Commonwealth Human Rights weekly update (09/07 - 15/07/2011)

Kenya

Wednesday 13/07: Row over Refugee Camp: Kenya's Assistant Internal Security Minister Orwah Ojodeh said he was against opening a new section to the Dadaab refugee camp. It is claimed that it would encourage more Somalis to cross the border.

The proposed new section would have room for up to 40,000 people and would ease the over-crowding. Currently 370,000 people are crammed into an area set up for 90,000 people.

Kenyan Immigration Minister Otieno Kajwang said he was embarrassed that the government was refusing open a new refugee facility.

Malawi

Thursday 14/07: Malawi’s Aid Cut: The UK's Department for International Development (DFID) released a statement stating Malawi's government was suppressing demonstrations. It says it will be cutting budgetary support to the Malawian government.

The statement is the latest stage in a diplomatic spat between Britain and Malawi. Early on this year Malawi expelled Britian’s high commissioner after he was quoted criticising Malawi’s human rights record,

However, the UK is continuing to give Malawi aid through non government channels. This is targeted at £90 million over the next year.

Namibia

Wednesday 13/07: Country Running out of Condoms: According to The Namibian, one of Namibia’s national papers, The Ministry of Health is running out of free condoms after it terminated its agreement with Namibia’s sole producer of condoms, Commodity Exchange (ComEx).

The paper reports that the Ministry of Health stopped buying condoms from ComEx Last year after claiming that there condom’s were too expensive. The Ministry has instead opted to source them from abroad.

Sexual health is part of the wider “Right to Health” contained within the International Covenant on Economic, Social and Cultural Rights.

LGBT Situation in Malawi

Malawi recently had its aid from Britain suspended due to its poor human rights record. Here is the CHRI take on its homosexual human rights track record.

Law that Criminalises Homosexuality Penal Code Cap. 7:01 Laws of Malawi Section 153 defines unnatural offences as carnal knowledge of any person against the order of nature or permitting a male person to have carnal knowledge of [a male or female person] against the order of nature.  Whoever commits this felony is liable to up to fourteen years imprisonment, with or without corporal punishment. Section 156 criminalises Gross indecency of one male person with another male person in public or private and carries a liability of up to five years imprisonment.[1] Under Malawi’s current law, rape is non-consensual sex with a member of the opposite sex who is not one’s spouse. Forcible sex with one’s spouse is not illegal.[2]

Practical Consequences of the law December 30, 2009 -Tiwonge Chimbalanga and Steven Monjeza: were arrested after holding a traditional engagement ceremony, and charged with public indecency. February 3, 2010 -Peter Sawali: arrested for putting up posters that stated ‘gay rights are human rights’; charged with causing a ‘breach of the peace’. May 20, 2010 - Tiwonge Chimbalanga and Steven Monjeza were convicted and sentenced to the maximum sentence allowed by law, of 14 years with hard Labour for engaging in acts of sodomy and acts of indecency. May 29, 2010 – Tiwonge Chimbalanga and Steven Monjeza: Presidential pardon on ‘humanitarian grounds’. February 9, 2010 – Peter Sawali: sentenced to community service, to clean the premises of Blantyre Magistrates Court for 60 days.

Constitutional Clause on Equality or Right to Privacy Republic of Malawi (Constitution) Act 1994[3] Under Article 20 Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.  Further, legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts. Article 21 guarantees, to every person the right to personal privacy, including protection against searches of his or her person, home or property; the seizure of private possessions; or interference with private communications, including mail and all forms of telecommunications.

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[1] http://www.gaylawnet.com/ezine/crime/ILGA_2008.pdf

[2] http://www.equityfeminism.com/articles/2002/bill-to-criminalize-marital-rape-creates-controversy-in-malawi/

[3] http://www.sdnp.org.mw/constitut/dtlindx.html

African Commonwealth Human Rights Weekly Update (21/05 - 27/05/2011)

Botswana

Tuesday 24/05: Commonwealth Anti Corruption Conference:  Botswana played a host to a four day Commonwealth meeting on ways to combat corruption. In the opening speech Botswana’s President Seretse Khama Ian Khama stated that corruption is draining precious resources that could otherwise be used in public services like health and education.

Healthcare and education are known as “positive human rights”. Negative rights govern what the state cannot do to an individual (e.g arrest without charge), whilst positive rights require the state to assist citizens in achieving their rights (e.g providing a school so people can fulfill their right to education).

The rights of citizens to medical care and schooling is contained in Articles 12 and 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Malawi

Monday 23/05: Malawi prepares for life without British Aid: Following the diplomatic row triggered last month by the government’s expulsion of the British ambassador, Fergus Cochrane-Dyet, the UK Department for International Development stated that aid to Malawi would be frozen while relations between the two countries are reviewed.

The aid freeze looks set to have a worrying impact on an economy that receives 40% of its annual budget from the donor community (20% of this aid comes from the UK).  Currently two-thirds of Malawi’s population live on less than $2 a day.

Mauritius

Monday 23/05: Chagossians Await the outcome of London conference: More than 150 exiled Chagos islanders gathered in London to campaign for their return to the Indian Ocean archipelago.

The islanders were forcibly evicted 40 years ago to make way for a US military base on the island of Diego Garcia. The base has come under criticism from the legal charity Reprieve which report that the base is being used for the detention of terrorism suspects.

Over the past decade, the islanders have embarked on a legal struggle for the right to return home. Three years ago, the House of Lords overturned the original high court decision that the islanders could return. The matter is now before the European Court of Human Rights.

The discussion has been complicated further following the British government's decision to declare the islands a marine protected area with a total fishing ban. A balance needs to be struck between the rights of the islanders and efforts at conservation.

Nigeria

Thursday 25/05: Commonwealth Observer report on Nigerian elections: Secretary-General Kamalesh Sharma announced the release of the Commonwealth report on the April 2011 elections in Nigeria.

Mr Sharma commended the Nigerian authorities for conducting credible presidential and parliamentary elections. However, significant concerns were raised about the loss of lives before and during the electoral process.

Swaziland

Friday 27/05: Bushfire Boycott Gathers Pace: The Swaziland Solidarity Network announce that Caiphus Semenya, will not only boycott the forthcoming “Bushfire Festival” but will not be playing in Swaziland until the “country becomes democratic”. For more info on click on the link here.

“Deep House DJ”, “Black Coffee” and “Professor” have all also pulled out of performing.

LGBT Situation in Africa

Reports that new the anti homosexuality bill could be debated in the Ugandan Parliament last Friday appear to have been false. Nonetheless gay rights remain a very contentious issue in Africa at the moment.

Last year a gay couple in Malawi were sentenced to 14 years in jail for attempting to conduct a gay marriage whilst in March of this year Roger Jean-Claude Mbede was imprisoned for three years in Cameroon for being homosexual.

Seventeen of the nineteen African Commonwealth criminalise sexual practices not thought proper. (South Africa and Rwanda are the only two who do not). Most countries use a variation of the sodomy laws from the colonial era. The typical sodomy law criminalises a man performing an “unnatural act” upon any man or woman, as well as any man or woman that allows a man to perform an “unnatural act” upon them.  An important factor of these provisions is that they negate the possibility of males suffering rape, unless as a minor, making the LGBT population vulnerable. The victims would potentially be criminalised for allowing a man to perform unnatural acts upon them.

Throughout the African members of the Commonwealth Christianity and Islam are prominent religions. Religious texts are clear in the condemnation of those who engage in same sex relations and these religious views have continued to inform the laws on the African homosexual community.

The London office of CHRI are currently doing some great research on LGBT issues throughout the Commonwealth, and are hoping to draft an official report soon. In the meantime we are going to give regular summaries of their research, in particular the legislation directed towards homosexuals. To start off with here is the status in relation to homosexuality in Uganda.

UGANDA

Law that makes Homosexuality illegal The Penal Code Act of 1950 (Chapter 120)[1] Section 145 criminalises carnal knowledge of any person against the order of nature or of an animal; or permitting a male person to have carnal knowledge of him or her against the order of nature.  Whoever is guilty of this felony is liable to imprisonment for life. Under section 146 any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years. Under section 147 it is an offence to unlawfully and indecently assault a boy under the age of eighteen.  Whoever commits this felony is liable to imprisonment for fourteen years, with or without corporal punishment. Under section 148 it is an offence for any person who, whether in public or in private, commits any act of gross indecency with another person or who procures, or attempts to procure, another person to commit any act of gross indecency with him or her.  Whoever commits this offence is liable to imprisonment for seven years. Under section 123 rape is defined as unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats, intimidation, or false representation. Under section 124 a person convicted of rape is liable to suffer death. Under section 125 any person who attempts to commit rape commits a felony and is liable to imprisonment for life with or without corporal punishment.

Practical Consequences of the Law SMUG – Sexual Minorities Uganda came together so as to create one big strong LGBT community in Uganda; to provide the LGBT community with organized representation so as to achieve a liberated LGBT community. http://www.sexualminoritiesuganda.org/ In 2010, the Ugandan newspaper The Rolling Stone was guilty of exposing the faces of members of the LGBT community within Uganda. David Kato, a gay activist and the advocacy officer for SMUG was one of three complainants who sought and succeeded in being granted an injunction which had the effect of preventing the newspaper from exposing details such as addresses and names. On Wednesday 26th of January, David was murdered just weeks after his victory in court. It was revealed that for weeks David had been harassed and was threatened on several occasions, being told that he would be dealt with.[2]

Constitutional Clause on Equality or Right to Privacy Constitution of the Republic of Uganda, 1995[3] Article 21 protects equality, whereby all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. A person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability, where ‘discriminate’ is defined as giving different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. Article 27 protects the right to privacy of person, home and other property, whereby no person shall be subjected to unlawful search of the person, home or other property; unlawful entry by others of the premises of that person; or interference with the privacy of that person’s home, correspondence, communication or other property.

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African Commonwealth Human Rights Weekly Update (23/04 - 29/04/2011)

Malawi

Wednesday 27/04: Freedom of Expression: The British High Commissioner, Mr Cochrane-Dyet has been expelled from Malawi after he described President Bingu wa Mutharika as "becoming ever more autocratic and intolerant of criticism" in a leaked cable.

Since its election in 2004, the government of Bingu wa Mutharika has been criticised for harassing opposition and human rights campaigners. Mr Cochrane-Dyet said that civil society organisers were scared to campaign after receiving threatening phone calls.

Malawi has been party International Covenant on Civil and Political Rights since 1993 which guarantees the right to hold opinions without interference the right to freedom of expression and the right to peaceful assembly .

Mozambique

Tuesday 26/04: Protest: A Commission of Inquiry set up by the Mozambican Interior Ministry to investigate the brutal attack by members of the riot police on unarmed security guards who were demonstrating against their employer, Group Four Securicor (G4S) on the 6^th of April, has reached the preliminary conclusion that they "acted in bad faith in the use of excessive force”.

Riot police were filmed repeatedly beating unarmed protesters with truncheons. The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force". This basic principle was not adhered to by Mozambican riot police.   See the video below...

Sierra Leone

Wednesday 27/04: Celebration of Independence: Sierra Leone Marked its 50^th anniversary of independence from Britain. The president Koroma called on Sierra Leone to draw upon the lessons of the past.

Nine years ago the Country emerged from an eleven year civil war that killed 50,000 people. Since the end of the war Sierra has shown tentative signs that it is beginning to turn a corner. It has been particularly encouraging that the 2007 elections have been conducted in a free and fair manner. Former president Kabbah stepped down after serving a maximum two terms and Koroma successfully defeated the incumbent Vice President Solomon Berewa. Sierra Leone is due to go for presidential elections again in 2012.

Uganda

Thursday  28/04: Arbitrary Arrest: For the third week running Kizza Besigye was detained by the police for attempting another walk to work protest. Beigye is being denied his freedom of expression and the right to peaceful assembly.