Overview of the Human Rights Situation in the East and Horn of Africa October 2019 – April 2020 Report submitted to the 66th Ordinary Session of the African Commission on Human and Peoples’ Rights Banjul, The Gambia April 2020 (postponed to a later date because of the COVID-19 situation) DEFENDDEFENDERS (THE EAST AND HORN OF AFRICA HUMAN RIGHTS DEFENDERS PROJECT) Human Rights House Plot 1853, John Kiyingi Road, Nsambya, P.O. Box 70356 Kampala, Uganda +256 393 265 820 www.defenddefenders.org Contacts: Hassan Shire Sheikh (Executive Director) [email protected] +256 772 753 753 Estella Kabachwezi (Senior Advocacy and Research Officer) [email protected] +256 393 266 827 Nicolas Agostini (Representative to the United Nations) [email protected] +41 79 813 49 91 Table of Contents Introduction and Executive Summary .......................................................................................... 3 Recommendations .......................................................................................................................... 5 Burundi ............................................................................................................................................. 6 Djibouti ............................................................................................................................................. 9 Eritrea ............................................................................................................................................. 11 Ethiopia ........................................................................................................................................... 13 Kenya .............................................................................................................................................. 18 Rwanda ........................................................................................................................................... 22 Somalia/Somaliland ...................................................................................................................... 26 South Sudan ................................................................................................................................... 28 Sudan .............................................................................................................................................. 31 Tanzania ......................................................................................................................................... 33 Uganda ........................................................................................................................................... 40 2 Introduction and Executive Summary DefendDefenders (the East and Horn of Africa Human Rights Defenders Project) welcomes the opportunity offered by the 66th Ordinary Session of the African Commission on Human and Peo- ples’ Rights (hereafter “ACHPR” or “the Commission”) to highlight the most pressing human rights issues in the East and Horn of Africa sub-region for the period October 2019-April 2020. This sub- mission was prepared on the basis of research conducted by DefendDefenders, information ga- thered during the course of its work, including monitoring of human rights developments, and with the help of information sent to the secretariat of the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net) by our members and partners throughout the sub-region. This submission focuses on issues pertaining to civic space, in particular citizens’ enjoyment of their rights to freedom of opinion and expression (which includes access to information and free- dom of expression online and offline, including media freedom), peaceful assembly, and asso- ciation. For each country that is part of DefendDefenders’ mandate, the submission includes key trends and developments. The submission features a series of recommendations to the Commis- sion, formulated with a view to improving human rights protections and promoting respect for human rights. The 11 countries are Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Somalia (together with Somaliland), South Sudan, Sudan, the United Republic of Tanzania, and Uganda. Although the 66th Ordinary Session has been postponed due to the Covid-19 situation – a decision DefendDefenders supports in light of the current grave public health concerns – DefendDefen- ders hopes that the session will take place as soon as the situation allows. DefendDefenders re- mains committed to contribute to the work of, and engage with, the Commission. Over the past six months, governments in the sub-region have continued to restrict legitimate expressions of civilian dissent, including peaceful demonstrations and gatherings, free expres- sion of human rights defenders (HRDs), media professionals, and citizens, as well as targeted civil society organisations (CSOs) through various strategies of harassment and repression. Positive trends and developments have been noted in Ethiopia and Sudan. Everywhere, HRDs have conti- nued their work for the promotion and protection of human rights despite risks and threats. The Covid-19 pandemic, a public health threat, justifies temporary restrictions to certain rights, including to freedom of movement and freedom of peaceful assembly. However, all restrictions must be lawful in light of a specific aim (protecting public health), strictly necessary, and propor- tionate. During the crisis, states continue to be duty bearers and to hold obligations to respect, protect, and fulfil human rights. However, as outlined below, in several countries of the sub-re- gion, authorities have either committed violations while fighting the pandemic or used the latter as an excuse to violate rights, including by targeting peaceful critics and independent voices. As Burundi’s electoral campaign officially starts on 27 April 2020, risk factors of human rights violations remain present and give rise to serious concerns over potential violence and further abuses. The lead-up to the May 2020 elections, including the presidential election, is marked by a climate of repression, fear, intimidation, and widespread impunity. State agents, ruling party officials, and members of the Imbonerakure militia continue to perpetrate grave violations against civilians. The democratic and civic space in the country remains closed, with many HRDs, human rights actors, and journalists detained or operating in exile. Djibouti and Eritrea continue to be ruled by two of the most repressive governments in the sub- region, both ranking amongst the world’s worst five abusers of press freedom. While in Djibouti, HRDs work in a very restrictive environment; the context makes it impossible for independent human rights actors and organisations to operate in Eritrea. Grave violations, some of which may amount to crimes against humanity, are ongoing in the latter. Despite diplomatic progress in the Horn of Africa (including the 2018 rapprochement between Eritrea, Ethiopia, and Somalia), the human rights situation has not improved in these two countries. 3 Despite positive human rights developments since the appointment of Prime Minister Abiy Ah- med in April 2018, Ethiopia faces uncertainty ahead of its elections, which are now scheduled for August 2020. Rising ethnic-political tensions over land and livelihoods, especially in the Oromia Regional State, threaten to derail the political process and nullify the gains made in the last two years. Millions remain internally displaced. Positive developments during the reporting period include the award of the Nobel Peace Prize to Prime Minister Abiy Ahmed, the formation of a national coalition of HRDs, and the fact that Ethiopia now leads the sub-region in media freedom. Extrajudicial killings, enforced disappearances, torture and other grave violations, often commit- ted by security forces in the name of combating terrorism, or against young men from disadvan- taged slum areas, continue to be reported in Kenya. The death of former President Daniel Arap Moi sparked debate about his human rights legacy, showing both unaddressed grievances and impunity, self-censorship, and the vitality of the country’s media and civil society. Censorship of the media and self-censorship by reporters and citizens remain commonplace in Rwanda. Threats to those working in exile are frequent, and pro-government views dominate the domestic landscape. Civic space has been increasingly restricted, both before and after the outbreak of Covid-19 in the country. There have also been reports of brutality in enforcing the lockdown. The country is preparing for its third Universal Periodic Review (UPR), a rare opportu- nity to shed light on Rwanda’s human rights situation at the international level. In South Sudan, after an 18-month delay, a national unity government was formed in February 2020. However, fighting is ongoing in several areas of the country. Intercommunal tensions con- tinue to increase. DefendDefenders has documented patterns of repression, fear and self-cen- sorship facing HRDs and independent actors in the country. The pressure has increased in the reporting period. Accountability remains elusive as the establishment of transitional justice insti- tutions, including the African Union (AU)-supported Hybrid Court, continues to be delayed. Major challenges for the enjoyment of human rights remain in Somalia/Somaliland, including terrorist attacks and general insecurity. The reporting period has witnessed