African Commonwealth Human Rights Weekly Update (14/05 - 20/05/2011)

Rwanda

Tuesday 17/05: Bizimungu convicted if War Crimes: Former Rwandan army chief Augustin Bizimungu has been sentenced to 30 years in prison for his role in the 1994 genocide. Until his capture in Angola in 2002, Bizimungu was the most wanted man in connection with the 1994 genocide.

The 59-year-old was on trial in a specially commissioned court in Tanzania. The judge ruled that he had control of forces that carried out the widespread rape and killing of Tutsis and Hutu moderates.

In the 100 days of genocide an estimated 800,000 Rwandan’s lost their life

The Seychelles

Monday 15/05: Observer Group to be dispatched: Commonwealth Secretary Gereal Kamalesh Sharma announced on Monday that a commonwealth observer team will be dispatched to the Indian Ocean state for the Presidential election which take place between the 19-21 of May.

The team will be headed by the former foreign minister of St Lucia, Dr Julian Hunte.

Swaziland

Saturday 14/05: Political Activists Arrested: The Swaziland Democracy Campaign, a South Africa based organisation pushing for greater political freedoms in Swaziland, report that a number of trade unionists have been arbitrarily arrested. They report that on Saturday members of the new democratic trade union federation, The Trade Union Congress of Swaziland (TUCOSWA) were arrested and detained by police after attending a meeting in the Lubombo Region.

TOCOSWA was launched on May Day of this year and brings all trade unions in Swaziland into a single organisation. Political parties are banned in Swaziland and trade unions remain the main source of organised opposition to King Mswati’s autocratic state.

On Sunday the funeral of political activist Sipo Jele ended in ugly scenes when police ripped a flag of the banned political party, People’s United Democratic Movement (PUDEMO) and arrested three mourners wearing PUDEMO T-shirts.

Saturday 14/05: Bushfire Festival Boycott Still on: The Swaziland Solidarity Network, reiterated that it will boycott the Bushfire Music Festival which will be held in Malkerns between 27-29 May. The event is due to feature artists from USA, Canada, South Africa, Mozambique, Mali, Zimbabwe, Botswana and France as well as local acts from Swaziland.

The Swaziland Solidarity Network has asked called artists to refuse to attend and has called on Swaziland to be isolated from the cultural mainstream (similar to what happened to Apartheid South Africa). However, Swazilands other large civil society campaign group, The Swaziland Democracy Campaign has called off its boycott after meeting with event organisers. They claim that the the event provides an opportunity for young Swazi musicians to get international exposure.

Sunday 15/05: Swaziland Referred to the African Court on Human People’s Rights: The Sunday Times an independent newspaper in Swaziland, reported on Sunday that the African NGO Forum has referred Swaziland to the African Union’s African Court on Human People’s Rights (ACHRP).

The Swazi Government is accused of violating nine separate articles of the African Charter. In particular the ACHPR is being urged to call on Swaziland to stop police brutality, arbitrary detentions and torture. Swaziland is being urged to amend the Suppression of Terrorism Act and repeal the Sedition and Subversive Activities Act.

Uganda

Thursday 19/05: Besigye Under House Arrest: Ugandan opposition leader Kizza Besigye has been prevented from leaving his house by police as the new parliamentary session opens. The police claim his was planning to cause unrest and call his detention “a preventative arrest”.

Secretary General speaks up for The Commonwealth

A couple of weeks ago I questioned what was the point of the Commonwealth if it continually fails to denounce human rights abusers? Well, last week at a meeting with Andrew Mitchell (the United Kingdom’s Secretary for International Development) the Commonwealth Secretary- General, Mr Sharma, spoke up about the achievements of the organisation.

Mr Sharma argued that the Commonwealth had a unique role is promoting dialogue between disparate areas of the globe. He said “The Commonwealth has managed to create convergence and understanding without friction, among and between different societies."

The Secretary-General disputed claims that the organisation is inactive or silent issues and said that most of the Commonwealth’s important work goes on behind the scenes. “We don’t often make headlines, but our work of supporting the strengthening of democratic institutions and rule of law is very important”. He cited the seven years of work undertaken by The Commonwealth in the Maldives which held its first successful multi candidate presidential elections in 2008. The organisation has also been involved in recent election observer missions to Uganda and Nigeria and will be sending a mission to the Seychelles to monitor the forthcoming presidential elections.

The Secretary-General added: “You have to draw a deep breath to measure and evaluate the work the association does, because we don’t operate like a donor agency. We are demand driven and listen to our partners and respond appropriately.”

Whilst I applaud the Commonwealth’s obvious commitments to capacity building and election monitoring, I reiterate my call for the Commonwealth to come out publically when its members show blatant disregard for the human rights of their citizens.

The upbeat appraisal of the Commonwealth given by Mr Sharma is in contradiction to the findings of the Commonwealth Eminent Persons Group (EPG) which conducted a review of the organisation in March of this year. The group concluded that “The Commonwealth is in danger of becoming irrelevant and unconvincing as a values-based association.”

The EPG drew up a list of recommendations to be discussed at the next Commonwealth heads of meeting in Perth, Australia in October.  Among these recommendations the EPG called for a “Charter of the Commonwealth” to be developed by and for Commonwealth citizens, expanding the range of measures available to Commonwealth to better respond where its values are violated and creating a Commissioner on Democracy and the Rule of Law to advise the Secretary-General on serious or persistent breach of Commonwealth core values.

The group also called for a renewed focus on HIV in small Commonwealth states and an expansion in the ‘footprint’ of the Commonwealth by creating incentives for Commonwealth organisations to re-locate out of the UK.

We at CHRI wait with bated breath to if the Commonwealth is willing to take on board the recommendations of the EPG.

Henry Wilkinson, CHRI Advocacy Officer

CHRI Statement

CHRI OFFICIAL STATEMENT ON PROTESTS IN UGANDA, SWAZILAND AND MOZAMBIQUE

Issued 10/05/2011

As the world focuses its attention on oil rich North Africa and the Middle East, a wave of police brutality within sub-Saharan African states of the Commonwealth has gone largely unnoticed and unpunished. Uganda, Swaziland and Mozambique have seen a wave of protests. But little attention has been paid to the uniformly brutal way in which they are being dealt with. These are all Commonwealth countries. The Commonwealth Human Rights Initiative (CHRI) strongly condemns the routine use of intimidation, beatings, illegal detention, torture and excessive use of force being used within these countries to curb legitimate expressions of dissent and the right to freedom of speech and peaceful assembly. With their focus on momentous developments, the world and the international media have paid little attention to suppression and illegal acts by state actors in these countries.

Throughout April, political activists in Uganda were repeatedly harassed, beaten and arrested by the police on trumped up charges whilst largely peaceful marches were violently suppressed. As a member of the Commonwealth, Uganda should ensure that its security forces act in the spirit of the Harare Declaration which emphasises the liberty of the individual and a commitment to human rights. Uganda is also bound by the International Covenant on Civil and Political Rights (ICCPR) which guarantees the right to hold opinions without interference, the right to freedom of expression and the right to peaceful assembly.

Walk to work protests began on April 11, 2011 against high fuel prices and a rising cost of living. For three weeks running, these generally peaceful protests were dispersed by the police and the army with rubber bullets, live ammunition, tear gas and pepper spray. At least eight people have been killed including a two year old child in Masaka on April 21, 2011. The UN Code of Conduct for Law Enforcement Officials requires law enforcement agencies to “use force only when strictly necessary and to the extent required for the performance of their duty”. Firing live ammunition indiscriminately into crowds that offer little threat to police officers or members of the public (as protesters have either been unarmed, or on occasion, armed with stones) is never necessary nor a proportional use of force.

The main Ugandan opposition leader and figurehead for the protests, Kizza Besigye has been shot in the hand, sprayed with pepper spray and forcibly extracted from his car by Ugandan police. On April 28, 2011, he was arrested for the third time in a month, having already been detained on charges of inciting violence and unlawful assembly. Grace Turyagumanawe, the Metropolitan police chief, justified the arrests by claiming Besigye "was inciting violence, blocking the road and disobeying police officers."

The right to freedom of expression is guaranteed in Uganda’s Constitution and in the Universal Declaration of Human Rights. Article 4 of the ICCPR maintains that curbing rights such as the freedom of expression is only permissible when there is a public emergency  that threatens the life of the nation. The walk-to-work protests in Uganda have been overtly peaceful and carried out by unarmed members of the public, hence can hardly be seen as threatening the life of the nation.

CHRI also notes the failure of other police forces in the Commonwealth to act in the spirit of international human rights law. In Swaziland protests on April 18, 2011 were declared illegal by the state and police broke up protesters with water cannons and a spate of arbitrary arrests. Mcolisi Ngcamphalala, of the Swaziland Youth Congress said he was held and tortured by police for 24 hours. As in Uganda, the right to freedom of assembly is being desecrated by Swazi police. Torture is forbidden by the UN which states that a law enforcement official may not tolerate any act of torture and shall “ensure the full protection of the health of persons in their custody”.

In neighbouring Mozambique, protests on April 6, 2011 about unfair wage deductions of security staff ended in ugly scenes as riot police were filmed kicking and beating detained protesters. The UN states that “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”. Documentary evidence shows that this was not the case as protesters were repeatedly beaten having already been detained. Whilst CHRI deplores the excessive use of force, it is encouraged by the fact that a Commission of Inquiry was set up by the Mozambican Interior Ministry to investigate the incident.

We strongly urge the governments of Uganda and Swaziland to prosecute all those individuals who have been implicated in the use of force against peaceful demonstrators. All those responsible should be made accountable for their actions.

We also urge the Commonwealth to speak out in strong condemnation of actions by the Governments of Swaziland and Uganda who continue to violate the rights and freedoms of their citizens.

We encourage the Governments of the Commonwealth to listen to the cries of the people and act in a transparent manner with their citizens on matters that affect their socio-economic situation. Such matters can only be resolved through the promotion of dialogue, transparency and accountability in government dealings, policies and programmes.

We further recommend that the next Commonwealth Heads of Government meeting in Perth should review the standards of policing amongst its members.

Royal Wedding List – will the Commonwealth live happily ever after?

Everyone loves a wedding, especially a royal one. The BBC estimate that 2 billion people from across the world will tune in today to watch Prince William and Kate Middleton exchange vows at Westminster Abbey. Yet the guest list for the wedding is causing a controversy.  Obama didn’t make the guest list yet every head of state of the Commonwealth’s 54 members received a special invite. Leaders from even tiny islands like St Lucia and Montserrat will wine and dine with the world’s elite. But what really is the point of the Commonwealth beyond adding exotic costumes and colour to the pomp and circumstance?

It’s a question that I frequently asked myself when I decided to uproot from the UK and take up a position with the Commonwealth Human Rights Initiative in Accra. In all honesty, I didn’t know a great deal about the association except that it was made up of former members of the British Empire and I also knew that it held an athletics tournament every four years. Now… months later conversations with Ghanaian friends convince me that little is still known about this still functioning international association of 54 countries – 19 of them in Africa. Certainly the nearly 2 billion people of the Commonwealth, the majority of them living on less than $2 a day have no clue about the glamorous wedding or the glittering invitation list.

The Commonwealth was initially created as an attempt to preserve the links between Britain and its former colonies. However once the Commonwealth moved from being a ‘whites only’ club to including members of the ‘new Commonwealth’ like Ghana, Ceylon (Sri Lanka), India and Nigeria it needed to articulate common fundamental principles which in the absence of geographic cohesion like the EU or a common purpose like NATO would allow it to hang together. Repeated solemn declarations reaffirming the centrality of human rights and democracy seemed to place upholding human rights at the pivot around which it would function. Indeed its vociferous lead in fighting apartheid were a unifying mission that provided the Commonwealth its hay day and expulsion of overt military dictatorships like Nigeria, Fiji and Pakistan gave it teeth. Unfortunately today the Commonwealth has stopped playing the role which it carved out for itself. Many of the Commonwealth heads of state who will be attending Friday’s wedding are overseeing regimes with dismal human rights records. For instance King Mswati III of Swaziland, an autocratic king of a country with no political parties, will fly out to the UK from southern Africa having just suppressed one of the country’s largest peaceful pro-democracy marches.

It is true that the Commonwealth has continued to promote democracy in its member states by providing electoral observers and advisors, as it did most recently in Nigeria. It also true that it continues to hold workshops on human rights and the best ways to implement them. Only last week, Mauritius hosted six other African members of the Commonwealth, including Ghana who met to discuss how to implement the recommendations they received from the UN when under periodic review in 2008 and 2009. The real problem is that the Commonwealth seems unwilling and unable to punish wayward members who show blatant disregard for international human rights law. Whilst in the past minority governed South Africa was excluded and Nigeria was suspended in 1995 after the execution of Ken Saro Wiwa, today an autocratic regime and police repression in Swaziland goes on without comment.

As happened in North Africa, protests in Swaziland began about rising food prices and falling wages. However, with time attitudes have hardened and calls for political reform have been made. Journalists currently seem to lump protests in repressive countries together. Many who haven’t been to Swaziland, a small mountainous kingdom surrounded by South Africa on three sides and Mozambique to the east, want to group it with the “Arabian Spring”; a long serving incumbent, repressive police and an impoverished youth. The situation in Swaziland is different. The majority of the protesters are not pushing for an overthrow of the king, rather an end to the 38 years of autocratic rule and a return to constitutional democracy. The Swazi government mandated a ten percent cut in civil service salaries as the King was granted an extra $6 million in his annual allowance, yet King Mswati is still largely popular. Although 70% of the population live on less than 1 dollar a day many Swazis still speak warmly of King Mswati’s stabilising influence and his role in upholding Swazi culture. On my last visit, street traders in Manzini and Mbabane still did a brisk trade in fabric adorned with King Mswati’s face.  

 

 

On the 18^th of April, the 38^th anniversary of the banning of political parties by King Mswati’s father King Sobuzha II protests took place. Students, trade unionists and members of banned political party’s took to the streets of Manzini to call for the resignation of the current government and a return to party politics. The King responded by declaring the demonstration illegal and ordering the police were to break up the protesters with water cannons and a spate of arbitrary arrests. Civil rights protesters allege that they are coming under increasing pressure from the country’s security apparatus and Mcolisi Ngcamphalala, of the Swaziland Youth Congress said he was held and tortured by police for 24 hours.

 

 

Swaziland is party to the International Covenant on Civil and Political Rights which guarantees the right to hold opinions without interference the right to freedom of expression, the right to peaceful assembly and the right to freedom of expression. It also committed itself to the Commonwealth’s Harare Declaration which guaranteed human rights and the right for people to frame the society in which he or she lives. These rights are being systematically denied by Mswati and the Commonwealth has a duty to bring Swaziland back into line.

 

 

However instead of condemnation the Commonwealth has at best remained silent, at worst it has been cozying up to King Mswati. Queen Elizabeth II as the formal head of The Commonwealth will welcome King Mswati to the royal wedding, whilst Kamalesh Sharma the current Secretary General has failed to mention the situation in Swaziland, despite last week being less than 100 kilometres away in neighbouring Mozambique. It is perhaps more embarrassing that Sharma’s predecessor, Don McKinnon, accepted an award from King Mswati for his work on the 2005 constitution which still left 1.2 million Swazis with no political parties or genuine democratic choice.

 

 

If the Commonwealth is to remain relevant and understood it must begin to practice what it preaches. If it is truly committed to human rights and democracy it must insist on member states like Swaziland acting as if the standards the Commonwealth has given itself really matter.  Otherwise it will remain an ghostly remnant of some half forgotten dream of what might have been in people’s minds only coming to prominence at British royal weddings and at the next Commonwealth games.

 

Henry Wilkinson, Human Rights Advocacy, CHRI Africa Office

This is article was published in The Ghanian Times, 29/04/11 (p.8) visit www.newtimes.com.gh/ and The Chronicle, (p.14.) 29/04/11 visit www.ghanaian-chronicle.com