Madam President,
The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH) within their framework of their joint programme, the Observatory for the Protection of Human Rights Defenders express their extreme concern about the situation of human rights defenders who continue to carry out their work in a hostile and risky environment and more and more often at risk to their lives, as in the Democratic Republic of Congo (DRC).
1. In DRC, human rights defenders continue to carry out their activities in an extremely dangerous environment and acts of repression committed by the armed forces in complete impunity are increasing.
The assassination on June 2, 2010, of Floribert Chebeya, president of Voice for the Voiceless (Voix des sans Voix), found dead in his car, has shocked the entire African continent and beyond that, the world. The day before, together with his chauffeur, Mr. Fidèle Bazana Edadi, he went to a meeting with the General Inspector of the police. The assassination of our colleague and friend, who rarely missed a Commission session, has reminded other defenders that their commitment could cost them their life. Today, in spite of the announcement of the arrest of police officers and the suspension of General John Numbi Banza Tambo on June 6, 2010, no information on the progress of the investigation, only the announcement that the trial will soon commence, has been made public and Mr. Fidèle Bazana Edadi is still missing.
Unfortunately, this is not an isolated case. On October 4, 2010, Mme Clémence Bakatuseka, coordinator of the Great Lakes Human Rights Program (GLHRP) was also the victim of an attempted assassination at her home and in the presence of her children. Several defenders continue to suffer from acts of repression because of their denouncement of the atrocities carried out by the armed forces and their support for victims, particularly of gender based violence. In Goma, Mr. Sylvestre Bwira Kyahi, civil society president in Masisi territory (Northern Kivu) was kidnapped by armed men dressed in Armed Forces of the Democratic Republic of Congo (FARDC) uniforms. In Beni, northern Kivu province, Mrs. Zawadi Leviane Musike, from the NGO, SOFEPADI, was the object of threats and acts of intimidation.
In Kinshasa, on September 29, 2010, the lawyer, Nicole Bondo Muaka, member of the human rights NGO Black Gowns (Toges Noires) was arrested and detained for eight days by the police special services, who believed that she had filmed the brutal arrest by the body guards of President Joseph Kabila of an individual who subsequently died in detention.
2. Throughout 2010, all over the continent, defenders have continued to be arbitrarily arrested and submitted to unjust trials in retaliation to their activities of documentation of human rights violations
In Zimbabwe, on June 3, 2010, Mr. Farai Maguwu, director of the Centre for Research and Development (CRD) was detained for more than a month following the publication of a report on the violation of human rights perpetrated by police, army and private security agents, in collusion with legal or illegal diamond mining companies in the Chiadzwa mining region. In Tunisia, on July 6, 2010, the Gafsa Court of Appeal confirmed a four-year prison sentence against the journalist, Fahem Boukaddous, a journalist and correspondent for Al Hiwar Al Tounisi satellite television and for the Al Badil website following the publication of images of the repression of the peaceful protest social movement in the Gafsa-Redeyef region in 2008. The trade unionist, Hassan Ben Abdallah, is also serving a four-year sentence for having participated in the movement. In Uganda, on September 15, 2010, the Kenyan lawyer, Mbugua Mureithi and Mr. Al-Amin Kimathi, executive coordinator of the Kenyan Muslim Human Rights Forum (MHRF) were arrested at Entebbe international airport for having documented human rights violations committed within the framework of the fight against terrorism. Mr. Al-Amin Kimathi is still in preventive detention in the Luzira high security prison awaiting his trial. In Gambia, on October 11, 2010, Mrs. Touray, executive director of the Committee on traditional practices affecting the health of women and children (GAMCOTRAP) and Mrs. Bojang-Sissoho programme manager for the same organisation, were arrested and detained for nine days, accused of misappropriation of funds.
3. Freedoms of association, expression and assembly have also continued to be scorned in recent months.
In Tunisia, a law that came into force on July 1, 2010 punishes with a five to 25 year prison sentence all contact with foreigners “with the intention of harming security or the economic interests of the country.” This amendment would allow the authorities to prosecute and imprison human rights defenders in contact with foreign and multilateral organisations, including the African Union and the African Commission on Human and Peoples’ rights. In Algeria, the authorities try to silence defenders by reducing their capacity for action. As in May 2010, the Trade Union offices were closed and since August, the peaceful protests of the families of the disappeared have been violently repressed.
Furthermore, the Observatory expresses its deepest concern in relation to the decision of the Commission to deny the observer status to the Coalition of African Lesbian (CAL). This decision, which constitutes a serious impediment to the promotion and protection of human rights for all on the continent, is questioning the capacity of the Commission to fulfill its mandate of protection and promotion of human rights in accordance with Article 45 of the African Charter on Human and Peoples’ Rights. The Observatory therefore calls on the Commission to reconsider its decision as soon as possible.
Recommendations:
1) Related to the persistent human rights violations of defenders in the State parties to the African Charter on Human and Peoples’ Rights, the Observatory calls on the State parties to:
· Put an end to all forms of repression against human rights defenders and their organisations and to recognise the essential role of human rights defenders in the implementation of human rights instruments, as well as in the prevention of conflicts, achieving the implementation of the Rule of Law and democracy;
· Facilitate the mandate of the ACHPR and United Nations Special Rapporteurs on human rights defenders, by openly inviting them to visit their countries;
2) The Observatory also appeals to the ACHPR Special Rapporteur on the situation of defenders in Africa to:
· Fully implement his mandate, showing concern for the protection of human rights defenders, particularly by increasing communications with State parties about the cases of human rights defenders in danger; and if needs be, taking a public stand on the situation of defenders in high risk situations;
· Continue with and deepen the collaboration with the United Nations Special Rapporteur on human rights defenders, as well as other regional and international mechanisms for the protection of human rights defenders.
3) The Observatory also appeals to the ACHPR to:
· Reconsider its decision denying the observer status to CAL;
· Adopt a resolution in this session on the situation of human rights defenders in the DRC,
· Reinforce the financial and human resources of the ACHPR Special Rapporteur on the situation of defenders in order to assist him in continuing with and reinforcing his actions related to the promotion and protection of human rights defenders in Africa.