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UGANDA: END REPRESSION OF CIVIL SOCIETY

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Uganda’s NGO Bureau, the country’s regulatory authority for non-governmental organizations (NGOs), should immediately rescind the decision to suspend 54 organizations that they have classified as NGOs, which comes in the context of intensifying intimidation and harassment of civil society organizations. The suspension is intended to restrict the rights to freedom of expression and association and stop the activities of independent civil society organizations that are perceived as critical of the authorities.

On 20 August 2021, the National Bureau for NGOs (NGO Bureau) ordered the immediate suspension of these organizations claiming that they had failed to comply with NGO legislation, including by operating with expired permits, failing to file accounts, or failing to register with the Bureau.

According to the Uganda National NGO Forum, most of the organizations were not informed of the Uganda NGO Bureau’s decision or given an opportunity to respond in advance.

Uganda’s 2016 NGO Act imposes burdensome requirements for application for permits for NGOs with multiple layers of registration with periodic renewal applications, and organisations are required to have memorandums of understanding with the district they operate in. There is also a lack of clarity over which organizations fall under this regulatory regime.

The suspension of the organizations is arbitrary, as it goes against Section 33 (2) of the NGO Act, which requires the Bureau to give 30 days’ notice in writing to permit holders to enable them to show cause why the permit should not be revoked. Suspension of independent civil society organizations simply for carrying out their work is an attack on human rights, including the rights to freedom of expression and association. Suspending civil society organizations also exposes those organizations to additional legal risks if they are unable to pay staff or suppliers.

Many of the organizations affected work in critical areas such as legal practices to help poor or marginalized people. Others work on accountability and transparency in the oil sector, and some monitored human rights in the context of the elections. To shut down organizations working so closely with Ugandans abruptly will hurt people who rely on their services or advocacy.

The rights to freedom of expression and association are guaranteed under Articles 9 and 10 of the African Charter on Human and Peoples’ Rights to which Uganda is a state party. Accordingly, the African Commission on Human and Peoples’ Rights issued guidelines on freedom of association and assembly as provided for in the African Charter, that among other things prohibits states from compelling associations to register to be allowed to exist and to operate freely. Further, informal organisations shall not be punished or criminalized under the law or in practice based on their lack of formal status. This decision by the NGO Bureau is a clear demonstration of the repressive nature in which Ugandan authorities have continued to clamp down on civic space and human rights.

The NGO Bureau is mandated to play a regulatory and facilitative role in creating an enabling environment for non-profit organizations in Uganda, but this has not been the case in the recent past.

We acknowledge the positive discussions held between the Minister of Internal Affairs and Civil Society Leaders on 24 August and implore the minister to expeditiously follow through the commitments made to redress the anomalies in the suspension of some of the affected NGOs and establish an Adjudication Committee as required by the law. We further call on authorities in Uganda to ensure that civil society actors involved in promoting fundamental rights can freely exercise their rights consistent with Ugandan Constitution and the country’s international human rights obligations including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.

Signed off by the following civil society organizations:

  1. ActionAid International Africa
  2. Advocacy Network for Africa (AdNA)
  3. AfricanDefenders (the Pan-African Human Rights Defenders Network)
  4. Amnesty International
  5. Asylum Seeker, Refugee & Migrant Coalition (ASRM Coalition)
  6. Campaign for Good Governance (CGG – Sierra Leone)
  7. Campaign for Human Rights and Development International (CHRDI)
  8. Center for Advancement of Rights and Democracy (CARD – Ethiopia)
  9. Center for Constitutional Governance
  10. Center for International Governance, Peace and Justice (CIGPJ – South Sudan)
  11. Center for Youth Advocacy and Development (CEYAD)
  12. Centre for Democracy and Development (CCD)
  13. Change Tanzania
  14. Chapter One Foundation Zambia
  15. CIVICUS
  16. Civil Society Human Rights Advocacy Platform of Liberia
  17. Civil Society Reference Group – Kenya
  18. Consortium of Ethiopian Human Rights Organizations (CEHRO)
  19. Crown The Woman – South Sudan
  20. Digital Society of Africa
  21. DITSHWANELO – The Botswana Centre for Human Rights
  22. Echoes of Women in Africa Initiative (ECOWA – Nigeria)
  23. Ethiopian Human Rights Defenders Center (EHRDC)
  24. FIDH (International Federation for Human Rights)
  25. Foundation for Democratic and Accountable Governance (FODAG – South Sudan)
  26. Haki Africa
  27. Haki Kenya Organisation
  28. Human Rights Defenders Network (HRDN – Sierra Leone)
  29. Human Rights Institute of South Africa (HURISA)
  30. Independent Human Rights Investigators (IHRI – Liberia)
  31. Initiative for Equality and Non-discrimination (INEND)
  32. Inuka Kenya Ni Sisi!
  33. Institute for Democracy and Leadership – Swaziland
  34. Kenya Human Rights Commission (KHRC)
  35. Khulumani Support Group
  36. Kongamano La Mapinduzi Movement
  37. Mozambique Human Rights Defenders Network
  38. Network of the Independent Commission for Human Rights in North Africa
  39. Nigerian Human Rights Defenders Network
  40. Open Society Initiative for Southern Africa (OSISA)
  41. Pan African Lawyers Union (PALU)
  42. Panos Institute Southern Africa (PSAf)
  43. Partnership for Justice (PJ)
  44. Protection International Kenya
  45. Resource Rights Africa (RRA)
  46. South Sudan Human Rights Defenders Network (SSHRDN)
  47. Southern African Human Rights Defenders Network (SAHRDN)
  48. Tanzania Human Rights Defenders Coalition (THRDC)
  49. World March of Women – Kenya
  50. Yiaga Africa
  51. Youth and Society (YAS – Malawi)
  52. Youth Forum for Social Justice
  53. Zimbabwe Human Rights NGO Forum

Zimbabwe Lawyers for Human Rights (ZLHR)

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STATEMENT BY THE SOUTHERN AFRICA HUMAN RIGHTS DEFENDERS NETWORK (SOUTHERN DEFENDERS) ON ELECTIONS IN ZAMBIA.

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In line with the African Charter on Democracy, Elections and Governance, and the Southern African Development Community (SADC) Election Guidelines, the Southern Africa Human Rights Defenders Network (Southern Defenders) has deployed an Election Observation Mission (the Mission) to observe the general elections scheduled to take place on August 12, 2021. The Mission is led by the renowned political science Professor, Adriano Nuvunga, the Executive Director of the Centre for Democracy and Development (CDD) Mozambique. Southern Defenders believes the hallmark of a democratic election is characterised by procedural certainty and outcome uncertainty, meaning that the rules of the electoral game must be clear and that there must be no predetermined election results.

The Mission has been on the ground, observing key processes of the electoral cycle, including the voter registration exercise in December 2020, political campaigns in June 2021 and currently, the election day and results management processes. In addition to general observations around the integrity of Zambia’s electoral process, the Southern Defenders will seek to assess the impact of increased electoral competition in Zambia on civic space and human rights, including the right to participate in political processes, the right to vote and the right to peacefully defend their vote.

“We will focus on the security and protection of human rights defenders in Zambia during the elections. We have noted over the years that elections are a threat multiplier to human rights defenders and democracy activists and we have established a Situation Room that will be active throughout the election period in Zambia. The situation room will receive information on threats to women and men human rights defenders, social justice actors and democracy activists, verify the information and escalate the emerging and significant issues in near real-time for quick redress”.

said Professor Nuvunga upon accreditation of the team of observers from Southern Defenders

The Southern Defenders observers will join other international observers already in Zambia from the African Union, European Union, SADC, COMESA as well as civil society groups such as the Election Resource Centre -Africa, MISA Regional Office among others.

The Southern Defenders initial findings – covering the period until the day after elections – will be presented by the Southern Defenders Chief Observer Professor Adriano Nuvunga on August 14, 2021. The final report, which will cover the civic space and electoral process will include action recommendations for improvements for future electoral cycles will be presented within 90 days from the election day.

Credible elections make a fundamental contribution to democratic, accountable governance. They give people an opportunity to have their say and, through expressing choice, denote their freewill participation in governance. The people of Zambia should cast their ballots in a safe and peaceful manner. We call on all political parties, candidates, the Elections Commission of Zambia, Law enforcement agencies, media houses and other stakeholders to play their part in making sure that the elections are conducted in a free, fair, and peaceful environment and to ensure that the elections reflect the true will of the people.

For further information, please contact Washington Katema, Southern Defenders. Team Leader  wkatema@southernafricadefenders.africa OR +27 736202608 or +260 767634763

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The Southern Africa Human Rights Defenders Network Condemns Human Rights Abuses Following Elections in Tanzania

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The Southern Africa Human Rights Defenders Network (SAHRDN) is deeply concerned about reports of increasing human rights violations in Tanzania, following the 28 October General Elections.

Since preparations for the elections began, State authorities in Tanzania have crushed dissent by arbitrarily arresting more than 15 opposition leaders and members of civil society organisations, suspended the operation of a leading organisation that protects human rights defenders in the country, blocked a number of organisations from observing elections and adopted laws that imposed arbitrary restrictions on the reporting of the media.

On the eve of elections, opposition leaders and civil society groups reported limited access to internet services, including social media platforms, across the country. The limited services silenced human rights defenders, journalists, and bloggers to effectively monitor and report on possible violations of other human rights and the holding of credible elections. In 2016, the African Commission on Human and Peoples’ rights adopted a resolution on the right to freedom of information and expression on the use of internet in Africa in which it set out its concerns over “the emerging practice of State Parties of interrupting or limiting access to telecommunications services such as the Internet, social media and messaging services, increasingly during elections.”

Subsequent to the holding of elections which saw President John Magufuli secure a second term to office, several opposition leaders called for peaceful protests, demanding a re-run of the elections, citing widespread irregularities. However, State authorities responded violently and arrested several opposition leaders, who are now facing terrorism related offences that could result in a lengthy imprisonment, if convicted.

As the SAHRDN, we remind the authorities of Tanzania that respecting and protecting the rights to freedom of expression and freedom of assembly is essential for a democracy and it strengthens good governance and the willingness to be held accountable by members of the public. We also reiterate that these rights are recognised in the country’s Constitution and they are also universally accepted and enshrined in the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights, to which Tanzania is a signatory.

Noting all the above and cognisant of the international rules and obligations applicable to the Republic of Tanzania, the SAHRDN:

  • Calls on the government of Tanzania to respect the right to peaceful assembly, association and to freedom of expression.
  • Condemns the clamp down on civic space and mistreatment of opposition leaders and human rights defenders.
  • Calls on the government of Tanzania to uphold its Constitution, the rule of law and its international obligations for the respect of human rights.
  •  Urges the government of Tanzania to establish initiatives that are aimed at encouraging the broad effective participation of the people of Tanzania, as this is essential to the success of a democracy.
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THE KILLING OF SOMKHELE ENVIRONMENTAL ACTIVIST, FIKILE NTSHANGASE

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23 October 2020

“I refused to sign. I cannot sell out my people. And if need be, I will die for my people.”

Tragically, grandmother Fikile Ntshangase’s words became a reality when she was gunned down in her home at Ophondweni, near Mtubatuba, on the evening of 22 October 2020.

Mama Ntshangashe was the Vice-Chairperson of a sub-committee of the Mfolozi Community Environmental Justice Organisation (“MCEJO”). MCEJO has been challenging the further expansion of a large coal mine at Somkele in KwaZulu-Natal by Tendele Coal Mining (Pty) Ltd. One of the court cases brought by MCEJO is scheduled for hearing in the Supreme Court of Appeal on 3 November 2020.

On Thursday, 22 October 2020 at about 18:30, four gunmen arrived at Mam Nsthangase’s house, where she lives with her 11 year old grandson. Current reports say that they forced themselves into the home and shot her 5 times, and that she died on the scene.

Tendele’s coal mining operations have caused untold destruction of the environment and the homes and livelihoods of the residents of Somkhele. (Photgraphs and video footage available.)

Over the past few months, tension has been rising in the community over the proposed expansion of Tendele’s operations, and MCEJO’s opposition to that expansion.

Recently, Tendele was pushing for an agreement to signed between MCEJO and Tendele to the effect that MCEJO would withdraw its Court challenges of Tendele’s expansion of its coal mine at Somkhele. Mama Nsthangase refused to sign.

She warned sub-committee members that they had no power to make decisions on behalf of MJECO and that the “agreement” only benefited Tendele. She  also refused to attend any of the secret meetings that other sub-committee members held with Tendele. Days before her brutal killing, Mama Ntshangase stated her intention to write an affidavit, revealing that sub-committee members had promised her a payment of R350,000 in return for her signature.

The court challenge that placed a price on Mama Ntshangase’s life is MJECO’s pending review application of Tendele’s new mining right in respect of a 222km2 area in Mpukunyoni, KZN. This review is due to be heard by the North Gauteng High Court in March 2021.

Tendele has publicly characterised MCEJO’s legal challenge as a threat to the mine’s continued existence, stating that, with the current mining area depleted, it needed to expand its mining area, or face closure.

The expansion requires relocation of 19 families from their ancestral land. Many of these families have lived on their land for generations.

Tendele cannot commence any operations in the new mining right area until these families agree to Tendele’s “compensation” offer and sign relocation agreements. These families were subjected to months of violence and intimidation. Despite the clear volatility of the situation, Tendele has accused these families of “holding the Mine, its … employees and many families who have signed [relocation] agreements and indeed the entire community to ransom”. Tendele carried out its pressure campaign even while these families were receiving anonymous death-threats and gunmen opened fire on one of the families’ homes.

In May 2020, Tendele tried to bring an urgent court application to force the families to accept their compensation offer, but abruptly removed the matter from the Court roll when the families opposed the application.    

Tendele has now embarked upon a campaign to pit the State, the Ingonyama Trust Board, traditional leaders and fellow community members against these families to pressure them into signing relocation agreements. Tendele requested the MEC for Transport, Community Safety & Liaison KZN, Minister Ntuli and department officials to set up a “task team”, with the aim of “the two court cases opened by MJECO against the mine remain a threat and needs [sic] to be withdrawn”.

It is against this backdrop that the pro-mining campaign was stepped up during the past week. On 15 October, two sub-committee members, accompanied by two known hitmen, tried to disrupt a MCEJO executive committee meeting with community leaders, which included Mama Ntshangase. One sub-committee member tried to lock the doors, and a prominent leader was assaulted. A criminal case is being opened. This leader, who works in another area, has been warned that his life will be in danger if he is seen in the vicinity.

Billy Mnqondo, a founding member of MCEJO, reports that one of the hitman kept saying “kuzochitheka igazi” (there will be bloodshed). His appeal to the police is: “Make sure that the criminals who murdered our comrade are caught and go to jail. Mam Ntshangase was killed for standing up for what is right. This is wrong and cannot go unpunished.”     

It appears that the mine is being supported by the KwaZulu-Natal government. In July, the Department of Community Safety and Liaison sent a staff member, apparently from its Civilian Secretariat arm (which is conspicuous in its absence whenever the threat of violence looms), to persuade community members to negotiate with the mine.

Since then, after MCEJO members thought it only proper to approach the office of the Ingonyama King Goodwill Zwelithini about their struggle, they have come under even further government pressure via the office of the Premier and COGTA. This is the self-same government that claims to be a custodian for land reform to redress the land imbalance – while wilfully pushing to displace rural farmers from their family land from which they subsist.

For the State and Traditional Authorities actively to assist Tendele in its efforts to bring about MJECO’s withdrawal of its review application is abhorrent to our Constitutional order. Without access to Court, local communities’ right to dignity and section 24 environmental rights are illusory.

The strategies used by Tendele are sadly typical of many companies operating in impoverished rural communities. Mines dangle incentives to impoverished community members with the inevitable consequences of stirring deep community divisions, which almost always lead to violence and deaths. In rural areas that are difficult to police, it takes someone with the determination and the courage of Mama Ntshangase to promote community solidarity and resistance in the face of these strategies. There are other leaders of this calibre in MCEJO and, if anything, the assassination of Mama Ntshangase has renewed their determination to step up the fight against exploitation by the mine.

We mourn the senseless tragedy of Mama Ntshangase’s murder, and condemn her killing.

We call on the South African Police Service to act swiftly to arrest and prosecute her murderers.

We call on the Tendele to stop its campaign of dividing and fomenting violence in the affected community of Somkhele, and to provide funds for Mam Ntshangase’s funeral and for maintenance for her orphaned grandson.

We stand by all defenders of land and environmental rights, and will act to defend their Constitutional rights to life, dignity, free speech, access to justice, access to food and water, and an environment not harmful to health or wellbeing.

Joint Media Statement:,

CER (Centre for Environmental Rights) https://cer.org.za/

Earthlife Africa https://earthlife.org.za/

GET (Global Environmental Trust) https://globalenvironmentaltrust.org/

groundWork https://www.groundwork.org.za/

MACUA (Mining Affected Communities United in Action) https://macua.org.za/

MCEJO (Mfolozi Community Environmental Justice Organisation)

SAHRDN (Southern Africa Human Rights Defenders Network)  http://www.southernafricadefenders.africa/

WAMUA (Women Against Mining United in Action) https://macua.org.za/

——————————————–END——————————————————————

Contacts: Tsepang Molefe; +27 74 405 1257; media@groundwork.org.za

                  Lerato Balendran; +27 79 071 744 ; lbalendran@cer.org.za

                  Sifiso Dladla; +27 78 849 8621; sifiso.dladla@actionaid.org.za

                  Robby Mokgalaka; +27 73 774 3362; robby@groundwork.org.za

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Tanzania: Systematic restrictions on fundamental freedoms in the run-up to the national elections

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22 October 2020

Civil society letter endorsed by over 65 organisations

To: President John Magufuli

Tanzania: Systematic restrictions on fundamental freedoms in the run-up to national elections Excellency,

We, the undersigned civil society organizations, are deeply concerned about the continued deterioration of democracy, human rights and rule of law in the United Republic of Tanzania. In the past five years, we have documented the steady decline of the country into a state of repression, evidenced by the increased harassment, intimidation, prosecution and persecution of political activists, human rights defenders (HRDs), journalists and media houses; the enactment of restrictive laws; and disregard for rule of law, constitutionalism, as well as regional and international human rights standards. We are deeply concerned that the situation has worsened during the COVID-19 pandemic and as the country heads for general elections on 28 October 2020.1

Tanzania as a party to several regional and international treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, has a legal obligation to respect and protect fundamental rights, particularly the right to – freedom of expression and the media, peacefully assemble, form and join associations, and to participate in public affairs, which are fundamental rights for free and fair elections in a democratic society. As a member of the African Union (AU) and the Southern African Development Community (SADC), Tanzania has committed to uphold and promote democratic principles, popular participation and good governance.

Leading up to the elections in Tanzania, we have unfortunately documented an unfavourable environment for public participation and free engagement in the political process. The role of the media in providing information and access to varying viewpoints in a true democracy is indispensable. Media houses must be allowed to provide these services without undue restrictions, yet in recent times, several independent media houses have been suspended. These have included the seven-day suspensions of The Citizen newspaper in February 2019,2 Clouds TV and Clouds FM in August 2020, and the six-month suspension of Kwanza online TV in September 20193 and again in July 2020 for 11 months;4 the online publication ban against Mwananchi news in April 2020;5 the revocation, effective June 24, 2020, of the license of the Tanzania Daima newspaper;6 and the fines against online stations, Watetezi TV and Ayo TV in September 2019.7We note, with great disappointment, that the government is yet to comply with a ruling by the East African Court of Justice requiring the amendment of the Media Services Act to address the unjustified restrictions on freedom of expression.8

We are further concerned about the restrictions on individuals peacefully expressing their opinions, including criticising public officials.9 The latter are required to tolerate a greater amount of criticism than others – a necessary requirement for transparency and accountability. Tanzania’s criminal justice system has however been misused to target those who criticize the government. Tito Magoti and IT expert Theodory Giyani were arrested in December 2019 and questioned over their social media use and association with certain government critics.10 The duo was subsequently charged with economic crimes, including “money laundering” which is a non-bailable offence. Despite their case

being postponed more than 20 times since December 2019, and no evidence being presented against them, they remain in pre-trial detention.11 Investigative journalist Erick Kabendera was similarly arrested and charged with “money laundering” where he was held in pre-trial detention for seven months with his case postponed over ten times.12 Several United Nations (UN) mandate holders have raised concern about the misuse of the country’s anti-money laundering laws that “allow the Government to hold its critics in detention without trial and for an indefinite period.”13

Most recently, prominent human rights lawyer and vocal critic of the government, Fatma Karume was disbarred from practising law in Tanzania following submissions she made in a constitutional case challenging the appointment of the Attorney General.14 Other lawyers are also facing disciplinary proceedings for publicly raising issues on judicial independence and rule of law. Opposition leader, Zitto Kabwe was arrested and prosecuted for statements made calling for accountability for extrajudicial killings by State security agents.15 The above cases are clear evidence of an intolerance for alternative views and public debate.

In addition, authorities should ensure respect for the right of individuals to freely form associations and for those associations to participate in public affairs, without unwarranted interference. We note the increasing misuse of laws to restrict and suspend the activities of civil society organisations.16 On August 12, Tanzania Human Rights Defenders Coalition (THRDC) was notified that its bank accounts had been frozen pending police investigations. THRDC’s coordinator was then summoned by the police to explain an alleged failure to submit to the State Treasury its contractual agreements with donors.17 Prior to this, in June, 2020, the authorities disrupted the activities of THRDC for allegedly contravening “laws of the land.”18 Several other non-governmental organisations working on human rights issues have been deregistered or are facing harassment for issuing public statements critical of the government. Ahead of the elections some civil society organisations have reported being informally told by authorities to cease activities. As a result of the repressive environment, civil society organisations have been forced to self-censor activities.

We also note the enactment of further restrictive laws.19 For example, the Written Laws Miscellaneous Amendments Act (The Amendment Act)20 which has introduced amendments to 13 laws.21 The Amendment Act requires anyone making a claim for violation of rights to have been personally affected.22 This limits the ability of civil society organisations to carry out legal aid and law-based activities where they are not personally harmed. It violates Article 26(2) of the country’s Constitution, which provides for the right of every person “to take legal action to ensure the protection of this Constitution and the laws of the land.” Furthermore, it is an internationally recognized best practice that all persons, whether individually or in association with others, have the right to seek an effective remedy before a judicial body or other authority in response to a violation of human rights.23 The Amendment Act further provides that lawsuits against the President, Vice-President, Prime Minister, Speaker, Deputy Speaker or Chief Justice cannot be brought against them directly but must be brought against the Attorney General.24 This provision undermines government accountability for human rights violations. We remind the authorities that international bodies have raised concern about Tanzania’s repressive laws.25

We are especially concerned over the continued cases of verbal threats and physical attacks against members of opposition political parties.26 We note with concern that to date, no one has been held accountable for the 2017 attack against then CHADEMA party leader, Tundu Lissu, who is a

presidential candidate in the upcoming elections. Most recently, opposition leader Freeman Mbowe was brutally attacked and his assailants are still at large. Failure to thoroughly and impartially investigate such cases breeds a culture of violence and impunity, which in turn threatens the peace and security of the country. The government must take steps to bring perpetrators of such violence to account and to guarantee the safety of all other opposition party members and supporters.

Earlier, in November 2019, the African Commission on Human and Peoples’ Rights (ACHPR) issued a press statement on the “deteriorating human rights situation in Tanzania.”27 The Commission specifically voiced concern over “the unprecedented number of journalists and opposition politicians jailed for their activities.” The ongoing crackdown on civic space in Tanzania also led the UN High Commissioner for Human Rights, Michelle Bachelet, to issue a strong warning ahead of the 28 October 2020 General Elections. At the opening of the UN Human Rights Council’s 45th session, she “[drew] the Council’s attention to increasing repression of the democratic and civic space, in what is becoming a deeply deteriorated environment for human rights” and stressed that “[with] elections approaching later this month, we are receiving increasing reports of arbitrary arrests and detention of civil society actors, activists, journalists and members of opposition parties.” She added: “Further erosion of human rights could risk grave consequences, and I encourage immediate and sustained preventive action.”28

While we acknowledge measures taken by your government to halt the spread of the COVID-19 virus and protect the citizens of Tanzania, we are deeply concerned that the pandemic has been used to unduly restrict fundamental freedoms. Examples are the arrest and sentencing of two Kenyan journalists for interviewing members of the public in Tanzania on the status of the pandemic in the country29 as well as, the suspension of Kwanza Online TV for reposting an alert by the U.S. embassy in Tanzania regarding the pandemic in the country.30 The rights to peacefully express one’s opinion, receive information, peaceful assembly and association, and to participate in public affairs are not only essential in the context of the upcoming elections, but also in relation to the current COVID-19 pandemic. Freedom of expression in particular, ensures “the communication of information to the public, enabling individuals to … develop opinions about the public health threat so that they can take appropriate steps to protect themselves and their communities.”31 The UN has repeatedly emphasized that Government responses to COVID-19 must not be used as a pretext to suppress individual human rights or to repress the free flow of information.32

The need for Tanzania to uphold human rights, democracy and the rule of law is now more than ever important as a matter of national security, following recent reports of insurgent attacks along Tanzania’s border with Mozambique.33 Studies have shown that experiences of injustice, marginalization and a breakdown in rule of law, are root causes of disaffection and violence. A peaceful and prosperous nation requires good governance and respect for rule of law, with a society that protects fundamental freedoms and ensures justice for all.

As civil society organisations deeply concerned about constitutionalism, justice and democracy in the United Republic of Tanzania, we strongly urge your Excellency to adhere to your undertaking to ensure a free and fair election in Tanzania. The government has an obligation to create an enabling environment for everyone, including political opposition, non-governmental organisations, journalists, and other online users, HRDs, and other real or perceived government opponents to exercise their human rights without fear of reprisals. As such, we call on the relevant authorities to immediately drop criminal charges and release defenders such as Tito Magoti and Theodory Giyani and any others being prosecuted for peacefully exercising their rights. Suspensions and the freezing

of assets of non-governmental organisations such as THRDC, independent media houses such as Kwanza Online TV and members of the legal profession- particularly Fatma Karume, must be reversed. Opposition parties must be allowed to freely and peacefully campaign and engage with their supporters without undue restrictions such as arbitrary arrests, physical attacks, forceful dispersal and intimidation of supporters and harassment by security forces. The legitimacy of

Tanzania’s elections is at stake.

We call on Tanzania to heed the messages delivered by national, African, and international actors and to change course before the country enters a full-fledged human rights crisis, with potentially grave domestic and regional consequences.

Signed:

  1. Access Now, Global
  2. Acción Solidaria on HIV/aids, Venezuela
  3. Africa Freedom of Information Centre, Africa
  4. Africa Judges and Jurists Forum
  5. AfroLeadership
  6. ARTICLE 19, Global
  7. Asia Dalit Rights Forum ADRF, New Delhi and Kathmandu
  8. Association for Human Rights in Ethiopia (AHRE)
  9. Association of Freelance Journalists
  10. BudgIT Foundation, Nigeria
  11. CEALDES, Colombia
  12. Center for Civil Liberties, Ukraine
  13. Centre for Human Rights & Development (CHRD), Mongolia
  14. Centre for Law and Democracy, Canada
  15. Center for National and International Studies, Azerbaijan
  16. Child Watch, Tanzania
  17. CIVICUS, Global
  18. Civic Initiatives, Serbia
  19. CIVILIS Human Rights, Venezuela
  20. Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
  21. Committee to Protect Journalists (CPJ)
  22. Community Empowerment for Progress Organization (CEPO), South Sudan
  23. Commonwealth Human Rights Initiative (CHRI)
  24. Corporación Comuna Nueva, Santiago de Chile
  25. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  26. Democracy Monitor PU, Azerbaijan
  27. Eastern Africa Journalists Network (EAJN)
  28. Ethiopian Human Rights Council (EHRCO)
  29. Ethiopian Human Rights Defenders Coalition (EHRDC)
  30. Espacio Público, Venezuela
  31. Front Line Defenders, Global
  32. Groupe d’Action pour le Progrès et la Paix (GAPP-Afrique), Canada
  33. Groupe d’Action pour le Progrès et la Paix (GAPP-BENIN)
  34. Groupe d’Action pour le Progrès et la Paix (GAPP Mali)
  35. Gestos (HIV and AIDS, communication, gender), Brazil
  36. Greenpeace Africa
  37. HAKI Africa, Kenya
  38. Human Rights Concern – Eritrea (HRCE)
  39. Human Rights Defenders Network, Sierra Leone
  40. Humanium, Switzerland
  41. HuMENA for Human Rights and Civic Engagement (HuMENA Regional)
  42. International Partnership for Human Rights (IPHR) – Belgium
  43. Jade Propuestas Sociales y Alternativas al Desarrollo, A.C. (JADESOCIALES)- México
  44. Ligue Burundaise des droits de l’homme Iteka-Burundi
  45. Maison de la Société Civile (MdSC), Bénin
  46. MARUAH, Singapore
  47. Media Rights Agenda (MRA), Nigeria
  48. Nigeria Network of NGOs, Nigeria
  49. Nouvelle Dynamique de la Société Civile de la RD Congo (NDSCI)
  50. Odhikar, Bangladesh
  51. ONG Convergence des Actions Solidaires et les Objectifs de Développement Durable (CAS-ODD ONG) – Bénin
  52. ONG Nouvelle Vision (NOVI), Bénin
  53. Open School of Sustainable Development (Openshkola), Russia
  54. Open Society Initiative for Southern Africa (OSISA)
  55. Partnership for Peace and Development, Sierra Leone
  56. RESOSIDE, Burkina Faso
  57. Robert F. Kennedy Human Rights, Global
  58. Sisters of Charity Federation, United States
  59. Somali Journalists Syndicate (SJS), Somalia
  60. Southern Africa Human Rights Defenders Network (SAHRDN)
  61. Sudanese Development Initiative (SUDIA), Sudan
  62. The Human Rights Centre Uganda (HRCU), Uganda
  63. Tournons La Page (TLP)
  64. Water, Sanitation and Hygiene Network, Sierra Leone
  65. Women in Democracy and Governance, Kenya (WIDAG)
  66. Zambia Council for Social Development, Zambia

1 United Nations, Office of the High Commissioner, UN Experts call on Tanzania to end crackdown on civic space, July 22, 2020, available at https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26117&LangID=E.

2 Committee to Protect Journalists, Tanzania imposes 7-day publication ban on The Citizen, March 01, 2019, available at: https://cpj.org/2019/03/tanzania-citizen-7-day-publication-ban/

3 Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020 available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/. See also American Bar Association, Center for Human Rights, Report on the arbitrary suspension of Kwanza Online TV for sharing information related to the COVID-19 pandemic, October 22, 2020.

4 Committee to Protect Journalists, Tanzania bans Kwanza Online TV for 11 months citing ‘misleading’ Instagram post on COVID-19, July 09, 2020, available at: https://cpj.org/2020/07/tanzania-bans-kwanza-online-tv-for-11-months-citing-misleading-instagram-post-on-covid-19/

5 Committee to Protect Journalists, Tanzanian newspaper banned from publishing online for 6 months over COVID-19 report, May 11, 2020, available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/

6 Committee to Protect Journalist, Tanzanian government revokes license of Tanzania Daima newspaper, June 26, 2020, available at: https://cpj.org/2020/06/tanzanian-government-revokes-license-of-tanzania-daima-newspaper/

7 Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020 available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/

8Committee to Protect Journalists, East Africa court rules that Tanzania’s Media Services Act violates press freedom, March 28, 2019, available at https://cpj.org/2019/03/east-african-court-rules-that-tanzanias-media-serv/

9 We refer to cases such as the arrest of prominent comedian, Idris Sultan, in May 2020 (https://thrdc.or.tz/tanzanian-comedian-and-actor-mr-idris-sultan-charged-for-failure-to-register-a-sim-card/), and the disbarrment from practicing law of prominent lawyer and human rights advocate, Fatma Karume (https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/).

10 Committee to protect journalists, Mwanachi, The Citizen, last seen in Tanzania, November 21, 2017, available at https://cpj.org/data/people/azory-gwanda/.

11 American Bar Association, Center for Human Rights, Tanzania: Preliminary Analysis of the criminal case against Tito Magoti and Theodory Giyani, July 28 2020, available at https://www.americanbar.org/groups/human_rights/reports/tanzania–preliminary-analysis-of-the-criminal-case-against-tito/.

12 Committee to Protect Journalists, Tanzanian journalist Erick Kabendera freed, but faces hefty fines, February 24, 2020, available at: https://cpj.org/2020/02/tanzanian-freelancer-erick-kabendera-freed-but-fac/

13 Mandates of the Special Rapporteur on the situation of human rights defenders; the Working Group on Arbitrary Detention; the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Letter to President of Tanzania, Reference AL TZA 1/2020, January 31,2020, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25049.

14 International Commission of Jurists, Tanzania: ICJ Calls for the reinstatement of lawyer Fatma Karume’s right to practice law, October 8, 2020, available at https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/.

15The Citizen, Zitto Kabwe sentenced to serve one year ban not writing seditious statements, may 29, 2020, available at https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.htm

16 The cancellation of a training organised by Tanzania Human Rights Defenders Coalition (THRDC), the subsequent arrest of THRDC’s Director, Onesmo Olengurumwa, and suspension of the activities of the organisation, as well as freezing of their accounts exemplifies the misuse of these laws against civil society (See: https://www.aa.com.tr/en/africa/tanzania-human-rights-group-suspends-operations/1945400)

17 DefendDefenders, Tanzania: Respect the right to freedom of association, August 24, 2020, available at https://defenddefenders.org/tanzania-respect-the-right-to-freedom-of-association/.

18 Two employees of one of THRDC were arrested in Dar es Salaam and thereafter authorities proceed to arbitrarily cancel the hosting of a three-day security training for 30 human rights defenders. The police claimed that the training was in contravention of the “laws of the land” but did not give a specific provision

19 These include the Electronic and Postal Communications (Online Content) Regulations; Media Services Act; Cybercrimes Act; and Political Parties Amendment Act.

20 Written Laws (Miscellaneous Amendments Act (No. 3) of 2020)

21 Southern Africa Litigation Center, Joint letter, The Written Laws Miscellaneous Amendments Act no.3 ( 2020), available at https://www.southernafricalitigationcentre.org/wp-content/uploads/2020/08/Honourable-Minister-of-Justice-for-the-Republic-of-Tanzania.pdf-August-2020.pdf.
22 Section 7(b) of the Written Laws Amendments Act

23 The African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa provide that States must ensure through adoption of national legislation that any individual, group of individuals or nongovernmental organization is entitled to bring a human rights claim before a judicial body for determination, because such claims are matters of public concern.

24 Amendments to the Chapter 310 of the Law Reform (Fatal accidents and miscellaneous provisions) Act and to the Chapter 3 of the Basic Rights and Duties Enforcement Act

25 See for example communication of the Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association to the government of the United Republic of Tanzania, AL TZA 3/2020, 17 July 2020, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25442

26 These include the verbal abuse and threats of execution against Zitto Kabwe, leader of Alliance for Change and Transparency (ACT) Wazalendo opposition party (see: https://www.bbc.com/news/world-africa-51355148), his conviction for sedition for statements he made at a press conference in relation to alleged extra judicial killings by state security forces (https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.html), and his re-arrested together with several party members while they participated in an internal meeting (https://www.aljazeera.com/news/2020/06/24/tanzanian-opposition-leader-zitto-kabwe-released-on-bail/); as well as the conviction of nine Members of Parliament belonging to the opposition Chama Cha Demokrasia(CHADEMA) party and their sentencing in March 2020 to five months in prison or an alternative fine, for allegedly making seditious statements (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8); and the attack against the party leader, Freeman Mbowe, by unknown assailants leaving him with a broken leg (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8).

27 African Commission on Human and Peoples’ Rights, Press statement of the African Commission on Human and Peoples’ Rights on the deteriorating human rights situation in Tanzania,, available at https://www.achpr.org/pressrelease/detail?id=459.

28 Office of the UN High Commissioner for Human Rights, “In her global human rights update, Bachelet calls for urgent action to heighten resilience and protect people’s rights,” 14 September 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26226&LangID=E

29 Tanzania Human Rights Defenders Coalition, Two Kenyan Journalists convicted and fined in Tanzania, repatriated back to Kenya, May 21, 2020, available at https://thrdc.or.tz/blog/.

30American Bar Association, Center for Human Rights, Report on the arbitrary suspension of Kwanza Online TV for sharing information related to the COVID-19 pandemic, October 22, 2020. See also Kwanza TV Instagram, available at https://www.instagram.com/p/CCGT_5ECT_n/?utm_source=ig_web_button_share_sheet
31 Disease pandemics and the freedom of opinion and expression, A/HRC/44/49, para. 30

32 The Guardian, Coronavirus pandemic is becoming a human rights crisis, UN warns, 23 April 2020, available at https://www.theguardian.com/world/2020/apr/23/coronavirus-pandemic-is-becoming-a-human-rights-crisis-un-warns. See also UNHRC,, UN Special Rapporteur on freedom of peaceful assembly and of association, States responses to Covid 19 threat should not halt freedoms of assembly and association, April 14, 2020, available at https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25788&LangID=E.

33 BBC, Tanzania border village attack “leaves 20 dead”, October 16, 2020, available at https://www.bbc.com/news/live/world-africa-47639452?ns_mchannel=social&ns_source=twitter&ns_campaign=bbc_live&ns_linkname=5f896f00c4548e02bf3cb441%26Tanzania%20b order%20village%20attack%20%27leaves%2020%20dead%27%262020-10-16T10%3A29%3A29.229Z&ns_fee=0&pinned_post_locator=urn:asset:2f81fc88-030c-49d4-9d25-b8268a2dbf55&pinned_post_asset_id=5f896f00c4548e02bf3cb441&pinned_post_type=share

Joint Civil Society Statement in the Case of Prof. Chidi Anselm Odinkalu v. Kaduna State: An Opportunity to Protect Free Speech in Nigeria

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On October 22, 2020, an important case comes for decision before the Federal High Court sitting in Kaduna, north-west Nigeria. The case – brought by Professor Chidi Anselm Odinkalu – will have an important impact on the rights of people in Nigeria to voice their opinions in matters of public interest and question those in authority. We, the undersigned organisations and individuals, see this upcoming case as an opportunity for Nigeria’s judiciary to ensure that the protection of human rights in the country aligns with the Federal Republic of Nigeria’s constitutional, regional and international human rights obligations. In particular, this case provides an opportunity for the judiciary to reinforce the fundamental rights to freedom of expression, access to information, and civic participation.

The case before the Federal High Court challenges the constitutionality of criminal charges against Prof. Odinkalu, a renowned Nigerian human rights lawyer and former Chairperson of Nigeria’s National Human Rights Commission, following a televised interview he gave in February 2019 in Abuja, the Federal Capital. In the interview, Prof. Odinkalu challenged claims by the Governor of Kaduna State Mallam Nasir El-Rufai – made a day before scheduled elections in the State – that 66 members of the Fulani ethnic group had been killed in Kajuru, Kaduna State. Prof. Odinkalu stated that the Governor’s statement appeared to have no basis in reality and could not be verified by the relevant state agents. He further expressed concern that the statement could cause ethnic tensions leading to electoral violence.

Following the televised interview, on March 18, 2019, Prof. Odinkalu was charged by the Director of Public Prosecution (DPP) of Kaduna State with inciting disturbance, injurious falsehood, public nuisance, and furnishing false information. The case, which was initiated before the Magistrate Court in Kaduna, was fraught with numerous procedural irregularities including an undated case file with no file number; closed hearings from the public; and the continuation of the case in the absence of Prof. Odinkalu despite an order from the High Court staying proceedings in the case. On October 26, 2020, the State High Court of Kaduna will preside over the judicial review of the criminal proceedings in the Magistrate Court of Kaduna.

The judgment of the Federal High Court on October 22, 2020 presents a monumental opportunity for the court to recognise the right to freedom of expression and ensure that it is enforced in Kaduna State in accordance with the country’s human rights obligations. Government officials and people in authority are not exempt or protected from criticism. United Nations special experts and mechanisms have specifically highlighted in reference to Nigeria, which includes all its Federal States, that public officials are required to tolerate greater criticism than the rest of society and that actions taken by them should not stifle public debate. While the right to freedom of expression may be restricted for public health and public security reasons, such restrictions – even when provided for by law – must be justifiable in a democratic society and must be necessary to achieve the stated purpose. Furthermore, any limitations must be the least restrictive means to achieve the objective.

The African Court on Human and Peoples’ Rights has held that seeking to impose a prison sentence, let alone corporal punishments such as lashings, for criticism of a public authority – whether true or otherwise – can never be necessary or proportional. Regional and international bodies have further called on all States to repeal criminal defamation laws, as well as all laws which effectively criminalise defamation, sedition, insult and false news. Where necessary, such infractions can and should be dealt with through civil proceedings, which should also be adequately proportionate and provide appropriate defences.

Given Nigeria’s regional and international obligations, as a signatory to several treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, we are concerned that the Kaduna State government chose to undertake a criminal prosecution against Prof. Odinkalu for what is clearly protected speech. The undersigned organisations and individuals thus look forward to the decision of the Federal High Court of Nigeria in this important case.

Organisations

  1. African Centre for Media & Information Literacy (AFRICMIL)
  2. African Defenders (Pan African HRDs Network)
  3. African Freedom of Expression Exchange (AFEX)
  4. Africa Judges and Jurists Forum
  5. AJPD – Angola
  6. Amnesty International
  7. Center for Democracy and Development (CDD)
  8. Centre for Human Rights Education, Advice and Assistance (CHREAA)
  9. Chapter One Foundation
  10. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  11. DITSHWANELO – The Botswana Centre for Human Rights
  12. Friends of Angola (FoA)
  13. Gender Centre for Empowering Development (GenCED)
  14. Global Rights
  15. Human Rights Defenders Network-SL
  16. Human Rights Institute of Southern Africa (HURISA)
  17. International Commission of Jurists- Kenya
  18. International Refugee Rights Initiative 
  19. Kenya Human Rights Commission
  20. Media Rights Agenda
  21. MOSAIKO-Angola
  22. Mouvement Inamohoro, Femmes et Filles pour la paix et la sécurité
  23. Open Bar Initiative, Nigeria
  24. Open Society Initiative for Southern Africa (OSISA)
  25. Pan African Lawyers Union (PALU)
  26. Public Interest Lawyers League (PILL) Nigeria
  27. Robert F. Kennedy Human Rights
  28. SADC Lawyers Association
  29. Southern Africa Human Rights Defenders Network
  30. Tanzania Human Rights Defenders Coalition
  31. Tap Nitiative for Citizens Development
  32. The Association of Concerned Africa Scholars (ACAS-USA)
  33. Torture Abolition and Survivors Support Coalition International (TASSC)
  34. Zimbabwe Human Rights NGO Forum
  35. Zimbabwe Lawyers for Human Rights

Individuals    

  1. Delma Monteiro                                 Angola
  2. Lúcia da Silveira                                 Angola
  3. Garcia Mvemba                                  Angola
  4. Godinho Cristóvão                             Angola
  5. Julio Candieiro                                   Angola
  6. Fortunato Paixão                                 Angola
  7. Cristina Gouveia                                 Angola
  8. Alice Mogwe                                      Botswana
  9. Marie Louise Baricaco                       Burundi
  10. Star Rugori                                          Burundi          
  11. Joseph Bikanda                                   Cameroon
  12. Ady Namaran Coulibaly                     Cote d’Ivoire
  13. Hannah Forster                                   Gambia
  14. Edmund Amarkwei Foley                  Ghana 
  15. Abdul Noormohamed                         Kenya
  16. Andrew Songa                                    Kenya
  17. Crystal Simeoni                                  Kenya 
  18. Diana Gichengo                                  Kenya
  19. Donald Deya                                       Kenya
  20. Irene Soila                                           Kenya
  21. James Gondi                                       Kenya
  22. Maureen Achieng Akena                    Kenya 
  23. Patricia Nyaundi                                 Kenya
  24. Roland Ebole                                      Kenya
  25. Charles Kajoloweka                            Malawi
  26. Happy Mhango                                   Malawi
  27. Nikiwe Kaunda                                   Malawi           
  28. Tiseke Kasambala                              Malawi
  29. Victor Mhango                                    Malawi           
  30. Professor Adriano Nuvunga               Mozambique
  31. Custodio Duma                                   Mozambique  
  32. Vicente Manjate                                 Mozambique
  33. Norman Tjombe                                 Namibia
  34. Abdul Mahmud                                   Nigeria
  35. Abiodun Baiyewu                               Nigeria
  36. Ariyo-Dare Atoye                               Nigeria
  37. Cheta Nwanze                                     Nigeria
  38. Chido Onumah                                   Nigeria
  39. Edet Ojo                                              Nigeria
  40. Mbasekei Martin Obono                     Nigeria
  41. Nana Nwachukwu                              Nigeria
  42. Ohimai Amaize                                   Nigeria
  43. Omoyele Sowore                                Nigeria
  44. Steven Kefason                                   Nigeria
  45. Valnora Edwin                                    Sierra Leone
  46. Annah Moyo                                       South Africa
  47. Corlett Letlojane                                 South Africa
  48. Hakima Haithar                                  South Africa
  49. Nomsa Sizane                                     South Africa
  50. Samkelo Mokhine                               South Africa
  51. Simphiwe Sidu                                    South Africa
  52. Shuvai Nyoni                                      South Africa
  53. Sufiya Bray                                         South Africa
  54. Vusumuzi Sifile                                  South Africa
  55. Abdel-Moniem El Jak                        Sudan 
  56. Mary Pais                                            Swaziland
  57. Muzi Masuku                                      Swaziland
  58. Thulani Maseko                                  Swaziland
  59. Vera Mshana                                       Tanzania
  60. Dismas Nkunda                                  Uganda
  61. Jackson Odong                                    Uganda
  62. Lamunu Lamunu Prossy                     Uganda
  63. Nelly Badaru                                       Uganda
  64. Salima Namusobya                             Uganda
  65. Sharon Nakandha                                Uganda
  66. Linda Kasonde                                    Zambia
  67. Professor Michelo Hansungule           Zambia
  68. Muleya Mwananyanda                       Zambia
  69. Muluka Miti-Drummond                    Zambia
  70. Vusumuzi Sifile                                  Zambia           
  71. Justice Alfred Mavedzenge                Zimbabwe
  72. Arnold Tsunga                                    Zimbabwe
  73. Brian Tamuka Kagoro                                    Zimbabwe
  74. Makanatsa Makonese                         Zimbabwe
  75. Charles Clint Chimedza                     Zimbabwe
  76. Deprose Muchena                               Zimbabwe
  77. Fungisayi Patricia Mwanyisa             Zimbabwe
  78. Hardlife Mudzingwa                           Zimbabwe
  79. Janah Ncube                                       Zimbabwe
  80. Janet Zhou                                           Zimbabwe
  81. Kelvin Kabaya                                    Zimbabwe
  82. Lloyd Kuveya                                     Zimbabwe
  83. Mamukeleni Tsunga                           Zimbabwe
  84. Memory Zonde-Kachambwa              Zimbabwe
  85. Mooya Nyaundi                                  Zimbabwe
  86. Muchengeti Hwacha                           Zimbabwe
  87. Munjodzi Mutandiri                            Zimbabwe
  88. Musa Kika                                          Zimbabwe
  89. Otto Saki                                             Zimbabwe
  90. Passmore Nyakureba                          Zimbabwe
  91. Siphosami Malunga                            Zimbabwe
  92. Stanely Nyamanindi                           Zimbabwe
  93. Professor Carl LeVan                         American University 
  94. Desiree Cormier Smith                       Open Society Foundations
Mozambique flag, vector illustration

SAHRDN and CDD condemn the bombings of Canal de Moçambique premises and the continued attacks on press freedoms in Mozambique

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August 24, 2020

Maputo and Johannesburg

The Southern Africa Human Rights Defenders Network (SAHRDN) and the Center for Democracy and Development – Mozambique (CDD) strongly condemn the petrol-bombing of the Canal de Moçambique offices in Maputo, Mozambique.  Canal de Moçambique, https://canal.co.mz/ is one of the most credible, public interest  independent media outlet in Mozambique. This attack is a serious blow to the already dire situation of press freedom in Mozambique, which according to the 2020 World Press Freedom Index is lowly ranked at 104 out of 180 countries.  SAHRDN and CDD calls on the authorities in Mozambique to protect press freedoms and to swiftly conduct an independent, credible and robust  investigation into this attack.

According to preliminary reports from a credible source, it is reported that on August 23, 2020, at around 20:00 hours (CAT), yet to be identified individuals broke into Canal de Moçambique newspaper facilities, poured fuel on all the furniture and computers and set off a homemade bomb. All the equipment and other accessories in the building were reduced to ashes. Canal de Moçambique has been highly critical of and exposed a raft of systemic corruption cases linked to the government of Mozambique.

In 2019, MISA-Mozambique reported that “a Maputo court acquitted the editor of the weekly paper “Canal de Mocambique”, Matias Guente, who had been accused of libel because of a caricature of one of the directors of the Bank of Mozambique, Joana Matsombe, which the paper had published”.

  • Some of the remains of the equipment that was torched

“Democracy dies in darkness, and Canal de Moçambique has been a consistent guiding light in promoting accountable governance and is only being targeted for speaking truth to power, and for holding those in power to account. We demand that the Government of Maputo carry-out an in-depth investigation into this bombing and more importantly, that it upholds its own constitution and respect regional and international human rights laws and treaties, which regards media freedoms as the oxygen for a democratic society”

Professor Adriano Nuvunga, who is the Executive Director for CDD-Mozambique

SAHRDN and CDD urges the government of Mozambique to lead by example in its official capacity as the new SADC chairperson and respect the fundamental right to seek and disseminate information through an independent press, which is under attack in Mozambique and in the SADC region especially during this COVID-19 period.

_______________________________

ProtectCivicSpace

RespectFreedoms

For more information please contact Washington Katema, Regional Programmes Manager at wkatema@southernafricadefenders.africa or +27 73 620 2608

Human Rights RoundUp (2)

Southern Africa Human Rights Round-up

, , , , , , , , , , , , ,

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders and institutions on the human rights situation across the region.

Zambia recorded its first two cases of the Covid-19 virus on 18 March 2020. At first, the virus appeared to be contained but gradually, as the number of local transmission cases increased, the virus increased exponentially. According to the latest official statistics, Zambia has recorded a total of 10,372 cases of Covid-19 (by 21 August) with the official number of Covid-19 related deaths at 274.

Zambia is hitting the peak of the pandemic.  Yet the government has announced that there will be no lockdown, so as to avoid curtailing the means of survival for ordinary Zambians. This is because the majority of Zambians live from hand-to-mouth, a situation now made worse by the Covid-19 pandemic.

So far, we have been very lucky. We are not seeing apocalyptic numbers of deaths and our health facilities are just about coping with the numbers of the sick. Only a few months ago, in May, President Edgar Lungu announced that the government was advising citizens to follow the health guidelines laid down. He talked about “transitioning to a new normal”. But effectively our “new normal” meant each man for himself and God for us all.

Whilst the jury is out on whether the official figures tally with the actual numbers, it appears that the pandemic in Zambia is being managed reasonably well. Despite a shortage of protective clothing and testing kits, the health facilities are generally adequate.

However, as with many countries across the globe, the pandemic has also created an opportunity for political expediency that has had a detrimental effect on the human rights situation in the country. This is in the context of the fact that Zambia will be going to the polls to elect a new government in 2021.

All roads lead to 2021 and as a result political expediency has been the order of the day. For example, the Government has introduced two statutory instruments under the Public Health Act in order to manage the pandemic. Both are thin on the details as to how the health regulations will be enforced.

Just a few days ago the police spokesperson, Esther Mwata Katongo announced that the police would start arresting and fining people the equivalent of $US39 for not wearing masks in public. The police did start making arrests accordingly, but the Home Affairs Minister Stephen Kampyongo rescinded the decision days later as it became apparent that there was no legal backing for the move in the health regulations. 

In terms of human rights, probably Zambia’s most well-known Covid-19 victim is Prime Television, a popular independent television station that had its broadcasting licence revoked following its refusal to broadcast government adverts and programmes on the Covid-19 pandemic for free in the midst of the economic crisis facing the country. The current Zambian government already has a history of clamping down on media freedoms following the closure of the largest independent newspaper in Zambia, The Post in 2017, and various other radio stations that have been critical of the government. The official reason given for closing the television station was that its broadcasting licence had expired.

Another casualty has been the restrictions on freedom of assembly. Public gatherings in Zambia are governed by the Public Order Act, a notorious piece of legislation whose constitutionality has been challenged several times on the basis that its provisions are arbitrary and not necessary in a democratic state. To adhere to the provisions of the Public Order Act, Zambians now have to get authority from the Ministry of Health or the Local Authority to hold public gatherings of more than five people.

These restrictions are being selectively applied. Government officials and individuals considered close to the ruling party freely hold rallies and large public gatherings without the appearance of any health and safety regulations being adhered to. Zambians have been told that government officials cannot be blamed for people following them around. This has led to many Zambians either resenting any restrictions placed on them or believing that the pandemic is a hoax.

However, when it comes to dissenting voices such as opposition political parties, the restrictions are applied with efficient (and sometimes inefficient) responses. A group of youth protestors attempted to hold a public protest on the socio-economic challenges faced by Zambian youth on 22nd June 2020. The police came out fully armed in riot gear and roamed around the streets in armoured vehicles in an attempt to intimidate the protestors into stopping their protest.

However, the quick-thinking youth took their protest to the bush and beamed it live to an audience of around 300,000 people on their social media platforms. In June there were reports of police arresting opposition members for attempting to hold intra-party elections.

As always, the hardest hit by any crisis are the poor and vulnerable. As with most countries, we are grappling with how to send our children back to school.

Like countries all over the world, our ailing economy has been further crippled by the loss of business and resulting unemployment or underemployment. The government has partnered with donors to provide social protection to the most vulnerable but with 58% of the Zambian population of around 17 million living below the poverty line according to 2015 World Bank figures, resources are stretched. There has been little done to ensure that the rights most affected by the pandemic are still protected, promoted and fulfilled and this is impacting on the overall effectiveness of the government’s response to the pandemic.

Ultimately, whilst the Covid-19 pandemic has been a universal crisis, Zambia’s is a crisis of leadership. Our government needs to put the interests of the country above partisan interests and unite the country regardless of the upcoming general elections. We need to take a human rights-based approach to tackling the pandemic specifically and to tackling governance issues generally.

Our “new normal” should leave no one behind. 

Linda Kasonde is a lawyer and human rights activist heading Chapter One Foundation, a civil society organisation that promotes and protects human rights and the rule of law. She is also an Archbishop Desmond Tutu Leadership Fellow.

South Africa: SAHRDN and ICJ call on authorities to end continued intimidation, harassment of residents of Happiness Village

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The ICJ and the South African Human Rights Defenders Network (SAHRDN) have written to the United Nations Special Rapporteur on the Situation of Human Rights Defenders, the African Commission on Human and Peoples’ Rights Special Rapporteur on Human Rights Defenders, and the Chairperson of African Commission on Human and Peoples’ Rights.

They have detailed the continued intimidation and harassment of the residents of Happiness village by the South African National Defence Force (SANDF).

“We have written to the Special Rapporteurs because the SANDF is unrelenting in its abuse of the resident’s despite the best efforts of their legal representatives and repeated court orders,”

ICJ Legal Adviser in South Africa Tim Fish Hodgson.

“A community leader was placed under house arrest guarded by four soldiers for seven days. Another resident was subjected to a punishment by which was told to lie flat on the ground and ‘pray to his God’ for simply leaving his home. Others have been assaulted. The SANDF deliberately conducts military exercises near the residents’ homes late at night to scare and intimidate them. All this with utter disregard for the law and in direct violation of a number of court judgments and orders”,

added Tim Fish Hodgson.

The residents, who were forcibly and violently evicted from Marievale military base beginning in 2017, have repeatedly been granted court orders by the High Court declaring such evictions unlawful and directing the SANDF to refrain from harassing, threatening and intimidating the residents and not to restrict their movement.

Despite this, and in the midst of the COVID-19 pandemic, further evictions and constant harassment and intimidation continues unabated and has intensified to a point that the residents describe the SANDF as having “laid siege” to their homes in Happiness Village which is adjacent to Marievale military base.

Soldiers now police checkpoints, preventing visitors from entering the area and even journalists have been prevented from entering Happiness Village. The residents’ legal representatives were only allowed to visit a single community representative under armed military guard.

As the letter reveals, the SANDF’s actions amount to violations of the residents’ right to adequate housing protection in terms of the South African Constitution, the African Charter on Human and People’s Rights and the International Covenant on Economic, Social and Cultural Rights.

The intimidation, harassment, humiliation and assault of the residents’ amount to violations of the residents’ rights to liberty and security of person and may also amount to cruel, inhumane and degrading treatment or punishment in violation of the South African Constitution and international human rights law.

They seem to be geared at making the resident’s lives intolerable in order to secure evictions “through the backdoor”, which is explicitly prohibited in South African law.

The residents, represented by Lawyers for Human Rights, will once again be in urgent court on July 31 seeking an interdict to prevent further harassment, intimidation and restrictions on their movement by the SANDF. The legal representatives of the SANDF have indicated that they intend to oppose their application.

The SAHRDN and ICJ has therefore implored the Special Rapporteurs to:


1. Call on the SANDF, the Minister of Defence and Military Veterans and on the Ekurhuleni Municipality to desist from any further evictions, relocation, intimidation, harassment, humiliation, and assault of the Marievale community residents;
2. Call on the SANDF, the Minister of Defence and Military Veterans and the Ekurhuleni Municipality to immediately lift and ensure the non-recurrence of restrictions on the movement on Happiness Village residents;
3. Call on the President of South Africa, as the Commander in Chief of the SANDF, to take appropriate action to ensure that the human rights violations that the residents of Marievale have suffered at the hands of the SANDF on a continuous basis since 2017 be investigated, and that appropriate action be taken to ensure access to justice and effective remedies for the residents; and
4. Call on the Parliamentary Portfolio Committee on Defence and Military Veterans to ensure the accountability of the Minister of Defence and Military Veterans for the human rights violations to which the SANDF has subjected the residents on a continuous basis since 2017.

Read the full letter here.Download

Contact

Simphiwe Sidu (SAHRDN Legal Adviser) t: +2776 675 8168; e: ssidu@southernafricadefenders.africa

Extend the mandate of the UN Special Rapporteur on Eritrea

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05 May 2020

Excellencies,

At the 41st session of the UN Human Rights Council (24 June-12 July 2019), the Council extended a hand to the Eritrean Government. While renewing the mandate of the Special Rapporteur on the coun­try, it signalled its willingness to offer Eritrea a constructive way forward, in particular by shifting the resolution from agenda item 4 to item 2.

While welcoming the adoption of Council resolution 41/1, and in particular the renewal of the mandate, many non-governmental orga­ni­sations cautioned that any shifts in the Council’s ap­proach should reflect corresponding changes in the human rights situation on the ground.

Regrettably, one year later, we, the undersigned non-governmental orga­ni­sations, recall that the concerns expressed in a joint letter[1] published last year remain va­lid, for the reasons set out below. Ahead of the 44th session of the Coun­cil (currently scheduled to begin in June 2020[2]), we urge you to support the adop­­tion of a resolution extending the mandate of the Special Rappor­teur on the human rights si­tu­ation in Eritrea.

As Eritrea has entered the second year of its Council membership term, its domestic human rights situation remains dire. A free and independent press continues to be ab­sent from the country and 16 journalists remain in de­tention without trial, many since 2001.[3] Impunity for past and on­going human rights vio­la­tions is widespread. Violations continue unabated, including arbitrary arrests and in­com­mu­ni­cado de­ten­­tion,[4] vio­lations of the rights to a fair trial, access to justice and due process, enforced disappearances, lack of infor­ma­tion on the fate or whe­re­abouts of dis­appeared persons, violations of women’s and girls’ rights, and severe res­tric­tions on the enjoyment of the rights to free­dom of ex­pres­sion, peaceful assem­bly, asso­cia­tion, and religion or belief. Secondary school students, some still chil­dren, continue to be conscripted in their thousands each year into the country’s abusive na­tional ser­vi­ce system.[5] In­de­finite national service, involving torture, sexual vio­len­ce and forced labour continues; thousands re­main in open-ended conscription, sometimes for as long as ten years or more, despite the 2018 peace accord with Ethiopia.[6]

In reso­lu­tion 38/15 (6 July 2018), the Council invited the Special Rapporteur to “assess and report on the situation of human rights and the engagement and cooperation of the Gov­ern­ment of Eri­trea with the Human Rights Council and its me­ch­a­nisms, as well as with the Office of the High Com­missioner [OHCHR], and, where feasible, to develop bench­marks for progress in improving the situ­a­tion of hu­man rights and a time-bound plan of action for their imple­men­t­ation.” The Council should ensure ade­quate follow-up by allowing the Special Rapporteur to pursue her work and OHCHR to deepen its en­gagement with the Eritrean Government.

As a Council member, Eritrea has an obligation to “uphold the highest stan­d­ards in the promotion and protection of human rights” and to “fully cooperate with the Council.” However, during the Council’s 43rd session, in February 2020, both the Special Rapporteur, Ms. Da­nie­la Kravetz, and the UN High Commissioner for Human Rights, Ms. Michelle Bachelet, reported that no concrete evidence of pro­gress in Eritrea’s human rights situation, including against the bench­marks, could be reported.[7]

By streamlining its approach and adopting resolution 41/1 under its item 2, the Council of­fered a way forward for human rights reform in Eritrea. In March 2019, Eritrea took an initial step by meeting with the Special Rapporteur in Geneva. More recently, in February 2020, a human rights dialogue took place between the Government and the Committee on the Elimination of Discrimination Against Women (CEDAW) in a more constructive spirit than during Eritrea’s 2019 review by the Hu­man Rights Com­mit­tee. Unfortunately, despite the window of opportunity provided by Eritrea’s CEDAW review and the Eritrean Ambassador indicating, at the Council’s 43rd session, that his country was committed to confidence-building measures and technical cooperation, Eritrea refuses to cooperate with the Special Rapporteur, and recently launched yet another unwarranted attack on her and her mandate.[8] The Government continues to reject findings of ongoing grave violations, as well as calls for re­form, and human rights-based recom­men­dations, including in relation to the Covid-19 crisis.[9]  

The Council should urge Eritrea to make progress towards meet­ing its membership obligations and to engage with the UN human rights system constructively. It should not reward non-cooperation by, but rather maintain scrutiny of, one of its members. We believe that a technical rollover of the Special Rapporteur’s mandate, under the same item, would contribute to this aim.

At its upcoming 44th session, the Council should adopt a resolution: (a) Extending the mandate of the Spe­cial Rap­porteur for a further year; (b) Urging Eritrea to cooperate fully with the Spe­cial Rap­por­teur by granting her access to the country, in accordance with its obligations as a Council member; (c) Calling on Eritrea to develop an implementation plan to meet the progress benchmarks, in consultation with the Special Rapporteur and OHCHR; (d) Requesting OH­CHR to present an oral update on Eritrea at the Council’s 46th session; and (e) Requesting the Special Rappor­teur to present an oral update at the Council’s 46th session in an interactive dia­lo­gue, and to present a report on the implementation of the mandate at the Council’s 47th ses­sion and to the General Assembly at its 76th session.

We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as needed.

Sincerely,

  1. African Centre for Democracy and Human Rights Studies
  2. AfricanDefenders (the Pan-African Human Rights Defenders Network)
  3. Amnesty International
  4. Cairo Institute for Human Rights Studies
  5. Center for Civil Liberties (Ukraine)
  6. CIVICUS
  7. Civil Rights Defenders
  8. Committee to Protect Journalists
  9. CSW (Christian Solidarity Worldwide)
  10. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  11. Eritrean Law Society (ELS)
  12. Eritrean Movement for Democracy and Human Rights (EMDHR)
  13. Geneva for Human Rights / Genève pour les Droits de l’Homme
  14. Global Centre for the Responsibility to Protect
  15. Human Rights Concern – Eritrea (HRCE)
  16. Human Rights Watch
  17. International Service for Human Rights
  18. Network of Eritrean Women (NEW)
  19. Network of Human Rights Defenders in Central Africa / Réseau des Défenseurs des Droits Humains en Afrique Centrale (REDHAC)  
  20. One Day Seyoum
  21. Robert F. Kennedy Human Rights
  22. Southern Africa Human Rights Defenders Network (SAHRDN)
  23. West African Human Rights Defenders Network / Réseau Ouest Africain des Défenseurs des Droits Humains (ROADDH/WAHRDN)
  24. World Organisation Against Torture (OMCT

[1] DefendDefenders et al., “Eritrea: the UN should ensure continued scrutiny of the human rights situation,” 11 June 2019, https://defenddefenders.org/eritrea-the-un-should-ensure-continued-scrutiny-of-the-human-rights-situation/ (accessed on 16 April 2020).

[2] The exact dates of the session are likely to be affected by the Covid-19 situation, which led the Council to suspend its 43rd session on 13 March 2020.

[3] Committee to Protect Journalists, “2019 prison census: 16 Journalists Imprisoned in Eritrea,”  https://cpj.org/data/reports.php?status=Imprisoned&cc_fips%5B%5D=ER&start_year=2019&end_year=2019&group_by=location (accessed on 30 April 2020). Eritrea remains at the top of the CPJ’s most-censored countries, as per a 2019 report, “10 Most Censored Countries,” available at: https://cpj.org/reports/2019/09/10-most-censored-eritrea-north-korea-turkmenistan-journalist.php (accessed on 30 April 2020). 

[4] Amnesty International, “Human rights in Africa, Review of 2019,” 8 April 2020, Index: AFR 01/1352/2020, available at https://www.amnesty.org/en/documents/afr01/1352/2020/en/ (accessed on 16 April 2020), p. 39.

[5] Human Rights Watch, “‘They Are Making Us into Slaves Not Educating us.’ How Indefinite Conscription Restricts Young People’s Rights, Access to Education in Eritrea,” 8 August 2019, https://www.hrw.org/report/2019/08/08/they-are-making-us-slaves-not-educating-us/how-indefinite-conscription-restricts; Human Rights Watch, “Statement to the European Parliament’s Committee on Development on the Human Rights Situation in Eritrea,” 18 February 2020, available at https://www.hrw.org/news/2020/02/19/statement-european-parliaments-committee-development-human-rights-situation-eritrea (accessed on 24 April 2020).

[6] Amnesty International, “Human rights in Africa, Review of 2019,” op. cit., p. 38.

[7] Interactive dialogue with the SR on Human Rights in Eritrea – 9th Meeting, 43rd Regular Session, Human Rights Council (webcast archive), 26 February 2020, http://webtv.un.org/search/id-sr-on-human-rights-in-eritrea-9th-meeting-43rd-regular-session-human-rights-council/6136241213001/?term=kravetz&sort=date; Presentation of High Commissioner/Secretary-General country reports & Item 2 General Debate – 10th Meeting, 43rd Regular Session, Human Rights Council (webcast archive), 27 February 2020, http://webtv.un.org/search/hcsg-country-reports-item2-general-debate-10th-meeting-43rd-regular-session-human-rights-council-/6136487778001/?term=eritrea&sort=date&page=2#player (accessed on 9 April 2020).

[8] Permanent Mission of the State of Eritrea to the United Nations, Geneva, “Harassment of Eritrea is Unconscionable,” 6 April 2020, http://www.shabait.com/news/local-news/30430-press-release (accessed on 23 April 2020).

[9] Amnesty International, “Eritrea: Show humanity and release prisoners of conscience amid COVID-19,” 3 April 2020, https://www.amnesty.org/en/latest/news/2020/04/eritrea-show-humanity-and-release-prisoners-of-conscience-amid-covid19/; Human Rights Watch, “With COVID-19 Threat, Eritrea Should Release Political Detainees,” 2 April 2020, https://www.hrw.org/news/2020/04/02/covid-19-threat-eritrea-should-release-political-detainees# (accessed on 24 April 2020).