioning the capacity of the Commissionto fulfill its mandate of protection and promotion of human rights inaccordance with Article 45 of the African Charter on Human and Peoples’ Rights.The Observatory therefore calls on the Commission to reconsider its decision assoon as possible. Thereare still enormous challenges in terms of promoting and protecting defenders andit is important to note that they are still the object of serious persecutionin numerous countries. Alarming deterioration in thesituation of human rights defenders in the Democratic Republic of Congo (DRC) Kidnappings, disappearances and assassinations of human rights defenders On June 2, 2010,the lifeless body of Mr. Floribert Chebeya Bahizire, Executive Directorof Voice for the Voiceless (Voix-deSans-Voix - VSV), was found in his car on a road on the outskirts of Kinshasa. Mr. FidèleBazana Edadi, member of and driver for VSV, who was accompanying Mr.Chebeya Bahizire, is missing since that day. The Deputy Executive Director of VSV was only given authorisation to seethe body of Mr. Chebeya Bahizire on June 3, 2010 in thecompany of the United Nations Organisation Mission in the Democratic Republicof Congo (MONUC). In the afternoon of June 1, 2010, Mr. Floribert Chebeya Bahizirehad received notice to meet with the General Inspector of the CongoleseNational Police (IG/PNC), General John Numbi Banza Tambo, for a reason whichwas to be explained to him at the time. Accompanied by Mr. Bazana Edadi, Mr. Floribert Chebeya Bahizire thereforewent to the IG/PNC offices in the Lingwala district of Kinshasa around17.00. Those close to them never sawthem again after that. Today, inspite of the announcement of the arrest of an unspecified number of policeofficers and the suspension of General John Numbi Banza Tambo after June 6, 2010,no information about advances in the investigation has been made public and Mr.Fidèle Bazana Edadi continues to be missing. The irregularities noted since thediscovery of Mr. Floribert Chebeya Bahizire’s body – very limited access to thebody for his family, contradictory statements concerning the cause of death –indicate furthermore, an attempt to hide the truth and raise seriousconcerns. The investigation has beenclosed and the opening of a trial against five defendants has beenannounced. Furthermore, Mr. Sylvestre Bwira Kyahi, civil society president inMasisi territory (Northern Kivu) was kidnapped on August 24, 2010 before being found on Tuesday August 30 close to Sake,some 30 kilometres west of Goma. He wastaken by armed men, dressed in uniforms of the Armed Forces of the DemocraticRepublic of Congo (FARDC) in the Nhosho neighbourhood of Goma, in Northern Kivu province. Presented by the Gomaprovincial authorities to the press and his colleagues the day after hisreappearance, Mr. Bwira was visibly weak, his face was swollen and his arms boremarks from the ropes with which he said he had been tied during his detention. In themonths previous to this, Mr. Bwira had been the object of acts of intimidationand threats linked to his activities as a human rights defender. He had been living in hiding since the end ofJuly, after writing and signing an open letter addressed to the CongolesePresident, Joseph Kabila on July 30, requesting the withdrawal of all army andpolice units from Masisi territory, comprised of former members of armed groupswho had recently joined the Congolese army and police. This open letter also denounced the abusesrecently committed by the troops of General Bosco Ntaganda, an ex-commander ofthe rebel group the National Congress for the defence of the people (CNDP),currently a general in the Congolese army, wanted by the International CriminalCourt (ICC) under an international arrest warrant. Acts of intimidation againstdefenders who support the rights of victims of sexual violence in North Kivu On the evening of September 19, 2010, Mrs. Zawadi Leviane Musike, programme manager for the NGO“Female solidarity for peace and comprehensive development (Solidarité féminine pour la paix et le développementintégral - SOFEPADI), has been the victim of threats and harassment in Beni. In a food shop, she came across men inmilitary attire, who would have been members of the Armed Forces of theDemocratic Republic of Congo (FARDC) and who were drinking beer in the companyof three young girls. One of the menrecognised Mrs. Zawadi Leviane Musike and warned his colleagues that she was amember of SOFEPADI; organisation that they claim is responsible for thecondemnation of members of the military for sexual crimes. The men then called other colleagues who hadstayed in their Jeep. The group startedto provoke and threaten Mrs. Zawadi Leviane Musike by walking round her. Mrs. Zawadi Leviane Musike was able to escapethanks to the help of two civilians in the shop. The soldiers then found out where she livedand went there to find her. During thetime this took, Mrs. Zawadi Leviane Musike was driven to a secure place and wasable to warn SOFEPADI. The group thatintimidated Mrs. Zawadi Leviane Musike has still not been identified. The SOFEPADI facilitators remain particularlyvulnerable in the climate of impunity that prevails in Northern Kivu. The Observatory recalls that the members ofSOFEPADI had previously been the object of threats and harassment in Februaryand May 2010. Finally, on October 4, 2010, Mrs.Clémence Bakatuseka, coordinator of theNGO Great Lakes Human Rights Program (GLHRP), was victim of an assassination attemptin Beni, Northern Kivu province, DRC. Six armed men, dressed in military uniform, broke into her home andfired two rounds of bullets at the lock on her bedroom door, ordering her toopen it and to give them the money received from an international NGO to fundher legal advice work. When the victimrefused to comply with this demand, the aggressors threatened Mrs. Bakatuseka fireda third round and fled. The attack tookplace in the presence of Mrs. Bakatuseka’s children. Arbitrary detentions On September 29, 2010, Miss Nicole Bondo Muaka, member of the NGO Black Gowns(Toges Noires) was arrested bythe Congolese police special service (DGRSS) in Kinshasa, when she was workingon her broken down car. Her arrest wouldbe linked to the fact that she had filmed the brutal arrest of an individual bythe President’s bodyguards accused of having thrown a stone at the President’scortege. Miss Nicole Bondo Muaka was taken to the offices of the DGRSS alongwith a friend who was with her, where they were detained without the right tosee their families or their lawyers. Following the publication of a press release on the evening of September29 by the Black Gowns, Mr. André Marie MwilaKayembe, also a member of the Black Gowns went to where Miss Nicole Bondo wasdetained at around 15.30 on September 30. He was also arrested by the samespecial services. His computer, USB andmobile phone were violently taken from him. His lawyer who arrived to assist him was not given authorisation to meetwith him. He was released withoutcharge at 17.40 and his personal effects were returned to him. On October 6, 2010, Miss Nicole Bondo Muaka was released by theCongolese authorities after eight days of detention. No charges against her have been made. Although tired, Miss Nicole Bondo Muaka is ingood health and says that she was not mistreated. The friend who was with Miss Nicole BondoMuaka on the day of her arrest was released on October 5, 2010. Legislation aimed at criminalisinghuman rights defence in Tunisia and the continuationof acts of intimidation and defamation against Tunisian defenders. On June 15, 2010, the Tunisian parliament passed legislation aimed atdirectly criminalising awareness raising activities carried out by Tunisianhuman rights defenders. This law aims complementthe provisions of article 61bis of the Criminal Code by incriminating "any persons whoshall, directly or indirectly, have contacts with agents of a foreign country,foreign institution or organisation in order to encourage them to affect thevital interests of Tunisia and its economic security”. This incrimination foreseesa five to twenty year custodial prison sentence (article 62 of the CriminalCode related to internal security). Thisamendment allows the authorities to prosecute and imprison human rights defenderssupported by foreign or multilateral organisations. In recentmonths, Tunisian defenders have been victims of acts of intimidation. In May 2010, the offices of lawyers, Mr. Abderraouf Ayadi,Mr. AyachiHammami and Mr. MohamedAbbou, as well as that of Ms. Radhia Nasraoui were the object of police cordon forseveral weeks in order to discourage their clients from visiting them. Whilst the cars and motorbikes of plainclothes policemen were conspicuously permanently stationed in front of Mr. Ayadi,Mr. Hammami and Mr. Abbou’s offices in Tunis,the police also took several people in for interview when they visited theoffices of the abovementioned lawyers. These practices, which aim to prevent theselawyers from exercising their profession by intimidating their clients, deprivethem of their source of income and add to the pressure on the owners of theoffices to push them towards unilaterally terminating their leasecontract. In addition,on the night of April 30 to May 1, 2010, the office of Ms. Radhia Nasraoui was theobject of a burglary when her computer hard drive was stolen. This breaking and entering took placefollowing a telephone conversation between Ms. Radhia Nasraoui and one of herclients about a dispute involving a figure close to the Tunisian government. On May 18, 2010, the Al-Hadath and Ach-Chourouk newspaperspublished virulent unsigned articles against Mrs. Sihem Bensedrine, spokeswoman for the NationalFreedom Council in Tunisia (Conseil nationalpour les libertés en Tunisie), Mr. Khémaïs Chammari,honorary member of the Euro-mediterranean Human Rights Network (Réseau euro-méditerranéen des droits de l’Homme - REMDH) andformer vice-President of the FIDH, and Mr. Kamel Jendoubi, President ofREMDH and member of the OMCT Executive Council, calling them “traitors”,“agents” and “mercenaries” “who should be tried” (sic) for having “been incontact with the European Union to sabotage the country” on the grounds thatthe latter had demanded that the government respect its international humanrights obligations. Restrictions to the right topeaceful assembly in Algeria In Algeria,the – already reduced – space for freedom of human rights defenders is evenmore reduced. A large number of humanrights NGOs have effectively still not been successful in obtaining legalregistration and are unable to carry out their work in good conditions eventhough they have been given a receipt by the local authorities. At 11.00 on May 3, 2010, on the World Press Freedom Day, a peacefulassembly was organised in front of the national television offices in order todemand the right to freedom of expression in Algeriaand to denounce censorship. Before theassembly started, a considerable police presence had been put in place to blockall access to the buildings and preventing the assembly from taking placethere. Four of the organisers, Messrs. Mustapha Benfodil,Adlane Meddiand SaïdKhatibi, facilitators for the “Bezzzef” (“Assez!“) group, whichreports attacks on freedoms in Algeria though peaceful public actions, as wellas Mr. Hakim Addad,secretary general of Action and Youth Assembly (Rassemblement action et jeunesse - RAJ) werearrested by the police forces for “non-authorised gathering” and taken to theboulevard des Martyrs police station in Algiers. During their detention,they were subjected to an interrogation about the assembly, before being freedat 14.30. On May 12,2010, the Algerian administrative authorities notified the owner of the AlgiersTrade Union offices (Maisondes syndicats), legally occupied by the Autonomous nationalpublic administration trade union (Syndicatnational autonome des personnels de l’administration publique- SNAPAP), of the closure of their offices, primarily because of “public orderproblems caused by the occupants of the offices” and “transformation of theoffices into a meeting place for young women and men from different regions ofthe country”. This bantook place on the day before the Maghrebtrade union forum, organised by SNAPAP, was due to take place on May 14 and 15at the Trade Union offices. Consequently, the autonomous trade unions andindependent civil society organisations were deprived of this private officewhich had been used as a place to meet and debate, in a context where requests forauthorisation to hold meetings in public places are systematicallyrefused. Furthermore, the notificationof the ban, addressed to the owner and not to the organisationrenting the Trade union offices, followed by the sealing of the room, deprivesthe trade unionists of their right to jurisdictional recourse, therebycontravening Article 14 (5) of the International Covenant onCivil and Political Rights. EveryWednesday since 1998, families of the disappeared have met in front of theNational Consultative Commission on the promotion and protection of humanrights (Commissionnationale consultative pour la promotion et la protection des droits de l’Homme- CNCPPDH) in Algiers, the usual meeting place for the families to demand truthand justice for the fate of their loved ones who disappeared during the1990s. This weekly meeting was suddenlybanned on August 4, 2010, the massive deployment of police officershaving cordoned off all access routes. Since then, the families have tried to continue to meet each week. However, the meeting has been systematicallyrepressed by the police. On August 11,several activists joined the families on a march to express their solidarity. Among them were at least four human rightsdefenders who belong to the Algerian League for Human Rights Defence (Ligue algérienne pour la défense desdroits de l’Homme - LADDH), including the President, Moustafa Bouchachi,and the human rights lawyer, AmineSidhoum. Lawenforcement officers prevented some 40 family members of disappeared personsand the defenders from holding a peaceful protest in front of the offices ofthe CNCPPDH in Algiers. No official reason regarding why they wereprevented from holding their peaceful protest has been communicated to the families;the police officers limited themselves to stating that “the order came from onhigh”. The policeused violence to break up the protestors by pushing them and randomly hittingthem, according to witnesses of the incident. State agents did not spare the mothers or grandmothers of thedisappeared. The police officers alsobeat several human rights defenders and lawyers who were trying to intervene toprevent the family members of the disappeared from being injured. Fatma Lakhal,wife of a victim of forced disappearance and HassanFarhati, member of the Association SOS-Disappeared (SOS-Disparus)were hospitalised. After having put anend to the protest, the police forced the other protestors to get into a buswhich took them away from the assembly site. Four protestors, two of whom were members of the LADHH, were arrestedand detained, apparently with the aim of intimidating them and dissuading themfrom taking part in other, similar, protests. The four people arrested were released without charge several hours later. To this day, assemblies continue to berepressed. Arbitrary detentions and legalharassment against defenders in Zimbabwe, Tunisia, Gambia and Uganda. InZimbabwe,on June 3, 2010 Mr. Farai Maguwu,director of the Centre for Research and Development (CRD) was arrested andaccused of “communication and publishing false information against the Statewith the intention of harming security or the economic interests of thecountry” contravening Section 31 of the Criminal Code. He was held under preventive detention until July 12, 2010, before being released on bail. Mr. Maguwu has been accused, which he denies, of having transmitted a CRDreport on human rights violations in the mining area of Chiadzwa on theKimberley Process Monitor during their visit to Zimbabwein May 2010.[1] Thisreport includes cases of arrests and arbitrary detentions, torture andextrajudicial executions carried out by members of the police, army and privatesecurity companies, in collusion with legal or illegal diamond mining companies. On October 21, Mr. Maguwu was finallyacquitted, as the charges against him were dropped. In Tunisia, on July 6, 2010, theGafsa court of appeal confirmed the four-year prison sentence handed down atthe trial court against Mr. Fahem Boukaddous, a journalist andcorrespondent for Al Hiwar AlTounisi satellite television and for the Al Badil website for“participation in an agreement aimed at preparing and committing attacksagainst persons and property”. Mr.Boukaddous, hospitalised in the town of Sousse for respiratoryproblems was unable to attend the hearing. His lawyers, therefore, requested the hearing be adjourned. This decision was made at the end ofproceedings initiated in 2008, following which Mr. Boukaddous was sentenced inabsentia in December 2008 to six years in prison following publication by thejournalist of a series of articles and reports shedding light on the repressionof the pacific social movement that had risen up in the region of Gafsa-Redeyefin 2008. The trade unionist, Hassan Ben Abdallah, isalso serving a four-year sentence for having participated in the peacefulprotest social movement in the Gafsa mining basin. In Uganda,on September 15, 2010, Mr. Mbugua Mureithi, a Kenyan lawyer representing the family members of defendantssuspected of having been involved in the terrorist attack in Kampalaon July 11, 2010 and Mr. Al-AminKimathi, executive coordinator of the Kenyan Muslim Human Rights Forum(MHRF) were arrested by Ugandan government agents on arriving at Entebbeinternational airport. Mr. Murethi and Mr.Kimanthi were transferred to the headquarters of the Ugandan police Rapidreaction unit and detained. They wereinterrogated by plain clothes individuals about their alleged contact with theactivities of Al-Shabaab, an Islamic group which claims responsibility for theterrorist attack in Kampala. On September 20, 2010, Mr.Al-Amin Kimathi was specifically accused of terrorism and attempted assassinationlinked to the attack on July 11. He was put in preventive detention in a highsecurity prison in Luzita. A hearingtook place on October 22 and his detention was extended whilst he awaits trial. Mr. Mureithi and Mr. Kimathi had just attended a hearing linked to theJuly 11 attack. The sentencing was plannedfor September 16 and Mr. Mureithi was to represent the civilians transferredfrom their country to Ugandafor their alleged participation in the attack. Mr. Kimathi and the MHRF areknown for their denouncement of human rights violations committed within theframework of the fight against terrorism in East Africaand the Horn of Africa. In Gambia, on October 11, 2010, Mrs. Touray, executive director of theCommittee on traditional practices affecting the health of women and children (GAMCOTRAP)and Mrs. Bojang-Sissoho, programmemanager for the same organisation, were arrested and detained before beingtransferred to the main prison “Mile Two” the following day. They were detained until October 20, 2010 when they were released onbail. In May 2010, an inquiry commissioncreated by the Gambian president with the aim of carrying out an investigationinto the amount in question had already concluded that the accusations againstGAMCOTRAP were unfounded. Expulsion and refoulement of defenders In Burundi, in a letter addressed to the Human Rights Watchresearcher, Neela Ghoshal, on May 18, 2010, the Minister for ForeignAffairs and International Cooperation informed her of the retraction of herapproval to work as a representative for Human Rights Watch in Burundi. He requestedthat she immediately ceases her activities and to leave the country by June 5, 2010. This ban occurred only a few days prior tothe start of a series of elections, including presidential elections, in acontext where the ruling power was trying to silence any criticism of theirperiod of government and the conditions under which the elections were takingplace. Recommendations: 1) Related to the persistent humanrights violations against defendersin the States parties to the AfricanCharter on Human and Peoples' Rights, the Observatory calls on the States to: · Put an end to all forms of repression against human rights defendersand their organisations;· Guaranteefor human rights defenders the rights and freedoms recognised in the InternationalCovenant on Civil and Political Rights, the International Covenant on Economic,Social and Cultural Rights and the United Nations Declaration on Human RightsDefenders;· Recognisethe essential role of human rights defenders in the implementation of theUnited Nations Universal Declaration of Human Rights and other human rightsinstruments, including the AfricanCharter on Human and Peoples' Rights, as well as in the prevention ofconflicts and achieving theimplementation of theRule of Law and democracy;· To conform to the provisions of theUnited Nations Declaration on Human Rights Defenders, specificallyArticle 1 which provides that “Everyone has the right,individually and in association with others, to promote and to strive for theprotection and realization of human rights and fundamental freedoms at thenational and international levels” and Article 12.2 which provides that “TheState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”, to the protocol of the AfricanCharter on Human and Peoples' Rights related to women’s’rights, the Universal Declaration of HumanRights, as well as the provisions set out in internationalhuman rights instruments to which they are party;· To facilitate the mandate of the ACHPRSpecial Rapporteur on human rights defenders inAfrica, by openly inviting him to visit their countries and putting sufficientfinancial and human resources at hisdisposal in order that he may complywith his mandate;· To facilitatethe mandate of the United Nations Special Rapporteur on Human Rights Defenders,particularly by openly inviting her to visit their countries. 2) The Observatoryalso appeals to the ACHPR SpecialRapporteur on the situation of defenders in Africa to: · Fully implement his mandate,particularly, through the publication of press releases, showing concern forthe protection of human rights defenders and independent civil society and thepromotion of their activities.· Make public and publish on theACHPR website reports on his activities.· take the contribution of the Observatory fully intoaccount in the study of the law and practices related to freedom ofassociation, provided for in resolution CADHP/Res.151(XLVI)09· Denounce the situation of defenders in Tunisia and Algeria, related to thesystematic character of the repression against them in these two countries. 3)The Observatory also appealsto the African Commission on Human andPeople´s Rights to: · Reconsider its decision denying theobserver status to CAL;· Reinforce the means of the ACHPRSpecial Rapporteur on the situation of defenders in order to assist him incontinuing with his actions related to the promotion and protection of humanrights defenders in Africa;· Continue withand deepen the collaboration with the United Nations Special Rapporteur onHuman Rights Defenders, as well as other regional mechanisms for the protectionof human rights defenders.· Adopt a resolution on the situation of human rightsdefenders in DRC, specifically focussing on the need to elucidate the case ofFloribert Chebeya and Fidèle Bazana.
[1] The CRD is a member of the Civil Society Coalition ofthe Kimberley Process Monitor, an official observer of this internationalmechanism. The Kimberley Process Monitoris a certification mechanism for rough diamonds which aims to eradicateconflict diamond trade, which is responsible for feeding conflicts.
Contribution ofThe World Organisation against Torture (OMCT)and the International Federation for Human Rights(FIDH) Within the framework of their joint programmeThe Observatory for the Protection of Human RightsDefenders Under the agenda item:“Situation of Human Rights Defenders” The World Organisation againstTorture (OMCT) and the International Federation for Human Rights (FIDH) withintheir framework of their joint programme, the Observatory for the Protection ofHuman Rights Defenders express their extreme concern about the situation ofhuman rights defenders who continue to carry out their work in a hostile andrisky environment. InAfrica, the men and women who are in the front line of the defence of rightsfor all are, in some cases, better protected today than following the UnitedNations Declaration on Defenders, they are also more threatened given theadvances they have made: with the helpof specific programmes, such as the Observatory which has accompanied them formore than 13 years, defenders have been able to make their voices heard at theheart of fora, international and regional organisations and, of course, intheir own countries. They have also investedin new areas, including social, economic and cultural rights, LGBT rights andthe fight against corruption. On the African continent, their victories haveenabled considerable advances to be made in recognising the primary importanceof human rights in the exercise of power and in conflict resolution. The AfricanHuman and Peoples’ Rights Commission (CADHP) has significantly contributed tothis progress, particularly in the adoption of several resolutions in favour ofthe promotion and protection of human rights defenders in Africa and in makingthis subject a constant concern in their work and on their agenda. However,the Observatory expresses itsdeepest concern in relation to the decision of the Commission to deny theobserver status to the Coalition of African Lesbian (CAL). This decision, whichconstitutes a serious impediment to the promotion and protection of humanrights for all on the continent, is questioning the capacity of the Commissionto fulfill its mandate of protection and promotion of human rights inaccordance with Article 45 of the African Charter on Human and Peoples’ Rights.The Observatory therefore calls on the Commission to reconsider its decision assoon as possible. Thereare still enormous challenges in terms of promoting and protecting defenders andit is important to note that they are still the object of serious persecutionin numerous countries. Alarming deterioration in thesituation of human rights defenders in the Democratic Republic of Congo (DRC) Kidnappings, disappearances and assassinations of human rights defenders On June 2, 2010,the lifeless body of Mr. Floribert Chebeya Bahizire, Executive Directorof Voice for the Voiceless (Voix-deSans-Voix - VSV), was found in his car on a road on the outskirts of Kinshasa. Mr. FidèleBazana Edadi, member of and driver for VSV, who was accompanying Mr.Chebeya Bahizire, is missing since that day. The Deputy Executive Director of VSV was only given authorisation to seethe body of Mr. Chebeya Bahizire on June 3, 2010 in thecompany of the United Nations Organisation Mission in the Democratic Republicof Congo (MONUC). In the afternoon of June 1, 2010, Mr. Floribert Chebeya Bahizirehad received notice to meet with the General Inspector of the CongoleseNational Police (IG/PNC), General John Numbi Banza Tambo, for a reason whichwas to be explained to him at the time. Accompanied by Mr. Bazana Edadi, Mr. Floribert Chebeya Bahizire thereforewent to the IG/PNC offices in the Lingwala district of Kinshasa around17.00. Those close to them never sawthem again after that. Today, inspite of the announcement of the arrest of an unspecified number of policeofficers and the suspension of General John Numbi Banza Tambo after June 6, 2010,no information about advances in the investigation has been made public and Mr.Fidèle Bazana Edadi continues to be missing. The irregularities noted since thediscovery of Mr. Floribert Chebeya Bahizire’s body – very limited access to thebody for his family, contradictory statements concerning the cause of death –indicate furthermore, an attempt to hide the truth and raise seriousconcerns. The investigation has beenclosed and the opening of a trial against five defendants has beenannounced. Furthermore, Mr. Sylvestre Bwira Kyahi, civil society president inMasisi territory (Northern Kivu) was kidnapped on August 24, 2010 before being found on Tuesday August 30 close to Sake,some 30 kilometres west of Goma. He wastaken by armed men, dressed in uniforms of the Armed Forces of the DemocraticRepublic of Congo (FARDC) in the Nhosho neighbourhood of Goma, in Northern Kivu province. Presented by the Gomaprovincial authorities to the press and his colleagues the day after hisreappearance, Mr. Bwira was visibly weak, his face was swollen and his arms boremarks from the ropes with which he said he had been tied during his detention. In themonths previous to this, Mr. Bwira had been the object of acts of intimidationand threats linked to his activities as a human rights defender. He had been living in hiding since the end ofJuly, after writing and signing an open letter addressed to the CongolesePresident, Joseph Kabila on July 30, requesting the withdrawal of all army andpolice units from Masisi territory, comprised of former members of armed groupswho had recently joined the Congolese army and police. This open letter also denounced the abusesrecently committed by the troops of General Bosco Ntaganda, an ex-commander ofthe rebel group the National Congress for the defence of the people (CNDP),currently a general in the Congolese army, wanted by the International CriminalCourt (ICC) under an international arrest warrant. Acts of intimidation againstdefenders who support the rights of victims of sexual violence in North Kivu On the evening of September 19, 2010, Mrs. Zawadi Leviane Musike, programme manager for the NGO“Female solidarity for peace and comprehensive development (Solidarité féminine pour la paix et le développementintégral - SOFEPADI), has been the victim of threats and harassment in Beni. In a food shop, she came across men inmilitary attire, who would have been members of the Armed Forces of theDemocratic Republic of Congo (FARDC) and who were drinking beer in the companyof three young girls. One of the menrecognised Mrs. Zawadi Leviane Musike and warned his colleagues that she was amember of SOFEPADI; organisation that they claim is responsible for thecondemnation of members of the military for sexual crimes. The men then called other colleagues who hadstayed in their Jeep. The group startedto provoke and threaten Mrs. Zawadi Leviane Musike by walking round her. Mrs. Zawadi Leviane Musike was able to escapethanks to the help of two civilians in the shop. The soldiers then found out where she livedand went there to find her. During thetime this took, Mrs. Zawadi Leviane Musike was driven to a secure place and wasable to warn SOFEPADI. The group thatintimidated Mrs. Zawadi Leviane Musike has still not been identified. The SOFEPADI facilitators remain particularlyvulnerable in the climate of impunity that prevails in Northern Kivu. The Observatory recalls that the members ofSOFEPADI had previously been the object of threats and harassment in Februaryand May 2010. Finally, on October 4, 2010, Mrs.Clémence Bakatuseka, coordinator of theNGO Great Lakes Human Rights Program (GLHRP), was victim of an assassination attemptin Beni, Northern Kivu province, DRC. Six armed men, dressed in military uniform, broke into her home andfired two rounds of bullets at the lock on her bedroom door, ordering her toopen it and to give them the money received from an international NGO to fundher legal advice work. When the victimrefused to comply with this demand, the aggressors threatened Mrs. Bakatuseka fireda third round and fled. The attack tookplace in the presence of Mrs. Bakatuseka’s children. Arbitrary detentions On September 29, 2010, Miss Nicole Bondo Muaka, member of the NGO Black Gowns(Toges Noires) was arrested bythe Congolese police special service (DGRSS) in Kinshasa, when she was workingon her broken down car. Her arrest wouldbe linked to the fact that she had filmed the brutal arrest of an individual bythe President’s bodyguards accused of having thrown a stone at the President’scortege. Miss Nicole Bondo Muaka was taken to the offices of the DGRSS alongwith a friend who was with her, where they were detained without the right tosee their families or their lawyers. Following the publication of a press release on the evening of September29 by the Black Gowns, Mr. André Marie MwilaKayembe, also a member of the Black Gowns went to where Miss Nicole Bondo wasdetained at around 15.30 on September 30. He was also arrested by the samespecial services. His computer, USB andmobile phone were violently taken from him. His lawyer who arrived to assist him was not given authorisation to meetwith him. He was released withoutcharge at 17.40 and his personal effects were returned to him. On October 6, 2010, Miss Nicole Bondo Muaka was released by theCongolese authorities after eight days of detention. No charges against her have been made. Although tired, Miss Nicole Bondo Muaka is ingood health and says that she was not mistreated. The friend who was with Miss Nicole BondoMuaka on the day of her arrest was released on October 5, 2010. Legislation aimed at criminalisinghuman rights defence in Tunisia and the continuationof acts of intimidation and defamation against Tunisian defenders. On June 15, 2010, the Tunisian parliament passed legislation aimed atdirectly criminalising awareness raising activities carried out by Tunisianhuman rights defenders. This law aims complementthe provisions of article 61bis of the Criminal Code by incriminating "any persons whoshall, directly or indirectly, have contacts with agents of a foreign country,foreign institution or organisation in order to encourage them to affect thevital interests of Tunisia and its economic security”. This incrimination foreseesa five to twenty year custodial prison sentence (article 62 of the CriminalCode related to internal security). Thisamendment allows the authorities to prosecute and imprison human rights defenderssupported by foreign or multilateral organisations. In recentmonths, Tunisian defenders have been victims of acts of intimidation. In May 2010, the offices of lawyers, Mr. Abderraouf Ayadi,Mr. AyachiHammami and Mr. MohamedAbbou, as well as that of Ms. Radhia Nasraoui were the object of police cordon forseveral weeks in order to discourage their clients from visiting them. Whilst the cars and motorbikes of plainclothes policemen were conspicuously permanently stationed in front of Mr. Ayadi,Mr. Hammami and Mr. Abbou’s offices in Tunis,the police also took several people in for interview when they visited theoffices of the abovementioned lawyers. These practices, which aim to prevent theselawyers from exercising their profession by intimidating their clients, deprivethem of their source of income and add to the pressure on the owners of theoffices to push them towards unilaterally terminating their leasecontract. In addition,on the night of April 30 to May 1, 2010, the office of Ms. Radhia Nasraoui was theobject of a burglary when her computer hard drive was stolen. This breaking and entering took placefollowing a telephone conversation between Ms. Radhia Nasraoui and one of herclients about a dispute involving a figure close to the Tunisian government. On May 18, 2010, the Al-Hadath and Ach-Chourouk newspaperspublished virulent unsigned articles against Mrs. Sihem Bensedrine, spokeswoman for the NationalFreedom Council in Tunisia (Conseil nationalpour les libertés en Tunisie), Mr. Khémaïs Chammari,honorary member of the Euro-mediterranean Human Rights Network (Réseau euro-méditerranéen des droits de l’Homme - REMDH) andformer vice-President of the FIDH, and Mr. Kamel Jendoubi, President ofREMDH and member of the OMCT Executive Council, calling them “traitors”,“agents” and “mercenaries” “who should be tried” (sic) for having “been incontact with the European Union to sabotage the country” on the grounds thatthe latter had demanded that the government respect its international humanrights obligations. Restrictions to the right topeaceful assembly in Algeria In Algeria,the – already reduced – space for freedom of human rights defenders is evenmore reduced. A large number of humanrights NGOs have effectively still not been successful in obtaining legalregistration and are unable to carry out their work in good conditions eventhough they have been given a receipt by the local authorities. At 11.00 on May 3, 2010, on the World Press Freedom Day, a peacefulassembly was organised in front of the national television offices in order todemand the right to freedom of expression in Algeriaand to denounce censorship. Before theassembly started, a considerable police presence had been put in place to blockall access to the buildings and preventing the assembly from taking placethere. Four of the organisers, Messrs. Mustapha Benfodil,Adlane Meddiand SaïdKhatibi, facilitators for the “Bezzzef” (“Assez!“) group, whichreports attacks on freedoms in Algeria though peaceful public actions, as wellas Mr. Hakim Addad,secretary general of Action and Youth Assembly (Rassemblement action et jeunesse - RAJ) werearrested by the police forces for “non-authorised gathering” and taken to theboulevard des Martyrs police station in Algiers. During their detention,they were subjected to an interrogation about the assembly, before being freedat 14.30. On May 12,2010, the Algerian administrative authorities notified the owner of the AlgiersTrade Union offices (Maisondes syndicats), legally occupied by the Autonomous nationalpublic administration trade union (Syndicatnational autonome des personnels de l’administration publique- SNAPAP), of the closure of their offices, primarily because of “public orderproblems caused by the occupants of the offices” and “transformation of theoffices into a meeting place for young women and men from different regions ofthe country”. This bantook place on the day before the Maghrebtrade union forum, organised by SNAPAP, was due to take place on May 14 and 15at the Trade Union offices. Consequently, the autonomous trade unions andindependent civil society organisations were deprived of this private officewhich had been used as a place to meet and debate, in a context where requests forauthorisation to hold meetings in public places are systematicallyrefused. Furthermore, the notificationof the ban, addressed to the owner and not to the organisationrenting the Trade union offices, followed by the sealing of the room, deprivesthe trade unionists of their right to jurisdictional recourse, therebycontravening Article 14 (5) of the International Covenant onCivil and Political Rights. EveryWednesday since 1998, families of the disappeared have met in front of theNational Consultative Commission on the promotion and protection of humanrights (Commissionnationale consultative pour la promotion et la protection des droits de l’Homme- CNCPPDH) in Algiers, the usual meeting place for the families to demand truthand justice for the fate of their loved ones who disappeared during the1990s. This weekly meeting was suddenlybanned on August 4, 2010, the massive deployment of police officershaving cordoned off all access routes. Since then, the families have tried to continue to meet each week. However, the meeting has been systematicallyrepressed by the police. On August 11,several activists joined the families on a march to express their solidarity. Among them were at least four human rightsdefenders who belong to the Algerian League for Human Rights Defence (Ligue algérienne pour la défense desdroits de l’Homme - LADDH), including the President, Moustafa Bouchachi,and the human rights lawyer, AmineSidhoum. Lawenforcement officers prevented some 40 family members of disappeared personsand the defenders from holding a peaceful protest in front of the offices ofthe CNCPPDH in Algiers. No official reason regarding why they wereprevented from holding their peaceful protest has been communicated to the families;the police officers limited themselves to stating that “the order came from onhigh”. The policeused violence to break up the protestors by pushing them and randomly hittingthem, according to witnesses of the incident. State agents did not spare the mothers or grandmothers of thedisappeared. The police officers alsobeat several human rights defenders and lawyers who were trying to intervene toprevent the family members of the disappeared from being injured. Fatma Lakhal,wife of a victim of forced disappearance and HassanFarhati, member of the Association SOS-Disappeared (SOS-Disparus)were hospitalised. After having put anend to the protest, the police forced the other protestors to get into a buswhich took them away from the assembly site. Four protestors, two of whom were members of the LADHH, were arrestedand detained, apparently with the aim of intimidating them and dissuading themfrom taking part in other, similar, protests. The four people arrested were released without charge several hours later. To this day, assemblies continue to berepressed. Arbitrary detentions and legalharassment against defenders in Zimbabwe, Tunisia, Gambia and Uganda. InZimbabwe,on June 3, 2010 Mr. Farai Maguwu,director of the Centre for Research and Development (CRD) was arrested andaccused of “communication and publishing false information against the Statewith the intention of harming security or the economic interests of thecountry” contravening Section 31 of the Criminal Code. He was held under preventive detention until July 12, 2010, before being released on bail. Mr. Maguwu has been accused, which he denies, of having transmitted a CRDreport on human rights violations in the mining area of Chiadzwa on theKimberley Process Monitor during their visit to Zimbabwein May 2010.[1] Thisreport includes cases of arrests and arbitrary detentions, torture andextrajudicial executions carried out by members of the police, army and privatesecurity companies, in collusion with legal or illegal diamond mining companies. On October 21, Mr. Maguwu was finallyacquitted, as the charges against him were dropped. In Tunisia, on July 6, 2010, theGafsa court of appeal confirmed the four-year prison sentence handed down atthe trial court against Mr. Fahem Boukaddous, a journalist andcorrespondent for Al Hiwar AlTounisi satellite television and for the Al Badil website for“participation in an agreement aimed at preparing and committing attacksagainst persons and property”. Mr.Boukaddous, hospitalised in the town of Sousse for respiratoryproblems was unable to attend the hearing. His lawyers, therefore, requested the hearing be adjourned. This decision was made at the end ofproceedings initiated in 2008, following which Mr. Boukaddous was sentenced inabsentia in December 2008 to six years in prison following publication by thejournalist of a series of articles and reports shedding light on the repressionof the pacific social movement that had risen up in the region of Gafsa-Redeyefin 2008. The trade unionist, Hassan Ben Abdallah, isalso serving a four-year sentence for having participated in the peacefulprotest social movement in the Gafsa mining basin. In Uganda,on September 15, 2010, Mr. Mbugua Mureithi, a Kenyan lawyer representing the family members of defendantssuspected of having been involved in the terrorist attack in Kampalaon July 11, 2010 and Mr. Al-AminKimathi, executive coordinator of the Kenyan Muslim Human Rights Forum(MHRF) were arrested by Ugandan government agents on arriving at Entebbeinternational airport. Mr. Murethi and Mr.Kimanthi were transferred to the headquarters of the Ugandan police Rapidreaction unit and detained. They wereinterrogated by plain clothes individuals about their alleged contact with theactivities of Al-Shabaab, an Islamic group which claims responsibility for theterrorist attack in Kampala. On September 20, 2010, Mr.Al-Amin Kimathi was specifically accused of terrorism and attempted assassinationlinked to the attack on July 11. He was put in preventive detention in a highsecurity prison in Luzita. A hearingtook place on October 22 and his detention was extended whilst he awaits trial. Mr. Mureithi and Mr. Kimathi had just attended a hearing linked to theJuly 11 attack. The sentencing was plannedfor September 16 and Mr. Mureithi was to represent the civilians transferredfrom their country to Ugandafor their alleged participation in the attack. Mr. Kimathi and the MHRF areknown for their denouncement of human rights violations committed within theframework of the fight against terrorism in East Africaand the Horn of Africa. In Gambia, on October 11, 2010, Mrs. Touray, executive director of theCommittee on traditional practices affecting the health of women and children (GAMCOTRAP)and Mrs. Bojang-Sissoho, programmemanager for the same organisation, were arrested and detained before beingtransferred to the main prison “Mile Two” the following day. They were detained until October 20, 2010 when they were released onbail. In May 2010, an inquiry commissioncreated by the Gambian president with the aim of carrying out an investigationinto the amount in question had already concluded that the accusations againstGAMCOTRAP were unfounded. Expulsion and refoulement of defenders In Burundi, in a letter addressed to the Human Rights Watchresearcher, Neela Ghoshal, on May 18, 2010, the Minister for ForeignAffairs and International Cooperation informed her of the retraction of herapproval to work as a representative for Human Rights Watch in Burundi. He requestedthat she immediately ceases her activities and to leave the country by June 5, 2010. This ban occurred only a few days prior tothe start of a series of elections, including presidential elections, in acontext where the ruling power was trying to silence any criticism of theirperiod of government and the conditions under which the elections were takingplace. Recommendations: 1) Related to the persistent humanrights violations against defendersin the States parties to the AfricanCharter on Human and Peoples' Rights, the Observatory calls on the States to: · Put an end to all forms of repression against human rights defendersand their organisations;· Guaranteefor human rights defenders the rights and freedoms recognised in the InternationalCovenant on Civil and Political Rights, the International Covenant on Economic,Social and Cultural Rights and the United Nations Declaration on Human RightsDefenders;· Recognisethe essential role of human rights defenders in the implementation of theUnited Nations Universal Declaration of Human Rights and other human rightsinstruments, including the AfricanCharter on Human and Peoples' Rights, as well as in the prevention ofconflicts and achieving theimplementation of theRule of Law and democracy;· To conform to the provisions of theUnited Nations Declaration on Human Rights Defenders, specificallyArticle 1 which provides that “Everyone has the right,individually and in association with others, to promote and to strive for theprotection and realization of human rights and fundamental freedoms at thenational and international levels” and Article 12.2 which provides that “TheState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”, to the protocol of the AfricanCharter on Human and Peoples' Rights related to women’s’rights, the Universal Declaration of HumanRights, as well as the provisions set out in internationalhuman rights instruments to which they are party;· To facilitate the mandate of the ACHPRSpecial Rapporteur on human rights defenders inAfrica, by openly inviting him to visit their countries and putting sufficientfinancial and human resources at hisdisposal in order that he may complywith his mandate;· To facilitatethe mandate of the United Nations Special Rapporteur on Human Rights Defenders,particularly by openly inviting her to visit their countries. 2) The Observatoryalso appeals to the ACHPR SpecialRapporteur on the situation of defenders in Africa to: · Fully implement his mandate,particularly, through the publication of press releases, showing concern forthe protection of human rights defenders and independent civil society and thepromotion of their activities.· Make public and publish on theACHPR website reports on his activities.· take the contribution of the Observatory fully intoaccount in the study of the law and practices related to freedom ofassociation, provided for in resolution CADHP/Res.151(XLVI)09· Denounce the situation of defenders in Tunisia and Algeria, related to thesystematic character of the repression against them in these two countries. 3)The Observatory also appealsto the African Commission on Human andPeople´s Rights to: · Reconsider its decision denying theobserver status to CAL;· Reinforce the means of the ACHPRSpecial Rapporteur on the situation of defenders in order to assist him incontinuing with his actions related to the promotion and protection of humanrights defenders in Africa;· Continue withand deepen the collaboration with the United Nations Special Rapporteur onHuman Rights Defenders, as well as other regional mechanisms for the protectionof human rights defenders.· Adopt a resolution on the situation of human rightsdefenders in DRC, specifically focussing on the need to elucidate the case ofFloribert Chebeya and Fidèle Bazana.
[1] The CRD is a member of the Civil Society Coalition ofthe Kimberley Process Monitor, an official observer of this internationalmechanism. The Kimberley Process Monitoris a certification mechanism for rough diamonds which aims to eradicateconflict diamond trade, which is responsible for feeding conflicts.