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HUMAN RIGHTS IN REVIEW OF 2019 is a global movement of more than 7 million people who campaign for a world where are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.

© Amnesty International 2020 Cover photo: Except where otherwise noted, content in this document is licensed Sudanese soldiers stand guard on armoured military vehicles as demonstrators under a Creative Commons (attribution, non-commercial, no derivatives, continue their rally against the regime near the army headquarters in the Sudanese international 4.0) licence. capital Khartoum on April 11, 2019. - The Sudanese army is planning to make https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode “an important announcement”, state media said today, after months of protests For more information please visit the permissions page on our website: demanding the resignation of longtime leader President Omar al-Bashir. Thousands www.amnesty.org of Khartoum residents chanted “the regime has fallen” as they flooded the area Where material is attributed to a copyright owner other than Amnesty around army headquarters where protesters have held an unprecedented sit-in now International this material is not subject to the Creative Commons licence. in its sixth day. © AFP/Getty Images

First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK

Index: AFR 01/1352/2020 Original language: English amnesty.org HUMAN RIGHTS IN AFRICA REVIEW OF 2019 CONTENTS

REGIONAL OVERVIEW 5 ANGOLA 13 16 18 20 BURUNDI 22 25 CENTRAL AFRICAN REPUBLIC 27 CHAD 29 CÔTE D’IVOIRE 31 THE DEMOCRATIC REPUBLIC OF CONGO 33 EQUATORIAL GUINEA 36 ERITREA 38 40 ETHIOPIA 42 45 GUINEA 47 LESOTHO 50 MADAGASCAR 51 MALAWI 53 MALI 55 57 59 61 RWANDA 65 SENEGAL 68 SIERRA LEONE 70 72 75 SOUTH 79 SUDAN 83 86 89 UGANDA 91 94 97

HUMAN RIGHTS IN AFRICA 4 REVIEW OF 2019 Amnesty International Mali, Nigeria, Somalia and elsewhere repression of dissent – including committed abuses, including killings crackdowns on peaceful protests, REGIONAL and abductions, which caused mass and attacks on media, human rights displacements. State security forces defenders and political opponents. In often replied with serious human rights over 20 countries, people were denied OVERVIEW violations such as extrajudicial killings, their right to peaceful protest, including enforced disappearances and torture. through unlawful bans, use of excessive force, harassment and arbitrary arrests. As the deadline closed in for regional These conflicts and insecurity – together political commitments to “Silencing with new forms of communal violence In two thirds of the countries monitored, the Guns” by 2020, intractable armed that emerged in countries like Ethiopia governments heavily restricted freedom conflicts continued, and new forms – were brutal reminders that Africa is a of expression – with some particularly of violence by non-state actors led to long way from breaking its deadly cycle clamping down on journalists, bloggers, widespread killings, torture, abductions, of armed conflicts and violence. civil society groups, and political sexual violence and mass displacements, opponents, including in the context of including crimes under , Often what have been silenced are not elections. in several sub-Saharan African countries. the guns – but justice and accountability for crimes and other serious human rights These violations unfolded in a Protracted conflicts in the Central violations. From Nigeria to South Sudan, context of failures to protect and African Republic (CAR), Democratic countless victims of serious crimes fulfil economic, social and cultural Republic of Congo (DRC), Sudan and and abuses did not see justice and rights. Forced evictions without South Sudan continued to simmer, with reparations. compensation continued in countries indiscriminate and targeted attacks on including Eswatini, Nigeria, Uganda civilians. Armed groups in Cameroon, The year was also marked by widespread and Zimbabwe. Large-scale commercial

Malian army soldiers patrol the area next to the river of Djenne in central Mali on February 28, 2020. - A week earlier Mali’s Prime Minister announced the dismantling of the security checkpoints organized by the traditional militia hunters Dan Na Ambassagou from Dogon country. ​© MICHELE CATTANI/AFP via Getty Images

HUMAN RIGHTS IN AFRICA 5 REVIEW OF 2019 Amnesty International land acquisitions impacted livelihoods mutilation. of these targeted attacks – including a of thousands in Angola. Access to health truck bombing in December, which killed care and education – already dire across In Somalia, escalating and indiscriminate nearly 100 people in Mogadishu. Military the continent – was further exacerbated use of drones and manned aircraft by operations against Al-Shabaab by Somali by conflicts in some counties including the US military’s Africa Command (US and allied forces also resulted in dozens Burkina Faso, Cameroon and Mali. AFRICOM) to carry out attacks continued of civilian deaths and injuries, often due to cause civilian deaths and causalities. to indiscriminate attacks. Yet across Africa, ordinary people, A record of over 60 airstrikes resulted in activists and human rights defenders at least three civilian deaths, bringing the In Cameroon’s north-west and south-west took to the streets. From Khartoum to number of civilians killed by such attacks regions, Anglophone armed separatist and from Kinshasa to Conakry, to at least 17 in the last two years. groups continued to commit abuses peaceful protesters braved bullets and including killings, mutilations and beatings to defend the rights that their ABUSES BY ARMED GROUPS, COMMUNAL VIOLENCE abductions. The military responded leaders would not. And sometimes, the AND UNLAWFUL STATE RESPONSES disproportionately, committing consequences were game changing extrajudicial executions and burning – major transformations in political Armed groups continued their brutal homes. systems and opening space for profound attacks, perpetuating a catalogue institutional reforms, such as in Sudan of abuses and crimes in Burkina Security deteriorated significantly in and Ethiopia. Faso, Cameroon, CAR, DRC, Mali, the centre of Mali, with widespread Nigeria, Somalia and elsewhere. Some killings of civilians by armed groups and attacks constituted serious abuses of self-proclaimed ‘self-defence groups’. ARMED CONFLICT AND VIOLENCE international humanitarian laws. Often, In response, Malian security forces the response of security forces and their committed multiple violations including Africa is still home to some of the world’s allies also involved serious violations of extrajudicial executions and torture. most intractable conflicts, and armed international humanitarian or human conflicts were ongoing including in CAR, rights laws. In Ethiopia, the response of security DRC, Cameroon, Mali, Nigeria, Somalia, forces to a surge in communal violence Sudan and South Sudan. In these and In Somalia, the UN recorded over 1,150 that killed hundreds often involved countries like in Burkina Faso, Chad, civilian casualties by mid-November. excessive use of force. For example, in Ethiopia and Mozambique, attacks by Al-Shabaab was responsible for most January the Ethiopian Defence Forces armed groups and communal violence led to deaths, displacements and injuries. Responses by state security forces were marked by widespread human rights violations and crimes under international law.

INDISCRIMINATE AND TARGETED ATTACKS ON CIVILIANS

In Darfur, Sudanese government forces and allied militias carried out unlawful killings, sexual violence, systematic looting, and forced displacements. The destruction of at least 45 villages in Jebel Marra continued into February, and by May over 10,000 people had been forced to flee.

In South Sudan, civilians were killed in sporadic clashes between government and armed forces. Parties to the conflict obstructed humanitarian access, increasing numbers of children were recruited as child soldiers, and conflict- related sexual violence was pervasive Two people walk among the burning rubbles in the Koudoukou market, in the PK5 in Bangui on December – including rape, gang rape and sexual 26, 2019, after clashes erupted between traders and armed groups. ​© FLORENT VERGNES / AFP​

HUMAN RIGHTS IN AFRICA 6 REVIEW OF 2019 Amnesty International killed at least nine people, including conflict continued to enjoy impunity, In Ethiopia, the government has yet three children, during operations and the government continued to block to conduct thorough and impartial to contain ethnic violence in the the establishment of the Hybrid Court investigations into abuses by non-state Amhara Region. The army promised an for South Sudan – an -led actors and security forces – including investigation, but its findings had not judicial mechanism intended to address the killing of protesters and numerous been made public by the year’s end. the legacy of violence and provide justice allegations of torture and other ill- to the conflict’s victims. treatment in prisons. FAILURE TO PROTECT CIVILIANS FROM ABUSES BY ARMED GROUPS In Sudan, the perpetrators of over 16 Limited signs of progress included CAR’s years of serious violations in Darfur – ordinary courts examining some cases Many states as well as international including war crimes, crimes against of abuses by armed groups, while the peacekeepers also failed in their humanity and genocide – were still not Special Criminal Court (SCC) received obligation to protect civilians from war brought to justice. 27 complaints and started investigations. crimes and other serious human rights However, the SCC has yet to issue any violations committed by armed groups As in previous years, there were no arrest warrant or start trials. Additionally, – including killings, torture, abductions genuine steps taken by Nigeria’s the February peace agreement between and mass displacements. government to deliver justice to countless the government and 14 armed groups victims of war crimes and crimes against led to the appointment of alleged In eastern DRC, local police and nearby humanity committed in the northeast by perpetrators within the new government, UN peacekeepers stayed in their camps and its own security forces. and impunity persisted. while armed groups killed at least 70 civilians in Beni during November. Mali’s president promulgated a There was a similarly mixed picture in ‘national reconciliation’ law that the DRC. Military courts heard some rape In Nigeria, security forces failed to UN Independent Expert on the human cases committed in the context of protect civilians in the northeast as rights situation in Mali said could conflict but failed to bring to account Boko Haram carried out over 30 attacks “prevent many victims of serious most high-ranking civilian officials and resulting in at least 378 civilian deaths violations from exercising their rights military officers suspected of committing and the displacement of thousands of to fair and equitable justice, to obtain or sponsoring crimes under international people. Residents of some attacked reparation and to know the truth about law. Several politicians and senior towns and villages reported that Nigerian the violations committed in the past”. officers suspected of violations were security forces had withdrawn their Despite numerous violations and abuses retained in or were appointed to senior protection shortly before the attacks. committed since 2012, there have been positions in state institutions. few trials and fewer convictions. In Cameroon’s Far north region, INTERNATIONAL CRIMINAL COURT civilians protested against the lack of There was also widespread impunity state protection and their feeling of surrounding abuses committed by non- There were developments at the abandonment amidst Boko Haram’s surge state actors, as well as violations by International Criminal Court (ICC) in attacks during which at least 275 state actors – including crackdowns on regarding CAR, Côte d’Ivoire, DRC and people were killed and others mutilated protesters, torture and other attacks on Mali, but little progress on situations in or kidnapped. human rights defenders, civil society Guinea, Nigeria and Sudan. activists, minorities, refugees and migrants. The year started with the Trial Chamber’s IMPUNITY acquittal of former Côte d’Ivoire In Sudan, despite sustained and brutal President Laurent Gbagbo and his former A major reason for the persistent cycle attacks by the security forces against aide Charles Blé Goudé from all charges of armed conflicts and violence in so peaceful protesters – in which 177 of crimes against humanity allegedly many countries was the continuing people were killed, and hundreds more committed in Côte d’Ivoire in 2010 and failure to properly investigate and injured – only one case was brought for 2011. The Prosecutor appealed that hold perpetrators to account for gross trial. In October, Sudan’s new transitional decision. violations and abuses, including crimes government set up an independent under international law. Despite limited committee to investigate the most serious In December, a report from the ICC’s progress in some countries, concrete violations carried out in Khartoum on 3 Office of the Prosecutor confirmed again steps to provide justice to victims were June. However, although the committee that the Nigerian government was failing generally lacking. was expected to publish its report to take meaningful steps to deliver and findings within three months, the justice for war crimes and crimes against In South Sudan, perpetrators of serious deadline was extended. humanity committed by Boko Haram and violations committed during the armed its own security forces during the conflict

HUMAN RIGHTS IN AFRICA 7 REVIEW OF 2019 Amnesty International in northeast Nigeria. However, the Office the case was sent to trial. to disperse peaceful protests resulted in of the Prosecutor did not determine deaths, injuries and unlawful arrests in whether to open an investigation, close In September, the ICC confirmed the several countries. to 10 years after opening a preliminary charges of war crimes and crimes against examination. It nonetheless gave humanity against Al Hassan Ag Abdoul In Sudan, thousands of peaceful indication that this determination will be Aziz Ag Mohamed Ag Mahmoud, former protesters brought an end to decades made in 2020. chief of Islamic police in the Malian city of repression under President Omar of Timbuktu. al-Bashir in April and revived hopes In Sudan, former head of state Omar al- for respect for human rights. But this Bashir was removed from power in April, In November, the ICC sentenced Bosco came at a terrible price. At least 177 but the authorities failed to surrender Ntaganda, former military of people were killed and hundreds more him and three other suspects to the a militia group operating in eastern DRC, injured when security forces used live ICC under arrest warrants for genocide, to 30 years’ imprisonment. In July, he ammunition, tear gas, beatings and crimes against humanity and war crimes had been found guilty of war crimes and arbitrary arrests to break up mass committed in Darfur. crimes against humanity. peaceful protests in Khartoum and elsewhere. There was progress in proceedings regarding CAR. In January, Patrice- REPRESSION OF DISSENT Zimbabwean security forces unleashed Edouard Ngaïssona, leader of an anti- a violent crackdown against people balaka militia group, was transferred CRACKDOWN ON PROTEST protesting fuel price hikes in January – to the ICC for alleged crimes against shooting dead at least 15, wounding 78 humanity and war crimes committed in In over 20 countries, people were denied more and arbitrarily arresting over 1,000. 2013 and 2014. In February, the case their right to peaceful protest – including was joined to another against Alfred through unlawful bans, use of excessive Guinea’s security forces continued to Yekatom, also head of an anti-balaka force, harassment and arbitrary arrests. fuel violence during demonstrations armed group. In December, charges by resorting to excessive use for force. against them were partly confirmed and Use of excessive force and other abuses At least 17 people died (including at

Angolan police severely beating an unarmed peaceful protestor on October 15 in Luanda. © LUSA

HUMAN RIGHTS IN AFRICA 8 REVIEW OF 2019 Amnesty International least 11 people in October and three in the leader of the opposition Movement sentence against human rights defender November) during demonstrations against for the Renaissance of Cameroon. In the Germain Rukuki. a constitutional revision that could allow run-up to April parliamentary elections in After a sham trial in June, a South President Alpha Condé to run for a third Benin, authorities introduced a blanket Sudanese court handed prison sentences term. ban on demonstrations and arrested to six men, including academic and scores of opposition activists. activist Peter Biar Ajak. Between April and June in Benin, security forces killed at least four In the days following Mauritania’s In Mauritania, anti-slavery activist protesters and bystanders. June presidential elections, political Ahmedou Ould Wediaa was arbitrarily activists were arbitrarily arrested, and arrested during a police raid at his home In Angola, police and security forces demonstrations by opposition groups following his criticism of the authorities’ violently broke up protests calling for the contesting the election results were response to election-related protests. In independence of the Cabinda province banned. In Guinea, over 60 members Nigeria, journalists and/or human rights in January and December and made of the pro-democracy movement defenders Omoyele Sowore, Olawale scores of arbitrary arrests. In Chad, 13 National Front for the Defence of the Bakare and Agba Jalingo were arbitrary protesters were beaten and arrested in Constitution suffered arbitrary arrests. arrested and detained on politically April during a peaceful protest against In Mozambique’s October elections, motivated charges. shortages of butane gas. DRC’s police 18 election monitors were arrested and used excessive force to disperse at least placed in extended incommunicado In a positive development, authorities 35 peaceful demonstrations – injuring at detention. in DRC announced in March that over least 90 people and arbitrarily arresting 700 hundred people had been released scores. In South Sudan, protesters in ATTACKS ON HUMAN RIGHTS DEFENDERS AND from prison, and all unofficial detention Juba were prevented from participating OPPOSITION ACTIVISTS centres operated by the National in a peaceful demonstration in May after Intelligence Agency had been closed, the government deployed the military, Widespread repression of dissent also on the president’s orders. Those freed conducted house-to-house searches, and manifested itself through attacks on included several prisoners of conscience threatened protesters. human rights defenders, activists and and others held in prolonged arbitrary civil society organizations. detention. Elsewhere, governments used administrative and other measures to In Equatorial Guinea, harassment, impose unlawful restrictions and bans intimidation and arbitrary detention of FREEDOM OF EXPRESSION AND on peaceful protests. For much of the human rights defenders and activists SHRINKING POLITICAL SPACE year, Nigerian police authorities banned continued. Alfredo Okenve, vice-president peaceful assembly in several states and of the Centre for Development Studies EMERGING REGRESSIVE LAWS restricted access to a popular rallying and Initiatives (CEID) – one of the point for most protests in the capital city country’s few independent human rights Some governments moved to introduce of Abuja. NGOs – was arrested, and the CEID’s new laws to restrict the activities of authorization was revoked by decree. human rights defenders, journalists and In Senegal, restrictive legislation on opponents. the right to freedom of expression and In Zimbabwe, at least 22 human rights peaceful assembly was used, including a defenders, activists, civil society and Côte d’Ivoire in June adopted a new 2011 decree banning assemblies in the opposition leaders were charged by police Criminal Code that threatened to centre of Dakar. In Tanzania and Togo, for their suspected roles in organizing further undermine the right to freedom amendments to existing laws ushered peaceful fuel price protests in January, of expression. It included crimes in more wide-ranging restrictions on while others fled the country. Those of offending the head of state and freedom of association and peaceful arrested included local pastor and activist “publishing data which may undermine assembly. In Guinea, the authorities Evan Mawarire, as well as Zimbabwe public order”. banned over 20 protests on vague, overly Congress of Trade Unions (ZCTU) broad grounds. Secretary General Japhet Moyo and ZCTU In the same month, Burkina Faso President Peter Mutasa. amended its Criminal Code by Crackdowns on protests were particularly introducing overly broad offences that common before, during and after Burundi’s authorities continued to could be used to restrict access to elections. In January, Cameroonian crack down on human rights defenders, information and clamp down on human authorities violently disrupted peaceful activists and civil society organizations. rights defenders, activists, journalists and protests against the 2018 re-election The government suspended civil society bloggers. of President and arbitrarily organization PARCEM, and a court arrested nearly 300 protesters, including upheld the conviction and 32-year prison Guinea in July adopted the Prevention

HUMAN RIGHTS IN AFRICA 9 REVIEW OF 2019 Amnesty International and Repression of Terrorism law that had their accounts closed, Government media closures and contains overly broad provisions that media outlets were bribed to self-censor, suspensions were also common. In could be used to criminalize the and at least eight journalists fled into January, the DRC government shut down legitimate exercise of the right to exile due to threats against their lives. several media outlets in an attempt to freedom of expression. stop the publication of unofficial election In 17 other countries, journalists results and to stem widespread protests In December, the Nigerian National were arbitrarily arrested and detained. over allegations of massive election fraud. Assembly began considering two bills In Nigeria, Amnesty International In May, the Uganda Communications that would severely restrict the right to documented 19 cases of assault, Commission ordered the suspension freedom of expression online, including arbitrary arrests, and detention of of staff at 13 independent radio and one proposing the death penalty for journalists, with many facing trumped- TV stations following their coverage ‘hate speech’. These bills would give the up charges. In South Sudan, at least of the arbitrary arrest of musician and authorities arbitrary powers to shut down 16 media workers were detained, and opposition politician Bobi Wine. Media internet access, limit social media access journalists harassed, including two outlets were also closed down in Ghana, and make criticizing the government female journalists who were assaulted Togo, Tanzania and Zambia. punishable by up to three years in prison. during a meeting addressed by President Salva Kiir. With independent news and opposition MEDIA FREEDOM opinion increasingly forced to migrate Mozambican journalist Amade Abubacar online, so too did government In at least 25 countries – more than was arrested and held for months in pre- restrictions. Internet shutdowns were two thirds of those monitored – media trial detention. In Tanzania, investigative ordered in Zimbabwe during the January freedom was curtailed and journalists journalist Erick Kabendera and two other fuel protests, and in Benin, DRC and faced criminalization. journalists were arbitrarily arrested on Mauritania during and after elections. fabricated charges. Four journalists and In July, Chad’s president announced he The situation in Somalia was particularly their driver were arrested in Burundi as had asked the relevant internet service severe. Journalists were routinely beaten, they travelled to investigate reports of providers to lift restrictions on social threatened and subjected to arbitrary clashes between an armed group and media networks. The authorities had arrests by security forces in south state security forces. previously denied being the cause of the central Somalia and in Puntland. Armed blockages implemented since 2018. group Al-Shabaab killed two journalists In Sierra Leone, public officials and targeted others with violence, continued to use the Public Order Act to intimidation and threats. Journalists also silence journalists, activists and others.

Mourners stand beside the grave of slain Ghanaian investigative journalist Ahmed Husein Suale during his funeral in , on January 18, 2019. - The 34-year-old reporter was gunned down as he returned to his home in the Madina area of the capital, Accra, in the night of January 16, in a killing that sparked outrage. Husein was part of an investigative team that lifted the lid on graft in the sport last year, which led to the sanction of a string of top officials, coaches and referees.​ © RUTH MCDOWALL/AFP via Getty Images

HUMAN RIGHTS IN AFRICA 10 REVIEW OF 2019 Amnesty International REFUGEES, MIGRANTS AND DISPLACED appeals and reviews. Xenophobic violence old man was mutilated and murdered in PEOPLE in August and September resulted in the front of his 9-year-old son in January. killing of at least 12 people, comprised A 14-year-old boy was abducted in Protracted conflicts – along with recurring of locals and foreigners, partly driven by February and remained missing. humanitarian crises and persistent years of impunity for past attacks. human rights violations – forced In July, the Parliamentary Forum of hundreds of thousands of people to flee the Southern African Development their homes in search of protection. DISCRIMINATION AND MARGINALIZATION Community adopted a motion condemning attacks, abductions, killings In Somalia, over 300,000 people Discrimination, marginalization and and discrimination against people with were internally displaced because violence against women and girls – albinism across the region. of conflict, droughts and floods, and often arising from cultural traditions barriers to accessing humanitarian aid. and institutionalized by unjust laws – RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER Other internal displacements included continued in several countries. AND INTERSEX PEOPLE 700,000 people in Cameroon’s north- west and south-west regions due to Women and girls were subjected to rape Lesbian, gay, bisexual, transgender insecurity and more than 270,000 in the and other forms of sexual and gender- and intersex (LGBTI) people faced Far north due to Boko Haram attacks. based violence in many countries, discrimination, prosecution, harassment There were similar patterns of internal including Burundi, Cameroon, CAR, DRC, and violence including in Angola, displacements elsewhere: 600,000 in Nigeria, Sierra Leone, Somalia, South Eswatini, Ghana, Guinea, Nigeria, CAR; over half a million in Burkina Faso; Africa, South Sudan and Sudan. Senegal, Sierra Leone, Tanzania and more than 222,000 in Chad; and more Uganda. than 200,000 in Mali. Some limited progress was made in Sierra Leone with passage of a new law In Nigeria, there were widespread arrests Refugees and migrants fleeing to providing that all sexual-offence cases of gay, lesbian and bisexual people, and neighbouring countries sometimes would now proceed directly to the High in December, 47 men went on trial in faced abuses, violations and forced Court. charged with public displays of repatriation. affection with members of the same sex. Pregnant girls continued to be excluded Rwanda hosted around 150,000 refugees from schools, including in Equatorial In Senegal, at least 11 people were and asylum-seekers, primarily from Guinea, Sierra Leone and Tanzania. There arrested on the basis of their real or Burundi and DRC. By the year’s end, no was a glimmer of hope when a December perceived sexual orientation and gender one had been brought to justice for three ruling by the Economic Community of identity. Nine of them were sentenced incidents in 2018 in which Rwandan West African States’ (ECOWAS) Court to between six months and five years’ security forces opened fire on protesting of Justice rejected Sierra Leone’s 2015 imprisonment. In Uganda, police refugees – causing the deaths of at least ban on pregnant girls from sitting exams arrested 16 LGBTI activists in October 11 Congolese refugees and scores of and attending mainstream school as and subjected them to forced anal injuries. amounting to discrimination. examinations. In Tanzania, six health centres working to support the rights Tanzania’s government continued to There were some advances to protect of LGBTI people were closed down pressure over 160,000 Burundian women and girls from discrimination. after some were accused of “promoting refugees and asylum-seekers into In November, Sudan’s transitional unethical acts”. returning to Burundi, despite that government repealed restrictive public country’s ongoing serious violations order laws governing women’s presence Positively, the Angolan parliament against real or perceived opposition in public spaces. Ghana introduced an adopted a new penal code supporters, including returning refugees. Affirmative Action Bill seeking a 50% decriminalizing same-sex relationships, Pressure increased in August when the representation of women in public and Botswana’s High Court handed government signed a bilateral agreement positions of power; however, despite down a groundbreaking judgement with Burundi to return refugees “whether strong advocacy from local women’s decriminalizing same-sex relations voluntarily or not”. rights groups, this had not passed into between consenting adults. law by the year’s end. South Africa’s failing asylum management system left hundreds of PEOPLE WITH ALBINISM LIVELIHOOD, EDUCATION AND HEALTH thousands of applicants without proper CARE documentation. There was a 96% Superstitions about the magical powers rejection rate of asylum applications of people with albinism continued to fuel Many governments failed to protect and and a backlog of an estimated 190,000 attacks on them. In Malawi, a 60-year- fulfil the rights to health care, education

HUMAN RIGHTS IN AFRICA 11 REVIEW OF 2019 Amnesty International and an adequate standard of living, understaffing in support centres for rape In August, Zimbabwe’s president including housing. survivors. promised the country would ratify the African Court Protocol, but this had not LIVELIHOODS UNDER THREAT ACCESS TO EDUCATION been done by the year’s end. Tanzania withdrew the right of individuals and In Angola, large-scale diversion of Access to education in countries affected NGOs to directly file cases against it at land for commercial cattle ranching by armed conflicts was particularly the African Court on Human and Peoples’ ¬took place without consultation or problematic. In Mali, 920 schools were Rights, in a cynical attempt to evade compensation for traditional pastoralists. closed by June after attacks on teachers accountability. This meant their cattle went hungry and and facilities. In Cameroon’s conflict- pastoralist communities were faced with ridden north-west and south-west, by Despite facing many challenges, the food insecurity and hunger. December just 17% of schools were ACHPR and ACERWC registered relatively functional and just 29% of teachers were impressive records in developing new In southern DRC, an accident that killed able to work, according to the UN. In human rights standards and norms, 43 artisanal miners and the deployment Burkina Faso, attacks by armed groups including the ACHPR General Comment of the army to two massive copper and caused the closure of 2,087 schools No. 5 on the Right to Movement. cobalt mines exposed DRC’s weak mining affecting more than 300,000 students regulations and poor human rights and 9,000 teachers. protections. In CAR, a parliamentary LOOKING AHEAD report revealed a mining company’s On the positive side, the DRC government responsibility involving pollution of a introduced free primary education – a Africa faces numerous human rights local river. right enshrined in the Constitution – challenges. Protecting civilians in armed benefitting millions of children. However, conflict, freeing human rights defenders FORCED EVICTIONS progress was hindered by poor planning and activists from repression, opening and infrastructure, and insufficient up political space for dialogue, tackling In countries including Eswatini, Nigeria, funding. discrimination and violence against Uganda and Zimbabwe, the right to women and minorities, and safeguarding adequate housing was violated by vulnerable people’s economic, social and forced evictions. Thousands of people REGIONAL HUMAN RIGHTS BODIES cultural rights are just some of them. were evicted without due process, compensation or other remedy. For Compliance with decisions of regional But if 2019 taught us anything, it is that example, over the year the Nigerian bodies remained low, and these bodies accountability and justice are at the heart government evicted more than 20 were repeatedly frustrated by member of any meaningful solutions as is the communities in . states’ lack of co-operation or attempts power and resilience of people to bring to undermine the regional bodies’ about positive and meaningful human In Eswatini, hundreds of people remained independence and autonomy. rights changes. at risk of forced evictions. In a meeting with Amnesty International in May, A handful of countries submitted state The African Union has declared 2020 the government pledged to introduce a party reports to the African Commission the year of “Silencing the Guns” but moratorium on all evictions but had not on Human and Peoples’ Rights (ACHPR) the goal of ridding Africa of conflict announced it by the year’s end. and the African Committee of Experts is still a long way off. This can only on the Rights and Welfare of the Child be reached by ending the widespread ACCESS TO HEALTH CARE (ACERWC) – but only after years of delay. culture of impunity and ensuring justice Most member states receiving requests and reparations for the victims of gross The right to health care was under for urgent appeals and provisional human rights violations and abuses. extreme threat in countries including measures did not respond even though Burundi, DRC, Madagascar and these requests concerned cases Zimbabwe. In DRC, at least 1,680 people presenting a danger of irreparable harm. died of Ebola, 5,000 of measles and 260 of cholera. In Burundi, over 3,100 Only a few member states accepted people died of malaria. Cameroon’s requests from the regional bodies armed conflict led to the destruction of to conduct country visits, but none several health care facilities. facilitated an actual undertaking of these visits in 2019, and not a single country In South Africa, there were widespread issued a standing invitation to the reports of shortages in contraceptives ACHPR or ACERWC. and antiretroviral medicines as well as

HUMAN RIGHTS IN AFRICA 12 REVIEW OF 2019 Amnesty International Traditional cattle breeders serving water to their cattle in the Gambos municipality, Huila province, Angola. © Amnesty International

Lunda Norte and Lunda Sul. While ANGOLA BACKGROUND LGBTI rights enjoyed better protections in the legislation, in practice people in The beginning of João Lourenço’s Republic of Angola consensual same-sex relations continue Head of state and government: João Lourenço presidency was buoyed by a palpable to face discrimination. air of hope and optimism about the prospects for human rights protection The increase in the oil price on the Freedom of expression and peaceful in the country. Under his administration international market has not made a assembly continued to be undermined, Angola saw some positive developments, dent on the ongoing economic crisis that despite the initial signs of progress. Land including several peaceful protests held disputes due to largescale acquisition without repression, the acquittal of two continued to sustain popular discontent for private use continued to undermine journalists charged with defaming a with the ruling party, the People’s the right to food and water in rural parts public figure, and the Supreme Court’s Movement for the Liberation of Angola of the country. Failure to fulfill the reversal of wrongful sentencing by a (MPLA), particularly among youth. The right to water in both rural and urban provincial court. However, challenges current economic crisis continued to areas remained as significant as ever. remained. The rights to freedom of inform the government’s development Extrajudicial killings in the diamond expression and peaceful assembly model which emphasizes large-scale fields of Lunda Norte and Lunda Sul remained under threat. Public and land acquisition for private investment, continued with impunity. The rights of private security forces engaged in putting livelihoods and the right to food LGBTI people remained at risk in practice extrajudicial killings of suspected illegal at risk in rural communities. despite legislative improvements. diamond miners in the provinces of

HUMAN RIGHTS IN AFRICA 13 REVIEW OF 2019 Amnesty International FREEDOM OF EXPRESSION, of the public order authorities. The court In rural areas, the development of ASSOCIATION AND ASSEMBLY fined them 76,000 Kwanzas (about agribusiness, mining, and oil and gas US$206) each as a condition of be set projects directly hampered access to The police and security forces free. safe drinking water.4 The diversion of continued to carry out arbitrary arrests water courses and obstructing access and detentions. Many of the cases of to water bodies including rivers, lakes, arbitrary arrest, detention, torture and LAND DISPUTES AND THE RIGHT TO and springs , by fencing off areas, cut other ill-treatment were against peaceful FOOD many people’s access to water.5 In demonstrators, but security forces Lunda Norte, the mining industry In rural areas the large-scale acquisition also targeted individuals who were not has diverted Kwango River away from of land for private commercial interests involved in the demonstrations. various communities in Kwango, continued with complete disregard for Xamutemba, and Kapenda Kamulemba human rights, and without consultation, 6 Between 28 January and 1 March, the municipalities. Commercial farmers compensation, and environmental and have been allowed to fence off access security forces arbitrarily arrested 62 social impact assessment as national to rivers, lakes and fountains in Curoca people, including activists from the laws require. As a result, and in violation (Cunene), Savate (Kwangar municipality Independence Movement of Cabinda of its national, regional and international in Kwando Kubango) and Luangundo (Movimento Independista de Cabinda obligations, Angola continued to fail (Kwando Kubango).7 Where natural – MIC) and their family members and to protect communities from land water sources were still accessible, they 1 colleagues. Their arrest and detention acquisitions that resulted in their were subject to pollution. For example, were in connection with their involvement inability to produce food for subsistence. oil spills in Cabinda and provinces in a peaceful protest held on 1 February This growing trend aggravated food contaminated water sources, denying to mark the 134th anniversary of the insecurity in rural areas. communities their rights to water and signing of the Treaty of Simulambuco.2 livelihoods.8 On 27 February, the Cabinda High Court In the Gambos municipality, Huila ruled that 51 detainees should remain in province, traditional pastoralists In urban areas, the availability, quality detention while 13 others were released struggled to survive after the government and accessibility of water remained provisionally as their arrest at their diverted without due process 67% precarious for large segments of the homes without a warrant had been illegal. of their communal grazing land for population. Drinking water was mainly On 1 March, activists and family commercial cattle ranching. This change both unavailable and of low quality.9 In members of the 51 remaining detainees eroded their economic, social and April, the Angolan Public Water Supplier gathered to protest their continued cultural resilience, most notably food (EPAL) said it was only able to supply on detention. The police arrived and security. With most of their customary average 500,000 cubic meters of water assaulted the protesters with kicks and grazing land now inaccessible, the per day in Luanda, where the real need punches. The police arrested 11 people pastoralists saw their cattle going hungry, is over 1 million cubic meters per day without a warrant and released them which in turn affected the production of for a population of over 6 million people. hours later without charges. Seven of dairy products on which the pastoralists In Luanda province, the real need is 1.2 those arrested were hospitalized due to depend for their daily consumption. million cubic meters of water per day, the police beatings. Faced with hunger and starvation, but EPAL’s capacity was only 516,582 they resorted to consuming wild leaves cubic meters per day.10 In addition, On 12 September, the police violently which caused them sickness and had a water supply was discriminatory with repressed a peaceful demonstration and particularly negative impact on the health priority given to affluent neighborhoods, detained 23 protestors during President of children and older persons. whereas those on the peripheries Lourenco’s visit in the city of Luena, received their water from mobile vendors Moxico province. This was despite the at extraordinarily higher prices.11 fact that the protestors informed Luena THE RIGHT TO WATER authorities about the planned march on 12 September in terms of the law. The The Constitution of the Republic of Angola and the Water Law declares that, EXTRAJUDICIAL KILLINGS IN THE demonstrators wanted to send a message LUNDAS to the president about allegations of as a natural resource, water is a public corruption, bad government and youth good, the right to which is “inalienable Government and private security forces unemployment in the province. and imprescriptible”.3 However, contrary continued to conduct extrajudicial to both this provision and Angola’s killings of those suspected of illegal On 2 July, seven young people were international human rights obligations, diamond mining. Kwango, Lukapa and arrested and detained after protesting access to drinking water – in terms of Lusage were the most affected with more lack of water in the city of Lobito, availability, quality and accessibility – than 40 people killed by the military in Benguela province. They were remained precarious in both urban and July and August 2019.12 In August, 36 subsequently convicted of disobedience rural areas for large numbers of people. people were killed in Kalonda. Although

HUMAN RIGHTS IN AFRICA 14 REVIEW OF 2019 Amnesty International the traditional authorities asked the violence and to hold the perpetrators After an hour and a half, the men decided Angolan government to intervene to stem accountable. The justice system has poor to leave, fearing that the police were the killings, no action had been taken by infrastructure and lacks adequately trained arriving. Instead of investigating the case to year’s end.13 and qualified personnel, which resulted in identify the aggressors, the police officers cases taking a long time to finalize.14 questioned the women and used derogatory terms to describe their shelter, calling it a RIGHTS OF LESBIAN, GAY, Authorities have still not arrested anyone “prostitution house” because single women in connection with the attack, on 10 July lived there. BISEXUAL, TRANSGENDER AND 2018, against Arquivo de Identidade INTERSEX (LGBTI) PEOPLE Angolano’s shelter for LGBTI people in need of protection, better known as No In January, the Angolan parliament Cúbico, in Luanda. The shelter was invaded adopted a new penal code which by three men armed with knives, fire decriminalises same-sex relationships. guns and a hand hoe.15 Five women were Despite this, LBGTI people continued sleeping in the bedroom when the break in to face discrimination, intimidation and happened. They heard the men shouting harassment by both non-state actors and “Where are they? We are going to kill you!”. state actors. The authorities failed to The women barricaded the door to prevent protect LBGTI people against homophobic the men from breaking into their room.

1. Amnesty International, Angola: Sixty-two activists, protesters arbitrarily held, 12 February 2019, https://www.amnesty.org/en/documents/afr12/9804/2019/en/ 2. The Portuguese Crown and the Cabinda native authorities signed the Treaty of Simulambuco establishing Cabinda as a Protectorate of the Portuguese Crown. 3. Lei de Aguas, nº 6/02, de 21 de Junho, article 5.2: “O direito do Estado relativo às águas, enquanto recurso natural, é inalienável e imprescritível”; Constitution of the Republic of Angola, article 95. 4. Amnesty International, Angola: Land, Basic Rights and Freedoms, 1 March 2019, https://www.amnesty.org/en/documents/afr12/0185/2019/en/. 5. Ibid 6. Ibid 7. Ibid 8. Ibid 9. Fernando Paulo Faria, Water policy in Angola: Some notes on water supplies in Luanda and Benguela, Mulemba: Revista Angolana de Ciencias Sociais 6 (11) (2016), p. 57-83 10. Folha 8, A falta de agua mostra o mau estado deste estado, 2 April 2019, https://jornalf8.net/2019/a-falta-de-agua-mostra-o-mau-estado-deste-estado/. 11. Angop, Angola: Expert warns of drinking water quality, 20 Sep 2016, http://www.angop.ao/angola/en_us/noticias/sociedade/2016/8/38/Angola-Expert-warns-drinking- water-quality,4526a43e-9c02-4215-aa28-6549f8d6fe79.html. In March 2019. Amnesty International also interviewed civil society representatives from all over the country in Luanda. The problem of water supply in Angola is widely known and acknowledged. 12. VOA, Autoridades tradicionais denunciam mortes nas Lundas, 26 August, https://www.voaportugues.com/a/5057499.html. 13. VOA, Autoridades tradicionais denunciam mortes nas Lundas, 26 August, https://www.voaportugues.com/a/5057499.html. 14. Wilson A. Adão, A crise no sistema judicial em Angola, Club-K, 04 October 2019, https://club-k.net/index.php?option=com_content&view=article&id=37736:a-crise-no- sistema-judicial-em-angola-wilson-a-adao&catid=17&Itemid=1067&lang=pt. 15. Arquivo de Identidade Angolano, Um relato sobre Lesbofobia em Luanda, 15 August 2018, https://www.aia-ao.org/single-post/2018/08/15/UM-RELATO-SOBRE- LESBOFOBIA-EM-LUANDA

HUMAN RIGHTS IN AFRICA 15 REVIEW OF 2019 Amnesty International Amnesty International members and volunteers gather in Cotonou to ask for justice for Prudence Amoussou, a mother of 7 who died from a gunshot wound sustained during the demonstrations that followed controversial legislative elections in Benin in May 2019. © Amnesty International

their candidacies on 5 March for April to two months in prison for having BENIN noncompliance with the 2018 electoral called for an unauthorized protest. code. CENA’s decision was upheld by the Yibatou Sani Glélé, a member of the Republic of Benin Constitutional Court on 13 March. opposition Democratic Renewal Party Head of state and government: Patrice Talon (Parti du renouveau démocratique, PRD) and then a member of the National Assembly, was arrested along with National authorities undermined FREEDOMS OF EXPRESSION AND ASSEMBLY another member of her party on 23 April freedoms of expression and peaceful at a rally with women at the Ouando assembly in the context of the legislative BAN OF DEMONSTRATIONS market in Porto-Novo. These people were elections. Security forces used excessive peacefully demonstrating against the force against protesters with complete Local authorities introduced a blanket exclusion of the PRD from the legislative impunity. Some demonstrators or ban on demonstrations during the pre- elections. The two were charged with bystanders were killed, while many others electoral period, including in the city organizing and inciting an unauthorized were arbitrarily arrested and detained. of Parakou and in the departments of protest. They were released the same Collines and Zou. evening and summoned to court.

BACKGROUND MASS ARRESTS OF DEMONSTRATORS On 28 May, a judge decided to maintain in pre-trial detention 60 people charged The exclusion of opposition groups from Scores of political activists, including with violence and assault, participation the parliamentary elections held on political opposition members, were in an armed gathering, and direct 28 April fueled political tensions and arrested in the context of the legislative incitement to an armed crowd. They were protests across the country. Opposition elections. Among them, Joseph Aïmasse, detained without trial for several months groups were barred from running because a member of the Union’s Confederation and all released on 8 November after the the National Autonomous Electoral of Workers in Benin (Confédération adoption of an amnesty law. Commission (Commission électorale syndicale des travailleurs du Bénin) was nationale autonome, CENA) invalidated arrested on 28 March and sentenced in On 22 June, former president Boni Yayi

HUMAN RIGHTS IN AFRICA 16 REVIEW OF 2019 Amnesty International fled the country after his house has been electronic means” by a court in Benin on protesters, from prosecution. surrounded by soldiers for over 50 days. December 24. He posted tweets quoting Public Prosecutor during the ‘Verifox INTERNET SHUTDOWN Conference’’, on 18 December, hosted by ABUSES BY ARMED GROUPS the French media development agency, On polling day of the parliamentary CFI. Two French tourists were abducted on 1 elections, Internet access was shut down May and their guard was killed while they across the country. were on safari near the border of northern EXCESSIVE USE OF FORCE Benin and southern Burkina Faso. The ARRESTS OF JOURNALISTS tourists and two other hostages were Security forces used tear gas and batons freed 10 days later by French forces in Journalists have been arrested and to disperse peaceful protests organized Burkina Faso. convicted of criminal offences for by opposition parties. The military forces exercising their human rights including were also deployed on some of the the right to freedom of expression and demonstration sites. information. INTERNATIONAL SCRUTINY On 26 February in Kilibo, in Ouesse The UN Committee against Torture, Casimir Kpedjo, editor of the newspaper commune, one person died in clashes Nouvelle Économie, was arrested on between protesters and members of the in its concluding observations of June 18 April following a complaint filed security forces. Between April and June, on the report of Benin, recommended by the legal representative of the state at least four protesters or bystanders that authorities amend the Criminal because he had declared on Facebook were killed by firearms. Kandissounon Code to bring the definition of the that the country’s debt was close to 725 Djayane, a 19-year-old apprentice offence of torture fully in line with million US dollars (about 400 billion welder, died on 2 May in the northern the UN Convention against Torture. CFA francs) and that this went against city of Kandi, a day after he was shot in The Committee recommended that the 2019 finance law. He was charged the abdomen. The same day, 37-year- the authorities conduct thorough with publishing “false information”. old Prudence Amoussou, a mother of and impartial investigations into Released on bail on 23 April, his trial seven, died after being shot during a all allegations of torture and other was postponed many times and then demonstration. Her family was denied ill-treatment. The Committee also scheduled for February 2020. access to her body. Three months later, encouraged the authorities “to carry out the authorities ordered the family to impartial and thorough investigations into On June 19, the High Authority of recover the body, kept at the morgue, and all allegations of excessive use of force, Audiovisual and Communication issued a declaration of death mentioning and to develop clear guidelines on the (Haute autorité de l’audiovisuel et de the cause of death as “due to illness”. use of force and weapons, incorporating la communication, HAAC) notified the principles of lawfulness, necessity Emmanuelle Sodji, journalist for France and proportionality and the precautionary 24, that she was banned from working IMPUNITY principle”. in Benin. This decision followed reports she made on the security situation in the The human rights violations and abuses north. As of November, she couldn’t get by the security forces against protesters her accreditation. In December, radio before and after the legislative elections station Soleil FM, owned by opposition went unpunished. On 24 October, political figure Sébastien Adjavon, has the judge assigned to investigate had to suspend broadcasting, the HAAC unlawful killings perpetrated during considering it couldn’t validate the the demonstrations dismissed the case application to renew its license. arguing that he did not have sufficient information on the alleged perpetrators. Ignace Sossou, a journalist on the news The families of victims were not notified website Bénin Web TV, was prosecuted of the decision. for publishing false information in connection with two articles on tax On 31 October, the National Assembly evasion in Benin. He was convicted on passed an amnesty law for all criminal 12 August for defamation and received offences committed from February to a one month suspended prison sentence June related to the legislative elections and a fine of 500,000 CFA francs (about process. Promulgated on 7 November, 850 US dollars). His lawyers appealed this law effectively shields the members the judgement. Ignace Sossou was of the security forces suspected of being sentenced to 18 months in prison and responsible for human rights violations 300 euros fined for “harassment via and abuses, including the killing of

HUMAN RIGHTS IN AFRICA 17 REVIEW OF 2019 Amnesty International An activist holds up a rainbow flag to celebrate inside Botswana High Court in on June 11, 2019. - Botswana’s Court ruled on June 11 in favour of decriminalising homosexuality, handing down a landmark verdict greeted with joy by gay rights campaigners. © TSHEKISO TEBALO/AFP via Getty Images

attitudes in accessing basic services, and There remained no law on access BOTSWANA that there was limited access to health to information, despite demands care for children living in remote areas from journalists. The 2008 Media Republic of Botswana and children without identity documents. Practitioners Act (MPA) continued Head of state and government: to restrict journalists’ work, access to information and media freedom. Freedom of expression remained MEDIA FREEDOM National organisations such as the Media Institute of (MISA) restricted. The government appealed Journalists continued to be at risk of have denounced a ‘raft of laws that the against a groundbreaking High Court physical abuse, threats and lawsuits. ruling decriminalizing consensual government of Botswana can tap into to impede free flow of information or use to same sex relationships. Unemployment On 17 July, agents from Directorate punish ‘errant’ journalists in the event remained high at 17.7%, and with a Gini of Security Services (DIS) raided the that information deemed ‘protected’ by coefficient of 0.52, Botswana’s income home of Mmegi journalist Tsaone these laws was published’1 inequality is one of the highest in the Basimanebotlhe and confiscated , including world. computers and her mobile phone. the National Security Act, the Sediment The agents reportedly informed Act, the Protected Areas Act and the Basimanebotlhe that they were Cybercrimes and Computer Related Act INTERNATIONAL SCRUTINY investigating her in connection with the 2007. In May, the Committee on the Rights ongoing case involving former spy chief of the Child considered Botswana’s Isaac Kgosi in which it is alleged that second and third periodic reports. While Kgosi shared pictures of DIS agents with RIGHTS OF LESBIAN, GAY, recognizing efforts by the government, the Mmegi publication. The Botswana BISEXUAL, TRANSGENDER AND among other things the Committee Editors Forum (EFB) and The Freedom of INTERSEX (LGBTI) PEOPLE expressed concerns that some groups Expression Committee (FEC) condemned of children suffered from discriminatory the raid as harassment and intimidation. On 11 June, the Botswana High Court

HUMAN RIGHTS IN AFRICA 18 REVIEW OF 2019 Amnesty International handed down a ground Breaking overruling a 2003 Appeal Court decision REFUGEES AND ASYLUM SEEKERS judgment decriminalising same-sex that the circumstances and time for decriminalization had not yet arrived. In July the Court of Appeal declared a 2 relations between consenting adults. group of Namibian refugees at the Dukwi The Gaborone High Court found that refugee camp “illegal immigrants.” The sections 164(a), 164(c) and 167 of the DEATH PENALTY refugees had fled to Botswana in 1999, Botswana Penal Code, which criminalized after violent clashes with Namibian ‘Unnatural Offences’ and ‘Indecent On 2 December, Botswana executed government forces broke out over the practices’, were unconstitutional. 44-year-old man, Mooketsi Kgosibodiba, disputed Caprivi Strip. Out of some by hanging. Botswana is the only country 3,000 initial refugees, 709 had remained The provisions criminalized sexual acts in the Southern Africa Development in Botswana. Their leader continued between consenting adults of the same Community that has retained the death to assert that it was not safe for them sex and created a climate in which penalty in law and in practice. In 2018, to return as they belonged to a party people could be discriminated against, Botswana executed two people for banned by . Botswana began the harassed or subjected to violence murder: Joseph Tselayarona in February, repatriation on 17 September, starting 3 with impunity because of their real or and Uyapo Poloko in May. with a group of 94 refugees who were perceived sexual orientation. transported to Namibia. Despite having accepted The court found that these laws were recommendations to take active steps to discriminatory, violated the rights to ensure that public consultations on the privacy, liberty and , and served no abolition of the death penalty are held public interest. and renew the work to hold a national discussion on the death penalty, under In July, the Attorney General, on behalf the UN Universal Periodic Review that of the government, filed an appeal on took place in January 2018, no such several grounds, including that the High debates were organized in 2019. Court had overstepped its boundaries by

1. http://misa.org/wp-content/uploads/2018/05/STID2017_Botswana.pdf 2. Letsweletse Motsidiemang v Attorney General, MAHGB-00591-16 (2019) Also see, https://www.amnesty.org/en/latest/news/2019/06/botswana-decriminalisation-of- consensual-same-sex-relations-should-inspire-other-african-countries/ 3. https://www.amnesty.org/download/Documents/ACT5098702019ENGLISH.PDF

HUMAN RIGHTS IN AFRICA 19 REVIEW OF 2019 Amnesty International A girl looks at the window of her classroom in Pissila on January 27, 2020. - Barsalogho is a small town in northern Burkina Faso that hosts 10,000 displaced persons and refugees fleeing the resulting attacks by armed groups and inter-community violence. ​© OLYMPIA DE MAISMONT / AFP

ABUSES BY ARMED GROUPS during raids on a market and an artisanal BURKINA FASO mine in Arbinda. On 26-27 October, Armed groups such as Ansarul , gunmen killed at least 15 people in an Republic of Burkina Faso attack on the village of Pobé-Mengao. Head of state: Roch Marc Christian Kaboré the Group for the Support of Islam and Thirty-five individuals, including 31 Head of government: Christophe Dabiré (replaced Paul Kaba , and the Islamic State in the Thieba in January) Greater allegedly conducted most women, and seven members of security of the attacks against the population, and defense forces were killed on 24 including state representatives and December during an attack in Arbinda. Armed groups and security forces traditional chiefs. The Koglweogo committed abuses and human rights and other similar self-defense groups Mining sites were targeted. On 6 violations. New legislation adopted committed human rights abuses. November, 37 workers of the Boungou in the context of security concerns gold mine were killed when their bus restricted freedom of expression. The Fifty individuals were killed and 66 convoy was ambushed by an armed trial regarding the 2015 attempted coup more went missing in a raid led by an group. On 16 January, a Canadian mining ended. Progress was made on protecting armed group on the village of Yirgou in executive was abducted in Tiabongou and women’s sexual and . on 1-2 January, later killed. according to the government. El Hadj Boureima Nadbanka, a Koglweogo leader Religious representatives and sites were BACKGROUND in , was arrested on also attacked. On 31 March, an armed 23 December as part of the investigation group attacked the town of Arbinda The insecurity in northern Burkina Faso into these killings. Also, in Sanmatenga, and killed a local religious leader and spread eastward and led to a spike in at least 29 people were killed on 8 six members of his family. This attack human rights violations and abuses. A September when gunmen attacked a spurred intercommunal clashes in was in force in six of food convoy on the Barsalogho-Guendbila Arbinda and neighboring villages, causing Burkina Faso’s 13 regions. The number road. the deaths of at least 60 people. Also, of people killed in the first half of the in , six congregants year exceeded four times the total for Deadly attacks occurred in Soum ( were killed on 29 April in an attack on 2018. region), a province bordering Mali. On the Protestant church in Silgadji. On 9 June, at least 19 people were killed 12May, six congregants including the

HUMAN RIGHTS IN AFRICA 20 REVIEW OF 2019 Amnesty International priest were killed in the Catholic church two former ministers are also charged access to or dissemination of information in Dablo (Sanmatenga province). A day with complicity in homicide and willful relating to military operations or after, four people were killed during a assault. The trial of Compaoré and the weapons, in order to protect public order Catholic procession in Zimtenga (Bam ministers has been suspended by the or the integrity of the military operations. province). On 11 October, gunmen killed High Court of Justice since June 2017, 16 civilians in an attack on the Grand to revise the statutes of the High Court, On 8 February, Adama “Damiss” Mosque of Salmossi (). after the Constitutional Court judged its Ouedraogo, editor of the newspaper “Le Fourteen congregants were killed on 1 Articles 21 and 33 unconstitutional. The Dossier” was summoned by the High December when an armed group attacked statutes of the High Court have been Authority for Communications after a Protestant church in Hantoukoura revised but the trial has not resumed. the journal shared on social media a (Komondjari province). voice audio disputing the government’s On 4 June, a French Court ordered the narrative about the “neutralization of extradition of François Compaoré, the 146 terrorists” in the communes of Kain, EXTRAJUDICIAL EXECUTIONS former president’s brother, to Burkina Bomboro and Banh and qualifying the Faso, which had issued an international deaths as “extrajudicial killings”. On 5 February, the government arrest warrant in 2017 as part of its announced the ‘’neutralization’’ of 146 investigation into the 1998 murder of On 12 November, web activist Naïm “terrorists” in the northern provinces of journalist Norbert Zongo. Touré was arbitrarily arrested by the Yatenga and Loroum. According to local police, due to “publications on social civil society organization the MBDHP, According to UN Committee against media”, officially. He was released some of these killings may qualify as Torture, 202 people currently detained without having been charged a few days extrajudicial executions. were charged with terrorism but have not later. been tried yet. On 26 December, activist Kémi Seba INTERNALLY DISPLACED PEOPLE received a two-month suspended DETENTION sentence and was fined XOF200,000 By November, over half a million (EUR300) for “public insults” and Burkinabè were internally displaced, Overcrowding remains a major issue “contempt towards the president and according to government and UN data. in detention centers, with a rate of foreign heads of state” after a public Oudalan, Bam, Soum and Sanmatenga occupation at 180% nationwide (and conference in Ouagadougou. provinces, where 53% of the country’s 372% in Bobo-Dioulasso), along with total violent events occurred in 2019, the high rate of pre-trial detention hosted 76% of internally displaced (38%). Eleven people died on 15 July WOMEN’S RIGHTS people according to the UNHCR. while in custody at the national police anti-drug unit in Ouagadougou. As a In June, the government agreed to result, nine police officers were indicted provide free family planning services, JUSTICE SYSTEM for manslaughter and failure to assist a including contraceptives and medical person in danger. Courts continued using consultations. This decision aimed to General Gilbert Diendéré and General the “order to hold available” which allows remove barriers that women and girls Djibril Bassolé were sentenced them to detain people without charge, face in accessing sexual and reproductive respectively to 20 years and 10 years in in violation of international fair trial health information, goods and services. prison, for their roles in the attempted standards. coup against the transitional government in September 2015. Diendéré and 23 RIGHT TO EDUCATION others are awaiting trial for their role in FREEDOM OF EXPRESSION the killing of former President Thomas The right to education was undermined Sankara in 1987. He is charged for Burkina Faso amended its Criminal Code by the security situation in the country. “assault, assassination and possession of in June by adopting a new law no.044- Armed groups attacked schools and a dead body”. 2019/AN. teachers, denying thousands of students access to education. The attacks led to Former President Blaise Compaoré The law contains overly broad offences the closure of 2,087 schools affecting remained in exile. He is charged which could be used to clampdown on 303,090 students and 9,264 teachers, with “willful assault, complicity in human rights defenders, journalists, as of 19 December, according to the assault, assassination and complicity and bloggers, and restrict access to Ministry of Education, Literacy and the in assassination” after 33 people were information. Article 312-11 criminalizes Promotion of National Languages. killed and 88 were injured during mass any acts that may “demoralize” security protests on 29 October 2014. Thirty- forces, while other articles restrict

HUMAN RIGHTS IN AFRICA 21 REVIEW OF 2019 Amnesty International Four journalists of the Burundi’s independent media Iwacu Press Group:(L to R) Agnes Ndirubusa, Christine Kamikazi, Egide Harerimana, Terence Mpozenzi, and the driver Adolphe Masabarakiza appear at the High Court in Bubanza, western Burundi, on December 30, 2019 for complicity in endangering the internal security of the state. The Burundian prosecution demanded 15 years in prison against four journalists and their driver arrested on October 22, 2019, while covering the incursion of Burundian rebels from the neighbouring Democratic Republic of Congo (DRC). © TCHANDROU NITANGA/AFP via Getty Images

BURUNDI BACKGROUND HUMAN RIGHTS DEFENDERS In the 2018 referendum, Burundians The authorities continued to crack down Republic of Burundi voted to adopt a new Constitution on the work of human rights defenders Head of state and government: Pierre Nkurunziza which included the creation of a prime and civil society organizations including ministerial role and changed the rules on by subjecting them to prosecution and Serious human rights violations and presidential term limits. Under the new lengthy prison terms. abuses persisted, with politically Constitution, presidential terms increased motivated attacks on opponents in the from five to seven years, and presidents Nestor Nibitanga, a former regional run-up to the 2020 elections. There were limited to two consecutive terms observer for the Association for the were severe restrictions on the rights to in office, rather than two terms in total, Protection of Human Rights and freedom of expression and association. allowing individuals to rerun at a later Detained Persons (APRODH) remained in Media workers, political opponents and date. The President said he would Murembwe prison in Rumonge serving a human rights defenders were among not run for another term in the 2020 five-year prison sentence passed to him those particularly targeted. Members elections. by the Mukaza tribunal in Bujumbura of the Imbonerakure (the ruling party’s in August 2018 for “threatening state youth wing) were suspected to be There were isolated armed attacks in security”. The court found him guilty the main perpetrators of violations border areas during 2018 and 2019. In of compiling reports for APRODH after and abuses, as well as the National May 2018, at least 26 people, including the government closed the organization. Intelligence Service (SNR) and police. children, were killed in an attack, However, Nestor Nibitanga stated that a Discriminatory measures were imposed believed to be carried out by rebels based report found on a USB disk at the time of on women and girls, who were also in the neighbouring Democratic Republic his arrest was not prepared for APRODH, subjected to sexual violence mainly of the Congo (DRC), on Ruhagarika but for a human rights network he was by state actors. The humanitarian village in Cibitoke. In October 2019, an working with and which the government situation remained dire and millions who armed opposition group clashed with recognized. faced food insecurity were in need of security forces in Bubanza province. humanitarian assistance. Emmanuel Nshimirimana, Aimé Constant Gatore and Marius Nizigiyimana, members of PARCEM, a civil society

HUMAN RIGHTS IN AFRICA 22 REVIEW OF 2019 Amnesty International organization, were finally released from Seven secondary school children were FREEDOM OF ASSOCIATION Mpimba prison in Bujumbura in March arrested on the order of the local after the Ntahangwa Court of Appeal prosecutor in March in Kirundo province, Opposition members and perceived overturned their convictions on appeal accused of defacing a photo of the government opponents continued to in December 2018. They had been President in their textbooks. Three of face attacks by the authorities and arrested in 2017 while organizing a them were charged with” insulting the ruling party members. Members of the human rights workshop and, in March head of state”. They were all released National Congress for Freedom (CNL) 2018, were sentenced to 10 years’ after a few days in detention and five of were particularly targeted. Members of imprisonment for “threatening state them were expelled from school. the Imbonerakure, the ruling party’s security”. In June 2019, the government youth wing, killed, arbitrarily arrested and suspended the organization accusing it of In March, the National Communication attacked dozens of CNL members, and having deviated from its objectives and Council (CNC) withdrew the BBC’s destroyed local party offices throughout “tarnishing the image of Burundi” and its licence to operate. It also extended an the country. leaders with the aim of disturbing “peace existing suspension against Voice of and public order”. America (VOA) “until further notice”. VOA Following the temporary suspension and the BBC’s permission to broadcast of almost all international NGOs in In July, the Ntahangwa Court of Appeal was initially suspended in 2018, a few September 2018, several organizations upheld the conviction against Germain days before the referendum. Under the closed their operations rather than Rukuki, a former employee of the suspension, journalists inside the country provide data on the ethnic identities of banned human rights organization were forbidden from sharing information their national staff. In October 2018, the ACAT-Burundi (Action by for with the BBC or VOA that they could Interior Minister told NGO representatives the Abolition of Torture). He was found broadcast. that only NGOs running hospitals and guilty of “threatening state security” schools would be exempt from the and sentenced to 32 years in prison in Iwacu Press Group journalists, Agnès suspension initially announced by the 2018, in connection with his human Ndirubusa, Christine Kamikazi, Egide National Security Council, and that rights work. Evidence presented against Harerimana and Térence Mpozenzi, and organizations would need to demonstrate him included his email correspondence their driver Adolphe Masabarakiza, were that they conformed with the 2017 Law with ACAT-Burundi staff, sent before the arrested by police when they travelled on Foreign NGOs. organization was suspended. to Bubanza province on 22 October to investigate reports of an armed attack. In September, the UN Commission On 31 October they were charged with REFUGEES AND ASYLUM-SEEKERS of Inquiry on Burundi (mandated to “complicity in threatening state security”. investigate human rights violations and Adolphe Masabarakiza was provisionally Burundian refugees and asylum-seekers abuses committed since April 2015) released on 20 November, but the others faced increasing pressure to return to published new information about human remained in Bubanza prison. A private Burundi, particularly in Tanzania which rights defender Marie Claudette Kwizera joke sent by one of them over WhatsApp hosted half of the more than 300,000 who was forcibly disappeared in 2015. to another journalist – that they were people displaced from Burundi, along The information suggested she had been “going to support the rebels” – was with Rwanda, the DRC and Uganda. In taken to the SNR offices soon after her presented by the prosecution as evidence August, the Burundian and Tanzanian disappearance before being moved to during their trial in December. In governments signed a bilateral another location several days later where response, the defence presented another agreement, without the participation she was extrajudicially executed. satirical message sent by the same of UNHCR, the UN refugee agency, journalist, saying that they were going to increase returns of refugees from “to deal with these people who want to Tanzania to Burundi “whether voluntarily FREEDOM OF EXPRESSION disturb the peace and the elections.” The or not”. While UNHCR continued to prosecution requested a 15-year prison provide financial and logistical support Severe restrictions on the rights to sentence. for returns to Burundi, the agency freedom of expression and access to maintained that conditions in Burundi information continued. Media workers Also, in October, the CNC issued a were not yet conducive to promoting were targeted and frequently prevented new media code of conduct for the returns. from carrying out their work. Many election period. The code forbade journalists remained in exile while those the use of survey data as a source of working inside the country faced serious information and prevented journalists and IMPUNITY restrictions which impeded their ability broadcasters from publishing election to report on human rights violations and results other than those published by Four Imbonerakure members were abuses and security-related issues. the Independent National Electoral convicted in October for killing an Commission or its subsidiaries. opposition member in Muyinga province

HUMAN RIGHTS IN AFRICA 23 REVIEW OF 2019 Amnesty International and were given life sentences. However, SEXUAL AND GENDER-BASED curfew, after which women were not most politically motivated crimes, VIOLENCE allowed to enter markets or bars unless committed by the Imbonerakure, accompanied by their husbands. continued to go unpunished. The UN Commission of Inquiry on Burundi documented numerous cases of sexual violence. They found that the RIGHTS TO HEALTH AND FOOD INTERNATIONAL SCRUTINY majority of sexual violence cases reported to them between 2018 and 2019 were The humanitarian situation remained The UN Office of the High Commissioner committed in rural areas, marking a dire. The World Health Organization for Human Rights closed its office in change from 2015/2016 trends. The reported that there were more than Burundi in February after operating Commission found that most of the 8.5 million cases of malaria from for over 20 years. The government attacks were committed by state actors, which 3,170 people died during the suspended co-operation with the office in or with their direct or tacit consent, and year. Over 1.7 million people faced 2016 and in December 2018 ordered its that the Imbonerakure used rape, and food insecurity out of a population of closure. in particular gang rape, to intimidate approximately 11 million. Despite these or punish victims for their perceived economic challenges, which pre-date the The government continued to refuse political views. current crisis, the government collected access to the country for members of the ‘voluntary’ contributions towards the UN Commission of Inquiry on Burundi. 2020 elections and put heavy restrictions It threatened them with prosecution in WOMEN’S RIGHTS on international organizations, including 2018 after the Commission published a those providing humanitarian assistance. report, in September of that year, which Discriminatory restrictions were criticized the government. imposed on women and girls’ right to The African Union continued to deploy freedom of movement. In May, the local human rights monitors in Burundi but did administrator of Musongati commune, not publish any findings. Rutana province, imposed a 7PM

HUMAN RIGHTS IN AFRICA 24 REVIEW OF 2019 Amnesty International A destroyed car and buildings in a small town on the main highway on May 11,2019 near Buea. These towns were attacked by the military as suspected armed militants or protestors were known to live. © Giles Clarke/UNOCHA

and abuses. From 30 September to 4 September, a video was posted on social CAMEROON October, the authorities organized a media showing hooded men beheading a Republic of Cameroon “major national dialogue”, which aimed woman who worked as a wardress at the Head of state: Paul Biya at addressing the root causes of the Bamenda Central Prison. They were also Head of government: Joseph Dion Ngute (replaced crisis and finding solutions to peace responsible for numerous abductions of Philémon Yang in January) and reconciliation. In the Far North students, journalists and humanitarian region, civilians were victims of a surge workers. In February, the president of Armed groups and security forces in attacks by armed groups related to the Cameroon Association of English continued to commit human rights Boko Haram. In Yaoundé and other main Speaking Journalists was abducted by abuses and violations in the context cities, peaceful protests held by political separatist fighters in the city of Bamenda of the and the fight activists to contest alleged irregularities after he criticized their call for families against Boko Haram in the Far North. in the 2018 electoral process that led to not to send their children to school. The number of internally displaced the reelection of President Biya for a 7th In September, a local radio in Buea people rose and hundreds of thousands term, were severely repressed. (South-West) was attacked and the radio of children were prevented from going to presenter, Mary Namondo, was abducted. school. The authorities repressed dissent. In October, armed groups also abducted ABUSES BY ARMED GROUPS ten workers of two UN implementing NORTH-WEST AND SOUTH-WEST partners in Tubah subdivision, all were BACKGROUND REGIONS later released.

Cameroon faced three major crisis which Separatist armed groups continued to caused numerous violations and abuses kill security forces and to commit serious FAR NORTH REGION of human rights. In the English-speaking abuses against the population. They were regions of North-West and South-West, responsible for unlawful killings, often Positive developments in recent years separatists armed groups, who emerged involving mutilations. They targeted civil have been called into question by a after the repression of peaceful protests servants, ordinary people who failed to surge in attacks by armed groups related against allegations of discrimination in respect “ghost town” and instructions to to Boko Haram in the Far North region. 2016, and security forces, continued to close schools and relatives of members Between January and November, 275 commit serious human rights violations of defense and security forces. In people were killed during attacks,

HUMAN RIGHTS IN AFRICA 25 REVIEW OF 2019 Amnesty International according to data collected by Amnesty from president Paul Biya informed Maurice Kamto and 102 other persons International. Out of the total number, that he ordered the discontinuance of were released. 225 were civilians. The canton of Tourou, proceedings pending before military which includes 16 villages, suffered at tribunals against 333 persons arrested least sixteen incursions during which and detained in the context of the crisis TORTURE AND OTHER ILL- six people were killed and several in the North-West and South-West TREATMENT people kidnapped. In Mayo-Tsanaga and regions. Mayo-Sava, attacks most often took the Torture and other ill-treatment against form of deadly raids involving killings, The Yaoundé military court decided detainees were reported. At least 59 abductions, mutilations and lootings. in December that the trial of seven supporters of the MRC - including Members of vigilance committees and the soldiers caught on video carrying out the six women - were subjected to severe elderly or people living with disabilities, killings of two women and two children beatings during their questioning at the were often among the victims. These in Far North Cameroon would be hold Secrétariat d’Etat à la défense (SED). abuses may constitute war crimes. in close doors. Their arrest came on Before releasing them, security forces after Amnesty International experts beat them with sticks and forced them analyzed the video in July 2018 and into humiliating positions. The 59 VIOLATIONS BY SECURITY FORCES shown evidence strongly suggesting the opposition members were arrested on 1 extrajudicial executions were perpetrated June 2019 during a planned peaceful The military committed extrajudicial by Cameroonian soldiers. executions and house destructions protest in the capital Yaoundé. They during their operations in North-West and were brought to the SED for questioning South-West, as reported by the UN and FREEDOMS OF EXPRESSION AND about the protest, tortured and arbitrarily international and local NGOs. ASSEMBLY detained by security forces, who also warned them against participating in On 31 October, the president of the Cameroonian authorities blatantly another protest scheduled a week later. of America terminated violated the rights to freedom of the designation of Cameroon as a expression and peaceful assembly, in beneficiary under the African Growth and particular to stop and violently disrupt RIGHTS TO HEALTH AND EDUCATION Opportunity Act (AGOA), considering that any protest against the reelection of Cameroon failed to address concerns President Paul Biya. The crisis in North-West and South-West regarding persistent human rights led to the destruction of healthcare violations being committed by security In January, nearly 300 protesters were facilities, impacting the ability of people forces. Traditional authorities accused arbitrarily arrested during peaceful to access health care. On 30 October, the Rapid Intervention Battalion (BIR) demonstrations, among whom the during fights between military men and of having forcefully entered the Royal opposition leader Maurice Kamto, head armed groups, the Integrated Health Palace in Bafut (North-West), wounding of the Cameroon Renaissance Movement Facility in Tole (South-West) was burnt people and looting the place on 24 (Mouvement pour la Renaissance du down. In December, health actors September. According to the UN, burning Cameroun, MRC), who claimed victory recorded three attacks on healthcare of houses predominantly associated with at the presidential election of October facilities in Ekondo-Titi (South-West), Cameroon military represented 35.5% of 2018. In February, Maurice Kamto and Idenau (South-West) and BuaBua (North- the 1,790 protection incidents registered other members of the MRC were charged West). As of December, 17 % of schools in October. by a military court for hostility against were functional and 29% of teachers the homeland, incitement to insurrection, were able to work, according to the UN. offense against the president of the JUSTICE republic, destruction of public buildings and goods. On 20 August, self-proclaimed president INTERNALLY DISPLACED PEOPLE of “” Julius Ayuk Tabe and On 1 and 8 June, more than 200 people nine of his followers were sentenced who were demonstrating in different As of 31 December 2019, around by a Yaoundé military court to life cities, like in Douala, to protest alleged 700,000 people were internally imprisonment on charges of terrorism electoral irregularities, were arbitrarily displaced in North-West and South-West and secession. They had previously arrested. regions. In the Far North region, the been arrested in Nigeria and sent back number of displaced people (more than to Cameroon on 26 January 2018. A On 4 October, an official press release 270,000) increased in all departments ruling by the Federal High Court of informed that Paul Biya ordered the due to the upsurge in attacks on Abuja (Nigeria) stated in March 2019 discontinuance of proceedings pending inhabitants by armed groups related that these expulsions were illegal and before military tribunals against some to Boko Haram. In the second half of unconstitutional. officials and militants of political parties, the year, around 50 localities were still On 3 October, an official statement in particular of the MRC. On 5 October, deserted.

HUMAN RIGHTS IN AFRICA 26 REVIEW OF 2019 Amnesty International Two people walk among the burning rubbles in the Koudoukou market, in the PK5 district in Bangui on December 26, 2019, after clashes erupted between traders and armed groups. ©​ FLORENT VERGNES / AFP​

agreement, continued to commit serious CENTRAL AFRICAN On 6 February 2019, the government abuses against civilians, including and 14 armed groups signed a political unlawful killings, sexual violence and REPUBLIC agreement for peace and reconciliation illegal taxation. (peace agreement) with the aim of ending Central African Republic a conflict that is plunging the population Between February and October, the Head of state: Barham Ahmed Salih Head of government: Adil Abdul Mahdi into great insecurity. In accordance United Nations Multidimensional with the peace agreement, an inclusive Integrated Stabilization Mission in the government was set up on 03 March, Central African Republic (MINUSCA) Various armed groups committed serious including leaders of armed groups. recorded about 600 cases of violations human rights abuses including unlawful Crimes and serious human rights abuses of international human rights and killings, sexual violence and illegal nevertheless continued to be committed humanitarian law, affecting at least taxation. Armed groups continued to by various armed groups, including the 1000 individuals. Amongst the most profit from the illegal exploitation of ex-Seleka and the anti-balaka, against serious security incidents, elements of natural resources. Impunity persisted civilians and about 80% of the territory is the armed group Retour, Réclamation despite important efforts made at still under control of armed groups. et Réhabilitation (3R), killed at least the national and international levels. 40 people on 21 May in several villages Authorities infringed freedom of ABUSES BY ARMED GROUPS (Lemouna, Koundjiki and Bohong) in assembly. Ouham Pendé province. More than 30 Various armed groups, including those people were killed on 25 December, as BACKGROUND who are signatories of the peace clashes erupted in PK5 neighborhood

HUMAN RIGHTS IN AFRICA 27 REVIEW OF 2019 Amnesty International of Bangui between armed elements and and international judges and staff and government. On the eve of the protest, traders. with an initial mandate of 5 years to which ultimately did not take place, investigate and prosecute crimes under GTSC spokesperson Paul Crescent The UN continued to report many cases international law. Beninga was arrested for allegedly of sexual violence in vast majority threatening state security. He was committed by elements of armed groups. Cases related to the situation in the released on 21 April. The Central African Republic remained Central African Republic were also one of the most dangerous countries brought before the International Criminal for the humanitarian personnel. In Court (ICC). On 23 January, Patrice- In May, a few days after the serious the October report of the Secretary- Edouard Ngaïssona, leader of an anti- human rights abuses committed by General to the Security Council, the UN balaka faction, was transferred to the members of the 3R armed group in recorded between January and August, ICC for alleged crimes against humanity localities of Lemouna, Koundjiki and 188 attacks against humanitarian staff, and war crimes committed in 2013 Bohong (Ouham Pendé province), the offices or goods. In the same period three and 2014. The case was joined on Front Uni pour la Défense de la Nation humanitarian personnel were killed. 20 February to the one against Alfred (United Front for the Defense of the Yekatom, also head of an anti-balaka IMPUNITY armed group, charged with war crimes Nation), a coalition of opposition political and crimes against humanity. On 11 figures and civil society organizations’ Significant efforts were made at December, the ICC issued a decision representatives called for demonstrations national and international levels to partly confirming the charges against on 15, 22 and 29 June to denounce the address chronic impunity for suspected Ngaïssona and Yekatom. Seized in inclusion of representatives of armed perpetrators of serious human rights 2014 by the government, the ICC is groups in the government and the lack violations and abuses in successive competent to investigate and prosecute of results of this measure for peace conflicts since 2003. crimes under international law allegedly and security. The Ministry of Interior committed since 2012 in the Central Although the Central African justice African Republic, in complementarity issued a statement outlining the risk system lacks means and capacity, the and coordination with the SCC. of the presence of terrorists during ordinary courts of Bangui and Bouar held the gatherings and thus banned the criminal sessions and looked into cases In addition, in accordance with the peace demonstrations. Nevertheless, about 100 of human rights abuses committed by agreement, a presidential decree of 8 people demonstrated on 15 June and armed groups. Thus, Colonel Abdoulaye February created an inclusive commission were dispersed by security forces. Alkali-Said, a prominent member of composed of representatives of the armed the Mouvement Patriotique pour la groups that signed the peace agreement ILLEGAL EXPLOITATION OF Centrafrique – (MPC), Seleka armed and national authorities; the commission group, was sentenced on 23 September has to propose recommendations for the RESOURCES during a criminal session in Bangui to six future Truth, Justice, Reparation and years in prison for criminal conspiracy; Reconciliation Commission (TJRRC). The The export of rough diamonds from the charges of war crimes and crimes inclusive commission held its inaugural important part of the territory was still against humanity were dismissed for lack session on 28 May. On 20 June, national suspended, according to the Kimberley of evidence. However, there are some consultations were launched to design Process. Yet armed groups continued serious concerns over due process and the new law establishing the TJRRC. to profit from the illegal exploitation fairness of these proceedings. INTERNALLY DISPLACED PERSONS of natural resources. Clashes between armed groups continued for mine control. The Special Criminal Court (SCC) made noticeable steps towards its Humanitarian access remained extremely operationalization. In a statement of difficult due to insecurity. As of 31 On 13 July, a parliamentary report June, the SCC declared it received 27 October, about 600 000 persons were denounced Chinese mining companies’ complaints; opened preliminary inquiries internally displaced. responsibility in an ecological disaster into 4 ‘incidents’; and received 3 and pollution of the Ouham River in the cases transferred by the ordinary courts FREEDOMS OF EXPRESSION AND region of Bozoum, north-west of Bangui. and which are under analysis by the ASSEMBLY It recommended a judicial investigation investigating chambers. In August, the into possible fraudulent implications case concerning the 21 May killings was On 10 April, the Groupe de Travail also transferred to the SCC. The SCC, de la Société Civile (GTSC) called of politicians and senior officials in established by law in June 2015 and for a demonstration on 15 April to obtaining business licenses. officially inaugurated in October 2018, is protest against the appointment of a “hybrid” jurisdiction, with both national representatives of armed groups in the

HUMAN RIGHTS IN AFRICA 28 REVIEW OF 2019 Amnesty International In the Ouaddai, a transhumance zone and strategic province of Chad on the border with Sudan, populated by various ethnic groups, the violence has taken a community turn that divides as much as it worries.​ © AMAURY HAUCHARD/AFP via Getty Images

elections were postponed to 2020 after Manaye was riding a motorcycle on 4 CHAD having been shelved since 2015 for November when he was shot by the alleged security and financial reasons. police escort of the Speaker of the Republic of Chad National Assembly. He later died of his Head of state and government: Idriss Déby Itno injuries. EXCESSIVE USE OF FORCE Freedom of expression and peaceful assembly were repressed, and the justice Several cases of excessive use of force FREEDOM OF ASSEMBLY system was used to crack down on by defense and security forces were dissent. Several cases of excessive use of reported. Peaceful demonstrations were regularly force by defense and security forces were Defense and security forces opened fire banned or repressed by the authorities. reported. Detention conditions remained on a group of women, wounding 10 of In N’Djamena, 13 protesters from the deplorable. them, during a protest on 23 February in organization Collectif Tchadien Contre Abéché. They were students protesting la Vie Chère were beaten and arrested against the decision to remove the head on 25 April during a peaceful protest BACKGROUND of a school complex in disobedience of against the shortage of butane gas. an earlier court ruling. The demonstration had been banned Armed forces continued to fight Boko by a decree of the Minister of Security. Haram around the Lake Chad region. On 12 September, police in N’Djamena In March, a previous demonstration Deadly clashes occurred between shot a man in the leg, on the pretext that organized by the same organization had farmers and pastoralists in the provinces he had walked in a restricted area. also been banned. of Ouaddaï and Sila. Parliamentary Also, in N’Djamena, Bonheur Mateyan

HUMAN RIGHTS IN AFRICA 29 REVIEW OF 2019 Amnesty International On 1 June in N’Djamena, a press ARBITRARY ARRESTS AND the courtyard of a traditional chief in conference to present the new opposition DETENTION Tatafiromou, in the Kaiga-Kindjiria sub- party Les Transformateurs was banned by prefecture. In September, four civilians the authorities. Police then fired tear gas Defense and security forces committed and three soldiers were killed in two at the party’s parade in town. arbitrary arrests and detention in the separate attacks in Kaiga-Kindjiria and On 18 November, victims and families framework of the state of emergency Medikouta. On 29 October, a doctor, a of victims of former President Hissène declared in the provinces of Ouaddaï and nurse and their driver were kidnapped Habré protested to demand payment of Sila in August, Chadian NGOs reported. in the Tchoukouliya area. In December, their compensation ordered by the Court On 5 November, the indictment division Boko Haram militants killed 14 Chadian of Appeal of N’Djamena on 25 March of the Court of Appeal of N’Djamena civilians and wounded five others in an 2015 but not yet implemented. The released 88 detainees from Amsinene overnight attack on a fishermen’s camp peaceful demonstration they organized prison, some of whom had been held in the northeastern part of Lake Chad. in the capital was repressed by security for more than nine years without a court Four soldiers were killed on 2 December forces, who used tear gas. order. between Ngouboua and Baga Sola. As of November, more than 222,000 people Mahamat Nour Ibédou, the Secretary were displaced in the province du Lac, FREEDOM OF EXPRESSION General of the Chadian Convention representing a 24% rise compared to the for the Defence of Human Rights previous counting by the UN. Freedom of expression continued to be (Convention tchadienne pour la défense violated and abused. des droits de l’Homme), was detained In July, President Déby announced that on 5 December. He initially faced a LAND DISPUTES he had asked the relevant services to lift complaint for defamation - before being the restrictions to social networks on the told that he would face a criminal case, The provinces of Ouaddaï and Sila internet. The authorities had previously the nature of which was not specified experienced violence, aggravated by the denied being the cause of the blockages to him. He was released after the use of weapons of war, between farmers implemented since March 2018. investigating judge dismissed the case. and pastoralists. As a result of clashes, The publishing director of the newspaper some 100 people were killed between Salam Info was sentenced on 23 May and June, Chadian NGOs reported, September to three years in prison by DETENTION and at least 50 in August, according to a N’Djamena court, for “defamation”, the authorities. The latter declared a “malicious and false accusation” and Places of detention continued to be state of emergency in these two provinces “electronic criminal association” for its overcrowded and conditions remained on 20 August, and the National Assembly coverage of the sexual assault charges unhygienic. In October, a mutiny erupted renewed it in September for a period of brought against former Health Minister. in a prison in Abéché, during which four months. at least two detainees were killed and several wounded. In June, an inmate was TORTURE AND OTHER ILL- killed while attempting to escape from TREATMENT Bol prison. In both cases, the detainees protested the conditions of detention and Two deaths were reported as a result of the slow pace of judicial proceedings. torture in police custody. On 25 May, a man taken to the police station in the 7th arrondissement of N’Djamena on theft ABUSES BY ARMED GROUPS charges died after being tortured. On 8 May, Richard Mbaiguedem died after There was an upsurge in armed attacks torture in a police station in the Chadian by Boko Haram against civilians and capital. the military in province du Lac. At the end of March, 23 soldiers were killed in Meanwhile, on 18 May, one policeman an attack on an Army base. A national and two subordinates arrested on 22 television reporter and four soldiers December 2018 for torturing a man to died on 25 May when their vehicle hit a death and broadcasting the video of his landmine and exploded. In June, at least torture on social networks were sentenced 11 soldiers were killed in an attack in the to 10 years in prison. Ngouboua area.

On 14 August, a suicide bomber killed six people by blowing herself up in

HUMAN RIGHTS IN AFRICA 30 REVIEW OF 2019 Amnesty International Forced evictions affect thousands of people who were not informed their homes were going to be destroyed. In some cases, the evictions follow land disputes. People are not offered alternative accommodation, prompting hundreds to sleep in the street.​ © Amnesty International

him. He was charged with attempts to child marriage, as well as the issue of CÔTE D’IVOIRE undermine the authority of the state and “children in street situations”. territorial integrity. In a separate case he Republic of Côte d’Ivoire was also charged for misappropriation Head of state: Alassane Dramane Ouattara of public funds, concealment of Head of government: Amadou Gon Coulibaly LEGAL, CONSTITUTIONAL OR misappropriated public funds and money INSTITUTIONAL DEVELOPMENTS laundering. As of December, he had not Authorities restricted the rights to returned to Côte d’Ivoire. The National Human Rights Council freedom of expression and peaceful became operational in April when its assembly as political tensions rose executive bureau was established. ahead of the 2020 presidential election. INTERNATIONAL SCRUTINY However, concerns remained about the Security forces used excessive force with Council’s ability to exercise its mandate impunity against peaceful protesters. In May, under the UN Universal in full independence. For example, the Political activists, journalists and human Periodic Review, Côte d’Ivoire received nomination process of its members is not rights defenders were arbitrarily arrested recommendations on torture, prison set out in law, members may be revoked and detained. New laws imposed conditions, impunity, and the rights and face criminal charges if they breach sweeping restrictions on human rights, to freedom of expression and peaceful secrecy rules, while other revocation including women’s rights. assembly. Côte d’Ivoire explicitly rejected criteria remain unclear. recommendations aiming to protect On 26 June, Cote d’Ivoire adopted a LGBTI individuals against violence and new Criminal Code which decriminalized BACKGROUND to decriminalize libel and insults against loitering and criminalized slavery, the head of state. torture, rape and domestic violence. Political tensions were rising ahead of However, some definitions fell short of the 2020 presidential election, including The Committee on the Elimination of international standards, particularly for among former allies incumbent President Discrimination against Women (CEDAW) torture, rape and domestic violence. Alassane Ouattara, former President in July expressed concerns about It removed the explicit reference to Henri Konan Bédié and former Prime impunity, the lack of a definition of rape same-sex relations being aggravated Minister Guillaume Soro. and other forms of sexual violence in the circumstances for the offence of public On 23 December, as Guillaume Soro Criminal Code and the failure to adopt indecency, but referred to undefined was returning to Abidjan to start his a comprehensive law covering all forms “unnatural acts”, “offending one’s good campaign for the 2020 presidential of gender-based violence. Meanwhile, morals or the moral sensitivity.” The election after several months outside the the Committee on the Rights of the Code retained provisions which violate country, prosecutors issued a statement Child (CRC) spotlighted the prevalence human rights, including the crimes of announcing an arrest warrant against of female genital mutilation and offending the head of state, publishing

HUMAN RIGHTS IN AFRICA 31 REVIEW OF 2019 Amnesty International false news, abortion and adultery. It also of N’da-kouassikro (Djékanou prefecture) DETENTION created additional overly broad offences against the opening of a gold-mining which may further undermine the rights site. The gendarmes refused to show Prisons in Côte d’Ivoire remained to freedom of expression and peaceful him a warrant and tried to handcuff severely overcrowded and conditions are assembly, such as “uttering offensive” him. He reportedly injured a gendarme inhumane, leading to a high number of online and “publishing data which may as he resisted arrest. He was charged deaths in custody. As of January 2020, undermine public order”. with “incitement and disturbance of public order” and “assault and battery of some 21,326 people were detained The marriage law passed on 26 June sets gendarmes on duty”. As of December, he across 34 prisons in Côte d’Ivoire, with a the minimum marriage age to 18 and remained in detention in Bouaké. combined capacity of only 8,639. Over allows either spouse to manage common 31% were in pre-trial detention. At the property. However, it cites “physical Five members of the Coalition of the MACA, which has capacity for 1,500 incapacity to consummate the marriage” Indignants of Côte d’Ivoire (Coalition prisoners, 7,782 people were detained, and “the impossibility to procreate” des Indignés de Côte d’Ivoire) and one 66% of which were in pretrial detention. as grounds for nullification. It requires journalist were arrested on 23 July women to wait 300 days after their in front of the Independent Election The authorities continued to refuse to marriage has been dissolved before they Commission headquarters ahead of a grant Amnesty International unfettered can remarry. protest. They were questioned without a access to detention centers, despite lawyer and released the next day without multiple requests. charge. FREEDOM OF EXPRESSION On 1 July, activist Valentin Kouassi was Journalists, human rights defenders, arrested by the police and detained at an IMPUNITY activists and opposition members unknown location without access to his continued to face arbitrary arrests, lawyers following a rally he organized on Impunity prevailed for the human detention and deportations for expressing 23 June in the southern town of Adzopé. rights violations and abuses committed dissent. He was charged with public disorder, during and after the 2010 election by released under judicial supervision, and supporters of former President Laurent Between 23 and 31 December, at least prohibited from participating in meetings Gbagbo and President Ouattara. 17 relatives and supporters of Guillaume and from expressing his political views in Soro were arrested and detained. 13 of public or on social media. On 15 January, the International Criminal them, including five parliamentarians, Court acquitted and ordered the release were charged with ‘publishing false On 18 February, academic Joël Dadé of Gbagbo and Charles Blé Goudé after news, undermining public order and the and Professor Johnson Kouassi, the judges found that the Office of the authority of the state’, following a press leader of the National Coordination of Prosecutor had not presented sufficient conference they held on the rerouting of Lecturers-Researchers and Researchers evidence to prove its case beyond the flight of Guillaume Soro. The brother (Coordination nationale des enseignants of Guillaume Soro, Rigobert Soro, was chercheurs et chercheurs, CNEC), were reasonable doubt. The prosecution subjected to enforced disappearance arrested in connection with a December appealed the acquittals in September. for 12 days before being brought to the 2018 strike at Félix Houphouët-Boigny Prosecutor’s office. University. They were charged with In December, Blé Goudé was sentenced disrupting public order, violence and in absentia to 20 years in prison by an Nathalie Yamb, a member of the insults. Their cases were dismissed and Abidjan court on murder, rape and torture opposition party Lider, was deported to they were released on 4 March. charges. Other investigations and judicial Switzerland on 2 December for having proceedings at the national level were participated in “activities undermining delayed due to the 2018 Presidential national interest”. She was detained FREEDOM OF ASSEMBLY ordinance granting amnesty for crimes for 10 hours, did not have adequate committed during the 2010-2011 access to a lawyer, was not handed the Peaceful demonstrations were dispersed election crisis. expulsion order and could not collect her with the use of excessive force by papers and medication. She is Swiss and security forces. On 4 October, security Cameroonian. forces killed one person and injured On 4 April, human rights organizations several others when they opened fire on petitioned the Supreme Court to strike Journalist Konan Yao Hubert was protesters in Djébonoua against the arrest down the amnesty ordinance. arrested by officers of the gendarmerie of an opposition politician. on 4 August, the day after a march he organized. It was a protest in the village

HUMAN RIGHTS IN AFRICA 32 REVIEW OF 2019 Amnesty International Democratic Republic of the Congo’s outgoing President (L) drapes newly inaugurated President Felix on January 24, 2019 with the presidential scarf as he is officially handed over the instruments of power at the Presidency in Kinshasa. - Opposition leader Felix Tshisekedi was sworn in on January 24, 2019 as president of Democratic Republic of Congo, marking the country’s first-ever peaceful handover of power after chaotic and bitterly-disputed elections. Tshisekedi took the oath of office before receiving the national flag and a copy of the constitution from outgoing president Joseph Kabila, stepping aside after 18 years at the helm of sub-Saharan Africa’s biggest country. © TONY KARUMBA/AFP via Getty Images

than 2000 civilian deaths and at least elections took place. The Electoral THE DEMOCRATIC 1 million were forcibly displaced. Commission withdrew the voting While some steps were taken to bring rights of over 1 million people in REPUBLIC perpetrators to justice for conflict- eastern and western areas, on security related human rights abuses, the grounds as well as for health reasons OF CONGO authorities failed to hold to account connected to the Ebola epidemic. The the most senior officials associated decision, which cancelled presidential Democratic Republic of Congo elections and postponed legislative Head of state: Félix-Antoine Tshisekedi Tshilombo (replaced with crimes under international law, Joseph Kabila Kabange in January 2019) and impunity remained widespread. and provincial elections in those areas, Head of government: Sylvestre Ilunga Ilunkamba Most of the population was denied sparked anger among the affected (replaced Nzenzhe in September 2019) basic rights like health, while communities, and intensified the some progress was made when the tensions already surrounding the government introduced free primary elections. Hundreds of prisoners of conscience education for all. and other detainees were released, On 10 January, the Independent and some exiled activists were allowed National Electoral Commission to return to the country. However, released the presidential provisional the authorities continued to restrict BACKGROUND election results and declared Félix- the right to freedoms of expression, Antoine Tshisekedi Tshilombo the association and assembly. The armed In December 2018, long-delayed new president. On 15 January, conflict continued, resulting in more presidential, legislative and provincial leaked data obtained from the

HUMAN RIGHTS IN AFRICA 33 REVIEW OF 2019 Amnesty International Electoral Commission’s servers and the failure of the security forces – abuses in North Kivu province, with tallies suggested that an opposition themselves responsible for major the collaboration of high-ranking candidate, Martin Fayulu Madidi, human rights violations – and the UN Congolese army officers.1 The received the most votes. In response, peacekeepers, to effectively ensure the authorities failed to take adequate the South African Development protection of civilians and to restore steps to enforce the arrest warrant Community (SADC) and the African peace. and bring Guidon Shimiray Mwisa to Union convened a high-level meeting justice. on the crisis following which regional The military court trial of Ntabo heads of state and government LACK OF ACCOUNTABILITY concluded that there were “serious Ntaberi Sheka, leader of a faction of the Nduma Defence of Congo, doubts” as to the validity of the While the authorities took some steps in which he was accused of serious provisional results and urged the to bring perpetrators to justice for authorities to delay the final results, human rights abuses in North Kivu conflict-related human rights abuses, province, came to a standstill in a request which was rejected. On they failed to bring to account most of 20 January, the Constitutional Court mid-2019 as the court continually the high-ranking civilian and military postponed the trial without valid rejected Martin Fayulu Madidi’s officers suspected of committing or request for a recount, confirming Félix- reason. His militia was believed to be sponsoring such crimes, crimes which Antoine Tshisekedi Tshilombo as the responsible for crimes including the had resulted in over 3,000 deaths and winner. rape of at least 387 women, men and 2 million people internally displaced children during 2010. between August 2016 and December The Common Front for the Congo 2017 in the Kasaï region alone. (FCC), former President Kabila’s During the year, local and international Furthermore, several politicians and coalition, won the majority of human rights groups repeatedly called senior officers suspected of serious parliamentary seats at the national on the government to hold Gédéon human rights abuses retained, or were and provincial levels, retaining Kyungu Mutamba to account for given, privileged positions in state control of the National Assembly, the crimes against humanity for which he institutions, including the army and Senate, and provincial assemblies had been convicted by a military court police. and governments in 25 of the 26 in Lubumbashi, (a city in the south- provinces. President Tshisekedi’s east), in 2009. He continued to enjoy In September, the President told government which was inaugurated in freedom in a state-sponsored villa in September was led by the FCC whose French journalists, who had asked Lubumbashi, having surrendered to members made up a majority, a fact for his position on past human rights the authorities in October 2016, after which could limit the new President’s abuses, that he had “no time to he escaped from prison in 2011. ability to carry out crucial reforms, rummage in the past”. There was Military courts heard a number of including in relation to the justice no progress on the prosecutions in conflict related sexual violence cases. system. Violent clashes between connection with the December 2018 In November, for example, militia supporters of the FCC and the Course communal violence between the leader Frédéric Masudi Alimasi, (also for Change, the President’s coalition, Banunu and Batende communities in known as Koko di Koko) received a life continued against a backdrop of Yumbi, Mai-Ndombe province in the sentence in Bukavu, a city in the east, disputes over power sharing. west, in which over 600 civilians were for killings, enforced disappearances, killed over two days in orchestrated torture and rape. In the same month, violence that, according to the UN a soldier was sentenced in Bas-Uélé ARMED CONFLICT Office of the High Commissioner for province to 20 years’ imprisonment Human Rights, could have amounted for raping two children aged three and By December, more than 1,500 to crimes against humanity. four years. civilians had been killed, thousands injured, and at least 1 million forcibly In June, the military prosecution displaced as a result of violence in issued an arrest warrant against INTERNATIONAL JUSTICE the western province of Mai-Ndombe Guidon Shimiray Mwisa the leader and the eastern provinces of Ituri, of the militia, Nduma Defense of In July, the ICC found Bosco Ntaganda North Kivu and South Kivu. Dozens Congo-Rénové (NDC-R), for crimes guilty of war crimes and crimes against of local and foreign armed groups as under international law including humanity committed in the eastern well as the Congolese security forces, murder, mass rape, and recruitment Ituri province during 2002-2003 and, continued to carry out serious human of children, committed by him or his in November, sentenced him to 30 rights abuses, with impunity. militia. However, according to the years’ imprisonment. Widespread human rights abuses UN Group of Experts, the NDC-R carried out by armed groups exposed continued to carry out human rights In September, the Congolese army

HUMAN RIGHTS IN AFRICA 34 REVIEW OF 2019 Amnesty International announced that it had killed Sylvestre dispersed by the police who used detriment of their own lives and Mudacumura, the military leader of the excessive force against protesters, without their cooperation as school Democratic Forces for the Liberation injuring at least 90 and arbitrarily attendance increased significantly. of Rwanda (FDLR). Sylvestre arresting scores. In June, at least one Teachers’ strikes led to the closure of Mudacumura was wanted by the ICC protester died from a bullet wound in hundreds of schools for several weeks which issued a warrant for his arrest Goma in the eastern DRC after security after the beginning of the September in 2012 for war crimes and crimes forces fired at peaceful demonstrators. term. against humanity perpetrated by the In July, the Kinshasa governor banned FDLR in the east of the Democratic a demonstration to protest against Republic of the Congo (DRC). a former justice minister being DETENTION selected as a candidate for the Senate president. When the demonstration Prison conditions remained dire. At FREEDOMS OF EXPRESSION, went ahead, the police used excessive least 120 prison inmates died from ASSOCIATION AND ASSEMBLY force against the protesters. In August, starvation, a lack of access to clean police officers used violence to prevent water and proper healthcare, including In January, the government completely a pro-Union for Democracy and Social 45 at the Central Prison of Bukavu shut down the internet and banned Progress party rally which was held to between January and October. While several media outlets for 20 days, in denounce government corruption and prisons were severely overcrowded and an attempt to stop the publication of promote good governance. underfunded, little or no effort was unofficial election results and to stem made to improve conditions. Over 300 widespread protests over allegations of detainees escaped from prisons in massive election fraud. RIGHT TO HEALTH Kongo-Central, Kasaï-Central, Ituri and Tshuapa provinces. In March, the authorities announced According to the World Health that over 700 hundred people had Organization, at least 1,680 people been released from prison and that died from Ebola, 5,000 from measles, INDIGENOUS PEOPLES all illegal detention centres operated and 260 from cholera epidemics. by the National Intelligence Agency Measles and cholera infected 310,000 Indigenous Twa who were evicted had been closed on orders from the and 12,000 people respectively. from their land without free, prior and President. Those freed included Consistent efforts made by the informed consent when the Kahuzi prisoners of conscience and others authorities and the international Biega National Park in the eastern who had been held in prolonged community to address the situation DRC was established in 1975, were arbitrary detention. The authorities were jeopardized by poor funding, in dialogue with park authorities to allowed several exiled political and security and logistical challenges, resolve their grievances. However, civil society activists, as well as foreign the continuing armed conflicts and repeated promises to provide journalists and human rights defenders communal violence. alternative land, jobs and public who had been made unwelcome for services, and to release Twa held in several years, to return to the DRC and prison for returning to the park, were carry out their activities. RIGHT TO EDUCATION not been met, and many Twa returned However, civil authorities and the to their lands in the park in protest. police continued to ban and violently In September, the government repress peaceful assemblies and introduced free primary education, a demonstrations with impunity. right enshrined in the Constitution, Authorities imposed the requirement which could have benefited millions to obtain prior authorization for of children. However, the progress demonstrations, in breach of the was hindered by poor planning Constitution. and infrastructure, and insufficient funding for primary schools. Teachers’ Throughout the year, at least 35 unions accused the government peaceful demonstrations were of implementing the policy to the

1. See for example: UN, S/2019/469, 7 July 2019, para. 58: “Consistent with previously reported practices (S/2018/1133, paras. 63–68), the Group observed FARDC collaborating with NDC-R in new areas under the latter’s control in Masisi territory. The Group also witnessed FARDC tolerating the free movement of NDC-R elements and the use of FARDC uniforms by NDC-R cadres in areas under FARDC control (see annex 17). The Group was not aware of any FARDC operations against NDC-R during the period under review.” Full report available at https://undocs.org/en/S/2019/469.

HUMAN RIGHTS IN AFRICA 35 REVIEW OF 2019 Amnesty International An Equatorial Guinea national holds a placard during the protest. Hundreds of people gathered at Callao square in Madrid to mark the International Human Rights Day.​ © John Milner/SOPA Images/LightRocket via Getty Images​

EQUATORIAL BACKGROUND HUMAN RIGHTS DEFENDERS

GUINEA In the year that Equatorial Guinea was Harassment, intimidation and arbitrary a non-permanent member of the UN detention of human rights defenders, Republic of Equatorial Guinea Security Council and was reviewed by activists and members of the opposition Head of state and government: Teodoro Obiang Nguema Mbasogo the UN Human Rights Council during continued. The rights to freedom of its 33rd Universal Periodic Review expression and association were steadily (UPR) session, President Teodoro strangled. Harassment, intimidation and arbitrary Obiang Nguema Mbasogo in August detention of human rights defenders commemorated 40 years in power. Human rights defender and political and activists continued. The judiciary activist Joaquín Elo Ayeto was arrested continued to show a total lack of The country’s economic crisis, notably on 25 February at his house in Malabo. independence from the government while caused by corruption, led the authorities He was accused of having information corruption and its impact on human to seek international investment. They on a plot to kill the president and was rights continued to be serious concerns. held international events on natural subjected to torture while at Central Despite various public commitments by resources such as oil, in April, and gas, Police Station after his arrest which the authorities, the death penalty was not in November. They requested a loan from resulted in physical injuries. He was also abolished. the International Monetary Fund (IMF). threatened with death by police at the station. During his detention at Black

HUMAN RIGHTS IN AFRICA 36 REVIEW OF 2019 Amnesty International Beach prison, Ayeto’s health seriously offered little to no evidence to support the Community of deteriorated. At the end of a judicial its case against most defendants. In Countries. In the UN Universal Periodic proceeding full of irregularities, he was some cases, they presented confessions Review outcome, adopted on 20 tried on 21 November for defamation and which had been obtained under torture, September, Equatorial Guinea continued threats against the President. which included beatings and electric to express its commitment to abolish shocks. There also were important the death penalty. Despite these public Alfredo Okenve, vice-president of the disparities between the court’s treatment commitments, the death penalty has not Centre for Development Studies and of the prosecution and defense which yet been abolished in Equatorial Guinea. Initiatives (CEID), was arrested on 15 contravened the principle of equality March after having been banned from of arms. Most of defendants were held receiving a Franco-German Prize for incommunicado for almost a year. They INTERNATIONAL SCRUTINY Human Rights for his work. Fearing were not informed of the charges against arrest, Okenve went to Malabo Airport them and were denied access to their On 20 September, the Human Rights in an attempt to leave the country. At lawyers. Council adopted Equatorial Guinea’s UPR the airport, he was arrested by eight outcome. Equatorial Guinea accepted security agents, handcuffed, put on a 202 recommendations made by other military plane and flown to his home LACK OF ACCOUNTABILITY states but rejected 19 key human town of Bata. Once they arrived, he was rights recommendations. Notably, the instructed to stay at home, and not to National Security Ministry released a country disregarded recommendations leave the city. media statement on 23 January accusing for the protection of human rights 16 people of money laundering and defenders, rejecting recommendations financing terrorism and the proliferation to guarantee their safety, secure their FREEDOM OF ASSOCIATION of arms trafficking in . The work environment and to approve and list of people included William Bourdon, implement laws to acknowledge and The authorities continued to violate the lawyer who founded the French anti- protect them. The government also and abuse the rights to freedom of corruption legal advocacy group Sherpa, rejected recommendations to investigate association. On 5 July, the Minister in apparent retaliation for his involvement threats and reprisals against human of the Interior and Local Corporations in lawsuits in France including against rights defenders. revoked by a decree the authorization the president’s eldest son accused of granted to the CEID which the authorities money laundering. Two recommendations calling for accused of undertaking political the suspension of the 18 July 2016 activities. CEID, one of the few NGOs On 21 October, the IMF announced that Ministerial Order Number 1 from the that denounce human rights violations an agreement had been reached with Minister of Education and Science and abuses in the country, appealed the Equatorial Guinea for an Extended Fund banning pregnant girls from attending government’s decision. No decision has Facility. The IMF has agreed a program school were also rejected. Calling for been taken on the case by the end of the worth around $283 million notably the development of good habits and to year. to improve governance and address fight against negative attitudes, such corruption. There have been several as vandalism or sexual promiscuity, the corruption investigations including article IV of the law categorically forbids JUSTICE SYSTEM in the United States, Spain, France, the access of pregnant girls to any Switzerland, South Africa on how classroom in the country. On 22 March, a “macro trial” started hundreds of millions of (US) dollars of at the Bata Provincial Court. About public funds were allegedly stolen and 130 defendants were charged with stashed abroad. Meanwhile, government treason, crimes against the head of spending on health, education, and water state, rebellion, possession and storage infrastructure over the past years has of weapons and ammunition, terrorism, been inadequate to ensure the human and the financing of terrorism. On 31 rights of people in the country. May, 112 of them were convicted and sentenced to periods ranging from three to 97 years, with 25 defendants receiving DEATH PENALTY sentences of more than 70 years. On 15 April, president Teodoro Obiang According to the international observers Nguema Mbasogo announced in Praia, who attended and monitored the trial, Cape Verde, that he would soon submit the process was flawed with serious to the country’s Parliament a bill to procedural irregularities. The prosecution abolish the death penalty, as required by

HUMAN RIGHTS IN AFRICA 37 REVIEW OF 2019 Amnesty International ELABERED, ERITREA - AUGUST 18: Young eritreans back from Sawa Military Training Academy, Semien-Keih-Bahri, Elabered, Eritrea on August 18, 2019 in Elabered, Eritrea. © Eric Lafforgue/Art in All of Us/Corbis via Getty Images

to detention, abduction, sexual abuse, ERITREA BACKGROUND torture and other ill-treatment in transit countries on their way to , State of Eritrea The governments of Eritrea and Ethiopia particularly in . In Addition to Head of state and government: Isaias Afwerki resumed diplomatic and commercial Eritrean asylum seekers, 1300 Somali relations in July 2018 when they refugees in Eritrea crossed the border to The use of and indefinite military signed a Joint Declaration of Peace Ethiopia after the Eritrean government , amounting to forced labour, and Friendship to end the protracted closed the Umkulu refugee camp. continued despite an agreement to border dispute which opened hopes for end the protracted border dispute with an improvement in the human rights Ethiopia, a dispute the government had situation. However, there was no change FREEDOM OF MOVEMENT used to justify prolonged national military in the Eritrean human rights situation. service. Thousands were prevented from The right to leave the country remained travelling abroad without government restricted, and people were prevented permission, or due to repeated border REFUGEES AND ASYLUM-SEEKERS from travelling abroad without obtaining closures. Eritreans fleeing the country permission from the government. were subjected to serious human rights Thousands of Eritreans continued to The 2018 peace agreement with Ethiopia violations in transit. Arbitrary detention flee the country primarily to avoid the led to the opening of the Humera, and enforced disappearances continued. imposition of an indefinite military Zalambesa, and Bure border crossings Security forces restricted the right to national service programme, and the between the two countries, allowing freedom of expression inside the country, general human rights situation and for the free movement of people during and government supporters attacked and sought asylum in other countries. They the last quarter of 2018. The period threatened human rights defenders in the faced serious human rights abuses witnessed an exponential increase in the . while in transit; many were subjected number of Eritreans crossing the border

HUMAN RIGHTS IN AFRICA 38 REVIEW OF 2019 Amnesty International and seeking asylum in Ethiopia. However, There is no publicly available information this came to an abrupt end after Eritrea if he had not been charged with any closed the border crossing points in offence by the end of the year. January 2019. In November, security agents rounded up and arrested more than 20 people in FORCED LABOUR AND SLAVERY the Mendefera and Adi Quala areas in the Southern Zone. The reasons for their Conscripts to the mandatory national arrest and their current whereabouts service programme were forced to serve remained unknown at the end of the year. for indefinite periods which extended far beyond 18 months, the maximum length of national service sanctioned FREEDOM OF EXPRESSION by legislation, despite hopes that the Eritrean/Ethiopian rapprochement The authorities continued to restrict might put an end to the indefinite terms the right to freedom of expression, and of national service. The government particularly sought to undermine the continued to conscript students in their independence of the media. Since 2006, final year of high school and made no private media had been shut down and commitments to release them from independent journalists had been in national service after they had served 18 detention. According to the Committee to months. Thousands remained in open- Protect Journalists, Eritrea remained one ended conscription, sometimes for as of the 10 most censored countries in the long as 10 years or more. world.

There was routine and widespread use of ARBITRARY ARRESTS AND harassment, attacks and threats by the ENFORCED DISAPPEARANCES government, and its supporters, against human rights defenders in the diaspora, Arbitrary detention and enforced with the apparent support of the People’s disappearances continued, for Front for Democracy and Justice, the which security forces were not held ruling party. accountable. Hundreds of prisoners of conscience and other prisoners, including journalists, former politicians and practitioners of unauthorized religions, continued to be arbitrarily detained without charge or access to lawyers or family members, many of whom had been held for nearly two decades. The whereabouts and fate of 11 politicians and 17 journalists, arrested and detained 18 years ago, for criticizing the President’s rule, remained unknown.

Berhane Abrehe, a former finance minister, who was arrested by security forces in the capital, Asmara, in September 2018, had not been seen until April 2019 according to his son. He was arrested just days after he published a book called Eritrea My Country which criticized the government and called on Eritreans to use peaceful means to bring about democracy. After his arrest, the authorities refused to disclose information as to his whereabouts or fate.

HUMAN RIGHTS IN AFRICA 39 REVIEW OF 2019 Amnesty International Abandoned building in Madonsa in Manzini region of Eswatini. Photo taken in April 2018. © Amnesty International

changed the country’s name to the Technology to pay compensation for ESWATINI Kingdom of Eswatini in April 2018. damages that two sisters Thoko and Lomgcibelo Dlamini suffered as a result Kingdom of Eswatini Head of state: King Mswati III RIGHT TO HOUSING AND FORCED of their eviction from ancestral homes in Head of government: Ambrose Mandvulo Dlamini (replaced EVICTIONS Nokwane. Their homes were demolished Barnabas Sibusiso Dlamini in October 2018) following the forced eviction. There were positive legal developments, with the High Court ordering that the On 9 May 2019, the Supreme Court of In moratorium on all evictions in a government pay compensation to one Appeal upheld a ruling by the High Court meeting with Amnesty International, family that was forcibly evicted from of 14 July 2017 that the forced eviction but there was no public announcement of this. There have been positive Nokwane. The Supreme Court of Appeal of Sagila Dlamini’s family was unlawful legal developments on provision of upheld a ruling by the High Court that and that he was entitled to compensation compensation to victims of forced ordered a private company to compensate from the private company. evictions by both private and public a family that was forcibly evicted from actors. Eswatini authorities rejected an Title-Deed Land in the Malkerns. Both The Eswatini authorities had not yet application to register a Lesbian, Gay, judgements set positive precedents for drafted legislation that explicitly prohibits Bisexual, Transgender and Intersex compensation in forced evictions cases. forced evictions in all circumstances people organization. A man was arrested and sets out safeguards that must be on charges of terrorism and sedition. On 26 February 2019, the High Court strictly followed before any eviction is The Sexual Offences Domestic Violence of Eswatini ordered the Ministry of carried out. The Eswatini authorities had Act was passed in July 2018. The King Information, Communications and not yet finalized the land policy and bill

HUMAN RIGHTS IN AFRICA 40 REVIEW OF 2019 Amnesty International in line with international human rights In Mbondzela, Gege, in the Shiselweni Economic Freedom Guerrillas. On this obligations arising from the right to region, approximately 45 homesteads, basis the Director of Public Prosecutions adequate housing. including at least 38 children, faced charged Sibaya with contravening eviction from Title-deed Land. The Section 19(1) of the 2018 Suppression A community of at least seven residents had appealed to the Minister of of Terrorism Act (STA)1 and Section 3(1) homesteads, affecting 75 people, Natural Resources and Energy (MNRE), (A) of the 1938 Sedition and Subversive including 29 children, were at risk of who referred the matter back to the Activities Act (SSA)2. imminent eviction from Sigombeni in the Central Farm Dwellers Tribunal for Manzini region by a private party. On 27 reconsideration. The residents allege On 24 May, pursuant to a search warrant, March 2018 the Central Farm Dwellers that there are at least 17 graves on the police searched Sibaya’s property and Tribunal ruled that the community disputed land. found in his possession documents should vacate portion 1 of Farm 246 alleging that the King was responsible for in the Manzini region. The community In Vuvulane in the Lubombo region at human rights violations including land- subsequently approached the farm owner least 16 farming families remained at grabbing in the Kamkhweli and Macetjeni with a proposal to buy the portion of risk of eviction. While the Prime Minister regions, and corruption involving the land on which their homes are built, but pledged in a meeting with Amnesty King’s ownership of a sovereign wealth were unable to raise the required funds International on 16 May 2019 to put fund named Tibiyo Taka Ngwane (‘Wealth of ZAR1-million. In 2018, the affected in place a moratorium on all evictions of the Nation’). In September 2016, the community lodged an appeal with the until adequate legal and procedural High Court had ruled that sections of the Minister of Natural Resources and safeguards are implemented, however, 1938 Sedition and Subversive Activities Energy (MNRE), seeking government’s there has been no public declaration of a Act (SSA) and the 2008 Suppression intervention as they allege that they were moratorium. of Terrorism Act (STA) were invalid allocated land in Sigombeni by lawful as they infringed on constitutionally traditional authorities. The affected The Farm Dwellers Control Amendment protected rights to freedom of expression, families told Amnesty International that Bill, aimed to regulate relations between association and peaceful assembly. there were at least 17 graves on their farm dwellers and farm owners, was due Although the government appealed land. The government, however, claimed to be introduced to parliament. against the High Court’s decision, the that the residents occupied the farm, appeal has yet to be heard. which is privately owned, after it was RIGHTS OF LESBIAN, GAY, acquired by a private party and that BISEXUAL, TRANSGENDER AND VIOLENCE AGAINST WOMEN AND there was no proof of a farm dwellers INTERSEX PEOPLE (LGBTI) GIRLS agreement between the farm owner and residents. The residents lacked any In September the authorities rejected an Parliament passed the Sexual Offences formal proof of security of tenure and application for registration of an LGBTI Domestic Violence Act in July 2018, were vulnerable to forced evictions. association created earlier in 2019. The nine years after the draft legislation was Eswatini Registrar of Companies denied introduced in 2009. According to the In Madonsa in the Manzini region, the registration of the LGBTI association, Swaziland Action Group Against Abuse approximately 58 families – over 200 which intended to be named the Eswatini (SWAGAA) annual statistics, there were people – remained at risk of forced Sexual and Gender Minorities, on the 1818 cases of gender-based violence eviction by a parastatal authority. On basis that the Constitution does not reported to them in 2019. This is an 7 August a trial date to consider a recognize same-sex marriage. increase from 1686 recorded in 2018. case was due to be set, but this was In January, 185 cases of abuse including postponed. In order to avert the eviction, FREEDOM OF EXPRESSION AND sexual and physical assault were the Commission on Human Rights was FREEDOM OF ASSOCIATION recorded. The highest number of cases supporting the residents’ request to recorded were those of verbal abuse (934 include a third party who has an intention On 21 January Goodwill Sibaya claimed cases), followed by sexual abuse (230 to purchase the farm on behalf of the to be a member of the People’s United cases), which is more prevalent among residents in negotiations for the sale. Democratic Movement (PUDEMO), the females aged 10 - 18, compared to other Communist Party of Swaziland and the demographic groups.

1. According to Section 19(1) of the STA: “a person who is a member of professes to be a member of a terrorist group commits an offense and shall on conviction be liable for imprisonment for a term not exceeding ten years.” 2. According to Section 3(1)(a) of the SSA: 3(1)(a): “A “seditious intention” is an intention to bring into hatred or contempt or to excite disaffection against the person of His Majesty the King, His Heirs or successors, or the Government of Swaziland as by law established;”

HUMAN RIGHTS IN AFRICA 41 REVIEW OF 2019 Amnesty International A man holds the Ethiopian newspaper ‘The Reporter’, depicting the portraits of killed Ambachew Mekonen (L), President of the Ahmara Region, and of Gen. Seare Mekonnen, Chief of Staff of the Ethiopian National Forces, in , on June 24, 2019. The security chief of Ethiopia’s northern Amhara state, suspected of being behind a coup bid in the region and of possible links to the assassination of the army chief, has been shot dead, state media reported on June 24, 2019. © EDUARDO SOTERAS/AFP via Getty Images

of communal violence, and the army COMMUNAL VIOLENCE ETHIOPIA unlawfully killed at least nine protesters, including children. Amnesty International has documented a Federal Democratic Republic of Ethiopia surge in ethnic violence that resulted in Head of state:: Sahlework Zewde Head of government: Abiy Ahmed Ali thousands of killings across the country, BACKGROUND where the security forces failed their duty to protect. Instead, the security forces, As part of its reform programme, in Prime Minister Abiy Ahmed Ali won the particularly the members of the regional February, the government overturned 2019 Nobel Prize for Peace for domestic police and local administration militia the civil society legislation which had reforms, including the release of had active roles by siding with their curtailed the right to freedoms of thousands of oppositions political party ethnic groups involved in the communal association and expression and tabled leaders and members, lifting the ban on violence. a new draft law before Parliament to previously outlawed opposition political replace draconian anti-terror legislation. parties, and for his role in the peace deal On 10 and 11 January, in Metema At the same time, numerous journalists that ended the border stalemate with town, the North Gondar Zone of Amhara and other critics of the government neighboring Eritrea (see Eritrea entry). Region, around 60 people were killed in continued to face arbitrary arrest, illegal Since taking office in April 2018, his coordinated attacks against members of prolonged detention and unfair trials. government released dozens of arbitrarily the Qimant, an ethnic minority people Hundreds of people were killed in a surge detained journalists and bloggers. who had campaigned for autonomy

HUMAN RIGHTS IN AFRICA 42 REVIEW OF 2019 Amnesty International within the Amhara Regional State. an unidentified armed group abducted Qerro Bilisuma, an Oromiffa online The attacks were carried out by an around 20 Amhara students as they were media outlet. They were charged under Amhara community vigilante group and leaving Dembi Dolo University to return provisions of the repressive Anti-Terrorism regional government security forces. In home. Proclamation 2009 (ATP), and detained September, at least 30 people, were at Addis Ababa Police Commission for killed in a communal violence in Gondar over two months before being released city and in areas surrounding the city UNLAWFUL KILLINGS unconditionally. including Fenter, Weleqa, and Azezo. In September, in the predominantly In January, members of the Ethiopian Following the spate of communal Qimant districts of Chilga and Arbaba, Defense Forces unlawfully killed at least violence, the government tabled a draft at least 30 people died in skirmishes nine protesters, including three children, law before Parliament in November, between armed members of the Qimant in the towns of Genda-Wuha and Kokit, which would outlaw speech that community and the regional security in the Amhara Region. The army was advocates violence, and the spread of forces. Between 28 September and 15 escorting a convoy of vehicles, ostensibly “disinformation.” The draft contained October, reprisal attacks on Qimant carrying construction machinery, but broad and vaguely-worded provisions that people and their businesses in Gondar which protesters believed was being undermine freedom of expression. city and surrounding towns resulted in at used to traffic weapons and ammunition. Tigray Regional State security forces, least 405 deaths. When the townspeople blocked the including the regional police and the road that traversed the two towns, in local administration militia, targeted In April, members of the ethnic Gumuz order to search the vehicles, the army perceived or actual supporters of the group killed 21 Amhara residents in shot at them. Witnesses told Amnesty Wolkait Amhara Identity Committee the Benishangul Region. In May, armed International that the protesters did after it petitioned the Tigray Regional people in the Awi Zone of neighbouring not use any violence means during the State and the federal government Amhara Region killed at least 100 ethnic standoff during the blockade. Although, for Wolkait district to become part of Gumuz and Shinasha residents. in January the army’s Deputy Chief Amhara Regional State. Victims and In July, the violent dispersal by federal of Staff promised to investigate the other witnesses said that those targeted security forces of a meeting in Hawassa incident, no findings had been made were subjected to arbitrary arrest, City, held by Sidama activists and elders, public by the end of the year and no detention, torture and other ill-treatment triggered ethnic attacks against residents prosecutions were initiated. on the basis of their Amhara identity, in multiple towns throughout the Sidama In October, the security forces killed for speaking Amharic, or listening to Zone. At least 50 people were killed by at least 12 protesters in Ambo and Amharic music. communal violence, and also as a result Adama towns during protests against of the use of excessive force by security a government decision to withdraw forces who responded to the unrest. By protection from an Oromo political UNFAIR TRIALS the end of the year, the government had activist. not conducted full investigations into the Hundreds of political opposition killings. members, journalists and others who FREEDOM OF EXPRESSION were critical of the government faced In October, at least 74 people were killed unfair trials on charges brought under in towns in and Harari Regional Despite notable progress since the the ATP law. The trials were marked by States due to communal violence 2018 political reforms, there were illegal and prolonged pre-trial detention, that erupted during protests against numerous arbitrary arrests, particularly unreasonable delays and persistent a government decision to withdraw of journalists and writers who criticized complaints of torture and other ill- protection from an Oromo political the government. In August, the Federal treatment. activist. Police arrested eight people in the capital, Addis Ababa, for facilitating the In June, the Legal Advisory Committee, In November and December, at least publication and distribution of a book tasked with leading legal reforms, 12 students were killed during ethnic called The Hijacked Revolution which tabled draft terrorism legislation before clashes in universities in Amhara had been published under an alias. Parliament which was expected to and Oromia. The killing of an Oromo The police questioned them about the replace the ATP during 2020. student in Weldia University, Weldia author’s identity and released some In February, the police arrested Colonel town in Amhara, triggered a series of of them weeks later but detained the Gemechu Ayana, a prominent Oromo revenge killings including in Dire Dawa, publisher until the end of November Liberation Front member, and detained Dembi Dolo and Gondar universities. when he was released after the police him on terrorism charges for eight Around 35,000 students left university dropped the terrorism charges. months, in violation of ATP provisions campuses to avoid the violence and In September, the police arrested which allow for a maximum four months’ returned to their homes. In December, five journalist who worked for Segele pre-trial detention period. In December,

HUMAN RIGHTS IN AFRICA 43 REVIEW OF 2019 Amnesty International the authorities dropped the charges and with terrorism crimes together with the the ability of groups to secure foreign released him. suspects. funding; to carry out human rights- related work and activities; and had Following the assassinations in June of In July, dozens of Sidama activists, were put obstacles in the way of foreigners the Amhara Regional State president arrested on suspicion of instigating the or non-residents who wished to engage and the Chief of Army in Addis Ababa, communal violence in Sidama Zone in the monitoring and promotion of hundreds of people were arbitrarily in July. They included employees and human rights, conflict resolution or anti- arrested. Among those targeted were leaders of the Sidama Media Network. corruption activities. leaders of the Amhara Nationalist They were held in detention until the end Movement (a political party), government of the year without being charged in a officials, journalists, opposition political prison in Halaba town, over 100 km from party leaders and members of the Addis their families. Ababa Care Taker Committee which promotes administrative autonomy for residents of Addis Ababa. For FREEDOM OF ASSOCIATION four months, at least 10 suspects remained in pre-trial detention under In March, Parliament adopted the Civil terrorism charges, before their trial that Society Proclamation No 1113/19, commenced in November. Police also replacing the Charities and Societies arrested a journalist when he attended Proclamation No 621/09. The new law the pre-trial hearings and charged him eased restrictions which had hindered

HUMAN RIGHTS IN AFRICA 44 REVIEW OF 2019 Amnesty International Mourners stand beside the grave of slain Ghanaian investigative journalist Ahmed Husein Suale during his funeral in Accra, on January 18, 2019. - The 34-year-old reporter was gunned down as he returned to his home in the Madina area of the capital, Accra, in the night of January 16, in a killing that sparked outrage. Husein was part of an investigative team that lifted the lid on graft in the sport last year, which led to the sanction of a string of top officials, coaches and referees.​ © RUTH MCDOWALL/AFP via Getty Images​

LEGAL, CONSTITUTIONAL OR Freedom Index. GHANA INSTITUTIONAL DEVELOPMENTS In January, investigative journalist Ahmed Republic of Ghana Hussein-Suale was shot and killed by Head of state and government: Nana Addo Dankwa Akufo- On 26 March, the unidentified men on motorbikes. Suale’s Addo passed into law a bill allowing citizens work exposing corruption had incited access to information from all public calls to violence against him from ruling and some private institutions in Ghana. The Right to Information law increasing party parliamentarian Kennedy Agyapong. The new Right to Information law, accountability was adopted. The In television interviews, Agyapong had which took effect in 2020, is expected President commuted death sentences revealed Suale’s identity as well as to increase government transparency into life imprisonment, but courts information on the neighborhood in continued to hand down death sentences, and accountability and help combat which Suale lived. and prison conditions remained corruption. deplorable. Attacks against journalists In June, the Bureau of National were reported; one journalist was killed Investigations (BNI) arrested, detained, and others were arbitrarily arrested. FREEDOM OF EXPRESSION and allegedly tortured two journalists Women and girls continued to suffer employed by the online news portal discrimination and violence. LGBTI An increase in attacks against journalists ModernGhana. The BNI claimed that the people continued to face discrimination in 2019 caused Ghana to lose its status journalists had committed cybercrimes. in law and practice. as the best-ranked African country in Their arrests came after the publication Reporters Without Borders’ World Press of a ModernGhana article critical of

HUMAN RIGHTS IN AFRICA 45 REVIEW OF 2019 Amnesty International Ghana’s National Security Minister. Congress of Families sponsored a sentence people to death. Eight people regional conference in Accra advocating were sentenced because the death for increased criminalization of LGBTI penalty remained mandatory for certain WOMEN’S RIGHTS people. Several Ghanaian politicians crimes. The government made no effort spoke at the conference, which framed to abolish the death penalty. An Affirmative Action bill was not passed LGBTI inclusion as “anti-African”, and into law despite advocacy activities called for “tougher laws” against the led by local NGOs promoting women’s already vulnerable group. RIGHT TO HOUSING rights. Women continued to be under- represented in public and political life After enduring many years of forced and at risk of gender-based violence. DETENTION evictions and substandard living In October, a BBC News documentary conditions, the residents of Agbogbloshie exposing sexual harassment at the Prisons continued to be severely and Old Fadama districts in Accra led to the suspension overcrowded. Prison Administration were assured by Vice President Dr of two professors and sparked a statistics as of September showed that Mahamudu Bawumia in September of nationwide discussion about sexual 15,463 people (1.2% female) were the government’s plan to end evictions harassment in the workplace and schools. being detained across 44 prisons with a in those areas, which largely comprise combined capacity of only 9,945, and informal settlements and provide that 12.2% of detainees were held in residents with access to essential RIGHTS OF LESBIAN, GAY, pre-trial detention. The feeding allowance services like schools, health centres, BISEXUAL, TRANSGENDER AND per person did not increase despite toilets, water, roads and drainage INTERSEX PEOPLE concerns about the quality and quantity systems. The housing policy passed in of prison food. Extreme inadequacies in 2015 remained unimplemented. LGBTI people continued to face medical care and sanitation persisted in discrimination and violence. Consensual violation of the UN Convention against same-sex relations between men Torture and Other Cruel, Inhuman or remained a criminal offence. There Degrading Treatment or Punishment. was an increase in hate speech against LGBTI people from religious and political leaders and from the media. Plans to DEATH PENALTY introduce comprehensive sex education in schools in 2020 were met with public No executions have been carried out outrage, largely due to widespread fear in Ghana since 1993. Twelve people that the new curriculum would teach had their death sentence commuted to children about homosexuality. life imprisonment and one person was In October, the US-based World pardoned. Still, Ghana continued to

HUMAN RIGHTS IN AFRICA 46 REVIEW OF 2019 Amnesty International People carry coffins during the funeral after the repression of street protests that resulted in at least 11 deaths in Conakry, on November 4, 2019. Crowds of protesters marched through the Guinean capital of Conakry on October 24, 2019 to protest a constitutional revision that could allow President Alpha Condé to run for a third term. ​ © CELLOU BINANI/AFP via Getty Images​

society groups that he may run for a third ineffective or without any promise of GUINEA term. achieving the intended result. Adopted in July, the Law on the Republic of Guinea The legislative elections which were due Prevention and Repression of Terrorism Head of state: Alpha Condé in December 2018 were rescheduled for contains vague and overly broad Head of government: Ibrahima Kassory Fofana 2020 after several delays. provisions, including on the apology of terrorism and contesting the commission Security forces used excessive force of an act of terrorism, which could to disperse pro-democracy protesters. LEGAL, CONSTITUTIONAL OR be used to criminalize the legitimate Journalists, human rights defenders and INSTITUTIONAL DEVELOPMENTS exercise of the right to freedom of others expressing dissent were arbitrarily expression. It authorizes the Minister of arrested. Prisons remained overcrowded Guinea adopted laws which undermined Security and the Minister of Territorial and impunity was widespread. the right to freedom of expression Administration to temporarily shut down and peaceful assembly. The National places of worship where “the statements Assembly in June passed a law on the made, theories spread, or activities held BACKGROUND use of arms by the gendarmerie. It incite acts of terrorism or justify such cites several justifications for the use acts” without judicial oversight. Political tensions continued to rise of force – including to defend positions The 2019 Civil Code legalized polygamy, ahead of the 2020 presidential election. gendarmes occupy – without making despite concerns raised by civil society President Alpha Condé launched a clear that firearms can only be used when groups and UN institutions. constitutional review process, fueling there is an imminent threat of death or concerns from opposition and civil serious injury and if other means remain

HUMAN RIGHTS IN AFRICA 47 REVIEW OF 2019 Amnesty International FREEDOM OF ASSEMBLY AND general administrator of conakrylive. DETENTION EXCESSIVE USE OF FORCE info, was arrested after he published an article accusing government officials Prisons in Guinea are severely The authorities banned over 20 protests of corruption. He was charged with overcrowded, and conditions are organized by opposition groups, pro- defamation and released on bail on 2 inhumane. At least eight people died democracy movements and human April. in detention in 2019. According to the rights organizations on vague and overly Prison Administration, as of October, broad grounds. On several occasions, On 4 May, police arrested seven FNDC some 4,375 people were detained the authorities referred to a 2018 members who organized a protest in across 33 prisons with a combined directive by the Minister of Territorial Kindia, western Guinea. They were capacity of only 2,552. Fifty-four Administration banning all protests. wearing T-shirts with the slogan “Don’t percent of detainees were awaiting trial. In July, Guinean human rights groups touch my Constitution.” On 7 May, they At the Conakry Central Prison, which asked the Supreme Court to strike down were sentenced to three months in prison has capacity for 500 prisoners, 1,468 the directive, but the complaint was and fined 500,000 Guinean francs (50 people were detained, 68% in pre-trial dismissed on procedural grounds. euros) each. They were released on detention. The security forces continued to appeal on 13 May. fuel violence during demonstrations by resorting to excessive use for Aboubacar Algassimou Diallo, a radio RIGHTS OF LESBIAN, GAY, force. At least 17 people died during presenter, and Souleymane Diallo, the BISEXUAL, TRANSGENDER AND demonstrations against a constitutional general administrator of the satirical INTERSEX PEOPLE revision that could allow President Alpha newspaper Le Lynx, were summoned Condé to run for a third term. at the Judicial Police Directorate on The Criminal Code retains the 19 and 20 August, respectively. They criminalization of same-sex conduct On 31 May, student Amadou Boukariou were accused among other charges of characterized as “unnatural acts” which Baldé was beaten to death by gendarmes undermining public order and public creates a climate of fear and has been who dispersed a demonstration at the security by sharing data. The charges used to harass LGBTI people. At least University of Labé. His relatives filed a were dropped in September. two people, including a 14-year-old complaint to the Prosecutor’s office, but Eight FNDC leaders were arrested on boy, were arrested in Kankan, eastern their case was dismissed. 12 October as they were preparing for Guinea, on 18 August, on the basis of At least 11 people were killed by a protest. On 22 October, the Tribunal their real or perceived sexual orientation live ammunition on 14-15 October of Dixinn found Abdourahamane Sano, and charged under the indecency in Conakry. Among those killed were Alpha Soumah (alias Bill de Sam), provisions of the criminal code which Boubacar Diallo, 14, and Mamadou Ibrahima Diallo, Bailo Barry and Sékou include “unnatural acts”. In October, Lamarana, 17. At least one other Koundouno guilty of “direct incitement the charges against the boy were dropped protester and one gendarme died in to an unarmed gathering”. Sano was and he was released. protests in the town of Mamou. sentenced to a year in prison and the On 4 November, at least three people others to six months. They were released died during a funeral procession for the on bail on 28 November pending their IMPUNITY protesters killed in October. Amnesty appeal. International authenticated footage which There was limited progress in a couple of showed police and gendarmerie officers Five FNDC members in Kindia, including cases of human rights violations, but by firing teargas canisters around the the local FNDC co-ordinator Alseny in large impunity remained the rule. mosque and cemetery where the funeral Farinta Camara, were arrested on 14 In February, a police captain was was held, stealing a motorbike and using November and charged with participation convicted of killing a man during slingshots against protesters. in an unauthorized gathering. They were a demonstration in 2016. He was released on 19 December. Two were sentenced to 10 years in prison and acquitted and three were sentenced to ordered to pay 50,000,000 Guinean FREEDOM OF EXPRESSION four months in prison, with three months francs (4,864 euros) in damages to the suspended. They have appealed. victim’s family for assault and battery Journalists and over more than 60 Journalists were also subjected to causing unintentional death. His superior members of the pro-democracy violence. Radio presenter Mohamed Mara officers were not brought to justice. movement National Front for the Defence was beaten by policemen in Conakry on Also, in February, an Anti-Crime Brigade of the Constitution (Front National pour 16 November. He had received threats captain in Kipé, a neighborhood of la Défense de la Constitution, FNDC) on social media from a supporter of the Conakry, was sentenced to six years were subjected to arbitrary arrests. ruling party days before. in prison for torturing a man in police On 26 March, Lansana Camara, the custody in March 2016. At least 10 other

HUMAN RIGHTS IN AFRICA 48 REVIEW OF 2019 Amnesty International gendarmerie and police officers were creation of a special court and training 150 protesters were killed and 100 suspended over the incident but were not for the judges. Earlier, the Supreme women subjected to sexual violence in brought to justice. Court dismissed all the appeals following September 2009. In the case of the 2009 Conakry stadium the end of the investigation, including massacre, the Minister of Justice pledged the appeals of the victims against the in November that the trial would start by dismissal of the charges against Mathurin June 2020, but said it would require the Bangoura and Bienvenue Lamah. Over

HUMAN RIGHTS IN AFRICA 49 REVIEW OF 2019 Amnesty International was then released. On 1 August police on their stomachs, kicked them and LESOTHO told him to come back to court and ordered them to roll on the stones on the prosecutor informed the magistrate the riverbank. The police officers also Kingdom of Lesotho that the charges against Ratea were assaulted the men with gun butts, sticks, Head of state: King Letsie III withdrawn. On 5 August, Ratea appeared chisels, wires and stones from the time Head of government: Thomas Motsoahae Thabane before the Maseru Magistrates Court after they were rounded up from their homes, he was ordered to do so by the Hamatela until they reached the riverside. Human rights violations and impunity Police. Ratea was then remanded in continued unabated. Allegations of custody without summons. He launched On 8 February 2018, one villager, torture and other ill-treatment continued. an urgent application for relief. On 11 Terene Pitae was killed by police during The right to freedom of expression September 2019, the High Court of protests by the community against remained severely restricted. There were Lesotho granted the relief application the Kao mine’s failure to deliver on unlawful killings. and ordered the release of Ratea. promises to compensate villagers for losing their homes. The LMPS Poshoane Moloi died on 27 December spokesperson confirmed that the National BACKGROUND 2018, after being allegedly tortured Police Commissioner had launched an by members of the Lesotho Mounted investigation into the death of Pitae in Lesotho was ranked among Low Human Police Services (LMPS). Around 4am 2018 in a telephone conversation with Development countries by the 2019 on 27 December 2018, approximately Amnesty International on 20 February United Nations Human Development 70 uniformed police officers raided two 2019, and that the Director of Public Programme report, at 164, with women villages, Lilhloahloeng, and Ha-Shishila Prosecutions had referred the matter accounting for the highest number of Kao in the Lesotho Highlands region. of Pitae’s death to the Butha-Buthe people who live in poverty1. In July, The police officers were heavily armed magistrate’s court. political parties agreed to constitutional, with firearms, chisels and sticks. Their governance, security and media reforms faces were covered with balaclava masks to ease tensions that continued to mount. and they broke into houses. The reason IMPUNITY South African President for the raid is unclear, but it happened brokered the agreement. Ramaphosa two days after an altercation in a bar In July, judges from the South African appointed retired South African Deputy between an off-duty police officer and a Development Community (SADC) began Chief Justice Dikgang Moseneke to villager. It also occurred in the context hearing the trial of people accused of mediate the process that led to the of ongoing community-led protests killing Lieutenant-General Maaparankoe agreement. Ramaphosa was appointed for the mine to provide infrastructure, Mahao, who died in 2015 allegedly at by the Southern Africa Development including roads and electricity, to the the hands of members of the Lesotho Community to facilitate dialog between mining-affected community2. The LMPS Defence Force (LDF) who claimed he the parties. spokesperson confirmed on 20 February had resisted arrest while leading a 2019 in a telephone conversation with mutiny. The trial had been postponed Amnesty International that the National from February after 16 of the accused TORTURE AND OTHER ILL- Police Commissioner had opened an appealed first to the High Court and then TREATMENT investigation following the death of Moloi to the Court of Appeal, asking for the and that it is ongoing. The Parliamentary involvement of the SADC judges to be Allegations of torture and other ill- Portfolio Committee on Law and Public declared unconstitutional. Both appeals treatment continued against the police, safety, met with the LMPS and visited were unsuccessful. A SADC Commission but investigations remained inadequate. Kao village on a fact-finding mission, of Inquiry set up in 2015 found no following the death of Moloi, and was evidence that Lieutenant-General Mahao On 16 July 2019, Kabelo Ratea due to present a report on allegations of had planned a mutiny, concluded that appeared before the Maseru Magistrate’s torture to Parliament. he had been deliberately killed and Court after he was ordered to do so by recommended a criminal investigation. the Hamatela Police, on charges of On 27 December 2018, police allegedly The trial had not concluded by year’s robbery. He was taken to the Hamatela rounded up approximately 45 men and end. police station, where he was allegedly transported them to the Mabunyaneng tortured until he soiled himself and river running through the Kao village, police forced him to eat his feces. He where they made all of them lie down

1. https://www.ls.undp.org/content/lesotho/en/home/library/Human-Development-Report-2019.html 2. Amnesty International (AI), Southern Africa Human Rights Defenders Network (SAHRDN) and Transformation Resource Centre (TRC) Public Statement AI INDEX: AFR 33/9896/2019 22 February 2019 Lesotho: Authorities must ensure an independent investigation into torture allegations and death: https://www.amnesty.org/download/ Documents/AFR3398962019ENGLISH.pdf

HUMAN RIGHTS IN AFRICA 50 REVIEW OF 2019 Amnesty International Male inmates detained in the Antalaha central prison, Madagascar, are assembled in the main courtyard, in October 2019. As with many prisons in Madagascar, the overcrowding is extreme. As of October 2019, Antalaha’s central prison was ten times overcapacity, with a majority of male inmates who had not yet been tried. © Amnesty International

characterized by low voter turnout (31%). ECONOMIC, SOCIAL AND CULTURAL MADAGASCAR The majority of the seats (84 out of RIGHTS 151) went to the presidential coalition Republic of Madagascar party, Isika Rehetra miaraka amin’I Access to economic, social and cultural Head of state: Andry Rajoelina Andry Rajoelina (IRD,) as confirmed by 2 Head of government: Christian Ntsay rights remained precarious . Infant the results pronounced by the National mortality remained high, as did the rate Independent Electoral Commission of children under five suffering from People living in poverty faced multiple (CENI). In August, the newly-elected stunted growth. Access to education was barriers to accessing their economic, National Assembly held its first session. low, with one child out of five aged 6 to social and cultural rights, and remained 10 and one child out of three aged 11 at risk. Prison conditions continued to be to 14 remaining out of school. Half the inhumane, overcrowding worsened and INTERNATIONAL SCRUTINY population continued to lack access to the excessive use of pre-trial detention clean water, and 20% lacked adequate persisted. In the second half of the year, In November, Madagascar was examined sanitation.3 the government committed to addressing under the UN Universal Periodic Review the pre-trial detention crisis. process for the third time1. Madagascar In August, the new government received 203 recommendations, backtracked on a commitment made by including on torture and degrading the previous government to adopt a new BACKGROUND conditions in prisons, decriminalization Education Development Plan, which of abortion, and protection of human aimed at facilitating access to school On 19 January, Andry Rajoelina was rights defenders. Madagascar accepted for children living in rural areas. Several sworn in as President, taking over from 163, took 29 recommendations under NGOs working in the education sector Hery Rajaonarimampianina following an further consideration and rejected 11. protested this decision. election. On 27 May, a parliamentary election took place to elect the 151 members of the National Assembly,

HUMAN RIGHTS IN AFRICA 51 REVIEW OF 2019 Amnesty International DETENTION forces remained a common occurrence, Madagascar, marched against plans particularly in the context of the to start mining. The local community, Prisons remained extremely overcrowded, government’s fight against alleged cattle mainly consisting of farming and fishing with the total number of detainees rustlers. Security forces often raided and families, have opposed the mining of increasing, and conditions still looted villages, burned down houses, ilmenite, zircon and rutile for seven inhumane. As of June, the prison and tortured or killed villagers during years. On 2 May, authorities arrested 30 population had reached more than searches for suspected cattle rustlers. community members, accusing them 28,000 people, 56% of whom were in In January, Amnesty International of vandalising the company’s property pre-trial detention. This number is up documented harrowing images of eight during a demonstration. Twenty-one were from 23,759 detainees in December men in Betroka, Southern Madagascar, released, but nine people from Benetse, 2018, when the rate of pre-trial whose bodies were bullet-riddled after Ampototse and Tsiafanoke were charged detention was at 53.21%. they were shot by police during a raid – with burning and vandalizing the Base they were accused of trying to steal from Resources exploitation campsite, and In May, the Minister of Justice informed a shop.5 sent to pre-trial detention in Fianarantsoa Amnesty International4 that he had prison on 9 May. On 13 June, the approved a new, more nutritious diet for The government has failed to ensure Fianarantsoa court acquitted them on detainees, as opposed to their existing justice and redress, and to hold charges of material destruction and diet of mainly (manioc), often suspected perpetrators to account. arson and found them guilty of unarmed served only once a day. By December There is still no accountability for the gathering without permission. They were 2019, however, this new diet had not yet victims from the 2017 revenge attacks released from prison and given six-month been implemented in all prisons across by policemen in Antsakabary, who burnt suspended prison sentences. the country. down 500 houses, leading to the death of an elderly woman. In October, following a press statement SEXUAL AND REPRODUCTIVE by the President emphasizing the need RIGHTS for fair trials, the Ministers’ Council FREEDOMS OF EXPRESSION, moved to organize mobile court hearings ASSOCIATION AND PEACEFUL Abortion remained prohibited in all in all regions of Madagascar, and to ASSEMBLY circumstances. An estimated 16% of increase the use of alternatives to maternal deaths were due to unsafe detention for minor offences. Later The rights to freedom of expression, abortions – according to a Marie Stopes that month, President Rajoelina visited association and peaceful assembly representative, three women died every the capital city’s prison, and publicly continued to be violated. In April, day from a ‘spontaneous or provoked denounced the conditions of detention, investigative journalist Fernand Avimana, abortion’.7 overcrowding and excessive use of pre- popularly known as Fernand Cello, was trial detention, including for cases of acquitted, nearly two years after his petty and minor offences. He announced arrest on charges related to his work and a presidential pardon of detainees held fabricated accusations that he had stolen for minor offences, and committed a cheque book6. He had previously to accelerating trials throughout the accused a mining company and an country. alleged government ally of running an illegal sapphire mine in Ilakaka, South- West Madagascar. POLICE AND SECURITY FORCES In April, members of a community Acts of torture and other ill-treatment opposed to a mineral sands project, perpetrated by the police and the military Base Resources in South-West

1. Human Rights Council adopts Universal Periodic Review outcome on Madagascar (X/X/2019) 2. https://mics.unicef.org/surveys 3. Enquête nationale sur la situation socio-démographique des ménages (MICS) : les indicateurs restent faibles pour Madagascar, https://www.unicef.org/madagascar/ communiqués-de-presse/enquête-nationale-sur-la-situation-socio-démographique-des-ménages-mics-les 4. Madagascar’s new diet for detainees is a step in the right direction, Amnesty International Public statement, 12 June 2019, AFR 35/0519/2019 5. Madagascar: Gruesome killing of suspected cattle thieves must be investigated, Amnesty International Press release, 1 February 2019 6. Malagasy journalist acquitted nearly two years after his arrest, 17 April 2019, AFR 35/0218/2019 7. Madagascar: les femmes et l’avortement illegal, https://fr.africanews.com/2019/09/01/madagascar-les-femmes-et-l-avortement-illegal/

HUMAN RIGHTS IN AFRICA 52 REVIEW OF 2019 Amnesty International Malawi Defence Force soldiers control protester in Lilongwe on January 16, 2020, during a protest to denounce alleged attempts to bribe judges overseeing a legal challenge to the re-election last year of the country’s President. - People took to the streets after the country’s chief justice charged that the five judges presiding over the case had been offered kickbacks. The complaint, which was filed to the Anti-Corruption Bureau (ACB) on January 13, prompted a call for demonstrations in Malawi’s three main cities. © AMOS GUMULIRA/AFP via Getty Images

party activists. Persons with albinism neither the child nor his body had been MALAWI continued to live in fear as ritual killers found by year’s end. murdered at least one person with Republic of Malawi albinism. On a positive note, the High Court Head of state and government: Arthur Peter Mutharika prosecuted and convicted five people on charges of murder of persons with Discrimination against people with DISCRIMINATION - PEOPLE WITH albinism. All five people were sentenced albinism continued, while threats to ALBINISM to death. While Amnesty International freedom of association and peaceful welcomed the convictions, it remains assembly heightened. There were Persons with albinism continued to be opposed to the use of the death penalty increased attacks on Human Rights targeted for their body parts: in many as a form of punishment, even for serious Defenders. of the cases persons with albinism offences. People with albinism also have been killed for ritual purposes and continued to face challenges accessing a superstitious belief that their body healthcare services in district hospitals. BACKGROUND parts would bring luck in business and politics. In January, 60-year-old Yassin 2019 was an election year for Malawi. Kwenda Phiri was murdered in his FREEDOM OF ASSOCIATION AND There were incidences of protests house in Nkhata Bay while his 9-year- PEACEFUL ASSEMBLY in Malawi around elections, and the old son George watched helplessly. Two government used the law to silence civil men cut off his father’s arms with a Following the May general elections, society leaders and organisers of peaceful knife and removed his intestines with opposition parties and civil society demonstrations. Some civil society their bare hands. Goodson Fanizo, 14, organizations were unhappy with the leaders were threatened with death and was abducted in February. Although outcome, alleging electoral fraud. The their property was destroyed by ruling six suspects were picked up by police, Human Rights Defenders Coalition

HUMAN RIGHTS IN AFRICA 53 REVIEW OF 2019 Amnesty International (HRDC) organized protests against and Rehabilitation (CHRR), increasingly people. Bulela Lule later died in a police alleged mismanagement of elections by received death threats through text cell.2 The post-mortem report released on the Malawi Electoral Commission. The messages and was attacked by unknown 12 April revealed that Bulela had been state responded by deploying members people. In October, at around 11pm electrocuted and sustained injuries to his of the police service and the military and unknown gunmen fired six shots at head, buttocks and stomach. applying for court injunctions to stop Mtambo’s vehicle as he drove home from protests. a meeting in Lilongwe. In September, one of the post-election protesters, Justin Phiri, died in custody In August, the High Court dismissed On 25 September, unknown youths of infected wounds that were not treated. the government’s request for an hacked human rights activist Billy He had been severely assaulted by injunction against protests to demand Mayaya and several other activists in soldiers and the police did not take him the resignation of elections commission Blantyre.1 Mayaya sustained serious to a hospital. chair, Jane Ansah. The Supreme Court injuries to his head. Instead of protecting also rejected the injunction request. activists from attacks, police tear-gassed Judge Chikopa concluded that the right demonstrators. to demonstrate in the Malawi constitution was unconditional and the state could In July, Gift Trapence and Reverend not impose blanket bans or use the MacDonald Sembereka were charged with courts to ban the protests. embezzlement of funds and operating unregistered NGOs. They were both discharged by the courts. The two human HUMAN RIGHTS DEFENDERS rights defenders have been targeted to silence them and stop them from Human rights defenders and activists organising further demonstrations. remained under threat as the country prepared for its May general elections. HRDC activists who organized and UNLAWFUL KILLINGS/DEATHS IN led demonstrations against alleged CUSTODY electoral fraud after the May elections were attacked by ruling party youth Excessive use of force, unlawful killings cadres, intimidated, and targeted for and torture persisted with impunity. In prosecution by the authorities. Timothy February, Buleya Lule was arrested in Mtambo, Chairperson of the Human Lilongwe on charges of abducting a child Rights Defenders Coalition and Executive with albinism and appeared in court in Director of the Centre for Human Rights February, jointly charged with five other

1. https://www.nyasatimes.com/dpp-cadets-hack-activist-mayaya-in-arsenal-jersey-abducts-anti-ansah-protesters/ 2. https://africanlii.org/article/20190509/malawi-police-will-be-investigated-suspects-torture-death

HUMAN RIGHTS IN AFRICA 54 REVIEW OF 2019 Amnesty International Malian army soldiers patrol the area next to the river of Djenne in central Mali on February 28, 2020. - A week earlier Mali’s Prime Minister announced the dismantling of the security checkpoints organized by the traditional militia hunters Dan Na Ambassagou from Dogon country. ​© MICHELE CATTANI/AFP via Getty Images

civilians committed by armed groups and International Commission of Inquiry for MALI self-proclaimed ‘self-defense groups’, in Mali established on 19 January 2018 the Mopti region. Cases of extrajudicial was extended to 19 June 2020. Its Republic of Mali executions and torture by military forces mission is to investigate allegations of Head of state: Ibrahim Boubacar Keïta were also reported by the UN. As of abuses and violations of international Head of government: Boubou Cissé (replaced Soumeylou Boubèye Maïga in April) the end of the year, more than 200 human rights law and international 000 persons were internally displaced, humanitarian law committed between 1 according to the UN (they were 120 000 January 2012 and its date of creation. Security deteriorated significantly in the in January of the same year). center of the country, including through intercommunal violence. Armed groups ABUSES BY ARMED GROUPS and security forces continued to commit INTERNATIONAL SCRUTINY abuses and human rights violations. Armed groups continued to perpetrate Impunity for the most serious crimes In December, the ‘UN Independent attacks against civilians, with at least, persisted. The security situation severely Expert on the human rights situation according to UN figures, 450 civilians restricted the right to education. Ban on in Mali stated: “The security situation killed during the year, including over peaceful assemblies was maintained in in Mali has now reached a critical 150 children in the first six months. central Bamako. level, with a limited presence of According to the UN, during the first state institutions in some areas, semester, at least 250 civilians were unprecedented incidents of violence killed in the Mopti region. Between BACKGROUND across communal lines, and increasingly 1 October and 30 December, 200 deadly terror attacks against the security civilians were killed, 96 injured, and Populations continued to be victims forces as well as civilians.” 90 abducted. In that period, more than of human rights abuses notably with a 85 per cent of deadly attacks against multiplication of large-scale killings of Also, the mandate of the UN civilians took place in Mopti Region.

HUMAN RIGHTS IN AFRICA 55 REVIEW OF 2019 Amnesty International According to the UN, in the Mopti region, notably exempt from prosecution persons FREEDOM OF ASSEMBLY thirty-seven people were killed in the who have committed or were complicit in village of Koulogon-Peul on 1 January the commission of crimes in the context A demonstration called by religious 2019. of the “crisis which started in 2012”, leaders was held in Bamako on 5 April except for war crimes, crimes against despite its prohibition by the government. On March 23, at least 150 people, humanity, rape and imprescriptible A blanket ban on protests in central including men, women and children, crimes. The UN Independent Expert Bamako had been enacted following were killed during a raid on Ogossagou. on the human rights situation in Mali the November 2015 attack against Thirty-five people (Dogon community), called for a revision of this law, which the Radisson Blu Hotel. The ban was including 22 children under 12 years could “prevent many victims of serious renewed on October for another year. old, were killed during an attack on violations from exercising their rights Sobane Da on 9 June. Eight days later, to fair and equitable justice, to obtain at least 38 people were killed during a reparation and to know the truth about RIGHT TO EDUCATION raid on two villages (Gangafani and Yoro) the violations committed in the past”. in the Koro district, according to the On the same day, President Keïta Since the beginning of the conflict, government. On November 13, Malian also promulgated a law extending 1,051 schools were de facto closed (by soldiers discovered 20 bodies in the the jurisdiction of the Specialized October 2019) due to insecurity and village of Peh, including some that had Judicial Unit to Combat Terrorism and threats which led teachers to leave, been thrown into wells. Transnational Organized Crime to war affecting 315,300 children. Schools and Armed groups also targeted traditional crimes, genocide and crimes against teachers continued to be targeted by and religious leaders and griots. humanity. armed groups. In October, local media Consistent media news reported that Despite the numerous human rights reported the attack against several on 17 April the chief of Pissa, a village violations and abuses committed since schools in the Timbuktu region by armed in the cercle of Bankass was killed by 2012, few trials and fewer convictions groups. End of October, the government unidentified gunmen. On 22 June the have taken place. Proceedings that announced that five teachers were chief of Hombori, Nouhoum Bah Maiga, opened in 2014 and 2015 against abducted on 25 October in Korientzé was killed by unidentified gunmen, elements of armed groups for sexual (Mopti area) and released few days later. and on 19 July, a famous griot, Modi violence are still at the investigation Djignandé, known also as “Niappa” was stage. The trial of General Amadou Haya killed in Dialloubé by armed gunmen. Sanogo and others has still not resumed after it was suspended in December 2016. General Sanogo has been EXTRAJUDICIAL EXECUTIONS charged in relation to the abduction and extrajudicial execution of 21 soldiers. The Malian defense and security forces also committed human rights violations. The UN documented 17 cases of INTERNATIONAL JUSTICE extrajudicial executions by the Malian Defense and Security Forces in several On 30 September, the International areas, such as Intahaka (Gao region) and Criminal Court confirmed the charges of Mondoro (Mopti region). They were also war crimes and crimes against humanity, responsible for at least 4 acts of torture including torture, rape, forced marriage and ill-treatment. and sexual slavery, against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud. “Al Hassan”, member of Ansar Eddine JUSTICE SYSTEM and de facto chief of Islamic police FIGHT AGAINST IMPUNITY in Timbuktu at the time of the alleged commission of the crimes, is the second On 24 July, President Keïta promulgated person prosecuted before the ICC a “national reconciliation” law, which regarding the Malian situation.

HUMAN RIGHTS IN AFRICA 56 REVIEW OF 2019 Amnesty International Campaign poster asking for the release of Mauritanian blogger. © Amnesty International

for the second time. The presidential connection was restored on 3 July. MAURITANIA election took place on 22 June. In the days following the presidential Islamic Republic of Mauritania ballot, several journalists, opposition Head of state: Mohamed Ould Ghazouani (replaced in August) FREEDOMS OF EXPRESSION AND figures and civil society activists were Head of government: Ismaïl Ould Bedda Ould Cheikh Sidiya ASSEMBLY arbitrary arrested. These include: Samba (replaced Mohamed Salem Ould Béchir in August) Thiam, the leader of the Progressist The Mauritanian authorities continued to forces for change (Forces progressistes silence dissenting voices. pour le changement ) arrested on 24 The Mauritanian authorities continued June and released on 3 July; Cheikhna to restrict human rights. Human rights Cheikh Ould Jiddou and Abderrahmane Mohamed Lemine Cheikh, campaign defenders, journalists, bloggers and Weddady, bloggers whose Facebook posts manager of the Coalition Sawab/ political activists were subjected to criticized alleged government corruption, Initiative for the Resurgence of the intimidation, harassment, arbitrary were arrested on 22 March, charged with Abolitionist Movement (Coalition Sawab/ arrests and detentions, with a peak malicious accusation, and detained at Initiative de resurgence du Mouvement around the presidential elections in June. the central prison of Nouakchott. They Abolitionniste) in Ksar, arrested on June Internet was shut down. Police forces used excessive force against peaceful were released on bail on 3 June and a 24 and released on 2 July; Yahya Sy, protesters. Slavery and discriminatory judge dropped all the charges against of the human rights group COVISSIM, practices persisted with impunity. them on 29 July. arrested on July 3 and released 6 days later without charge; Moussa Seydi On 23 June, the day after the Camara, journalist, was arrested on 26 BACKGROUND presidential election, internet access June, accused of questioning election was blocked after the ruling party’s results and released on 3 July; Ahmedou The Minister of Interior and candidate, Mohamed Ould Ghazouani, Ould Wediaa, anti-slavery activist, Decentralisation issued on 6 March a declared victory. While demonstrations journalist and member of the opposition decree dissolving 76 political parties, were repressed, the blockage of internet party (Tawassoul), arrested on 3 July, as they failed to meet the benchmark of prevented journalists, human rights following statements against the mass 1% of the votes cast over the last two defenders, activists and opposition arrests of foreign nationals blamed by municipal elections or because they did members from freely accessing and the authorities for the election-related not participate to the municipal elections exchanging information. Internet protests. He was released on 15 July.

HUMAN RIGHTS IN AFRICA 57 REVIEW OF 2019 Amnesty International Also, 10 activists of the Initiative for the Mauritania. IMPUNITY Resurgence of the Abolitionist Movement were arrested in late June. Four of them On 28 November, the Mauritanians were sentenced to 3 months in prison. UNLAWFUL KILLINGS celebrated the Independence Day but They were all released in November. also commemorated the 30th anniversary On 16 March, a member of the of the ‘passif humanitaire’, a three- The authorities also banned the Mauritanian contingent of the Joint Force year period that began in 1989 during demonstrations scheduled to take of the Group of Five for the Sahel killed which black African were victims of place on 27 June by opposition groups a civilian in Nbeiket el Ahouach, near torture, arbitrary detention, extra-judicial to contest the results of the 22 June the border with Mali. The Mauritanian executions and mass expulsion. Impunity presidential election. authorities opened an investigation. for the perpetrators of these serious human rights violations and abuses still In October, police forces used excessive prevailed as the authorities did not repeal force to disperse peaceful protests SLAVERY AND DISCRIMINATION the law 1993 law granting amnesty for organized by students against a 2018 alleged perpetrators. decision of the government limiting Slavery and discriminatory practices university enrollments. Dozens persisted with impunity. of students were wounded. The limitation was lifted on 6 November. Academics, NGOs and human rights Demonstrations organized during the year defenders continued to express by a group of victims of alleged property concerns about the persistence of scams were frequently violently dispersed . In its concluding by security forces. observations on the report of Mauritania adopted in August 2019, the UN Human The blogger and prisoner of conscience, Rights Committee expressed its concerns Mohamed Mkhaïtir, arrested in 2014 for regarding the persistence of situations of having published a blog that denounced slavery and the difficulties that victims discrimination in the name of religion, of slavery encounter in filing complaints was released on 29 July after more than in order to enforce their rights. As of five years in arbitrary detention. He 1 January 2019, the United States should have been freed in November terminated its trade agreement with 2017 following an appeal court ruling, Mauritania due to forced labor practices but the authorities detained him at an and reprisals against anti-slavery undisclosed location until his release. He activists. had limited access to his family and no access to his lawyers. On 22 November, the Special Court of Nema, close to the Malian border, convicted three individuals for slavery FREEDOM OF ASSOCIATION and sentenced respectively to a five- year suspended sentence, ten years The Mauritanian authorities continued imprisonment and fifteen years to violate the right to freedom of imprisonment. They appealed the association. decisions and remain free.

An Amnesty International delegation The Human Rights Committee also was barred access to the country upon expressed concerns about the continued arrival at the Nouakchott–Oumtounsy marginalization of “the Haratin and black International Airport on 17 March 2019. African communities (…), particularly in terms of access to education, On 3 April, four policemen informed the employment, housing, health care, social leadership of the association Hand in services, land and natural resources”. It Hand (Main dans la Main) that they had raised concerns about legal provisions to close their premises in Nouakchott. discriminating against women and The association which promotes the lesbian, gay, bisexual, transgender values of fraternity, justice and diversity or intersex people. Article 308 of the was created in 2006 and received Criminal Code criminalizes “unnatural a formal authorization to operate in acts” and carries the death penalty.

HUMAN RIGHTS IN AFRICA 58 REVIEW OF 2019 Amnesty International A trail of destruction after the insurgents attacked a village in , northern Mozambique. © Hizidine Achá

of central and northern Mozambique On 23 January, a South African MOZAMBIQUE in March and April respectively, killing businessman Andre Hanekom died in some 600 people, causing over US$2 mysterious circumstances under police Republic of Mozambique billion damage to infrastructure, homes, custody after being shot in the arm and Head of state: livestock, food and water sources and the stomach. He had been abducted by four livelihoods of over 2 million people. The masked men armed with AK’47 rifles government response was inadequate, in Palma district on 1 August 2018. A Various interrelated trends drove political and disturbing allegations also emerged series of events between security forces, instability. Armed groups carried out that women survivors were forced to trade justice and health services culminated in attacks against civilians, and security sex for food aid. his death. The Mozambican authorities forces were alleged to have committed have not conducted any investigations serious human rights violations and into the torture allegations and his death. abuses in their response to the violence. IMPUNITY – THE CONFLICT IN The crackdown on freedom of expression, CABO DELGADO peaceful assembly and association FREEDOM OF EXPRESSION, continued. Cabo Delgado province continued to PEACEFUL ASSEMBLY AND experience armed attacks by individuals ASSOCIATION believed to be members of an extremist BACKGROUND group, popularly known as “Al-Shabaab”. Authorities continued to crackdown on The attackers invaded villages, set the rights to freedom of expression, The FRELIMO-led government and houses on fire, hacked villagers to death peaceful assembly and association. There the main opposition party, RENAMO, with machetes and looted their food. was an escalation in repression and a reached a peace deal aimed at disarming Although the government increased clampdown on civil society, journalists, RENAMO’s forces and integrating them its military presence in the region, its human rights defenders and activists into the national security apparatus. response was inadequate. Civilians ahead of the elections held in October. However, one faction of RENAMO suspected of being extremists and refused to recognise the deal and began journalists reporting on the attacks were The government restricted media freedom launching armed attacks. subjected to intimidation, arbitrary arrest including by stopping the media from and detention, torture and other ill- reporting the current political and social Cyclones Idai and Kenneth ravaged parts treatment, and even summary executions. conditions in Cabo Delgado. Journalists

HUMAN RIGHTS IN AFRICA 59 REVIEW OF 2019 Amnesty International and researchers were harassed, launched a campaign denouncing the officers arrived at the Maratane Camp in intimidated, arrested and detained for move by government to repay the afore- the evening.3 On arrival, these officers reporting on the conflict in Cabo Delgado. mentioned US$2 billion loans. CIP was beat, hand-cuffed and arrested the After the arrest of Amade Abubacar distributing T-shirts to the public with refugees and asylum seekers without and Germano Adriano in January, the the message “I won’t pay for hidden a warrant. On the same evening, the governor of Cabo Delgado threatened debts”. From 21 to 24 January, the PRM PRM transferred them from journalists during a press conference surrounded CIP’s office in and to the Third Police Station in Pemba, in Pemba that there was much more ordered people to remove the T-shirts, Cabo Delgado. The refugees and asylum happening in the province than human which they then confiscated. They also seekers were not informed of reasons for rights abuses and, warned them of dire ordered CIP to stop distributing the their detention.4 consequences if they continued to report T-shirts. Further, FRELIMO militants have about these abuses. been advocating violence against Fátima Amnesty International also notes on social media, and to this effect, on with concern that on 23 January, the On 5 February, the police used excessive 3 May 2019, Alice Tomás, FRELIMO Government deported seven men from force against 100 demonstrators member of parliament, agitated on the group. They were not notified of who were peacefully protesting the Facebook for Fatima “to be raped by 10 a deportation order, nor were they Administrative Court’s decision to bar strong and energetic men to teach her a permitted to challenge the legality of Manuel de Araújo from running for a lesson.” their deportation. When they arrived in second term as mayor of Quelimane city. Kinshasa, DRC, the immigration officials The police arrested 15 protesters and denied them entry as they did not have one journalist, Nhama Matabicho, who THE RIGHTS OF REFUGEES AND any travel documents and they were sent was covering the protest, confiscated ASYLUM-SEEKERS back to Mozambique. On 26 January, the his equipment, and beat him severely refugees and asylum seekers arrived in prompting hospitalization.1 Amnesty International received worrying Pemba and were immediately transferred reports of arbitrary arrests and attempts to the Third Police Station where they On 18 January, Fátima Mimbire, a to deport refugees by the security were still held at the end of the year.5 woman human rights defender and forces. On 17 January, the police former Centre for Public Integrity and immigration officers arrested 11 (CIP) researcher, received intimidating refugees and five asylum-seekers from messages and death threats on social the Democratic Republic of Congo (DRC) media.2 The attacks began when CIP and Ethiopia. The police and immigration

1. VOA Português, Quelimane: Polícia trava marcha em apoio a Manuel de Araújo e agride jornalista, 5 February 2019. Available at: https://www.voaportugues.com/a/ quelimane-pol%C3%ADcia-trava-marcha-em-apoio-a-manuel-de-ara%C3%BAjo-e-agride-jornalista/4773927.html. 2. Amnesty International, Mozambique: Woman human rights defender facing threats online: Fátima Mimbire, 29 January 2019. Available: https://www.amnesty.org/en/ documents/afr41/9744/2019/en/. 3. Amnesty International phone interviews, 30 May 2019. 4. Amnesty International (13 June 2019) Mozambique: Refugees, Asylum Seekers Held Arbitrarily – AFR 41/0465/2019. Available at: https://www.amnesty.org/en/ documents/afr41/0465/2019/en/. 5. Ibid.

HUMAN RIGHTS IN AFRICA 60 REVIEW OF 2019 Amnesty International Protesters hold a placard in front of Lagos of Assembly during a protest on the Hate Speech bill and Social Media bill, on November 27, 2019. The proposed bill has sparked controversy as they represent an alarming escalation in the authorities’ attempts to censor and punish social media users for freely expressing their opinions.​ © Olukayode Jaiyeola/NurPhoto via Getty Images

deaths. The group also killed at least 16 Nigerian authorities continue to detain NIGERIA abducted civilians. dozens of children alongside adults in connection with Boko Haram crisis. Federal Republic of Nigeria One of the deadliest attacks was in On 29 April, Amnesty International’s Head of state and government: January when the armed group attacked research confirmed that at least 68 boys Rann, killing at least 60 people and were held without charge in Maiduguri Attacks by Boko Haram continued displacing more than 9,000 people. Prisons. 25 detained children were and resulted in hundreds of deaths, Withdrawal of security forces shortly released by the in October occasioned by security forces’ failure before the attack contributed to massive and an additional 86 were released in to protect civilians. The Nigeria Army, exodus of civilians from Rann. November. Police and State Security Service At least 30 people lost their lives in July continued to torture and ill-treat when suicide bombers attacked a football detainees. Communal violence continued viewing center in Mandarari. COMMUNAL VIOLENCE in some parts of the country. Freedoms A female nurse and 5 male aid workers, of assembly, association and expression all staff of Action Against Hunger were At least 96 people were killed in violent were all under attack as the country abducted on 18 July by Boko Haram. clashes between members of farmers’ witnessed an increasing shrinking civic On 25 September one of the male and herders’ communities. Not less than space. The government also disobeyed aid workers was killed by the armed 570 people lost their lives in 5 states several court orders. group who claimed the government had in Northwest Nigeria. Again, at least 20 deceived them following months of secret people were killed on 8 March during negotiations. The remaining 4 male aid a communal clash between the Igburra ARMED CONFLICT workers were killed on 13 December Mozum and Bassa Kwomu communities while the female nurse remains in in . Boko Haram continued to carry out captivity. 11 captives abducted along attacks, abductions and killings of Damaturu – Maiduguri highway in civilians in the Northeast. The armed November were also killed on Christmas group carried out at least 31 attacks day. that resulted in at least 378 civilian

HUMAN RIGHTS IN AFRICA 61 REVIEW OF 2019 Amnesty International IMPUNITY journalists were arrested and detained and supporters of the Indigenous People across Nigeria by security officials for of (IPOB) at different times during Little progress was made in securing participating in the #RevolutionNow the year. accountability for human rights violations protest. and abuses committed by security forces, Boko Haram and other suspected On 12 November, officials of State FREEDOM OF EXPRESSION perpetrators involved in the herders and Security Service beat up one journalist farmers’ clashes. No one was brought and fired teargas and live ammunition The right to freedom of expression to justice for the killing of the Islamic to disperse activists during a protest remained increasingly restricted. Movement of Nigeria (IMN) protestors in to demand for the release of prisoners Journalists, bloggers and media activists different states. of conscience Olawale Bakare and who asked federal and state authorities Omoyele Sowore. The Executive Director probing questions were variously charged In September, Agnes Callamard, of Enough is Enough Nigeria, Yemi with cybercrime and terrorism under the United Nations Special Rapporteur for Adamolekun was also attacked during the Cybercrime Act of 2015 and Terrorism Extrajudicial, Summary or Arbitrary protest. (Prevention) (Amendment) Act of 2013. Executions, at the end of her visit to Amnesty International documented 19 Nigeria, noted that the absence of cases of assault, arbitrary arrests, and accountability functionality in Nigeria is FREEDOM OF ASSOCIATION detention of journalists. contributing to human rights violations and crisis in the country. Ibrahim El-Zakzaky, leader of the IMN On 20 May, men suspected to be officials In its December preliminary report, and his wife Zeenah Ibrahim remained in of the State Security Service re-arrested the Office of the Prosecutor (OTP) of detention despite a Federal High Court journalist Jones Abiri while he was in the the International Criminal Court (ICC) ordering their release in 2016. IMN company of friends at his office premises included two more crimes related members have held regular peaceful in Yenagoa, Bayelsa State. He was to attacks by Boko Haram against processions in Abuja since January 2019 released on 25 October after 5 months humanitarian personnel and recruitment calling for the release of their leader and in prison. He continues to face charges and use of children by the Nigerian his wife. of terrorism and cybercrime, among security forces. The OTP also confirmed others. Jones had earlier spent 2 years in that a final decision whether to carry At least 2 IMN protesters were killed and detention without trial. out a full investigation will be made in more than 60 arrested on 9 July, when 2020, should Nigerian authorities fail to their peaceful protest turned violent after On 4 June, officials of the Special Anti- demonstrate tangible steps to fulfil their security officials fired live ammunition at Robbery Squad (SARS) of the Nigeria obligations under the Rome Statute. the protestors at the National Assembly Police assaulted Kofi Bartels, a broadcast Complex. Most of those arrested journalist with Nigeria Info 92.3 FM radio continued to be held incommunicado in station based in Port-Harcourt, South- FREEDOM OF ASSEMBLY detention facilities in the Federal Capital South Nigeria. He was then arrested, Territory and in Kaduna and Niger States. detained and tortured for attempting to Security forces banned lawful assembly film policemen beating up a teenager in in some states, including Lagos and On 22 July, 11 protestors, a Deputy the city of Port-Harcourt. Rivers, and in some cases, they violently Commissioner of Police and a reporter disrupted peaceful protests, such as the for Channels Television were killed when On 16 September, officials of the Akwa IMN protests in Abuja. police opened fire on IMN protestors Ibom State Environmental Protection and The Unity Fountain, which serves as the during their procession in Abuja. Scores Waste Management Agency assaulted rallying point for most protests in the were injured and many arrested when Mary Ekere, a journalist with The Post capital city was heavily guarded by the officials from the Nigeria Police violently Newspaper in Uyo, Akwa Ibom State, police throughout year. On 17 July, the disrupted the protest, which was largely South Nigeria, for filming their brutality Nigeria Police made an announcement peaceful. against street traders in the city with her restricting all protests in the Federal mobile phone. Capital Territory (FCT) to the Unity On 27 July, a High Court in Abuja Fountain. In October, the Federal proscribed the activities of IMN in any On 1 March, police arrested and detained Capital Territory Administration closed part of Nigeria. The court declared that Obinna Don Norman, journalist and the Unity Fountain for three months “no person or groups of persons should the owner of The Realm News for his for rehabilitation and construction of a henceforth associate with the Shiites for publications on allegations of corruption fence. In July, the Police Command in any reasons.” in Abia state. He faces charges of Plateau state placed a total ban on any cyberstalking under the Cybercrimes Act. form of public procession in the state. Security forces have arbitrarily arrested at On 5 August, several protesters including least 200 and killed at least 10 members On 6 January, armed security forces

HUMAN RIGHTS IN AFRICA 62 REVIEW OF 2019 Amnesty International invaded the office of Daily Trust arrests, physical abuse, sexual violence, violence and inhuman treatment at Newspapers in Nigeria’s capital city verbal abuse and financial extortion of the School for the Deaf, Kuje, Federal Abuja, carting away computers, laptops over 100 women in the Federal Capital Capital Territory (FCT). This case which and mobile phones. On the same day, Territory (FCT) by the Nigeria Police is currently in court, is being monitored two of their offices in Maiduguri and and agents of the FCT Joint Task Team by Amnesty International Nigeria. In July, Lagos were also invaded by security (Department of Development Control, there were allegations of sexual abuse forces. Abuja Environmental Protection Board of female students in the School for the (AEPB) and the Social Development Blind, FCT, which led to the suspension In November, Nigeria’s National Secretariat). These unlawful arrests of two teachers by the Federal Capital Assembly considered two draft of women on suspicion of being sex Territory Administration. Also, in July, legislations: Protection from Internet workers were carried out on streets, the dilapidated state of the Falsehood and Manipulation and other bars, restaurants, nightclubs and School for Special Needs in was Related Offences Bill 2019 and the Bill other relaxation centers. A mobile uncovered by the Governor and he made to establish a National Commission for court convicted many of these women commitments to improve the conditions the Prohibition of Hate Speech. If passed in unfair trials and some of them in the school. into law, the bills will give authorities were sentenced to prison or fined for In April 2019, an Amnesty International arbitrary powers to shut down the ‘wandering’, an offence which has investigation exposed allegation of internet, make criticizing the government been abolished throughout the country. sexual violence against children by or hate speech punishable with penalties These women were denied access to security agents and inmates at Maiduguri of up to a life sentence and a maximum legal representation. Following these Maximum Security Prison. of death penalty. reports of violence against women and campaigns by various CSOs, including On 24 December, Nigerian authorities Amnesty International, the National RIGHT TO HOUSING AND FORCED released Omoyele Sowore, prisoner of Human Rights Commission inaugurated EVICTIONS conscience and publisher of online a Special Investigative Panel on Sexual news website Sahara Reporters on bail. and Gender Based Violence (SGBV) in Some state authorities have continued Amnesty International had earlier named Nigeria. The panel’s mandate includes to forcibly evict residents. People’s Sowore, Agba Jalingo and Olawale reviewing extant laws and regulations, homes and businesses have been Bakare (aka Mandate) prisoners of hearing complaints, investigating alleged demolished by state authorities without conscience and demanded that Nigerian violations, making recommendations genuine consultations, adequate notice authorities release them immediately on remedies for victims and ensuring nor access to remedies. In 2019, the and unconditionally and drop all charges accountability for violations of women’s Nigerian government evicted over twenty against them. While Sowore and Bakare rights. The panel started its sittings in communities in Lagos State, including have been released, Agba Jalingo, a November. On 26 November, the Federal Abagbo, Abule Elepa, Abule Glass, journalist and publisher of Cross River government established the national sex Ajakoji, Akaraba, Bobukoji, Ebute Oko, Watch newspaper remained in detention. offender register in Abuja by virtue of Fashola, Idi Mango, Ilaje, Inangbe / Ilado, He was arrested on 22 August and faces Section 1(4) the VAPP Act. Kopiamy, Ogunfemi, Oko-Kate, Okun charges of terrorism, disturbance of Alfa, Okun Babakati, Second Badagry, public peace and conspiracy to commit Okun Gbogba, Okun Ilase, Okun Kobena, terrorism. He was initially arrested for his CHILDREN’S RIGHTS Sankin, Sapo Okun, and Tokunbo, among writing and social media posts on alleged others. Many other communities in Lagos corruption in Cross River state. Violence against children persists, live under perpetual threats of forced despite the enactment of the Child evictions. Nigerian authorities cited Rights Act (CRA). Since the passage of concerns around pipeline vandalization WOMEN’S RIGHTS the CRA in 2003, just over 20 states and other crimes as justification for out of the 36 states in Nigeria have violating people’s right to housing. Despite the passage of the Violence domesticated the Act. Most Northern Against Persons Prohibition (VAPP) states are yet to domesticate the CRA. Three years after the Otodo-Gbame Act, violence against women remains Children with disabilities continue forced evictions, most of the evictees prevalent in Nigeria. The VAPP Act, a to face discrimination and multiple remain homeless and are living in abject law which criminalizes acts that are barriers, despite Nigeria’s legally binding poverty. Despite the Lagos High Court harmful to and discriminatory against obligation on the right to education. judgment of 21 June 2017 which held women, is applicable in Abuja and has Amnesty International Nigeria has that evictions without resettlement are been domesticated in less than 10 states documented some cases of children who unconstitutional and the order restraining across Nigeria, by the end of the year. face discrimination and abuse due to the government from undertaking further their disability. 7-year old Imran Kanun forced evictions in Lagos, evictions In 2019, there were reports of unlawful Muhammad allegedly suffered sexual have continued unabated. The remedies

HUMAN RIGHTS IN AFRICA 63 REVIEW OF 2019 Amnesty International granted by the court ordering the Lagos Abubakar Idris, social media personality Law No.6 of 2019 and the Rivers State state government to consult with affected better known as Abu Hanifa Dadiyata, Kidnap (Prohibition) (Amendment) No.2 residents and evictees with a view to remain missing after he was abducted by Law No.7 of 2019. resettling them within the state have armed men in his Barnawa, Kaduna state been ignored by the government. Instead, residence on 2 August. the Lagos state authorities lodged an RIGHTS OF LESBIAN, GAY, appeal which remains pending at the BISEXUAL, TRANSGENDER AND Court of Appeal. DETENTION INTERSEX PEOPLE

In September, Leilani Farha -the United Nigerian prisons remain overcrowded. LGBTI organizations reported widespread Nations Special Rapporteur (UNSR) About seventy per cent of inmates are arrests of gays, lesbians and bisexuals on the Right to Adequate Housing awaiting trial. Some of the inmates have by security agents. Gay men were also visited Nigeria. The UNSR declared been awaiting trial for as long as 5 years. targeted by mobs and individuals for the housing conditions in Nigeria as On 14 August, President Muhammadu blackmail and extortions. an urgent human rights crisis. Among Buhari signed the Nigerian Correctional In December, 47 men were tried in other recommendations, she called on Service Bill into law, which he said was Lagos for public displays of affection the Nigerian authorities to take urgent aimed at addressing fundamental lapses with members of the same sex. They measures to decriminalize homelessness in the Prisons Act. were part of 57 men arrested in a and declare a nationwide moratorium on On 2 December, five inmates were killed, Lagos hotel in August 2018. They were forced evictions. and seven others injured after being publicly humiliated and accused of being electrocuted at the Ikoyi Correctional homosexuals. Facility in Lagos. The prison authorities TORTURE AND OTHER ILL- said they were investigating the incident Nigeria is yet to repeal the Same Sex TREATMENT but did not release any report on the Marriage (Prohibition) Act 2013, investigation by the end of the year. which prohibits same sex relationship Torture and other ill-treatment remain with penalties of up to 14 years pervasive within the Nigerian criminal imprisonment. justice system. The Nigeria Police JUSTICE SYSTEM especially the Special Anti-Robbery Squad (SARS), the military and the Nigerian authorities continue to disobey State Security Service (SSS) continue court orders and undermine the rule to subject detainees to torture and other of law. After sustained pressure from ill-treatment. local and international bodies, Omoyele Sowore and Sambo Dasuki, two high In March, a high court in Anambra profile political prisoners were released state ordered the Nigeria Police to pay on 24 December after the government compensation to Ugochukwu Oraefo initially refused to obey several court for unlawful detention and torture. The rulings granting them bail. The Attorney police have neither paid the victim General and Minister for Justice, nor ensured that the police officers Abubakar Malami later announced that responsible are brought to justice. they were released on compassionate grounds. ENFORCED DISAPPEARANCE DEATH PENALTY Amnesty International received credible reports that security agencies, including Courts continued to impose death officials from the police and the SSS sentences. Although no execution was carried out arbitrary detentions and kept recorded, there are still more than 2,000 detainees incommunicado. people on death row. In some states, legislative steps were The security agencies are yet to account taken to expand the scope of the death for about 600 members of the IMN penalty. In March, Rivers state amended whose whereabouts remained unknown its laws to prescribe the death penalty since December 2015 when at least 60 for kidnapping and cultism by adopting IMN members were killed in Kaduna the Rivers State Secret Cult and Similar state. Activities (Prohibition) (Amendment)

HUMAN RIGHTS IN AFRICA 64 REVIEW OF 2019 Amnesty International Refugees from the Democratic Republic of Congo carry their belongings as they walk near the United Nations High Commissioner for Refugees (UNHCR) offices in Kiziba refugee camp in Karongi District, Rwanda February 21, 2018. © REUTERS/Jean Bizimana

BACKGROUND political opponents remained limited. RWANDA Senior members of FDU-Inkingi (the Frank Habineza, the Democratic United Democratic Forces party) were Republic of Rwanda Green Party of Rwanda’s leader and a killed or disappeared in suspicious Head of state: circumstances. Others faced harassment Head of government: Edouard Ngirente former presidential candidate, became the party’s first MP in the 2018 and intimidation at the hands of the parliamentary elections. Major legislative authorities in attempts to stifle their Political opponents faced severe reforms in 2018 included the adoption right to freedom of association. Victoire restrictions on the right to freedom of of a revised Penal Code, Code of Ingabire, the party’s former president, association and some disappeared or Criminal Procedure and counter-terrorism who was released from prison in 2018 were killed. Those expressing opinions legislation. and given a presidential pardon, deemed to be critical of the ruling was repeatedly summoned by the party, the government and its policies, Senatorial elections were held in Rwanda Investigation Bureau (RIB). faced prosecution and lengthy prison September 2019. Subsequently, she left FDU-Inkingi and sentences. Rwanda continued to host formed a new political party in November around 150,000 refugees, primarily from Tensions with neighbouring Uganda 2019. Burundi and the Democratic Republic of continued throughout 2019 despite an the Congo (DRC). President Paul Kagame agreement in August aimed at improving pardoned 52 women jailed for having, relations. ENFORCED DISAPPEARANCES or assisting with, abortions. The right to abortion remained restricted. Efforts The whereabouts of Boniface to bring to justice those suspected to FREEDOM OF ASSOCIATION Twagirimana, FDU-Inkingi’s vice- be responsible for the 1994 genocide president, remained unknown, despite continued. The right to freedom of association for the RIB’s confirmation that they were

HUMAN RIGHTS IN AFRICA 65 REVIEW OF 2019 Amnesty International investigating his disappearance. In EXCESSIVE USE OF FORCE sharing information with international October 2018, the Rwanda Correctional media and human rights groups. Services said that he had escaped By the end of the year, no one had been from the maximum security Mpanga brought to justice for three incidents In December 2018, the High Court International Prison shortly after his in 2018 where security forces used acquitted government critic Diane transfer there. He was accused of forming excessive force against protesting Rwigara and her mother Adeline Rwigara an irregular armed group and threatening refugees resulting, in two incidents in on charges including inciting insurrection state security, along with eight other one day, in the deaths of at least 11 and forging documents. The court ruled party members, but was the only one to Congolese refugees and scores of injuries that social media messages between be transferred. RIB said that they were when police opened fire on protests in Adeline Rwigara and her friends and investigating and his whereabouts were Karongi town and Kiziba refugee camp, family were private conversations and yet to be established. The circumstances both in Western Province. The Rwanda were not proof of inciting insurrection. of his alleged escape suggested that National Police reported that seven he was forcibly disappeared.1 Eugène police officers were also wounded. A few The following April, the Supreme Court Ndereyimana, another party member, months later, further police operations ruled that criminalizing individuals for disappeared in July while travelling in Kiziba resulted in clashes in which the “humiliation of national leaders and to a meeting in Nyagatare in Eastern at least one refugee died from his persons in charge of public service” Province. His colleagues reported him injuries. An investigation by the National and “public defamation of religious missing when he failed to arrive. Commission for Human Rights, published rituals” violated the right to freedom of in February 2019, found that the police expression. However, the Court upheld were in line with the Basic Principles on legal provisions which criminalized the UNLAWFUL KILLINGS the Use of Force and Firearms by Law use of “insults or defamation against the Enforcement Officials. The Commission President” on grounds that “insulting the Anselme Mutuyimana, Victoire Ingabire’s failed to make recommendations to law president harms public order”. President assistant, was found dead in March in enforcement officers to review or improve Kagame responded that the latter suspicious circumstances, while Syldio their practices in policing assemblies provision should be considered a civil Dusabumuremyi, FDU-Inkingi’s national to avoid injuries or killings. Between rather than criminal offence. coordinator, was stabbed to death by 2018 and 2019, more than 60 refugees unidentified men in September. The were charged for participating in and In December, the Court of Appeal following day, RIB announced that they organizing “illegal demonstrations”, upheld convictions against Colonel had arrested two people as part of their “spreading false information with intent Tom Byabagamba and retired Brigadier investigation of Syldio Dusabumuremyi’s to cause a hostile international opinion General Frank Rusagara, two former murder.2 of the government”, “violence against high-ranking military officials, for the public authorities” and other similar peaceful expression of their opinions. charges. Court hearings in a case against They were originally convicted in 2016 REFUGEES AND ASYLUM-SEEKERS members of the Kiziba camp refugee and sentenced to 21 and 20 years’ leadership were ongoing at the end of the imprisonment respectively for “inciting Rwanda hosted around 150,000 refugees year.3 insurrection” and “tarnishing the image and asylum-seekers, primarily from of the government”. In the December Burundi, the DRC, as well as others who decision, their sentences were reduced to had been evacuated from Libya, most FREEDOM OF EXPRESSION 15 years on a technicality. of whom were from Eritrea, and others from Ethiopia, Somalia, Sudan and Those expressing opinions deemed South Sudan. In September, Rwanda, to be critical of the ruling party, the ARBITRARY ARRESTS AND UNHCR and the African Union signed a government and its policies, faced DETENTION memorandum of understanding stating harassment, intimidation, prosecution that the transfers would be voluntary, and lengthy prison sentences. In some cases, authorities failed to follow and that those transferred to Rwanda legal procedures when arresting and would be given options of resettlement A refugee from Kiziba camp remained in detaining suspects. Jackie Umuhoza, the into a third country, return to country of prison serving a 15-year-sentence given daughter of exiled Pastor Deo Nyirigira, origin, return to a country of where first to him in 2018 on charges including was arrested in the capital, Kigali, on asylum had been granted, or remaining “spreading false information or harmful 27 November. The RIB said that she in Rwanda, subject to agreement with the propaganda with intent to cause a was under investigation for treason and authorities. hostile international opinion against the espionage (offences included in the government”, and “causing an uprising ordinary Penal Code). Under normal or unrest among the population”. The circumstances, she should have been grounds for his conviction included held for only five days after her arrest

HUMAN RIGHTS IN AFRICA 66 REVIEW OF 2019 Amnesty International before being brought before a judge. CRIMES UNDER INTERNATIONAL to produce a report based on access to After public scrutiny of the case, the LAW all official documents relating to Rwanda RIB stated that she was being held in in the 1990-1994 period, including accordance with the counter-terrorism Efforts to bring to justice those confidential presidential, diplomatic, law that allows for up to 90 days’ responsible for the 1994 genocide military and intelligence archives. detention without charge, and which continued. requires that detention must be approved In December, a Belgian court sentenced by a prosecutor every 15 days. However, In January, Vincent Murekezi was Fabien Neretse to 25 years in prison the RIB spokesperson declined to confirm transferred, in a prisoner exchange, for his role in the genocide. He was whether a prosecutor had reviewed her from Malawi to Kigali. He had been convicted of multiple murders and detention at that time.4 convicted of fraud in Malawi for which attempted murders, which amounted to he completed his sentence in October, war crimes, and the crime of genocide. but remained in detention in Rwanda, SEXUAL AND REPRODUCTIVE serving a life sentence handed down in RIGHTS absentia by a gacaca court on genocide charges. (Gacaca courts were community- In April, the President pardoned 367 based courts that operated between people convicted for abortion, complicity 2005 and 2012 and drew on traditional in abortion and infanticide. In October, local conflict-resolution mechanisms to he pardoned 52 others jailed on abortion address the genocide, however they did or infanticide charges. This followed not provide all the necessary guarantees substantial revisions to the Penal Code so as to ensure the proceedings were in 2018 which included removing the fair.) The Ministry of Justice confirmed requirement of a court order to obtain that he was eligible to apply for a retrial a legal abortion in cases of rape, incest or for bail but would meanwhile remain or forced marriage. However, in cases in custody. where continuing the pregnancy would pose a risk to the health of the pregnant In April, the French President appointed person or the foetus, authorization from a nine-member commission to review two doctors was still required. Moreover, archival documents relating to the self-induced abortion remained a genocide and to evaluate the role France criminal offence, as well as performing played in Rwanda between 1990 and an abortion in all other circumstances. 1994. The members were given two years

1. Amnesty International, ‘Rwanda: Opposition politician found dead’, 18 March 2019, (Index: AFR 47/0063/2019) 2. Amnesty International, ‘Rwanda: Ensure justice for opposition politician stabbed to death’, 24 September 2019 3. Amnesty International, ‘Rwanda: Investigate killings of refugees,’ 22 February 2019 (Index: AFR 47/9866/2019) 4. Amnesty International, ‘Rwanda: Pastor’s daughter arbitrarily detained: Jackie Umuhoza,’ 20 December 2019, (Index: AFR 47/1600/2019)

HUMAN RIGHTS IN AFRICA 67 REVIEW OF 2019 Amnesty International Demonstrators gather asking for an investigation after a possible corruption case was discovered by a BBC investigation, on June 21, 2019 in Dakar, Senegal. © Xaume Olleros/Getty Images

President Abdoulaye Wade, were FREEDOM OF EXPRESSION SENEGAL excluded from running in the 2019 presidential election. Khalifa Sall, who The authorities continued to unduly Republic of Senegal in 2018 was sentenced to five years in Head of state and government: Macky Sall restrict the right to freedom of expression prison for fraud of public funds, was by prosecuting and detaining people who released on 29 September following express dissent. Authorities continued their crackdown on a presidential pardon. Two of his co- the rights to freedom of expression and defendants were also released. On 25 February, Abdou Karim Gueye, peaceful assembly. Impunity persisted a rapper and activist was arrested after for cases of excessive use of force by publishing a live video on social media police against protesters. Conditions of LEGAL, CONSTITUTIONAL OR which encouraged people to join him in a detentions remained harsh and deaths in INSTITUTIONAL DEVELOPMENTS peaceful protest following the unofficial custody continued to be reported. announcement of the presidential In December, the National Assembly election results. He was charged with unanimously passed a bill toughening “calling for an unauthorized protest BACKGROUND sentences for rape and child sex abuse. without weapons” and “insults by means However, definitions did not comply with of press”. On 4 March, he received a President Macky Sall was re-elected international standards and could be one-month suspended prison sentence in March to a second term. During used to target teenagers under the age and was fined XOF 50,000 (EUR 76). campaign rallies, two people were killed of 16 who engage in consensual sexual In the aftermath of the presidential and many others, including journalists, relations. election, at least 17 opposition were injured in violent clashes between supporters were arrested for “public supporters of opposing candidates. disorder and provocation of revolt”. Khalifa Sall, a former Mayor of Dakar, and Karim Wade, the son of former On 16 July, activist Guy Marius Sagna

HUMAN RIGHTS IN AFRICA 68 REVIEW OF 2019 Amnesty International was arrested and questioned over were released on bail. RIGHTS OF LESBIAN, GAY, his Facebook posts about the lack of BISEXUAL, TRANSGENDER AND adequate medical facilities in Senegal INTERSEX PEOPLE and for a publication on Facebook about DETENTION AND DEATHS IN French military presence in Africa. On 5 CUSTODY Senegal reiterated before the UN August, he was charged with “false alert Committee against Torture that it would of terrorism” and detained at Rebeuss Insanitary conditions and overcrowding not decriminalize “unnatural acts”. At prison in Dakar. He was released on bail continued in prisons. According to least 11 individuals were arrested on the on 16 August. government statistics released in basis of their real or perceived sexual September, Senegal’s 37 prisons held orientation and gender identity. Nine of Adama Gaye, a journalist, was arrested 11,547 people despite a capacity of them sentenced to between six months on 29 July after publishing Facebook 4,224. and five years in prison. posts which criticized President Sall. He was charged with “offending the Head of Pre-trial detainee Louis Dieng died on 20 Human rights defenders working on State” and ‘‘acting to compromise public February at the Mbour prison reportedly LGBTI rights were victims of smear security’’ before being released on bail on from an asthma attack. He was sharing campaigns and death threats. Several 20 September. his cell with 87 inmates. defenders had to flee the country in fear for their safety. On 22 November, Oudy Diallo, an On 2 May, detainee Serigne Fallou environmentalist, was arrested and Ka, 24-year-old, died at the Diourbel detained at Kedougou prison after correction center. Three police officers CHILDREN’S RIGHTS publishing a Facebook post in which he and a security officer in Mbacké were denounced the quotas of lands allocated arrested and charged with “assault Despite having strong domestic laws to administrative authorities. He was and battery resulting in unintentional banning child abuse, Senegal failed to given a two-month suspended sentence homicide” establish a coordinated system of care for and released on 2 December. children forced into begging to protect On 29 August, detainees Babacar them from exploitation and abuse. Mané and Cheikh Ndiaye died from On 6 April, a 12-year boy died FREEDOM OF ASSEMBLY electrocution at Rebeuss Prison after allegedly due to a beating. His Qur’anic a fan malfunctioned, according to a schoolteacher was arrested. Restrictive legislation on the right to statement from the Minister of Justice. On 23 November, five boys were found freedom of peaceful assembly remained enchained in a Qur’anic school. Six in place. The 2011 decree banning suspects, including their parents and assemblies in city centre areas of Dakar INTERNAL ARMED CONFLICT a teacher, were arrested. They were still provided for a blanket ban on released on 4 December after receiving peaceful demonstrations. The Supreme Twenty-five people remained in custody two-year suspended sentences for Court rejected Amnesty International after 14 people were killed on 7 January endangering life, “violence and assault” appeal against the decree. 2018 in the forest of Boffa-Bayotte, in and “complicity”. On 14 June, authorities banned a Casamance, Southern Senegal. Sixteen demonstration in Dakar organized by of them were detained in Dakar, far from opposition parties and civil society their families and a permit from a judge organizations in protest against alleged in Ziguinchor was required for visits. They corruption practices implicating the were transferred to Ziguinchor, southern Guediawaye Mayor, who is the President’s Senegal, on 26 December. One detainee brother, relating to oil and gas extraction died in custody. projects in the country. At least 20 protesters were arrested. Abdou Elinkine Diatta, the leader of the Movement of Democratic Forces Guy Marius Sagna, Prof. Babacar Diop of Casamance (MFDC), was shot and seven other activists were arrested dead on 27 October. Three other on 29 November at a peaceful protest. people were wounded, one fatally. They were charged with “participation in Authorities announced the opening of an an unauthorized gathering”. Sagna, out investigation. on bail from his July arrest over Facebook posts, was charged with “provocation of gathering” and “rebellion”. On 20 December, Prof. Diop and four others

HUMAN RIGHTS IN AFRICA 69 REVIEW OF 2019 Amnesty International School girls in from the Manonkoh community get ready to resume class after a short recess. © Astrid Chitou/ Amnesty International

of the APC at the party’s headquarters At a conference in February, national and SIERRA LEONE in Freetown. On 25 August, the National international NGOs expressed concerns Electoral Commission cancelled the about the Development Cooperation Republic of Sierra Leone results of the 24 August by-election in Framework – the regulations for NGOs Head of state and government: Constituency 110, located southeast of - approved by the Cabinet in December Freetown, because of violence at some 2018. The document required all polling stations. NGOs to register with the Sierra Leone Freedom of expression continued to be Association of Non-Governmental restricted by the use of sections of the Organizations (SLANGO) and stipulated Public Order Act on defamation and FREEDOMS OF EXPRESSION AND that 70% of all donor funds to an NGO sedition. Violations of the rights of ASSOCIATION must be directed to targeted beneficiaries human rights defenders were reported. and 30% towards administrative costs. Police used excessive force and Public officials continued to use Part V of In response to concerns expressed by committed other human rights violations. the Public Order Act (POA), which deals civil society organizations, the Ministry Discrimination against women and LGBTI with defamatory and seditious libel, to of Planning and Economic Development people persisted. silence journalists, activists and other removed the mandatory registration with people who criticize them. SLANGO and expressed its willingness to continue discussions with NGOs in 2020. BACKGROUND A proposed amendment to repeal Part V was approved by the Cabinet, and The High Court, on 31 May, cancelled Parliament made recommendations to POLICE AND SECURITY FORCES the election of 10 members of Parliament be further discussed in 2020. However, from the opposition All Peoples Congress civil society organizations expressed There were growing concerns about (APC) for breaches of the electoral concerns about other draconian public order management by the Sierra law during the March 2018 legislative provisions that could remain in the POA Leone police. Notably, on 21 January polls. Following this decision, violence and which restrict the rights to freedom 2019, two people were shot dead during erupted between police and supporters of expression. clashes between members of local

HUMAN RIGHTS IN AFRICA 70 REVIEW OF 2019 Amnesty International communities and security forces in Court for trial without having to be heard protect the palm oil plantations of the the Sahn Malen Chiefdom in Pujehun in a Magistrate’s Court to determine agribusiness Socfin Group in the Sahn District. On 31 May, police forces caused the sufficiency of evidence. The law Malen Chiefdom in Pujehun District. serious injuries when they used excessive also prescribes life imprisonment as a After the clashes, security forces raided force, including the use of tear gas, maximum penalty for perpetrators of rape in villages looting properties. Nineteen to disperse a protest on APC premises of a child. members of Malen Affected Land denouncing the nullification of some The Ministry of Basic and Senior Owners and Users Association (MALOA) 2018 legislative results. In December, an Secondary Education issued a statement were arrested and charged with alleged investigation was launched into the rape on October 15, clarifying that pregnant destruction of Socfin Group properties of a minor, allegedly by a police officer in girls can now sit exams but still cannot and attack on the police. As of 31 Kenema, eastern Sierra Leone. attend school. On 12 December, the December, their cases were still pending. ECOWAS Court rejected the 2015 On 26 April, the authorities committed government ban on pregnant girls from to legal reforms to give more power sitting exams and attending mainstream LEGAL, CONSTITUTIONAL OR and independence to the Independent school. The Court found that this policy INSTITUTIONAL DEVELOPMENTS Police Complaints Board, responsible amounted to discrimination against for receiving individual complaints and pregnant school girls and breached Human rights NGOs repeatedly asked making recommendations regarding regional and international human rights authorities to reopen the discussion on police abuses. law. the Constitutional Review Committee’s 2017 recommendations to align the Constitution to international human WOMEN’S RIGHTS RIGHTS OF LESBIAN, GAY, rights norms. BISEXUAL, TRANSGENDER AND Sexual violence continued to be a major INTERSEX PEOPLE concern. According to statistics from the Rainbo Initiative, 2,264 sexual Same-sex conduct continued to be assault cases have been reported to its criminalized according to Section 61 centers from January to July, an increase of the Offences Against the Person Act, number when compared to 2018 in with a penalty of up to life imprisonment. which 2,900 cases were reported LGBTI people continued to suffer nationwide for the whole year. On 19 discrimination and stigmatization within February, President Bio declared “a communities and at health centres. State of Public Emergency over rape and sexual violence”. The announcement came amid growing outrage following HUMAN RIGHTS DEFENDERS a series of cases involving minors, including a 5 years old girl. Parliament Violations of the rights of land-rights on 19 June revoked the measure but defenders continued to be reported. on 19 September passed the Sexual On 21 January 2019, two people were Offences Amendment Bill into law. This shot dead during clashes that erupted new legislation provides that all sexual between members of local communities offence cases will proceed to the High and security forces deployed to

HUMAN RIGHTS IN AFRICA 71 REVIEW OF 2019 Amnesty International The streets are seen through the windshield of an armored personnel carrier (APC) during a routine AMISOM patrol in the recently reclaimed town of Qoryooley, Lower Shabelle, Somalia, April 29, 2014. © Private

and abuse. Impunity for human rights ARMED CONFLICT SOMALIA violations was widespread. All parties to the conflict violated Federal Republic of Somalia international human rights and Head of state: Mohamed Abdullahi Mohamed (Farmajo) BACKGROUND Head of government: Hassan Ali Khayre humanitarian law. The UN Assistance Mission in Somalia (UNSOM) recorded a Political tensions intensified throughout total of 1,154 civilian casualties by mid- 2018 and 2019. The Somali federal The ongoing conflict had a devastating November 67% of which were attributed and regional authorities, along with impact on the civilian population and to indiscriminate and targeted attacks, their international partners, focused on over 1000 were killed and injured. The mainly by the armed group Al-Shabaab. fighting Al-Shabaab and on managing authorities cracked down on critics, Al-Shabaab regularly targeted civilians elections including the including journalists, and opposition regional presidential elections in late and civilian infrastructure, launching members stifling their rights to freedom 2018, Puntland parliamentary and indiscriminate attacks, and carrying out of expression and assembly, in some presidential elections in early 2019 and summary killings of those it perceived cases using excessive force resulting Jubaland parliamentary and presidential to be linked to the government, as well in deaths. Al-Shabaab also severely elections in August 2019. The elections as journalists and other civilians. The restricted journalists’ ability to work. were marred by political infighting and group claimed responsibility for a series Sexual violence against women and girls allegations of rigging, and authorities of attacks including a truck bombing in remained widespread. Conflict, drought muzzled freedom of expression and December which killed nearly 100 people and floods displaced more than 300,000 assembly, in some instances using and wounded 78 others at the ex-control people. Over 2.6 million displaced excessive force which resulted in civilian junction in the capital, Mogadishu. people remained at risk of exploitation casualties. Military operations against Al-Shabaab

HUMAN RIGHTS IN AFRICA 72 REVIEW OF 2019 Amnesty International resulted in dozens of civilian deaths Authorities restricted access to Senior opposition politicians, including and injuries often as a consequence of information and used new techniques Wadani Party members Khadar Hussein indiscriminate attacks by Somali and to suppress media freedom including by Abdi (the Secretary General), Barkhad allied forces including the US military bribing media outlets to self-censor and Jama Batun (the spokesperson) and and the African Union Mission in Somalia harassing journalists and other critics Mohamed Sidiq Dhame (the youth wing (AMISOM). both online and offline. In June, the leader), were arbitrarily arrested for Facebook accounts of 10 journalists were criticizing government policies. They Other civilians were killed when caught in permanently disabled without them being were later released but Mohamed Sidiq crossfire during interclan violence which given prior warning by the platform. Dhame faced trumped-up charges and continued in parts of the country. At least eight journalists fled Somalia prosecution. US AFRICOM (the US military’s Africa between late 2018 and the end of 2019 Command, responsible for military following threats against their lives and In April, Abdimalik Muse Oldon, a operations including those fighting remained in exile. freelance journalist, was arrested regional conflicts) continued to use outside his home in Burao for criticizing drones and manned aircraft to carry According to the Committee to Protect President Muse Bihi Abdi on Facebook. out at least 63 attacks, some of which Journalists’ Global Impunity Index, He was charged with “spreading anti- resulted in civilian casualties. At least published in October, Somalia had, for national propaganda” and “disseminating three farmers were killed in an airstrike the fifth consecutive year, the poorest false news” and, in July, sentenced to that hit their vehicle near the hamlet record for prosecuting individuals three-and-a-half years in prison where he of Abdow Dibile, in Lower Shabelle, in suspected of murdering journalists. At remained at the end of the year. March. Since late 2017, the US drone least eight journalists were killed in Although ’s 2001 Constitution attacks had killed at least 17 civilians south central Somalia and Puntland guarantees the right to freedom of and injured eight others. since 2017, two of them in 2019. With expression, including press freedom, the exception of two cases including one the authorities continued to prosecute On 5 April, following several reports in which a police officer was convicted people under the 1964 Penal Code which about civilian casualties resulting from in absentia for killing a journalist in contains several overly broad and vaguely US airstrikes, including an Amnesty Mogadishu in 2018, no one was held worded provisions that can be used to International report, AFRICOM admitted accountable for the other killings. The unduly restrict the right to freedom of that it had killed two civilians in Somalia police officer remains at large. expression. in 2018 and said it would conduct a review of its air attacks since 2017. By In January, the authorities expelled the the end of the year, it had not provided UN Special Representative to Somalia GENDER-RELATED VIOLENCE an update about the review’s status or after he raised concerns about the any findings. killing, by security forces, of protestors in Sexual violence against women and Baidoa following the South West regional girls was widespread in south central AMISOM did not provide any information state’s presidential elections. After his Somalia, and in Puntland. The UN as to the status or outcome of an expulsion, the UN suspended its monthly documented over 100 incidents of sexual investigation it launched into the human rights reports on the country. violence against girls. Attacks often went apparent unlawful killings of four unreported due to a climate of impunity, unarmed men by its forces in Mogadishu as well as the stigma and fear associated in November 2018. FREEDOM OF EXPRESSION IN with the crime which prevented many SOMALILAND survivors from speaking out. Aisha Ilyas Adan, aged 12 years, was FREEDOM OF EXPRESSION Censorship, harassment and prosecution gang raped and killed in February in of government critics increased in North Galkayo, Puntland. After a huge Journalists were beaten, harassed, Somaliland. Authorities raided and public outcry, several suspects were threatened, subjected to arbitrary arrests shut down at least three media houses, arrested and prosecuted. In February and intimidation by the authorities, and arbitrarily arrested and prosecuted 2020, two men were executed by including the police, military and individuals perceived to be critical of Puntland firing squad in Bosaso town for other government officials throughout government policies, including poets, their alleged involvement in Aisha’s rape south central Somalia and in Puntland. journalists and opposition politicians. and subsequent killing. Al-Shabaab members also targeted The Human Rights Centre, a local journalists with violence, intimidation organization, said that 88 people, and threats. In July, two journalists including 26 journalists, were arrested INTERNALLY DISPLACED PEOPLE were killed in an al-Shabaab attack in for cases related to their exercise of Kismayo. the right to freedom of expression and Conflict coupled with recurrent droughts opinion. and floods, and barriers to accessing

HUMAN RIGHTS IN AFRICA 73 REVIEW OF 2019 Amnesty International humanitarian aid, resulted in the internal displacement of over 300,000 people. More than 2.6 million internally displaced people (IDPs) remained at risk of exploitation and abuse including sexual violence and forced evictions. Women and children in IDP camps were particularly vulnerable to abuse, marginalization and exclusion. In November, the President ratified the African Union Convention for the Protection and Assistance of Internally Displaced People (IDPs) in Africa, also known as the Kampala Convention.

HUMAN RIGHTS IN AFRICA 74 REVIEW OF 2019 Amnesty International A man stands behind a fence in a camp where displaced people who fled the anti-immigrant violence took refugee on April 19, 2015 in the village of Primrose, 15 kms east of Johannesburg. The government stepped up on April 19 its response to unrest in Johannesburg and the eastern coastal city of Durban, with Home Minister Malusi Gigaba resolving to end “all acts that seek to plunge our country into anarchy”. © MARCO LONGARI/AFP/Getty Images

the right to livelihoods for millions, as from witnesses regarding allegations SOUTH AFRICA food prices, driven by fuel increases, of “state capture” during former continued to rise throughout the year. president Jacob Zuma’s government. The Republic of South Africa commission continues to hear chilling Head of state and government: Matamela Cyril Ramaphosa testimonies about alleged corruption in BACKGROUND government processes to benefit a few The Commission of Inquiry into individuals perceived to be connected to Allegations of State Capture continued to The ANC won the election on 8 May. Zuma. hear testimonies regarding allegations of Deadly systematic xenophobic violence “state capture” under former president continued against refugees, asylum Police brutality continued, resulting Jacob Zuma’s government after he was seekers and migrants, partly driven by in the death in police custody of a man after he was arrested by the removed from office in February 2018 years of impunity for past xenophobic Johannesburg Metro Police Department by the ruling African National Congress crimes. The violence in August and (ANC). Profound inequalities remain September resulted in the killing of for allegedly skipping a red traffic light. in the country, further undermining at least 12 people, both locals and economic, social and cultural rights, foreigners, and looting of shops belonging including health services with shortage to locals and foreign nationals, as well as EXCESSIVE USE OF FORCE of medicines like ARVs for people living burning and destruction of their property. with HIV/AIDS. Drought, exacerbated by The Commission of Inquiry into State Police watchdog, the Independent Police climate change, continued to threaten Capture continued to hear testimonies Investigative Directorate (IPID) recorded

HUMAN RIGHTS IN AFRICA 75 REVIEW OF 2019 Amnesty International 393 cases of deaths as a result of police in Cape Town. The suspect lured her into reproductive health services and action and 214 cases of deaths in police the post office building after working information. Amnesty International custody in its 2018/19 annual report. hours under the pretence of helping visited communities in the provinces of 124 cases of rape by police officers were her to collect a parcel. The man was KwaZulu-Natal and Mpumalanga where also reported as well as 270 cases of arrested after he confessed to the murder women reported stock-outs and shortages torture.1 and faced charges of rape, murder of contraception and antiretroviral and defeating the ends of justice.5 medicines between November 2018 and In February, the NGO Social Justice He was convicted and sentenced to February 2019.12 Women were still being Coalition laid a formal complaint with life for murder, two life sentences on denied access to safe, legal abortion as IPID. The complaint was laid after its both counts of rape, and five years for the government made slow progress on general secretary, Axolile Notywala, was defeating the ends of justice on 15 increasing the number of public health allegedly assaulted at the hands of the November.6 The prosecutor in charge of facilities providing the service, and has police.2 Notywala was taken into custody the case told the court that Mrwetyana failed to provide information related to during a peaceful protest outside the was raped and bludgeoned to death with abortion on the Department of Health Civic Centre in Cape Town. He alleged a scale inside the post office. website.13 Women reported to Amnesty that he was ill-treated during the arrest, International that they still faced long including being slapped five times and A number of killings and disappearances distances and transport costs to access kept in handcuffs for two hours before of women in various parts of the country an abortion at public hospitals, resulting he was charged with interfering with the were reported in the media after in delays and the risk of being denied an police’s work and inciting protesters. The Mrwetyana’s killing, demonstrating the abortion when the procedure is delayed case was later withdrawn after the police scale of the problem in the country. beyond the gestational limits under the failed to produce the case docket. law The national Commission for Gender On 18 August, Tshegofatso Selahle Equality (CGE), an independent The shortage of emergency medical died in police custody in Johannesburg constitutional institution, expressed transport (ambulances) remains a from injuries sustained from alleged concern in September at the impunity for national crisis. Community members beatings. On 17 August, Selahle was perpetrators of Gender Based Violence in Mpumalanga and Kwazulu-Natal arrested by the Johannesburg Metro (GBV) and femicide, citing a “general continued to report having to pay for Police Department (JMPD) after he lack of decisive action by the state”7 and private transport in emergencies.14 The allegedly skipped a red traffic light in “long delays in prosecuting GBV cases”. country continued to make progress in Johannesburg. Police claimed that he reducing maternal mortality rates,15 but was violent and that he resisted arrest.3 The CGE called for the prioritization data released in 2019 indicated progress of such crimes within South Africa’s was too slow to meet the targets under In August, IPID4 confirmed the death of criminal justice system,8 and greater the UN Sustainable Development Goals a 46-year-old Nigerian national allegedly support for survivors of rape and GBV. at the hands of members of the South However, civil society groups reported In early 2019, the national and Gauteng African Police Service in King William’s understaffing of Thuthuzela Care health departments issued directives Town in the Eastern Cape. IPID reported Centres,9 which are designated sites of requiring foreign nationals to pay in full that police were conducting drug raids medical, forensic, legal and counselling for healthcare at public facilities.16 Fees and that the deceased died during an support for rape survivors, due to the for public health services are means interview with the police. By year’s end failure of the government to fund the tested in South Africa, but key services, IPID was continuing with its investigation centres after the loss of international including primary health care, maternal into the matter. financial assistance.10 Members of health care, abortion and emergency Parliament reported shortages or stock- treatment should be freely available outs of rape kits at multiple police for all. The right to health, including GENDER-RELATED VIOLENCE stations.11 reproductive health, is protected under Section 27 of the Constitution. While Gender-based violence continued to soar the directives were later withdrawn,17 the in the country, including the killing of SEXUAL AND REPRODUCTIVE confusion increased barriers to accessing University of Cape Town student Uyinene RIGHTS health services. In August it was reported Mrwetyana in late August. Mrwetyana was that a woman suffered a still-birth at a allegedly killed by a 42-year-old male Women and girls faced continued public hospital in Mamelodi, Pretoria, post office worker at the Clareinch branch challenges in accessing sexual and after hospital staff refused to help her

HUMAN RIGHTS IN AFRICA 76 REVIEW OF 2019 Amnesty International deliver her baby, allegedly because she service for late former Zimbabwean putting a strain on government services was Zimbabwean.18 president in Soweto that and operating illegal businesses. the two online newspapers should be treated “as enemies”.22 The two media FREEDOM OF EXPRESSION entities are known to have reported BUSINESS AND HUMAN RIGHTS critically about Malema’s and other EFF Journalists continued to face threats, leadership’s financial affairs, including Seven years after the mining strike that harassment and intimidation from certain how they allegedly benefited through resulted in the fatal shooting of 34 politicians and unofficial actors when generous cash injections from the men at Lonmin’s Marikana mine on 16 trying to report on certain political issues executives of the now collapsed, allegedly August 2012 by the South Africa Police and corruption. looted Venda Building Society (VBS) Service, victims and their families who Mutual Bank. were directly affected by the tragedy were In July, the South African National still waiting for justice and reparations, Editors Forum and some journalists including adequate compensation.24 More filed a complaint with the Equality REFUGEES’ AND MIGRANTS’ RIGHTS than 70 others sustained serious injuries Court against the Economic Freedom after the shooting, and some have Fighters (EFF) leader, Julius Malema, Deadly systematic xenophobic violence since lost their jobs through permanent accusing him of hate speech. The continued against refugees, asylum disability. complaint followed attacks they seekers and migrants, partly driven by believed were an attempt to harass years of impunity for past attacks and and intimidate journalists and stop failures in the criminal justice system RIGHT TO WATER them from reporting critically about that have left this vulnerable group the party and its leaders.19 The court exposed and unprotected.23 The violence Villagers in and around Giyani, in action followed instances where Malema in August and September was one of Limpopo province continued to suffer identified journalists by their names the longest since 2008 and resulted from lack of access to water owing to at public political gatherings and on in the killing of 12 people, both locals the collapsed water infrastructure after social media and told his supporters and foreigners, and looting of shops the government tender that was meant to “deal with them”. On 24 October, mainly belonging to foreign nationals, as to supply 55 villages with water came the court ruled against SANEF partly well as burning and destruction of their to a halt25. Despite more than US$148- saying that unpopular, offensive or properties. million having been paid to contractors, controversial views do not necessarily LTE Consulting, Khato Civils and South constitute hate speech. On 5 March, The violence was sparked by locals Zambezi, by the government, the crucial Malema shared journalist Karima Brown’s blaming foreign nationals for illegal drug water supply was yet to be delivered at personal cellular phone number on his dealing and stealing their economic year’s end.26 Twitter account, making her vulnerable opportunities such as jobs and business to receiving abusive messages and opportunities. The Special Investigating Unit threatening telephone calls from his subsequently issued summons to the supporters. Businesses belonging to Nigerians and three companies, seeking a refund of the other foreign nationals were targeted in money they received from the state.27 The court heard how Malema specifically two cities, Johannesburg and Pretoria, targeted journalists in general for their with stock and possessions worth millions critical reporting about the party in the burnt to ashes. The violence escalated run-up to the 8 May election. The South dramatically during the first week of Gauteng High Court later ruled in favour September following confrontations of Brown.20 between locals and foreigners, marked by horrific attacks and killings. On 12 September Malema announced a ban on independent investigative The government has largely failed journalism entity amaBhungane and to address past xenophobic violent the Daily Maverick’s investigative arm, outbreaks across the country, instead Scorpio, from attending the EFF’s often continuing to scapegoat foreign political events.21 Malema told his nationals by claiming they are supporters during the party’s memorial responsible for high levels of crime,

HUMAN RIGHTS IN AFRICA 77 REVIEW OF 2019 Amnesty International 1. http://www.ipid.gov.za/sites/default/files/documents/121764%20IPID%20Annual%20Report%20FULL.pdf 2. https://ewn.co.za/2019/02/01/sjc-to-lay-complaint-with-ipid-over-police-brutality-during-ct-protest 3. https://ewn.co.za/2019/08/21/jmpd-under-pressure-to-explain-how-tshegofatso-selahle-died-in-custody 4. http://www.ipid.gov.za/content/nigerian-national-allegedly-killed-saps-officials-king-william%E2%80%99s-town 5. https://www.iol.co.za/capeargus/news/chilling-evidence-of-uyinene-mrwetyanas-last-moments-and-how-she-fought-back-31755766 6. https://www.news24.com/SouthAfrica/News/luyanda-botha-pleads-guilty-to-raping-killing-uyinene-mrwetyana-20191115 7. Commission for Gender Equality, Media Release, ‘CGE calls for President Ramaphosa to take concrete action in fighting GBV’, 5 September 2019, www.cge.org.za/cge- calls-for-president-ramaphosa-to-take-concrete-action-in-fighting-gbv/ 8. Commission for Gender Equality, Media Release, ‘Uyinene’s murder calls for a re-think in addressing gender-based violence (GBV)’, 4 September 2019, www.cge.org. za/uyinenes-murder-calls-for-re-think-in-addressing-gender-based-violence-gbv/ 9. https://genderjustice.org.za/news-item/sonke-is-alarmed-by-funding-crisis-faced-by-thuthuzela-care-centres-and-the-impact-on-survivors-of-gender-based-violence/ 10. https://bhekisisa.org/article/2019-06-11-00-thuthuzela-care-centres-funding-global-fund-counselling-services-cut/ 11. Department of Women, Youth & Persons With Disabilities quarterly reports; with Minister Women, Youth and Persons with Disabilities 17 September 2019, https://pmg. org.za/committee-meeting/28909/; http://pmg-assets.s3-website-eu-west-1.amazonaws.com/190910rape.pdf 12. www.dailymaverick.co.za/article/2019-05-05-reproductive-justice-the-missing-issue-in-party-manifestos-for-2019-election/; Amnesty International Focus Group Discussion and Interviews in Mpumalanga, 5 & 6 February 2019. 13. Website checked again on 8 October 2019, www.health.gov.za/ 14. www.dailymaverick.co.za/article/2019-05-05-reproductive-justice-the-missing-issue-in-party-manifestos-for-2019-election/; www.dailymaverick.co.za/article/2019-05-28- women-are-still-being-denied-access-to-safe-legal-abortion-in-sa/ 15. https://bhekisisa.org/article/2019-02-12-00-south-africa-measures-to-cut-maternal-mortality-yogan-pillay/; Health Systems Trust, District Health Barometer 2017/2018 published 31 January 2019 at page 68. 16. https://bhekisisa.org/article/2019-03-06-can-foreigners-get-medical-aid-free-healthcare-in-south-africa/; https://bhekisisa.org/multimedia/2019-05-06-law-foreign- nationals-migrant-workers-healthcare-rights-burden-2/ 17. www.businesslive.co.za/bd/national/health/2019-03-04-health-ministry-withdraws-instruction-to-charge-foreigners-top-rate/ 18. https://www.timeslive.co.za/news/south-africa/2019-08-21-zimbabwean-forced-to-give-birth-standing-up-was-told-the-baby-was-stillborn/ 19. https://ewn.co.za/2019/08/05/malema-s-attacks-on-journalists-designed-to-intimidate-court-hears 20. https://www.enca.com/news/karima-brown-wins-court-case-against-eff 21. https://www.news24.com/SouthAfrica/News/we-shall-treat-them-as-enemies-malema-bans-amabhungane-and-daily-mavericks-scorpio-from-eff-events-20190912 22. https://www.news24.com/SouthAfrica/News/we-shall-treat-them-as-enemies-malema-bans-amabhungane-and-daily-mavericks-scorpio-from-eff-events-20190912 23. https://www.amnesty.org/en/latest/news/2019/09/south-africa-years-of-impunity-for-xenophobic-crimes-driving-the-latest-attacks/ 24. https://www.amnesty.org/en/latest/news/2017/08/south-africa-five-years-on-marikana-victims-still-wait-for-justice/ 25. https://www.news24.com/SouthAfrica/News/siu-moves-to-recover-r22bn-in-failed-giyani-water-project-20181127 26. https://www.iol.co.za/news/politics/water-minister-blames-officials-for-failed-project-20554607. 27. https://city-press.news24.com/News/siu-sues-giyani-water-contractors-for-r22bn-20181127

HUMAN RIGHTS IN AFRICA 78 REVIEW OF 2019 Amnesty International Kerbino Agok Wol (L), a businessman, and Peter Biar Ajak, the Senior Advisor on South Sudan and Fragile States for the London School of Economics’ International Growth Centre, sit in the dock inside the courtroom in Juba, South Sudan June 11, 2019. © REUTERS/Samir Bol

as child soldiers and conflict-related BACKGROUND SOUTH SUDAN sexual violence was pervasive. Security agencies arbitrarily arrested and detained After a decades-long armed conflict Republic of South Sudan perceived government opponents and Head of state and government: Salva Kiir Mayardit that ended in 2005, South Sudan critics, including journalists, and gained independence from Sudan on freedoms of expression and assembly 9 July 2011, only to plunge back into Perpetrators of serious human rights were severely restricted. After two years a brutal conflict in December 2013. A violations, committed during the armed of denial by government actors, a UN peace agreement was signed in 2015 conflict, continued to enjoy impunity. Panel concluded in 2019 that it was and, after it collapsed in 2016, a Despite a ceasefire and peace agreement, “highly probable” two outspoken critics comprehensive ceasefire in December civilians were killed in sporadic clashes of the government were abducted in 2017, and a revitalized peace agreement between government forces and armed Kenya and extrajudicially executed in in September 2018 were signed. The groups. Parties to the conflict obstructed South Sudan in 2017. There were 11 parties failed to form the Revitalized humanitarian access and at least three state executions. Violence against women Transitional Government of National aid workers were killed in crossfire. and girls remained widespread. Unity (RTGoNU) envisioned in the peace Millions of people faced food insecurity agreement twice in 2019. The conflict and there was a severe lack of medical resulted in thousands of civilian deaths, care. Children were forcibly recruited countless people physically disabled,

HUMAN RIGHTS IN AFRICA 79 REVIEW OF 2019 Amnesty International the internal displacement of hundreds Despite the release of at least 150 or prosecutions of those suspected of thousands, and the largest refugee children from armed groups and the army of criminal responsibility for human crisis in Africa with over 2 million people throughout the year, armed groups and rights violations or abuses, nor had seeking refuge elsewhere. A famine was government forces abducted children and there been since the conflict began in also declared in parts of South Sudan in recruited child soldiers in a bid to boost 2013. Amnesty International conducted 2017. The years of conflict left countless numbers prior to the cantonment process interviews with 47 individuals linked to people physically disabled and caused a that aimed to gather all government the justice sector and published a report devastating mental health crisis. and opposition soldiers in separate and in October exposing that the national designated sites. justice systems are characterized by a severe lack of independence, and the ARMED CONFLICT government has no political will to hold SEXUAL VIOLENCE IN CONFLICT perpetrators to account. Government forces and armed groups clashed sporadically despite the peace Acts of sexual violence were carried out The government also continued to block agreement in place, mainly in the south. by all parties to the conflict, including the establishment of the Hybrid Court for While displaced people began to return as a tactic to target members of another South Sudan, provided for in the 2015 home, the sporadic clashes, the threat of . Although, typically, cases and 2018 peace agreements, to address renewed violence in some areas - often were massively under-reported, the the legacy of past violence and provide related to border and land disputes - UN Mission in South Sudan, verified justice, truth and reparations to victims and the occupation of their homes and 93 incidents of conflict-related sexual of the 2013 conflict.1 properties, made voluntary returns unsafe violence against women, men, girls for many. and boys between December 2018 and November 2019, including gang ARBITRARY DETENTIONS AND All parties to the conflict continued rape, rape and attempted rape, sexual TORTURE AND OTHER ILL- to perpetrate serious violations of mutilation, and forced nudity. Women TREATMENT international humanitarian and human and girls were disproportionately rights law, including indiscriminate affected. Perpetrators included The National Security Service (NSS) attacks, recruitment and use of children community-based militias, combatants and the Military Intelligence Directorate and acts of sexual violence. In October, awaiting the cantonment process, and (MID) arbitrarily arrested perceived three aid workers were killed when, other armed groups and government government opponents and critics, according to OCHA, they were caught in security forces. including journalists and members of crossfire during clashes that broke out civil society, and arbitrarily detained between armed groups. In March, the army launched an action them for prolonged periods in harsh plan to address conflict-related sexual conditions, without charge or prospect of violence. The plan had been agreed in trial. Detainees were denied the right to CHILDREN’S RIGHTS IN CONFLICT the 2014 Joint Communiqué between have their detention reviewed by a court the government and the Special and were often subjected to torture and The conflict had a particularly Representative of the UN Secretary other ill-treatment. devastating effect on children. The UN General on Sexual Violence in Conflict, country task force on monitoring and and provided for, among other things, Detention conditions in facilities run reporting on children in armed conflict stronger coordination between military by the NSS in Juba, the capital, were documented 194 incidents of grave and civilian justice systems and vetting harsh. Cells were overcrowded, and violations committed against children by to exclude perpetrators of sexual violence detainees were denied adequate food, armed groups and state security agents, from serving in the army. In June, Riek water and medical care. Some were including the recruitment and use of Machar, leader of the main armed held incommunicado. In June, a special children in combat and supportive roles opposition group, endorsed a similar tribunal in Juba sentenced six men to as porters, cooks, and spies, killings action plan. between two and 13 years’ imprisonment and maimings, rapes and other forms of following a grossly unfair trial.2 They sexual violence, and abduction. It also were convicted for their alleged roles recorded 13 incidents where schools IMPUNITY in an uprising in the NSS headquarters were taken over for military purposes, as detention centre in Juba in October well as five attacks on schools. There were no credible investigations 2018. One of them, Peter Biar Ajak, an into crimes under international law, academic and activist, was convicted for

HUMAN RIGHTS IN AFRICA 80 REVIEW OF 2019 Amnesty International promoting public violence and disturbing government, Dong Samuel Luak, a Broadcasting, Telecommunications, the peace, while another, Kerbino Agok human rights lawyer, and Aggrey Ezbon and Postal Services continued to block Wol, a businessman, was found guilty of Idri, a political opposition member, were online media websites Radio Tamazuj various crimes against the state. Peter extrajudicially executed by NSS agents and the Sudan Tribune as well as blog Biar Ajak and Kerbino Agok Wol had been while being held in a facility on the sites Nyamilepedia and Paanluel Wel. arbitrarily arrested by the NSS in July President’s farm in Luri on the outskirts The authorities suspended the Al-Watan 2018 and April 2018 respectively. After of Juba on 30 January 2017. The Panel newspaper6 for operating without a their convictions, they were transferred said the men were kidnapped by NSS licence, two months after the Media from the NSS detention centre to Juba agents in Nairobi, Kenya around one Authority and the NSS warned the paper Central Prison where they remained; their week before their deaths and flown to to stop reporting on anti-government appeals against their convictions were South Sudan where they were detained protests. The NSS continued to censor still pending at the end of the year. in the NSS headquarters at Jebel in print media. Juba and then moved to a facility on the MID officials also carried out arbitrary President’s farm. The right to peaceful assembly was arrests, including of at least four youths violated. In May, protesters in Juba in August, who were subsequently South Sudan and Kenya’s governments were prevented from participating in arbitrarily detained for criticizing the ex- consistently denied their involvement. a peaceful demonstration after the governor of the former Lakes State. The South Sudanese authorities failed to government deployed the military independently and effectively investigate onto the streets, made house-to-house the apparent extrajudicial executions. searches and otherwise threatened DEATH PENALTY In July, human rights lawyers sued the protesters. The demonstration was led Kenyan and South Sudanese government by the Red Card Movement (RCM), a The authorities executed 11 people at the Court of Justice for the South Sudanese diaspora-led group during the year. Seven men were enforced disappearance and extrajudicial which calls for a free, fair and open executed in February alone, in Juba killings of the two men. In December, society in South Sudan, and a peaceful Central Prison and Wau Central Prison, the US government-imposed sanctions change of government.7 Soon after the three of whom were from the same against five people it believed were RCM emerged and announced plans family.3 The family of the three men responsible. for peaceful demonstrations, suspected were not given advance warning of the members were targeted with arbitrary executions. In September, a young man restrictions, arrest, harassment and was hanged in Wau Central Prison for FREEDOMS OF EXPRESSION AND intimidation. RCM protests took place in murder. He had been convicted and ASSEMBLY Australia, the US, Ethiopia, Kenya and sentenced to death by the High Court Sudan. Protesters in Kenya and Ethiopia in former Lakes State while still a child Authorities continued to restrict the said they were targeted by NSS agents aged 17 years. right to freedom of expression, targeting and threatened with abduction. media workers as well as human At the end of the year, Magai Matiop rights defenders and other critics and Ngong remained on death row in Juba subjecting them to harassment, arbitrary VIOLENCE AGAINST WOMEN AND Central Prison, pending an appeal against arrests, and prolonged detention.5 GIRLS his conviction. He was sentenced to Journalists and media workers were death in 2017 when he was 15-years- detained during the year. Media Violence against women and girls old following a trial without legal organizations were suspended and remained prevalent. Women’s rights representation. He was found guilty of foreign correspondents, seen as critical organisations continued to report cases murdering his cousin whose death he of the government or its allies, had their of families that forced their daughters claimed was an accident. accreditation revoked. The NSS made into marriage for dowries, including girls widespread use of informants to infiltrate under the age of 18, a practice which and inform on individuals perceived as often had a detrimental effect on their EXTRAJUDICIAL EXECUTIONS critics of the government. This led to sexual health. In April, a 20-year-old self-censorship and an environment in woman was killed for refusing to marry a In April, the UN Panel of Experts on which people could not work or speak man chosen by her family.8 South Sudan issued a report4 which freely. concluded that it was “highly probable” In August, the Chief Justice announced that two outspoken critics of the The Ministry of Information, that plans were underway to establish a

HUMAN RIGHTS IN AFRICA 81 REVIEW OF 2019 Amnesty International special court for gender-based violence least 7.1 million people in 2019 were from accessing food, clean water and which would include domestic violence in need of humanitarian assistance and essential services. cases. the Integrated Food Security Phase Classification estimated that as many LACK OF HUMANITARIAN ACCESS as 6.9 million could face severe food insecurity. Parties to the conflict obstructed the access of ceasefire monitors, UN staff The dire humanitarian situation was and humanitarian personnel to affected exacerbated by catastrophic floods that areas. started in July and destroyed the lives and livelihoods of nearly one million The UN Office for the Coordination of people, including 490,000 children Humanitarian Affairs reported that at according to UNICEF, preventing them

1. South Sudan: “Do you think we will prosecute ourselves?” No prospects for accountability in South Sudan (AFR 65/1105/2019) 2. South Sudan: Amnesty International slams sham trial that resulted in prison sentences for six men including activist Peter Biar Ajak (AFR 65/0510/2019) 3. South Sudan: Seven men including members of one family hanged amid spike in executions, Amnesty International Media Statement, 1 March 2019, Available at www. amnesty.org/en/latest/news/2019/03/south-sudan-seven-men-including-members-of-one-family-hanged-amid-spike-in-executions/ 4. South Sudan: Investigate apparent 2017 killing of activists (News story, April 2019) 5. Amnesty International urges South Sudan to rein in the National Security Service and respect the rights to freedom of expression and peaceful assembly (AFR 65/1050/2019) 6. South Sudan: Journalists at risk ahead of unity government (News story, November 2019) 7. South Sudan: “We are at risk and on the run” - Security agents track down peaceful protesters (AFR 65/0692/2019) 8. South Sudan: Provide justice for girl killed for refusing to marry (News story, April 2019

HUMAN RIGHTS IN AFRICA 82 REVIEW OF 2019 Amnesty International A woman flashes the v fo victory sign as Sudanese protesters demonstrate in Khartoum on July 25, 2019. - Sudanese protest leaders and their rebel partners have ended their differences over a power-sharing deal signed with the country’s military rulers, vowing to work jointly for peace, a leading protest group said on July 25. © ASHRAF SHAZLY/ AFP via Getty Images

investigation. Government forces and and a coalition of opposition groups, SUDAN allied militias continued to carry out war the Constitutional Declaration was crimes and other serious human rights signed. It contained a new Bill of Rights Republic of Sudan abuses in Darfur with full impunity. strengthening the protection of human Head of state: Abdel Fattah al-Burhan (replaced Omar rights. On 21 August, the Transitional Hassan Ahmed al-Bashir in 12 April 2019 Military Council (TMC) was dissolved Head of government: Abdalla Hamdok BACKGROUND and a new Sovereign Council and Prime Minister were appointed. A new cabinet The year was marked by a deepening Political unrest which, in December was formed in September. economic crisis, excessive use of force 2018, brought Sudanese people to and unlawful killings by Sudanese the streets to express their anger over security forces against peaceful the rising cost of living and erosion of EXCESSIVE USE OF FORCE AND protesters which resulted in at least 177 political freedoms, quickly gathered UNLAWFUL KILLINGS people killed and thousands injured. momentum. The protests led to a Security forces used live ammunition military coup in April which overthrew The year was marked by sustained and against demonstrators, beat them on the the National Congress Party (NCP) brutal attacks by security forces against streets and in hospitals and arbitrarily government, and President al-Bashir peaceful protesters, following mass street detained thousands who faced torture and other senior party leaders were protests which began in December 2018 and other ill-treatment in detention. arrested. On 17 August 2019, after in response to the economic and political These violations mainly remain under lengthy negotiations between the military crisis, and the systematic violation of a

HUMAN RIGHTS IN AFRICA 83 REVIEW OF 2019 Amnesty International wide range of human rights. By April, and tear gas, beat protesters and set a national state of emergency which when President al-Bashir was deposed, their tents alight and committed horrific led, three days later to five presidential the use of excessive and lethal force acts of sexual violence. At least 100 decrees that gave sweeping powers to had left 77 civilians dead and hundreds were killed, while 700 needed medical security forces and which restricted injured. In the period up to April, attention. The wounded were pursued the rights to liberty, security of person, National Intelligence Security Service in nearby hospitals. The security forces freedom of expression, peaceful officers committed unlawful killings, tried to hide their crimes, dumping dead assembly, and association. 4This was mainly as a result of live ammunition bodies weighed down with bricks in the followed by the deployment of large used to disperse protesters. Hundreds River Nile.3 numbers of security forces, including the of demonstrators were also beaten, army, on the streets. arbitrarily arrested and detained, and faced torture and other ill-treatment, LACK OF ACCOUNTABILITY Thousands who were arrested for to suppress their rights to freedom of participating in peaceful protests in early expression, association and assembly. Since December 2018, only one case 2019, many of whom had been tortured In Khartoum, the capital, and elsewhere, relating to human rights violations or otherwise ill-treated in detention, the security forces frequently attacked by security forces against protesters, were released in April after the removal residential areas and entered houses and was brought to trial while other cases of President al-Bashir’s government. At hospitals. In one incident on 9 January, remained under investigation. In October, the end of the year, at least 23 senior officers entered a hospital and fired the Prime Minister of the transitional National Congress Party members live bullets and tear gas, searching for government formed a national, remained in detention after being people being treated for gunshot wounds independent investigation Commission arrested in April. They had not been sustained during protests earlier in which it said would conduct transparent charged with a recognizable criminal the day in Omdurman, on the outskirts and thorough investigations into human offence. of Khartoum. The security officers rights violations carried out on 3 June. opened fire in the hospital courtyard In June, the Sudanese Professionals and marched into the emergency and The Commission was expected to Association, which organized protests, medical sections of the Omdurman publish its reports and findings within issued warnings of an expected attack Hospital, beating patients and doctors. three months. However, the deadline by security forces to stop a sit-in outside At least three people had been killed in was extended beyond the three months the military headquarters in Khartoum. the demonstration that day as a result period. Meanwhile, about 40 security Protesters had camped there since 6 of gunfire, while eight people were force officers were brought to trial for April. On 3 June, RSF and other security hospitalized with gunshot wounds in the the death of Ahmed El-khair, a 40-year- forces attacked the protesters with head, chest, stomach and legs old teacher who died as result of torture firearms and tear gas. Hundreds were in detention on 1 February. On 30 arrested, and while many were released On 24 February, security forces fired live December 2019, a court in Khartoum an unknown number remain missing. ammunition and tear gas at protesters in sentenced 29 security officers to death Later, the TMC issued a statement Khartoum state, injuring at least three for the killing of Ahmed El-khair. claiming the sit-in was infiltrated by people. Another group of officers forced “uncontrollable elements” and had their way into the University of Medical Violations perpetrated in the conflict therefore become a hotspot for crime Sciences and Technology campus in Darfur remained unpunished. No and a threat to the protesters. On the in Khartoum where students were investigation has been initiated into same day, the TMC wrote to diplomatic peacefully protesting. They fired tear gas war crimes and other serious human missions asking them to stay away from into classrooms, beat up students and rights violations committed in the year the protest site. arrested dozens of them. or during the previous regime. Sudanese Between 3 June and 9 July, the authorities also continued to refuse to government blocked internet access in Security forces continued to use surrender suspects under arrest warrant a calculated effort to crush any dissent excessive force against protestors for genocide, crimes against humanity and prevent human rights activists following President al-Bashir’s deposal in and war crimes committed in Darfur to from reporting on the attacks against April. In June, over 100 protesters were the International Criminal Court. protesters. killed in a three-day period in attacks led by the Rapid Support Forces (RSF), a special military force allied to the FREEDOMS OF EXPRESSION, ARMED CONFLICT former government.1 In a particularly ASSEMBLY AND ASSOCIATION brutal event, on 3 June, the RSF and DARFUR other security forces attacked a peaceful During the first four months of the Despite a reduction in violence in some sit-in in Khartoum state.2 They arrived year, the authorities severely restricted parts of Darfur, the conflict continued at the protest in vehicles without number the rights to freedom of expression, in the Jebel Marra area where the plates, carrying hundreds of heavily peaceful assembly and association. On Sudan Liberation Army-Abdul Wahid armed soldiers, and fired live bullets 22 February, the Government imposed (SLA-AW) fought the Sudanese Army

HUMAN RIGHTS IN AFRICA 84 REVIEW OF 2019 Amnesty International and the RSF. Government forces and East Jebel Marra in Otash camp to an people living in the area since 2011. By allied militias continued to carry out estimated 10,300 by 26 May. According end of 2019 the government agreed to war crimes and other serious human to OCHA, approximately 2 million people allow humanitarian assistance to SPLM-N rights abuses including killings, sexual were displaced by violence throughout controlled areas in South Kordofan and violence, systematic looting and forced Darfur, many of whom remained as Blue Nile. displacement. refugees in neighboring Chad.

New satellite evidence and testimonies South Kordofan and Blue Nile which emerged during the year confirmed The ceasefire between the government that government forces, including the and the Sudan People’s Liberation RSF and associated militias, damaged Movement/Army-North (SPLM/A-N) or destroyed at least 45 villages in Jebel in South Kordofan and Blue Nile Marra between July 2018 and February continued to hold. The Famine Early 2019. The UN Office for the Coordination Warning Systems Network said that the of Humanitarian Affairs (OCHA) humanitarian situation in SPLM/A-N- estimated that 6,000 new internally controlled areas had reached crisis point displaced people (IDPs) arrived in Otash in terms of food insecurity, exacerbated IDP camp during the same period, by the poor micro-economic conditions bringing the total number of IDPs from in all of Sudan, affecting 1.2 million

1. Sudan: Remove Rapid Support Forces from Khartoum streets immediately (News story, June 2019) 2. Sudan: International community should impose sanctions on transitional authorities (News story, June 2019) 3. Sudan: Soaring violence calls for urgent international response (News story, June 2019) 4. Sudan: State of emergency intensifies brutal government crackdown on protests (News story, February 2019

HUMAN RIGHTS IN AFRICA 85 REVIEW OF 2019 Amnesty International Digital activist Maxence Melo gestures prior to appearing in court for his bail hearing in Dar es Salaam on December 19, 2016. Melo who had been held in custody since December 13, for refusing to reveal user data from his whistleblowing website, Jamii Forums, was granted bail on December 19. The website said earlier that police were attempting to discover the identities of Jamii Forums’ contributors and users, under a recently-passed cyber crimes law, but that their efforts had been thwarted. © DANIEL HAYDUK/AFP via Getty Images

subjected to government pressure to participating in civic education courses, TANZANIA return to Burundi where they were at risk effectively denying them access to of serious human rights violations. LGBTI information. United Republic of Tanzania people were subjected to violence, legal The government refused to implement Head of state and government: John Magufuli harassment and discrimination. several East African Court of Justice rulings, including a judgement in The authorities severely restricted the March (Reference No 2 of 2017, Media rights to freedom of expression and FREEDOMS OF EXPRESSION AND Council of Tanzania & 2 others v the association, and targeted journalists, ASSOCIATION Attorney General of the United Republic human rights defenders and political of Tanzania) which directed them to opposition members. Repressive In January, ahead of the October 2020 amend Media Services Act provisions legislation with broad provisions gave general elections, the government and bring them in line with the Treaty authorities sweeping powers to silence amended the Political Parties Act to for the Establishment of the East African critics and stop media outlets, NGOs give the Registrar of Political Parties Community. and political parties from operating. powers to deregister political parties on Authorities arbitrarily arrested and vague grounds such as “contravening the In June, an omnibus law was passed, prosecuted government critics on Act”, demand unreasonable information overriding the NGO Act and giving the trumped-up charges, and security forces from them, and suspend members of Registrar of NGOs sweeping powers and were implicated in abductions and political parties. The new provisions wide discretion to investigate, evaluate enforced disappearances. Burundian required organizations and individuals and ban NGOs from operating, based on refugees and asylum seekers were to get approval from the Registrar before vaguely worded provisions.

HUMAN RIGHTS IN AFRICA 86 REVIEW OF 2019 Amnesty International The fear of bans and prosecution In July, Erick Kabendera, an investigative told the BBC that journalist Azory deterred journalists and others from journalist who has previously written Gwanda was dead without specifying exercising their right to freedom of for the Economist Intelligence Unit the circumstances of his death, whether expression. In February, the Tanzania and other international media outlets he had been murdered, or whether the Communications Regulatory Authority about governance issues in Tanzania. government would investigate and bring suspended The Citizen newspaper for was abducted by unidentified men who alleged perpetrators to justice. He had one week claiming it had violated the drove him to an undisclosed location disappeared from his home near Kibiti, Bank of Tanzania’s reporting standards where he was held for more than 24 Rufiji district in 2017, in suspicious by reporting on inflation. Suspended hours before the police admitted they circumstances, after he wrote about the media outlets were often banned from had detained him. Since his arrest, the murders of local government officials and reporting even after their suspensions court postponed his trial more than 12 police officers by unknown assailants. had expired. Bans against MwanaHalisi times and refused bail each time. He There has been no investigation either and Mawio newspapers remained in force was denied medical care in detention. into the enforced disappearance of Ben after the authorities suspended them in He remained in Segerea Prison, Dar es Saanane, a supporter of the opposition September and June 2017 respectively. Salaam at the end of the year, facing Party for Democracy and Progress. Before The ban was enforced despite the two prosecution on charges of money his disappearance in 2016, he posted media outlets reapplying for a licence laundering and involvement in organized a message on social media questioning and appealing to the Minister of crime. the validity of the President’s academic Information, Culture and Sports to be credentials. allowed to resume publishing. Joseph Gandye, a broadcaster at Watetezi The authorities continued to crackdown TV, and another journalist at Gilly Bonny on dissent, targeting journalists, and Online TV, were arrested in Dar es Salaam HUMAN RIGHTS DEFENDERS arresting and prosecuting more than on 22 and 24 August respectively. They 20 people in connection with offline were accused of covering an opposition Human rights defenders were attacked, and online content, in an attempt to party meeting and reporting inaccurate threatened, unlawfully arrested, banned prevent individuals from reporting on information. Joseph Gandye’s arrest came from travel, and found themselves human rights violations or other criticism soon after he broadcast a programme victims of smear campaigns to discredit directed against them, as well as to about police torturing detainees. Both them or their work. The High Court in punish such acts. (see below). men were released on bail after three Dar es Salaam in September suspended days on charges of publishing false Fatma Karume, a human rights lawyer, information. At the time of publication of from practicing law after she challenged ARBITRARY ARRESTS AND this report they were still awaiting trial. the Attorney General’s appointment. The DETENTIONS court ordered the suspension, pending a disciplinary process before the Advocates The authorities continued to arrest and ABDUCTIONS Disciplinary Committee. prosecute government critics on trumped- up charges. Amnesty International Security forces were implicated in Human rights defenders who documented cases of five journalists and abductions and enforced disappearances. campaigned, mainly in rural areas, for two HRDs arrested. The implementation Government critic, Mdude Nyagali was accountability from the government and of repressive laws particularly affected abducted by armed men in May as he left corporations for environmental damage the poor and marginalized by imposing work, hours after he called the President and human rights violations related to unreasonably costly bail and bond a “hypocrite” on Twitter. Five days later extractive industries, were harassed, conditions and using provisions that his body was found dumped in a bush. threatened, arrested and detained by the allowed courts to unreasonably deny Tito Elia Magoti was abducted on 20 police. They were accused of espionage bail or bond or to subject defendants December according to members of his and inciting communities and people to unnecessary and repeated court family. Tanzania police later claimed against investors. They were also arrested appearances. they arrested him for his involvement for participating in peaceful protests in organized crime and possession of while some lawyers who sought to In April, the Immigration Department at a computer programme designed for represent them were arrested, detained Julius Nyerere International Airport in committing an offence, including money for prolonged periods without bail and Dar es Salaam detained and deported laundering. He appeared before the often not brought before a judge to review Wairagala Wakabi, director of the Resident Magistrate’s Court of Dar es their detention. Collaboration on International ICT Policy Salaam The offences he is charged with in East and Southern Africa (CIPESA), are unbailable. His family had access to In November, the government passed back to Uganda on grounds he was a him. legislation to withdraw individuals and “prohibited immigrant”. He had travelled NGOs’ possibility to file human rights to attend a human rights event. In July, the Foreign Affairs Minister cases before the African Court on Human

HUMAN RIGHTS IN AFRICA 87 REVIEW OF 2019 Amnesty International and Peoples’ Rights. This was done in return refugees “whether voluntarily or Advocacy, which along with two other a context in which Tanzania’s criminal not”. While UNHCR, the UN refugee organizations, was accused of “promoting justice system has repeatedly been agency, provided financial and logistical unethical acts.” found violating international standards support for the returns programme, it LGBTI people faced violence and of fairness by the regional court, thus maintained that conditions in Burundi harassment from the police and were preventing other cases from being were not yet conducive to promoting discriminated against in government brought in cases where similar cases returns (see Burundi entry). Around health centres. Consequently, many would arise. 80,000 Burundians have been returned avoided clinics, preferring to stay under the returns programme since 2017, while over 160,000 remained in underground which further undermined REFUGEES AND ASYLUM-SEEKERS Tanzania at the end of the year. their right to health. In September, the Deputy Home Affairs Government officials increasingly Minister called for the arrest of anyone pressured refugees and asylum-seekers RIGHTS OF LESBIAN, GAY, “promoting” homosexuality. There were into returning to Burundi, where BISEXUAL, TRANSGENDER AND no further details on what he meant by they risked human rights violations, INTERSEX PEOPLE (LGBTI) “promoting”. restricting their freedom of movement, living conditions s and economic Authorities subjected men perceived opportunities. The President and other to be gay to forced anal examinations senior government officials repeatedly, to obtain evidence of same-sex sexual and publicly, told them to return. Many relations and prosecute them in criminal returnees in Burundi said the difficult cases. In April, the Registrar of NGOs humanitarian conditions in Tanzania was announced that the government had one reason for leaving. cancelled the registration of six health organizations which worked on the In August the government signed a rights of LGBTI people. including bilateral agreement with Burundi to the Community Health Services and

HUMAN RIGHTS IN AFRICA 88 REVIEW OF 2019 Amnesty International Togolese nationals gathered in Lagos to protest against President Faure Gnassingbe’s ploy to run for a fourth term, after he took over from his father, Gnassingbe Eyadema, who ruled for 33 years.​ © Olukayode Jaiyeola/NurPhoto via Getty Images

Republic (Union pour la République, rights concerns. TOGO UNIR), the party of President Faure The homeland security law detailed Gnassingbé, won a majority of the seats. measures applicable during “threats Togolese Republic The opposition Pan-African National or grave breaches of public order”, Head of state: Faure Gnassingbé Party (Parti National Panafricain, PNP) particularly “terrorist attacks”, “social Head of government: Komi Sélom Klassou boycotted the elections. unrest” or “manoeuvres to destabilize public opinion.” The law allows the The authorities continued to crackdown Minister of Territorial Administration on peaceful dissent, particularly against LEGAL AND CONSTITUTIONAL and, in some cases, local authorities members of the opposition Pan-African DEVELOPMENTS to order house arrests, identity controls ahead of the 2020 and interpellations of up to 24 hours, presidential election. Togo adopted On 8 May, the National Assembly expulsions of foreign nationals, bans on several laws curtailing the rights to adopted a law revising the Constitution assemblies, suspensions of associations, freedom of expression and peaceful to prohibit the death penalty and life and closures of establishments including assembly. Excessive use of force, imprisonment. It allows incumbent places of worship, hotels and “other arbitrary arrests and detentions, torture President Faure Gnassingbé, in office meeting places”. The law allows the and other ill-treatment, and impunity since 2005, to run for an additional Minister of Territorial Administration wide for human rights violations and abuses two terms of five years each, including discretion to censor online content and persisted. the 2020 election. It shields former shut down the Internet. presidents from arrest, detention, and Revisions to the law on assemblies prosecution for actions taken while in stated that organizers of meetings and BACKGROUND office. assemblies in private settings must inform local authorities in advance. On 30 June, Togo held its first local On 12 August, the National Assembly It provides for a ban on assemblies in elections in 27 years. The Union for the adopted two laws raising major human certain locations and at certain times.

HUMAN RIGHTS IN AFRICA 89 REVIEW OF 2019 Amnesty International The law allows local authorities to cap FREEDOM OF EXPRESSION The Committee found that prison the number of assemblies per week in conditions amounted to ill-treatment in their area and to ban protests at the last The authorities continued to curtail the the majority of institutions, and cited minute. right to freedom of expression. overcrowding (occupancy rate at 182%) On 19 January, the Criminal Court of and lengthy pre-trial detention (62% of Lomé sentenced activist Folly Satchivi of detainees were awaiting trial). FREEDOM OF ASSEMBLY the movement Under No Circumstances (En aucun cas) to 36 months in The authorities continued to ban or prison, with 12 months suspended, IMPUNITY impose itinerary changes to peaceful for “rebellion”, “apology of crimes demonstrations organized by human and offences” and “aggravated public The authorities continued to fail to take rights groups and opposition groups. disorder”. He had been arrested on 22 steps to identify those suspected of Security forces, including the military, August 2018 while he was about to hold responsibility for human rights violations dispersed peaceful protests using a press conference on the crackdown and abuses, including the deaths of excessive and lethal force. on protests. On 10 October, the Court nearly 500 people during the violence of Appeal reduced his sentence to surrounding the 2005 presidential The PNP organized nationwide protests 28 months in prison, with six months election. Of the 72 complaints filed by scheduled for 13 April to call for suspended. He was released on 16 victims’ families in Atakpamé, Amlamé constitutional reforms. These protests October following a presidential pardon. and Lomé courts, none are known to have were banned by the Ministry of Territorial been fully investigated. Administration, except in Lomé, Afagnan On 25 March, the High Authority No one has been brought to justice and Sokodé, on the grounds that they for Audiovisual and Communication for the shooting and deaths of Rachad would “undermine public order”. They (Haute Autorité de l’Audiovisuel et de Maman, 14, and Joseph Zoumeke, 13, were dispersed by security forces using la Communication, HAAC) withdrew the during separate protests in 2017. Their tear gas and batons. Dozens of protesters licence of the newspaper La Nouvelle on families filed complaints, but there has and bystanders were injured. At least the grounds that it published “unverified been no progress in the proceedings. one man died during demonstrations information”, incited ethnic and religious in the northern town of Bafilo. There hatred, abused the privacy of citizens, as have been conflicting accounts on well as uttered slanders and insults. ECONOMIC, SOCIAL AND CULTURAL the circumstances of the death: some Assiba Johnson, President of the Group RIGHTS blamed security forces but the Minister of Young Africans for Democracy and of Security and Civilian Protection Development (Regroupement des Following her visit to Togo in May, the accused other demonstrators. Despite jeunes africains pour la démocratie et le Special Rapporteur on contemporary multiple requests, the death certificate développement, REJADD) was released forms of slavery expressed concerns and autopsy report were not shared with on 5 April after serving his sentence. He about children in forced labour, his family. had been arrested on 4 April 2018 and domestic servitude and other forms of later sentenced to 18 months in prison, contemporary slavery and recommended At least 30 people were arrested during with a six-month suspended sentence, that existing laws criminalizing these the 13 April protests and 19 were for spreading false news and insulting practices are enforced, alongside sentenced to 24 months imprisonment, public officials following the publication strengthened prevention measures. with suspended sentences ranging from of a report on the repression of protests 12 to 24 months, for aggravated public in 2017-2018. disorder. Following the protests, at least three PNP On 15 October, pro-democracy activists leaders were also arrested, including the from Turn the Page Niger (Tournons la PNP treasurer Sébabé Guéffé Nouridine, page Niger, TLP Niger) and TLP Côte the permanent secretary Kéziré Azizou d’Ivoire) were denied access to Togo. and the special advisor Ouro-Djikpa Tchatikpi. Nouridine and Azizou were accused of rebellion, assault, and not TORTURE AND OTHER ILL- respecting the ban and restrictions on TREATMENTS protests’ itineraries. On 7 May, they were sentenced to 24 months in prison, In July, the Committee against Torture with suspended sentences of 12 to 24 reviewed Togo and expressed concerns months, respectively. Tchatikpi was about allegations of torture particularly in released on bail on 10 August. police and gendarme custody and in the jails of the Central Criminal Investigation.

HUMAN RIGHTS IN AFRICA 90 REVIEW OF 2019 Amnesty International A man outside his ruined home in Apaa, Norther Uganda, 25 January 2017. © Tessa Laing

introduce the “homosexuality bill” which members. Hundreds of people were left UGANDA would impose the death penalty in some homeless and many more were still at cases of same-sex sexual activity. risk of forced eviction. The attacks took Republic of Uganda place despite the presence of the Uganda Head of state and government: Yoweri Kaguta Museveni People’s Defence Forces (UPDF) who RIGHT TO HOUSING AND FORCED were deployed to the area in February, to The government continued to target EVICTIONS protect the communities. political dissidents subjecting them to intimidation, harassment and arbitrary In January, the High Court in Kampala, arrest and detention. Restrictions on the capital, found that the government’s Hundreds of Indigenous Benet peoples the rights to freedom of expression, failure to enact a comprehensive legal living in villages next to Mount Elgon association and peaceful assembly of framework and procedures to protect National Park in the east, who were political opposition members, journalists, those facing eviction was a breach of the evicted from their ancestral land on human rights defenders and students. rights to life, dignity, and property under numerous occasions between 1983 Violations of the right to housing, the Ugandan Constitution. Between and 2008, claimed that they were and the use of forced evictions were January and April, Uganda Wildlife continuously subjected to torture, prevalent in many districts. Killings, Authority (UWA) rangers carried out including rape, as well as arbitrary arrests violence and discrimination based on forced evictions of communities in the and killings by UWA officers after being sexual orientation or gender identity was northern Apaa area. They burned homes, left vulnerable because of the forced widespread. A minister threatened to re- looted property and attacked community evictions and delayed compensation or

HUMAN RIGHTS IN AFRICA 91 REVIEW OF 2019 Amnesty International resettlement. They were also denied other The authorities continued to use the remand at Luzira Prison. human rights including rights to food, Computer Misuse Act 2011 to harass, housing, education, access to health, intimidate and stifle government critics. Several FDC supporters were arrested on work, and to personal security because In August, Stella Nyanzi, a feminist 4 November and released without charge of UWA preventing them from accessing academic who had been arrested and several hours later. In one incident, in resources in the forest and the lack of held since November 2018 in Luzira Kampala, the police used a water cannon compensation and resettlement. prison, was sentenced to 18 months in to force Kizza Besigye from his car before Further forced evictions took place in prison on charges under the Act, after arresting him for defying police orders other areas including the Hoima and being convicted of cyber harassment for after he had failed to obey a summons to Mubende districts in the Western and criticizing the President on Facebook. report to police at the Mandela National Central regions respectively. Prior to her detention in 2018, she had Stadium; and for failure to comply with faced repeated harassment, arbitrary the Public Order Management Act. FREEDOMS OF EXPRESSION, arrests and detention. Several journalists were arrested the ASSOCIATION AND Between October and November, same day, for attending a protest in ASSEMBLY security forces, including the police and Kampala against unfair treatment of the the UPDF, cracked down on Makerere press by security forces, particularly in In May, the Uganda Communications University students in Kampala for connection with the Makerere University Commission (UCC) (a government body) protesting an “illogical” increase in state incident (see above). They were released issued a decision which ordered the school fees. They used excessive force a few hours later. suspension of news editors, producers to disperse the students, and journalists and heads of programming in 13 covering the protests, arresting and independent radio and TV stations, detaining more than 30 who were held HUMAN RIGHTS DEFENDERS on accusations of “incitement” and for days without charge. “misrepresentation of information”. The Community organizations and human suspensions came after stations covered In October, the Inspector General of rights defenders who confronted a story about the arbitrary arrest of Police, cancelled a concert organized by extractive industries or opposed Bobi Wine, a musician and opposition Bobi Wine, which was to take place in mining activities that damaged the politician, whose real name is Robert Kampala, on grounds that the police were environment or violated human rights, Kyagulanyi. He was arrested on 29 April unable to provide adequate security at increasingly faced restrictions on their and detained for three days when he was the concert because they were assigned right to freedom of peaceful assembly, travelling to the Criminal Investigation to the national Independence Day association and expression. The Directorate (CID), where he had been celebrations. government intimidated them including summoned over accusations that he by threatening them with closure of their organized anti-government street protests In December, police prevented Kizza organizations. Human rights defenders in Kampala in 2018, against steps to tax Besigye, leader of the Forum for in regions like Albertine, on the Western social media use. Democratic Change (FDC), the main region said they continued to suffer opposition party, from leading an anti- harassment, intimidation and arbitrary The UCC ordered media outlets that corruption march which coincided with arrest at the hands of the authorities. covered Bobi Wine’s arrest to submit to a presidential event. The police arrested its office the live recordings as well as him and prevented the FDC from holding In April, police officers assaulted Nana news bulletins within three days. Five a press conference in Kampala. He was Namata Annette (also known as Nana days before the arrest, the police had released without charge the same day. Mwafrika Mbarikiwa) after she went to placed Bobi Wine under house arrest, the Naguru police headquarters to protest preventing him from holding a concert on the use of excessive force by police grounds that it would be a risk to public ARBITRARY ARRESTS AND officers to disperse FDC rallies. She was safety under the 2013 Public Order DETENTION hospitalized because of the assault and, Management Act. In August, authorities in July, she told journalists that she had charged him with “intent to alarm, annoy Dozens of people, including opposition a hysterectomy due to excessive bleeding or ridicule the President” in connection leaders and supporters, activists, during childbirth, caused by injuries with an event in August 2018 when journalists and students reported that sustained during the attack. opposition members allegedly stoned they were arbitrarily detained during the President’s convoy during political peaceful protests or for criticizing the Women human rights defenders faced campaigns for a parliamentary seat government. Many were subjected to harassment and arrest for their work to by-election in Arua municipality in the prolonged detention without charge. defend vulnerable groups, like children northern region of Uganda. The High On 9 January, Stella Nyanzi told a and women, against land grabs by local Court had not ruled on the case by the High Court judge that she suffered a authorities. In October, Nana Namata end of the year. miscarriage in jail. She had been on Annette was arrested at a peaceful

HUMAN RIGHTS IN AFRICA 92 REVIEW OF 2019 Amnesty International protest that she organized in Kampala Between July and October four ongoing at the end of the year, and they against police brutality and human rights LGBTI people were killed in the wake of were required to report to the police violations and abuses. heightened anti-LGBTI sentiments being each week for their bail conditions to be expressed by political leaders. reviewed. In December, Jelousy Mugisha was Those killed included Brian Wassa, a arbitrarily detained by immigration gay paralegal who died on 5 October of officers at Entebbe Airport and a brain hemorrhage as a result of head interrogated before being released injuries from an attack by unknown without charge more than nine hours assailants the previous day at his home in later. He was returning from Paris where Jinja town in the Eastern region. Uganda he had testified in a case at the First investigative authorities have not publicly Instance Court (Tribunal de Grande commented on the killing. A transwoman Instance) against French oil company, from Gomba district, and a gay man from Total, for undermining human rights and Kayunga district (both in the Central causing environmental damage resulting region) were also killed in attacks by from its operations in Uganda. He was unidentified assailants. questioned about his involvement in the hearing. In October, the police arrested 16 LGBTI activists and subjected them to forced anal examinations after the RIGHTS OF LESBIAN, GAY, Ethics and Integrity Minister announced BISEXUAL, TRANSGENDER AND plans to introduce the death penalty INTERSEX PEOPLE (LGBTI) for consensual same-sex sexual activity which is already punishable by life In May, police acting on orders from the imprisonment. Minister of Ethics and Integrity raided and stopped an event organized by In November, the police charged 67 out NGOs, Chapter Four Uganda and Sexual of 125 people, arrested at a bar popular Minorities Uganda, to commemorate the with LGBTI people, with “common International Day Against Homophobia nuisance”, punishable by imprisonment and Transphobia. of up to one year. Their court case was

HUMAN RIGHTS IN AFRICA 93 REVIEW OF 2019 Amnesty International Students of the Zambia’s University hold banners and chant slogans as they march towards the South African Embassy in on September 4, 2019 during a demonstration to protest against the xenophobic attacks on foreign nationals in the Rainbow Nation. © SALIM DAWOOD/AFP via Getty Images

BACKGROUND and arbitrary regulation. The authorities ZAMBIA increased the use of criminal defamation On 21 June 2019, Parliament released a laws to silence critics of President Lungu Republic of Zambia controversial Constitutional Amendment or the judiciary. Head of state and government: Bill for public comment, raising fears of excessive executive powers that would Rainbow Newspaper editor, Derrick The authorities continued suppressing undermine the judiciary. There was Sinjela, continued serving an 18-month the right to freedom of expression heightened tension between supporters jail sentence imposed by the Supreme and media freedom through arbitrary of the (PF) and opposition Court on 9 December 2018 after being regulation, intimidation, harassment, political parties’ supporters, particularly convicted on contempt of court charges. violence and use of oppressive laws. during by-elections in various parts of the The usual penalty for this offence is Independent radio and TV stations country. The right to freedom of peaceful a jail sentence of not more than six had their licenses suspended for their assembly and equal protection of the months or the option to pay a fine. perceived critical reporting on political law was violated during by-elections. Derrick Sinjela had published an article issues. Opposition political party activists The police continued to apply the public in his newspaper, written by an activist and critics were arrested and faced order act selectively, targeting opposition and alleging corruption in the judiciary prosecution on various charges, including party activists. on the Supreme Court decision in the criminal defamation of the president. case of Savenda Management Services Food security deteriorated, and the v Stanbic Bank Zambia Limited. The external debt rose significantly. FREEDOM OF EXPRESSION summons stated that Sinjela published an article titled “Zambian Supreme Court The right to freedom of expression and Verdict in the Savenda vs Stanbic Bank media freedom continued to be curtailed is ‘Questionable’”, which utterances through use of oppressive legislation were deemed contemptuous. He was

HUMAN RIGHTS IN AFRICA 94 REVIEW OF 2019 Amnesty International convicted on charges of publishing an of derogatory language, especially during Sesheke.4 article alleging that the judges had the Sesheke parliamentary by-elections received bribes to overturn an earlier held in February. Prime TV has in the The Kaoma district council chairperson High Court ruling which was in favour of past openly criticised the government of by-elections held on 10 October were Savenda Management Services. On his President Edgar Lungu. Prime TV, which also marred by violent clashes between 63rd birthday on 11 November, President employs more than 60 journalists and UPND and PF supporters, which resulted Lungu pardoned and released Sinjela. support staff, is one of the two largest in damage to property and the death of privately-owned stations, along with a UPND youth cadre, Lawrence Banda. In August, President of the deregistered MUVI-TV. The latter’s license was also According to the UPND, Banda was National Democratic Congress (NDC) suspended in 2016 after the presidential shot twice in the head by a known PF party was arrested elections. Also on 4 March the authorities youth cadre on 6 October.5 In a related for criminal defamation of President imposed a two-month suspension on the incident UPND cadre, Chola Simwamba, Lungu after the release of a video in Eastern Province-based Valley FM Radio was arrested for firing warning shots which he allegedly implied that the head for alleged unprofessional conduct. in the air after he had been attacked of state was a dog.1 In the video that by a PF youth cadre on 5 October. went viral on social media, Kambwili The government stated that it regrets had said, “Some dogs from FREEDOM OF PEACEFUL ASSEMBLY the killing of the UPND cadre, and in do not get tired of travelling.” Chawama AND ASSOCIATION a statement on 7 October, President is a township in the capital, Lusaka, Lungu condemned the violence and where Lungu previously lived and served The police and ruling PF party cadres killing of Lawrence Banda and directed as a member of parliament. In recent continued to disrupt peaceful assemblies the Inspector General of Police to take times, Lungu has been traveling abroad and the right to freedom of association control of proceedings in Kaoma.6 On 9 including to and Japan. The arrest especially during election campaign October, armed police blocked opposition came two days after the state Registrar periods and demonstrations. In many leader Hichilema from campaigning of Societies cancelled the registration of cases, the suppression of assemblies in Kaoma and Mangango. To ensure Kambwili’s NDC, saying its constitution and freedom of association resulted in impunity does not become entrenched, was flawed. arbitrary arrests, damage to property, the Zambian police must investigate physical injuries and, at times, deaths. the murder of Lawrence Banda and The leader of the New Labour Party, Those suspected to be responsible for bring to justice to those suspected to be Fresher Siwale, was facing charges of suppressing peaceful assemblies had not responsible for the unlawful killing. defamation of the president, and his been brought to justice by year’s end. trial started in October after a Lusaka magistrate dismissed an application The period between 10 January and ECONOMIC, SOCIAL AND CULTURAL to stay proceedings on 9 October 12 February witnessed intensive RIGHTS in which his lawyers challenged the political campaigning in the Sesheke constitutionality of criminal defamation parliamentary by-election and local Food security worsened in western and in the High Court. In this matter, government by-elections in seven wards southern Zambia due to a decline in crop Siwale is alleged to have, on 22 April in . Katete and districts. production following rainfall deficits. 2018, with intent to bring the name of The opposition for National According to official figures from SADC President Edgar Lungu into ridicule, Development (UPND) leader Hakainde about 2,3 million people were at risk published defamatory matter in which Hichilema claimed there was an attempt of food and livelihood insecurity, with he said the Zambian President was by the police to assassinate him after children affected by malnutrition and not the actual Edgar Chagwa Lungu, they fired live ammunition at him and stunted growth.7 The severe droughts but Jonathan Mutawale. Siwale is also his supporters in Sesheke.3 There was between 2015 and 2019 constrained accused of having called for the arrest of a heavy presence of armed police and the production of hydroelectricity and President Lungu for having three National PF cadres in Sesheke. Violence ensued reduced crop yields. Zambia’s external Registration Cards. as the UPND leader instructed his debt of over US10-billion exacerbated On 4 March, Zambia’s broadcasting UPND activists to defend themselves if its inability to provide social services like regulator, the Independent Broadcasting attacked. After the violent altercation education, and to support agricultural Authority (IBA), ordered a one-month between the two political parties, some production.8 suspension of Prime TV channel, which people’s homes had been damaged and has been critical of the government, just many sustained injuries. Suspected days after the governing Patriotic Front perpetrators were never brought to (PF) party accused the station of bias justice, but four police officers were and unprofessionalism.2 The IBA cited summarily retired from the Zambia imbalanced coverage, opinionated news, police service after beating up PF cadres material likely to incite violence and use who were beating UPND supporters in

HUMAN RIGHTS IN AFRICA 95 REVIEW OF 2019 Amnesty International

1. https://www.lusakatimes.com/2019/08/28/chishimba-kambwili-arrested-for-defamation-of-president-lungu/ 2. https://ewn.co.za/2019/03/04/zambia-suspends-pro-opposition-tv-news-channel 3. https://www.lusakatimes.com/2019/02/08/hh-says-police-tried-to-kill-him/ 4. https://newsdayzambia.com/?p=8519 5. https://www.lusakatimes.com/2019/10/07/murder-in-kaoma-upnd-confirms-one-cadre-shot-dead-by-pf/ 6. https://www.lusakatimes.com/2019/10/07/government-deeply-regrets-the-loss-of-life-in-kaoma-district-dora-siliya/ 7. https://www.sadc.int/files/7315/6284/6868/SADC_2019_Synthesis_Report_on_the_State_of_Food_and_Nutrition_Security_and_Vulnerability_in_Southern_Africa.pdf See also https://www.globalcitizen.org/en/content/zambians-facing-starvation-drought-esther-chungu/. 8. https://www.theguardian.com/global-development/2019/dec/11/china-steps-in-as-zambia-runs-out-of-loan-options.

HUMAN RIGHTS IN AFRICA 96 REVIEW OF 2019 Amnesty International Anti-riot police in Zimbabwe block the road as they watch a crowd gathered to hear an address by leader of the MDC (Movement for Democratic Change) Alliance, , at House the party headquarters, in Harare, on November 20, 2019. - Nelson Chamisa was due to address party supporters in his Hope of the Nation Address (HONA). The public address was blocked by riot police who beat up several people as they dispersed MDC supporters and other curious onlookers. © JEKESAI NJIKIZANA/AFP via Getty Images

BACKGROUND public protests against fuel and food ZIMBABWE price increases.1 The authorities arrested An estimated 8 million people were five people on charges of undermining Republic of Zimbabwe facing starvation in Zimbabwe and 2 the authority or insulting President Head of State and President: Emmerson Dambudzo Mnangagwa. Movement for Democratic Mnangagwa million had no access to clean drinking water. The health delivery system has Change (MDC) Councillor, Brian Kembo almost collapsed with many hospitals was arrested in Bindura in June for Human rights defenders, activists and facing shortages of medical personnel, saying the president had failed to civil society groups continued to hold the essential medicines and equipment. A manage the economy. government to account through protests devastating cyclone resulted in loss of in the streets and via social media. life and housing in the eastern parts Despite many promises, the authorities Many people joined and participated in of Zimbabwe. Despite progressive failed to license any community radio demonstrations to protest price increases provisions in the 2013 constitution on stations and the country still had only of basic commodities such as fuel and citizenship, many people still consider one television station with a broadcasting the erosion of incomes. The authorities themselves stateless in Zimbabwe. license since its independence in 1980, continued to use overly broad law to resulting in lack of media plurality and crackdown on dissenting voices. Civil diversity. society space continued to shrink as the authorities continued to suppress, FREEDOM OF EXPRESSION persecute activists and curtail peaceful FREEDOM OF PEACEFUL ASSEMBLY protests. State security agents continued The authorities continued to restrict AND ASSOCIATION to use excessive force in dispersing the right to freedom of expression. In protests and assemblies. The authorities January, the government instructed Authorities routinely suppressed the continued with forced evictions despite internet service providers to shut down rights to freedom of association and constitutional provisions prohibiting the the internet, ostensibly to curtail sharing peaceful assembly, using lethal and practice. of information and reporting during the excessive force to disperse peaceful

HUMAN RIGHTS IN AFRICA 97 REVIEW OF 2019 Amnesty International demonstrations. The police, army HUMAN RIGHTS DEFENDERS Magombeyi, a government employee, had and intelligence operatives arbitrarily organized a series of protests to demand arrested several protesters, to silence During the year at least 22 people were better salaries for government doctors. and intimidate anyone suspected of charged with subverting a constitutional Prior to his abduction, he had received a participating, assisting protesters government under section 22 of the text message from a local mobile number or organising demonstrations. The Criminal Law (Codification and Reform) threating him with disappearance. authorities continued to use the (Criminal Code) Act. They included oppressive and overly broad Public Order human rights defenders, activists, civil and Security Act to suppress any planned society leaders, trade unionists and IMPUNITY demonstrations. opposition party activists who had called for protest, supported such calls through Authorities’ failure to ensure access to In January, Zimbabwe Congress of social media, or were presumed to have justice and redress continued to be a Trade Unions (ZCTU) President Peter participated in or planned protests. In key driver of human rights violations Mutasa called on people to protest May, for example, seven people were and abuses. The authorities failed to against increase in fuel prices by 130 arrested on this charge upon arrival at arrest, prosecute and hold accountable percent, and in response the authorities Robert Mugabe International Airport after suspected perpetrators of abductions, deployed police officers, soldiers and attending a workshop on transitional torture and unlawful killings. In other state security agents in many parts justice and peacebuilding in the August 2018 the authorities deployed of the country. Between 14-16 January, Maldives. members of the military who shot and security agents opened fire on protesters killed 6 people in Harare, Epworth and in Harare and Chitungwiza. More security Chitungwiza. The victims of excessive use agents were deployed after 16 January in ABDUCTIONS AND TORTURE of force by the police and members of the residential areas including in , military were either part of the protests Harare, Epworth, Dzivarasekwa, Mbare, Throughout the year over 40 people were or were caught up in the clashes between Gweru, Pumula, and Mabvuku.2 The abducted by unknown armed men with police and protesters. In January, at police also threatened and arrested masks, tortured and later released or least 16 people were killed after the journalists, medical doctors and lawyers charged with various criminal charges authorities again deployed members of monitoring the protests or assisting to silence them. These include the the military to disperse protests.5 Despite protestors. Security agents used teargas, president and secretary general of the calls by civil society and some foreign baton sticks, water cannons and live Amalgamated Rural Teachers Union of embassies and recommendations by ammunition to disperse protesters. The Zimbabwe (ARTUZ), Obert Masaraure the Kgalema Motlanthe commission of crackdown on protestors included torture and Robson Chere; Zimbabwe Hospitals inquiry to arrest and prosecute suspected and other ill-treatment and mass arrests. Doctors Association acting president, perpetrators, the authorities have claimed By the end of February, over 600 people Dr. Peter Magombeyi; Bustop TV that there is a “third force” responsible had been arrested in connection with the comedian, Samantha ‘Gonyeti’ Kureya; for these grave human rights violations. January protests.3 pro-democracy and human rights activist, The Motlanthe commission of inquiry Tatenda Mombeyarara. Obert Masaraure was established by President Mnangagwa In August, the police used the Public was abducted from his home by a to investigate violations during the Order and Security Act (POSA) to group of armed men and tortured on August 2018 post-election violence. ban protests planned in various cities 5 June. In August comedian, Gonyeti, The recommendations to arrest and organised by the opposition MDC in was abducted by masked men from her prosecute perpetrators alleged to have protest at what they called government’s home, beaten up and later dumped. On killed and injured protestors are yet to be mismanagement of the economy. The 14 August human rights activist Tatenda implemented. police issued prohibition orders to ban Mombeyarara was abducted by armed planned protests in Harare, Bulawayo, men, beaten up and later dumped. In ECONOMIC SOCIAL AND CULTURAL Mutare, Gweru and Masvingo, which Harare, 14 juveniles ranging from 14-18 RIGHTS were confirmed by the courts. In Harare, years old, who had been arrested between protesters who had defiantly convened 14 and 15 January, told their lawyer In a year when austerity measures on 16 August for demonstrations were they were tortured at the police station and natural disasters pushed many beaten up and dispersed by the police. in Chitungwiza. According to their lawyer into poverty and financial insecurity, The opposition MDC’s organising they could not walk on the first day of economic social and cultural rights secretary Amos Chibaya was arrested and their court apperance as batons had been suffered. is facing prosecution on charges of failing forced down their throats and anuses.4 to stop the banned August protests in RIGHT TO HEALTH Harare. In September Dr. Peter Magombeyi was abducted from his home by unknown The decay of Zimbabwe’s economy was men, tortured and later dumped. perhaps best reflected by its collapsing

HUMAN RIGHTS IN AFRICA 98 REVIEW OF 2019 Amnesty International public health care system. Patients access to clean water and Bulawayo in the eastern province of Manicaland at state hospitals faced shortages of residents experienced water shut offs, faced death and devastation as Cyclone essential medicines, and when available, as the local government authorities in Idai caused heavy winds, heavy rains and high costs of medicines and ambulance Bulawayo and Harare failed to supply flash floods. This resulted in the deaths services. Besides shortages of medicine, water to residential homes, repair or of at least 344 people, the destruction of Harare Central Hospital had inadequate replace leaking pipes and treat dirty 4000 households, shops and schools and equipment such as ventilators and water. In September the Bulawayo affected the livelihoods of over 270,000 anaesthetic machines or obsolete city council introduced 48-hour water people. equipment and a critical shortage of shedding per week, increasing to 72 nursing staff. The maternity ward at the hours in October as it struggled to supply DEPRIVATION OF NATIONALITY second largest referral hospital Harare clean drinking water to residential Central, did not have adequate beds, areas. Those who could afford it, drilled Despite provisions in the 2013 anaesthetic machines and ventilators.6 boreholes to access clean drinking water, constitution allowing dual citizenship At the Harare Central Hospital Maternal assisted by local councils to avert the for any person born in Zimbabwe, unit, lack of sufficient equipment and incidence of diseases like cholera. hundreds of people originally from staff had a serious impact on obstetric Malawi, Mozambique and Zambia services and neo-natal health.7 The poor RIGHT TO HOUSING remained stateless or at risk of being conditions of service have compounded stateless in Zimbabwe. The Citizenship the health crisis with junior doctors Despite constitutional provisions Act which in 2001 was amended to being paid salaries as low as US$80 per proscribing arbitrary demolition of deprive persons with dual citizenship month. This has led to over three strikes houses, the authorities continued to of their right to Zimbabwean nationality and demonstrations by medical personnel forcibly evict people without providing if they failed to renounce their foreign in 2019. A strike by junior doctors which adequate alternative housing, leaving citizenship within six months from started in September went on for more many families homeless, landless January 2002 led to hundreds being than 60 days. and driven deeper into poverty. Since rendered stateless. Due to several September, 116 people settled at Haydon barriers, including hostile attitudes of RIGHT TO FOOD Farm in Harare were facing eviction after registry officers, excessive discretion in two former Local Government Ministers the citizenship office and cumbersome In the midst of an economic crisis and occupied their land and started to administrative requirements, stateless natural disasters whose impact was develop it for commercial residential people continued to face challenges exacerbated by climate change, the UN units. The residents were allowed to in acquiring Zimbabwean nationality. World Food Program stated that over settle at the farm by the Zvimba Rural In order to address the issue of five million people, at least a third of District Council in 2000 at the height statelessness, the authorities embarked Zimbabwe’s population were in dire need of the land reform program. The eviction on a nationwide program to document of food aid and were facing starvation. has been challenged in the Supreme those who lack birth certificates and IDs Zimbabwe needs 2,2 million tonnes of Court which has reserved judgment. and may thus face challenges in proving grain annually to feed its people, but Should the courts sanction their eviction their nationality. Most of the stateless only produced 760,000 tonnes in the in the absence of international human people were located on mines and 2018/19 farming season. In September rights safeguards including the provision farms in Mashonaland and Manicaland the Agriculture Minister, Perence Shiri of alternative housing, the eviction will provinces and descendants of victims of revealed at a cabinet meeting that the constitute a forced eviction and therefore .10 country was facing a 1,2 million tonne a human rights violation.8 grain deficit in 2019. The crop failures forced government to import grains which In August, 58 families were left led to unaffordable price hikes of staple homeless in Manicaland province’s food items. The authorities did not put in Chipinge district after the local authority place adequate measures to mitigate the demolished their homes without food crisis. By year’s end people living providing alternative accommodation.9 in Chimanimani and Chipinge districts High ranking government officers, local affected by Cyclone Idai were still facing authorities and the Ministry of Lands, food shortages due to poor logistical Agriculture, Water, Climate and Rural planning and allegations of abuse in the Resettlement have since January served distribution of handouts. eviction notices against thousands of families alleged to have occupied various RIGHT TO WATER farms in Masvingo, Midlands, Manicaland and Matabeleland provinces. In March, Many residents in Harare had limited the people of Chipinge and Chimanimani

HUMAN RIGHTS IN AFRICA 99 REVIEW OF 2019 Amnesty International 1. Amnesty International Report, Zimbabwe: ‘Open for Business’, Closed for Dissent, 8 February 2019. Available: https://www.amnesty.org/en/documents/afr46/9824/2019/ en/ 2. Ibid. 3. Ibid. 4. Interview with Amnesty International. 5. Interview with Amnesty International. 6. Amnesty International interview with Harare Central health practitioner 7. Amnesty International Interview with the Harare Central health practitioner Maternity Ward. 8. Amnesty International Interview with lawyer representing victims. 9. Amnesty International Interviews with partner NGO Vemuganga who are assisting the victims of forced evictions. 10. The early rains that washes away the chaff before the spring rains. This term was used to denote the massacre of thousands of Ndebele speaking people in Matabeleland and Midlands provinces between 1982-1986.

HUMAN RIGHTS IN AFRICA 100 REVIEW OF 2019 Amnesty International HUMAN RIGHTS IN AFRICA 101 REVIEW OF 2019 Amnesty International HUMAN RIGHTS IN AFRICA 102 REVIEW OF 2019 Amnesty International AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT FOR HUMAN RIGHTS. WHEN INJUSTICE HAPPENS TO ONE PERSON, IT MATTERS TO US ALL.

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This report documents the state of human rights in the countries sub-Saharan Africa during 2019. It is composed of a regional overview and 34 country entries, subdivided by key human rights themes. In 2019 protracted conflicts in the Central African Republic, Democratic Republic of Congo, Sudan and South Sudan continued to simmer, with indiscriminate and targeted attacks on civilians. Armed groups in Cameroon, Mali, Nigeria, Somalia and elsewhere committed abuses, including killings and abductions, which caused mass displacements. New forms of communal violence emerged in countries like Ethiopia. From Nigeria to South Sudan, countless victims of serious crimes and abuses did not see justice and reparations. In over 20 countries, people were denied their right to peaceful protest, including through unlawful bans, use of excessive force, harassment and arbitrary arrests. In two thirds of the countries monitored, governments heavily restricted freedom of expression – with some particularly clamping down on journalists, bloggers, civil society groups, and political opponents, including in the context of elections. Forced evictions without compensation continued in countries including Eswatini, Nigeria, Uganda and Zimbabwe. Large-scale commercial land acquisitions impacted livelihoods of thousands in Angola. Access to health care and education – already dire across the continent – was further exacerbated by conflicts in some counties including Burkina Faso, Cameroon and Mali. Yet from Khartoum to Harare and from Kinshasa to Conakry, peaceful protesters braved bullets and beatings to defend the rights that their leaders would not, leading to major transformations in political systems and opening space for profound institutional reforms, such as in Sudan and Ethiopia.

Index: AFR 01/1352/2020 April 2020 amnesty.org