A Field Report on the Protection and Effectiveness of Human-Rights Defenders in West and East Africa and the Horn
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Human-rights defenders in need of defense: A field report on the protection and effectiveness of Human-rights defenders in West and East Africa and the Horn By Hassan Shire Sheikh, James Torh and Peter Penz Centre for Refugee Studies, York University, Toronto This work was carried out with the aid of a grant from the International Development Research Centre, Ottawa, Canada; INTER PARES; and Amnesty International Canada 2 Contents Synopsis The project: goals, approach, institutions, and researchers Goals Approach Institutions The researchers and their work Background The cause of HRDs The risks of HRDs Findings Introduction East Africa and the Horn Somalia (together with Somaliland) Eritrea Ethiopia Sudan Kenya, Tanzania and Uganda West Africa Senegal Gambia Guinea Sierra Leone Liberia Ivory Coast Togo Analysis and conclusions 1. Shortcomings in HRD links, networking and collaboration 2. Shortcomings in resources for HRD effectiveness 3. Shortcomings in HRD skill training 4. Need for international-community action Appendices A. Project methodology B. Consultations and contacts in West Africa and Europe C. Declarations regarding human-rights defenders Declaration of the All-Africa Human Rights Defenders Conference, Johannesburg, South Africa, November 1998 African Human Rights Defenders Project 3 Synopsis The project: goals, approach, institutions, and researchers The African Human Rights Defenders Project is designed to strengthen the work of human- rights defenders in Africa by reducing their vulnerability to the risk of persecution and by enhancing their capacity for effectiveness in defending human rights. It focuses on West Africa, East Africa and the Horn. The current report covers the first, exploratory stage of the project. It identifies the most pressing unmet needs of human-rights defenders there, especially regarding personal security and effectiveness, and addresses the question of the kind of assistance that can be provided from outside Africa, especially from Canada. This stage of the project was carried out through field trips in March and April 2004 to the two regions. They involved extensive consultations with a wide range of human-rights defenders as well as several public officials. The project has been conducted by the Centre for Refugee Studies at York University in Canada. It has been funded by the International Development Research Centre (IDRC), Amnesty International-Canada, and Inter Pares. The project was designed and is being carried out by two former human-rights defenders, Mr. Hassan Shire, who had been active in Somalia and who is covering East Africa and the Horn for this project, and Mr. James Torh, who had been active in Liberia and who is covering West Africa. Professor Peter Penz, until recently Director of the Centre for Refugee Studies, guided the project and assumed responsibility for the report. The field report is mostly on a country-by-country basis. Its overall findings are as follows: (1) The most important weakness identified is insufficient collaboration among the human-rights organizations, especially among neighbouring countries. As a result, when repressive regimes force advocates to flee their countries, the latter frequently leave their region and go to Europe or the Americas. This means that their institutions lose their most experienced HRDs. (2) The effectiveness of human-rights defenders as well as their vulnerability is greatly limited by resource constraints. In particular, they need access to good information, i.e. computers and internet, communication resources, and funds for transportation. (3) The specialized expertise required for being a human-rights defender means that there is a great need for knowledge development and skill training, especially on human- rights instruments and mechanisms as well as crisis management, particularly under repressive regimes. (4) At times the efforts of local and national human-rights defenders need to be supplemented by those of the wider international community, especially when attacks on African Human Rights Defenders Project 4 intra-national human-rights defenders are involved. There may be a need for systematic protocols for such support. Plans for the next stage of this project will be presented in a separate document. The project: goals, approach, institutions, and researchers Goals The African Human Rights Defenders Project is designed to strengthen the work of human- rights defenders in Africa by reducing their vulnerability to the risk of persecution and by enhancing their capacity for effectiveness in defending human rights. It thus also serves to advance the protection of human rights, the rule of law and democratic institutions. It attempts to find answers to the following three questions: (1) Within the human-rights-threatening setting of West Africa, East Africa, and the Horn of Africa, what are the pressing needs of local human-rights defenders not being met by existing programs? (2) In particular, how can human-rights defenders be made (a) more secure and (b) more effective in their work? (3) How can such support be provided to human-rights defenders in Africa from outside Africa? More specifically, what particular strengths and resources could a Canada-based Initiative bring to addressing these needs? Approach These aims have been addressed through field work that was designed by the two project researchers, reviewed by the Centre for Refugee Studies at York University in Canada, and approved by the university’s Human Participants Review Sub-Committee. It involved separate field trips to West Africa and to East Africa and the Horn, respectively, in March and April 2004. In each region a wide range of HRDs as well as several public officials were consulted. Electronic and telephonic communications supplemented these face-to- face meetings. (See Appendix A.) African Human Rights Defenders Project 5 Institutions The project has been conducted by the Centre for Refugee Studies at York University in Canada. It has been funded by the International Development Research Centre (IDRC), Amnesty International-Canada, and Inter Pares and has received in-kind support from the Centre for Refugee Studies. Many organizations were consulted in the process of carrying out the needs assessment. In addition, advice was sought from institutions in Europe about the next stage for the project. Many of these organizations are identified in Appendix B. The researchers and their work The project was designed and carried out by two former human-rights defenders, Mr. Hassan Shire, who had been active in Somalia and who has covered East Africa and the Horn for this project, and Mr. James Torh, who had been active in Liberia and who has covered West Africa. Both are affiliated with York University’s Centre for Refugee Studies as Research Associates. The substantial work experience in human-rights work and extensive connections in the community of human-rights advocates and institutions of the two researchers was a crucial asset of the project. Professor Peter Penz, who was Director of the Centre for Refugee Studies when the project started and the field work was carried out, guided the project and assumed responsibility for the integrated report. Mr. Sabil Francis pulled together the first draft of the synthesis of the reports from the two researchers. Background The cause of HRDs (HRD will be used to refer to “human-rights defender”, with HRDs as the plural.) HRDs are men and women on the front lines of the struggle to ensure that the principles laid out in the Universal Declaration of Human Rights and subsequent human-rights conventions are upheld. HRDs are a crucial link in the chain of human-rights protection, from campaigning on behalf of victims of human-rights violations to lobbying at the highest levels for improved mechanisms for human-rights protection. In the process they support the rule of law and the institutions and principles of democracy around the world. By publicizing human-rights instruments and lobbying state authorities and regional bodies, they raise awareness of human-rights entitlements and help to mobilize victims of abuses to fight against them. They may be members of explicit and exclusive human-rights organizations, but they may also belong to youth groups, churches, or women's or development associations. Some African Human Rights Defenders Project 6 may act in an individual capacity. They include lawyers, journalists, teachers, social activists or community leaders. Wherever and whenever there is persecution and oppression, minorities and other vulnerable groups are threatened, and human rights are denied or human dignity is threatened, defenders tend to emerge and strive to protect the weak and hold the authorities to account. The risks of HRDs More often than not, the courageous work of HRDs puts them in positions of great personal and professional risk. They embarrass and threaten the legitimacy of authorities and other powerful groups that violate human rights in the process of exercising power. They thus attract the attention of power-holders, who then very often turn their patterns of persecution and oppression against HRDs, often in a more violent manner than against those whom the HRDs are trying to protect. This has been recognized by the United Nations. Following a decade-long campaign by leading human-rights organizations, including Amnesty International, the United Nations Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally