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Six-month suspended sentence handed down to nine human rights defenders

Status: 
Sentenced
About the situation

On 13 June 2019, the Court of Fianarantsoa gave a six-month-suspended sentence to nine human rights defenders who were arrested on 2 May 2019 for protesting against the extraction activities of mining company Base Toliara. They were accused of “intentional destruction of property belonging to the corporation”, “setting fire to office furnishings”, “unarmed gathering without permission” and “refusal to obey orders to disperse”.

About the Ranobe Communities’ Defenders

9 HRDs MadagascarThe nine human rights defenders of this group are members of the Benetse, Ampototse and Tsiafanoka rural communities in the South-West of Madagascar. These communities are composed mostly of farmers, fishers and stockbreeders. The HRDs participated in a protest organised in opposition to the Ilmenite extraction project being undertaken by Base Toliara mining company, which could have irreversible effects on their communities' health and livelihoods. They have become the face of the community's resistance since they were arrested for taking part in the protest.

20 November 2019
Six-month suspended sentence handed down to nine human rights defenders

On 13 June 2019, the Court of Fianarantsoa gave a six-month-suspended sentence to nine human rights defenders who were arrested on 2 May 2019 for protesting against the extraction activities of mining company Base Toliara. They were accused of “intentional destruction of property belonging to the corporation”, “setting fire to office furnishings”, “unarmed gathering without permission” and “refusal to obey orders to disperse”.

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Ranobe Communities’ Defenders are nine human rights defenders that are members of the Benetse, Ampototse and Tsiafanoka rural communities in the South-West of Madagascar. These communities are composed mostly of farmers, fishers and stockbreeders. The HRDs participated in a protest organised in opposition to the Ilmenite extraction project being undertaken by Base Toliara mining company, which could have irreversible effects on their communities' health and livelihoods. They have become the face of the community's resistance since they were arrested for taking part in the protest.

Following a complaint lodged by the company Base Toliara on 13 June 2019 they were charged and convicted to a six-month suspended sentence on the count of “unarmed gathering without permission”. The charges are related to a protest they organised on 17 April 2019 against the Ilmenite extraction project, for which on 2 May 2019, the police forces arrested thirty members of the Benetse, Ampototse and Tsiafanoka communities. They were accused of damaging the facilities of Base Toliara in Ranobe. On that day, twenty-one of those arrested were released without any explanation and the remaining nine were sent to another town. None of the nine human rights defenders can be seen in the video released in the media. The human rights defenders have filed an appeal and are awaiting trial.

The three communities of Benetse, Ampototse and Tsiafanoka have been firmly opposed to the Ilmenite extractive project because of the health risks associated with uranium and thorium. Water contamination and the inhalation of dust released into the atmosphere could cause serious illnesses and hereditary diseases. In addition, Base Toliara has refused to share the findings of an environmental and social impact study in June 2019, which has led to further resistance from the communities and civil society organisations.

Base Toliara is a locally registered company and part of the Base Resources group, an Australian mining company. Base Toliara has a mining license issued by the Madagascar government in 2012 and an environmental permit since 2015. On 6 November 2019, the government decided to suspend for an indefinite period the mining activities of Base Toliara. The government cited the opposition of local communities as the reason for its decision.

Front Line Defenders is deeply concerned by the sentencing of the nine human rights defenders and the harassment of the communities opposing the extractive activities of Base Resources. Front Line Defenders urges the Malagasy authorities to ensure that this sentence will not be registered in the criminal records of these land and health rights defenders and that the three communities are permitted to exercise their right to peaceful protest.