Report on Human Rights Defenders in the East and Horn of Africa

The East and Horn of Africa Human Rights Defenders Project submitted a report highlighting the situation for human rights defenders in the East and Horn of Africa to the African Commission on Human and Peoples’ Rights Commission in Kapala on 15 May 2007

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EAST AND HORN OF AFRICA HUMAN RIGHTS DEFENDERS NETWORK REPORT

EHAHRDN Index: UGA 012/008/2007 (Public)

15th May 2007

KAMPALA: A report to the African Commission on Human and Peoples’ Rights on the state of human rights defenders in the East and Horn of Africa sub-region

On the OCCASION OF THE 41ST ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS AND 15TH AFRICAN HUMAN RIGHTS BOOK FAIR, 12TH - 14TH MAY, 2007, COCONUT GROOVE HOTEL, ACCRA, GHANA

Presented by: Hassan Shire Sheikh, Chairperson, EHAHRDP/Net

Madam Chairperson,

Here comes yet another opportunity, where the African Commission and human rights defenders across Africa, meet to discuss pressing issues in the realm of human rights. At this juncture, the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net), comprising of human rights organizations from the East and Horn of Africa countries of; Djibouti, Eritrea, Ethiopia, Kenya, Somalia and Somaliland, Sudan including Southern Sudan, Tanzania and Uganda, reiterates the dire need for the stakeholders in these countries, to observe the rights of HRDs in pursuit of their duties, without hindrance.

Madam Chairperson, in Djibouti, the President of the lone human rights organization, the Djibouti League for Human Rights (LDDH) was recently arrested; in Somalia, human rights defenders are being killed because of their work, while journalists are arrested over unclear circumstances; in Somaliland, editors of Haatuf media house just left prison; in Sudan, the media operates under daily threats; in Eritrea, no independent media operates, while tens of journalists still languish behind the bars more than half a decade since their arrest by government authorities; in Ethiopia, the situation of HRDs is still as shaky as was highlighted in previous reports, and though Tanzania, Kenya and Uganda have been relatively calm, recent clashes between the media, Environmentalists and the police in Uganda, are an indicator of looming trouble.

The East and Horn of Africa Human Rights Defenders Project (EHAHRDP) has held a number of capacity building workshops, highlighting the existence of the African Commission on Human and Peoples’ Rights, but on each occasion, participants frequently ask why, despite the availability of various international bodies and international human rights instruments, perpetrators of violations are not brought to book. It is hoped that through this gathering, cases involving human rights defenders in the sub-region shall be offered priority, to ensure that justice prevails.

A number of fresh violations have happened since the last gathering of the Commission, while some cases mentioned in previous reports still remain unchanged. Below is a brief overview indicating the situation of HRDs in selected countries of the sub-region:

The government of Djibouti recently launched scathing harassment against the only existing human rights organization in the country, the Djibouti League for Human Rights. First, the organisation’s President, Noel Abdi was prevented from attending a sub-regional Journalists’ Conference in November 2006, organized by EHAHRDP; lately, on the 18th of March 2007, he was sentenced to six (6) months in prison, and fined 100.000 Djiboutian Francs, accused of “libelous statements”, and “slandering”, in connection with a communication released by his organisation on February 14th 2007, concerning the discovery of a mass grave in the village of Day, Tadjourah district.

The situation in Eritrea has equally been bad with the continued detention of at least 16 journalists whose whereabouts are still unclear, and the private press banned since September 2001. It is very unfortunate that the Eritrean Government has ignored any level of international pleas to accord the detained journalists a fair hearing. Yet on top of that, their whereabouts are still unclear.

In the year 2006, EHAHRD-Net reported that several HRDs in Ethiopia including journalists were under detention following the November 2005 violent demonstrations against alleged fraudulent General Elections held in the country in May of the same year (2005). It was also reported that many other journalists and HRDs had been forced into exile as their names prominently featured on the police list of most wanted persons. Whereas at least 8 of the detained journalists were recently acquitted of various charges including treason, about 9 others plus tens of HRDs still await justice to prevail in their case.

According to information received from Network members in Ethiopia, those acquitted include; Publisher Sisay Agena of Ethiop and Abay; Publisher Serkalem Fassil and Columnist Eskinder Nega of Menilik, Asqual, and Satanaw; Editor-in-Chief Nardos Meaza of Satanaw; Publisher Zekarias Tesfaye and Deputy Editor Dereje Habtewold of Netsanet; Deputy Editor Feleke Tibebu of Hadar; and Publisher Fasil Yenealem of Addis Zena were acquitted of three criminal charges and ordered released from Kality prison. The publications have been banned since the crackdown. Meanwhile, Kifle Mulat, the exiled President of the banned Ethiopian Free press Journalists Association (EFJA), was also acquitted of the single charge of “outrage to the Constitution and constitutional order”.

Human rights violations in Somalia considerably escalated towards the end of 2006 when Ethiopian troops entered Somalia in a bid to drive out the Union of Islamic Courts (UIC) who had previously overtaken the capital Mogadishu. This was done to reinstall the weak but internationally recognized Transitional Federal Government (TFG). However, following the expulsion of the UIC from Mogadishu, war broke out that has so far claimed the lives of hundreds of civilians, and caused over half a million others to flee the country. This trend of affairs has not spared journalists and other human rights defenders working in Somalia.

The deaths of Isse Abdi Isse, formerly Chairperson of Kisima Peace and Development Organisation based in Mogadishu (March 2007), journalist Mohammed Abdullahi Khalif murdered in Galkayo puntland (May 2007), and journalist Ali Mohammed Omar murdered in Baidoa (Feb 2007), (see EHAHRDP statements; EHAHRD-Net Index: SOMA 003/005/2007, EHAHRD-Net Index: SOMA 004/005/2007), have further darkened the already blurred situation of human rights defenders in war-torn Somalia. That aside, Radio HornAfrik was hit by artilleries on April 21st 2007, temporarily halting its operations. Journalist Yahye Ali Farah and Cameraman Abdi Dhaqane, sustained injuries in the attack; on April 19th 2007, the Global Broadcasting Corporation (GBC) based in Mogadishu experienced “indiscriminate bombardments”, damaging its equipment; Ayaamaha Daily Newspaper was also hit; Shabelle Media Network has been repeatedly shut; and the Al Jazeera TV offices were also closed early this year.

In Somaliland, the infamous raid of the offices of Haatuf Media Network on January 2nd, 2007, leading to the arrest of three journalists, has been the major highlight up to this part of the year. Those arrested include, Chairman Yusuf Abdi Gabobe, Editor Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim, Haatuf’s correspondent in Borame. The fourth journalist, Mohamed Rashid Muhumed Farah escaped the arrest and has since been living in exile. The arrests were made in connection with a series of articles published by Haatuf from November 2006 to January 2007, in which alleged corruption and nepotism by Somaliland President H.E Dahir Riyaale’s wife had been exposed. Ali Abdi Dini was charged among others with “offending the honour or prestige of the Head of State”, while Yusuf Abdi Gabobe was charged with resisting public officers during his arrest. The author of some of the articles Mohamed Rashid Muhumed Farah was charged in absentia. The verdict was delivered on March 4th, 2007 basing on the outdated Penal Code dating back to the 1960s of the Somalia Union. Yusuf Abdi Gabobe was sentenced to two years imprisonment, while Ali Abdi Dini and Mohamed Omar Sheikh Ibrahim, together with investigative reporter Mohamed Rashid Muhumed Farah who was tried in absentia, received sentences of two years and five months. In addition, the media house was fined 5 Million Somaliland Shillings (estimated US$ 800). Though they later received Presidential pardon on March 30th, 2007, such arrests were unwarranted in the first place and must be condemned.

Latest information received from Somaliland indicates that Mrs Zamzam Abdi Adam, the Shuronet Chairperson, Ibrahim Lidle Suleiman and three Journalists were rounded up on Saturday May 12th while organizing a press conference on the abolition of the unlawful Public Order Law and the Security Committee, which had been disbanded by the Somaliland Parliament but the Somaliland Government, still uses to suppress demonstrations and freedom of expression. The journalists detained included; Mohamed AMin of Haatuf Media Network, Abdi Gaab a reporter from the Hargeisa Independent TV and a Jamhuuriya Newspaper reporter only identified as Illig.

In Sudan, the Press has been under continued pressure of censorship as reported by journalists who attended the Journalists’ Conference for the East and Horn of Africa. Al Sudani, one of the most vocal newspapers in Khartoum has repeatedly faced intimidation and closure. In January this year, Chief Editor Mhajoub Erowa and journalist Hafiz AlKhiare were detained in relation to a story they published about the murder of Mohamed Taha, who was killed in September 2006. They were later released after brief interrogation. Generally, the situation of HRDs in Sudan still remains unpredictable especially with the Darfur crisis getting worse by the day.

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Despite the fact that Uganda has previously had a relatively calm working environment for HRDs, recent events appear to be a prelude to challenging times ahead. While praying that does not come to happen, on 1st March 2007, Ugandan security operatives besieged the High Court in Kampala, and in the presence of the Deputy Chief Justice, Lady Leticia Kikonyogo, Principle Judge, James Ogoola and other judicial officials, they proceeded to unleash violence against suspects in a treason case. In the scuffles that ensued, some journalists who had gone to cover the hearing, were either beaten, pushed or had their gadgets confiscated or destroyed. Richard Ssemakula, a journalist working with Bukedde newspaper was beaten while taking photos of the PRA suspects who were being re-arrested. His gadgets including a camera, a Motorola mobile phone, and a wallet containing valuable documents, were also confiscated. Other journalists affected include; Sam Matekha, a Journalist with Radio Simba, who was beaten by security personnel; Charles Sekajja, a journalist with Ddembe FM, who sustained injuries after being assaulted by police using a Radio Call; and Wokulira Ssebaggala of Radio Sapientia, who was also beaten. (Source: Human Rights Network for Journalists. Additional notes by the Press Officer)

The other incident that has caused particular attention in Uganda in recent weeks has been the government’s planned sale of the Mabira forest. While protesting this action, many people including environmentalists campaigning for people’s right to a good environment were either arrested or beaten up in a fight with police that left at least three people dead. One journalist, Simon Kaggwa from Radio One, was serious injured and hospitalized at the International Hospital in Kampala.

RECOMMENDATIONS:

This country overview indicates a continuously sad operating environment for HRDs in most countries within the East and Horn of Africa sub-region. Innocent HRDs continue to lose their lives; many have been forced into exile while those still surviving are working under untold fear for their lives. They continue to ponder what the regional and international human rights bodies are planning to do to ensure their safety.

As a Network, we feel that the security of our members deserves priority. We understand that the African Commission shares the view that no one should be kept in custody without his/her case being determined by a court or any other judicial authority. In any event still, no one ought to be kept in detention beyond a period within which the State can provide appropriate justification implicating the suspect. Yet in most countries of the sub-region, many HRDs are detained, some for years without a fair trial. The institution of the African Court comes as a great relief to many HRDs facing various challenges in their work, and we can only wait to see action being taken against the countries violating the rights, which most have incidentally ratified.

The Network calls upon you Madam Chairperson; to pay regular visits to countries within the sub-region to familiarize yourself with the gravity of violations being committed, acting as a timely intervention with the authorities involved.

Whereas we believe all this cannot be done overnight, we maintain hope that once the struggle starts now, one time we shall realize our dream- a healthier working environment for HRDs and the respect for their rights as legislated nationally, regionally and internationally.

Hassan Shire Sheikh

Chairperson, EHAHRDP/Net