UN rights experts hail Zambia’s move away from death penalty, but warn of “areas of concern” in Africa

Two United Nations human rights experts welcomed a recent decision by the President of Zambia, Edgar Lungui, to commute the death sentences of 332 individuals to life imprisonment. The UN Special Rapporteurs on summary executions, Christof Heyns, and on torture, Juan E. Méndez, also encouraged the Zambian authorities “to take a step further by removing all reference to the death penalty in the country’s laws.”   

President Lungui commuted the sentences after his visit to Mukobeko Maximum Security Prison, which despite a capacity of 51 inmates, houses hundreds. 
“By commuting these death sentences, the Zambia puts a stop to mental and physical pain and suffering, and takes an important step towards ensuring respect for the inherent dignity of the human person,” Mr. Mendez said. 

“This decision is in line with the trend in Africa – as in the rest of the world – to move away from the death penalty. As the Secretary General of the UN has said, there is no room for this form of punishment in the 21st Century,” Mr Heyns said. 

One year after arrest Zone 9 bloggers remain imprisoned as trial drags on

CPJ-It will be one year this weekend since six bloggers were arrested in Addis Ababa, just days after the group announced on Facebook that their Zone 9 blog would resume publishing after seven months of inactivity. As the anniversary of the arrests approaches on Saturday, Soleyana S. Gebremichale, one of the Zone 9 founders who was charged in absentia, told me the situation was not hopeless.

"International advocacy is important not only to pressure the Ethiopian government but also to show solidarity for people in prison," Soleyana, who is currently based in Washington, D.C., said. "The words and support that we show them are their strength in prison."

The six Zone 9 bloggers, arrested along with three journalists not connected to the blog, were held in detention until mid-July when a court in Addis Ababa charged all those being held, and Soleyana, with terrorism. Working with human rights organizations and participating in an email encryption training session were among the activities that led to the charges, according to reports. Their charge sheet, translated into English from Amharic, can be found here in full.

The Zone 9 bloggers--Befekadu Hailu, Atnaf Berhane, Natnail Feleke, Mahlet Fantahun, Zelalem Kibret, and Abel Wabella--and three journalists--Edom Kassaye, Tesfalem Waldyes, and Asmamaw Hailegeorgis--have now spent a full year in prison.

Among them is a lawyer and lecturer, an economist, and an IT specialist. One of them is a data expert in Ethiopia's Ministry of Health, another is an engineer for Ethiopian Airlines. They are writers, advocates, and activists, but the Zone 9 bloggers are not terrorists.

According to reports, these young professionals from a range of backgrounds were united by a desire for a more just, transparent, and democratic Ethiopia. The Zone 9 bloggers used their blog, which is still running, as a platform to write about social justice, democracy, and human rights. They spoke out about censorship and challenged corruption.

"Zone 9 existed because we had a hope that we could contribute for the public discourse," Soleyana told me.

The trial has been adjourned 26 times, most recently on April 8, according to a site that tracks its progress. The proceedings are scheduled to resume on May 26. According to the Trial Tracker Blog, which publishes news reports and details of campaigns about Zone 9, police continue to search for evidence to support the charges and failed to provide the defense with access to evidence they allegedly have. A request by the defense for the removal of judge, who the bloggers' lawyer said had been "unfair" throughout the trial, was rejected.

According to the same site, in some instances family and friends were allegedly prevented from entering the courtroom. The nongovernmental organization Ethiopia Human Rights Project reported that "Female detainees could not be visited by friends and relatives" and that when visits were permitted, they were limited to six people only, for a maximum of 20 minutes a day.

Ethiopian officials have repeatedly rejected external criticism of their handling of the Zone 9 case, according to news reports including this piece by The Washington Post. According to the Post, the government denied the bloggers were imprisoned for their writing, and said they were on trial for attempting to sabotage the state. This sentiment was echoed by Communication Affairs Minister Redwan Hussein who, at a press conference in May last year, said of the Zone 9 bloggers, "Most of them are not journalists but activists ... if someone engaged in criminal activities, he will face prosecution regardless of his profession."

Ethiopia, ranked fourth on CPJ's list of the 10 Most Censored Countries, has consistently demonstrated itself to be hostile to the idea of a free press, using charges of terrorism to justify long jail sentences of journalists. In a series of trials documented by CPJ over the past four years, deputy editor of Awramba Times, Woubshet Taye was sentenced to 14 years, freelance writer Eskinder Nega to 18 years, and Feteh journalist Reeyot Alemu to 14 years, reduced to five on appeal. Prison authorities were accused of denying adequate medical attention to Reeyot and Temesghen Desalegn, the owner of Feteh magazine. And in two reports released by Citizen Lab, based at the University of Toronto, researchers said Ethiopia appeared to have used malware and surveillance tools to try to monitor Ethiopian journalists around the world.

Soleyana welcomed international attention to her colleagues' plight. "Though it seems like the impact is slow and sometimes invisible I believe that the international pressure would contribute to change the decision of the Ethiopian government," she said.

Despite international criticism, Ethiopia has been defending its anti-terror laws for years. Speaking to the BBC in 2014, Ethiopian Prime Minister Hailemariam Desalegn defended them as being similar to that of the UK terror laws. In 2012, the then Prime Minister Meles Zenawi defended the laws in Parliament. In response to a critical op-ed by Nicholas Kristof in The New York Times, the country's Foreign Ministry argued that Ethiopia did respect press freedom, according to reports.

From Al-Shabab's attack at Garissa in Kenya this month and Boko Haram's relentless violence against Nigerians, to the senseless acts of groups such as al-Qaeda in the Islamic Maghreb, you don't have to look far to find examples of terrorism across the African continent.

But as former High Commissioner for Human Rights Navi Pillay stressed in May last year, in response to Ethiopia's crackdown on the press, "The fight against terrorism cannot serve as an excuse to intimidate and silence journalists, bloggers, human rights activists and members of civil society organizations."

In a statement this week, the U.N. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, and the UN Special Rapporteur on religious freedom, Heiner Bielefeldt, said: "By actively promoting and protecting human rights, states contribute to preventing terrorism in an effort to address its root causes and risk factors."

At a time when national leaders should be protecting rights and providing reassurance from very real threats like these, many governments choose instead to crush those voices most in need of being heard. This has certainly been true in Ethiopia.

Source: CPJ

The Gambia: UN human rights team prevented from completing torture and killing investigations

The United Nations Special Rapporteurs Christof Heyns and Juan Méndez have been prevented from completing a torture and killing investigation during the first visit ever to The Gambia by experts of the independent fact-finding mechanism of the Human Rights Council Special Procedures.

The two UN human rights experts carried out an official mission* to the country to examine the current level of protection of the right to life in law and in practice, and assess the situation and identify challenges regarding torture and other cruel, inhuman or degrading treatment or punishment in The Gambia, among other things. 

In a remarkable and encouraging step, the Gambian Government invited the two UN Special Rapporteurs earlier this year to conduct a joint visit from 3 to 7 November 2014.

Unfortunately, and despite a written agreement accepting the Terms of Reference of the two mandates, once the investigators arrived, the Government denied them access to certain sections of the first prison the two mandate holders attempted to visit. They offered instead a guided tour to parts of the prison, informing that under no circumstances would they be allowed to visit the Security Wing, where inter alia the death row prisoners are held.

Gambia Government postpones UN experts visit

The United Nations Special Rapporteurs on torture, Juan E. Méndez, and summary, extrajudicial and arbitrary executions, Mr. Christof Heyns, today expressed their deep disappointment with the unilateral decision taken by the Government of The Gambia to postpone their country visit, scheduled to start today and take place until 18 August 2014.

In a news release issued by United Nations Human Right the Office of the High Commissioner for Human Rights, stated that: “We find it extremely worrying that a major undertaking dealing with issues such as unlawful killings and torture can be cancelled without explanation, just as it is about to start.”

The experts said, “The Government’s decision to postpone our visit casts doubt on The Gambia's willingness to engage with the United Nations' special procedures and to respond to the legitimate expectations of the human rights constituency in Gambian civil society.

Gambia Government called on to investigate Deyda Hydara's murder

Photo credit: Haddija Jawara

Nine years on since journalist Deydara was killed, the Gambia Press Union (GPU), has calledl on the Gambia government to do justice in the murder of journalist Deyda Hydara killed in the line of duty.

 Late Deyda Hydara,  was the managing editor and co-proprietor of The Point newspaper, who was murdered on 16th December 2004. on his paper’s anniversary day. Gambian authorities has never brought the assassins to book

 ‘We call on the Gambia government to properly investigate and brought out assassins of Deyda Hydara,” Jibairu Janneh, executive director of the union said. “Our position still stands the same.”

Janneh was speaking on world press freedom day, a day used to remember colleagues who have been victimize for just speaking out the truth.

World Press Freedom Day is observed annually on 3 May to remind countries and people all around the world, that freedom of the press and freedom of speech and expression are fundamental human rights.

This day is often held to remember many journalists who have died or faced jail in order to bring news to the public.

Photo credit: Haddija Jawara

The government has also been called to do justice in the disappearance of Ebrima ‘chief ’Manneh, who went missing since 2007. Alarmingly, Gambian authorities cannot account for Manneh's whereabouts, and over the years have given evasive and inconsistent responses to regional and international inquiries.

This year’s theme for this day, as declared by the UN, is “Media Freedom for a Better Future: Shaping the post-2015 Development Agenda”.

Done in different styles in other parts of the world, The Gambia celebrates it at the Tango office in a form of symposium with panelists who made presentations in different topics.

Ending 19 years of repression and impunity in The Gambia

 

July 22, 2013, marks 19 years of President Yahya Jammeh's rule of West Africa’s smallest country, The Gambia, after the 48-year old leader ceased power in 1994 through a military coup. 

 

The 19-year rule of President Jammeh has been characterised by brutal repression of citizens’ rights to free expression. Freedom of speech and media rights have remained stifled mainly through the application of inimical laws and the meting out of stiffer punishments after politically motivated trials. 

 

During the period, dozens of human rights advocates and journalists have been exiled, others have been killed and several others have disappeared. In The Gambia today, critical media reportage is literally outlawed, while other rights violations continue to be perpetrated by the government with gross impunity. For example, The Jammeh regime has refused to comply with two human rights judgements delivered against it by the regional community Court of Justice (the ECOWAS Court) since 2010.