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Tsihoarana Andrianony released

Status: 
Released
About the situation

On 4 November 2016, human rights defenders Tsihoarana Andrianony and Pierre Robson were convicted on the charge of ‘leading an unauthorised protest’ at the Court of First Instance for the Anosy region and were sentenced to one year imprisonment, suspended. They were acquitted on the four remaining charges against them, and immediately and unconditionally released from prison.

On 23 September 2016, the Court of First Instance at Anosy ordered pre-trial detention for two environmental rights defenders, Pierre Robson and Tsihoarana Andrianony and charged them on four counts including breach of state security. Their arrest follows a series of mass protests that the two defenders helped organise against gold mining at Soamahamanina by a Chinese company, Jiuxing Mines S.A.R.L.

About Tsihoarana Andrianony

Protest in Soamahamanina, Madagascar. August 2016. Credit: NewsMadaTsihoarana Andrianony is the co-president of the association VONA, a local organisation that defends environmental rights, and which was one of the main groups organising the recent mass movement at Soamahamanina. VONA is supported by the TANY Collective, a coalition of organisations working to defend Malagasy land and natural resources against land grabbing, and to support development for both urban and rural citizens of Madagascar. The campaign called for suspension of gold mining in the region, amid accusations of irregularities by the defenders and other environmental actors.

4 November 2016
Tsihoarana Andrianony convicted and released

On 4 November 2016, human rights defenders Tsihoarana Andrianony and Pierre Robson were convicted on the charge of ‘leading an unauthorised protest’ at the Court of First Instance for the Anosy region and were sentenced to one year imprisonment, suspended. They were acquitted on the four remaining charges against them, and immediately and unconditionally released from prison.

Tsihoarana Andrianony and Pierre Robson are the co-presidents of the association VONA, a local organisation that defends environmental rights. VONA is supported by the TANY Collective, a coalition of organisations working to defend Malagasy land and natural resources against land grabbing, and to support development for both urban and rural citizens of Madagascar.

On 4 November 2016, the Court of First Instance for the Anosy region announced that Tsihoarana Andrianony and Pierre Robson had been sentenced to one year imprisonment, suspended, for the count of leading an unauthorised protest. They were acquitted on counts of ‘breach of state security’, ‘theft of a gun belonging to a member of the police’, and ‘destruction of common property’ and released from prison. The trial of the two human rights defenders began on 2 November 2016.

They had been held in pre-trial detention since their arrest on 22 September 2016 in Soamahamanina. The two human rights defenders were charged on 23 September 2016 in relation to the organisation of a protest against the activities of a mining company, Jiuxing Mining S.A.R.L.

Front Line Defenders welcomes the release of Tsihoarana Andrianony and Pierre Robson and their acquittal on three of the four charges. However, Front Line Defenders remains concerned at their conviction on the charge of ‘leading an unauthorised protest’ and the length of the penalty. This in light of the fact that the protest was legal, as confirmed by the UN Special Rapporteur on Human Rights and the Environment, who visited the country in October 2016. Front Line Defenders calls on Madagascar authorities to guarantee in all circumstances that all human rights defenders are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.

 

27 September 2016
Pierre Robson and Tsihoarana Andrianony arrested and charged

On 23 September 2016, the Court of First Instance at Anosy ordered pre-trial detention for two environmental rights defenders, Pierre Robson and Tsihoarana Andrianony and charged them on four counts including breach of state security. Their arrest follows a series of mass protests that the two defenders helped to organise against gold mining at Soamahamanina by a Chinese company, Jiuxing Mines S.A.R.L.

Download the Urgent Appeal (PDF)

On 6 July 2016, the TANY Collective addressed an open letter to the President of the Republic where they requested his intervention to discontinue the gold, zinc, iron, lead and berillium mining at Soamahamanina and in the surrounding area. Among the problems raised to warrant their request were (1) lack of participation and consultation of the population; (2) the lack of respect for the rights of the population that lives at these locations including the lack of respect for their land rights; and (3) degradation of the environment including adverse impact on two rivers, the Ikalariana and the Irihatra, destruction of the tapia forest, and destruction of nearby hills and plains.

On 15 September 2016, the defenders had requested that the government order a permanent shutdown of activities by Jiuxing Mines S.A.R.L. After one week had elapsed without a response to their request, on 22 September 2016, the inhabitants of Soamahamanina went to the streets to protest. The protest resulted in violence as the police released tear gas on the protesters and certain members of the protest threw rocks. Pierre Robson and Tsihoarana Andrianony were not involved in the violence. Later in the day, the defenders were followed by law enforcement officials who arrested them. After a preliminary interview at Miarinarivo, the defenders were transferred to Antananarivo as subjects of an investigation at the court at Anosy.

On 23 September 2016, the defenders were tried in court and charged on four counts.  The charges include breach of state security, leading a non-authorised protest, and destruction of common property. The defenders will also be held responsible for a law enforcement official’s loss of his gun, that disappeared during the dispersal of the protesters at Soamahamanina. After they were indicted, the defenders were taken to a detention center at Antanimora where they await their trial.

Front Line Defenders is sincerely concerned by the arrest and indictment of defenders Pierre Robson and Tsihoarana Andrianony as they are solely motivated by their promotion of and protection for rights linked to the environment.

Front Line Defenders urges the authorities in Madagascar to:

1. Immediately and unconditionally release Pierre Robson and Tsihoarana Andrianony, and drop all charges against them;

2. Guarantee in all circumstances that all human rights defenders in Madagascar are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.