East Africa
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Kenya: Civil Society Condemns Attempted Raid and Deregistration of Human Rights Organisations
NAIROBI – Leading global and regional civil society groups have strongly condemned the targeting of two Kenyan national human rights organisations by the authorities.
The National Coalition of Human Rights Defenders – Kenya (NCHRD-K), DefendDefenders (the East and Horn of Africa Human Rights Defenders Project), global civil society alliance, CIVICUS and Civil Rights Defenders condemn the de-registration of the NGOs and an attempted raid on the offices of one of them.
On 16 August, in the wake of general elections, the Kenya Revenue Authority (KRA), accompanied by Kenyan police officers, attempted to gain entry to the offices of the African Centre for Global Governance (AfriCOG) without notice and with a defective search warrant. The attempted raid came two days after AfriCOG, together with the Kenya Human Rights Commission (KHRC), was served with a notice of deregistration by the NGO Coordination Board.
The Board has accused the organisations of operating “illegal bank accounts”, employing expatriates without the necessary permits and tax evasion, among other offences. KHRC denies the allegations.
The attempted raid was eventually prevented by instructions from Acting Interior Cabinet Secretary, Fred Matiangi, who called for the formulation of an inclusive and representative committee to work with the NGO Coordination Board to ascertain the compliance of the two organisations with NGO regulations. Secretary Mitiangi’s instructions suspended any actions against AfriCOG and KHRC for a period of 90 days to enable the committee carry out its functions.
The accusations in question had already been adjudicated before the high Court of Kenya in 2015 (KHRC vs. NGO Coordination Board 495 of 2015) when the KHRC was first deregistered by the Board. On April 2016, Justice Louise Onguto entered that the adverse actions taken to deregister KHRC and freeze its bank accounts is unconstitutional, null, and void.
Said Kamau Ngugi, Executive Director of the National Coalition of Human Rights Defenders – Kenya: “The persistent harassment of civil society organisations at the hands of Fazul Mahamed, the Executive Director of the NGO Coordination Board, is unacceptable. CSOs should be able to take part in public affairs and hold government to account without fear of reprisal.”
Further, in a letter dated 15 August 2017, the NGO Coordination Board wrote to the Directorate of Criminal Investigations to order it to close down the operations of AfriCOG and arrest its members and directors for contravening section 22 (1) of the NGO Coordination Act, which requires any person operating an NGO to be registered under the same Act. It further called on the Central Bank to freeze the accounts of the organisation.
Civil society is free to select under which regime to register an association and AfriCOG is registered under the Companies Act as a company limited by guarantee. Therefore, the NGO Coordination Board has no mandate over the operations of the institution. Furthermore, such direction is in contravention of Article 47 of the Constitution of Kenya that provides for fair administrative action and contravenes the fundamental right to freedom of association protected by Article 36 of the Constitution of Kenya as well as under international treaties to which Kenya is a State Party.
The move against the two organisations comes a week after the 8 August national elections, which were contested by the opposition. Throughout the electoral process, KHRC and AfriCOG have been vocal in their demand for transparency and have acted as monitors of the elections. KHRC Executive Director George Kegoro told Capital FM news in an interview that moves to deregister his organisation aimed to prevent it from issuing a legal petition challenging the recent election results in the Supreme Court.
The undersigned organisations hereby call on the NGO Coordination Board to:
- Desist from harassing civil society organisations and immediately lift any restrictions on the activities of KHRC and AfriCOG until they are given the right to due process;
- Respect Article 47 of the Constitution of Kenya, which provides for the right to “administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.”
- Publicly acknowledge the important role played by civil society in promoting rule of law and accountability; and ensure an enabling environment in which human rights defenders and civil society can operate free from hindrance and insecurity.
CIVICUS: World Alliance for Citizen Participation
Civil Rights Defenders
DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
National Coalition of Human Rights Defenders – Kenya
For more information contact:
Kamau Ngugi
Executive Director, National Coalition of Human Rights Defenders-Kenya
Telephone: +254 712 632 390
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Kenya’s fresh election lights up Africa with hope
On 26 October 2017, Kenya returns to the polls after the Supreme Court declared the election held on 8 August 2017 null and void. CIVICUS speaks to governance specialist Paul Okumu on the coming election re-run, the announcement by the main opposition that it will not contest the poll and what this means for Kenya’s democracy
Q: What is the mood in the country after the Supreme Court judgement ordering for a fresh election to be held this October?
On the whole, this has been the most exciting moment for Kenyans — both here at home and abroad.
But beyond Kenya, we have received several messages of solidarity and excitement from across Africa, with many African citizens and civil society telling us that this is a victory for the continent and not just for Kenya.
Never in their existence have the courts overruled the executive in the manner that the Kenya judiciary did. The judiciary has always shied away from challenging orders seen or perceived to touch the executive, and this ruling was totally unexpected, considering that the incumbent President is for all purposes the final appointing authority of members of the judiciary (based on recommendations from the Judiciary Service Commission and Parliamentary approval).
But the most ecstatic part is that citizens, as well as all arms of government, respected the judiciary and agreed to follow the orders. It has given citizens a renewed breath of fresh air and confidence in the judiciary.
It also reaffirmed the supremacy of the Constitution and the power of citizens, something that is seen as new in Kenya, considering that the Constitution is less than ten years old.
There is however some slight apprehension that being the first time, perhaps the excitement is temporary and it is not clear if indeed this is a reflection of a new activist and accountability nature of the judiciary, or this is limited just to the Supreme Court. Many of you may have also heard that the ruling party is using its new majority in both house of Parliament to push through two new laws that will dramatically weaken the Supreme Court and the electoral oversight body, Independent Electoral and Boundaries Commission (IEBC).
One must recall, however, that the groundwork that led to the nullification of this case was in fact another ruling by a lower court. In May this year, human rights activist Maina Kiai, who is the former Special UN Rapporteur on the Rights to Peaceful Assembly, went with others to court to challenge the Elections Act. He asked that the law be changed to ensure that the counting of votes is done at the polling station so that they cannot not be altered by the electoral body.The court ruled in his favour and the electoral body took the matter to the Court of Appeal, where the ruling was upheld.
At least 70% of the ruling by the Supreme Court was based on the ruling made in favour of Maina Kiai.
Q: There are concerns that there are many issues that the Electoral body must first rectify and will not be able to do this in the given time before the election. What are your views on this?
This is Kenya's greatest fear, and right now the opposition is already holding demonstrations to demand that some of these matters be rectified as conditions for participating in the fresh election. But the hands of the Supreme Court were tied here. The Constitution allows for only the electoral body, (Independent Electoral and Boundaries Commission (IEBC), to conduct elections. The Constitution also requires for those elections to be held within 60 days of the nullification of a previous one.
The concerns are therefore justified when one considers that the electoral body has decided to retain the three companies accused by the opposition of complicity in delivering a result that was not the will of the people — Al Ghurai, a Dubai based Company, Safaricom, Kenya’s largest Mobile company, and OT Morpho, a French company. Part of this is the lengthy procurement rules.
Kenyans are waiting with bated breath to see how the electoral body will address what the Supreme Court described as "systemic" and "institutional" failures within the IEBC. These failures were not just a failure of equipment, but a failure of oversight and accountability.
But remember that the main thrust of the judgement was not the manner in which the elections was conducted. The majority ruling of the Supreme Court accused the IEBC of redefining democracy and ignoring that democracy is a process that ends with elections. It rejected the view that democracy begins with elections.
In doing so the IEBC was accused of not following the entire democratic process that leads to elections — from public confidence-building to ensuring transparency in the entire process in the period leading to and the period after the elections.
So the challenges facing the IEBC are much bigger and it’s not clear if they will address these systemic and institutional challenges in the few days remaining to elections.
Q: The President has said he is disappointed by the Supreme Court Ruling. Why is this and what may it mean for the independence of the judiciary?
The President’s disappointment is understandable, and to an extent it appears justified since one of the dissenting judges insists that he had won the last election by 54%.
But unlike 2013 where the Supreme Court based its judgement on numbers, this time the court departed from this and refused to be drawn into recounting of votes. In their view, the court argued that if the process was flawed, and if there is proof that the Constitution was violated in the process leading to and after the elections, then the numbers do not matter.
This was a departure, not just from previous rulings, but other rulings within the Commonwealth jurisdiction and even the United States of America. But it is this kind of ruling that set the Supreme Court of Kenya apart from other courts.
While the judiciary around the world has refrained from helping advance society in its democratic agenda, the Kenya Supreme Court decided that Kenya should move forward and define democracy in a much broader way than just elections.
This is a game changer for other Supreme Courts around the world. For Africa, the judiciary has stamped its authority as the guardian of democracy, not just an arbiter in electoral disputes.
It means that Kenya's Supreme Court is not just asserting its role as pace-setters for society, but it is exercising its independence and the right to disagree with broader society. For a long time many Kenyans have had a very narrow definition of democracy. The Supreme Court offered a more superior definition.
Q: The opposition has just pulled out of the elections, claiming that the electoral body has refused to meet its demands and the demands required by the Supreme Court ruling. What does this mean for the credibility of the election?
The Supreme Court termed this a FRESH election, not a repeat poll. Under Kenya's Constitution, if there is only one candidate in a fresh election, the election is cancelled and the candidate is declared the winner. It is silent on what to do if a party boycotts. But the same Constitution states that fresh elections needs to be preceded by party nominations, which obviously cannot be done under the short period of 60 days allowed by law.
In pulling out of the elections, the main opposition cited a statement by the Supreme Court in the 2013 electoral dispute where the Court considered what options are left if a candidate pulls out. The court at that time interpreted the scenario to mean a candidate had died and so fresh nominations must be held and another election held within 90 days. It’s not clear because there are arguments that the court was merely discussing scenarios and was in no way giving directions.
In my opinion, this is the kind of crisis that hits societies that want to lead themselves purely by law. Laws alone cannot legislate morality, and in fact there is nowhere where society is managed by laws alone. An element of trust and compromise among its members is always needed - - which is what a proper social contract achieves in society.
Kenya has opted to let laws define its democracy, and hence its social contract.
There is a price to pay for that, and right now there will certainly be a price to pay because the law did not envisage the situation that we are in. The IEBC wanted to rectify that by bringing on board previous presidential candidates to run in this elections, but they quickly realised that that the law is not clear on this either.
Since the political players have chosen the path of legality rather than political compromise, my fear is that over the next few days we are going to see Kenya’s elections not as a democracy, but a battle between the judiciary and the executive.
It is never a good battle, and often one side ends up losing – its known who is the weaker of the two.
Q: One of the IEBC Commissioners resigned on 18 October 2017, citing threats over her life. In an interview in the media she admitted that the electoral body is not prepared and that the body has been hijacked by a section of its members aligned to the ruling government. What does this mean for the elections and for the credibility of the elections?
The situation is actually more delicate than that. You may be aware that on 12 October 2017, both Houses (Senate and Parliament) rushed through a new law that takes away considerable powers from the head of the IEBC and makes it difficult for the commission to reach decisions by compromise. The proposed law also seeks to return the country back to the manual system which was the cause of the problems in past elections, and which is blamed for the violence witnessed in 2007/2008. There are concerns that her resignation, added to the new proposed law, which by the way is only awaiting Presidential signature to become effective, may have dealt a big credibility blow to the electoral body, and in effect it short circuits the reforms that had been demanded by the Supreme Court. It certainly will have a huge impact on turnout because there is perception that the laws and the resignation have not just taken away the remaining teeth of the electoral body, but has effectively taken it back to the state it was that led to the crisis in the first place.
But once again the issue must be seen from a broader perspective, and here are the lessons that those of us who promote democracy should know. It is impossible to have democracy without a proper social contract. Democracy is about managing diversity within society to deliver on a collective aspirations using the resources at the disposal of that society. Instead we have made democracy about power plays and about the strongest or the richest or the largest ruling over everybody else. You can see where it has led the United States. We must realise that unless we work with society to learn how to negotiate, manage its diversity and develop a culture of regular compromise, anything we do in the name of democracy is merely buying time. Kenya’s crisis is very simple to manage, but we appear to have resorted to using the law, rather than the friendships, to manage it. It will not end well.
Q: What role can civil society play now before the fresh election?
There are three roles that civil society can play now and in the few days to come.
First is to celebrate the power of activism — whether in courts as did the Supreme Court, in each other as did Maina Kiai when he took the electoral body to court, or in other civil society who stood with the opposition and in fact provided the bulk of evidence that was used in court.
Secondly civil society needs to use this opportunity to connect more with citizens and explain to them what the Supreme Court just did.Never in the history of democracy anywhere in the world has the judiciary come out to teach the society what constitutes democracy! If civil society can use this case to educate citizens on why the court opted to define elections as a process and NOT an event, they will have advanced democracy in ways they would never do with all the donor money used in governance programmes.
Finally civil society need to come together. Currently there is great polarisation based on the ruling. A section of civil society, under the Elections Observer Group, had actually endorsed the elections and agreed with donors and observers that it was a free, transparent and fair election. They even agreed with the reported win of 54%, insisting it was based on their own scientific polling. They were left looking very foolish and seen as agents of donors and the government. They have not come out to explain themselves fully. The result is that they are now not seen as part of a neutral civil society.
But the rest of civil society, especially those engaged in human rights, are not seen in good light either. This was the second time in as many elections that they were directly challenging the elections alongside the opposition. And so they are also seen as partisan, even though they were vindicated this time by the Supreme Court ruling.
In a fractured and polarised society, civil society is not just about being on the right side or the legally correct path. It’s about understanding the dynamics of society and taking positions that rebuild that society. It is important that these two groups, whether they see their positions as superior or not, to come together and agree on how best to shepherd the nation and citizens at this time. Kenya is at a point where it does not need right or wrong, but truth. And that truth will only be found in taking a position that allows the society to build trust in a civil society that is removed from the emotions of politics, yet engaged in the ideals of democracy that leads to well understood social contract.
Q: Any other additional analysis you would like to share?
The elections in Kenya have shown just how perceptions vary between Africa and Europe.
In many of the European countries, the ruling by the Supreme Court has been treated with apprehension, fear and doom! They feel that Kenya is headed for another chaos and that the ruling should have at least balanced what they call "nascent democracy" and avoided a hard landing that this appears to be. Many of our colleagues that I have met and spoken to begin their conversation with: "So are you going to have war again?"
On the contrary there has been jubilation and excitement across all of Africa and most of Asia. Citizens as far as Liberia, Democratic Republic of Congo, Botswana and South Africa, and even India, have come out to rally behind Kenya. They see this as a renewed hope for a continent that has been defined by the West as unable to manage its democracy. For many of these citizens, this is a point of triumph and victory-on our terms as Africa. And the fact that it embarrassed the international community who had all but endorsed the elections, has given many Africans even more pride.
Both sides may be right, and democracy is always muddy. But we need to be careful that we do not push a sliding car down the valley simply because that is what we have been conditioned to think and believe about Africa. It’s much harder to get people out of negativity than it is to encourage them on the positive progress they are making.
Africa needs more messages of hope, not doom and constant suspicion. The negative descriptions we give to the continent — fragile, conflict-affected, war-torn, corrupt — appear to be what is keeping the citizens disillusioned.
One act of hope and the entire continent lights up!
- Civic space in Kenya is rated as‘Obstructed’ by the CIVICUS Monitor.
- Follow Paul Okumi on Twitter @paulokumu3. Read two other analytical articles he wrote on the ruling of the Supreme Courthere andhere.
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Madagascar: Drop all charges against environmental rights defender Jeannot Randriamanana
Ahead of the next appeals hearing in the case involving Malagasy environmental human rights defender Jeannot Randriamanana scheduled for 14 June 2022, the global civil society alliance CIVICUS calls on the authorities to drop all charges against him and stop persecuting human rights defenders.
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MOZAMBIQUE: ‘The next president must listen to a younger generation that’s increasingly vocal about its democratic aspirations’
CIVICUS discusses post-election violence in Mozambique with Zenaida Machado, senior researcher and human rights defender at Human Rights Watch.
Protests against alleged fraud in Mozambique’s 9 October election erupted when early results gave victory to the Mozambique Liberation Front (FRELIMO) party, in power since 1975. In response, opposition presidential candidate Venancio Mondlane called for nationwide protests. Mondlane also accused security forces of ambushing and killing his lawyer as he prepared to challenge the results. The European Union (EU) Election Observation Mission reported numerous irregularities that favoured FRELIMO, including ballot stuffing and inflated voter numbers. Police used teargas and live ammunition to disperse protesters in the capital, Maputo.
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Report of Special Rapporteur on Eritrea shows a deepening human rights crisis
Statement at the 50th Session of the UN Human Rights Council
Interactive Dialogue with the UN Special Rapporteur on the Situation of Human Rights in Eritrea
Delivered by Helen Kidan, Eritrean Movement for Democracy and Human Rights
CIVICUS and the Eritrean Movement for Democracy and Human Rights welcome the work of the Special Rapporteur and his latest report.
Despite its re-election for a second term as a Member of the Human Rights Council, the situation of human rights in Eritrea remains of the utmost concern.
The civic space is closed, with no free and independent press, and at least 16 journalists have remained in detention without trial for about two decades. There is a culture of impunity for the perpetrators of human rights violations and abuses, including arbitrary and incommunicado detention; inhumane and degrading treatment of Eritreans through torture, forced labour and sexual violence; religious and ethnic minority oppression; denials of the rights of free expression and peaceful assembly, and escalating conscription of youth in the national army compounded by increasing militarisation of the country. The Special Rapporteur identified benchmarks for human rights progress in 2019 to address these concerns, but the government has so far refused to engage on their basis.
Eritrea’s continued lack of cooperation with Council mechanisms as well as other UN agencies undermine the implementation of their activities and programmes. We urge the UN Human Rights Council to renew the mandate of the Special Rapporteur through a resolution which reflects the gravity of the situation and enshrines the benchmarks for progress.
We further call on the government of Eritrea to fully cooperate and allow access to UN Human Rights Council mechanisms.
We thank you.
Civic space in Eritrea is rated as "Closed" by the CIVICUS Monitor.
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SOMALIA: ‘Civil society is playing key roles in the ongoing constitutional process’
CIVICUS speaks with Mahad Wasuge, executive director of Somali Public Agenda (SPA), about recent constitutional change and its implications for Somali civil society.SPA is a non-governmental, non-partisan think tank based in Mogadishu, Somalia’s capital. It focuses on producing independent, high-quality research and analysis on public policy issues in Somalia. Its work encompasses governance, security, economic development, social issues and public service delivery. SPA aims to inform policy decisions and improve the quality of governance and public services through evidence-based research.
What’s the state of civic space, democratic institutions and the rule of law in Somalia?
Civic space in Somalia is not particularly strong. It falls short of standards due to the country’s fragility and the state of its public institutions. Weak public institutions mean civic freedoms are not enforced as they should be. While several civil society organisations (CSOs) focus on governance issues and support dialogue, there are many that are closely aligned with the government and therefore lack a critical approach.
Some CSOs, including SPA, conduct independent analysis and facilitate dialogue between politicians and civil society actors. In Mogadishu and other parts of the country, freedom of speech is generally respected. People can express their views without fear of government retaliation. There are various radio and TV stations in Mogadishu covering national stories.
But the overall quality of civic space is lacking. Institutions that should uphold freedoms face numerous challenges, including lack of funding and limited independence due to political interference.
How have recent constitutional changes impacted on this situation?
The constitutional amendments haven’t had a significant impact yet, as they were only approved on 30 March. Parliament went into two months of recess after approving them, and civil society has so far had little time to work on the amendments made and the related challenges, including around implementation.
The main change is that the president will now be elected by popular vote and will appoint a prime minister, who the president will be able to remove at their discretion. Previously, the president was elected by parliament and the prime minister was approved by parliament after being appointed by the president, and could only be removed through a parliamentary no-confidence motion. The change shifts the system of government from semi-parliamentary to semi-presidential. Some argue that it represents a disruption of the existing power-sharing system, which has been a source of political stability.
The change hasn’t been fully supported by key opposition groups. It has also caused friction with the semi-autonomous state of Puntland. Lack of broad acceptance among key stakeholders will create challenges to implementation. The federal government’s limited authority and Puntland’s effective control over its jurisdiction pose specific implementation challenges. There’s a chance that the constitutional amendments and the current stalemate could lead to political crisis and worsen centre-periphery relations.
How did civil society engage with the constitutional amendment process?
Civil society engaged in several ways. For instance, we organised dialogues and invited the chair of the Independent Constitutional Review and Implementation Commission to a forum so he could explain the process. We invited policymakers involved in the amendment process onto our podcasts and authored papers on the topic. We also participated in a two-day conference organised by the government to gather civil society views on the amendments.
Other CSOs held dialogues. Women’s groups advocated for a 30 per cent parliamentary quota for women, while journalists’ associations focused on freedom of speech and expression.
Many CSOs and activists tried to influence and contribute to the process. The constitution has 15 chapters, with only four amended so far, leaving 11 chapters untouched. These include critical issues such as the devolution of power, the roles of the president, prime minister and cabinet, the judiciary, financial governance and independent commissions. Civil society should play a role in influencing and contributing to these discussions as well.
For the first four chapters of the constitution that were amended and approved recently, changes were made following parliamentary debates and societal input. For instance, it was established that the requested gender quota will be addressed by special legislation. The minimum age for membership in the election management body was reduced from 40 to 35 years, making it more inclusive. It can be challenging to attribute specific changes made to civil society, as similar views may have been expressed in parliamentary debate. However, it's clear that civil society’s advocacy played a key role in shaping the final version of the amendments.
What are the potential consequences of Puntland’s rejection of the constitutional changes?
Puntland’s rejection of the constitutional changes would mean limited legitimacy due to lack of representation from key regions, as is already the case with the breakaway region of Somaliland.
This is why the role of civil society in the upcoming period will be crucial. We have discussed the situation internally at SPA, thinking of how to create a space for dialogue between the federal government and Puntland. We’re trying to facilitate discussions on critical political issues, although we are a non-political CSO and can only create a space for dialogue when stakeholders are willing to sit together and discuss issues.
The present priority should be to engage with key stakeholders, hearing their perspectives and potentially making further amendments, particularly on contentious issues such as power-sharing and elections. Mediation is essential. International actors, notably the United Nations, have been working to bring the federal government and Puntland together for dialogue. Civil society also plays a role in bridging the gap and facilitating communication. A compromise could address key grievances and offer solutions to both parties.
If direct dialogue is not possible, civil society can still share written views and recommendations with the relevant authorities to suggest potential solutions for the rift between the federal government and Puntland. Other member states of Somalia may also oppose the federal government if they disagree with the constitutional amendments, although they have not yet clarified their position on these.
What international support does Somali civil society need to continue playing these roles?
The international community has supported Somali civil society over the years, but broader instability continues posing challenges to civil society. Many civil society actors who could be effective at the societal level have joined the government, partly because the government requires their expertise. Civil society also struggles with funding, a common problem for civic institutions worldwide, as they rely on domestic and international financial support rather than profits.
International actors can help by facilitating interactions among different civil society groups. They could promote dialogue and establish strong relationships between them, enabling these groups to collaborate and advocate collectively for common causes. This type of coordination is currently lacking in Somalia, as many organisations operate independently without joining forces. International organisations could play a key role in fostering these connections and promoting unity among civil society groups.
Civic space in Somalia is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Somali Public Agenda through itswebsite and follow@somalipubagenda and@MahadWasuge on X, formerly Twitter.
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Steady old hand of repression seeks to strangle new media in East Africa
By Teldah Mawarire and Grant Clark
In African countries where journalists are targeted with killings and beatings while traditional news outlets have been muzzled by governments and other actors unhappy with criticism, bloggers and social media users have become the new independent media by providing much-needed coverage, commentary and analysis.
Read on: Inter Press Service
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SUDAN: ‘We are back to the situation that preceded the revolution’
CIVICUS speaks about Sudan’s situation under military rule with Nazik Kabalo, a woman human rights defender (HRD) from Sudan. Nazik has worked in human rights advocacy, research and monitoring, with a focus on women’s rights, for the past 15 years.What happened to Sudan’s transition to democracy?
Sudan is now facing the consequences of the major problems of the deal made by the military and civilian leaders in August 2019. Following the revolution, this deal initiated a transitional government in Sudan, a partnership between civilians and the military council. But this partnership was never equal: the military and former regime forces – including paramilitaries, militias, tribal militias and the security apparatus – had more economic and political power. They had controlled the country for 30 years, after all.
On the other hand, for 30 years political parties and civil society had been under so much pressure that they only managed to stay together with the momentum of the revolution, to defeat the former regime. But the Sudanese democracy movement has too many internal divisions.
Ours is an unfinished political transition that is missing transitional justice and mechanisms to limit the power of military and other armed groups. All armed groups had been involved in very severe human rights violations and remained partners with civilians in the new government. To be honest, I think the military coup was bound to happen. The political deal achieved in 2019 gave the presidency to the military for almost one and a half years. The coup happened on 25 October 2021, only few weeks before the date the military was expected to hand over the Supreme Council presidency to civilian leaders. But we always knew civilians didn’t really have a chance to lead the country.
How has the situation evolved after the coup?
Following the coup, the amount of violence and human rights violations was quite overwhelming. Violence is to be expected from the Sudanese military; it has led civil wars for 50 years and killing people is basically all it knows.
Seven months after the coup, at least 102 people have been killed in peaceful protests, more than 4,000 have been injured, and over 5,000 have been detained. There have been attacks on the freedoms of association and expression. Journalists are being attacked: at least three female journalists have been prosecuted or arrested in the past couple of days. The military coup has completely destroyed the civic space and freedoms created after the revolution. Our military is learning from our neighbour, Egypt, to effectively crush the civic movement.
For the past seven months we have lived under a state of emergency that was only lifted three weeks ago. But the lifting of the state of emergency made no difference to military practices on the ground. The international community has put some pressure on the government and the military but has not been able to stop the violence and civic space and human rights violations.
An aspect to consider is that Sudan has three conflict areas: Blue Nile, Darfur and Nuba Mountains. As well as western and southern Sudan, there’s also inter-communal violence in eastern Sudan. The coup hasn’t been able to provide security, although this is always the main excuse for the military to take power. Violence in urban areas, including the capital, has increased, especially for women. Members of the security forces, including the Central Reserve Police (CRP), have perpetrated gang rapes and sexual assaults against women; for this reason, the CRP has been recently sanctioned by the USA. A peace agreement was signed in October 2020 with several armed groups but hasn’t been effectively implemented.
Sudan’s economy has been in a freefall since the coup. We expected to have our debt cancelled by this year, but because of the coup, the Paris Club, the International Monetary Fund (IMF) and the World Bank decided not to move forward. Instead, the IMF, the World Bank and international donors have frozen over two billion dollars in economic aid, which is directly affecting the general humanitarian situation. Recent reports from the United Nations Office for the Coordination of Humanitarian Affairs estimate at least half of Sudanese people will need humanitarian aid this year.
Another impact of the coup was the internet shutdown. For at least seven weeks, HRDs lived under a complete communications shutdown. This has now been partially lifted, but internet and phone communications continue to be cut off on every day of protest – which means it has happened every single day for several weeks. Internet access is under very harsh surveillance, so no Sudanese activist feels safe to use the phone for work. Sudan has one of the worst cybercrime laws in the world: you can be prosecuted, tried and sentenced to five years in jail just for posting something on Facebook. A couple of months ago, a female HRD who reported the sexual violence that took place during protests was sent to jail, accused of posting ‘fake news’. She may be punished with up to 20 years in prison. The military have used this law to threaten activists both inside and outside Sudan.
We are back to the situation that preceded the revolution. We feel that the old regime is back; in fact, the military has started appointing people from the former regime everywhere, from national television to the Humanitarian Commission, which is responsible for managing the work of civil society organisations (CSOs) inside Sudan. So CSOs are back to needing to request authorisation to hold meetings at venues outside our offices and are under constant surveillance. Activists, journalists and lawyers are being silenced because power went back to the military.
What are protesters’ demands?
Following the revolution, the deal reached between the military and civilians never satisfied the protest movement, which includes a high proportion of young people and women. They have never stopped protesting, not even during the transitional period, from August 2019 to October 2021. There have been at least 20 killings of HRDs since the transition began, but this hasn’t stopped them. So when the coup happened, people were instantly in the streets, even before an official announcement of the coup was made.
Since 2018, protesters have demanded real democracy and civilian rule. We have had military governments 90 per cent of the time since we became independent: 59 years out of 64. After the regime fell on 11 April 2019, people started a sit-in in front of the military’s headquarters. This continued for two months and ended with the Khartoum Massacre on 3 June 2019, with attacks perpetrated by militias and security forces. Two hundred people were killed and at least 60 women were gang-raped. In August a deal was reached with the military, despite the massacre that literally happened outside their headquarters! This was a stab in the heart for many democracy groups.
Right now, the protest movement wants to make sure civilians are the ones ruling the country. Military leaders should go back to guarding the borders and shouldn’t have anything to do with running the government anymore. The 2019 deal didn’t work, which means our only option is demanding radical change that puts power in people’s hands. Resistance committees have a slogan of ‘three nos’: no partnership, no negotiation or compromise, and no legitimacy. A process of dialogue and negotiations led by some political parties is currently taking place, but resistance committees refuse to engage. Unfortunately, this has not been welcomed by some international actors, but it comes as a direct result of recent Sudanese experience.
Who are the people on the streets?
Protesters have built an amazing grassroots movement; resistance committees have formed in every neighbourhood, even every block. Those who participate in them are ordinary people who have nothing to lose, so unlike the civilian elites, they are willing to continue the struggle until the end. They organise street protests every single day and are creating new ways of protesting, such as strikes, stand-ups, music, movies and poems. They use every tool available, including recreating Sudanese traditions and bringing our cultural heritage to the streets.
Women and feminist movements are doing an amazing job, breaking so many norms. During the revolution, many young women were on the frontlines. The Angry, a protest group that stays on the frontlines of every protest, protecting other people and leading clashes with the police, includes lots of young women.
Women are also working to provide medical care and trauma support. After 50 years of civil war, you will definitely be a traumatised country, but this has intensified following the past five years of revolt. Before, one was able to distinguish between people from war zones and people from cities. Right now, the whole country is a war zone. There are machine guns everywhere, firing bullets into neighbourhoods, and children are dying inside their own homes because bullets go through their roofs.
Diaspora activism has also been key. Activists from the diaspora have been super effective in spreading the word, and during the internet shutdown they were online 24/7 to get information out to the world, not only sharing it on social media but also connecting people inside Sudan, who could receive international calls but not domestic ones.
What kind of work are pro-democracy groups doing?
The pro-democracy camp is very diverse. There are longstanding CSOs that have always promoted and advocated for human rights and continue to document violations, advocate, engage and build capacity inside the democracy movements. There are also new grassroots groups, the resistance committees, thar right now are the key movement leaders: other CSOs will follow their lead since they express the majority view. Professional organisations and trade unions are also a major group; they are key in organising mobilisations in urban areas. Doctors, lawyers, engineers and similar roles play an important role in putting pressure through strikes and civil disobedience.
Unfortunately, for the time being there’s not a single unified network or body that can represent the democracy movement in Sudan. This is the movement’s main weakness. Resistance committees are trying to produce a unified political declaration and how to unify this movement while including all of Sudan, even conflict areas, is being discussed.
What international support do Sudanese HRDs need?
Our country must not be forgotten. The international community must take action and support the democracy movement’s demands for fundamental change. International human rights bodies must put make Sudan a priority. Sudanese civil society is fighting to get Sudan on top of their agenda, especially since the war started in Ukraine and most attention is going that way.
Neglecting building democracy in Sudan and leaving power in the hands of the military would be a big mistake. What’s going on here isn’t disconnected from what’s going on in Ukraine. Reports indicate the involvement of the Sudanese military and militias in smuggling gold that supports the Russian economy during this conflict. Moreover, many reports have exposed the strong relations of Sudanese Rapid Support Forces (RSF) leaders with Russian leadership; they were in Russia the week the war started to ensure the flow of gold. RSF militias have relations with other African countries like Chad and the Central Africa Republic, which are sources of blood gold and blood diamonds entering Russia through Sudan.
Sanctions would be an important tool. A couple of days ago, the International Bar Association called on the UK to apply Magnitsky sanctions in Sudan. International CSOs should move ahead with similar actions.
It’s understandably hard for the international community to deal with the people in the absence of an actual government or elite they could deal with. But young university students are the democracy movement’s leaders, and they represent us. Protests have continued for eight months now and will probably continue for many more, and activists need a lot of help.
Because of persecution and violence, many CSOs and local groups have had to move their operations outside Sudan, and activists have had to relocate. Those working inside Sudan are having a very low-profile and using all the digital and physical security strategies available. Access to funding has also been increasingly challenging. The military wants to find out where funding for the democracy movement is coming from and has therefore increased surveillance, which makes it very risky to receive funds inside Sudan. Organisations working at grassroots levels and in conflict areas are suffering the most.
Civic space in Sudan is rated ‘repressed’ by theCIVICUS Monitor.
Follow@nazik_kabalo on Twitter. -
TANZANIA: ‘The government is trying to silence those who are against the pipeline’
CIVICUS speaks about the East African Crude Oil Pipeline (EACOP) project and its potential impacts on the climate and on the health and livelihoods of local communities with Tanzanian climate justice activist Baraka Lenga.Baraka is a young climate scientist and sustainability consultant, currently volunteering with Fridays for Future to raise awareness of climate change and pressuring businesses and government leaders to act urgently to address the climate crisis.
What is EACOP, and what is wrong with it?
EACOP is a massive crude oil pipeline that will involve the transportation of crude oil from Hoima in Uganda to a Tanzanian port located in Chongoleani village, in Tanga region. It will cover 1,445 kilometres in Uganda and Tanzania, but 80 per cent of the land it will go through is in Tanzania.
Local communities depend on land as the crucial resource to support their livelihoods, which consist mostly of farming and livestock keeping, so if their land is taken or ruined by the pipeline, they will be seriously affected. The project is therefore going to affect the development of many communities and impact negatively on any effort to create a sustainable and liveable local environment.
But EACOP will not only affect people; it will also pose a threat to the animals that depend on the land that will be taken up by this project.
Further, it has been estimated that once operational the project will emit 34 million tonnes of carbon dioxide per year. This means it will amplify climate change and local communities will become poorer, more vulnerable and less resilient.
How has civil society organised to resist this project?
Very unfortunately, in my country, Tanzania, most civil society organisations (CSOs) are not organising against EACOP. One contributing factor may be the limited understanding of the pipeline project in Tanzania. Little information has been shared about the project and the consequences it will have on communities, contributing to Tanzanian civil society’s limited response.
I have been working in my capacity as a freelance activist to raise awareness about the pipeline’s consequences and explaining why it needs to be stopped. I find it crucial for local communities to know and understand the extent to which EACOP could damage their environment and impact on their lives. Fortunately, I have been receiving support from colleagues from various parts of Africa who are using their resources to amplify our voices against EACOP.
How has the government reacted so far?
As most activists and CSOs have noticed, the government is trying to silence those who are against the pipeline. Some of us have raised our concerns since the very beginning of the project but our questions have not been addressed and the project has continued regardless.
But we have continued campaigning because we cannot overlook the damage this project will have on local communities; it comes with a lot of investment that is allegedly meant to develop East African nations but in reality is going to bring more harm to innocent lives.
What kind of support does the anti-pipeline movement need from international civil society and the wider international community?
We would like environmental activists and CSOs from across the globe to join us in raising awareness about EACOP and pressuring the governments involved to put an end to this project. We want people to understand that the companies leading the project, China National Offshore Oil Corporation and TotalEnergies – along with the governments of Tanzania and Uganda, which have brought in both countries’ national oil companies into the project – are endangering wildlife, tipping the world closer to a climate crisis and affecting the livelihoods of our people.
We have seen various multinational cooperation funds pull out of the project in compliance with their obligation to protect the environment and we hope more will do the same. Hopefully, a lack of funding will ultimately force the governments of Tanzania and Uganda to stop EACOP.
Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.
Follow@lenga2020 on Twitter. -
TANZANIA: ‘The human rights of the Maasai people are violated through involuntary assimilation and relocation’
CIVICUS speaks about the unlawful eviction of Maasai people from their ancestral lands with Joseph Moses Oleshangay, a Tanzanian human rights lawyer and activist for democracy and Indigenous peoples’ land rights. Joseph is currently working with the Legal and Human Rights Centre to raise awareness of human rights violations and promote good governance in Tanzania.Why are Maasai people being evicted from their land in Tanzania?
The Maasai eviction is largely caused by the government’s lust for money. The tourism and hunting business promises to bring a lot of capital, and unfortunately, that can only happen if the Maasai are removed from their native land. The government is currently planning to evict Maasai people living in Loliondo and Ngorongoro to establish a game-controlled area in Loliondo and potentially change the status of a conservation area in Ngorongoro to a game reserve.
The government has proposed to establish game reserves in every single district ancestrally occupied by Maasai communities. The way this project is being carried out is unethical and threatens many lives and the cultural survival of the Maasai.
Sadly, to gain public support and trust the government has created a narrative that this is a nature conservation project. But it has been scientifically proved that Maasai pastoralism is compatible with environmental and wildlife conservation. While the government generally accuses the Maasai as threatening tourism in Ngorongoro, 70 per cent of tourists in Tanzania in 2019 visited Ngorongoro, with the remaining 22 national parks and game reserves attracting only 30 per cent of the tourist inflow. Ngorongoro also contributes 52 per cent of the earnings from tourism. It is the only conservation area in Tanzania where humans – Maasai – are legally allowed to coexist with wildlife. As well as being by far the best tourism destination in Tanzania, it has the highest wildlife population density in the world. This shows that the government’s claim that the Maasai are threatening wildlife conservation and tourism is a completely false narrative.
In Ngorongoro over 80,000 people are facing the threat of eviction, which the government justifies by claiming the population has exceeded the carrying capacity of the land. But according to the latest census, Ngorongoro has a human population density of 10 people per square kilometre, compared to a national average of 60.
The tourism industrial complex is pushing the government to forcefully evict Maasai people from their land because they think the Maasai don’t add value to the business and will disrupt the activities they want to undertake in Loliondo, Ngorongoro and the neighbouring Serengeti National Park. The authorities know that wildlife massacre, one of the key businesses planned, won’t be possible under the Maasai’s watch and their pastoralism livelihoods will not fit the overall hunting and hotel aesthetic they are trying to create.
The government has an obligation to take care of the environment and ensure the safety of all who live in it. If Maasai people are allowed to stay in the newly created game reserves, they will witness wildlife massacre and will inevitably suffer harm. The government cannot risk this being exposed.
So without consulting with the Maasai community, the government has started its eviction plan in a manner that will force their integration with the majority community in the coastal region. To facilitate relocation, on 31 March the government withdrew all funds previously allocated to health, education and other key services. In 2021 the government threatened to demolish nine government primary schools and six health centres. In April 2022 the government’s chief spokesperson recognised that life-saving services were prolonging the Maasai presence in the Ngorongoro so there was a need to dismantle them.
What human rights violations have been reported?
Many human rights violations have been reported, and they are reaching a level we had not seen since our independence. They are more brutal than what our people experienced in the colonial era. Never before has our country witnessed a campaign targeting a specific community as we are now seeing in Ngorongoro. The Maasai are being portrayed as primitive people whose ancestral land is elsewhere, and the president has said they are new arrivals in Tanzania, so in case of a forceful relocation, the authorities can claim the Maasai have no attachment to Ngorongoro.
In early June, the authorities installed beacons in the place destined to become a game-controlled area, against Tanzanian law and in violation of an order issued by the East Africa Court of Justice in 2018. In 2017 a Maasai representative filed a complaint at the Tanzanian Human Rights and Good Governance Commission against the planned eviction and submitted a case to the East Africa Court of Justice seeking intervention against violent operations that ended with at least 349 Maasai homesteads being set ablaze.
Despite the temporary orders issued by the Court directing the government to halt relocation pending a final decision on the case, on 17 June 2022, just five days before the date set for delivery of a judgment, the government declared the contested land as a game-controlled area. Surprisingly, four days later the Court issued a notice that the decision would be delayed until September, giving the government leeway in executing atrocities in Loliondo.
The demarcated area includes not only village land, which is forbidden by the law, but also people’s homesteads. The police have used teargas and guns, wounding 31 Maasai people. Before beacons were installed, all elected political leaders were arrested and detained incommunicado for seven days before being arraigned in court on murder charges – for a murder that happened one day after they were arrested.
There are currently 27 Maasai people charged with murder and over 80 detained under the accusation of being unlawful immigrants. Some have been subjected to torture. Over 2,000 people have reportedly crossed the border with Kenya for security reasons.
Since June, Maasai livestock have been killed or impounded by security forces and a large-scale operation is ongoing to silence anyone who speak against the situation in Ngorongoro and Loliondo.
How will this eviction affect Maasai people?
To understand how Maasai people will be impacted upon, one needs to understand who the Maasai are. They are a semi-nomadic pastoral people who move from one place to another in search of their livelihood. They have lived alongside wildlife for centuries and know how to preserve their environment. They have established their cultural practices and spiritual sites that define them as a distinct society.
Relocation will disturb their culture. There is a place called Oldoinyo Lenkai (‘Mountain of God’) where the Maasai believe their god lives and usually conduct sacrifices during times of scarcity and crisis. If this land becomes a conservation area with restricted access their right to spirituality will be taken away. Ultimately, relocation has a strong chance of leading to their extinction as a people.
One of the government’s justifications of the relocation process is what they call the need for forced civilisation of the Maasai people, who would have a better life if they coexisted with people from different backgrounds. But this will force them to adopt a culture that is not their own. Involuntary assimilation and relocation are the greatest human rights violations and generally fall under the accepted meaning of genocide under the Rome Statute that established the International Criminal Court.
How are civil society activists and organisations fighting back?
We are fighting this in many ways. We are challenging the government by debunking its narrative. The government is spreading propaganda to get public support, so what we do is inform people about the dangers of these evictions and that they are founded on false narratives. We also use our various platforms to highlight that the Maasai add value to both nature conservation and tourism, providing accurate information to counter false claims.
We also have filed a court case against eviction. The law is one of the strongest tools we are using in fighting injustice in this battle. We can use the law to hold the government accountable and demand it halts the planned eviction. We are trying to make sure that the truth about what is happening is known not only internally but also by the international community.
We have been fortunate enough to have regional and international organisations such as the African Commission on Human and Peoples’ Rights and United Nations human rights experts publicly condemn the actions of the Tanzanian government and urge it to stop unlawful evictions.
But we have faced challenges, including the lack of functional legal processes in Tanzania. The 2018 court order requiring a halt to the operations have not been respected. Our government thinks it is above the law and this is affecting our progress in fighting the eviction. As activists our lives are in danger. The government threatens us and many activists had fled the country for safety.
What kind of assistance do you need from international civil society?
We need international organisations and activists to help us expose what is happening in Tanzania, because if this is known about internationally the government might be pressured to do better. International allies should use their platforms to highlight the gruesome violations of rights experienced by the Maasai people and keep people informed about our activities.
Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.
Follow@Oleshangay on Twitter.
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TANZANIA: ‘The new administration is committed to ending discriminatory policies that undermine girls’ rights’
CIVICUS speaks with Prudence Mutiso, Legal Adviser at the Center for Reproductive Rights-Africa about the Tanzanian government’s policy on pregnant and married girls in schools.Founded in 1992, the Center for Reproductive Rights is a global human rights organisation of lawyers and advocates seeking to ensure the protection of reproductive rights as basic human rights fundamental to the dignity, equality, health and wellbeing of every person.
The Center works across five continents and has played a critical role in securing legal victories on reproductive rights issues, including access to life-saving obstetrics care, contraception, maternal health and safe abortion services, as well as the prevention of forced sterilisation and child marriage, in national courts, United Nations’ committees and regional human rights bodies.
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TANZANIA: ‘What is needed is a new constitution reflecting the will of the people’
CIVICUS speaks about the prospects for democratic change under a new president in Tanzania with Maria Sarungi Tsehai, a communications expert and founder of Change Tanzania. Change Tanzania is a social movement that began on social media as an informal group of people focused on bringing positive, sustainable change to Tanzania.

What is the current state of civic space – the freedoms of association, peaceful assembly, and expression – in Tanzania?
Civic space continues to be restricted, as the legal framework has not changed. Amendments have been proposed to the 2020 Electronic and Postal Communications (Online Content) Regulations, which have led to the severe restriction of online freedom of expression and digital media freedoms. However, these amendments are limited good news, as critical issues such as the criminalisation of what is perceived as ‘fake news’ or misinformation remain and the authorities have retained ultimate arbitrary power to take action and have so-called ‘prohibited content’ removed within two hours. The list of prohibited content, which is open to interpretation and has been used to restrict media freedom and the freedom of expression in the past, remains.
Regarding the freedom of peaceful assembly, restrictions have become harsher, to the extent that internal political party meetings are now banned and have been disrupted by riot-geared police, as witnessed recently in the case of a number of meetings and convenings held by the main opposition party, the Party for Democracy and Progress – better known as CHADEMA for its acronym in Swahili – as well as in the case of the National Convention for Construction and Reform, another opposition party, whose internal council meeting was broken up by the police on 28 August 2021.
Those who continued to gather in defiance have been illegally detained and kept incommunicado. In some cases, this has involved dozens of people, while recently in Mwanza, in northern Tanzania, it has affected close to 100 CHADEMA supporters. The chairman of CHADEMA, Freeman Mbowe, was recently abducted by masked security forces and held incommunicado for days before being charged with terrorism – all because he defied police calls and flew to Mwanza to be part of a symposium on constitutional reforms.
President Samia Suluhu Hassan has accused citizens leading movements for constitutional reform of fostering foreign interests and seeking to destabilise the country for personal gain, therefore designating their actions as ‘sedition’.
When CHADEMA supporters assembled outside the court building the day Freeman Mbowe was due to appear in court, they received rough treatment from the police and were picked off the streets and detained just for standing silently with banners and wearing opposition t-shirts. Many women have been detained in such a way and denied their basic rights to food, water and sanitary pads while in illegal detention. One female CHADEMA leader, Neema Mwakipesile, was detained for over 14 days, and was initially denied any access to a lawyer or contact with family members.
The government has also frequently instrumentalised the COVID-19 pandemic to limit political gatherings. Specifically, any gathering deemed to be critical of the government is restricted using COVID-19 regulations, while mass gathering in stadiums for sports and entertainment are still allowed.
As for restrictions on the freedom of expression, harsh reprisals against those speaking up have not been limited to opposition members and critics but have recently started to target dissenting voices within the ruling Party of the Revolution (Chama Cha Mapinduzi, CCM). On 31 August 2021, a CCM member of parliament, Jerry Silaa Ukonga, was suspended because during a meeting with his constituents he said that parliamentarians should pay income taxes. His suspension will deter other lawmakers from speaking up any matter that may be deemed critical of the government, as the parliamentary leadership is an extension of the executive rather than an independent pillar of government.
Has the new government under President Suluhu – who came to power following the death of President John Magufuli – taken any steps to improve the conditions for civil society and the expression of dissent?
First of all, calling it a ‘new government’ is a misnomer, because it is basically the same government, in which the former vice president became president and a little cabinet reshuffle took place, but most key positions were retained by the same group of people. There was some hope around the new minister responsible for foreign affairs, but for civil society not much has changed, as the mechanisms for the oversight of civil society organisations (CSOs) and the legal framework have remained in place.
In fact, a by-law has been recently introduced whereby CSOs are not allowed to give out joint statements without previously developing a memorandum of understanding that needs to be submitted and registered with the NGO Registrar. So it’s the same laws and the same people who continue to be a threat to any open dissent. This continuity is visible in the government’s response to Tanzania’s Universal Periodic Review examination at the United Nations Human Rights Council, which hardly seems to have addressed any area of concern.
The only visible difference under the new president has been the government’s admission of the existence of the COVID-19 pandemic. The new president has introduced and encouraged COVID-19 preventative measures and Tanzania officially joined the COVAX initiative, as a result of which it has received vaccines.
However, there has been no change regarding the key people overseeing health policies, and as a result trust in the government is low. The mixed messaging has led to apathy and disbelief; therefore, vaccine uptake is slow and even precautions are not enforced genuinely and systematically. Additionally, COVID-19 data has not been released in a regular and systematic manner. The government randomly releases ad hoc and aggregate numbers that are impossible to assess. There are evidently a lot of COVID-19-related deaths that go undocumented.
Do you think the fact that the country has its first female president will make a difference for women’s rights?
So far, nothing has changed. In fact, President Suluhu has fronted herself as a patriarchy enabler, both in rhetoric and appointments. She has adopted approaches similar to those used by previous governments to target opposition and dissent. She has even refused to lift a ban on pregnant schoolgirls from re-entering formal education after delivery.
For real change to happen, a shift in fundamental structures needs to take place, starting with constitutional and legal reforms to enable political competition and allow access for more female decision-makers who are not dependent on patronage by the male-dominated leadership of the CCM. But President Suluhu is ignoring calls for constitutional reform.
What would the government need to do so that Tanzania becomes more open and democratic?
Unfortunately, the government led by the CCM, which is in power as a result of an openly rigged election that was accompanied by one of the most violent post-election repression episodes, is not capable of driving any democratic reform. What is needed is a new constitution reflecting the will of the people. A good place to start would be the ‘Warioba draft’ – named after the chairperson of the Constitutional Review Commission, retired judge Joseph Warioba - that was published in 2013 and ditched at the last minute by CCM in October 2014, during its failed attempt to pass a new constitution through a constituent assembly.
The process has to be revived and it has to be multi-party and involve the citizenry more broadly. But President Suluhu seems unwilling to do this, and in some cases, as in that of Freeman Mbowe, she has shown outright hostility towards the opposition. If its only goal is to cling to power, the government will not work on any real reforms. The sooner this becomes clear to everyone, the better.
Besides writing a new constitution, the government would also need to improve accountability, especially by following up on the Controller and Auditor General’s (CAG) Annual Report. The first thing that President Suluhu did when she was sworn in was to ask the CAG to submit its report and promised that measures would be taken against those civil servants who were involved in wrongdoing. She also ordered a CAG special audit of the Central Bank for the first quarter of 2021. But the report was never published, and only a press statement was released which said that everything was in order. Regarding accountability and transparency, rejoining the Open Government Partnership would be a good starting point. The government should also introduce police and prison reforms and make new appointments for positions including judges, the Inspector General of Police, the Attorney General, the Chief Justice, and other positions to improve justice and social services.
How can global civil society support civil society in Tanzania?
The main focus should be on high-level, intense pressure on the government of Tanzania to engage with the opposition and credible civil society representatives and citizen groups in ushering in constitutional reforms so that by 2025 we will have laid down the foundations for free and fair elections. Otherwise, the next elections may put Tanzania on a very dangerous path in many regards.
Global civil society needs to make sure that Tanzania is held accountable and that in all discussions fundamental structural and legal framework reforms are emphasised. It should make sure not to succumb to nice promising rhetoric and superficial cosmetic changes because allowing the government to get away with such flimsy actions will have very grave consequences.
Those funding projects in Tanzania need to consider funding social movements and more loose coalitions of citizens and groups rather than small circles of civil society actors that embrace a top-down approach. This will have significant impacts on building a society conducive to the greater good and serving the wider population.
Civic space inTanzaniais rated as ‘repressed’by theCIVICUS Monitor.
Get in touch with Change Tanzania through itsFacebook page and follow@ChangeTanzania and@MariaSTsehai on Twitter. -
Tanzania: Reversal of Ban on Four Newspapers a step in the right direction
Global civil society alliance CIVICUS welcomes the decision of Tanzanian President Samia Suluhu Hassan to lift the ban on four newspapers – Mwanahalisi, Mawio, Mseto, and Tanzania Daima – that was imposed by the late President John Magufuli between 2016 and 2020.
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Tanzania: worrying signs for freedom of expression and association
The attempted assassination of outspoken government critic Tundu Lissu on 7 September 2017 is the latest in a series of efforts aimed at constraining freedom of expression and association in Tanzania. Tundu, a member of the political opposition and head of the Tanganyika Law Society was attacked by unidentified assailants near his home in Dodoma and is now recovering in a hospital in neighbouring Kenya. He has been arrested six times this year for openly criticising the government of President John Pombe Magufuli.
Global civil society alliance, CIVICUS condemns this violent attack on Tundu, which follows his string of arrests for his dissenting views as well as steps taken by the Tanzanian government over the past few months, to curtail fundamental human rights and stifle activists and civil society organisations that express views critical of government actions.
At the moment, new applications for the registration of NGOs have been suspended until 30 November 2017 as NGOs currently registered undergo a mandatory “verification process.” The vetting of NGOs began on 21 August 2017 after the Ministry of Health, Community Development, Gender, Elderly and Children published a notice stating that the Registrar of NGOs will examine all NGOs in order to correct and update the database for NGOs.
CIVICUS is concerned by the manner in which the verification process is being carried out as local NGOs were not involved or consulted in the planning of the process. Furthermore, the sheer amount of documentation required of NGOs including the presentation of proof of payment annual fees and receipts since registration is cumbersome and presents an added administrative burden.
Several NGOs may be deregistered if they fail to provide all the information required by the authorities. In addition, the requirement for a letter of recommendation from a Community Development Officer is also problematic, especially for NGOs working on rights and governance and who may have been critical of the human rights practices by the government in the past.
Said Teldah Mawarire, CIVICUS’s Advocacy and Campaigns Coordinator: “This verification process is extremely unfair and raises many questions because any NGO that had not been previously registered cannot go through the vetting exercise and will be outlawed even before the process begins. There is no grace period whatsoever availed by the state to those who have been unable to register in the past.”
The government has also set out five zones where NGOs must travel to for verification. This presents difficulties for NGOs who operate in remote areas and may not be able to afford to pay for this travel and the gathering of documents.
CIVICUS calls on the government of President John Pombe Magufuli to respect the freedoms of association and expression in line with the Tanzanian Constitution and its international human rights obligations.
In July 2017 CIVICUS placed Tanzania on a watch list of countries in which there are growing and worrying threats to civic space. CIVICUS remains concerned over growing restrictions on freedom of expression and association.
Civic space in Tanzania is rated as obstructed on the CIVICUS Monitor.
ENDS
For more information contact:
Teldah Mawarire
Advocacy and Campaigns Coordinator, CIVICUS
Tel: 0027 11 833 5959 -
The human rights situation continues to worsen amid increasing hostility against civil society
Statement at the 50th Session of the UN Human Rights Council
Interactive Dialogue with International Commission of Human Rights Experts on Ethiopia
Delivered by Sibahle Zuma
Thank you Mr. President, and thank you to the Commission of Experts for this initial briefing.
Your mandate is critical: as the conflict continues in Tigray and Amhara regions, the human rights situation continues to worsen. Restrictions to civic space have increased; the Ethiopian government has become more hostile to civil society including humanitarian organisations, and human rights defenders have been the targets of torture and intimidation. The arrest of journalists Sabontu Ahmed, Bekalu Alamirew and Meaza Muhamed in May 2022 brought the total of journalists and media personnel detained since the beginning of the conflict to 19, and their whereabouts is unknown.
We are seriously alarmed by reports of crimes against humanity amidst a wide range of human rights violations, including mass killings, sexual violence, and military targeting of civilians. On 18 June more than 200 people, mostly from the Amhara ethnic community, were reportedly killed in an attack in the country's Oromia region. About 12 journalists were arrested and detained incommunicado. Two have been reported murdered.
Freedom of religion and belief is at further risk throughout the country: police used teargas to disperse Muslims during prayers marking the end of Ramadan in Addis Ababa.
It is imperative that the Ethiopian government protects civic space, and we call on the Ethiopian government to cease all forms of intimidation of human rights defenders, journalists and other media actors. We ask the Commission of Inquiry what States can do to protect civil society on the ground and to ensure their ability to operate safely.
We thank you.
Civic space in Ethiopia is rated as "Repressed" by the CIVICUS Monitor.
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UGANDA: ‘Closure of the UN office will result in the loss of a crucial player in the field of human rights’
CIVICUS speaks about the human rights situation and the closure of the United Nations (UN) office of the High Commissioner for Human Rights in Uganda with Dr Livingstone Sewanyana, founder and Executive Director of the Foundation for Human Rights Initiative (FHRI) andUN independent expert on the promotion of a democratic and equitable international order.Founded in 1991, FHRI is a human rights civil society organisation (CSO) working to advance democratic development and fundamental freedoms in Uganda.
What were the achievements of the UN human rights office in Uganda, and why is it closing?
The UN Office of the High Commissioner for Human Rights was established in Uganda during a period of conflict that particularly affected northern Uganda, with a head office in Kampala and regional offices based in north and northeastern Uganda. Its main objective was to promote reconciliation and peacebuilding, which was successfully achieved.
The UN office played a key role in creating awareness among communities about their rights and ways to defend them. It conducted extensive human rights monitoring to expose violations and contributed significantly to building the capacity of the Uganda Human Rights Commission (UHRC) – the national human rights institution – and various local CSOs through technical assistance and, at times, financial support for their programmes.
After the goal of rebuilding northern Uganda was achieved, the agreement was extended multiple times, with 2023 agreed as a potential cut-off. The Ugandan authorities cite the achievement of its goals as a reason not to prolong the UN office’s mandate. Civil society groups, however, think its closure will result in the loss of a crucial player in the field of human rights, given the critical role it played in terms of democratisation in Uganda, capacity development, technical assistance and human rights monitoring.
How do you assess the work of the UHRC?
The UHRC is entrusted with a broad mandate, encompassing both promotional and protective functions, along with a tribunal for handling human rights complaints. As the national human rights institution, it consistently submits annual reports to parliament.
While the UHRC’s promotional efforts are commendable, challenges arise in its protective role because this requires goodwill from the state. Insufficient resources and lack of political will, particularly on controversial issues, hinder its ability to function effectively.
The UHRC’s independence has always been questioned. Although the authorities may not interfere directly with its work, the lack of executive action on its recommendations undermines its potential and credibility. The UHRC needs more space to execute its mandate effectively.
How does FHRI defend and promote human rights?
For over 32 years, we’ve monitored, documented and reported human rights abuses. Our reports reach various stakeholders, including government, parliament, international bodies, the media and civil society. We also engage with young people through university programmes, fostering an understanding of rights and obligations. We actively assist victims of human rights violations through our legal aid programme, which handles over 1,000 cases every year, and provide mediation and administrative support services.
Our campaigns include a 30-year effort to abolish the death penalty. Although Uganda has retained it, the death penalty is now restricted to the most ‘serious crimes’, and opportunities for a prerogative of mercy have been established. If someone who’s been sentenced to death is not executed within three years, their sentence is automatically commuted to life imprisonment. We have consistently challenged the application of the death penalty in the Constitutional Court and the Supreme Court.
We also engage in legislative advocacy, analysing bills and voicing our position on their human rights implications, as seen in our response to the Anti-Homosexuality Act 2023, which unfortunately retained a provision for the death penalty. However, we succeeded in securing the removal of the mandatory death penalty provision by parliament.
We actively report to the UN Human Rights Council and the African Commission on Human and Peoples’ Rights. As a UN independent expert, I recently presented my sixth report to the Human Rights Council, sharing findings from my visit to the Republic of Georgia.
In sum, our work cuts across community, district, national and international divides. Taking a holistic approach, we conduct awareness raising, capacity development and advocacy campaigns and provide legal protection to victims of abuse through recourse to courts. We are affiliated with the World Coalition Against the Death Penalty and the International Federation of Human Rights Defenders.
What challenges do Ugandan human rights organisations face?
Civic space is getting more and more restricted and civil society is becoming more apprehensive. We have limited funding to carry out our work and regularly face legislative challenges, such as the restrictive Public Order and Management Act of 2013, which constrains assemblies and public meetings.
Civil society groups are confined to operating within the narrow framework of the law, and it’s difficult to expand the frontiers of your work. Recently, 54 CSOs have had to suspend their operations due to non-compliance with the NGO Act 2016.
To ensure the sustainability of our day-to-day operations we need expertise, and retaining experienced staff is difficult due to the potential lure of international organisations.
There’s a need to broaden civic space and ensure an enabling environment for everyone to exercise their rights. For this to happen, the state must implement recommendations from the Human Rights Council’s Universal Periodic Review process and UN treaty bodies.
What international support do you receive, and what support do you need?
CIVICUS has been instrumental in supporting our human rights monitoring and reporting work. We have submitted several joint reports to the UN Human Rights Council and UN Human Rights Committee.
We also require assistance in capacity development to promote better understanding of the human rights architecture. Most crucially, financial support is needed to empower human rights defenders to participate in forums and carry out their work effectively. In a society grappling with poverty and high unemployment, the demand for technical and financial assistance is high, and human rights organisations are often looked upon as potential providers.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with FHRI through itswebsite orFacebook page, and follow@FHRI2 and@LSewanyana onTwitter.
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UGANDA: ‘Hate speech against LGBTQI+ people comes from religious, traditional and political leaders’
CIVICUS speaks about the situation of LGBTQI+ rights in Uganda and the ongoing impacts of the British colonial legacy with Opio Sam Leticia, founder and Executive Director of Queer Youth Uganda (QYU).
QYU is a civil society organisation founded in 2006 that advocates for the rights of young LGBTQI+ people.

What is the current situation of LGBTQI+ people in Uganda?
The absence of laws that protect LGBTQI+ people makes for a delicate situation in Uganda. The LGBTQI+ community faces discrimination in many aspects. People are still being denied their right to housing in some places because of their sexual orientation and gender identity. They continue to suffer assaults, sexual violence and ‘corrective rape’ as a way of trying to change them into what those perpetrating abuses think is the African way of life, with the LGBTQI+ ‘lifestyle’ still viewed as an imposition of ‘western ideology’. We have had several cases of LGBTQI+ activists who have been evicted by their landlords as a result of their community advocacy work.
Discrimination in workplaces is still rampant: many people who openly identify as LGBTQI+ find it challenging to get employed. The unemployment rate in the LGBTQI+ community is high because there are not enough job opportunities. In addition, some LGBTQI+ people do not have the skills needed for the job market due to their higher school dropout rates. Parents play a significant role in this because when they discover their kids’ sexual orientation they often deny them access to education and even throw them out of their homes.
The breakout of the COVID-19 pandemic revealed the underlying issues that people in the LGBTQI+ community deal with. During the pandemic, several homeless shelters for LGBTQI+ people were raided by the police. As a result, many people were left homeless and others were jailed for three months, sometimes more than once.
Despite the work done to ensure access to health services as a need, there is still discrimination at public health centres meant to provide free healthcare for all people in Uganda. Discrimination in access denies LGBTQI+ people this basic right.
Does Ugandan legislation discriminate against LGBTQI+ people?
The Ugandan constitution stipulates equality for all people, but every single day there are cases of assault and rights violations of LGBTQI+ people.
The law is used as an instrument to oppress LGBTQI+ people instead of promoting their human rights. Same-sex marriage is illegal and same-sex relations are criminalised with harsh penalties, including life imprisonment under Penal Code Act 145. Despite the existence of mechanisms such as the Uganda Human Rights Commission and the Equal Opportunities Commission, it is clear that the rights of LGBTQI+ people continue to be systematically violated.
The government of Uganda continues to enforce the 1950 Penal Code, which prohibits same-sex relations and threatens to imprison LGBTQI+ activists. Parliament has continued to pass bills against sexual minorities, such as the recent Sexual Offences Bill 2021. The current legislation threatens our work environment and our very existence as an LGBTQI+ organisation in Uganda.
To what do you attribute the recent tightening of legislation criminalising LGBTQI+ people?
Uganda is a highly religious country where traditional cultural beliefs or norms take centre stage. LGBTQI+ people see their basic human rights violated because of deeply embedded cultural and religious beliefs. That is why political advocacy does not have an impact: politicians are quick to play the morality card to please their constituencies and sideline the issues raised by LGBTQI+ organisations.
The government should work to integrate the LGBTQI+ community into Ugandan society, not least because we can play a pivotal role in the country’s economic and social development. We can contribute by paying taxes and creating jobs, among other things.
But instead, the LGBTQI+ community faces hate speech coming from religious, traditional and political leaders who promote homophobia. Far from receiving mass support and recognition from the state and citizens, LGBTQI+ activists and organisations have faced increasing human rights abuses and attacks.
What work does your organisation do?
QYU is an LGBTQI+ youth-led community-based organisation that advocates for the rights of young LGBTQI+ people in rural and peri-urban areas of Uganda. QYU operates in the four regions of Uganda: the Eastern, Southern, Western and Bunyoro Kitara/Albertine regions. We have five key programmes that we run in communities to offer safe spaces and promote the participation of LGBTQI+ people in human development: human rights awareness and advocacy, sexual reproductive health rights and services, emergency housing and accommodation, economic empowerment, and advocacy, alliance building and partnerships.
Through implementing these programmes, we want to create a legal and policy environment where the rights of LGBTQI+ people are upheld and respected. The high numbers of rape cases and arbitrary arrests have pushed us to advocate for equal and inclusive reproductive health rights and access to sexual and reproductive health services and to set up safe spaces at community health centres so that LGBTQI+ people can access healthcare facilities without the trauma of being harassed.
In addition, QYU responds to urgent housing needs of LGBTQI+ people who are victims of social stigma and discrimination from their families and the public. We also mobilise and empower LGBTQI+ people, particularly young people, by providing them with practical skills, knowledge and appropriate information regarding employment and social entrepreneurship and developing their personal and professional skills for the labour market. Through partnership building, advocacy and referral, we work with like-minded organisations to advocate for and advance the rights and freedoms of LGBTQI+ people at both the national and international levels.
But we have faced several challenges that make it difficult to carry out our work. We have continued to suffer office break-ins from unknown individuals, causing fear among our staff members. We also have limited funding, which impacts the scope of our work because we can only do so much with the funds we have.
What should Commonwealth states do to promote LGBTQI+ rights?
Commonwealth states should work together since most have the same codes that criminalise LGBTQI+ people, dating back to the colonial era. So many years later, they are still making daily life miserable for LGBTQI+ people in the countries that are part of the Commonwealth. I think member countries should use the various organs of the Commonwealth to provide a platform for LGBTQI+ voices. Those that have decriminalised same-sex relations should support those fighting toward that goal.
The international community fighting for similar causes should also use their platforms to raise awareness on the kind of struggles we are facing. Their mobilisation will hopefully pressure our governments to create policies that will benefit all members of society regardless of their gender identity or sexual orientation.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Queer Youth Uganda through itswebsite orFacebook page, and follow@QueerYouth2006 on Twitter. -
UGANDA: ‘Our government cares only about profit, not people’
CIVICUS speaks about the East African Crude Oil Pipeline (EACOP) project and its potential impacts on the climate and on the health and livelihoods of local communities with Nyombi Morris, founder of Earth Volunteers.Established in 2020, Earth Volunteers is a Ugandan civil society organisation (CSO) that brings together young people who are passionate about planting trees, protecting forests and standing up for climate justice. Earth Volunteers advocates for climate justice and promotes climate education in local schools.
What is EACOP, and what is wrong with it?
EACOP is a pipeline project that will transport oil from Uganda to Tanzania, for export through the Tanga port on the Tanzanian coast. It will travel through hundreds of miles, flowing oil through sensitive environments, including the richly biodiverse Murchison Falls National Park in western Uganda.
The project is led by China National Offshore Oil Corporation (CNOOC) and TotalEnergies, a French company, and funded by Standard Bank, among others. Ever since it kicked off in 2015, it has caused numerous activists to lose their lives and has put many natural resources on the verge of disappearing.
Local communities are already being affected by the pipeline. While pipeline construction itself hasn’t yet started, a process has begun to acquire the land required for the pipeline and related facilities. Those who own land on the projected pipeline’s path or in its vicinity are already unhappy because of the mistreatment they are experiencing and the lack of transparency in the process. They say they were not consulted about the project before it was approved and they are now being pressured to sell off their farms, homes and land at cheap prices and forced to leave to make way for the pipeline.
How is civil society in general, and your organisation in particular, mobilising against the pipeline project?
I have not seen any established CSO come out to oppose or even challenge the pipeline project. It is only us, individual activists loosely connected through informal networks, who are trying to sensitise people and mobilise them against the danger of allowing money-makers to exploit our land to take away the oil and get rich off it. We can’t drink or eat oil, and this will only make us poorer and less healthy.
As one of those activists, I have organised strikes to challenge the project, but since my last protest this March, I have received threats from unknown people who say they are police officers and tell me they are going to come and arrest me.
How has the government reacted so far?
Our government cares only about profit, not people. We have put pressure on them and urged them to be mindful about the approval they give to investors, as they only benefit the wealthy and do nothing to improve people’s lives. But the response we always get in return is threats.
Personally, I do not expect my government to listen to my concerns. The problem is, if they do not, this is a death sentence for many people in both Uganda and Tanzania. We already face the challenge of inflation and we may be heading towards famine and insecurity because people are being forced to sell off their properties in western Uganda and the capital, Kampala, is their next destination. This is one of the biggest and fastest-growing cities in Africa, with a population that has already hit four million.
What kind of support does the anti-pipeline movement need from international civil society and the wider international community?
We need three different support structures. Firstly, we need funds to continue door-to-door mobilisation. We need to speak up with a strong voice, so it is our role to wake up the public and get people to start demanding justice.
Secondly, we need the media to cover our movement and amplify our voice. We need the world to join us in challenging these perpetrators of environmental destruction. Except for Standard Bank, which is from South Africa, pipeline funders are from the global north, and we need people in their countries to know what is happening so they can join us in exposing these capitalist fundamentalists who only care about money – not about people, and not about nature.
Finally, we need protection. I am constantly receiving threats, and since last week I haven’t even been allowed to tweet for fear of my life and the lives of my family. We are in danger and nobody is helping us with security and support. I am hiding at my sisters’ place but very soon we are going to run out of resources such as food.
Every organisation I reach out to, they redirect me to CSOs that are not really independent but actually serve the government that is targeting me. I feel like there is no one I can trust in my country. This is terrible and traumatising, and many others are going through the same. We cannot imagine help coming from anywhere but international civil society.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Earth Volunteers through itswebsite or its Facebook andInstagram pages,and follow @earthvolunteers on Twitter. -
UGANDA: ‘We’ll participate in COP28 to pressure world leaders to divert funding away from oil and gas’
CIVICUS speaks about recent developments involving the East African Crude Oil Pipeline (EACOP) project and civil society’s efforts to stop it with Zaki Mamdoo, Campaign Coordinator of Stop EACOP.Established in 2020, Stop EACOP is a coalition of Ugandan environmental and climate justice organisations that oppose the pipeline project due to the significant threats it poses to protected ecosystems, water resources and community lands across Tanzania and Uganda.
What are your coalition’s aims?
Our aim is to halt the construction of EACOP to avert the catastrophic environmental and climate consequences associated with the pipeline and safeguard human rights and communal territories.
To achieve this, we employ a multifaceted strategy: heightening public awareness, exerting pressure on financial institutions and raising their reputational costs so they distance themselves from the project, mobilising impacted communities and rallying to force governments and oil corporations to suspend the project.
A cornerstone of our approach is engaging with young people. Our partner programmes in both Tanzania and Uganda are focused on youth. We proactively seek out young people in various initiatives, including security training sessions. Recently, we’ve identified student leaders from various universities who had organised to spread awareness about the project’s impacts among their peers. We are actively pursuing funding and other opportunities to bolster their efforts.
Internally, we give space to youth representatives to contribute their perspectives. We’re committed to amplifying young voices and offering avenues for their growth and development as activists. A reflection of this is that I am 26 years old and trusted with the leadership as campaign coordinator.
How has the situation evolved since welast spoke over a year ago?
There have been significant changes over the past year. Drilling has started in one of the most important biodiversity hotspots. One of the companies leading the project, French energy conglomerate Total Energies, has launched oil drilling in Uganda’s Murchison Falls National Park, home to diverse animal and bird species, including elephants, giraffes and lions. Its ecological significance is heightened by the presence of the Murchison Falls-Albert Delta Wetland System, essential for Lake Albert fisheries.
The pipeline threatens the park’s biodiversity and tourism appeal. It will also have economic impacts, as the park is a major contributor to Uganda’s economy, accounting for 59 per cent of exports and having generated over US$1 billion in revenue in 2022.
Negative consequences are already evident, with displaced elephants damaging crops and posing threats to human lives in nearby communities. Tragic incidents involving elephants have already occurred in Buliisa district, where the park is located.
This is clearly just another a case in which profit is prioritised over environmental and socioeconomic considerations.
Our demands, however, remain unaltered: we adamantly call for the project’s complete cancellation due to its intolerable environmental and human risks. And while governmental authorities have largely remained unresponsive, we’ve achieved progress with financial institutions. Remarkably, 27 banks have already denied funding for EACOP, and an additional 23 major insurers and reinsurers have declined to support the pipeline.
What restrictions do Stop EACOP activists face?
We operate in fairly restrictive environments in which the freedom to protest is often violated. Recently, for instance, four of our activists were forcibly arrested on charges of ‘inciting violence’, transported in police vehicles and kept in jail overnight for protesting against the pipeline in Kampala, Uganda’s capital.
The activists, three women and one man, were protesting peacefully, but their arrests were unnecessarily violent. It must be emphasised that only four protesters were involved, so the degree of force applied was clearly excessive, yet not entirely unexpected. Historically, Ugandan authorities have responded aggressively to any demonstrations perceived as anti-government, in line with a dictatorial regime indifferent to public sentiments or alternate viewpoints. This reaction is not unprecedented, although it’s intriguing that the government seems threatened by even small-scale protests like this four-person event.
But this won’t stop us: we will continue to demonstrate peacefully. Several of our members maintain a fund to secure bail or engage lawyers whenever activists are arrested. We arrange legal representation and explore the possibility of anticipatory bail when possible. However, given the sporadic nature of these protests, support is often provided post-arrest. We’ve also partnered with organisations that specialise in security training so that we can provide tools for advocates to voice their concerns without jeopardising their personal safety.
How do you connect with the global climate movement?
We connect with climate activists worldwide by sharing experiences and strategies and providing each other with support across borders. Global solidarity strengthens our efforts, so we appreciate any form of international backing for our cause.
What lies ahead remains uncertain, but as demonstrated in numerous instances globally, when we come together to back local communities as they advocate for their rights and a more promising tomorrow, there is a potential to counter even the largest of corporate giants effectively.
More than a million people have already raised their voices against EACOP. We believe that together we can stop it.
Are you planning to engage with the upcoming COP28 climate summit?
We’re deliberating on the optimal way to participate in COP28 to pressure world leaders to address the pipeline project directly and divert funding away from new oil and gas developments. I will be there to represent the campaign.
Despite controversies surrounding the summit’s leadership and lack of an enabling civic space in the host country, the United Arab Emirates, we are hopeful that substantive progress will be made. But we recognise that lasting change will require continued people-powered mobilisation. We’re committed to sustaining our fight for climate justice and environmental preservation in East Africa.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Stop EACOP through itswebsite and follow@stopEACOP on Twitter.
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Uganda: End Repression of civil society
🇺🇬#Uganda: A clampdown on civil society has led to the suspension of 54 NGOs, including orgs that work on:
— CIVICUS (@CIVICUSalliance) August 30, 2021
🔴Human rights
🟡Environment
🔵Religious issues
🟢Democracy
We have written to the @NGObureau calling for their immediate reinstatement https://t.co/V2AJpcXVVT pic.twitter.com/dAg7aTtStwJoint statement on Uganda’s NGO Bureau suspension of 54 NGOs in the country
Uganda’s NGO Bureau, the country’s regulatory authority for non-governmental organizations (NGOs), should immediately rescind the decision to suspend 54 organizations that they have classified as NGOs, which comes in the context of intensifying intimidation and harassment of civil society organizations. The suspension is intended to restrict the rights to freedom of expression and association and stop the activities of independent civil society organizations that are perceived as critical of the authorities.
On 20 August 2021, the National Bureau for NGOs (NGO Bureau) ordered the immediate suspension of these organizations claiming that they had failed to comply with NGO legislation, including by operating with expired permits, failing to file accounts, or failing to register with the Bureau.
According to the Uganda National NGO Forum, most of the organizations were not informed of the Uganda NGO Bureau’s decision or given an opportunity to respond in advance.
Uganda’s 2016 NGO Act imposes burdensome requirements for application for permits for NGOs with multiple layers of registration with periodic renewal applications, and organisations are required to have memorandums of understanding with the district they operate in. There is also lack of clarity over which organizations fall under this regulatory regime.
The suspension of the organizations is arbitrary, as it goes against Section 33 (2) of the NGO Act, which requires the Bureau to give 30 days’ notice in writing to permit holders to enable them to show cause why the permit should not be revoked. Suspension of independent civil society organizations simply for carrying out their work is an attack on human rights, including the rights to freedom of expression and association. Suspending civil society organizations also exposes those organizations to additional legal risks if they are unable to pay staff or suppliers.
Many of the organizations affected work in critical areas such as legal practices to help poor or marginalized people. Others work on accountability and transparency in the oil sector, and some monitored human rights in the context of the elections. To shut down organizations working so closely with Ugandans abruptly will hurt people who rely on their services or advocacy.
The rights to freedom of expression and association are guaranteed under Articles 9 and 10 of the African Charter on Human and Peoples’ Rights to which Uganda is a state party. Accordingly, the African Commission on Human and Peoples’ Rights issued guidelines on freedom of association and assembly as provided for in the African Charter, that among other things prohibits states from compelling associations to register to be allowed to exist and to operate freely. Further, informal organisations shall not be punished or criminalized under the law or in practice based on their lack of formal status. This decision by the NGO Bureau is a clear demonstration of the repressive nature in which Ugandan authorities have continued to clamp down on civic space and human rights.
The NGO Bureau is mandated to play a regulatory and facilitative role in creating an enabling environment for non-profit organizations in Uganda, but this has not been the case in the recent past.
We acknowledge the positive discussions held between the Minister of Internal Affairs and Civil Society Leaders on 24 August and implore the minister to expeditiously follow through the commitments made to redress the anomalies in the suspension of some of the affected NGOs and establish an Adjudication Committee as required by the law. We further call on authorities in Uganda to ensure that civil society actors involved in promoting fundamental rights can freely exercise their rights consistent with Ugandan Constitution and the country’s international human rights obligations including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
Signed off by the following civil society organizations:
1. ActionAid International Africa
2. Advocacy Network for Africa (AdNA)
3. AfricanDefenders (the Pan-African Human Rights Defenders Network)
4. Amnesty International
5. Asylum Seeker, Refugee & Migrant Coalition (ASRM Coalition)
6. Campaign for Good Governance (CGG – Sierra Leone)
7. Campaign for Human Rights and Development International (CHRDI)
8. Center for Advancement of Rights and Democracy (CARD – Ethiopia)
9. Center for Constitutional Governance
10. Center for International Governance, Peace and Justice (CIGPJ – South Sudan)
11. Center for Youth Advocacy and Development (CEYAD)
12. Centre for Democracy and Development (CCD)
13. Change Tanzania
14. Chapter One Foundation Zambia
15. CIVICUS
16. Civil Society Human Rights Advocacy Platform of Liberia
17. Civil Society Reference Group - Kenya
18. Consortium of Ethiopian Human Rights Organizations (CEHRO)
19. Crown The Woman – South Sudan
20. Digital Society of Africa
21. DITSHWANELO - The Botswana Centre for Human Rights
22. Echoes of Women in Africa Initiative (ECOWA – Nigeria)
23. Ethiopian Human Rights Defenders Center (EHRDC)
24. FIDH (International Federation for Human Rights)
25. Foundation for Democratic and Accountable Governance (FODAG – South Sudan)
26. Haki Africa
27. Haki Kenya Organisation
28. Human Rights Defenders Network (HRDN – Sierra Leone)
29. Human Rights Institute of South Africa (HURISA)
30. Independent Human Rights Investigators (IHRI – Liberia)
31. Initiative for Equality and Non-discrimination (INEND)
32. Inuka Kenya Ni Sisi!
33. Institute for Democracy and Leadership – Swaziland
34. Kenya Human Rights Commission (KHRC)
35. Khulumani Support Group
36. Kongamano La Mapinduzi Movement
37. Mozambique Human Rights Defenders Network
38. Network of the Independent Commission for Human Rights in North Africa
39. Nigerian Human Rights Defenders Network
40. Open Society Initiative for Southern Africa (OSISA)
41. Pan African Lawyers Union (PALU)
42. Panos Institute Southern Africa (PSAf)
43. Partnership for Justice (PJ)
44. Protection International Kenya
45. Resource Rights Africa (RRA)
46. South Sudan Human Rights Defenders Network (SSHRDN)
47. Southern African Human Rights Defenders Network (SAHRDN)
48. Tanzania Human Rights Defenders Coalition (THRDC)
49. World March of Women - Kenya
50. Yiaga Africa
51. Youth and Society (YAS - Malawi)
52. Youth Forum for Social Justice
53. Zimbabwe Human Rights NGO Forum
54. Zimbabwe Lawyers for Human Rights (ZLHR)Civic space in Uganda is rated as repressed by the CIVICUS Monitor.
*Photo credit: Chaper Four Uganda
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