International Federation
for Human Rights

and Sudan.

In several countries, including Angola and Tunisia , human rights defenders have also been subjected to threats and defamation campaigns, sometimes putting the safety of human rights in jeopardy.

Acts of intimidation have been particularly directed against those who defend the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, notably in Cameroon .
Major obstacles to the right to freedom of association were also reported on the continent, such as for instance in Angola, Kenya, Libya and Rwanda .

Violations were suffered, among others, by members of non-governmental organisations (NGOs), lawyers, journalists, bloggers, land and environmental rights activists, civil society organisations who defend the rights to freedoms of expression, association and peaceful protest, denounce human rights abuses by the State or powerful companies, and fight for the respect of the rights of LGBTI people and for fundamental freedoms in general.

I. The increased use of arbitrary detention against human rights defenders

Arbitrary arrests and detention of human rights defenders are still used as a mean to
persecute and silence human rights defenders throughout the African continent. As the commission meets dozens of human rights defenders are currently detained, often in deplorable conditions, particularly in Algeria, Angola, Cameroon, the DRC, Egypt, Mauritania, Sudan and Swaziland .

In Algeria , arrested in late January 2015, labour rights activists and members of the National Committee for the Defence of the Rights of Unemployed Workers (Comité National pour la Défense des Droits de Chômeurs – CNDDC), Messrs. Rachid Aouine, Mohamed Rag, Khencha Belkacem, Brahimi Belelmi, Mazouzi Benallal, Azzouzi Boubakeur, Korini Belkacem, Bekouider Faouzi, Bensarkha Tahar and Djaballah Abdelkader, remained in arbitrary detention ever since. Charged with “gathering” and “exercising pressure on the decisions of magistrates”, the ten activists were sentenced on February 11, to one year in prison with a 6-month suspended sentence and a fine of 5,000 Algerian dinars. Targeted since the beginning of 2013, Algerian authorities have been preventing labour rights activists
from exercising their rights to freedom of peaceful assembly, association, expression as well as their right to form and maintain a union.

In Angola , human rights defenders and journalists denouncing issues deemed to be sensitive such as corruption, bad governance, forced demolitions, forced evictions or the human rights situation in Cabinda are the main targets of the authorities. Recent cases clearly illustrate this trend: on March 14, 2015, the police arbitrarily arrested former member of the organisation Mpalabanda Marcos Mavungo and lawyer Arão Bula Tempo, prior to a demonstration which was planned the same day to denounce the human rights abuses and bad governance prevailing in the province. Both men were transferred to the provincial office for criminal investigation, where they are still detained. On March 16, they were both charged with “sedition”. The two remain in detention at the Central prison of Yabi in Cabinda.

In Cameroon , Mr. Franklin Mowha, president of Frontline Fighters for Citizens Interests (FFCI), a human rights organisation operating in the Western region of the country, is arbitrarily detained and prosecuted since December 2013 for “destruction of public goods” and “insulting a public officer during the performance of his duties”. On the day of his arrest, Mr. Franklin Mowha was publicly beaten in the Brigade Ter yard by gendarmes of that group, who would have acted following orders of administrative authorities and of the Superior official of Bangangté. Mr. Mowha sustained injuries in the nose and ribs. He is detained in Bafoussam Central Prison. His trial is taking place in Bagangté and the next hearing is scheduled for April 24, 2015.
Likewise, Mr. Célestin Yandal, president of the Touboro Youth Collective, an organisation defending the rights of young people in the Adamaoua region, is being kept in preventive detention since his arrest on November 23, 2013. Charged with
“destruction”, “simple threats and violation of a Djavor official’s home”, “murder attempt” and “aggravated theft. Mr. Yandal was transferred to Tcholliré Prison and his trial will take place on May 21, 2015.

In the DRC , the trial of human rights defender, Christopher Ngoyi Mutamba, National Chairman of the NGO “Synergie Congo culture et développement” and Coordinator of the platform Civil Society of Congo, opened on March 4, without any prior notice to the defendant who is facing a heavy prison sentence. On March 18, 2015, several journalists and support of Mr. Ngoyi Mutamba were prevented from observing the hearing. In January 2015, Mr. Ngoyi Mutamba, had actively took part in several peaceful actions denouncing an electoral reform. On January 21, 2015, after visiting injured protesters, Mr. Ngoyi Mutamba was kidnapped by armed elements of the national guard in Kinshasa and held incommunicado for approximately twenty days by the national intelligence agency (ANR). He has been arbitrarily detained since then.
Other cases of arbitrary arrests and detentions were also reported in the DRC . On March 15, 2015, during a press conference to launch the citizen initiative Filimbi which promotes youth participation in electoral and democratic process, held in the premises of the Ba jeune Maboko Na Maboko Pona Congo NGO, in Kinshasa, thirty pro-democracy activists and journalists were arbitrarily arrested and further detained. Others were arrested on April 7, as they were protesting the detention of the activists arrested earlier. Two of them remain arbitrarily detained by the National intelligence agency (ANR) and would be detained at the Goma prison.

While the ACHPR expressed serious concerns over "the grave and rapid deterioration of the human rights situation in Egypt since the 2011 uprising, [in particular the] arbitrary detention, acts of torture and ill-treatment in detention centres, violations of rights of human rights defenders, sexual violence against women, violations of the right to freedom of expression, association and assembly and death sentences" in July 2014, the increasing number of arbitrary detentions reported since, illustrates a wider trend of repression against human rights defenders in the country. Many human rights defenders are arbitrarily detained for exercising their legitimate right to peaceful assembly.
In late December 2014, Ms. Yara Sallam, Transitional Justice Officer at the Egyptian Initiative for Personal Rights (EIPR), who has been arbitrarily detained since June 21, 2014, was sentenced in appeal along with Ms. Sanaa Seif, member of the “No to Military Trials for Civilians” movement and 22 other protesters to two years’ imprisonment, and two years’ police surveillance. Likewise, on February 23, 2015, Mr. Alaa Abdel-Fattah, civil and political rights activist, blogger and member of the “No to Military Trials for Civilians” movement was sentenced to five years
imprisonment, five years of police surveillance, and a fine of 100,000 EGP. Mr. Alaa Abdel Fattah was sentenced on charges of “organizing a protest without a permit”, “organizing an illegal assembly that endangers public security”, “blocking roads”, “assembling illegally”, “attacking and injuring a public servant”. He is facing other charges in relation to another gathering. He has been arbitrarily detained since October 27, 2014.

In Mauritania , several members of the Résurgence du Mouvement Abolitionniste en Mauritanie (IRA) initiative have been arbitrarily detained since November 11, 2014. Three of them, Messrs. Biram Dah Abeid, Brahim Bilal Ramdhane and Djibril Sow were sentenced in January 2015 to two years in jail for “unauthorised gathering”. They have all been working towards the abolition of slavery. At the time of their arrest, they were travelling across the country in a bus to raise public awareness on the issue.
In addition, blogger Mohamed Cheikh Ould Mkheitir has been detained since January 2, 2014 on charges of “apostasy” for denouncing discrimination under the caste system. On December 24, 2014, he was convicted and sentenced to death. The conviction was appealed.

In Swaziland , on July 25, 2014, Messrs. Thulani Rudolf Maseko, prominent human rights lawyer, senior member of Lawyers for Human Rights Swaziland and the Southern Africa Human Rights Defenders Network and Bheki Makhubu columnist and Editor-in-Chief of The Nation, considered as the sole independent newspaper of the country, were sentenced to two years of prison without the benefit of bail on charges of “scandalising the judiciary” and “contempt of court” following the publication of articles criticising the judicial system. An appeal trial was ongoing.

In Sudan , while the release on April 9, 2015 of human rights defender Dr. Amin Mekki Medani, who was arbitrarily held for four months, is to be welcomed, the arrest, on April 16, 2015, of Mr. Adil Bakheit, member of the Board of Trustees of the Sudan Human Rights Monitor (SHRM), who is detained by the National Intelligence and Security Services (NISS), constitutes a new set-back. Three weeks prior to his arrest, on March 26, the laptop of Mr. Bakheit, which contains information about his human rights work, was confiscated when the NISS raided a workshop organised by Khartoum-based TRACKS for Training and Human Development, whilst it was hosting a training session on social responsibility. He is being prosecuted under the 1991 Criminal Act, on charges of “criminal joint acts in execution of criminal conspiracy”, “criminal conspiracy” , “calling for opposition to public authority by use of violence or criminal force”, “publication of false news” and “impersonating a public servant”. Two additional charges brought up against Mr. Bakheit - “offences against the State undermining the constitutional system”, “waging war against the State” - are classified as crimes against the State and carry the death penalty.

Likewise in Burundi, Niger, Rwanda, Sierra Leone, Uganda and Zimbabwe , several human rights defenders have been victims of arbitrary arrest and detention.

II. Continuation and intensification of the judicial harassment of human rights
defenders

Judicial harassment remains a widespread practice in many countries, such as Algeria, Burundi, Egypt and Tunisia .

In Algeria , with already ten of their colleagues in detention, labour rights activists and members of the CNDCC, Messrs. Abdelhamid Brahimi, Ferhat Missa and Youssef Sultani are being judicially harassed for criticising the police on Facebook and for their participation to peaceful demonstrations in El Oued. Their trial is ongoing.

In Burundi , Pierre Claver Mbonimpa, who has been judicially harassed since May 2014 and further detained for several months, was arrested on April 27, 2015 for publicly speaking against a third mandate of President Pierre Nkurunziza, which would violate the Arusha agreements as well as the 2005 Constitution.
And whilst the release of Mr. Bob Rugurika in Burundi, was welcomed in 2014, the
harassment against the human rights defender continues as charges held against him have not yet been dropped.

In Egypt , while she is not currently detained, Ms. Mahienour El-Massry, human rights lawyer known for her activism in favour of judicial independence and prisoners’ rights by organising peaceful protests, supporting activities for political prisoners and using social media to denounce human rights violations, is still facing continuous judicial harassment. Released on September 21, 2014, Ms. El-Massry, was sentenced on February 9, 2015, together with another lawyer Amr Abu Elkhair and eight activists to two years in jail.
On March 23, 2015, Ms. Azza Soliman, human rights lawyer and founder of the Centre for Egyptian Women Legal Aid (CEWLA), was formally charged with “unauthorised protesting”, and “breach of security and public order”. Along with Ms. Soliman, sixteen others were criminally charged. Charges brought against Ms. Soliman are linked with her testimony denouncing the violent dispersal on January 24, 2015, of a protest commemorating the January 25 Revolution, which led to the shooting of political activist Ms. Shaimaa El Sabbagh.

In Tunisia , 2014 has seen an increased number of human rights defenders judicially harassed. Ms. Héla Boujenah, member of the Active New Generation Organisation, was attacked by police forces while she was on her way to the police station where her brother was held. She was then charged with “insulting an official in the exercise of his duty”. While she was acquitted, she had to pay a fine for breaching public tranquillity. Likewise, on July 8, 2014, Mr. Ahmed Kaâniche, activist and former Human Rights Watch research assistant was attacked by police forces and further prosecuted.

III. Concerns over the growing harassment of land rights defenders

As shown in the 2014 Annual report, over the last years, the Observatory has been
documenting an increasing number of cases of harassment targeting land rights defenders. Authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly. At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. On the African continent, especially in Angola, Cameroon, Niger, Sierra Leone, Uganda , and South Africa , land rights defenders remain particularly vulnerable.

In Angola , on March 24, 2015, a trial on charges of “criminal defamation” began against journalist Rafael Marques de Morais. Mr. Marques is accused of defamation following the publication, in 2011, of his book, “Blood Diamonds: Corruption and Torture in Angola” where he denounces the corruption and human rights violations allegedly committed by State agents and business entrepreneurs in the diamond-mining industry. The charges pending against Mr. Marques, the lack of access, by him and his lawyer, to all the documents related to the case, the transfer of the case to DNIAP upon request of the Attorney General, constitute serious infringements to Mr. Marques’ right to due process and illustrate the authorities’ willingness to hamper his freedom of expression and undermine his documenting
and reporting activities. The trial is ongoing.

In Cameroon , Mr. Nasako Besingi, Director of the NGO Struggle to Economize Future Environment (SEFE), a local environmental organisation based in Mundemba, Ndian division, Southwest Cameroon, was attacked on August 29, 2012, by a group of men that he identified as junior managers of Herakles Farms while he was going to Mengwe village to deliver a public lecture about the impacts of the Herakles project on local populations. Mr. Besingi was pulled off his motorcycle, and beaten while he was on the ground. A group of journalists from France 24 then arrived on the spot and the attackers fled. Due to his aggression, Mr. Besingi suffered ocular and nerves injuries. Mr. Besingi is now being prosecuted on charges of “publication of false news via the Internet”. Mr. Besingi’s trial, which began on January 14, 2014 in Mundemba court, has already been postponed 10 times. It resumed on June 24, 2014, and is still ongoing.

In Niger , cases of arbitrary arrests of human rights defenders were also reported. Indeed, Nigerian human rights defenders advocating for greater transparency and fairness in dealings between the government and extractive industries had been arrested on July 18, 2014 during the French president’s official visit. Activists denounced the opacity around business relations between the Niger government and extractive industries, in particular regarding uranium mining contracts with the French multinational company Areva. Although released shortly after their arrest, these human rights defenders are still at risk of being harassed and arrested.

In Uganda , Mr. Gerald Kankya, Executive Director of the Twerwaneho Listeners Club (TLC), which, since 2006, has been working to combat unlawful evictions from public community land, has been the target of a particularly harsh judicial and physical harassment since the beginning of 2015. On January 23, 2015, Messrs. Gerald Kankya and Simon Amanyire were assaulted by approximatively 30 men wearing Queen Mother Best Kemigisa Nursery, Primary and Vocational Schools traffic reflectors jackets, armed with clubs and allegedly commanded by the District Police commander Mr. Geoffrey Kahebwa and another police officer. Despite Mr. Kankya’s grievous harm, medically ascertained, the police refused to record his complaint. In relation to this incident, Mr. Kankya is being prosecuted for “grave
assault”. Later, on March 24, 2015, Mr. Gerald Kankya was arrested upon his arrival at the Fort Portal Police Station, where he came to visit a land activist who was detained the day before. It was reported that Mr. Kankya was arrested on allegations of assaulting a journalist earlier this year. This refers to an argument in January 2015 between Mr. Kankya, his colleague Mr. Simon Amanyire and Mr. Rodger Martin, manager of programs at Better FM, a local radio station, after the latter attempted to cancel a scheduled program produced by TLC. Although, Mr. Martin confirmed to the police that the argument was purely verbal, and that he had no intention to proceed with a criminal complaint, the police decided to file the case to the Court on charges of “simple assault”. Mr. Kankya appeared before the Magistrates Court on March 24, 2015 and was released on bail with two sureties. Two other TLC activists, Messrs. Byaruhanga Salongo and Ibrahim from Hakibaale, were arrested in July 2014 by the police for holding a public community meeting to discuss the land ownership status which a local member of Parliament was attempting to grab from an
89-year-old man. The Police also used tear gas to disperse the meeting before arresting the three activists along with Mr. Nyaruhuma Erikanjeru, the 89-year-old man. The Police released them a few hours later on the same following day TLC’s intervention to inquire the reason for the arrest. The activist were not charged but they were repeatedly accused by the police of having held an illegal assembly.

In Sierra Leone