Sub-Saharan AFRICA

SUB-SAHARAN AFRICA observatory for the protection of human rights defenders annual report 2010 REGIONAL ANALYSIS SUB-SAHARAN AFRICA observatory for the protection of human rights defenders annual report 2010

In 2009, democratic transition remained the exception on the African continent. While Sub-Saharan Africa has several leaders who have remained in power for years with no challengers (Angola, Cameroon, Djibouti, Zimbabwe), the Presidents of Niger and Cameroon did not hesitate this year to initiate proceedings modifying the Constitution to run for another term. Moreover, while several States in the region agreed to cooperate with the United Nations or African Union (AU) mechanisms protecting human rights and hosted visit by Special Rapporteurs (Botswana, Burundi, Central African Republic (CAR), Chad, Democratic Republic of Congo (DRC), Kenya, Liberia, Mauritania, Senegal, Somalia, Sudan, Uganda, Zambia), others continued to ignore requests for visits from several Special Procedures of the United Nations, including those of the UN Special Rapporteur on the Situation of Human Rights Defenders (Chad, Equatorial Guinea, Kenya, Mozambique, Zimbabwe), or did not hesitate to revoke their commitments, as this was the case of Zimbabwe

with respect1 to a visit from the Special Rapporteur on Torture, Mr. Manfred Nowak .

The year 2009 was also marked by an increase in assassinations of defenders in countries such as Burundi, DRC, Kenya, Nigeria, the Republic of the Congo and Somalia. The intensification of repression against defenders was facilitated through systematic denigration by certain heads of State, like in The Gambia President Yahya Jammeh who, during a television programme held in September, openly threatened to kill human rights defenders, accusing them of seeking to “destabilise the country”. Following these statements, the African Commission on Human and Peoples’ Rights (ACHPR) unsuccessfully appealed to the AU to provide extra-budgetary resources to enable the holding of its 46th session in Ethiopia or any other AU Member State other than the Gambia, and to examine the possibility of transferring its secretariat in another country. Despite this appeal, the 46th session was finally held in Gambia and, while no incident hampered

1 / See UN Special Rapporteur on Torture Press Release, October 29, 2009. Manfred Nowak was turned back at the airport in October while preparing to lead a tour of Zimbabwe in a context of renewed crisis 14 between President Mugabe and Prime Minister Tsvangirai. or flawed elections ( contested elections to flawed or related situations crisis at during found crackdowns also of were forefront the Defenders arrested. this In were 2010. for defenders several scheduled context, election presidential the in Camara Dadis tion, threats and accusations of tarnishing the public image of the country country the of image public the intimida tarnishing of accusations and attacks, tion, threats The (ICC). Court Criminal International the before those especially victims, of rights the defending and impunity against ing repression of target major a still impunity against fighting defenders rights Human country. the in situation rights human the monitor to thus ability reduced a in organisations resulted aid humanitarian international thirteen of expulsion the and Darfur in torture of victims assisting in involved NGOs national In populations. civilian of detriment the to dangerous, too become have that areas some in activities their of pension sus the meant has workers humanitarian of protection countries, these In humanitarian ( risks and considerable to exposed be to 2009 continued in personnel continued situations post-conflict in or flict post-conflict or conflict of areas in defenders rights human of situation precarious The prosecution. with threatened or arrested threatened, either were crisis an inter-institutional during principles of democratic respect for had called Finally, the harassment. in judicial to subjected then violently of of were some supporters, whom to led and arrests by police the were repressed limits term presidential lift to aiming Constitution the of ( elections of ahead intimidation of countries, campaigns to other subjected were In defenders harassed. or attacked arrested, threatened, and tion ( elections free of holding the ( violence post-election denounced who peaceful a suppressed of to candidacy the of opposition demonstration violently guard presidential the of soldiers when in as crises, cal crises political or elections of context the in defenders rights human against harassment of Acts Gambia. the in operate defenders which in environment difficult the of representative remain remarks President’s the session, the Ethiopia, Rwanda Ethiopia, The barriers against defenders operating in countries affected by con by affected countries in operating defenders against barriers The politi during risk at particularly were defenders rights 2009,human In The year 2009 saw no improvement in the repression of defenders fight of defenders repression in the no improvement saw 2009 year The Guinea-Conakry ). In Mauritania, Nigeria, Republic of the Congo the of Republic Nigeria, Mauritania, Niger , several demonstrations against the reform reform the against demonstrations ,several Sudan following the events of September 28, September of events the following ) were assimilated to the opposi the to assimilated were ) Kenya, Zimbabwe Kenya, Sudan de de facto , the closure of three three of closure the , DRC

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AFRICA observatory for the protection of human rights defenders

particularly intensified in CAR, Sudan and DRC, where human rights defenders identifying violations committed by parties to conflicts and providing support to victims continued to be exposed to considerable risk. Since the opening before the ICC in 2007 of the case “Prosecutor v. Jean-Pierre Bemba”, in the context of the situation in the CAR, lawyers, witnesses and families of victims have been routinely subjected to threats, harassment and intimidation, not only in the CAR, but also in the DRC, from where Mr. Jean-Pierre Bemba originates. These threats further increased following the opening in January and November 2009 of the trials of Messrs. Thomas Lubanga, Germain Katanga and Mathieu Ngudjolo for “war crimes” and “crimes against humanity”, and when civil society organisations opposed the provisional release of Mr. Bemba in November 2009, for fear of reprisals against victims. Similarly, in Sudan, in the context of the arrest warrant issued by the ICC against President Omar Al Bashir for “war crimes”, “crimes against humanity” and “genocide”, defenders involved in the fight against impunity were assimilated to “traitors to the nation”. The reluctance of some African countries to fight impunity and cooperate with the ICC, as evidenced by the decision taken by Heads of State and

Governments2 during a meeting at the AU Conference on July 3, 2009 in Syrte and the delays in the establishment of the court in Senegal to try former Chadian dictator Hissène Habré, led to the creation of a climate conducive to repressive practices against human rights defenders, both by the armed forces (DRC, Guinea-Bissau) and police forces (Chad, DRC, Kenya, Mauritania, Zimbabwe).

At the national level, in most countries, impunity remained the rule and those fighting against impunity for perpetrators of serious crimes were threatened with death (Burundi, DRC, Ethiopia, Guinea-Bissau, Kenya) or rape (DRC), and subjected to arrests and judicial harassment (Ethiopia, Gambia, Guinea). In Togo, an organisation committed in the assistance to victims was also the subject of several burglaries.

More worrying still, a particular trend was confirmed this year, increasing the danger for human rights defenders. During the visits of Special Rapporteurs, human rights defenders who through their testimony questioned the actions of security forces were the target of direct attacks, as was the case in Kenya, where two defenders whose organisation had provided

2 / The UN Security Council refused to consider the request of the AU to defer prosecution against Sudanese President Omar Al Bashir, the latter refusing to follow the provisions of Article 98 of the Rome Statute on Immunities regarding his arrest and transfer to the ICC. See AU Conference, Decision on the Commission report on the meeting of African States Parties to the Rome Statute of the International 16 Criminal Court, Document Assembly/AU/Dec. 245 (XIII) Rev.1, July 3, 2009. of trade unions ( unions trade of arbitrary arrests following demonstrations ( demonstrations following arrests arbitrary in police the of corruption the investigated who journalist a of State,of the authorities highest the involving of corruption issues sensitive embezzling public funds to acquire luxury goods inEurope. publicfunds to acquire luxurygoods embezzling 4 3 ( leaders unions trade of role of union arrests to the led and obstacles countries, in existence. In other already qualifications name, the trade usurping and non-representative unions and non-independent establishing in hesitate example, For continent. the on level ( judicial the at including defenders, of harassment the on impact an ( gains” “ill-gotten the of case The ( NGOs of Zimbabwe Somalia, Niger, ( prosecutions ( murder attempted of victims ( threats death received house corruption his fighting to defenders Similarly, caused circumstances. fire the mysterious of under result a as died cases corruption for ties Finally, in the in the Niger Delta the insurgency controlling for responsible unit the elite of members by demolitions house and evictions forced against onstration of Mr. in defender a of murder the in resulted corruption, exposed who those especially continent, the on rights cultural rights social and economic of defenders of Repression March. in murdered were Executions Arbitrary or Summary Extrajudicial, on Rapporteur Special UN the to information DRC, Gabon, Republic of Congo of Republic Gabon, DRC,

/ / / Trade union freedom also continued to be hampered in several countries countries several in hampered be to continued Tradealso freedom union movements union trade of Repression and social economic, of defenders of repression increased the 2009, In funds public of embezzlement the or crime organised resources, natural of plunder corruption, denouncing Defenders See CLO.

Judicial proceedings conducted in European countries against African leaders suspected of of suspected leaders African against countries European in conducted proceedings Judicial John Igbiowubo John Gambia, Zimbabwe Gambia, Chad, Gabon Chad, Republic of Congo of Republic Burundi, Cameroon, CAR, DRC, Gabon, Guinea-Bissau Gabon, DRC, CAR, Cameroon, Burundi, Kenya Cameroon, DRC Cameroon, , Nigeria , , in killed was who ), barriers to freedom of peaceful assembly and and assembly peaceful of freedom to barriers ), ). Crackdowns also led to threats of closure closure of threats to led also Crackdowns ). ) and obstacles to the freedom of association association of freedom the to obstacles and ) Ethiopia Ethiopia Chad , a journalist who had blamed the authori the , blamed had who a journalist ). ). “biens mal acquis” mal “biens ) or were the subject of arrests and and arrests of subject the were or ) ), were assaulted ( ), assaulted were Burundi and Nigeria Nigeria Djibouti Cameroon, Kenya, Nigeria Kenya, Cameroon, who worked on highly highly on worked who during a peaceful dem a peaceful during ) authorities did not not did authorities 4 in particular had had particular in Guinea Bissau Guinea l a u n n a

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t r o p e r , and 2010 ). ), 3 - - , . 17

AFRICA observatory for the protection of human rights defenders

Obstacles to freedom of association In 2009, many States again made use of restrictive laws on freedom of association to regulate or muzzle civil society: intervention in the affairs of organisations (Ethiopia), dissolution or abusive freezing of assets (Burundi, Sudan). In addition, the adoption in early 2009 of a draft NGO Law under discussion for several years in Ethiopia created a highly restrictive environment for defenders. Any NGO with more than 10% of foreign funds – which is the case for 95% of Ethiopian NGOs – are now subject to very stringent rules. In Rwanda and Uganda, two draft amendments to the Criminal Code were also presented to Parliament in October and November respectively, in order to criminalise activities to promote awareness and advocate for the rights of lesbian, gay, bisexual and transgender people (LGBT). Faced with domestic and international pressure, the two governments finally abandoned or rejected projects, which represented a serious threat to the freedom of association. Finally, in Rwanda, the methods used by the authorities, in a more insidious way, tackled the legislative framework in which defenders operate. The recent adoption of draconian provisions on interception of communications, the fight against terrorism and regulation of the press has helped create a climate of fear and self-censorship throughout civil society. Ongoing repression against journalists exposing violations of human rights While freedom of the press has gained ground in some countries like Senegal, restrictive legal framework and summons persisted during the year, and journalists denouncing human rights violations have met with death during the exercise of their functions. Thus, in Somalia, at least four journalists covering the chaotic situation facing the country were killed, includ- Radio Shabelle ing Mr. Mohamed Amin Adan Abdulle, a reporter with 5 , and Mr. Hassan Zubeyr Haji Hassan, a cameraman for Al-Arabia . As mentioned above, a journalist who was investigating corruption within the police force was tortured and murdered in Kenya.

The practice of their profession has again proven extremely difficult. Thus, several States continued to weigh on press offenses, and journalists faced prison sentences for “defamation”, “seditious publication” and “publishing false news”, especially in the context of denouncing embezzlement or challenging the Government such as in Cameroon, Mauritania, Niger, the Republic of the Congo or Rwanda, where journalists denouncing the atrocities and abuses committed by the authorities run the risk of being

18 5 / See International Federation of Journalists (IFJ). of the region for which there is no country fact-sheet country no is there which for region the of countries on 2009 in Observatory The by issued Interventions Urgent rights. human of promotion and advocacy the on remarks denigrating broadcast to media the manipulate to hesitate not did remained ( also conflict armed of issue expression the around of restricted Freedom ideology”. “genocide of accused ( GABON RWANDA CAMEROON CAMEROON RWANDA CONAKRY GUINEA- CONAKRY GUINEA- Niger, DRC, Sudan COUNTRY (ACDIC), including Messrs. including (ACDIC), Essangui, Essangui, Kamano, arc Ona Marc , Mintsa Ngbwa members of the Citizen’s the of members and Koungou Dieudonné and Koungou Dieudonné Mr. of the Collective Interest Collective the of , Théophile Nono Ibrahima Sidibe Ibrahima Ms. and , Jean Balde, Souleymane Ruphin Koulou, Ruphin Messrs. Messrs. Association in Defence in Association , Sow Amadou Thierno Amadou Bah, Amadou Jean-Marc Bikoko Jean-Marc Mr. Bernard Bernard and Franklin Diallo, Messrs. , Sangare Laye Mr. Mr. and nine and Mbe Ngo Ms. , Mintsa Jean Bosco Talla Bosco Jean Gaston AssekoGaston Gaston AssekoGaston François-Xavier Mouktar Diallo Mouktar Maximilienne Njongang Gregory Ngbwa Gregory Names Christophe Kone Christophe , Bamba Sékou Byuma Mamadou Kaly Mamadou , Mpaga Georges , Mpaga Georges Thierry Lévy, Thierry Marc Ona Marc ). In addition, some States like the the like ). States some addition, In Thierno Gregory Gregory Alpha Alpha Mowha and Harassment / Threats / Harassment Obstacles to freedom to Obstacles Judicial proceedings Judicial Judicial harassment Judicial Arbitrary detention Arbitrary Arbitrary detention Arbitrary Arbitrary arrests Arbitrary of association of Violations / Violations Follow-up Threats DRC Urgent Appeal RWA Appeal Urgent 001/0607/OBS 059.2 001/0607/OBS Urgent Appeal CMR Appeal Urgent Joint Press Release Press Joint Joint Press Release Press Joint 001/0309/OBS 042 001/0309/OBS Press Release Press Press Release Press Release Press Press Release Press Press Release Press Release Press Reference ) and during elections elections during and ) Republic of Congo of Republic l a u n n a March 9, 2009 9, March December 16, December December 16, December December 1, December July 2, 2009 2, July February 6, February October 30, October January 14, January January 6, January January 9, January

Issuance t r o p e r Date of of Date 2009 2009 2009 2009 2009 2009 2009 2009 2010

AFRICA BURUNDI observatory for the protection of human rights defenders annual report 2010

Political context The year 2009 was marked by significant progress in the implementation of the peace process from the 2000 Arusha Agreement and the preparation of five elections – including the election of President of the Republic by universal and direct vote – scheduled between May and September 2010. In particular, on April 18, 2009, members of the Party for the Liberation of Hutu People – National Forces of Liberation (Parti pour la libération du peuple hutu – Forces nationales de libération – Palipehutu-FNL) a rebel

movement, definitively renounced the armed struggle 1and the movement was registered as a political party, the FNL, on April 21 . This decision sug- gests a real hope for peace in this country, which was in the grip of a bloody civil war for decades. The only drawback remains issues related to the fight against impunity for perpetrators of serious crimes and establishing transitional justice mechanisms, which are well behind schedule. National consultations on this theme were organised throughout the country.

While the end of the rebellions led to the preparation of the 2010 elections, issues of election-related security and resolution of electoral dis- putes remained sensitive. In the pre-election context, the National Council for the Defence of Democracy – Forces for the Defence of Democracy (Conseil national pour la défense de la démocratie – Forces de défense de la démocratie – CNDD-FDD), the ruling party, tried to control the outcome of elections to ensure its re-election, without hesitating to restrict spaces for democratic debate and tighten freedoms. Violations of the freedom of assembly of political parties were reported, as well as violence between young members of political parties.

Among the positive developments, the new Criminal Code promulgated by President Pierre Nkurunziza on April 22, 2009 abolished the death penalty, severely punished perpetrators of sexual violence and criminal- ised torture, genocide, war crimes and crimes against humanity. Moreover, the majority of criminality for children was raised from 13 to 15 years. However, this same Code provides, in Section 567, that persons found guilty of having homosexual relations can be sentenced to three months’

20 1 / See United Nations Secretary General Statement, April 22, 2009. October 16, 2009. Assembly on August 15, 2007 but its report was never discussed by the Assembly. See OLUCOME Letter, francs (approximately 3,153,482 euros). A committee was appointed following a resolution of the National CFA billion five than more byOLUCOME, to according shortfall, a and ridiculous considered price a at 4 United NationsDocument A/HRC/10/71, January 8,2009. 3 Burundi, April24,2009. 2 April on replaced was it perpetrators, alleged interrogate to and incompetent ineffective deemed was it as but formed, was inquiry of commission 10, 2009, initial April taken. an On been had action no but Bujumbura, of Mayor Prosecution the with lodged was complaint 7, 50 a 2009, Falcon January On plane presidential the of case the of and benefit society the for Interpetrol the funds public of misuse the to relating those including records, certain surrender to them ordering threats received had members OLUCOME some 2009,5, January his On in websites. on placed attacks by flyers or office through or phone by threatened regularly been had Mr.Manirumva before, was Shortly stolen. office were his documents and of open door forced the night, same The documents. his confiscated endettés très pauvres ( Countries Poor Indebted Heavily in Expenses of Management and Monitoring for publics marchés des régulation de ( Committee Procurement Authority Regulatory of the Chairman économiques malversations et les corruption ( Embezzlement Economic and Corruption Manirumva fighting defenders corruption. In the night of April 8 to 9, 2009, Mr. corruption denouncing defenders against Attacks to 2010. presented be early in would Parliament Principles, Paris the with accordance in not was which version, first year. The the throughout table Government’s the on reported was Rights on Human Commission National of an independent establishment becoming illegal for the first time in the history of Burundi of history the in time first the for same-sex illegal the of becoming people between practices sexual with euros), 150 CFA to francs (75 100,000 to 50,000 of fine a and imprisonment years’ two to United Nations Human Rights Council in December 2008, a delay in the the in 2008, delay a December in Council Rights Human Nations United

/ / / /

Finally, during the Universal Periodic Review (UPR) of Burundi by the the by Burundi of (UPR) Review Periodic Universal the Finally,during The year 2009 was marked by an intensification of repression against against repression of intensification an by marked was 2009 year The

See Human Rights Council, This case concerns the sale of the presidential jet Falcon 50 at the Delawarethe at presidentialFalconCorporation50 the jet of company sale concernsthe case This See Burundian and international NGOs Petition against the criminalisation of homosexuality in in homosexuality of criminalisation the against Petition NGOs international and Burundian See Comité national de suivi et de gestion des dépenses des pays pays des dépenses des gestion de et suivi de national Comité , Vice-President of the Observatory for the Fight Against Against Fight the for Observatory the of Vice-President , 3 . Although it was expected early 2009, the Bill remained remained Bill the 2009, early expected was it Although . Report of the Working Group on the Universal Periodic Review - Burundi, ), was killed in Bujumbura by strangers, who also also who strangers, by Bujumbura in killed was ), ) and member of the National Committee Committee National the of member ) and – OLUCOME) and also – also OLUCOME) and Vice- Observatoire de lutte contre la la contre lutte de Observatoire l a u n n a 2 .

t r o p e r Autorité Autorité Ernest Ernest 2010 4 . 21

AFRICA observatory for the protection of human rights defenders

22 by another judicial inquiry. In addition, the United States Federal Bureau of Investigation (FBI) and Interpol, as part of a collaboration by the police, acceded to the request for international support to Burundian civil society and delegated agents in the country to provide technical and logistical support. On October 8, 2009, in the absence of progress in the investigation, OLUCOME informed the Attorney General of the Court of Appeal of Bujumbura that he would serve as plaintiff in the case of Mr. Ernest Manirumva’s assassination. On October 22, 2009, a third judicial commission of inquiry was formed, with Mr. Adolphe Manirazika, First Deputy to the Court of Appeal of Bujumbura, as President. As of the end of 2009, the investigation had still not progressed. Furthermore, on April 21, 2009, Mr. Gabriel Rufyiri, President of OLUCOME, received death threats by telephone following which he filed a complaint against persons unknown to the Public Prosecutor of Bujumbura town. However, as of late 2009, no action had been taken on this complaint. Acts of harassment against defenders exposing miscarriages of justice In 2009, several lawyers were summoned by the judiciary, following a broadcast between July 14 and 16, 2009 after they denounced corruption in the High Court of Ngozi. Mr. Marc Kirura, journalist of Radio publique africaine, and the person he interviewed, Mr. Stany Mbazumutima, member of Ngozi branch of the Burundian Human Rights League Iteka (Ligue burundaise des droits de l’Homme Iteka), appeared before the Prosecutor of Ngozi on July 23, 2009 for questioning following a complaint for “false statements”. Mr. Jean Bosco Ndayiragije, Head of the radio station, also appeared on July 28, 2009 before the Prosecutor of Ngozi. By decision of the National Communications Council (Conseil national des communications 5 ), all cases were subsequently closed due to lack of evidence . Obstacles to freedom of peaceful assembly In 2009, several meetings organised by civil society on human rights were banned in accordance with the Law on Public Meetings and Demonstrations of 1981. For instance, on June 29, 2009, a day of information and awareness on the national consultations for the establishment of transitional justice mechanisms, organised in the province of Karuzi Forum pour le by the Forum for the Strengthening of Civil6 Society ( renforcement de la société civile – FORSC) was banned on the grounds that the authorities had not been informed. Demonstrations denouncing

5 / See Iteka League. 6 / The FORSC is an organisation that gathers 146 Burundian civil society associations with the aim of 22 strengthening these associations’ capacities. authorities”, including the Ministry of the Interior and the CNDD-FDD the and of Interior the Ministry the including authorities”, in by tion” indulged “some administrative high organisations society of civil demoniza “unsustainable the denounce to Republic, the of President the gouvernementale ( Action Government of Observatory the League, Iteka OLUCOME, FORSC, 2009, 18 November on Similarly, Services. Intelligence National the by supervision under placed APRODH), were – Persons Detained ( and Rights Human of Protection the for Association their protests andthesurveillance oftheirmembers. 8 7 association. an as re-registered been not still had FORSC 2009, of end the of it.As leave should FORSC within legal association the non-profit of without status organisations that considered Interior the of Ministry crisis. The the overcome to appointed was Interior the of Ministry the of members three and FORSC of members four of consisting committee cal his 23, of November order reversed of the a and techni effects the suspending decision Minister the 2009, 5, December dated letter a in In banned be Burundi. to NGO first the is This 2006. May in ministry same that by order, the approved in error technical a FORSC,citing of approval the 23,November an order rescinding 2009,signed of the Interior the Minister threats. a month. over Finally,death for safety,his for hiding in on Fearing live to had he 2009, anonymous 21, of series November a On received members. Ninihazwe its Mr.Pacifique of movements the monitoring premises, association’s the of vicinity of the in people several saw members APRODH 2009, 19, November on Furthermore, organisations. those of the Interior,the Minister with to take who threatened “measures” against met and convened associations five these of day, same The representatives Ninihazwe plots. land of FORSC, Mr. of General transfer Delegate Kayanza 2009, the the mid-November In of to linked Governor case a the during of 2009 13, guards October the on by tortured being after of 2009 murders the into investigations Mr.serious Ernest Manirumva conduct and Mr.to Salvator Nsabiriho,campaign a who died for on November 5, calling after harassment of acts various suffered members example, its and For FORSC impunity. against fight their of because harassed and ened impunity fighting defenders against harassment of Acts and year the during banned investigation also were albinos by serious suffered assaults for calls and assassination Manirumva’s Mr. Association pour la protection des droits humains et des personnes détenues détenues personnes des et humains droits des protection la pour Association / / In 2009, several human rights defenders and organisations were threat were organisations and defenders rights human 2009,several In

See Iteka League. In particular, thesedenounced organisations the threats to their representatives, the prohibition of , and Mr. Mr. and , – OAG) and APRODH published an Open Letter to to Letter Open an published APRODH and OAG) – ire lvr Mbonimpa Claver Pierre Observatoire de l’action l’action de Observatoire , President of the the of President , l a u n n a 7 . Pacifique Pacifique

t r o p e r 2010 8 - - - .

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Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Mr. Ernest Manirumva Assassination Urgent Appeal BDI April 14, 2009 001/0409/OBS 061 Forum for the Strengthening Obstacles to freedom Urgent Appeal BDI December 1, 2009 of Civil Society (FORSC) / of assembly / Threats / 002/1209/OBS 176 Mr. Pacifique Ninihazwe Intimidation

24 May 27, 2009. Republic African Central the to Mission - Addendum 3 African Republic, United June NationsDocument A/HRC/12/2, 4,2009. 2 President Francois Bozizé onDecember 2009. 31, Massi was caught with Chadat the border and exchanged between Chadian President Idriss Deby and Mr.2009, 18, December On Bozizé. Francois Presidentcurrent the and 2003, in Patassé,overthrown 1 DRC. the December and in Sudan Uganda, by 2008 conducted operation military joint during of (DRC) Republic Congo Democratic the in camps their of bombardment fol the lowing Republic African Central the of regions south-eastern in attacks up extent large a to are of accountability which absent forces, security the of reform and impunity against fight the lawlessness, of general state of the crime, against abolition population the protecting remained resolve to noted issues urgent most Executions the that Summary on Rapporteur Special Nations United the people 100,000 of over displacement forced the caused also looting and violence, torture soldiers, sexual child of insecurity general recruitment civilians, of of executions Summary north-west. the in prevailing climate a and prosecuted been having never tions ( Unity for Forces des pour la patriotes justice et la paix by the year’s end the process had not advanced due to resistance by the the by Peace and resistance ( Justice for Patriots to the of Convention the of rebels due advanced not had process the end year’s the by 2009, in early programme and reintegration a disarmament, demobilisation launched authorities Republic rights. for human African the Central While context Political annual observatory C R – FACA) and rebel groups were not accompanied by an enhanced respect respect enhanced an by accompanied not were groups FACA) – rebel and UFDR). New massacres took place, with those responsible for past viola past for responsible those with place, took massacres New UFDR). between the Central African Armed Forces ( Forces Armed African Central the between

/ / /

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AFRICA observatory for the protection of human rights defenders

After the appointment in January 2009 of a consensus government, a Monitoring Committee of the Recommendations from the Inclusive Political Dialogue (Comité de suivi des recommandations du dialogue politique inclusif – CSDPI) was established on February 5, 2009 in preparations for the 2010 general elections. This committee, consisting of twenty- five members, included representatives of political parties, international, regional and sub-regional institutions and only two representatives of civil society. Preparations ahead of the 2010 elections occurred under tension, as evidenced by the promulgation of the Electoral Code on August 3, despite the fact that some parts were declared unconstitutional by the Constitutional Court, as well as the difficulties met during the nominations of members of a national independent electoral commission. The election date was also marked by the return of former President Ange-Felix Patassé, in exile in Togo since 2003, who reported his intention to run.

It is within this context that the Trial Chamber ordered on August 14, 2009 the provisional release of Mr. Jean-Pierre Bemba, former Vice- President of the Transitional Government in the DRC accused by the International Criminal Court (ICC) of being responsible for war crimes and crimes against humanity committed by the Congolese Liberation Movement (Mouvement de libération du Congo – MLC) in 2002 and 2003, when Mr. Patassé was presiding over the Central African Republic,

causing fear on the part of victims and witnesses. On December4 2, the ICC ordered on appeal the detention of the accused until the trial .

Moreover, the media continued to be unable to report freely, especially on the armed conflict. For instance, on January 10, 2009, the newspaper Le Citoyen was denied publication for one month by a decision of the High Council of Communication (Haut conseil de la communication – HCC) for “insulting the authorities”, after categorising the Parliamentarians as “kpandas” (“insignificants” in Sango), arguing that the Parliament’s decisions only obeyed presidential will. The daily L’Hirondelle was also suspended by the HCC for a period of fifteen days from April 20, 2009

following its publication, on April 2, 2009,5 of an article alleged to have called for “the sedition of the armed forces” . Although the daily published on April 3, 2009 the two rights of reply of the Ministry of Defence, the

4 / See ICC Press Release, December 2, 2009. 5 / The article quoted a statement by the Collective of the Free Officers (Collectif des officiers libres - CORLC) led by former Army Captain Mr. Joaquim Kokaté, published on March 29, 2009 and which said President Bozizé was responsible for the lack of security in the country, accusing him inter alia of being “unpatriotic”. This statement further called for disobedience by the youth and refusal to go on a mission, 26 considering the war as a ploy by the Government to hide the problems of governance. 8 7 6 he that witnesses before and office his in Mr.of warned also was Morouba client a 2009,18, November Mr. On Patassé. of supporter a as identified man a from in threats victims received of case, Bemba” v.Jean-Pierre representative “Prosecutor the legal the to assistant and lawyer OCDH), ( Rights Human of 17, November on Furthermore, Mr.threats. those into investigation an of opening possible the regarding obtained been had information no 2009, to him “go cemetery” the to telling by telephone, caller the threats détresse en familles des ment ( of Distress in Development and Families Compassion for Organisation the of Coordinator accomplices, Mr.of his prosecution the require and Bemba Mr.of release provisional Jean-Pierre for 4,application the protest to 2009 on November women’s the Bangui in held after march Similarly, night the investigation. an of opening possible the regarding obtained been had tion sexual violence to ensure their right to justice to right their ensure to violence sexual and rape of victims with works Mr.room.Ngouyombo living his in rifle humanitaire d’action et ( Action Humanitarian and Rights 14-15, July of night 2009, Mr.the in example, For intimidation. and harassment threats, to subjected regularly been have victims the of families and wit nesses lawyers, the Bemba”, v.Jean-Pierre “Prosecutor case the ICC of the 2007 before in opening the Since speak”. they then the guard, about] [it’s presidential If ... them about talk never activists rights human nately unfortu rights, has also rights, areas rebel from “Human 1: population the ... December rights on human Day National of eve the on hints follow ing the issued having Bozizé Mr.Francois effect, that 30, to went November on 2009 address presidential The operating south-east. rebels and for north the support in or efforts, peace on was attack an violations as rights perceived human denounce to attempt any as intimidation, impunity against fighting defenders of intimidation and Harassment danger” in sovereignty “put to journalist any forbids Act,which 29 of Disclosure the Article had violated newspaper the that felt HCC still working for the ICC, continued in 2009 to be subject to threats and and threats to subject be those to 2009 including in Republic, continued ICC, the African for Central working the in committed crimes / / / Human rights defenders fighting against impunity for international international for impunity against fighting defenders rights Human See Organisation for CompassionSee Organisation andDevelopment ofFamilies inDistress (OCODEFAD). Idem. See Journalists Press InDanger Release, April22, 2009. Mathias Morouba Mathias Adolphe Ngouyombo Adolphe Observatoire centrafricain des droits de l’Homme l’Homme de droits des centrafricain Observatoire Organisation pour la compassion et le développe le et compassion la pour Organisation , Vice-President of the Central African Observatory , of Vice-President the Observatory African Central – MDDH), was shot by a bullet from an assault assault an from bullet a by shot was MDDH), – – OCODEFAD), received anonymous death death anonymous OCODEFAD), – received , President of the Movement for Human Human for Movement , the of President Mouvement pour les droits de l’Homme l’Homme de droits les pour Mouvement 7 . In late 2009, no informa no 2009, late .In Erick Kpakpo Erick l a u n n a 6 .

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AFRICA observatory for the protection of human rights defenders

was “disturbing” the “President” Patassé and that there was talk of him in meetings between supporters of the former President. The following week,

Mr. Morouba complained to the Prosecutor,9 who referred the case to the police for an investigation to be opened . Moreover, the Central African civil society remained deeply affected by the death, on December 27, 2008, of Mr. Nganatouwa Goungaye Wanfiyo, Chairman of the Central African League for Human Rights (Ligue centrafricaine des droits de l’Homme – LCDH) and lawyer who played a central role in denouncing human rights violations in the country, in unclear circumstances and which remained unresolved at the end of 2009. Arbitrary detention and judicial harassment against defenders of the rights of refugees and the displaced In 2009, defenders who defended the rights of people displaced by armed conflict were also subject to harassment. For instance, on December 18, 2009, Mr. Alexis Mbolinani, Coordinator of the NGO “Youth United for Environmental Protection and Community Development” (Jeunesse unie pour la protection de l’environnement et le développement communautaire – JUPEDEC), which defends the rights of refugees and displaced persons in the Upper-Mbomou after LRA incursions, was arrested in his home by policemen of the Research and Investigation Division (section recherche et investigation – SRI), while JUPEDEC was due to receive funding from institutional donors in the days to come. The police also searched his home and confiscated his computer, his camera and his record collection. Mr. Mbolinani was arrested on a trumped up case against him, accusing him of collaborating with the LRA leader in Kenya, of being the focal point of the LRA in the Central African Republic, and of hiding weapons of war at home. Based on these false charges, Mr. Mbolinani was accused

of “undermining the internal security of the State” 10and, on December 31, 2009, he was detained at the SRI, pending his trial . Urgent Intervention issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Mr. Mathias Morouba Harassment / Urgent Appeal CAF November 27, Intimidation 001/1109/OBS 174 2009

9 / On March 16, 2010, Mr. Morouba was contacted by the police to this effect. 10 / In April 2010, Mr. Mbolinani was finally released, with no explanation from the authorities. 28 See OCODEFAD. pour lapromotion etladéfense despour droits del’Homme -ATPDH). 4 3 scheduled for April23, 2011. 2010, followed by local elections on December 12, 2010 and the first round of the presidential elections, the radical opposition on August 13, 2007, the parliamentary elections should take place on November 28, 2 Nations Document CCPR/C/TCD/CO/1, 2009. 11, August 1 within grouped rebels the between again 2009,in May of fighting start the party political a form to chance the rebels the gave agreement and allies Government discrimination by the enjoyed to linked favouritism injustice social and revenues oil larly particu State, the of management and governance of real a issues on of dialogue introduction of lack for Agreement, Political Global the under made progress sole the constituted elections of prospect the that fact the calendar election the announced ( Commission Rights. Human of Ministry the including ministries, different the by 2009 February in initiated that were Government the of support in marches of in some part take after to refused them organisations society civil of officials the on pressure able consider put to and manoeuvre for room no opposition the leave to ued contin Itno Deby Idriss President impunity.Furthermore, total also and military advantages and financial from increased,material benefitting the army with the of power The fun importance. and secondary rights to freedoms human of damental question the relegated which emergency, of state 15-day a imposed authorities military and political the offensive, the forces security Chadian the by perpetrated population ian civil the against attacks and property,of displacements forced destruction torture, of cases detention, arbitrary murder, disappearance, rape, enforced United the context, this of acts the 2009 August in In denounced Committee mark. Rights Human Nations its left has 2008 February in groups context Political annual observatory CHAD

/ / / / /

On January 7, 2010, the President of the National Independent Election Election 7, Independent 2010,On January National of the President the rebel three by capital the in Government the against attack armed The

See Human Rights Committee, Rights Human See In the framework of the Global Political Agreement concluded between the presidential majority and See International Crisis Group Africa Report No. 26,2009. 65,August See Chadian Association for the Defence and Promotion of Human Rights (AssociationtchadienneRights PromotionHuman Defenceand of Associationthe forChadian See

report

for 2010

the Commission électorale nationale indépendante nationale électorale Commission

protection Concluding Observations of the Human Rights Committee Rights Human the of Observations Concluding

human 2 . Civil society stakeholders emphasised emphasised stakeholders society Civil .

rights

defenders 3 . Amongst other things, this this things, other Amongst .

1 . Shortly after after Shortly . 4 .However, – CENI) CENI) – , United , - - - - - 29

AFRICA observatory for the protection of human rights defenders

the Union of Resistance Forces (Union des forces de la résistance – UFR) and Government forces once again threatened peace and security in the sub-region and also increased the risk of aggravating the humanitarian situation in the east of the country.

In this context, the United Nations Human Rights Committee reminded the Chadian Government, amongst other things, that it had an obligation to respect and protect human rights defenders and to lift non-conventional

restrictions 5on freedom of association, freedom of the press and freedom of assembly . Included in these provisions is Regulation No. 5, adopted in February 2008, which drastically restricts press freedom through provisions that penalise any critical reporting of sensitive subjects in Chad, notably Government business, the armed rebellion and ethnic relationships. This regulation had still not been repealed by the end of 2009.

Furthermore, although Chad gave political support to Senegal and promised financial support for trying former Chadian President Hissène Habré, accused for his presumed responsibility in the mass crimes committed under his regime, impunity remained commonplace in the country, and there was still no real political willingness to begin judicial proceedings against the holders of office under the Habré regime, guaranteeing senior

positions in defence,6 security and civil administration institutions for the great majority . Similarly, although the national commission of inquiry set up to investigate the repression that followed the N’Djamena attack in 2008 noted the responsibility of the Chadian army in the disappearance of political opponent Ibni Oumar Mahamat Saleh, no serious inquiry or judicial proceedings had been opened against those responsible by the end of 2009. Intimidation of defenders who denounce impunity In 2009, defenders who were most at risk were again those who fight against impunity for the most serious crimes and abuses committed by agents of both the previous and the current State regime. As an example, human rights defenders working on the disappearance of Mr. Ibni Oumar

Mahamat Saleh since February 3, 2008 were7 constantly under surveillance and exposed to threats and intimidation . Furthermore, Messrs. Michel Barka, President of the Union of Chad Trade Unions (Union des syndicats du Tchad – UST), and Tenebaye Massalbaye, President of the Chadian

5 / See Human Rights Committee, Concluding Observations of the Human Rights Committee, United Nations Document CCPR/C/TCD/CO/1, August 11, 2009. 6 / See ATPDH. 30 7 / For security reasons, the names of the people concerned are not mentioned. dialogue andto implementaproceduredialogue for nationalreconciliation. national organise to trying is CSAPR The representativesdenominations. religiouswellas of as allies Government of hundreds and parties society,political civil opposition of members 150 by signed was at the end of a day on organised November 16, 2002 in Chad to consider the issue of peace. This appeal 8 was but him at fired attackers the of One home. his near people three by d’analyse politique d’analyse ( Committee Analysis Political and with nalist 26, Prosecutor. Furthermore, on October 2009, Mr. the to complaint the and investigation police the in progress no been had there 2009, of end the of As around. travelled he accompanied when him also police and home his to assigned were days, five officers security During Mr.Massalbaye. of safety the guarantee to steps took facts. 29,the into On October 2009, investigation authorities the extensive an open Mr. Barka, as of well that as and safety his guarantee to measures necessary all take would they that him assured who services, intelligence of Director the and security public of Director the police, national the of Director by the Security, accompanied Public and Interior the of Minister the by received was 20, Mr.2009, October Massalbaye On Instance. First of Court N’Djamena the to sent was murder. case The attempted followed for and being for Republic the of General Prosecutor the with persons 26, 2009, unknown Messrs. against filed a and Barka complaint Massalbaye 23, absent.he was October while On October home his entered men armed On ten around individuals. unidentified by watched was and tailing to subjected also was 23,Mr. Massalbaye and 14,16 October on again then a day, same and brandished the On escape. and to Mr.managed direction. Barka his in stopping gun Barka Mr. of advantage took driver its him and followed motorbike A street. another into turned Mr.Barka arrest, illegal an be to believed he what way. from the escape to blocking order In road, the of middle the in stopped then clothes plain wearing person fied unidenti An vehicles. unmarked several by tailed was car, Mr.Barka his 2008.13, For driving instance, was on October 2009,he February in while d’état coup the during committed violations rights human the investigate to up set inquiry of commission the of imple recommendations the of of mentation blocking the concerning evidence provided they particular, In in Chad.order and law and situation on political the representatives Union réconciliation Appeal ( the of Reconciliation and Peace Committee for Monitoring the of delegates as Brussels and Paris to 2009 February in travelling after risk at LTDH), particularly were ( Rights Human of League /

CSAPR is the civil society follow-up structure for the Appeal for Peace and Reconciliation launched Radio Arc en ciel en Arc Radio – CSAPR) – – COSAP), one of the CSAPR bodies, was attacked attacked was bodies, CSAPR the of one COSAP), – 8 to alert the French authorities and European European and authorities French the alert to and a member of the Orientation, Strategy Strategy Orientation, the of member a and Ligue tchadienne des droits de l’Homme de droits des tchadienne Ligue Comité de suivi de l’appel à la paix et à la la à et paix la à l’appel de suivi de Comité Comité d’orientation, de stratégie et et stratégie de d’orientation, Comité Bertin Djim-Ambingam Bertin l a u n n a

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unable to hit him. On the same day, he had broadcast a programme on modernisation of public life in Chad in which questions on good governance had been broached. One of the attackers was arrested on October 29, 2009 and then released. As of the end of 2009, there had been no progress in the police investigation. Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Mr. Michel Barka and Attempted murder / Urgent Appeal TDC October 22, 2009 Mr. Massalbaye Tenebaye Threats / Surveillance 001/1009/OBS 153 Messrs. Michel Barka, Harassment Urgent Appeal TDC October 30, 2009 Massalbaye Tenebaye and 001/1009/OBS 153.1 Bertin Djim-Ambingam

32 15, 2009. quotidien au 4 2 1 country the of rest the in then and Bunia and Bukavu in first France of internationale broadcasting of contract the that context this in is FARDC.It in the journalists demoralise would that any information to not broadcast 2009 warned February Media and Communication of Minister the east, the in army the of role the and situation security the on reporting critical LRA the by civilians against reprisals law, and humanitarian and rights human of violations serious in resulted II”also Operation, of “Rudi Army part as 2009 March since Resistance (LRA), particularly Lord’s the against forces MONUC and FARDC the since three 2007 to city this in killed south journalists of Bukavu, in number the station bringing Kivu, police a from metres 150 men armed eight of from journalist a Chirambiza, to trying while by times conflict the affected people help several targeted also 2009. were October workers in Humanitarian conducted visit his following “catastrophic” as rights human of in terms results the described Executions or Arbitrary Summary Extrajudicial, on Rapporteur Special UN the and populations civilian on toll high 31, very a 2009. took It December on ended – groups rebel other of Liberation the for ( Rwanda Forces Democratic the neutralise to DRC (MONUC) the in Mission Nations United the by supported and FARDC), – Democratic the of Forces ( of Congo Republic Armed the by 2009 February in Kivu south context Political annual observatory R D 3 / / / / The “Kimia II” Operation – launched in the provinces of north and and north of provinces the in launched – Operation II” “Kimia The See UN Special Rapporteur onExtrajudicial,See UNSpecial Summary orArbitrary Executions, October 15, 2009.

Idem. See Committee for the Protection ofJournalists (CPJ) Press Release, 24,2009. August - JED) Annual Report 2009,Report Annual JED) - danger (Journalistesen Danger JournalistsIn See E EPU 2 . In the eastern province on the border with Uganda, operations by operations Uganda, with border the on province eastern the .In

report MOCRATIC MOCRATIC Forces démocratiques pour la libération du Rwanda la libération pour Forces démocratiques : entre la peur et la survie, l’état de la liberté de la pressecentrale,Afriquela Decemberen de liberté la l’étatde survie, la et peur la entre :

for 2010

the

protection B Forces armées de la République démocratique du Congo démocratique de la République Forces armées , 26,on July too critical, deemed was terminated 2009 L

of IC OF CO OF IC

human Radio Star Radio

1 rights . 23,On August 2009, Mr. Koko Bruno 3

. Furthermore, in order to avoid avoid to order in Furthermore, . defenders , was assassinated by a group group a by assassinated was ,

NG Liberté de la pressela Libertéde – FDLR) and 4 . O Radio Radio

AFRICA observatory for the protection of human rights defenders

Following reports from international humanitarian and human rights organisations, the MONUC publicly announced that it would halt all cooperation with the offensives of the FARDC, accused of committing serious human rights violations. Its mandate, which was renewed by the Security Council in December 2009, now emphasises the role of the MONUC in the protection of civilians, including human rights defenders.

5 In March 2009, seven UN Special Procedures recommended the Congolese authorities to fight impunity and strengthen the areas of law and order and justice, to reform the security sector, to prevent re-recruitment of children by armed groups, to protect the rights of women and ensure gender equality in law and society, to deal with underlying economic

causes of human rights violations, to protect the rights of internally6 displaced peoples and minorities, and to ensure access to health care .

Furthermore, impunity generally prevailed. For instance, General Bosco Ntaganda, who has an arrest warrant issued against him by the International Criminal Court (ICC), continued to operate among the FARDC and the authorities refused to transfer him to the ICC. During the Universal Periodic Review (UPR) of the UN Human Rights Council, the DRC authorities also rejected all recommendations to fight against impunity in the FARDC, to establish a monitoring mechanism to exclude known perpetrators of serious human rights violations and put an end to intimi-

dation, threats and arrests of human rights7 defenders and journalists, and to release the remaining political prisoners . Meanwhile, January 26, 2009

marked the beginning of the ICC trial of Mr. Thomas8 Lubanga, which represents a milestone in the fight against impunity . Indeed, this is the first case before an international court for which the use of child soldiers is being considered as a war crime. The trial of Messrs. Germain Katanga

5 / The Special Rapporteur on Violence Against Women, its Causes and Consequences, the Secretary- General Representative for Human Rights of Indigenous People, the Special Rapporteur on the Independence of Judges and Lawyers, the Special Rapporteur on the Right of Everyone to the Highest Attainable Standard of Physical and Mental Health, the Special Rapporteur on the Situation of Human Rights Defenders, the Special Rapporteur on the Question of Human Rights and Transnational Corporations and Other Businesses and the Special Representative of the Secretary-General for Children and Armed Conflict. 6 / See Human Rights Council, Combined report of seven thematic special procedures on technical assistance to the Government of the Democratic Republic of the Congo and urgent examination of the situation in the east of the country, UN Document A/HRC/10/59, March 5, 2009. 7 / See Human Rights Council, Report of the Working Group on the Universal Periodic Review* - Democratic Republic of the Congo, UN Document A/HRC/13/8, January 4, 2010. 8 / See Declaration of the European Union Presidency after the opening of Mr. Thomas Lubanga’s trial 34 before the ICC in January 2009, January 28, 2009. Youth Organisations Supportive of the Congo ( Congo the of Supportive Organisations Youth results desired the produce to seem not does Union, European the from funding with MONUC, by up set provinces eleven in defenders 14, February on 2009. Moreover,rights and human witnesses for Ngongo programme the protection Deputy by brought defenders proposed protecting a edict rejected and the incompetent Kivu, declared south was In Assembly defenders. Provincial of protection the ensure to mechanisms operational of lack the by compounded is impunity of context This trial. a to fair right the respect not does trial the often and investigation, serious a to subject rarely are defenders rights human of violations to due justice 12 11 situation intheeast ofthecountry, UNDocument A/HRC/10/59, March 5,2009. examinationthe of urgent and CongoDemocratic the Republicthe of Government assistanceof the to 10 9 ( DRC the in Organisations Society Civil of Synergy the of members the nor COJESKI Neither 2009. 28, April on DRC the fled Mr.Shabani reprisal, Fearing of COJESKI. premises the monitored clothes in plain soldiers like looking people several 5, and 2 April between and absent, was who Mr. Shabani, of home the at appeared gunmen unidentified the two 26, in March crisis On DRC. inter-institutional the on report a published had Kamerhe COJESKI Vital Mr. of resignation forced denounce to the Republic the had of President COJESKI the to of Letter Open members an 13, co-signed March On call. phone anonymous an Congo du solidaires jeunes des tions democracy of preservation the for calling defenders of Harassment dangers serious to them exposing “opponents”, or “traitors” “enemies”, as them presented who actors, State human against defenders” rights committed violations for impunity “widespread a noted Defenders Rights Human of Situation the on Rapporteur Special UN the 24,2009. November on started also district Ituri the in committed ity” human crimes” against and for “war “crimes Chui Ngudjolo Mathieu and in the DRC were subject to harassment. Thus, on March 24, 2009, 2009, 24, March on Thus, harassment. to Mr. subject were DRC the in tion, defenders were regularly stigmatised by the authorities and by non- by and authorities the by stigmatised regularly were defenders tion, criticised Rwanda’scriticised Rwandan participationinan operation against Hutu rebels ineastern DRC.

/ / / Throughout the year, advocates raising questions about democracy democracy about questions raising advocates year, the Throughout 2009, 3, June to 21 May from DRC the to visit her during Similarly,

See UN Special Rapporteur on the Situation of Human Rights Defenders Press Release, June 3, 2009.

The President of the National Assembly of the DRC, forced to resign on March 25, 2008 for having having for200825,March on forcedresignto DRC, the AssemblyPresidentof National The the of See Human Rights Council, Rights Human See Davy Shabani Davy Synergie des organisations de la société civile de la RDC la de civile société la de organisations des Synergie 9 . Indeed, complaints filed by defenders and those seeking seeking those .and by filed defenders Indeed, complaints , Head of Communications for the Collective of of Collective the for Communications of Head , Combined report of seven thematic special procedures on technical on procedures special thematic seven of report Combined 11 . – COJESKI), was threatened through through threatened COJESKI), was – 12 , and on March 24, the the 24, March on and , Collectif des organisa des Collectif l a u n n a 10 . In addi . In

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AFRICA observatory for the protection of human rights defenders

in which COJESKI participates, filed a complaint, discouraged by the lack of follow-up to complaints submitted by defenders. On March 15, 2009, officials of the armed national police and others in plain clothes arrested Mr. Floribert Chebeya Bahizire, Executive Director of Voice of the Voiceless (Voix des sans-voix – VSV), National Executive Secretary of the National Network of Human Rights NGOs Rights of the DRC (Réseau national des ONG des droits de l’Homme de la RDC – RENADHOC) and member of OMCT General Assembly, Mr. Dolly Ibefo Mbunga, VSV Deputy Executive Director, Mr. Donat Tshikaya, Responsible for Reception at RENADHOC, and Mr. Coco Tanda, a cameraman for Canal numérique télévision (CNTV). The arrest followed a press conference on the inter-institutional crisis in the DRC that had been held at the headquarters of RENADHOC in Barumbu, and which aimed at announcing a peaceful march and rally outside the Hall of the People on March 16 and submitting a memorandum to the Chairmen of the Senate and National Assembly calling for the preservation of democracy in the DRC. During a raid by police at the headquarters of RENADHOC, computer equipment, office material and a camera belonging to the privately-owned Canal Congo TV were seized. Messrs. Floribert Chebeya Bahizire, Dolly Ibefo Mbunga, Donat Tshikaya and Coco Tanda were held incommunicado at the National Intelligence Agency (Agence nationale de renseignements – ANR) in Kinshasa / Gombe before being taken in the evening to solitary confinement at Kin Maziere, headquarters branch for the General Information and Special Services (Direction des renseignements généraux et des services spéciaux – DRGS) of police. During their detention, the four men were abused. On March 17, they were released without any charges against them. The Synergy of Civil Society Organisations in the DRC filed a complaint on March 17 with the Attorney General of the Republic, which had not been addressed as of the end of 2009. Reprisals against defenders fighting against impunity for serious crimes In 2009, all security and police forces, the ANR, the Republican guard, the DRGS and the Military Detection of Anti-Patriotism (Détection militaire des activités anti-patrie – DEMIAP) continued to seek to silence anyone

denouncing13 the abuses they commit, and these acts generally went unpunished . For instance, as of the end of 2009, the murder of Messrs. Serge Maheshe in 2007 and Didace Namujimbo in 2008, journalists of Radio Okapi, which plays a key role in the fight against violence, particularly in

13 / See UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Press Release, October 36 15, 2009. FARDC military base in Muanda Kitona, Bas-Congo, repeatedly threat repeatedly Bas-Congo, Kitona, Muanda in base military FARDC contre l’impunité des crimes graves et violations massives et flagrantes des des flagrantes et massives violations et graves crimes des l’impunité contre and various stations of the Congolese army on on army news Congolese the of television stations the various and in days two during statements aired The briefing press non-native”. the a at as issued province this in peace the disturb to province” of eastern the and, to development the finally,tribute of “wanting con to “nothing having of army”, Congolese the of image the of “tarnishing Government”, Congolese the destabilise to seeking powers foreign of on behalf of “working accused was Mr Kitenge authorities”. Congolese the and himself against campaigns smear conducting and reports false writing 16 November 2002 to May 2009. from Congo of Republic Democratic the in committed violations rights human flagrant and mass and 15 onJanuarybegan 7, 2010 before theMilitaryTribunal inBukavu. 14 the exposed. For example, during particularly also were impunity with and violence sexual denouncing defenders women against harassment of Acts ICC the with appointments attended he where Netherlands), (The Hague The to country the leave was to day,able he finally next The Kisangani. Bangboka, of airport international the ( Migration of General Directorate the of officials by Kisangani of city the tion, 5, on October 2009, Mr.to leave ban an oral received Kitenge Dismas Kitenge Dismas 2009 mai à 2002 novembre de Congo du démocratique République en commis humains droits ( Group GL),entitled Lotus the of report the attacked John Kifwa General Claude Brigadier Region, Military Ninth the of headquarters at the day same the held briefing a and camp military Ketele Sergeant the at threats. those into parade investigation 18, a military 2009, on September during an addition, Kisangani In in of opening possible the regarding on diers sol women two against abuse of acts the denounced had which FDE), – ( Child” the of Rights of “Brotherhood Mr. kill to ened DRC,unpunished remained eastern congolaise de Kisangani Kisangani de congolaise Direction générale de migration de générale Direction

/ / / / Women defenders who denounce sexual violence committed by army the committed violence sexual Women denounce who defenders

After having been postponed several times in 2009, the trial for the murder of Mr. Namujimbo finally See GLPress Release, October 6,2009. Evaluation of the involvement of the Congolese in the fight against impunity for serious crimes serious for impunity against fight the in Congolese the of involvement the of Evaluation RadioOkapi.net Evaluation de l’implication de l’Etat congolais dans la lutte lutte la dans congolais l’Etat de l’implication de Evaluation Willy Iloma Ikilelo Iloma Willy , calling him a “lunatic” and “corrupt to blow $100 for for $100 blow to “corrupt and “lunatic” a him calling , 15 , published in May 2009, as well as its Chairman, Mr. Chairman, its as well as 2009, May in ,published as well as several radio and TV stations. In addi In stations. TV and radio several as well as . In late 2009, no information had been obtained obtained been had information 2009,no .late In – DGM) and from the ANR posted at at posted ANR the from and DGM) – 14 , President of the human rights NGO NGO ,rights human the of President . 20, the of April On 2009, members 16 Fraternité des droits de l’enfant de droits des Fraternité . Radio télévision nationale nationale télévision Radio Groupe Lotus Groupe l a u n n a

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night of October 1, 2009, eight men broke into the home of Ms. Rebecca Agamile, Treasurer of the Women’s Association for Solidarity, Peace and Integral Development (Solidarité féminine pour la paix et le développe- ment intégral – SOFEPADI) in Bunia. The men accused her of blaming men belonging to armed groups for human rights violations. They threatened to rape and kill her and her daughter, and robbed her of her personal belongings, including her mobile phone. On October 7, relatives of Ms. Agamile received a call from the mobile phone stolen by the attack-

ers. The caller again made threats against Ms. Agamile,17 who complained. As of late 2009, no investigation had been opened . Likewise, the assaults in 2008 of defenders because of their activities for the disclosure of sexual violence went unpunished in 2009, like the assassination of Ms. Wabihu Kasubi, in charge of monitoring within the organisation Voice of Those with no Voice nor Freedom (Voix des sans voix ni liberté – VOVOLIB) and Counsellor at the listening house for victims of sexual violence in Panzi, who was killed on May 18, 2008 in south Kivu, and the attack in November

2008 against Ms. Noella18 Usumange Aliswa, SOFEPADI Coordinator in the town of Bunia . Harassment of defenders of economic and social rights In 2009, defenders of economic and social rights were subjected to numerous acts of harassment because of the sensitivity of the issues raised in the context of their activities. Faced with this situation, the Committee

on Economic, Social and Cultural Rights adopted a recommendation19 on the protection of human rights defenders in the DRC . Obstacles and acts of judicial harassment against defenders denouncing poor working conditions Those who denounced poor working conditions suffered retaliation in 2009. For example, on August 31, 2009, Mr. Robert Ilunga Numbi, National President of Friends of Nelson Mandela in the Defence of Human Rights (Amis de Nelson Mandela pour la défense des droits humains – ANMDH) in the province of Bas-Congo, Ms. Marie-Thérèse Kalonda, in charge of the programme “Woman and Family” within the ANMDH, Mr. Jean-Paul Itupa, Public Relations Officer in the Kalamu branch of ANMDH, and Mr. Ndumba Toutou, a member of the ANMDH, were

17 / See League of Electors (Ligue des électeurs). 18 / Although the Military Prosecutor took Ms. Usumange Aliswa’s case, three suspects arrested were subsequently released one after the next. 19 / See Committee for Economic, Social and Cultural Rights, Final Observations of the Committee for Economic, Social and Cultural Rights - Democratic Republic of the Congo, UN Document E/C.12/COD/ 38 CO/4, December 16, 2009. September 28, the High Criminal Court ( Court Criminal High On the 28, prison. Kinshasa September central the to taken and authorities”, public the to disobedience civil to “incitement and rebellion” to “defa with “incitement mation”, charged formally was he when 8, September on Kinshasa Prosecutor of the to referred was to He lawyer. his to communicated access without arrest and his him for reasons the hours 48 without law,the by of instead prescribed days nine for Kinshasa/Gombe in ANR the of premises the on custody in held was Mr. evening, Numbi that later Ilunga released all Mr. were Toutouand same Mr.Itupa Kalonda, the Ms. on While subject. Kinshasa in 2009 24, August on conference press a lowing tion by the ANR, nor the torture he underwent during that time. On On time. that during to transferred Yambasawere and 23,Ndayango Malaba, Messrs. underwent February he torture the nor ANR, deten the by arbitrary tion and arrest his on Mr.Malaba by lodged complaint the and Economy Foreign consider to Trade.refused National magistrate hearing, Bokango At the the of Minister the by lodged was complaint a after Kinshasa in Gombe of General Prosecutor the of Office Bokango the at 19,2009. Magistrate On February Mr.16, Instructing the before went and Malaba 11 January on arrested were Mr. Malaba, by submitted orandum Mr. R Mr. officials. Ministry incentive to and bonus payments via made revenue of Trade surrender Foreign the and demanding Economy and National of Minister of the by funds embezzlement the public denouncing memorandum was a he submit while to ANR the preparing of officers five by arrested was Commerce, and 19, 2009, Mr. January Thus, harassment. on to jected arrest. with threatened being after event the cancel to had 8, and 7 September on Kinshasa in held was which (SADC), Community Development African South the of Summit the at Numbi Mr.Ilunga of in support demonstration a peaceful Mbfunga, planned had who Ibefo and of As libel. of 2009,for end the sued Furthermore, activities. he remained Messrs. Chebeya his exercising freely from him prevents decision, the for a record set to want not did court the that fact the release, his including of dollars euros).700 However, of approximately to thousand a total conditions the (equivalent one and francs Congolese 20,000 of bail a paid having after release, provisional Numbi’s Mr.Ilunga ordered Gombe in TGI) – the ( in Society workers Industrial of General conditions working the denouncing release press a of ANMDH the by publication ANR the after two weeks by two came arrest agents. Matonge The in workplace their at warrant a without arrested President of the Union Committee at the Ministry of National Economy Economy National of Ministry the at Committee Union the of President In 2009, defenders fighting against corruption were regularly sub regularly were corruption against fighting defenders 2009, In activity high-risk a corruption: against fight The Israël Kanumbaya Yambasa Kanumbaya Israël Société générale industrielle générale Société , two other union signatories , of the mem signatories union two other ichard Kambale Ndayango Kambale ichard Tribunal de grande instance grande de Tribunal Nginamau Malaba Nginamau – SGI), and fol and SGI), – l a u n n a

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the Penitentiary and Re-education Centre in Kinshasa (Centre pénitentia- ire et de rééducation de Kinshasa – CPRK). On February 26, the Court of Peace of Kinshasa/Gombe ordered their release pending trial, but they were detained following an appeal by the prosecution. On March 19, the TGI of Kinshasa/Gombe ordered bail on appeal. On March 23, Messrs. Nginamau Malaba, Richard Kambale Ndayango and Israël Kanumbaya Yambasa were released after having paid a bail of 150 dollars per person (equivalent to approximately 110 euros). As of the end of 2009, they remained within the scope of a complaint lodged by the Minister of National Economy and Foreign Trade, which alleges that “officers of [its] Ministry” made a false travel order, in which names of the three defenders would appear at any time. All three were abused during their detention. Yet, in late 2009, no investigation into the acts of abuse had been opened, although the Bokango magistrate did inform their lawyer that the Prosecutor’s Office in Kinshasa/Gombe would forward the matter to court. Sensitive issues in the management of natural resources Defenders of economic and social rights denouncing the Congolese and foreign mining companies that develop their activities outside of the national legal framework and international instruments, particularly in the provinces of Katanga and Equateur, and the environmental consequences of these activities, continued to be exposed to threats and obstacles in the course of their work. In addition, local authorities, which enjoy a certain freedom from the central Government, were regularly accused of collu- sion with some of these companies by the defenders and lawyers in the region, which caused them to be the target of these same authorities. The harassment suffered by Mr. Golden Misabiko, President of the Katanga branch of the African Association for the Defence of Human Rights (Association africaine pour la défense des droits de l’Homme – ASADHO/ Katanga), is particularly emblematic of this situation. On July 24, 2009, Mr. Misabiko was arrested by the ANR/Katanga following the publication by ASADHO/Katanga of a report alerting readers to the dangers of artisanal mining of uranium in violation of Shinkolobwe Presidential Decree No. 04/17 of January 27, 2004. When the judge sat to consider the request for continued detention made by the prosecution, the Minister of Communication and Media, Mr. Mende Omalanga, held a press briefing in Kinshasa, during which he attacked the activities of the FIDH and its member organisations in the DRC and expressed the Government’s desire to prosecute Mr. Misabiko. Mr. Misabiko was remanded into custody until August 20, before being released on bail for medical reasons. On September 21, the Court of Peace of Lubumbashi sentenced Mr. Golden Misabiko to a one year suspended sentence following a trial marred by 40 numerous irregularities. Lawyers for Mr. Misabiko appealed that deci- Urgent Interventions issued by The Observatory in 2009 in Observatory The by issued Interventions Urgent 2009. December in Lubumbashi of Prosecutor the to in Mr. complained night Lubumbashi. Mulamba near at Gecamines, of off cemetery the him dropped and him blindfolded having after firearm a with him by taxi.home threatened men returning These while by men two 14, 2009. Furthermore,18, on October 2009, Mr. kidnapped was Mulamba on interview an following threats new received 3. October to 29 She September from Lubumbashi leave to had Munongo Ms. activities. their resuming fully from them threatening prevented which receive messages, to continued but November, until lives, their Lubumbashi for left fearing Mbuya, and Umpula Messrs. 28, September conducted. On been had investigation serious no 2009, of end the of as but, Umpula, Mr. 2009, 17, Mr.September Mbuya, On Mr. number. Mulamba and Ms. Munongo to complained the Prosecutor phone same the from Women ( Ms. ( Law Mulamba humains droits les ( pour Rights Human for Impunity Against Action Mr.2009,21, and 18 17,16, September on Thus, reprisals. with threatened of were report the ASADHO/Katanga supported had who defenders many Lubumbashi, in 2009 later. hours Finally, September in several charge without released were All ( Reconciliation and ( Group Action Non-Violent ASADHO,of branch Kitenge, Dismas Messrs. of Chebeya, arrest Floribert the in resulted and authorities, the informed having 7, after August on held finally was support of show The Lubumbashi. of Mayor the by banned was release immediate his demand to Misabiko Mr. In Golden of support of in held occurred. group a organisations yet society that civil not 17 had demonstration peaceful appeal a 2009, 6, the August 2009, on of addition, end the of as but, sion and Mr. and Mr. Mr. Dominique Munongo Dominique Elie Kadima Elie Kalonda Omanya Kalonda Paul Henry MundelaPaul Henry Centre pour les droits de l’Homme et le droit humanitaire droit le et l’Homme de droits les pour Centre Nginamau Malaba Nginamau François ToussaintFrançois Names Centre de développement pour la femme femme la pour développement de Centre , member of the Centre for Human Rights and Humanitarian Humanitarian and Rights Human for Centre the of member , Mouvement pour les droits de l’Homme et la réconciliation de l’Homme droits les pour Mouvement , member of the Movement for Human Rights and and Rights Human for Movement the of member , Timothée Mbuya Timothée Jean-Marie Kabanga Jean-Marie Arbitrary detention / Risk / detention Arbitrary Arbitrary detention / Risk / detention Arbitrary – ACIDH), Mr. Timothy Mbuya, Mr. Mbuya, Mr.ACIDH), Timothy – Violations / Follow-up / Violations , member of the Centre for Development for for Development for Centre the of ,member of torture of of torture of Emmanuel Umpula Emmanuel Groupe d’action non violente évangélique violente non d’action Groupe , Vice-President of the Katanga Katanga the of Vice-President , Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent 002/0209/OBS 026 002/0209/OBS , a member of the Evangelical , Evangelical the of a member 001/0109/OBS 011 001/0109/OBS Reference Radio Okapi Radio Action contre l’impunité l’impunité contre Action – CDF), received threats – CDF),threats received , Executive Director of of Director ,Executive l a u n n a February 17, 2009 17, February Date of Issuance of Date January 21, 2009 21, January on October October on Grégoire Grégoire

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AFRICA observatory for the protection of human rights defenders

Names Violations / Follow-up Reference Date of Issuance Messrs. Nginamau Malaba, Urgent Appeal COD February 19, 2009 Richard Kambale Ndayango 002/0209/OBS 026.1 and Israël Kanumbaya Yambasa Urgent Appeal COD February 26, 2009 002/0209/OBS 026.2 Arbitrary detention / Urgent Appeal COD March 12, 2009 Judicial harassment / 002/0209/OBS 026.3 Torture and ill-treatment Release / Prosecution / Urgent Appeal COD March 24, 2009 Ill-treatment 002/0209/OBS 026.4 Messrs. Floribert Chebeya Arbitrary detention / Urgent Appeal COD March 16, 2009 Bahizire, Dolly Ibefo Mbfunga, Fear for physical safety / 003/0309/OBS 049 Donat Tshikaya and Coco Tand Search Release / Inhuman and Urgent Appeal COD March 18, 2009 degrading treatment 003/0309/OBS 049.1 Messrs. Eric Muvomo, Threats Urgent Appeal COD March 23, 2009 Raymond Badesirwe 004/0309/OBS 050 Namalingo and Peter Kihuha Byagolo / Association Against Malnutrition and for Youth Education (ACMEJ) Mr. Fernandez Murhola and Threats / Judicial Urgent Appeal COD April 1, 2009 Mr. Davy Shabani / Collective harassment 005/0409/OBS 056 of Organisations of Youth Solidarity in Congo-Kinshasa (COJESKI) Mr. Willy Iloma Ikilelo Death threats Urgent Appeal COD May 14, 2009 006/0509/OBS 074 Mr. Golden Misabiko and Arbitrary detention / Urgent Appeal COD July 27, 2009 Mr. Thimothée Mbuya Release 007/0709/OBS 110 Arbitrary detention / Press Release July 30, 2009 Judicial harassment Urgent Appeal COD August 5, 2009 007/0709/OBS 110.1 Arbitrary detention / Urgent Appeal COD August 7, 2009 Judicial harassment / 007/0709/OBS 110.2 Obstacles to freedom of peaceful assembly Messrs. Golden Misabiko, Arrest / Release / Urgent Appeal COD August 10, 2009 Dismas Kitenge, Floribert Arbitrary detention / 007/0709/OBS 110.3 Chebeya, Timothée Mbuya, Obstacles to freedom Jean-Marie Kabanga and of peaceful assembly Elie Kadima Mr. Golden Misabiko Urgent Appeal COD August 18, 2009 007/0709/OBS 110.4 Provisional release / Urgent Appeal COD August 26, 2009 Judicial harassment 007/0709/OBS 110.5 Judicial harassment Press Release September 2, 2009 Urgent Appeal COD September 4, 2009 007/0709/OBS 110.6 42 (CEFOP-DH) / A member of the of member A / (CEFOP-DH) Centre for Studies and Popular and Studies for Centre (ASADHO-Katanga), Centre for Centre (ASADHO-Katanga), and Grégoire and Mbuya Timothée Defenders of economic, social economic, of Defenders Mulamba and Ms. and Mulamba and Messrs. and (ACIDH), African Association African (ACIDH), (CDF) and Centre for Human for Centre and (CDF) Human Rights (CODHO) and (CODHO) Rights Human the Development of Women of Development the Messrs. Emmanuel Umpula, Emmanuel Messrs. Messrs. Ms. Impunity for Human Rights Human for Impunity Training for Human Rights Human for Training Timothée Mbuya, Grégoire Mbuya, Timothée Committee of Observers of Observers of Committee Mulamba / Action Against Action / Mulamba for the Defence of Human of Defence the for and Numbi Ilunga Robert Rights and Humanitarian and Rights Mr. Robert Ilunga Numbi Ilunga Robert Mr. Rights, Katanga branch Katanga Rights, Mr. Dismas Kitenge Dismas Mr. Marie-ThérèseKalonda and cultural rights cultural and Ndumba Toutou Ndumba Emmanuel Umpula, Emmanuel CEFOP-DH Law (CDH) Law Munongo Names , Jean-PaulItupa Dominique Dominique

Violations / Follow-up / Violations Defamation campaign Defamation Threats / Harassment / Threats Ill-treatment / Theft / Theft / Ill-treatment Provisional release / release Provisional Judicial harassment Judicial Acts of intimidation of Acts Arrest / Arbitrary / Arrest Condemnation Death threats Death Death threats Death Aggression / Aggression Harassment detention

Economic, Social and Social Economic, 008/0909/OBS 136.1 008/0909/OBS 007/0709/OBS 110.8 007/0709/OBS Note of Situation to Situation of Note 007/0709/OBS 110.7 007/0709/OBS Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent 007/0709/OBS 132.1 007/0709/OBS Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent COD Appeal Urgent Urgent Appeal COD Appeal Urgent Urgent Appeal COD Appeal Urgent 008/0709/ OBS 112 OBS 008/0709/ 008/0909/OBS 136 008/0909/OBS 009/0809/OBS 115 009/0809/OBS 009/0909/OBS 137 009/0909/OBS 007/0909/OBS 132 007/0909/OBS the Committee on Committee the Cultural Rights Cultural Press Release Press Press Release Press Press Release Press Reference l a u n n a September 2, 2009 2, September Date of Issuance of Date October 26, 2009 26, October October 8, 2009 8, October August 7, 2009 7, August September 22, September September 22, September September 22, September September 15, September September 18, September November 25, November November 25, November November 25, November July 31, 2009 31, July 2009 2009 2009 2009 2009 2009 2009 2009

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AFRICA DJIBOUTI observatory for the protection of human rights defenders annual report 2010

Political context In 2009, the global economic crisis added to the many failings of the public services and denunciation was severely repressed, in a country where demonstrations are systematically repressed. As an example, on October 4, 2009, 189 young Djiboutians aged from 11 to 16 years old were arrested in Djibouti City following a demonstration to denounce electricity cuts and, in particular, cuts in drinking water that can sometimes last for several days. The 189 young people were brought to emergency trial in the middle of the night, without any lawyers, for “disturbing public order” and were all sentenced to six months’ imprisonment. Although the President pardoned

130 of them on October 15, 2009,1 around thirty were still held in Gabode prison on December 31, 2009 . In addition, the request for special permission to visit the young detainees made to the Minister of Justice by the Djibouti League of Human Rights (Ligue djiboutienne des droits humains

– LDDH), which had undertaken to make an independent2 report on the events, remained unanswered as of the end of 2009 .

Furthermore, in its analysis of the human rights situation, the rule of law, democracy and governance in all the countries of the Horn of Africa, the European Parliament expressed great concern regarding credible reports of arbitrary arrests, forced labour, torture and ill-treatment of prisoners and persecution of journalists in Djibouti. In addition, the European Parliament called on the Djibouti authorities to protect the political rights of opposition parties and independent human rights organisations, includ-

ing full guarantees3 of press freedom, freedom of assembly and freedom of expression . Indeed, there is still very little room for manoeuvre for all the actors of public life, with strict control of their activities, particularly of meetings, and self-censorship of the already limited number of media, for fear of arrest. The European Parliament also stressed the need for a meaningful dialogue between Government and opposition, leading to

1 / See Association for the Respect of Human Rights in Djibouti (Association pour le respect des droits de l’Homme à Djibouti - ARDH) Alerts, October 4 and 15, 2009 and January 17, 2010. 2 / See LDDH Open Letter to the authorities, October 12, 2009. 3 / See European Parliament Resolution P6_TA (2009)0026 on the situation in the Horn of Africa, January 15, 44 2009. 5 presidential decree dated July Note, 2008. SeeLDDHBriefing February 28, 2009. 4 7, June on discharge a from him. Mr.benefited against Noël-Abdi started be to investigation an for waiting while office Magistrate’s Examining the at regularly register to required and control judicial under placed was Abdi released.of ruling,the magistrate’s the terms with In Mr.compliance Noël- being before Magistrate Examining the by questioned then was dure.He proce offence flagrant the under Prosecutor Deputy the by hearing diate imme an for court the before On custody.5, deferred 2009, Mr.was in April Noël-Abdi placed being before gendarmerie Djibouti the of brigade corrupting witnesses intheBorrel affair. LDDHnoted manyprocedural irregularities. of him accusing Government, French the by arrestwarrantissued an to subject himself arrest is this ordered who Djibouti of Republic the of Prosecutor The prison. in months five to total the bringing sentence suspended a plus prison, in days four and months three to 2009 26, March on sentenced waspictures”, pornography child of “distribution and goods” stolen “receiving for 2007 28, October 6 United NationsDocument A/HRC/11/16*, October 5,2009. paedophilia of accused in particularly rulings, Pretis,Vicar De Sandro Episcopal Father an of that as such trials judicial sensitive and judgements certain of drafting and justification of lack the by illustrated independence, of lack its especially system, justice Djiboutian the of derelictions serious the condemned had he 26,which in March 2009 dated note briefing a in made apparently had he that authorities” judicial the of insults “public followed arrest the that informed verbally was He warrant. arrest an presenting without Djibouti, of capital the of centre town the in him arrested gendarmerie national the and Search the of ( Centre Documentation members 2009, 4, April On justice. of of malfunctions denunciation his following particularly harassment, to subjected be to justice of malfunctions denounced who defender a of harassment Judicial journalists of intimidation and representatives of union harassment judicial and to physical an end for calling and freedom union trade of guarantees necessary to relating tions recommenda refused 2009, Djibouti February in Council Rights Human Parliament in parties existing political of representation fairer permit to law electoral the of adaptation démocratique et le développemen le et démocratique

/ / / / / In 2009, Mr. 2009, In Nations United the by Review Periodic Universal the during Finally,

See Human Rights Council,

Father Sandro De Pretis, an Italian Catholic priest held in preventive detention in Djibouti since Djibouti in detention preventive in held priest Catholic Italian an Pretis, De Sandro Father The Movement for Democratic Renewal and Development ( Development and Renewal Democratic for Movement The Jean-Paul Noël-Abdi Jean-Paul Report of the Working Group on the Universal Periodic Review - Djibouti, 6 . Mr. Noël-Abdi was then taken to the northern northern the to taken then was Mr..Noël-Abdi service de recherche et de documentation de recherche service t - MRD) opposition party was indeed still banned by a simple simple a by banned still indeed was party opposition MRD) - t 5 . 4 . , President of LDDH, continued continued LDDH, of President , Mouvement pour le renouveau renouveau le pour Mouvement l a u n n a – SRB) of

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2009 and is therefore free to travel. He is nevertheless, at his own request, still waiting for a ruling for dismissal of the case due to the absence of any complaint filed during questioning in the Examining Magistrate’s office. In addition, the proceedings opened against Mr. Jean-Paul Noël-Abdi

in 2007 by the7 Djibouti armed forces were marred by irregularities once again this year . The trial was postponed sine die by the Supreme Court on November 29, 2008. A new date for the hearing was set for April 14, 2009 then postponed to April 19, 2009, without respecting the period allowed for Mr. Noël-Abdi to prepare his defence. Furthermore, no response was received to three letters sent on November 5 and 12 and April 14, 2009 by Mr. Tubiana, the French lawyer assisting in the defence of Mr. Noël-Abdi, in order to plead before the court on behalf of his client, although other foreign and Djibouti lawyers have been able to plead before the Supreme

Court in other cases. A hearing 8was finally set on October 17, 2009 then postponed to January 17, 2010 . Apart from the April 2009 postponement, all the other postponements by the Supreme Court were decided on without any prior ruling on postponement. Continuing obstacles to trade union freedom In 2009, several trades unions were again prevented from carrying out their work and filed numerous complaints with the International Labour Organisation (ILO) during its 98th Conference, held in Geneva

(Switzerland)9 from June 2 to 19, 2009, relating to obstacles to trade union activities and to a disagreement regarding workers’ representation at the conference. Each year, this event indeed crystallises attacks on trade union freedom in Djibouti, with the unsatisfactory procedure for the appointment of workers’ representatives to the delegation of Djibouti. On May 29, 2009, the Djiboutian Labour Union (Union djiboutienne du travail – UDT) and the General Union of Djiboutian Workers (Union générale des travailleurs djiboutiens – UGTD) submitted a complaint to the Credentials Committee for the 98th ILO Conference for violation of paragraphs 5, 8 and 9 of Article 3 of the ILO Constitution regulating the nomination of workers’ delegates. Indeed, in 2009, as in previous years, the Government sent representatives of phantom organisations under the control of the

7 / This trial was initiated in 2007 following the publication by the President of LDDH of a briefing note on the discovery of a mass grave in the village of Day, which included the bodies of seven civilians who were killed by Government forces in 1994. 8 / The hearing on January 17, 2010 was then postponed to January 31, 2010 then postponed again sine die. The reason given was that the court was being transferred to another location. 9 / Proceedings against Djibouti have been ongoing for the last ten years, started by several trade unions including the Djiboutian Labour Union (UDT), the General Union of Djiboutian Workers (UGTD), the Secondary Education Teachers’ Union (Union des professeurs du secondaire) and the Primary Education 46 Teachers’ Union (SEP) following the unfair dismissal of union members. ers banned Mr. banned ers de l’activité syndicale , November 8,2009. 14 13 12 2009, June 8,2009. 98 la de pouvoirs des vérification Commissionde 11 Report oftheCredentials Committee , 2009, especially paragraph 55. Conference, Labour International of the workers’ delegation, it nonetheless did not exclude taking this course of action in the future. See 10 also UDT the congress, its of organisation the to relating problems the to complaint, In this correspondence”. in addition with interference “arbitrary ILO and activity” union of the rights”, “prohibition organisation of with for “obstruction complaint new a filed UDT the 2009, 29, December On for activity” ILO union of the “prohibition and with rights” organisation of complaint a “obstruction filed UDT the 2009, 8, November On correctly”. in register to Code union’s failure “the to Labour due 2006, the January of since 215 force Article under headquarters UDT entering banned now confederations were union two the by organised seminars that and informed conferences were all and day same the on Interior the of Ministry the went to officials UDT The required. was Interior the of permission Ministry written the from that and office President’s the of order by cancelled automatically been 15,had 2009, and 14 October for ordinary scheduled congress, fourth union’s the for booking room conference the that UDT informed Hotel Sheraton Djibouti the of management day, them the same the against brought charge no with day same the released being questioning, before for premises brigade criminal to the taken and arrested ( Union Teachers’ Mr. ( Union Ali Mohamed Mr. Board, Executive UDT the of members Two the participants. dispersed brutally and proceedings seminar the training interrupted seminar, a holding was UDT where Palace People’s the entered order of not workers’ representatives official the of members the were therefore and of movement union to the belong not did delegation, who names the learned had they after plaint since continued has delegation 1997 Djiboutian the of composition the ing concern Conference. dispute The Labour International the to authorities /

/ / / /

See UDT/UGDTSee Inter-Union Committee,

Idem. See UDT, See LDDH. Although the International Labour Conference did not recommend invalidation of the credentials the of invalidationrecommendConference not Labour did International the Although Abdourachid Mohamed Arreh Mohamed Abdourachid 10 . On June 8, 2009, the two confederations filed an additional com additional an filed confederations two 8,the 2009, June . On Syndicat des travailleurs d’électricité de Djibouti de d’électricité travailleurs des Syndicat plainte déposée auprès de l’OIT pour obstruction aux droits d’organisations et interdiction , Secretary General of the Djibouti Electricity Workers’ Electricity Djibouti the of General Secretary , Adan Mohamed Abdou Mohamed Adan 13 Syndicat des enseignants du primaire du enseignants des Syndicat . Moreover, on October 14, 2009, two police offic police two 2009, 14, October on Moreover, . Provisional record 4C, 98th session, Reports on Credentials,Second on session,Reports 98th Provisional4C, record 11 . Furthermore, 13, on October 2009, the forces plainte additionnelle à celle du 29 mai 2009 destinée à la à destinée 2009 mai 29 celledu à additionnelleplainte e , a member of the Primary Education Education , Primary the of a member conférence de l’OIT à Genève du 2 juin au 19 juin juin 19 au juin 2 du Genève à l’OIT de conférence , Secretary of the UDT, from UDT,from the of Secretary , – STED), and and STED), – – SEP), were were SEP), – l a u n n a

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denounced the illegal appropriation during the 98th International Labour Conference of a letter addressed to the UDT from a shared pigeonhole by

a member of the delegation of Djibouti and the 15confiscation of the key to a letter box in which the UDT receives its mail . Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Mr. Jean-Paul Noël Abdi Judicial harassment Closed Letter to the March 12, 2009 authorities Arrest / Conditional Urgent Appeal DJI April 6, 2009 release / Judicial 001/0409/OBS 058 harassment Open Letter to the April 17, 2009 authorities

48 15 / Idem. December 4, 2009 that its 28 November issue would be the last one until until one last the be would issue November 28 its that 4, 2009 December 3 Expression andAssociation inEthiopia,March 24, 2010. 2 who were imprisoned between 2005 and2007. 1 Anti-TerrorismLaw the under staff its and newspaper the prosecute to decision intention Government’s the this of because take to forced was it said management The notice. further weekly language Amharic- the addition, In death. even or imprisonment life to years up 15 to sentences face could organisers its as well as Protesters protest. the of course the in damaged is property private example, if, for activity terrorist as qualified be could policies Government law.the against protest A street by provided definition the within fall groups, could rights human pendent inde by criticism as current well as the opposition with political including dissent administration, legitimate and definition peaceful and broad a act for terrorist the provides of It trial. fair a to right the and assembly of freedom expression, of freedom of restrictions severe for allows which rebellion the active. and remained artificial remained federalism ethnic regions, Ogaden and Oromia the like areas rebellion-torn power. In over and groups resources natural among competition increased rather but conflicts, curb not candidates as running them stop to jailed were members their of 450 nearly that 2009 November elections to the before sought front common a opposition build the while Thus, defenders. rights human journal and opponents, ists political particularly (EPRDF), Front Democratic Revolutionary People’s Ethiopian Zenawi’s Mr. Meles against opposition of forms all muzzle to 2009 in sought civil Government of society,Ethiopian the repression severe a by marred were that elections 2005 contested context Political annual observatory E

/ / /

In June 2008, the Unity for Democracy and Justice Party was created by some of the opposition leaders

On July 7, 2009, the Parliament adopted a drastic Anti-TerrorismLaw, drastic a adopted Parliament 7,the 2009, July On In the perspective of the May 2010 general elections, the first since the the since first the elections, general 2010 May the of perspective the In See Reporters WithoutBorders. See Human Rights Watch Report, THIO

report

for 2010

the

Addis Neger Addis protection P 2 . Additionally, the EPRDF’s ethnic federalism did did federalism ethnic EPRDF’s the .Additionally, IA

of One Hundred Ways of Putting Pressure, Violations of Freedom of

human , known for being outspoken, announced on on announced outspoken, being for ,known

rights 3 .

defenders 1 , opposition parties alleged in in alleged parties opposition ,

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In 2009, the Ethiopian authorities also used the4 Freedom of the Mass5 Media and Access to Information Proclamation to silence journalists and, in January 2009, a Government agency, the Ethiopian Broadcasting Authority, was given exclusive authority over media regulation. The authority immediately issued directives not included in the Media Law stripping any media executive with more than two percent ownership share of any editorial authority in order to “avoid homogeneity of news and viewpoints”. In April 2009, the agency denied licenses to three journalists under the pretext that they had been convicted of “treason, outrages against the Constitution and incitement to armed conspiracy” in 2007 after covering

the crackdown consecutive to the 2005 elections. In June 2009, it ordered6 private Sheger Radio to stop carrying programs for Voice of America . Adoption of legislative reforms restricting the environment for human rights activities and successive closure of several NGOs In the run-up to the general elections, the Ethiopian administration completed the existing restrictive legal framework with the adoption by the Parliament, on January 6, 2009, of the “Charities and Societies Proclamation Law” No. 621/2009 (CSO Law), which creates a very restrictive environment for human rights defenders and sharply restricts the activities of most civil society organisations, including foreign and domestic human rights NGOs. The text extends the definition of “foreign NGO” to all NGOs in Ethiopia receiving more than 10% of foreign funding, and bans such NGOs from carrying out a high number of human rights related activities, including women and children’s rights, disabled persons, ethnic issues, conflict settlement and resolution, governance, and democratisa- tion. In a country where 95% of Ethiopian NGOs currently receive more than 10% of foreign funding and where local funding sources are virtually non-existent, this new legislation deeply undermines the civil society’s capacities of action. The new piece of legislation also provides for the creation of the Government-appointed “Charities and Societies Agency” (CSA) – with wide-ranging discretionary powers related to the registration, functioning and dissolution of NGOs. Before the new law, the Ministry of Justice decided on registration. In case of refusal, the applicant organisation had the possibility to appeal this decision before a court. With the new legislation, any application for the registration of a “foreign NGO” is

4 / The law was adopted by Parliament on July 1, 2008. It stiffened existing penalties for libel and granted Government prosecutors the exclusive discretion to summarily block any publication for national security, but banned pre-trial detentions of journalists, at least in principle. 5 / For instance, four editors of Amharic-language weeklies were detained from three to 16 days on criminal charges in 2009. 50 6 / See Committee to Protect Journalists. have to obtain a specific license from the Ethiopian National Board, which was not granted to all of them. in the electoral process. Indeed, those willing to undertake election monitoring or voter education now 9 Association (EWLA)andtheEthiopianBarAssociation (EBA).Thethree were finally re-registered. 8 Women’s Self-Help Center EthiopiaAssociation. Kembatta Lefitih”and Setoch “Zema le-Idget”, “Zega “Hundee”(Roots), Education, Rights Human & Civic ResearchforCentre the (EFPD), Disabilities Personswith of Federation Ethiopian the (CAPDE), PromotionAssociation (EHRCEPA), Centrethe for Advancementthe Peaceof Democracy& Ethiopia in Civic& RightEducation Human Ethiopian the (SAHRE), AdvancementEducation Rightsthe Human of for Society the (OSJE), Ethiopia in Justice Social for Organisation the (APAP), People for Association 7 18, December on end consequence, a As frozen. remained the account the at 2009 of account, bank its unfreeze to Minister Prime the to appealed EWLA Although powers. such no with CSA the provides law CSO the the CSO Law, of the law was legitimate, despite application retroactive this CSA 2010. organisation” as an EHRCOthat “Ethiopian under staff informed February officials until effect take to due not was law the and grants pre-existing from were funds the although 8,2009 December on Agency the by frozen were (EWLA) Association WomenLawyers Ethiopian the EHRCO of and accounts bank delays, the and requirements these of spite of Law CSO violation the in was this although education, voter elec of of provision and monitoring tions the removing as such statute its of provisions some EHRCO amend to forced EHRCO also fulfilled. CSA The which States, membership- in five distributed regional have their membership societies based charitable that requires only Law CSO five the in although branches States have regional should it that claimed CSA the because name change its to forced was (EHRCO) Council Rights Human Ethiopian the dissolution face to risk the running organisations, rights” funds foreign ing receiv continue to as so activities rights human their abandon to obliged imprisonment. or fines to subjected be shall expenses budget administrative to their of 30% than more allocate who societies and charities all of members executive that law, stating the of breaches administrative minor for penalties criminal disproportionate imposes Law organisations. CSO Moreover,the such in sitting members executive remove and power appoint the to also has agency The registration. to applied these as same be the will appeal of possibilities The NGOs”. regard “foreign of with dissolution the competence to exclusive also has agency The decision. final a deemed is body this by refusal second agency. A this of board the before appealed be only can registration CSA,of the to refusal any and submitted

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Since the adoption of this draconian law, been have draconian NGOs this of local of adoption most the Since Among them the AfricanAmong Initiative for a Democratic World Order (AIDWO), the Action Professionals The Electoral Law adopted in 2007 was also used to restrict the activities of human rights organisations

Among them the Ethiopian Human Rights Council (EHRCO), the Ethiopian Women Lawyers’ Lawyers’ Women Ethiopian the (EHRCO), Council Rights Human Ethiopian the them Among 9 . On December 11, EHRCO was finally re-registered. In In re-registered. finally was EHRCO 11, December On . 7 . About eleven have chosen to re-register as “human “human as re-register to chosen have eleven About . 8 . Additionally, Additionally, . l a u n n a

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EHRCO had to close nine of its 12 field offices, and had to lay off 44 of its staff, several of whom also had to flee the country.

Moreover, in July 2009, the activities of 42 NGOs were reportedly suspended by the Ethiopian authorities, allegedly because their activities over- took their mandate and represented a threat to peace and development in southern Ethiopia. Most of the NGOs were engaged in the preservation of culture and environment, which was deemed as a threat to the ruling party as their action was considered a potential threat to State monopoly of land ownership. Regional authorities also ordered the bank accounts of these NGOs to be frozen and vowed to continue taking similar actions on others. However, Ethiopia’s Southern Regional State Justice Office

Chief, Mr. Yilma10 Meresa, refused to disclose the name of the suspended organisations . Obstacles to human rights defenders’ access to information in zones of rebellion and arbitrary arrests Over the past years, the Government has remained suspicious of anyone

who tried to collect information on human rights violations11 in zones of rebellion, in particular in the Oromia and Somali regions , and arbitrary arrests continued to be a tool of repression used by the authorities in 2009. The access to the armed conflicts zones like Ogaden also remained tightly monitored and forbidden to human rights defenders and humanitarian organisations, which have been compelled to leave the area over the past years. For example, Mr. Paulos Abebe, Head of EHRCO Arbaminch branch office (South region), was arrested in Derashe Special District and detained in Gidole police station without food, water and clothes from January 14 to 17, 2009, while conducting an investigation in Derashe, Southern Nation Nationalities of Peoples Region. He was arrested by Wereda officials on the ground that he had failed to report his visit to Derashe to the local authorities, although he had a letter explaining his mission and could not deliver it because the officials in charge were not available. On January 17, he was released on bail and the investigation was ongoing at the end of 2009. Further, by mid-2009, Mr. Abebe received death threats while investigating the acts of torture inflicted on prisoners in February 2009 in Arbaminch prison and was constantly followed, prevented from going to the prison and meeting victims of human rights violations. He subsequently fled to Addis Ababa but was pursued by plain

10 / See World Alliance for Citizen Participation (CIVICUS) Press Release, July 24, 2009. 11 / For instance, Mr. Abdi Abate, an EHRCO member, was arrested in July 2007 in Nektme and charged with “supporting the Oromo Liberation Front (OLF)”. On May 4, 2009, the Federal High Court eventually 52 dismissed the charges against him, and ordered his release. human rights violations against the Oromos. Mr. Ali was charged in con in Mr.Oromos.charged the was Ali against violations rights human alleging story 2004 a with connection in charged Mr.was years.Wedajo several back dating topics sensitive of coverage with connection in 2008, of Proclamation Information to Access and Media Mass the of Freedom con Law, the by Press 1992 amended the and and Code Criminal prison the under of victed year one to sentenced were press, the on crackdown of newspaper weekly the viola rights Mr.human 2009, 24, on August on Thus,tions. reporting journalists critical dormant, silence to seemingly way a them as of some cases, criminal years-old reviving of violations rights human on reporting journalists silence to cases criminal years-old of Use Committee. Development and Peace the of (OSJE), Mr.and Ethiopia in Justice Social Neger Addis Mulugeta Yoseph Messrs. for activities, as case the was rights human their fear against of reprisals for 2009, in country the flee to than option rights other not human had many defenders repression, Government of and fear of climate this of Because organisations. rights by human of websites the to information access control blocking to sought routinely authorities were the and email and surveillance under phone by communications defenders’ human rights Furthermore, EHRCO. and EWLA cited which report, rights human annual Department’s State US against of statements Affairs Foreign Ministry the following prosecution fearing country, the fled EWLA, Rights Human Ms. instance, For2009. and February Watchin Department State US the by reports rights human annual the of issuance the following media, especially State the in officials dation and threat of and detention made prosecution by senior Government intimi continuous the of because country the in prevailing fear of climate surveillance of and fear of climate prevailing a by hampered activities rights Human Mr. home his fled he 4, after on October 2009. town.safety, his for Fearing country the flee to had he imprisoned were information of and 26, sources August two on him his abduct to tried also who agents security clothes well as Ms. as well in 2009 in relation with their human rights activities. rights human their with relation in 2009 in The Ethiopian Government resumed in 2009 its long-standing practice practice long-standing its 2009 in resumed Government Ethiopian The In 2009, the major faced obstacle by human rights defenders remained the Seife Nebelbal Seife Muguleta Fentaw Muguleta Elsabet Gizaw Elsabet , Manyawkal Mekonnen Manyawkal , a weekly that was banned amid the 2005 Government Government 2005 the amid banned was that weekly a , , EHRCO Secretary General, Abiy Mesfin, Editor of of Editor Mesfin, Abiy General, Secretary EHRCO , , Head of EHRCO in Dessie (Ahmara region), as as region), (Ahmara Dessie in EHRCO of ,Head Salafiyya , a member of EHRCO, also faced hindrances hindrances EHRCO,faced of also ,member a , and Mr. and , Ibrahim Mohamed Ali Mohamed Ibrahim , Director of the Organisation for for Organisation the of Director , Kassahun Asrat Wedajo Asrat Madhere Paulos Madhere , Programme Officer , Officer Programme , former Editor Editor former , l a u n n a , Director of of ,Director , Editor of of Editor ,

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nection with a piece written by a guest columnist and published in 2007, criticising the Ministry of Education’s proposal to restrict headscarves for female Muslim students at public education institutions. Mr. Ali returned to court in September 2009 to face more charges over coverage of religious issues. Both announced that they intended to appeal the verdict and, as of the end of 2009, remained detained at Kality prison, outside Addis Ababa. At the end of 2009, the appeal was still pending. Likewise, on June 4, 2009, Mr. Abebe Worke, EHRCO Chairperson and Voice of America correspondent in Addis Ababa, and Mr. Ababa Meleskachew Amaha, Reporter for Voice of America, were arrested for alleged “illegal use of radio equipments” and “trying to sell equipment illegally”. The equipment in question was imported by Addis Broadcasting Company (ABC) with a grant from the Government of Norway a few years ago, hoping that it would secure the licence to operate a radio station. In May 2009, the Government shut down ABC and accused Messrs. Worke and Meleskachew, ABC share- holders, of illegally owning broadcasting equipment. Messrs. Worke and Meleskachew were taken to court on June 5, 2009 and the judge remanded them in custody until June 15, granting a request of police for more time to conduct investigation. They were held at the premises of the customs authority in Addis Ababa. Messrs. Worke and Meleskachew were released

on bail on June 12, 2009 after the Federal12 First Instance Court ruled on the bail application on June 11, 2009 . On July 15, Mr. Meleskachew was acquitted and Mr. Worke was convicted. Mr. Worke filed an appeal, which was pending at the end of 2009. Urgent Intervention issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Obstacles to freedom Press Release January 9, 2009 of association

54 12 / They respectively paid a bail of 15,000 birr and 30,000 birr (about 850 euros). July 7, 2010. Report, Minister denied that “Chief” Ebrima Manneh was in State custody. See Committee to Protect Journalists Justice and Assembly,AttorneyGeneral the National the toaddress 2009 6, April an During Gambia. the in immigrants Ghanaian of killing 2005 the on reporting his of because or JammehPresident of health or legal status. He was reportedly arrested because he had tried to re-publish a for his arrest never came to light and the Government has always refused to disclose his whereabouts, 3 2 1 daily privately-owned the with journalist a Manneh, Mr.2009,Ebrima of end to him power,brought that Mr. journalists coup his against threats reiterated Jammeh the of anniversary 15th the of occasion the on regime.22, the of July On Leigh, opponent Kanifing,an of Baba Iman by the made remarks on reported which media any against action legal diate media. In addition, private on May 22, imme the 2009,threatened Jammeh President in Government the of criticism frequent was there and press, in the independent appeared ation. regularly views Nonetheless, opposition went into hiding from also reportedly fear of retali journalists violated Government were rights human their when silent remained viduals protests ceased,public of the and media indi predominated self-censorship in 2009 and into translated a culture of threat and silence. As a consequence, were against journalists and again commonplace harassment police brutality arrests,threats,judicial Arbitrary punished. severely was incident least the which in climate a in survive to scrutiny, attempted governmental close to continued.ment subject press, newspapers The Gambian to private limited detention. of conditions ill- poor and as well as torture treatments of acts abuses, to subjected were prisoners over and year, defenders the rights human or journalists opponents, political arrest to Human continued on Government the particular,Commission In (ACHPR). Peoples’Rights African and the of host the being obli despite international gations and freedoms fundamental disregarded increasingly context Political annual observatory TH

/ / /

Furthermore, in 2009, the deterioration of the country’s media environ media country’s the of deterioration 2009, the in Furthermore, Since the attempted coup d’état in 2006, the Gambian Government has has Government Gambian 2006, d’état in the coup attempted the Since See AmnestyFear International Report, rules: Gambia,November 2008. 11, Mr. Manneh was arrested by members of the National Intelligence Agency on July 7, 2006. The reason See Reporters WithoutBorders(RSF)Press Release, July 29, 2009. The Point The Attacks on the Press2009 the on Attacks

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In this context, it was extremely difficult for human rights defenders to operate, in particular as denouncing any human rights violation remained to be seen as a criticism to the regime. Death threats by President Jammeh against human rights defenders On September 21, 2009, appearing on State-owned Gambia Radio and Television Services (GRTS), President Jammeh publicly threatened to kill human rights defenders, together with anyone who sought to “destabilise the country”, adding that “We are not going to condone people posing as human rights defenders to the detriment of the country. If you are affiliated with any human rights group, be rest assured that your security, and personal safety would not be guaranteed by my Government. We are ready to kill saboteurs”. In his address, President Jammeh also claimed that he was aware of human rights defenders being used to tarnish the image of his Government and added that ”troublemakers [should] keep away from the country”. He warned that cooperating with human rights groups was no guarantee of protection”. As a consequence, on October 9, the United Nations Special Rapporteur on the Situation of Human Rights Defenders, the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and the ACHPR Special Rapporteur on the Situation of Human Rights Defenders in Africa issued a joint statement to express their concern for human rights defenders. Moreover, the ACHPR, meeting at its extraordinary session in Dakar from October 5 – 11, called on the African Union (AU) to intervene and ensure that President Jammeh withdrew threats made in his statement, which he refused. On October 11, the ACHPR adopted a resolution which called on the AU to consider relocating the Secretariat of the Commission from Banjul, due to the escalation of human rights violations such as hin- drance to freedom of expression, arbitrary arrests and detentions, murder and judicial harassment of journalists and human rights defenders. The ACHPR also asked the AU to provide extra-budgetary resources to the African Commission to ensure that its 46th session would be held in November in Addis Ababa, Ethiopia, or any other member State of the AU. However, the request was disregarded by the AU and the session was held from November 11 to 25 in Banjul headquarters, in which the FIDH and OMCT refused to participate, urging the President to reconsider its statements. Though no incident marred the session, the President’s statements strengthened the feeling of fear prevailing in the country.

56 respectively Vice-President, Secretary General and Treasurer of the the of Treasurer and General Secretary Vice-President, respectively restrictive laws of the press that were secretly signed in December 2004 by the President of the Republic.particularlytwo of adoption the criticising paper his in articlestwo published death, his to prior days particularfor commitmenthis tofreedom the pressthe of notably,had torights,and and human fewa Borders was shot dead on December 16, 2004, while driving his car in Banjul. Mr. Hydara was known in 4 seven the 2009, 3, July On euros). 1,350 (about dalasis on 50,000 of released bail was a Mr.Kanjia 24, June On hearing. the of pictures taking for allegedly journalists, six the of court in appearance the covering while Mr.22, June on dalasis. addition,In 200,000 of on a bail released were all and Police Court Kanifing to brought were Saidykhan Abubacarr and Sarr Sam Sawaneh, On 22,June 2009, Messrs. Emil Touray, Pa Fall,Modou Pap Saine, Ebrima 5, euros). (about 400 dalasis 200,000 of bail a on released child, was young a of mother Jabbi-Dibba, TwoMile Ms. Banjul’s Sarata in jail. Only oned impris then were Saidykhan Abubacarr and Sarr Sam Sawaneh, Ebrima with charged “seditious publication”. Messrs. Emil Touray,subsequently were and Pa Fall,Modou Pap and Court Saine Police Kanifing at appeared journalists seven the 18, June On members. GPU also are Saine Pap and Point Sawaneh Foroyaa on Mr. clothes namely plain 15, in officers June NIA by arrested also were journalists other country.Four the in freedom media of state the deplored Gambian and the authorities, by journalists of intimidation and harassment of instances numerous denounced also statement GPU murder.The Mr. Hydara’s in television 8 on on June Government made had he comments to relation in Yahya Jammeh President Gambian criticised arrest their prompted that arrested. statement GPU The quently Point The Mr. of murder 2004 the responsibility in Government’s the accept to Jammeh Yahya President on state the to in GPU the by relation published in ment Banjul in (NIA) Agency the by Intelligence questioning National for summoned were (GPU), Union Press Gambian 15, June on instance, For violations. Ms. rights human when denounced particular in reprisals, they of acts to subjected and arrested occasions violations rights human denounce who journalists against reprisals of acts Ongoing

In 2009, journalists who reported on sensitive issues were on various various on were issues sensitive on reported who journalists 2009, In Mr. Deyda Hydara, also a correspondent in Gambia for Sarata Jabbi-Dibba Sarata and , Mr., , News Editor at at Editor News , Reuters , which remains unpunished as of today of as unpunished remains which , Abubacarr Saidykhan Abubacarr Augustine Kanjia Augustine correspondent in correspondent The Gambia. Messrs. Sawaneh Ebrima Sam Sarr Sam , Mr. , The Point The Deyda Hydara Deyda Emil Touray Touray Emil The Point The , Editor of the opposition newspaper newspaper opposition the of Editor , , journalist of of journalist , GRTS , journalist for journalist , , and Mr. and , Agence France-Presse and and , denying any State implication implication , State any denying , Editor and co-Founder of of co-Founder and Editor , and Mr. and Foroyaa Pap Saine Pap The Point The Foroyaa 4 . They were subse were .They on June 12 calling calling 12 June on Pa Modou Faal Modou Pa and Reporters Without , Editor of of Editor , l a u n n a , Mr., , was arrested arrested was ,

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journalists were summoned to appear before Banjul High Court, charged with the initial charges of sedition and three other counts of defamation. The Court then revoked their initial bail conditions, and sent them back to Mile Two State central prison. Hours later, Ms. Sarata Jabbi-Dibba was released with a bail of 400,000 dalasis (about 10,600 euros). On July 6, Messrs. Emil Touray, Pa Modou Fall, Pap Saine and Ebrima Sawaneh, Sam Sarr and Abubacarr Saidykhan were released on a bail of 400,000 dalasis. On July 28, Mr. Saidykhan was acquitted and discharged over “wrong” charges by the High Court. On August 6, Ms. Sarata Jabbi Dibba and Messrs. Emil Touray, Pa Modou Faal, Pap Saine, Ebrima Sawaneh and Sam Sarr were convicted and sentenced by Banjul High Court to two years’ imprisonment and to a 250,000 dalasis (about 6,625 euros) fine each upon charges of “sedition” and “defamation”. All were transferred to serve their sentence in Mile Two State central prison. On September 3, the six journalists were released following presidential pardon. Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Ms. Sarata Jabbi-Dibba, Arbitrary detention / Urgent Appeal GMB June 24, 2009 Messrs. Emil Touray, Release on bail / Judicial 001/0609/OBS 088 Pa Modou Faal, Pap Saine, harassment Abubacarr Saidykhan, Ebrima Sawaneh, Sam Sarr and Deyda Hydara Ms. Sarata Jabbi-Dibba, Sentencing / Arbitrary Urgent Appeal GMB August 10, 2009 Messrs. Emil Touray, Pa detention 001/0609/OBS 088.1 Modou Faal, Pap Saine, Ebrima Sawaneh and Sam Sarr Release Urgent Appeal GMB September 11, 001/0609/OBS 088.2 2009 Human rights defenders Death threats Joint Press Release September 25, 2009

58 2 1 individual unidentified an 2009, 1, April on instance, For corruption. acts of or them by committed violations rights human denounced military, forces armed the of abuses the denouncing defenders against Threats development socio-economic achieve and reconciliation impunity,national combat to foster President new the of commitment the as inaugurated was and votes welcomed September, community on 8,the President 2009. international of The percent 63 with election the won ( VerdeCape and Guinea of Independence the for Party African ruling the 28,26, June on July 2009.a 2009,run-off After Mr. of Sanhá Bacai Malam authorities military the of collaboration of lack the and system judicial the of independence of lack the of mainly because killings, the into inquiry of commission national a convened had Government the March in though assassinations, the those into in investigation progress no been had there 2009, of end the of Member As and Parliament. of Minister former a Proença, Mr.Helder and Dabó Baciro Mr. candidate presidential killed men armed when resurged high-profile personalities against violence political election, presidential the of ahead country the in interests of trafficking presence drug ever-increasing the and ranks, military the in instability and divisions ethnic rivalries, old from stemming tension political to related to be appeared assassinations The elections. parliamentary 2008 November the since attempts assassination several escaped had who figures rival cal politi powerful very Tagmé Batista two Na Waié. removed killings These chief, army’s General the killed attack a bomb after day the soldiers, egade context Political annual observatory GU 3 defenders to work, in particular when they criticised the influence of the the of influence the criticised they when particular in work, to defenders rights human for difficult it make to continued life public of aspects all in / Partido Africano da Independência da Guiné e Cabo Verde Cabo e Guiné da Independência da Africano Partido / / In 2009, the context of political tension and the presence of the military military the of presence the and tension political of 2009, In context the on peacefully place took election tensions, presidential the these Despite ren by shot was Vieira Bernardo João President 2009, 2, March On See European Parliament Resolution P6_TA-PROV(2009)0143 onGuinea-Bissau, March 2009. 12, Idem. See Guinean League for Human Rights (LGDH).

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dressed in civilian clothes and armed with a gun visited the Guinean League for Human Rights (Liga Guineense dos Direitos Humanos – LGDH) offices and asked for Mr. Luis Vaz Martins, lawyer and President of the organisation with a threatening tone. Mr. Vaz Martins was out of the office at that moment. The man reportedly asked for his residential address and stated that he wanted to kill him because the organisation was “too talkative”. No action was taken during the year against those responsible for those threats. This visit came a few hours after the issuance of a press release denouncing the serious human rights violations committed by elements of the Bissau-Guinean military the weeks before. The press release referred in particular to the attack sustained by Dr. Francisco José Fadul, leader of the opposition Party for Democracy, Development and Citizenship (Partido para a Democracia Desenvolvimento e Cidadania – PADEC) and President of the Court of Public Auditors, on April 1, 2009, when he was beaten at his home by four military officials who hit him with the butts of their firearms, after he denounced the growing influence of the military in public life and called on the Government to hold the military accountable for corruption and other crimes during a press conference on March 30, 2009. As of the end of 2009, no action had been taken against those responsible for Mr. Francisco José Fadul’s torture and abuses. LGDH had also denounced the torture suffered from March 23 to 26, 2009 by Mr. Pedro Infanda, the lawyer of the former chief of the armed forces José Américo Bubo Na Tchute, currently in exile, after he had expressed, at a press conference held on March 23, 2009, his client’s opinion that the newly appointed Chief of Staff of the Armed Forces was not competent for the post. Urgent Intervention issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Messrs. Luis Vaz Martins, Threats Press Release April 2, 2009 Bubacar Ture and Dr. Francisco José Fadul / Guinean League for Human Rights (LGDH)

60 the crimes and human rights violations committed during the post-elec the during committed violations rights human and crimes the between June 2005 1, (date ofentry into force oftheRome Statute for Kenya) andNovember 26,2009. 4 3 investigate theviolations. 2 strongholds. opposition in mainly protesters, against police the by force of excessiveuse and disproportionate a was there which during flaws, the protesting mobs of uprisings disorganised spontaneous, and violence, based gender-militia, by violence organised included violations rights human Serious people. 300,000 over violence throughout Kenya until the end of February 2008, which claimed over 1,000 lives and displaced 1 pending still opening investigation an the of upon call to II Chamber Trial Pre to ICC situation the the of assigned Presidency the Statute, Rome the to On pursuant investigation. 6, an November open to 15(3) authorisation the for Article Statute under Rome request the a of submit and involved announced get (ICC) would Court ICC the Criminal International the of 5,Prosecutor November the on result, a As tribunal. such of not would establishment they the that support specified further and time-frame no provided perpetrators, of they prosecution and investigation ensure to reforms judicial and prosecution police, accelerated out carry would they that 2009 July in announced authorities Kenyan the Although defeated. was the Government by tribunal the institute to motion amendment constitutional a after 2009,13, February and 29 January on twice, it rejected Parliamentarians 30, 2009. by January However, established been have should violence tions Commission Waki the of recommendations the 17,on Odinga and December Prime Minister 2008, and with in accordance Kibaki President by decided agreement political the Following 2008. Act Reconciliation and Accord National the under out set reforms the ment context Political annual observatory K that followed the December 2007 general elections general 2007 December the followed that Chamber II authorised the Prosecutor to investigate crimes against humanity committed in Kenya in committed humanity against crimes investigate to Prosecutor the authorised II Chamber

/ / / / /

The December 2007 Presidential elections were marred by serious irregularities and set off a wave of In 2009, the country had still not recovered from the political violence violence political the from recovered not still had country the 2009, In

See ICC Press Release ICC-CPI-20091106-PR473, November 6,2009.

Following the election violence, a Commission of Inquiry led by Justice Philip Waki was set up to up set Wakiwas Justice Philip by led Inquiry Commission of a violence, election the Following See ICC Press Release ICC-CPI-20100219-PR497, February 19, 2010. On March 31, 2010, Pre-Trial 2010, 31, March On 2010. ICC-CPI-20100219-PR497,19, Release Press February ICC See ENY

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adopt measures to end impunity5 and fight corruption and to ensure full respect for human rights .

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, who conducted a fact-finding mission in the country from 16 to 25 February, reported “the existence of systematic, widespread, and carefully planned extrajudicial executions undertaken on a regular basis by the Kenyan police”, and a complete lack of accountability that prevails in an overwhelming majority of cases. The report concluded that there were no independent police internal affairs unit to investigate police killings and reliably assess the legality of the use of force, and also denounced the existence of opaque appointments, and “extraordinary levels” of corruption made the judiciary unable to address such issues. The Rapporteur also denounced

a systematic attempt to silence criticism voiced6 against the security forces, in particular in the Mount Elgon district , where from 2006 to 2008, both the Sabaot Land Defence Forces (SLDF) and the Government’s security

forces engaged in widespread brutality,7 including torture and unlawful killings, against the civil population . Detailed reports from a broad range of sources documenting these abuses were not seriously investigated by the police or the military.

Moreover, on January 2, 2009, President Mwai Kibaki signed into law a controversial media law that imposes new restrictions on the press despite mobilisation at local and international level. Indeed, the Kenya Communications (Amendment) Act (2009) provides for heavy fines and prison sentences for press offences, gives the information and internal security ministries the authority over the issuing of broadcast licences and the production and content of news programmes, as well as search and surveillance powers. Following a concerted campaign by civil society, on May 9, 2009, the Kenyan Government published amendments to the Communications Act, which will delete a controversial clause that allows the Government to raid broadcasting houses and destroy or confiscate equipment in the name of “public safety”. The amendments will also get

5 / See EU Declaration by the Presidency on behalf of the European Union on Kenya, October 1, 2009. 6 / See Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions Philip Alston, Addendum - Mission to Kenya, UN Document A/HRC/11/2/Add.6, May 26, 2009. 7 / SLDF is a guerrilla militia operating in the Mount Elgon district of Kenya (western province of Kenya) since 2005. A large scale military assault in March 2008 has resulted in allegations of serious human rights abuses by the Kenyan army, including murder, torture, rape, and arbitrary detention. According to the Kenyan NGO Independent Medico-Legal Unit (IMLU), the military operation reportedly resulted in mass arrests and subsequent prosecution of over 1,200 persons with most of the persons arrested 62 raising complaints of torture. 9 8 Mungiki suspected exterminate to mandate explicit the Nairobi with in Province Central operating and are that squads death police the of one for as driver acted a who Ikunyua, Kiriinya Mr.Bernard whistle-blower, police a of testimony the released publicly (KNCHR) Rights on Human Commission pro the of status the Mr. against ceedings Wangoe.regarding Moreover, National in 2009,Kenya the after obtained be could information further defenders two about asking twice respective their homes visited also clothes plain in officers Police whereabouts. fathers’her about her unidentified asked and daughter 12-year-old his released, approached men was Ojiayo Mr. day forces. same the security 16, the from September On harassment and threats to subjected were lies fami their as well as Ojiayo Messrs. release,Wangoe and their Following organisation” to an illegal 18. “belonging on on bail and released September Mr. WangoeKamau a before magistrate,Nairobi with was brought charged and charge without released was Ojiayo Mr.16,Owimba September On ill-treatment. to Mr. subjected and Wangoewas lawyer a to access denied reportedly were Ojiayo their Owimba and During Wangoe Kamau violence. Messrs. detention, post-election the in role his for criticised been widely had who Ali, Hussein Mr.Mohamed chief, police controversial of replacement the after weeks came abduction Their killings. and extrajudicial crimes economic serious for impunity end to campaigning been had they after officers police clothes plain by in Nairobi in leadership arrested were Kenya, accountable promotes and injustice social which fighting at Mwananchi”, aims La “Bunge movement grass-roots the of members Messrs. 2009, 15, 2009.in by For September instance, on reprisals of acts faced forces committed those violations rights human denounced who defenders rights forces police the by violations rights human denounced who defenders rights human against Reprisals amendments. the examined not still had Parliament the end 2009, of the At media. the and communications governing law the elaborate of more review and further a pending measures interim as Government the and media the between upon agreed were Information Minister.amendments the The by appointed be to members other six of and Ministry Information the in Secretary Permanent the include will which Council, Advisory Content Broadcast a new radio. and under fall now will task The on power to content control the TV Government granting of rid provisions / / In the context of total impunity of police and military forces, human human forces, military and police of impunity total of context the In An organised crimesect. An organised See Kenyan HumanRights Commission (KCHR). 9 members, and was killed in October 2008 after he testified on on testified he after 2008 October in killed was and members, Samson Owimba Ojiayo Owimba Samson and and 8 . As of the end of 2009, no no 2009, of end the of As . Godwin Kamau Wangoe Kamau Godwin l a u n n a

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how the10 police extra-judicially executed some 58 suspects whom they had arrested , the police issued a statement questioning the reason why the KNCHR had released the statement as well as KNCHR’s commitment to human rights, and intimating that KNCHR officers receive payments from the Mungiki. In the past, the KNCHR had already faced similar reaction from the police because of its investigations into alleged executions and disappearance of persons attributed to the police.

In particular, many of the human rights defenders who testified before the Special Rapporteur on extrajudicial, summary or arbitrary executions during his mission reported they were threatened and harassed by members of the security forces and other Government officials. Thus, two activists who had been particularly active in reporting on police death squads were murdered just two weeks after the mission ended. Mr. Oscar Kamau King’ara, lawyer and Chief Executive Officer of the Oscar Foundation Free Legal Aid Clinic Kenya (OFFLACK), and Mr. John Paul Oulu, OFFLACK Communications and Advocacy Officer, an organisation providing free legal services in Kenya, were murdered on March 5, 2009. The Oscar Foundation had carried out research on police brutality in urban areas of Kenya, as well as on corruption in the police force and in prisons. On February 18, it had presented its findings on ongoing extrajudicial killings in Kenya to the Ministry of Education for use in a parliamentary debate. The organisation had also provided information to the Special Rapporteur on extrajudicial, summary or arbitrary executions during his mission. Furthermore, the Oscar Foundation had presented a report on extrajudicial killings, entitled The Killing Fields, to the KNCHR and a report on organised gangs to the Kioni Committee of the Kenyan Parliament. Although an investigation was opened immediately into the murder of Messrs. King’ara and Oulu, the Government declined the assistance offered by the Federal Bureau of Investigation (FBI) and police Spokesperson Eric Kiraithe alleged that Mr. King’ara’s murder might have been the result of rivalries within the Mungiki sect. As of the end of 2009, the investigation was ongoing. Intimidation of human right defenders who denounced corruption Human rights defenders denouncing corruption also remained subjected to harassment in 2009. On January 15, 2009, Mr. George Nyongesa, a community organiser who works with Bunge la Mwananchi, was attacked in Nairobi by four men, three of whom had guns. He was severely beaten and his assailants took his laptop, camera, and other valuables before

64 10 / See KNCHR Press Release, February 24, 2009. 12 11 Special the to Subsequent officers. intelligence of presence nearby the to alerted was Rapporteur Special meetings, the mission. the in During ment Rapporteur, of the Special of schedule the as NGOs’as well details involve and programme the about information provide to them for repeat harassed also edly were organisations society Civil with. meet to going was he whom of witnesses list the from NGOs to obtain attempted unsuccessfully Officers Intelligence Elgon, Security to Mount visit National Rapporteur’s would no aid longer receive food from the Special the Government. During they instructions, these follow not did they if that and only SLDF the by killings about Rapporteur Special the tell should residents the that camp,saying (IDP) persons displaced internally an addressed officials instance, calls, message,by in person.text and telephone warned In one were further group. They armed SLDF the by abuses about only speak to but military, or police by the committed abuses about testify him,personally to not and with meet to victims or witnesses bring to not told were defenders rights human that mentions Rapporteur report, Special its In the authorities. the by district this in committed violations rights human on who information those held all silence to attempt police, an in the by officials Government and intimidated February, military in systematically were Rapporteur defenders Special UN rights the human of visit the after before, and particular, In during witnesses. and defenders rights methodically to human was intimidate reporting society civil systematic to response their district Elgon Mount in violations rights human denounced who defenders rights human of Intimidation 2009 of end the at ongoing still was which opened, the in written had he byto threats related articles officers of police unspecified told his colleagues reportedly had and department, police local the by scams malpractice other financial and exposed that articles of series a written had Mr.Nyaruri Nyamira. of home-town his near Forest Kodera in body his to torture of evidence with and decapitated found was 15, January since missing been private Mr. date, the police has not contacted Mr.Nyongesa contacted not has police the date, that since However, Department. Investigations Criminal the with ment Nyongesa Mr. house. a state recorded later and his station police central the to of assault the reported gate the of 100 meters within him leaving remained in 2009 in denial of abuses they are said to have committed, and and committed, have to said are they abuses of denial in 2009 in remained / / In Mount Elgon, both the SLDF and the Government’s security forces forces security Government’s the and SLDF the Elgon,both Mount In See KCHR. See Committee to Protect Journalists Press Release, January 30,2009. Francis Nyaruri Francis Weekly Citizen , a journalist who wrote on corruption cases for the the for cases corruption on wrote who journalist a , under the pen name Mong’are Mokua, the under pen name Mong’are and who had Weekly Citizen Weekly . An investigation was immediately immediately was investigation An . 11 . On January 29, 2009, 29, January On . 12 . l a u n n a

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Rapporteur’s meetings with witnesses, police, military and Government officials went to the homes and workplaces of human rights defenders, in an attempt to obtain lists of those who had testified before the Special Rapporteur. Individuals were told that they would be arrested if they did not hand over the list of names. This led a number of specifically targeted individuals from the Western Kenya Human Rights Watch and Muratikho Torture Survivor’s Organisation to flee the area. They were delivered further messages by telephone to “keep away” and “not come back”. Following the Special Rapporteur’s press statement, demonstrations

were held in Mount Elgon against NGOs, and individuals were told that13 they would be denied their food assistance if they did not participate . Furthermore, on October 9, 2009, Mr. Ken Wafula, a journalist and the Director of the Centre for Human Rights and Democracy (CHRD), was arrested, interrogated by the local police in Eldoret and released the same day but told not to leave the city. Between October 10 and 15, Mr. Wafula was summoned at least three times to report to the police station, where he was obliged to give further statements on allegations of inciting the public and causing national disturbance. On October 23, Mr Wafula was charged with “incitement”. On October 7, Mr Wafula had reported on the clandestine re-arming of communities in the Rift Valley with the support of Government officials for their communities, partly in anticipation of violence during the 2012 parliamentary poll. His report received widespread coverage. As of the end of 2009, the charges held against him were still pending. During the same period of time, the police reportedly tried to trap Mr. Wafula. On October 15, 2009, a retired senior police officer by the name of Mr. Paul Sugutt came to CHRD office claiming that on October 10, 2009, a consignment of 300 guns and 3,000 rounds of ammu- nition was seen in Eldoret going towards Nakuru from Lwakhakha, and insisting that he would like to work with Mr. Ken Wafula to ensure that the guns are eliminated. However, despite the fact that he was formerly a senior police officer, Mr. Sugutt had not reported this information to the police, and called CHRD’s offices up to four times a day during several days. Additionally, a person who identified himself as a human rights activist active in the SLDF also called and asked if he and Mr. Wafula could meet outside the city of Eldoret in order to give Mr. Wafula a report with information that SLDF members were being trained. Within minutes, Officer Sugutt had also called with the same information and to vouch for

the human rights activist, but the activist has not been heard14 from again since Mr. Wafula suggested that they meet only in Eldoret .

13 / See Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, Addendum - Mission to Kenya, UN Document A/HRC/11/2/Add.6, May 26, 2009. 66 14 / See Front Line Statement, October 19, 2009. Urgent Interventions issued by The Observatory in 2009 in Observatory The by issued Interventions Urgent Messrs. and Oscar Kamau King’araKamau Oscar John PaulOulu John Names Violations / Follow-up / Violations Assassination Joint Open Letter to Letter Open Joint Urgent Appeal KEN Appeal Urgent 001/0309/OBS 043 001/0309/OBS the authorities the Reference l a u n n a Date of Issuance of Date March 9, 2009 9, March April 20, 2009 20, April

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The situation that arose from the coup d’état of August 6, 2008, which overthrew the President of the Republic and the Government installed in office after the presidential election in March 2007, was brought back to normal with the presidential elections based on the Dakar Agreement. Under this Agreement, which was signed on June 2, 2009, the three major poles of Mauritanian political life – the National Front for the Defence of Democracy (Front national de défense de la démocratie – FNDD), the Assembly of Democratic Forces (Rassemblement des forces démocratiques – RFD) and the Union for the Republic (Union pour la République – UPR) – committed to setting up a Transitional Government of National Unity, to establishing an Independent National Election Commission (Commission électorale nationale indépendante – CENI) and to organising presidential elections on July 18, 2009. The latter brought the putsch General, Mr. Mohamed Ould Abdel Aziz, to office. The opposition denounced fraud such as the distribution of pre-marked specimen and official ballot papers and the massive police presence in and around the polling stations. International observers, such as the International Organisation of the Francophonie (Organisation internationale de la Francophonie – OIF),

also noted irregularities, 1though they considered that these did not call into question the final result .

This year saw international progress in the fight against impunity, with repercussions at national level. On March 30, 2009, the European Court of Human Rights confirmed the Nimes Criminal Court ruling of July 2005, sentencing, for the first time in France on the basis of universal jurisdic- tion, Mr. Ely Ould Dah, a captain in the Mauritanian army, for acts of torture committed in Mauritania against Mauritanian citizens. Even before publication of this decision, which was long-awaited by the authorities, the State had hastily organised a conference in Kaedi on the “humani-

1 / See Press Release by the OIF Observation Mission to the presidential elections in Mauritania, July 21, 68 2009 and the Declaration by the Presidency on behalf of the European Union, July 23, 2009. 4 those whowereborders; inthearmyandciviladministration were arrested andtortured. on November 25, 2009. SeeAMDH. 6 Consequences Press Release, November 4,2009. 5 3 (Association mauritaniennedes droits del’Homme -AMDH). Association Rights Human Mauritanian See organisations). society civil many by sought is that body reconciliation and truth a of establishment the as (such procedure justice transitional a establish to than rather compensation symbolic obtain tofugitives military and widows surviving together brings ( Mauritania with the help of the Collective of forOrganisations the Victims of Repression in Mauritania 2 and Mali in money of sums detainees of release the a demanded and holding hostages was six AQIM of 2009, total of end the At country. the of south the in kidnapped also were travellers Italian two 2009,18, December On 2009. the to sent recording a in abduction the for responsibility claimed (AQIM) Maghreb Islamic the in Qaeda Al Caravan” ( “Solidarity NGO Spanish the to belonging workers humanitarian Three 2007. August in Assembly National Mauritanian the by adopted practices” slavery repressing and slavery “criminalising No.2007-48 Law rights” human basic their of deprived are utterly “ victims whose slavery”, domestic and as “serfdom such practices slavery of Mauritania to in country the 4, 24 to persistence November the from October denounced visit her of end the at 2009 3, November in on conference Nouakchott press a during Shahinian, Gulnara Ms. Slavery, of Forms lands their of return the and status civil official for obtain to Commission obstacles High administrative with cope to had have the (HCR) Refugees of assistance the with repatriated were who deportees Mauritanian the and intact remains problem impunity, land the total with torture and brutality use to continued have police the resolved: from far are backlog humanitarian the to related 1990s problems the the However, in violations rights human and backlog humanitarian the of consideration that 24 March on announced ( Council State High the of President then backlog” tarian Coordination des organisations des victimes de la répression en Mauritanie -

/ / / / / /

Furthermore, in 2009, several foreigners were abducted in Mauritania. Mauritania. in abducted were foreigners several 2009, in Furthermore, Contemporary on Rapporteur Special Nations United the addition, In

At the beginning of the 1990s, tens of thousands of negro-Mauritanians were deported beyondwere deported the negro-Mauritanians of thousands of tens1990s, the of beginning Atthe See United Nations Special Rapporteur on Contemporary Forms of Slavery, Including its Causes and See AMDH. In the same recording the group claimed responsibility for the of abduction a French citizen in Mali The objective of the conference was to convince victims to withdraw their complaints filed in filed complaints their withdraw to victims convince to was conference the of objective The Caravana Solidaria Caravana 6 2 . , following which General Mohamed Ould Abdel Aziz, Abdel Ould Mohamed General which following , ) were abducted on November 29, 2009. 2009. 29, November on abducted were ) Al Jazeera Al Haut conseil d’Etat conseil Haut 3 was “permanently closed”. closed”. “permanently was 4 channel on December 8, December on channel . 5 , in spite of the existing existing the of , spite in COVIRE), a collective that l a u n n a – HCE), –

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Since the coup d’état, threats intensified in the press, on the Internet, during sermons in mosques, or by telephone against those who denounced the putsch (journalists, NGO representatives or members of the opposition). Indeed, those civil society movements were held responsible for the sanctions adopted by the international community against the ruling junta and any criticism of the Government was considered as a form of political opposition. Normalisation of the political climate through the presidential elections did not change this situation. Defenders continued to be marginalised with regard to State activities, just as did the political movements that are independent of the junta, which grouped together Coordination de within the Coordination of Democratic Opposition ( 7 l’opposition démocratique – COD) since December 2009 . This was in particular demonstrated by the lack of consultation with civil society and smear campaigns against its representatives, and by the repression and banning of demonstrations. As an example, on December 17, a demonstration organised in Nouakchott by the families of Islamic business men who were detained and accused of misappropriation of public funds, which called for their release, was repressed. Several women were beaten

and injured by the 8police forces, especially by the anti-riot police and the court-house police . Repression of the freedom of peaceful assembly in the framework of institutional crisis While, after the coup d’état, many civil society movements, including members of human rights NGOs and union members, took part in peaceful demonstrations to call for the return of constitutional order and respect for economic and social rights and to protest against the imposition of an

electoral 9calendar, the junta banned many peaceful assemblies and demonstrations . Several of these demonstrations were brutally repressed by the security forces, and police and gendarmes were deployed even for authorised demonstrations. The national guard was in charge of patrolling the poor neighbourhoods and breaking up any social meetings. For instance, on April 2, 2009, Mr. Boubacar Messaoud, President of SOS-Slaves (SOS-Esclaves) and a member of OMCT General Assembly, after expressing the opinion that the Government should support respect for fundamental freedoms, was severely beaten by the police during a peaceful demonstration organised by the Coordination of Democratic Forces

7 / The coalition of nine opposition parties officially signed a policy statement on December 10, 2009. 8 / See AMDH. 9 / On May 21, 2009, HCE banned any demonstration until the presidential election, which at that time was scheduled for June 6, 2009, before being postponed until July. At the end of 2009, demonstrations 70 continued to be regularly banned or repressed by the authorities. or a rénovation la pour and SOS-Slaves June Alert, 22, 2009. 11 10 an before case the sent and ruling the quashed Court Supreme the 2010, hunger strike for two weeks, seriously endangering his health. On January 14, Mr. Hanevy, in at Nouakchott, Dar Naim prison who was detained went on situation, this to appeal. on its reaction In ruled had Court Supreme the of chamber the criminal until his release to suspend Court the Supreme asked euros), (12,500 ouguiyas million five of a fine and prison in months five of sentence a for called had which prosecution, the but 2009 24, December on released be to due 24. was Mr. November Hanevy on appeal in upheld was that Tribunal, sentence Correctional a Court Nouakchott iour” the by behav decent and Islam to contrary for “publications prison in months six Taqadoumy ( Movement Renovation / for Democracy and Justice for Moctar Alliance the Ibrahima Mr.of member candidate, a Sarr, election presidential a by 22 May on filed complaint a following 2009, 17, June rights on example, human an As denounced violations. had who and Government the from pendent violations rights human denounce who journalists of harassment Judicial brigade anti-riot the including forces, police the of were members by women beaten Several repressed. harshly also was order, constitutional to of a return lack the and of elections date the in against to protest Nouakchott headquarters Nations United of front in RFD the and FNDD the by called been had peaceful which Parliament, a of Members 2009, women 19,by demonstration April on Similarly, police. the by injured seriously and beaten were people run dozen a them around make demonstration, to same the managed At off. who women two by challenged were they when car a of boot the in Mr. Messaoud The put police. to trying were anti-riot officers police the up back to come had who station police house court the from colleagues his and Nejib Ould Superintendent Police by attacked was he services, police the to known Already organisations. rights human organisations, including and society civil parties political opposition ( Mr. Mr. fortune. On August 19, 2009, Mr. Hanevy Ould Dehah was sentenced to to sentenced was Dehah Ould 19,Mr.2009, August Hanevy On fortune. “sudden”his and villa a of purchase candidate’s the on article an of cation Coordination des forces démocratiques forces des Coordination

/ / In 2009, several trials were opened against journalists who were inde were who journalists against opened were trials several 2009, In

See AMDH, Association of Women Heads of Families ( See AMDH. aey ud Dehah Ould Hanevy ,arrested was Alliance pour la justice et la démocratie / Mouvement Mouvement / démocratie la et justice la pour Alliance – AJD/MR), opposition party, the journalist journalist the party, opposition AJD/MR), – 11 . The complaint followed the journalist’s publi journalist’s the followed .complaint The , Director of the electronic newspaper newspaper electronic the of Director , – CFD), which brings together together brings which CFD), – Association des femmes chef de famille

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12 examining magistrate . Furthermore, on March 15, 2009, access to the electronic newspaper Taqadoumy was blocked to Mauritanian Internet users and, following the publication on March 15 of an article in which he denounced the violations committed by the junta, one of its editors, Mr. Abou El Abass Ould Braham, was arrested on March 17 for “defamation” and “attempt to destabilise the country”, before being released without being charged on March 19, 2009. He was also criticised for other articles that had been published on November 18 and 26 and December

27, 2008, relating to the putsch13 and the army’s obligation to declare the personal assets of its generals . Harassment of defenders who denounce the persistent practice of slavery Denunciation of the persistent practice of slavery in the country in 2009 caused the authorities to put increased pressure on human rights defenders who fight against slavery. For example, since taking part in the conference entitled “Slavery in the land of Islam: why don’t Mauritanian masters free their slaves?”, organised on February 17, 2009 at the Foreign Press Centre (Centre d’accueil de la presse étrangère – CAPE) in Paris, Mr. Biram Ould Dah Ould Abeid, Advisor to the Mauritanian National Human Rights Commission (Commission nationale mauritanienne des droits de l’Homme), President of the Initiative for the Resurgence of the Abolitionist Movement in Mauritania (Initiative de résurgence du movement abolition- niste en Mauritanie – IRA) and a representative of SOS-Slaves, was the focus of particular attention from the Mauritanian authorities. During the conference, he had in particular condemned the persistence of slavery and its legitimisation through the application of Sharia Law in Mauritania, and his statements had been repeated in several African newspapers. Acts of harassment against Mr. Biram Ould Dah Ould Abeid intensified following the press conference given on November 3, 2009 by the United Nations Special Rapporteur on Contemporary Forms of Slavery at the end of her visit to Mauritania. The authorities criticised Mr. Biram Ould Dah Ould Abeid for having informed the Rapporteur of the persistence of slavery practices and the seriousness of the problem in Mauritania. As an example, in November 2009, an anonymous article that included defama- tory statements against him, in particular alleging that he had links with the Israeli secret services, was published on the elbidaya.net news website and picked up by a considerable number of Mauritanian websites. During

12 / Mr. Hanevy was released on February 26, 2010 when President Mohamed Ould Abdel Aziz granted a presidential pardon to around one hundred prisoners to mark the festival of Mawlid (the Prophet Mohammed’s birthday). See AMDH and SOS-Slaves. 72 13 / See AMDH, AFCF and SOS-Slaves Alert, June 22, 2009. Urgent Intervention issued by The Observatory in 2009 in Observatory The by issued Intervention Urgent ”. of knew he slavery of case any present to him to “come to and to slavery” end against fight an to action “put and to statement him any ordered also him”and with deal to of President Republic the the by mandate “a given been had he that him to close who was person a via Abeid Ould Dah Ould Mr.Biram warned of Interior the Minister the 2009, 23, November on addition, In escape. his making before home his enter to tried individual unidentified an period, same the Mr. Boubacar Messaoud Boubacar Names Violations / Follow-up / Violations Attack / Attempted / Attack abduction Press Release Press Reference l a u n n a Date of Issuance of Date April 6, 2009 6, April

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Political context The announcement made on May 5, 2009 by President Mamadou Tandja of his intention to call a referendum to permit him to extend his term of office by three years, contrary to the provisions of the Constitution and when his term of office was due to end on December 22, 2009, was largely damaging to the process of setting up the democratic institutions provided for by the Constitution of the 5th Republic, promulgated on August 9,

1999 after several years of political instability. Based on supposedly1 spontaneous popular demonstrations calling for his re-election , Mr. Mamadou Tandja did all he could to organise the referendum: the National Assembly

was dissolved on 2May 26, 2009; the Constitutional Court was dismissed on June3 29, 2009 ; and he granted himself exceptional powers on June 26, 2009 . All these measures were denounced and strongly condemned by civil society and the political opposition, despite the repression to which they were subject. On July 8, 2009, President Tandja also modified Law 2006-24 on the Organisation, Attribution and Function of the Higher Council for Communication (Conseil supérieur de la communication – CSC), granting the CSC Chairman discretionary powers to suspend any “organ of the press that broadcasts or publishes information likely to disturb public order or to harm the safety of the State”.

In spite of the condemnations and threats of sanctions expressed by the

international4 community, in particular the African Union, the European5 Union , the Economic Community of West African States (ECOWAS)

1 / The demonstrations of support referred to by the President to justify his intention to modify the Constitution to permit him to seek a third term of office were in reality just demonstrations organised by the authorities that were given broad media coverage on national radio and TV. 2 / On May 25, 2009, after being petitioned by a group of Members of Parliament, the Constitutional Court had issued a favourable opinion on the possibility of holding a referendum on the adoption of a new constitution. Following the signature, on June 5, 2009, of Decree No. 2009-178/PRN/MI/SP/D calling the electorate to a referendum on the Constitution of the 6th Republic, several political opposition groups seized the Constitutional Court with a remedy for ultra vires. The Court issued a ruling that the decree of June 12, 2009 was unconstitutional. 3 / In application of Article 53 of the Constitution. 4 / On July 11, 2009, the EU decided to block the transfer of budgetary aid for Niger to put pressure on President Tandja to suspend the referendum. 5 / In a Resolution on September 22, 2009, the ECOWAS Parliament condemned the referendum 74 organised in Niger. validated these results onNovember atitshearing 10, 2009. CourtConstitutional community, the international the and opposition the by made fraud massive of accusations the Despite 2009. December in office of term his of end the beyond power in remaining him to opposition its of because Tandja Mamadou President by dissolved was which Parliament, previous the in 47 held only it since seats, its increase to MNSD permitted boycott opposition The 7 20091, andtheResolution ofthe 73rdsession oftheOIFPermanent Council, July 10, 2009. 6 and, 21, community on October 2009, ECOWAS, the for had called which international the and NGOs international and by national were denounced Development of Society the ( for Movement National the the of party, victory ruling overwhelming the saw opposition, the by boycotted were injured. were people several Assembly; National the of dissolution the against protest in again seats their take to order in Parliament to way their on were parliamentary who deputies former and order of forces the between out broke clashes 30,violent 2009, August On released. subsequently were people these All country. the of rest the arrest and the Niamey in to both people, led 157 of Niamey detention and of streets the in parties opposition the by ised to leading order, of forces the arrests.numerous On August 23,by 2009 for example, organ a demonstration repressed brutally were the of reform Constitution the denounce to aimed that demonstrations several 2009, of acts of the month the of members opposition.August against repression to During led bans the of spite in organised demonstrations and banned, systematically were demonstrate to parties opposition the by applications Additionally, harassment. all administrative or judicial to subject were ions opin these published that media private press. The national the by sored cen regularly were referendum the to opposition and in briefings statements press other interviews, Statements, reform. constitutional the since regime. full presidential a to semi-presidential a from moving and as 2009, 22, years December three from by mandate presidential current the increasing mandates, presidential possible of number unlimited an of principle the establishing to according poll promulgated, was 18, sources. the August On 2009, constitution official a new of 90% nearly for accounted vote “yes” the oppo sition, the by Boycotted 2009. 4, August on organised was Constitution Francophonie la de internationale and also the International Organisation of the Francophonie ( Organisation and also the International

Mouvement national pour la société de développement développement de société la pour national Mouvement

/ /

The parliamentary elections organised on October 20, 2009, which which 2009, 20, October on organised elections parliamentary The freedoms fundamental to obstacles the in increase an been has There

MNSD obtained 76 of the 113 seats in Parliament, according to the Independent Electoral Commission. See Statement of the Secretary General of the International Organisation of the Francophonie on July ) 6 , the referendum on reform of the the of reform on referendum the , – MNSD) – l a u n n a Organisation Organisation

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elections to be postponed, suspended its bodies from its bodies since it did not recognise the election results and accused Niamey of having violated community texts on democracy. On December 22, 2009, ECOWAS also

took note “of the [sanction] on December 22,8 2009 of the legal end of the mandate” of President Mamadou Tandja . Similarly, on November 6, 2009, the EU suspended its development aid to Niger and gave the Niamey authorities a delay of one month to begin “consultations” with a view to returning to “constitutional order”. On December 23, 2009, the American administration also suspended its non-humanitarian aid to Niger and imposed restrictions on the movements of several Government officials to sanction the refusal of President Mamadou Tandja to renounce his mandate. In spite of the opposition boycott and the disapproval expressed by the international community, municipal elections were also held on December 27, 2009.

With regard to the conflict in the region of Agadez, in the north of the country, on October 23, 2009, a decree was promulgated for a general amnesty for all acts resulting from the armed rebellion. Amongst other things, this marked the end of proceedings against the journalist Mr. Moussa Kaka, a correspondent with Radio France internationale and Director of the Radio Saraouniy private radio station, who had become a

symbol of media muzzling9 after he was detained from September 20, 2007 to October 6, 2008 and accused of “complicity in a conspiracy against State authority” for having had regular contact, as part of his professional

activity, with the rebel Tuareg faction of the Nigerien Justice Movement10 (Movement des Nigériens pour la justice – MNJ). The “state of alert” , decreed on August 24, 2007 by President Tandja after MNJ began the armed rebellion11 and which gave full power to the army in the Agadez region, was lifted on November 26, 2009, since the rebel movement seemed to have gone quiet following the constitutional reform. NGOs have restarted their activities in the region since then.

8 / See ECOWAS Press Release, December 22, 2009. 9 / The Prosecution Chamber of the Niamey Appeal Court had indeed decided to requalify the charges against him to “actions liable to harm national defence”, no longer a crime, but an offence liable to five years in prison and a heavy fine. 10 / This measure is provided for in the Constitution of Niger and is an exceptional measure to restrict individual and collective freedoms. 11 / MNJ calls for respect for the 1995 agreements signed by the Government, improved distribution of wealth, especially the income from uranium, and measures to support families displaced due to the 76 exploitation of the uranium deposits. Dounia group and ordered theimmediate resumption ofits activities. following forces”, Mr.security Amadou’s and TV appearance. On July defence 2, 2009, the Summary Magistratethe annulled the of suspension the by insurrection an for calling statement “a broadcast group TV and radio 2009,the June30, on which stipulates that “nobody shall be permitted to carry out any apparently illegal order”. Furthermore, ( television channel on June 29, when he referred to a statement by the Front for the Defence of Democracy 14 13 de l’Homme -ANDDH). 12 to be illegal. 11,referendum On August 2009, Mr. discharged was Amadou the declared had 12,2009 June on Court Constitutional the of ruling the that recalled 4, and 2009 August on referendum the TandjaPresident and of regime corrupt the denounced particular in 9,which August on Niger of Constitution 5th the he of FUSAD, anniversary of tenth the on President statement a as read had capacity his in after, State” the the of against “offence security for police judicial the by 2009 10, August on again arrested was However,ongoing. he still were him against proceedings on but Regulation the of 48 (Article Press Freedom the of offences” press “flagrant as well as – punishment capital for liable are which crimes – Code Criminal and the of 79 78 76, Articles under army” the demoralise to “undertaking and ity” author State against “conspiracy disobey”, to forces security and defence the “inciting of accused was he 30, June Niamey. On in police Niger the ( Committee Election National Independent the on representative society payez vous que ce Publiez – budgétaire FUSAD) – démocratiques acquis des garde sauve la pour uni (Front Democracy of Protection the for Front United the for respect for calling law of marches rule peaceful convene to or organise to What You ( Pay What for – Publish Transparency of Network Analysis Organisations and Budget acquis des sauvegarde la pour démocratiques indépendant d’orientation et réflexion de ( Gains of Democratic the Defence for Committee and Orientation constitution the of reform the denounce who defenders of Harassment As an example, the Niger Civil Society Collective ( Collective Society Civil Niger the example, an As protest. to freedom their on particular in placed obstacles work, with in their hindered seriously were executive the of hands the in power of tration the context ofNiger’s crisis. political tions de la société civile société la de tions Front de défense de la démocratie Commission électorale nationale indépendante nationale électorale Commission

/ / / / In 2009, human rights defenders and NGOs that criticised the concen the criticised that NGOs and defenders rights 2009, human In

FUSAD is a network of civil society organisations establishedpreserve to democraticsocietyorganisations structurescivil networkof a is FUSAD in Association nigérienne pour la défense des droits des défense la pour nigérienne (AssociationAssociationDefence Rights Human Niger See These accusations came after Mr. Amadou spoke during a programme broadcast on the Dounia Dounia the on broadcast programme a during spoke Mr. Amadou after came accusations These 12 . On June 29, 2009, Mr. 2009, 29, June On . – CROISADE), a member of the national board of the the of board national the of member a CROISADE), – Réseau des organisations pour la transparence et l’analyse l’analyse et transparence la pour organisations des Réseau 14 . 2, July On 2009, Mr. released, was Amadou Marou – CSCN) was on 16 occasions refused permission permission refused occasions 16 on was CSCN) – - FDD) calling on the army to respect Article 13 of Niger’s Constitution, was closed by order of the CSC President for having Presidenthaving forCSC the of order by closed was Dounia Marou Amadou Marou – ROTAB PCQVP) and a civil civil a and PCQVP) ROTAB – 13 , the Independent Advisory Advisory Independent the , – CENI), was arrested by arrested was CENI), – Collectif des organisa des Collectif , President of the the of President , l a u n n a

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by the Niamey High Criminal Court (Tribunal de grande instance “hors classe” – TGI). While several members of Nigerien civil society ad met in front of the Niamey civil prison were waiting for the formalities for Mr. Amadou’s release to be completed, two vehicles belonging to the National Intervention and Security Forces (Forces nationales d’intervention et de sécurité) took him away and drove him back to Niamey civil prison at around 9 pm. Mr. Amadou was then charged with the “creation and/ or administration of a non-declared association”, as FUSAD did not have legal identity, a crime that carries a one year prison sentence. On September 1, 2009, the Public Ministry appealed against the ruling, provisionally releasing Mr. Marou Amadou. On September 15, 2009, the Niamey Appeal Court Prosecution Chamber confirmed the application for provisional

release granted by the Senior Magistrate on September 1,15 2009 and which had been blocked by the Niamey Court since that date . In addition, on August 22, 2009, Mr. Wada Maman, Secretary General of the Nigerien Association for the Fight against Corruption (Association nigérienne de lutte contre la corruption – ANLC), an active member of ROTAB PCQVP and Secretary General of FUSAD, was arrested in Niamey by members of the Republican guard and taken to the Niamey police camp, without having access to a lawyer; he was accused of taking part in the illegal demonstration that had been organised on the same day by the opposition parties to denounce the amendments to the Constitution, despite Mr. Maman asserting that he had not taken part in this demonstration. At the end of the day of August 26, Mr. Maman was granted a provisional release. However, proceedings against him continued for “participation in an unauthorised demonstration” and “destruction of a bridge, public monuments and an administrative vehicle”. At the end of 2009, the case of Mr. Wada Maman remained pending at the office of the Senior Examining Magistrate of the Niamey High Criminal Court. Repression of journalists who denounce corruption In 2009, journalists who denounced Government corruption were subject to harassment. As an example, on August 1, 2009, the police arrested and questioned the directors of eight private weekly publications, Messrs. Abdoulaye Tiemogo, of Canard déchaîné, Ali Soumana, of Courrier, Assane Sadou, of Démocrate, Ibrahim Souley, of l’Enquêteur, Moussa Askar, of l’Evénement, Zakari Alzouma, of l’Opinion, Omar Lalo Keita, of Républicain and Abarad Moudour Zakara, of l’Actualité, for impli- cating the son of President Tandja in a case of corruption relating to the

15 / On January 25, 2010, the Niamey Appeal Court sentenced Mr. Marou Amadou to a suspended three months’ prison sentence for “regionalist propaganda”. The lawyers introduced an appeal against this 78 ruling before the Supreme Court. decision to issue an international arrest warrant against former Prime Prime former corruption of against accused is and abroad lives warrant who Amadou, Hama Minister arrest international an issue to decision 17 16 2009 in Observatory The by issued Interventions Urgent complaint his withdrew latter the after by 30,2009 filed September was on released finally complaint Omar,was a he Ben Mr. Mohamed after Arrested directors. its of several of arrest ( euros) by 3.12 (around million francs the Nigerien CFATelecommunications Company billion two than more 2008 of in misappropriation enquiry the of revealed that commission parliamentary a of findings the lowing fol corruption, for investigation criminal a of target the Omar,was Mr. Mohamed Ben Minister, Communications former the that announcing with “defamation” of an article 22, publication the on September after 2009 weekly independent the 20, 2009,On September Mr. day same the on released was he detention, in days 86 spent already had he charge. the Since confirming time same prison, in the at months two to Mr. Tiemogo of Abdoulaye sentence the reduce to Niamey decided Court the 26,Appeal October On Niamey. of north in the to prison km the 100 to Ouallam, health of state poor his despite transferred decision, forcibly the was against appealed who journalist, the 2009, 31, August On the on July 30,2009 on appeared had he after act” for jurisdictional a prison on in discredit “throwing months three to Mr.Tiemogo sentenced Court Criminal High 18, Niamey at 2009, August the On station. police days central Niamey four the for custody in kept was who Tiemogo, Mr.Abdoulaye and 2009, of end the of as place taken not still had which trial, date his for later wait to a at released was who Soumana, Mr.Ali for day,except same on the charge without released contract. all were a of mining They signing 18 Société nigérienne des télécommunications des nigérienne Société / / / Idem. Idem. See ANDDH. Mr. Marou Amadou Marou Names Dounia Le Le Témoin Violations / Follow-up / Violations TV channel and commented on the Prosecutor’s Prosecutor’s the on commented and channel TV Judicial harassment / harassment Judicial Arbitrary detention / detention Arbitrary Closure of premises of Closure Provisional release Provisional Arbitrary arrest Arbitrary Ibrahim Soumana Gaoh Soumana Ibrahim , was arrested by the police and charged , charged and by police the arrested was 18 . – SONITEL), leading to the the to leading SONITEL), – 001/0709/OBS 095.2 001/0709/OBS 001/0709/OBS 095.1 001/0709/OBS Urgent Appeal NER Appeal Urgent Urgent Appeal NER Appeal Urgent Urgent Appeal NER Appeal Urgent 001/0709/OBS 095 001/0709/OBS Reference , Editor-in-chief of , Editor-in-chief l a u n n a Date of Issuance of Date August 10, 2009 10, August July 2, 2009 2, July July 1, 2009 1, July

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Names Violations / Follow-up Reference Date of Issuance Arbitrary detention Urgent Appeal NER August 10, 2009 001/0709/OBS 095.3 Discharged / Enforced Urgent Appeal NER August 11, 2009 disappearance 001/0709/OBS 095.4 Arbitrary detention / Urgent Appeal NER August 12, 2009 Judicial harassment 001/0709/OBS 095.5 Urgent Appeal NER September 15, 001/0709/OBS 095.6 2009 Provisional release / Urgent Appeal NER September 16, Judicial harassment 001/0709/OBS 095.7 2009 Mr. Wada Maman Arbitrary detention / Urgent Appeal NER August 27, 2009 Provisional release / 002/0809/OBS 128 Judicial harassment

80 for for 3 15, 2009. quotidien au 2 and theswelling numbers. ofvoting the election as barely credible and denounced irregularities such as multiple votes, ballot box stuffing, 1 civil take to the failure and Government’s Congo the of the symbolic of were Union European Republic the between Agreements the Partnership of negotiation regarding situation the generally, More continued flouted. be Pygmies, to the especially lands, their rights on the peoples and so, do indigenous to of up set mechanisms the of forestry regardless resources, particularly resources, of management the to relating decisions channel French TV the for Mr. correspondents Ms.Rabaud, and as special Zajtman Marlène Arnaud such event, the covering were who press international the from jour to nalists belonging equipment Broadcasting person. one least demonstrators, at the at injuring fired were bullets Real Brazzaville. in present ists journal international and demonstrators attacked brutally forces security the published, were results the day same the 15,2009, July on opposition the by march,organised protest peaceful a votes.During the of % 78 over Nguesso, 1997, since Sassou in power with Denis President incumbent the of announcing, no surprise, results with victory the official the after tension marked byand marked many irregularities high abstention context Political annual observatory TH OF R of transmitting false information false transmitting of them accusing occasions, several on media international the criticised had / / /

See Congolese Observatory of Human Rights (OCDH) Press Release, July 13, 2009. The OCDH termed Furthermore, the authorities once again did not consult civil society on on society civil consult not did again once authorities the Furthermore, On July 12, 2009, the presidential elections were held in a tense climate, climate, a tense in held were elections 12, July 2009, On presidential the

See OCDH. Journalistes en danger danger (Journalistesen Danger JournalistsIn See BBC EPU

report radio, was broken or confiscated or broken was radio, : entre la peur et la survie. L’état de la liberté de la pressela de liberté la de L’état survie. la Afriqueet en centrale entrepeur : la December,

for 2010

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defenders 2 . Members of the Government Government the of .Members O

1 . There was considerable Liberté de la pressela Libertéde - -

AFRICA observatory for the protection of human rights defenders

4 society concerns into account, even when required by treaties . On March 23, 2009, the United Nations Committee on the Elimination of Racial

Discrimination5 confirmed this tendency in its report on the situation in the Congo . Intimidation of defenders who denounced irregularities in the holding of the presidential elections In 2009, human rights defenders who denounced voting conditions in the July election were threatened and harassed, including by the authorities in office. As an example, the Territorial Surveillance Directorate (Direction générale de la surveillance du territoire) refused permission for the FIDH pre-election observation mission to enter the Republic of the Congo in June 2009, requesting that it be postponed until after the vote on the presidency. There was no response to the letter addressed by the Congolese Observatory of Human Rights (Observatoire congolais des droits de l’Homme – OCDH) to the officials of the Territorial Surveillance6 Directorate on June 24, 2009 requesting an explanation for this refusal . As a result, OCDH was the only truly independent organisation that was able to observe the presidential vote. On July 13, 2009, OCDH Executive Director, Mr. Roger Bouka Owoko, received anonymous telephone calls on the same day that OCDH published its communiqué after its observation of the election vote. One of the messages told him: “Keep on selling your country to the outside world; you’ll see what will happen to you, say whatever you like”. In addition, on July 15, 2009, at the end of a demonstration organised by the opposition, two people who introduced themselves under a false identity as members of Mr. Bouka’s family went to OCDH offices to meet him. He was away and they promised to come back. On the next day, they phoned to ask to meet Mr. Bouka privately to

4 / In February 2009, the Platform of Civil Society Organisations for the Sustainable Management of Forests in the Republic of the Congo (Plateforme des organisations de la société civile pour la gestion durable des forêts en République du Congo) called for postponement of the agreement negotiation session scheduled to take place in Brussels from February 16 to 19, 2009, on the grounds that the civil society consultation procedure and the rights of local communities and indigenous peoples had not been respected. See Position Paper of the Association for the Defence and Promotion of the Rights of Indigenous People (Association de défense et de promotion des droits des peuples autochtones - ADDPA), OCDH, the Junior Legal Desk (Comptoir juridique junior - CJJ), the Organisation for Development and Human Rights in the Congo (Organisation pour le développement et les droits humains au Congo - ODDHC) and the Forum for Governance and Human Rights (Forum pour la gouvernance et les droits de l’Homme - FGDH), February 11, 2009. 5 / See Committee for the Elimination of Racial Discrimination, Concluding Observations of the Committee for the Elimination of Racial Discrimination, United Nations Document CERD/C/COG/CO/9, March 23, 2009. 6 / See OCDH Letter to the authorities, June 24, 2009. A copy of this letter was sent to the Minister of 82 Security. de suivi pour la paix et la reconstruction du Congo du reconstruction la et paix la pour suivi de centrale, December 15, 2009. Liberté de la presse au quotidien Ossébi Jacquet Bruno congolais 7 to Governments same the to appealing and Governments” African the to “destabilise of trying NGOs,them local and accusing international both paper 26,daily in the appeared 2009 and 25 August on affair, editorials gains two ill-gotten the in involvement about 2009,NGO and questions asked NGO transparency discussed which investigation the in progress no been had there 2009, of end and,the of as report a issued week, never one has within ings find its publish to supposed 25, was 2009, which February on Magistrate Examining the by not appointed was investigation of committee post-mortem the out,a carried While Government. Congolese petroleum the of by management profits poor U.S.of because million bank 100 French to a from amounting dollars funding for applied had Congo the of January In France. Company Petroleum National the in 2009, that Mr. revealed gains” also had Ossébi “ill-gotten concerning Gabon and Guinea Equatorial of Presidents the and Mr. Sassou-Nguesso against complaints party civil filing Mr. Mr. ruption. cor and envisaged Ossébi of both Toungamani cases in involvement his and Government Congolese the of cism criti his for known was Mr.Ossébi corruption. of President the accused Mr. with latter the interview Toungamani which in exclusive an published France, in Mr. after days exile Toungamani. three Benjamin occurred in fires These dissident political Congolese the of home took the at incident place identical day, an same the On 21. January on home his at Mwinda Mr. of circumstances suspicious in death the by illustrated as price, high continued a pay to also resources natural of management poor and corruption of Reprisals against defenders who denounce corruption denounce who defenders against Reprisals position. official the to opposition in stand a take to able be not would report. OCDH sure that to was make summary manoeuvre of aim The this body’s the in published be could it that so report observation election the it give to OCDH ordered election, the observe to organisations national ( Congo the in Reconstruction and Peace Monitor to Committee the 13, July on Furthermore, follow-up. no was of together.There possibility working the at hinted and election the in stand OCDH the discuss article that appeared in the French weekly magazine magazine weekly French the in appeared that article /

Any criticism also remained a risky activity: people who denounced cases cases denounced who people activity: a risky remained also Any criticism République du Congo, Mort du journalistefranco-Mortdu Congo, du République Report, JED and Borders Without Reporters See Bruno Ossébi Bruno , who died on February 2, 2009 following a fire that took place place took that fire a following 2009 2, February on died who , , a journalist and reporter for the on-line newspaper newspaper on-line the for reporter and ,journalist a

: entre la peur et : la entresurvie. L’état de la liberté de la presse la peur en Afrique : mystères et négligences et mystères : Les dépêches de Brazzaville de dépêches Les , July 2009 and JED Annual Report 2009, Report Annual JED and 2009 July , 7 . In addition, based on an an on based addition, . In ), a body that accredits accredits that body ),a Le Point Le l a u n n a on July 30, July on , attacking Mwinda

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make the battle for transparency for NGOs that “harass them” a priority for action. The campaign was aimed in particular at international NGOs such as Transparency International, Survival (Survie), Global Witness

and Sherpa, which are involved in denouncing the 8corruption of certain African leaders and their ill-gotten gains in Europe . Defenders working on the issue of the conditions that should be required in response to the request to cancel the debt of the Congolese State were particular targets, including Mr. Christian Mounzéo, President of the NGO Meeting for Peace and Human Rights (Rencontre pour la paix et les droits de l’Homme – RPDH), and Mr. Brice Makosso, Permanent Secretary to the “Justice and Peace” Episcopal Commission (Commission épiscopale “justice et paix”), who had already been harassed in 2006 for their participation in the “Publish What You Pay” Coalition (coalition “Publiez ce que vous payez”), as well as Mr. Mounzéo’s French lawyer, Mr. William Bourdon. During programmes broadcast by national television on August 4, 5, 6 and 7, 2009, which repeated these accusations, Mr. William Bourdon was directly mentioned as President of Sherpa and Mr. Mounzéo’s lawyer, Mr. Makosso and Mr. Mounzéo were presented as henchmen of these

international organisations9 and as dangerous elements whose intention was to destabilise the country . In addition, on November 6, 2009, Mr. Mounzéo received calls from advisors to the Minister of Mines and Geology and the Finance Minister while he was about to travel to Milan and Berlin for publication of a report on respect for human rights in the Italian Petroleum Company’s (Ente Nazionale Idrocarburi – ENI) new investment projects on tar sands and biofuel. The advisors to the two Ministers, who did not understand why this report might be published before they had seen it and given their permission for publication, dissuaded him from leaving as that

“could be dangerous” for the country and for himself. When Mr. Mounzéo10 returned, he continued to receive anonymous threatening phone calls .

8 / See Meeting for Peace and Human Rights (RPDH). 9 / RPDH tried, unsuccessfully, to obtain a copy of the programme and was therefore not able to file a complaint. See RPDH. 84 10 / See RPDH. were oftheoffences discharged of“defamation” and“publicinsult”. Thelatter appealed thedecision. sought 50 million CFA francs in personal damages and interest, was dismissed and the two journalists its French partners. However, the suit of LONASE Executive Director, Mr. Baîla Alioune Wane, who had of edition 2-9,2009 April the in published Forum( Civil the with partnership in WestAfrica Institute Panos the by 17, 2009 following a seminar on access to information organised on December 16 and Loterie nationale sénégalaise sénégalaise Lottery(Loterie nationale National Senegalese the tointerest and CFAdamages francsmillion in one pay to magazine the news”,orderedfalse and “publishing for Publication Director of the magazine Coulibaly,Mr. for Abdoulatif sentence prison months’suspended three a down handed Court District Dakar the 2009, 3, November on Furthermore, 2009. 30, September on release provisional granted finally were They farmers. peasant for intended seed peanut of Governor the by misappropriation the denouncing articles of publication the after conspiracy” “criminal news”and false “publishing 2009 and detained following a complaint made by the Governor of the Kaffrine region for “defamation”, L’AS and Radio futures media 5 4 -CORED),de déontologie journalists from community radios andalocalelected official. and Communication, the Council for Ethics and Deontology ( 3 corruption.against fight promote, otheramongst globalthings, participative democracy, transparency, governancegood and the 2 1 being passed on journalists, and newspapers from being suspended sentences new prevent not did 2010. However,efforts in these adopted be authorities with the the by risk of beingabuses sentenced or to imprisonment corruption denounce might who journalists on pressure Code,fromdating 1996, byself-censorship of putting climate a established consultations on the de-criminalisation of press offences, as the current Press particular,re-launched opposition. In he the with side to considered often was which press, the with relations normalising towards steps some took Presidentcontext, Senegalese Dakar,new opposition.the this the In to fell capital, the including towns, large several and 2000, since Wade, office in Abdoulaye President by led Coalition language) Wolof the in (“change” context Political annual observatory SENEG on a Bill on the Access to Information to Access the on Bill a on

/ / / / / /

The elections that took place on March 22, 2009 saw the slide of the “Sopi” See Committee to Protect Journalists (CPJ)Press Release, October 26,2009.

Including representatives of Forum civil, the Panos Institute, ARTICLE 19, the Ministry of Information

See International Freedom ofExpression eXchange (IFEX) Press Release, January 6,2010. The Civil Forum is the local branch of the NGO Transparency International, created in Senegal to Senegal in Transparencycreated NGO International, the of branch local the is ForumCivil The Messrs. Pape Samba Sène and Abdou Dia, respectively correspondents for the daily newspaper daily the for correspondents respectively Dia, Abdou and Sène Samba PapeMessrs.

report Forumcivil

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protection ) 2 ( , a committee of eleven members eleven of ,committee a RFM A ) in the Kaolack and Kaffrine regions, were arrested on September 18,

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AFRICA observatory for the protection of human rights defenders

tion, at the end of the year the competent authorities refused to attribute a frequency to the Télévision futurs médias (TFM) TV channel although all the administrative conditions had been met, demonstrating how hostile the

Government is to the6 private press, especially to media that are independent of the Government .

The year was also marked by official statements that were hostile to international justice and by the lack of will in the case of Hissène Habré, the former dictator of Chad who had taken refuge in Senegal and who is presumed responsible for mass crimes when he was in power. On May 18, 2009, President Abdoulaye Wade declared that “Africa must withdraw its membership until the International Criminal Court (ICC) becomes democratic, fair and equitable”, as part of a disinformation campaign against the

ICC and its Prosecutor7 led by the African Union and certain Heads of State, including Senegal . Furthermore, no tangible progress in the Hissène Habré affair was noted in 2009 and the Senegalese authorities held their ground that they will not organise the trial of the former Chadian dictator until they have received the total amount of funding, which they have

estimated at8 27.4 million euros, including eight million euros to renovate a law court . Further grey areas were the recurrence of torture, a structural practice during custody, particularly at the level of police stations and gendarmerie brigades, and the impunity that continued to surround viola-

tions of the Convention Against Torture9 and Other Cruel, Inhuman, or Degrading Treatment or Punishment . Continued harassment of journalists who denounce human rights violations and corruption Although human rights defenders now seem to operate in a healthier working environment, unexpected summons to the Criminal Investigation Division (Division des investigations criminelles – DIC) without any judicial consequences were still used too frequently against journalists and other media personnel who are critical of the Government, especially when

6 / See Amnesty International-Senegal, the African Assembly for the Defence of Human Rights (Rencontre africaine pour la défense des droits de l’Homme - RADDHO) and the National Human Rights Organisation (Organisation nationale des droits de l’Homme - ONDH) Press Conference, November 30, 2009. 7 / See Amnesty International - Senegal, RADDHO, Action of Christians for the Abolition of Torture (ACAT) Senegal, ONDH and the African Network for Integrated Development (Réseau africain pour le développement intégré - RADI) Joint Press Release, June 5, 2009. 8 / Although the European Union, Chad, France, Switzerland, Belgium and the Netherlands have already agreed to assist Senegal to finance the trial, at the end of 2009 they were still waiting for a credible budget. In addition, international practice is to finance this kind of trial in stages year-by-year. 9 / See ONDH and RADDHO. However, defenders who work on these issues seem not to be subjected 86 to harassment. 24 Heures Chrono Heures 24 newspaper daily of the private Director 2008, the Publishing had sentenced 12, September on which, Court Regional Special Dakar the of ruling the enquiry the in made then since been has progress No actions. these behind of being accused was who of Mbacké, brother Thierno Mame Mr. younger Modou, the Serigne Mr. interviewed DIC the 2009, 28, September On particular in the by based taken film opened, on was enquiry an but complaint a file not did later. Mr. minutes few a Niasse released being before property private a to 2009 18, September on complaint his withdrew plaintiff the after evidence of lack villas. for of presidential dismissed was finally the The construction for case enjoyed have would businessman the that favours State to references made ( Staff of Managerial Alliance by National the organised governance economic on conference the during briefing press a At news”. false publishing and “defamation for businessman, by a Amar,filed was Mr.Cheikh complaint a after the DIC the about to columns summoned was virulent Government, his for known is who and President, the of 10 2008 August in paper daily the of offices the wrecking for responsible people the to applied also that pardon presidential a 24, following April 2009 on released then and months eight for camp prison Dakar the at held was 2002.He August in d’Ivoire, Côte ( laundering in involved States were of West Bank African Central the son against hold-up the from money his and Wade that stated Abdoulaye had paper his President after news” false “publishing for particular in Officer, “services”. Executive Mr. Chief The for exchange in Republic the of President the supporting was of the on press radio review to in daily the referred and in paper the of an article publication the lowing daily the of premises newspaper the into leader burst Mbacké religious Kara the Modou of Serigne Mr. disciples 2009, 25, September on example, For them. against accusation impunity, bringing total with media the attacked le progrè pour cadres des Mr. 2009, 17, September on example, an As violations. rights human denounce they 12 11 Banque centrale des Etats de l’Afrique de l’ouest de l’Afrique de Etats des centrale Banque / / / See Amnesty International-Senegal, RADDHOandARTICLE19 Press Release, September 27, 2009. See Observatory AnnualReport 2009. See ONDHandRADDHO. 10 11 . In other cases, people with close links to the Government Government the to links close with people cases, other In . Mody Niang Mody . Finally, 23, on February upheld 2009, Court Appeal Dakar the Wal-Fadjri , Mr., Wal-Fadjiri , attacking the staff and wrecking equipment, fol equipment, wrecking and staff the attacking , s – ANCP) on September 10, s – on ANCP) September Mr. Niang had Mody El Malick Seck Malick El , the author of several works that were critical critical were that works several of author the , Walf FM cameramen who were on the premises. the on were who cameramen Sidy Lamine Niasse Lamine Sidy 12 . , leader a to religious which according , to three years’ imprisonment, imprisonment, years’ three to , – BCEAO) in Bouake, in BCEAO) – , was forcibly taken taken , forcibly was Alliance nationale nationale Alliance l a u n n a

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Attacks on freedom of peaceful assembly In 2009, sanctions were also imposed on freedom of peaceful assembly. As an example, on December 23, 2008, the security forces brutally repressed a march organised in Kédougou to protest against the economic situation

of the inhabitants of the region, causing13 the death of Mr. Mamadou Sina Sidibé and injuring several people . On January 9, 2009, the Tambacounda District Court handed down sentences of between five and ten years in prison to 19 demonstrators for “violence and assault and battery against agents of the public forces”, “voluntary destruction and damage of goods

belonging to another person and to the State”, “looting and14 burning public buildings” and “organising an unauthorised demonstration” . These people

were held at Tambacounda remand and detention centre before15 being released on March 17, 2009, following a presidential pardon .

13 / This march took place after a three-day forum organised by the Association of Pupils and Students (Association des élèves et des étudiants) from Kédougou district to debate on their living conditions and the poverty of the inhabitants of the area, which nevertheless has an abundance of mineral resources that are exploited by foreign companies. 14 / Including Alphousseynou Diallo, Saloum Taouda, Amadou Tidiane Diallo, Kaly Samuel Boubane, Ithiar Bundia, Geremy Bianquich, Souleymane Diallo and Assane Diallo (sentenced to ten years in prison); Aliou Manékhata and Issa Diallo (sentenced to seven years in prison); Youssouf Sidibé, Mady Kanté, Mamadou Dian Diallo, Fatim Bâ, Lamanara Diallo and Boubacar Médoune Diop (sentenced to five years in prison). 88 15 / See ONDH and RADDHO. all ofSudan, January 2010. country.the in IDMC, (IDP) See people internallydisplaced 1 over Khartoum, In media. international the from agents cameras security and crowds, confiscated into fired were gas tear and bullets Rubber Sudan. across cities other and North, Khartoum Greater Omdurman, in riot the 2009, 7,protests in peaceful engaged of thousands tens against violence December used police On Sudan. across repressed violently elections, were national fair and free for environment enabling an of lishment estab the demanding and changes to legislative needed detailing petition Parliament a presenting at aimed which Forces, Declaration Juba the by organised demonstrations peaceful several 2009, December In criticism. and opposition all silence to possible everything did Beshir Mr. tions, Al elec the win to position a in be to “crimes Indeed, Darfur. and in crimes” humanity” against “war for 2009 4, March on (ICC) Court Criminal International the by issued warrant arrest international the despite can didate a is Beshir Al Omar President which to elections presidential 2010 upcoming the considering 2009 in risk at more even were records, rights displaced were 390,000 than more and killed were people 2,500 least at alone, 2009 In places. many in reported were villagers the from livestock and goods of looting organised by followed facilities social of destruction and of dwellings burning targets. on civilian damage Widespread criminate indis causing intensively used were artillery and equipments planes fighter military including Heavy State. Darfur North in Marra and Jebal Mediob eastern Jebal Moo, Jebal Meliet, Korma, in rebels 2009 the or September authorities since the by either launched attacks the of resuming the of and March in agencies governmental humanitarian the international of evict to decision consequences the suffered particularly population Army. by Resistance Lord’s rebel the as from attacks In 2009, Sudanese the as well tribes southern between and units military north-south joint within conflicts including sources overlapping sometimes and from multiple ming Government Sudanese 2009,the in Army, stem resumed Sudan’s the and Liberation People violence between war civil of years twenty to end an annual observatory SU

/ /

Those who challenged the President’s achievements, including its human its human achievements, the President’s including who challenged Those brought 2005 in signed Agreement Peace Comprehensive the Despite As of the end of 2009, the Internal Displacement Monitoring Centre (IDMC) counted 4.9 million of of million 4.9 counted Centre(IDMC) Monitoring Displacement Internal the 2009, of end the of As

report DA

for 2010

the

protection N

human

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defenders Estimates for the total number of IDPsfor of number total the Estimatesfor

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250 people were arrested, including prominent lawyers, students, journalists and opposition figures. Dozens of people were also seriously injured. Similarly, on December 14, 2009, the security forces violently dispersed

another peaceful protest, which led to at least2 seven people being seriously injured and the arrest of hundred of people .

Furthermore, the National Intelligence and Security3 Services (NISS) continued to operate against all dissenting voices . In particular, newspapers worked under incredible duress in 2009, as it was a daily practice for NISS officers to monitor daily censorship of publications and remove articles or paragraphs at their discretion, without providing any motive, often making it impossible to publish the newspaper at all. This policy Al-Meedan Agras affected several newspapers including in4 particular , Al-Horreya, Ray’ ilShaab and Al-Akhbar . In addition, on December 20, 2009, the Parliament passed the new controversial National Security Act,

under which5 the NISS retain the power to conduct arrest and confiscation of property , and NISS officers enjoy full immunity, which can only be removed by the NISS Director. In the current context, it is feared that this law will be used to continue harassing human rights defenders. Moreover, on June 8, 2009, the Press and Publications Act of 2009 was adopted by the National Assembly and despite the opposition of 168 members of the Assembly, entrusting Government authorities with the power to impose

restrictions on the press on vague grounds6 related to national security and public order and gives the Press Council the power to ban newspapers for a period of three days without judicial mandate. The law appears to be in contradiction with the 2005 Interim Constitution of Sudan, which includes important safeguards for freedom of expression, especially as sen-

sitive issues like the ICC, corruption, Darfur7 and the elections will probably continue to be subjected to censorship .

2 / See African Centre for Justice and Peace Studies (ACJPS). 3 / For instance, on February 15, 2009, the Khartoum North Criminal Court sentenced Mr. Kamal Omer Abd-Alsalam to six months in prison for “defamation” after he wrote an article in Ray-Elshaab newspaper in 2007, which alleged that the NISS excluded Darfurians from its ranks. Mr. Omer spent two months in Omdurman prison before being released. 4 / See Arab Network for Human Rights. 5 / Under the previous law, the NISS had the power to detain people for three months, renewable for another six months after getting permission from the National Security Council. Under the new law, the NISS may only detain people for one month, renewable once by the NISS Director without judicial supervision. 6 / The Press Council is controlled by the State, and consists of 21 members, six of whom are appointed by the President himself. 7 / See ACJPS, Report on the situation of the freedom of expression and the freedom of the press in 90 Sudan, January 1, 2009 - September 30, 2009, October 19, 2009. foreign aid NGOs to leave the country, including Action Against Hunger Hunger Against Action country, the including leave to NGOs aid foreign 10 9 scrutiny onhumanrights violations. 8 to had Darfur, in workers aid of percent 40 to equates which personnel, equipment. communications and international and Nations,national 6,500 to United the According roughly laptops at only aimed were The NGOs. seizures the from property took and compounds agency orders aid on entered acting officials Government States. United the and Kingdom United the both of Fund Oxfam Children the Council, PATCOGB,Save Solidarity, and Refugee Norwegian MSF,the of French branches the Corps, Dutch and Mercy (IRC), Committee Rescue International the ( abducted remained (UNAMID) Darfur in Operation Hybrid Nations Union/United African the of workers civil two 2009, of detention of days 107 following released Goal, were NGO Commins Sharon later Mr.released 2009,22, were October two other the day,and following were Two the Darfur. released South al-Fursan, Edd near kidnapped were workers 14 March on others the and day, same the staff national one released, subsequently in were Umra five All Darfur.Saraf in North kidnapped were national, two and international three ( Borders-Belgium Without Doctors year the throughout and face attacks. environment In particular, of were them kidnapped several workers humanitarian against attacks Ongoing yet. up set been not had Commission the 2009, of end the human of However,as national institutions. of rights status the to related Principles Paris the with line in elements strong many contains which Act, Commission Rights Human 13 12 11 away from the city of El Geneina El of city the from away kilometres few a men Chad,West with by gunned Darfur,border the near in abducted was (ICRC), Cross Red the of Committee International the Action contre la faim la contre Action

/ / / / / / Furthermore, on March 4, 2009, Sudanese authorities ordered thirteen thirteen ordered authorities Sudanese 2009,4, March on Furthermore, In 2009, humanitarian workers continued to work in a very difficult difficult very a in work to continued workers humanitarian 2009, In note,On a positive 21, on April the National passed the Parliament 2009

Kidnapping is seen by some groups as a source of money and by others as a way to limit international See ACJPS,Sudan HumanRights Monitor, Issue No.1, March-May 2009. Mr. Lefevre was released onMarch 18, 2010. Press See ICRC Release, March 19, 2010. See UNAMIDPress Release, November 30,2009. See ICRC PressSee ICRC Release, October 18, 2009. Idem. and Ms. and 8 . Thus, on March 11, 2009, five staff members of of members staff five 2009, 11, March on .Thus, – ACF), Care International, CHF International, International, CHF International, Care ACF), – Gauthier Lefevre Gauthier Hilda Kawuki Hilda 11 . And while on October 18, 2009, Ms.18,2009, October on while .And Médecins sans frontières sans Médecins 9 . On April 4, 2009, four NGO NGO four 2009, 4, April On . , a French national working for for working national French ,a , from the Irish humanitarian humanitarian Irish the from , 13 . 12 l a u n n a , as of the end end , the of as – MSF), MSF), –

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14 depart in the wake of the Sudan Government’s decision . At the end of 2009, these organisations remained closed down. Crackdown against human rights defenders fighting against impunity, in particular on the eve of the ICC international arrest warrant In 2009, those who denounced human rights and humanitarian violations and their impunity as well as the unwillingness of the authorities to cooperate with the ICC faced State repression. Indeed, following the application on July 14, 2008 by the ICC Prosecutor for an international arrest warrant against President Al Beshir, the Sudanese administration launched a major attack against human rights defenders, with the aim of attempting to paralyse the human rights movement within Sudan. This trend increased in the weeks leading to the issue of the arrest warrant on March 4, 2009. On February 26, 2009, the General Director of the NISS, Mr. Salah “Gosh” Abdalla, gave a strong warning that “we will cut the hands, heads and body parts of whoever gets involved in implementing ICC plans because this is an issue beyond any compromise”. On February 19, 2009, the bank account of the Khartoum Centre for Human Rights and Environmental Development (KCHRED) was frozen by decision of the Khartoum State’s Humanitarian Aid Commissioner. This was accompanied by several acts of intimidation and harassment against KCHRED staff members, who were subjected to numerous summons for interrogation on the nature of KCHRED work and sources of funding. They were also defamed and targeted on numerous occasions in newspapers, such as Mr. Amir Mohamed Suliman, Chairperson, who was referred to as a traitor in the newspaper Al Ra’id on January 13, 2009, in relation to his alleged participation in a seminar on international justice. In February 2009, KCHRED was also subjected to a number of sudden raids carried out without prior notice by agents of the Federal and Khartoum State Humanitarian Aid Commissions (HAC). On March 1, 2009, the Minister of Social Affairs of Khartoum State issued Ministerial Decree No. 2/2009, in which he confirmed the recommendation of the Khartoum State’s Humanitarian Aid Commissioner to cancel the registration of the KCHRED and to close it down. On the same day, the Federal HAC issued an order calling for

the closure of KCHRED and two organisations operating15 in Darfur, the Sudan Social Development Organisation (SUDO) and the El Fashir and Nyala branches of the Amal Centre for the Rehabilitation of Victims of

14 / See UNICEF Press Release, March 6, 2009. 15 / SUDO was one of the largest national organisations undertaking humanitarian and development 92 assistance through ten offices across Sudan. 17 morevictims. Itwas than750cases. handling rape and torture on focus special a with violations, rights human of victims to psychosocialsupport 16 that him telling officers NISS from calls phone threatening five received system, judicial national the before cases, rape including violations, rights human of victims many represented who Fashir,and El in Centre Amal 8, and 6 March On pending. Mr.2009, still was case the 2009, of end the at and 18, 2009 August on country the Mr.left State”. Emam Abu Talib the Hassan against “crimes for him against case criminal a opened had after NISS bail, the on released was he 2009, 30, March On Khartoum. to trans ported and airport the to taken immediately was He house. NISS private the his by at arrested was Association, Bar Darfur the of member a and Emam Hassan Mr.2009, 28, March On NISS. the by harassed were Darfur Darfur in conflict the of victims to support providing lawyers against harassment of Acts day,the same the Mr. of On father forces. security the by confiscated was car private Mr. and Ali’s whereabouts, his about questioned was raid, the of time the at house the in Nyala.was brother-in-law,in who His Centre Amal the of of home Mr.the raided agents 2004 in SUDO by USD 40,000 of “embezzlement” alleged for HAC State Khartoum and Federal of SUDO,him by filed against the Chairperson case of a was notified court Dr.2009,3, March on Simultaneously, Court. Administrative the before pending was appeal SUDO’s 2009, KCHRED of the end by the filed appeal the rejected State Governor the 2010, Khartoum 13, of January On State”. the against “crimes for face trial would given, not was name whose nationality”, dual with “leader its ICC, the and,with staff of its all that in particular,and cooperation alleged Omdurman the 2009, 5, March On offices. the from everything Torture 18 19 20 He was released a few hours later hours few a released was He son. his of whereabouts the about questioned and arrested Fashir, was El KCHRED offices and SUDO offices in Nyala and Zalingei and removed removed and Zalingei and Nyala in offices SUDO and KCHREDoffices / / / / / In 2009, several lawyers providing support to victims of the conflict in in conflict the of victims to support providing lawyers several 2009, In An appeal was to befiledbefore theAdministrative Court in 2010.

See ACJPS. On March 16, 2010, theKhartoum Central Criminal Court found Dr. Mudawi innocent. The Amal Centre was the major national NGO in North and South Darfur providing legal aid and aid legal providing Darfur South and North in NGO national major the Centrewas Amal The Idem. 16 . On March 4, 2009, the NISS and the police broke the doors of of doors the broke police the and NISS 4, 2009,the .March On Ahmed Juma Ahmed reported that KCHRED had been closed down because of its its of because down closed KCHRED been had that reported Mohamed Badawi Mohamed , a Sudanese lawyer from El Geneina, in Western Darfur,Western in Geneina, El from lawyer Sudanese ,a 20 18 , a legal aid lawyer formerly associated with the the with associated formerly lawyer aid legal a , . On March 3, 2009, Sudanese national security security national 3, 2009,Sudanese . March On Mossaad Mohammed Ali Mohammed Mossaad , former Director of the Amal Centre in in Centre Amal the of Director ,former 19 . Ibrahim Adam Mudawi Adam Ibrahim National Radio of of Radio National , Director former l a u n n a Abu Talib Abu 17

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they would arrest him due to his work with the Amal Centre. Fearing for his safety, he was forced to leave the country on May 29, 2009. On April 1, 2009, Mr. Muneer Mohamed Khater, a legal aid lawyer who has provided legal aid services to victims of human rights violations in the Kutum area since 2008 and was formerly associated to the Amal Centre in El Fashir, attempted to board a UNAMID flight to Kutum town in North Darfur to conduct a field mission when he was stopped by the NISS. Mr. Khater then returned home followed by NISS officers, who continued to follow him for several days. On April 11, 2009, the NISS arrested Mr. Mohamed Al-Mahjoub Abdalah abd Alwahab, lawyer and Coordinator of the North Darfur branch of the Amal Centre, at his house in El Fashir. He was detained incommunicado for seven days and subjected to torture and to ill-treatment in the NISS premises in El Fashir, before being released without charge. None of his lawyers nor his family was able to visit him during his detention. On March 5, 2009, Mr. Al-Mahjoub had been ordered by the NISS not to leave El Fashir, on the basis of the National Security Forces Act 1999. This requirement was still in force as of the end of 2009. Also on April 11, 2009, Mr. Suliman Ahmed Abd Elrahman Arbab, a paralegal at the Abu Shook Justice and Confidence Centre (JCC) in North Darfur working in the Boyhood IDP camp, was arrested inside Abu Shook camp by police and NISS officials. Mr. Arbab was severely tortured in the NISS offices in El Fashir during his detention. He was released without charge after ten days of detention on April 21, 2009. Additionally, Mr. Barood Sandal, a prominent human rights lawyer who had represented Darfurian victims of arbitrary detention and torture in northern Sudan, was released on April 23, 2009 after eleven months of detention without trial. He had been detained by the NISS since May 12, 2008. Once ten months had elapsed, the NISS had filed a police complaint against him under the Criminal Act and Anti-Terrorism Act, alleging he had “undermined State security”. A criminal investigation then commenced and he was transferred from NISS to police detention. On April 5, 2009, a prosecutor dismissed the case for lack of evidence and ordered his immediate release. Instead, the NISS re-arrested him and held him without charge until his final release. Repression of civil society activities promoting fair, transparent and free electoral processes In 2009, the NISS disrupted several events related to the 2010 elections and arrested several activists promoting fair and free electoral processes. For example, on September 8, 2009, the NISS ordered “Journalists for Unity”, a coalition of northern and southern journalists, to cancel a press conference that intended to address issues related to the upcoming elec- 94 tions and the referendum. On the same day, the NISS also prevented three security services accused her of immigration violations, as her press press her as violations, immigration of her accused services security late in the night without charge. Similarly, without Ms. night the in late released being before Khartoum, in station railway the near the offices, NISS to taken then were They scene. the at unconscious knocked was and agents security by rifle a of butt the with beaten Mr.was arrested. Khalifa were they stopped, they stop. to When them force to order in air the into for shots fired and calling students two the chased campaign forces a security elections. The free “Grifna”, for fliers distributing were forces they security while by approached were activists, rights human and students 22 21 newspaper pan-Arab London-based channel news television of website Arabic-language March On Mr. 2009,1, Council. Press National it,the to renew to applications able repeated been not despite had she and January in out ran accreditation Monitor organisation news humanitarian UN the including organisations news several for reporter freelance A Sudan. in industry arms the and crisis Darfur the on reporting for nalist, 2009, Ms.28, expelled February authorities on Sudanese instance, For issues. related rights human sitive violations rights human on reporting journalists of Harassment same the charge. released without day again were They families. without and custody lawyers in their to remained access women the where district, area Kalakla Adam Al Abu in the in office NISS the to them took and station, police the However, outside them charged. re-arrested agents release, NISS their being upon immediately without day same the by released and interrogated police were the lawyers The 2010. January in scheduled elections Association Bar next the at vote to entitled be to order in fees related the pay and Association Bar the at membership their renew to lawyers urging fliers Front Democratic Lawyers’ the of behalf on posting in for complex Khartoum Court Kalakla Al the at 2009 8, December on arrested were Ms. Messrs. Omdurman, in 2009, University Khartoum at held be to on elections posium a sym holding from Organisation, Development and Research Sudan the and Society Maa the organisation, Asma the organisations, rights human holding of fair, transparent and pluralist elections at the Bar Association, Association, Bar the at elections pluralist and fair,transparent of holding / / In 2009, journalists continued to be harassed when they addressed sen addressed they when harassed be to continued journalists 2009, In Idem. Idem. Randa Yousif Randa , Ms. Ali had reported from Sudan since June 2008. Sudan’s Sudan’s 2008. June since Sudan from reported had Ali Ms. , Zuhair Latif Zuhair and Ms. and , a resident Tunisian journalist working for the the for working journalist Tunisian resident ,a Nafisa Al-Nur Hajar Al-Nur Nafisa Muhnad Umar Muhnad Hiba Ali Hiba Al-Hayat IRIN , a Canadian-Egyptian jour Canadian-Egyptian a , , was detained for two days days two for , detained was and and Butheina Omar Al Sadiq Al Omar Butheina and and , lawyers promoting the the promoting ,lawyers The Christian Science Science Christian The Hazim Khalifa Hazim France 24 France 21 . 6, December On l a u n n a Bloomberg

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and expelled from the country. NISS agents stormed his apartment in Khartoum and confiscated his camera, tapes, and cell phones, before arresting him. Sudanese authorities had claimed that Mr. Latif had been expelled because he had “violated immigration procedures”, without specifying the violations. Before his expulsion, Mr. Latif had visited Darfur, where he had taken pictures and interviewed victims about the conflict. Moreover, Ms. Ammal Habani, a journalist for Ajras Al-Hureya newspaper and a defender of women’s rights in Sudan, faced judicial prosecution following the publication on July 12, 2009 of an article she wrote in defence of Ms. Lubna Ahmad Hussein, who was condemned for wearing “indecent clothing” to 40 lashes. In her article, Ms. Ammal Habani had criticised the restrictions in law and practice on women’s rights and freedoms in Sudan. On the same day, she had called for general support for Ms. Lubna Ahmad Hussein and attended her court hearing in solidarity. The police had also detained reporters from Reuters, Al-Hurra channel, Al-Meedan and Agras Al-Horreya who had congregated in front of the courthouse to cover the case of Ms. Hussein. On July 20, 2009, Ms. Habani was summonsed by the Press and Media Prosecutor and then charged with “defaming the Public Order Police (POP)”, in violation of Article 159 of the Criminal Code. The law suit that was brought by the POP seeks that she pays ten million

Sudanese pounds (about 3.26 million euros) in compensation.23 As of the end of 2009, the date of the trial had not been scheduled yet . Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Khartoum Centre for Human Closure of an NGO / Urgent Appeal SDN March 4, 2009 Rights and Environmental Freezing of bank account 001/0309/OBS 037 Development (KCHRED) / / Harassment / Campaign Mr. Amir Mohamed Suliman of intimidation Amal Centre for the Closure of NGOs / Urgent Appeal SDN March 11, 2009 Rehabilitation of Victims Eviction of relief and 001/0309/OBS 037.1 of Torture, Sudan Social humanitarian NGOs / Development Organisation Confiscation of material (SUDO), KCHRED and 10 aid and equipment / foreign NGOS / Mr. Ibrahim Harassment Adam Mudawi Mr. Mohamed Al Mahgoub / Incommunicado Press Release April 14, 2009 Amal Centre for the detention Rehabilitation of Victims of Torture Release Press Release April 21, 2009

96 23 / See Arab Network for Human Rights. Ms. Bakhit, Messrs. Ms. Messrs. Ms. , Sadiq Al Omar Butheina Amro Kamal Khalil Kamal Amro and Nafisa Al-Nur Hajar Al-Nur Nafisa Randa YousifRanda and and Eldao Elshafeee , Salah Hatem Hazim Khalifa Hazim Names Muhnad Umar Muhnad Adel Violations / Follow-up / Violations Release / Ill-treatments / Release freedom of assembly / assembly of freedom Arbitrary detention Arbitrary Arbitrary arrest / arrest Arbitrary Obstacles to the to Obstacles Intimidation Release

002/1209/OBS 186.1 002/1209/OBS Urgent Appeal SDN Appeal Urgent Urgent Appeal SDN Appeal Urgent Urgent Appeal SDN Appeal Urgent Urgent Appeal SDN Appeal Urgent 004/1209/OBS 194 004/1209/OBS 002/1209/OBS 186 002/1209/OBS 003/1209/OBS 187 003/1209/OBS Reference l a u n n a December 23, 2009 23, December December 10, 2009 10, December December 10, 2009 10, December December 18, 2009 18, December Date of Issuance of Date

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Political context The early years of Mr. Faure Gnassingbé’s presidency were marked by some progress in the respect of human rights, as evidenced by the abolition of the death penalty on December 10, 2008, the greater freedom of expression or the establishment on May 27, 2009 of the Commission for Truth, Justice and Reconciliation (Commission vérité, justice et réconciliation) to

shed light on the political1 violence and serious human rights violations perpetrated since2 2005 . However, the prospect of presidential elections in March 2010 revealed underlying tensions and sharply curtailed freedoms. Important debates surround the composition of the Independent National Electoral Commission (Commission électorale nationale indépendante – CENI) to organise the 2010 elections. Under Article 15 of the Electoral Code, the CENI is composed of 17 members, including three elected by the National Assembly on behalf of civil society and accredited to monitor

all phases of the electoral process. Nonetheless, political3 parties have sought to instrumentalise civil society organisations . Indeed, at a meeting on

July 28, 2009 in Ouagadougou with the facilitator 4Blaise Compaoré, the three parties represented in the National Assembly agreed on the choice of civil society members to sit before the CENI, contrary to the principle of impartiality.

In this pre-election context, freedom of the press was also undermined.

Yet Togo5 is one of the few African countries that has decriminalised press offences , and public6 support to the media, although insufficient, was adopted last year . However, following the events of April 2009 involving

1 / After the events of 2005, major political parties in Togo established a programme of political transition under the auspices of an international mediator, Mr. Blaise Compaoré, President of Burkina Faso, which included the creation of this commission. 2 / The elections were held on March 4, 2010 and resulted in the victory of Mr. Faure Gnassingbé with 60.9% of the vote. The conditions of the electoral process were strongly contested by opposition parties. 3 / See Group of Thinking and Action Women, Democracy and Development (Groupe de réflexion et d’action femmes, démocratie et développement - GF2D). 4 / The Rally of the Togolese People (Rassemblement du peuple togolais - RPT), the Union of Forces for Change (Union des forces de changement - UFC) and the Action Committee for Renewal (Comité d’action pour le renouveau - CAR). 5 / Togo decriminalised press offences on August 27, 2004 with the signature of 22 commitments made by the Togolese Government to the European Union on April 14, 2004. 98 6 / In 2009, 45 newspapers, 34 radios and four television stations benefited from this. reporting. On April 17, 2009, the High Authority of Audiovisual and and Audiovisual ( of Communication Authority High the 2009, 17, April On reporting. Add.2, March 4,2009. defenders, Sekaggya Margaret - Addendum - Mission to Togo, United Nations Document A/HRC/10/12/ 10 November 3,2009. 9 8 “destabilise theRepublican institutions” and“coup d’état”. to attempt an denounced Gnassingbé FaurePresident television, national on speech a during 2009, 17, April arrested. On also were Mr. Gnassingbé, State, Essolizam of Head the of brother another and army the from discovered. officers were Twenty phones, satellite and rifles sniper including arsenal, entire an home, his of search the TogoleseDuring arrestedauthorities.wasthe byGnassingbé, Fauré 7 agent an dispatched which Lomé, of city the in headquarters police the to went 29,CACIT2009, August burglary,on the Following victims. ing accompany of pursuit its through CACIT by collected data of made be might that use the about concerns stolen, was raising equipment computer burgled twice. 28 of to August 29,in night the was occurred time first The 2009, all and violations, rights human grave of victims to assistance vides ( impunity fighting NGO an against harassment of Acts defenders against abuses past for impunity and expression, and opinion of freedom and illegitimate assembly NGOs, peaceful to of freedom on restrictions registration of certificates issuing in unjusti delays including fied activities, their in women inherent of difficulties fate and the about defenders concern expressed of Defenders Situation Rights the on Human Rapporteur Special UN the 2008, in country the to 2010 in elections presidential of eve the on press private the muzzle to power in those of determination clear reflected that law illiberal an as organisations society civil by denounced was tion) the authorisa of input, reducing withdrawal antenna the authorisation, the programme, of duration the of suspension total or or temporary partial penalties, permanent, financial (including sanctions impose to power the it giving and HAAC the of functions the amending bill a of 15,2009 the of institutions the destabilise Republic to attempt alleged an to sanctions response in disciplinary of threat under television” and radio all on notice further until [...] program interactive any “suspend to decided HAAC) – family President’s the

Collectif des associations contre l’impunité au Togo l’impunité contre associations des Collectif / / /

/ /

In 2009, the Collective of Local Associations Against Impunity in in Togo Impunity Against Associations Local of 2009,In Collective the visit her following 2009 March in published report a in Furthermore, On April 15, 2009, Mr. Kpatcha Gnassingbé, Deputy, former Defence Minister and brother of President

See HAACPress Release, April17, 2009. See Togolese League of Human Rights Human of TogoleseLeague See

See Human Rights Council, Rights Human See 8 . Moreover, on December by Assembly the adoption the National Haute autorité de l’audiovisuel et de la communication la de et l’audiovisuel de autorité Haute 7 , the authorities were extremely sensitive to media media to sensitive extremely were authorities the , Report of the Special Rapporteur on the situation of human rights rights human of situation the on Rapporteur Special the of Report - LTDH) - l’HommeStatement, de droits des togolaise (Ligue 9 . – – CACIT), pro which 10 l a u n n a .

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to examine the premises. However, the investigation yielded no results. In the night of October 7 to 8, 2009, the offices were again burgled. CACIT representatives filed a complaint and an investigation was opened but, as of the end of 2009, it had led to no results. On October 8, 2009, members of CACIT informed Mr. Yacoubou Hamadou, Minister for Human Rights, the Consolidation of Democracy and Civic Education, Mr. Koffi Kounte, President of the National Human Rights Commission (NHRC), and the Office of the United Nations High Commissioner for Human Rights (OHCHR). Thereafter, the NHRC and OHCHR visited CACIT representatives and the Minister of Human Rights expressed solidarity, while alleging that as a representative of the executive and under the separation of powers, he was unable to promote the investigation. On November 26, 2009, OHCHR agreed to provide financial support to CACIT for an exceptional twelve months to enable it to lease new premises. Beginning January 2010, the CACIT moved to new and more secure premises. Urgent Interventions issued by The Observatory in 2009

Names Violations / Follow-up Reference Date of Issuance Collective of Local Burglary Urgent Appeal TGO September 2, 2009 Associations Against Impunity 001/0909/OBS 131 in Togo (CACIT) Urgent Appeal TGO October 13, 2009 001/0909/OBS 131.1

100 Human Rights Association (ZIMRIGHTS). Zimbabwe 2009. See of end the at ongoing was and 2009 9, November on opened trial 2009. The 13, Mr. Mugabe after Mr. Bennett was remanded into custody and indicted on terrorism charges on October old bail conditions. On October 26, 2009, Mr. Tsvangirai announced that he suspended all contacts with back on October 14, 2009. On October 16, 2009, Judge Hungwe instructed the prison to release him on his not popular with the State”. Mr. Bennett was released from remand on March 12, 2009, but was ordered is that judgment a Mr.passed has arrested“he wasBennett’shimself magistrate because release, the ordered magistrate a services”.essentialWhen disrupting to view a with arms acquire“conspiring to 1 discrimina political Indeed, opponents. political perceived their against abuses commit to continued supporters ZANU-PF Zimbabwe, (GPA)in Agreement Political of Global the signing the Government. year after One power-sharing the of giving survival the be ensure to order in to ZANU-PF to ground appeared and reforms rights human for push to unable was MDC the reforms, effect to power political real them.Lacking of control maintains ZANU-PF that ministries, to ensuring all secretaries permanent appointed control of some ministries, formal unilaterally President Mugabe has MDC the Although reforms. governance and rights human institute to unwilling was and Government, the in (MDC) Change Democratic for therefore wielded more significantly power than Mr. party The Affairs. Tsvangirai’s Home Movement co-chaired it and Affairs; Foreign and Security State Justice, Defence, of Ministries the including ministries senior all of control retained (ZANU-PF) Front Patriotic – Union National African Zimbabwe Mugabe’s President as will political of absence an to due was of 10,February 2009 by Mr. Tsvangiraiprosecution and on appointed was arrest who the Agriculture of over Minister Deputy Mr. Bennett, Roy dispute the by affected greatly was power-sharing the of year first the addition, In country. the for direction political a new charting in and law of rule the for respect demonstrating in little was reforms, rights human there promised the of any instituting in 2009 achievement, in progress political this Despite 2009. 13, February until implemented not was Minister, Prime became Mr.Tsvangirai and between 2008 President remained Mr. Mugabe which Mr. Tsvangirai, in Morgan leader September in opposition years,and reached 29 for President been has who Mugabe,Mr. Robert agreement power-sharing the context Political annual observatory ZIMBABW

/ / Due to ministerial differences between their respective political parties, parties, political respective their between differences ministerial to Due

Mr. Bennett was charged with “treason” in February 2009. Charges were later replaced with with replaced later were Charges 2009. February in “treason” with charged was Bennett Mr.

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tion, intimidation and victimisation remained a major concern as violence across the political divide continued. MDC supporters and human rights

activists remained exposed to the2 abuses by Government agents to protect the interests of the ruling elite . The deportation on October 28-29, 2009 of Mr. Manfred Nowak, UN Special Rapporteur on Torture, as he was on

his way to conduct a fact-finding mission from October3 28 to November 4, 2009 is another example of this lack of political will .

Access to information and freedoms of expression and assembly remained heavily restricted in 2009. Senior members of the Government and State- run media continued to use disparaging language to describe the MDC and civil society, although several MDC members and civil society activists who were prosecuted were acquitted at the end of the year, which restored a sense of confidence in the administration of justice and denoted some steps were taken towards the independence of the judiciary. 2009 also saw

an intense harassment of legal practitioners4 by the police and Government, notably the Attorney General , which later subsided after a demonstra-

tion on May 16, 2009 and5 the presentation of a petition to the Ministry of Justice on the same day . Judicial harassment of several defenders and their lawyers in the post-electoral context In 2009, several human rights defenders who had been abducted and detained incommunicado in 2008 in the aftermath of the results of the March 29, 2008 general elections after they had denounced political violence were prosecuted in 2009 for “terrorism” and “sabotage” charges. Lawyers who were involved in their defence also came under pressure. The most emblematic case was that of Ms. Jestina Mukoko, Executive Director of the Zimbabwe Peace Project (ZPP) and Board Member of the Zimbabwe Human Rights NGO Forum, and her colleagues, Messrs. Broderick Takawira, ZPP Provincial Coordinator, and Pascal Gonzo, ZPP driver, and Mr. Andrisson Manyere, a freelance journalist, who were abducted in December 2008 together with MDC activists and only

2 / For instance, on October 27, 2009, Mr. Pasco Gwezere, MDC Transport Manager, was abducted by armed men from his home and detained at Marimba police station. He alleged that he was tortured since the time of his abduction and displayed serious injuries on his head, wrist, mouth, ear, feet, leg, buttocks back and genitals. 3 / See Press Release of the UN Special Rapporteur on Torture, Mr. Manfred Nowak, October 29, 2009. 4 / The latest victim was Mr. Mordekai Mahlangu, a lawyer who was arrested for representing Mr. Peter Hitchman, a witness in the trial of Mr. Roy Bennet, who through Mr. Mahlangu had written an affidavit that was sent to the Attorney General stating that he had no intention to testify as a State witness as he had no evidence to adduce which could assist the State case. See ZIMRIGHTS. 102 5 / See ZIMRIGHTS. bail order by Justice Charles Hungwe. was aware of Justice Bhunu’s judgment in which he granted the State leave to appeal against an earlier ex-abductees he three while the of release the causing by court” a of authority or dignity, reputation the impairing of possibility or risk real was there that realising or court a of authority or reputation 7 6 Mr. 2009, 10, December On times. adjourned, was was byacquitted Muchadehama finally the Harare several Rotten Row Magistrates trial the restarted and proceedings, postponed the Throughout euros). 69,66 (approximately USD 100 of payment after bail on released was he 2009, by bail 9, on April Hungwe 2009 granted Charles Justice Judge Court been High had who officials MDC bail two on and release” Mr.Manyere “unlawful of the secured reportedly having after court”, of of “contempt accused and of Court Magistrates Row Rotten Section the at police the Order and Law the of and officers by Mukoko Ms. arrested was Mr. Manyere, including torture, and abduction State-sponsored of Mr.2009, 6, May of end the Court. Moreover,At by Supreme the heard be to on still was 2009, trials. matter the their of as stays rights permanent their seeking of and Mukoko violations Ms. same the alleging Court Supreme the applications with constitutional lodged therefore They 2009. of end the of as charges criminal facing still were and prosecution of stay the from benefit not did case, ex-abductees Court other Constitutional in the applicant sole the was Mukoko Ms. As withdrawn. therefore were her against pending charges All agents. State by rights fundamental her of several of violation the to due Ms.Mukoko of favour in Jestina prosecution of stay permanent a once a to week.grant 28, decided Court On September 2009,police Constitutional the to report and passports their surrender they that condition Mr. and Ms. Mukoko the activ ists, under including USD Takawira, 600 some of bail granted Court the 6, May law. On the of afforded protection be full to the right constitutional her of breach a which in alleged Court, Mukoko Ms. Constitutional the before that pending basis appeal the an on was there opposed was indictment The custody. remanded in and accused sabotage” the and “terrorism for activists political MDC 12 as well Mr. Mukoko,as Ms. Takawira,Mr. Manyere indict to leave State bail on released were Manyere Mr. and Andrisson Mukoko Tarawira,Ms. Jestina 6 26,and 9 February respectively,2 April and March On Mr.Mr. Mugabe. Gonzo,Pascal Mr.overthrow to Broderick to tried plotting to forces confess her security make the as simulated beaten to and freezer subjected a in was locked drowning, Mukoko Ms. detention, her During tion. deten incommunicado of weeks 24, after 2008 December on re-appeared

/ / /

Subsequently, Mr. Gonzowas ofany offense. notcharged The State alleged that Mr. Muchadehama “unlawfully and intentionally impaired the dignity, dignity, the impaired intentionally and “unlawfully Muchadehama Mr. that alleged State The 6 . On May 4, Magistrate Catherine Chimwanda granted the the granted Chimwanda Catherine Magistrate 4, May On . Alec Muchadehama Alec , who represented several victims victims several represented who , l a u n n a 7 . 15,May On

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Court, as the prosecutors failed to prove the essential elements of the crime,

notably as the State did not file its appeal against Justice Hungwe’s8 order granting bail to Mr. Manyere and the two MDC officials . Ongoing obstacles to peaceful assembly and the holding of meetings In 2009, several human rights activists, including trade unionists, who participated in peaceful protests were again arrested and charged either under the notorious Public Order and Security Act (POSA) – despite a High Court ruling prohibiting the use of POSA against trade unions and despite numerous calls by NGOs to repeal the POSA; under Sections 37 (1a) and 37 (1b) of the Criminal Law (Codification and Reform) Act – which relates to “any person [who] […] in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked” – or Section 13 (1a) of the Act related to disturbing the peace; or under Section 46 (2) (v) of the Third Schedule to the Criminal Law (Codification and Reform) Act – which relates to anybody who “employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction”.

In particular, peaceful demonstrations that were organised throughout the year by Women of Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise (MOZA) led to systematic violence and arrests by the police. For example, on February 10, 2009, approximately 600 members of WOZA and MOZA took part in a peaceful demonstration outside the Parliament building in Harare in order to call upon Zimbabweans to keep demanding social justice. On the same day, Ms. Nelia Hambarume, Ms. Clara Bongwe, Ms. Auxilia Tarumbwa, Ms. Gracy Mutambachirimo, Ms. Linda Moyo, Ms. Keure Chikomo, Ms. Edina Saidi and Ms. Kundai Mupfukudzwa, all of them WOZA members, as well as of Ms. Roselyn Hanzi and Mr. Tawanda Zhuwarara, two lawyers and members of Zimbabwe Lawyers for Human Rights (ZLHR), were arrested by the Zimbabwe Republic Police (ZRP). The group remained in custody over night without being told what the reason of their arrest was. Three of the women were beaten in police custody. On February 11, 2009, they were all subjected to interrogation and were finally allowed access to ZLHR lawyers. On February 12, 2009, they

104 8 / See Zimbabwe Lawyers for Human Rights (ZLHR). on all charges all on acquitted were and Court Magistrates Falls Victoria the before appear to State On POSA. 25,the November 2009, Mr. under Ms.and summoned were Chikwengo Zinhumwe that violated had they ruled regulation who what clarify Court to Falls failed had Victoria the of decision lowing fol each, bail euros) 69,66 (approximately 100 USD a on custody of out On 27,October 2009, Ms.clearance” and Mr.Chikwengo police were remanded Zinhumwe without meeting political and/or “public a holding by POSA the of School 25(1)(b) Section Summer contravening for town, allegedly resort this Directors NGO Annual the in participating after Organisation Intelligence Central the and ZRP the of members by Falls of Victoria airport the at Officer, arrested were Executive Chief NANGO Ms. 2009, 25, October on Furthermore, 2010. 24, February to remanded further were remand,they off and them remove to request their refused Court 21,these Magistrate’s 2009,charges. December On Bulawayo the for times 21 remand on court in appear to had Mahlangu Ms. Williams Ms.and 2008. 6, November on bail on order released or and public” the security of peace, the “disturbing allegedly the for on day,charged arrested same been had They situation. the social and denounce economic to 2008 alarming 16, October on WOZA by organised march ful ZESN promotes free andfair elections aswell asdemocratic processes ingeneral. 13 12 Zimbabwe’s ruling coalition parties was honoured. GPAbetween the that ensure to (AU) Union African the DevelopmentAfricanand Community(SADC) 120 NGO leaders at the close of the Summer School, in which they called for the intervention of Southern 11 by theMinisteropened ofPublic Service andSocialWelfare. issue statements targeted at the development of Zimbabwe. In 2009, the Summer School was officially directors from NGOs in Zimbabwe to reflect on their work, discuss the way forward for civil society, and 10 9 Ndhlovu Ndodana Mr. and (NANGO), Organisations Governmental Chikwengo Deputy, her and Ms. Day Refugee International commemorate to held Bulawayo in four and Harare in ised organ protests peaceful six and first”, education children’s put Education “to of urging Minister the to petition a deliver to Harare in respectively WOZA by organised protests peaceful repressed violently also police the 17, June and 14 POSA.2009,the under February On peace”,of offence an breach a “causing with charged remained but bail free on released all were harassment throughout the year following their participation in a peace a in participation their following year the throughout harassment / /

/ / / / See WOZA.

The chargesMs. Chikwengo against and Mr. Zinhumwe would be linked to the statement issued by ZESN is a coalition of NGOs formed to co-ordinate activities pertaining to elections in Zimbabwe.in elections to pertaining activities co-ordinate to formed NGOs of coalition a ZESNis

See ZLHR. The Directors’ Summer School is an annual event organised by NANGO and bringing together together bringing and NANGO by organised event annual an is School Summer Directors’ The , Board Chairperson of the National Association of Non Non of Association National the of Chairperson Board , 9 . Ms. . 12 . On October 28, 2009, Messrs. Messrs. 2009, 28, October On . , Zimbabwe Election Support Network (ZESN) Network Support , Election Zimbabwe Jennifer Williams Jennifer Magodonga Mahlangu Magodonga , WOZA National Coordinator, Coordinator, National WOZA , , also faced intensive judicial judicial ,intensive faced also Thulani Ndhlovu Thulani Cephus Zinhumwe Cephus l a u n n a

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members in Hwange, were arrested in Dete, Hwange, for conducting a public outreach workshop on election education and constitutional reform, allegedly without police clearance. They were arrested after the workshop despite the fact that police had been present throughout. Mr. Ndodana Ndhlovu was released later on the same day while Mr. Thulani Ndhlovu

remained in custody until he was released on bail on October 30, 142009. Mr. Thulani Ndhlovu was charged under Section 24 of the POSA and

was due to appear again in court on November 26, 2009, when15 he was further remanded to February 4, 2010, and then to March 30 .

Trade unions were not spared by this repression. For instance, on November 8, 2009, Mr. Lovemore Matombo, President of the Zimbabwe Congress of Trade Unions (ZCTU), and four members of his staff, Messrs. Michael Kandukutu, Dumisani Ncube, Nawu Ndlovu and Percy Mcijo, were arrested in Victoria Falls by officers from the Criminal Investigations Department (CID) whilst Mr. Matombo was addressing members of the ZCTU Victoria Falls District Executive, purportedly for failing to comply with POSA under which the police has to be informed of any public meeting. Mr. Matombo and his four colleagues remained in police custody at Victoria Falls police station beyond the prescribed 48-hour period, after police issued a warrant of further detention without notice to the five men or their lawyers. The ZCTU leaders were finally brought before Victoria Falls Magistrates Court on November 10, 2009, but only after their lawyers of ZLHR had filed an Urgent Chamber Application in the High Court in Harare on November 9, 2009 seeking the immediate release of the trade unionists. The lawyers also wanted the arrest and detention of the ZCTU leaders to be declared unlawful and the warrant of further detention to be declared invalid and set aside. On November 12, 2009, the Court finally held that the meeting convened by the ZCTU in Victoria Falls was a bona fide meeting of the labour union and that the police must carefully read the laws before arresting individuals. In throwing out the charges, the Court criticised the police for their over-zealous behaviour and stipulated that

the POSA does not apply to trade16 unions. The five human rights defenders were released on the same day . Harassment of journalists denouncing human rights violations In 2009, journalists covering sensitive issues remained subject to harassment. For instance, on October 8, 2009 freelance photo-journalist Annie

14 / Section 24 of POSA stipulates that an organiser shall notify the regulatory authority of intention to hold a public gathering. 15 / See ZESN. 106 16 / See ZLHR. 17 Urgent Interventions issued by The Observatory in 2009 in Observatory The by issued Interventions Urgent 2009, she was further remanded out of custody to December 14, 2009. 2009. prosecuted 14, remained she 2009, of December end to the However, at custody of out remanded further was she 2009, she was granted a USD 30 21 (approximately euros) bail and on October 26, 12, 2009, October On mining. diamond illegal on crackdown a in murder diamond mass of accusations facing are police Chiadzwa and army Zimbabwe in the where fields photographs taking and filming was she as Act, Areas Protected of the in violation a pass without area a protected entering Mpalume / Mr. Ms. Mutambachirimo, Messrs. Messrs. Broderick Takawira Broderick Messrs. , Ms. , Saidi Edina Ms. Roselyn Ms. Mupfukudzwa, Ms. , Ms. Moyo, Arise (WOZA) / Ms. / (WOZA) Arise See Media Institute ofSouthernAfrica (MISA). Jestina Mukokoand , Jestina Ms. Ms. Jestina Mukoko, and Mukoko, Jestina Ms. , and Mr. and Hanzi, and , Ms. , Hambarume Mr. Women of Zimbabwe of Women TarumbwaMs. , Auxilia Ms. Bongwe, and Muchadehama Alec Ms. Jestina Mukoko Jestina Ms. Dadirai ChikwengoDadirai and Andrisson ManyereAndrisson Cephus Zinhumwe Cephus Broderick Takawira Broderick Zhuwarara PascalGonzo Names Keure ChikomoKeure, was arrested in Manicaland province on allegations of unlawfully was on province arrested of in allegations unlawfully Manicaland Tawanda Gracy Clara Kundai Nelia Linda and Arbitrary arrest / Judicial / arrest Arbitrary Torture / Ill-treatments / Ill-treatments / Torture Violations / Follow-up / Violations Ill-treatments / Release / Ill-treatments Re-arrest / Indictment / Indictment / Re-arrest harassment / Release / harassment Judicial harassment / harassment Judicial Stay of prosecution / prosecution of Stay Arbitrary detention / detention Arbitrary Arbitrary detention / detention Arbitrary Judicial harassment Judicial Judicial harassment Judicial on bail / Judicial / bail on Release on bail on Release Release on bail on Release Ill-treatments proceedings on bail on

008/1208/OBS 206.5 008/1208/OBS 008/1208/OBS 206.4 008/1208/OBS 008/1208/OBS 206.2 008/1208/OBS 008/1208/OBS 206.3 008/1208/OBS Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent Urgent Appeal ZWE Appeal Urgent 001/0209/OBS 024 001/0209/OBS 003/1009/OBS 156 003/1009/OBS 002/1009/OBS 147 002/1009/OBS Reference 17 . l a u n n a February 13, 2009 13, February Date of Issuance of Date October 28, 2009 28, October October 13, 2009 13, October January 6, 2009 6, January September 30, September March 9, 2009 9, March May 6, 2009 6, May 2009

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