enforced disappearances

• ALGERIA: ‘The state must respect the freedoms of those calling for truth and justice on enforced disappearances’

  

  CIVICUS speaks about the repression of civil society in Algeria with Nassera Dutour, a Franco-Algerian human rights activist and president of the Collective of Families of People Disappeared in Algeria (CFDA) and the Euro-Mediterranean Federation against Enforced Disappearances.

  The CFDA was founded in Paris in May 1998 by Algerian mothers living in France who had relatives who had disappeared in Algeria. It defends the right to truth and justice of the families of the disappeared and has worked from the outset to raise national and international public awareness of the scale of human rights violations in Algeria.

   

  What’s the reason for the recent increase in repression in Algeria?

  In February 2019, the people of Algeria mobilised spontaneously and peacefully to demand democratic change. They took to the streets of Algiers and other cities to protest against incumbent President Abdelaziz Bouteflika’s bid for a fifth term. Even after his resignation, the protest movement, known as the Hirak, lost none of its momentum, broadening its demands to call for a radical overhaul of the regime, a civilian government and a ‘free and democratic Algeria’.

  Although the COVID-19 pandemic put the demonstrations on hold from March 2020 onwards, mobilisation resumed in February 2021 before experiencing a definitive decline, partly due to concerted pressure from the authorities to suppress the movement. Human rights activists, particularly those who dare to criticise the government’s rhetoric and policies, are constantly harassed and intimidated. The security forces monitor and threaten them, creating a climate of fear that is gradually becoming fatal to human rights activism. In some extreme cases, activists face physical violence, which compromises their safety and their ability to continue their essential work.

  Algerian courts have used numerous provisions of the Penal Code to silence critical voices online and offline. Journalists such as Mustapha Bendjama, Khaled Drareni, Ihsane El-Kadi and Rabah Karèche have been targeted with long prison sentences for exposing corruption and abuse. The authorities have also arbitrarily restricted or blocked access to independent news websites, further undermining access to diverse information.

  Among other tactics, the authorities have often invoked the ‘national interest’ to restrict the freedom of action of human rights defenders. For example, Nacer Meghnine, president of the SOS Bab El Oued association, was sentenced in 2021 for publications found at his association’s headquarters denouncing repression, arbitrary arrests and torture. The judges considered that these writings tarnished Algeria’s international image, and that by criticising Algeria for failing to apply the United Nations (UN) Convention against Torture, he was inciting foreign interference. Nacer Meghnine was also convicted of direct incitement to unarmed assembly for leaflets displaying portraits of prisoners of conscience. One of the most formidable tools used by the authorities to repress dissent is anti-terrorism legislation, which has broadened the definition of terrorism.

  Are independent civil society organisations able to operate in Algeria?

  The CFDA remains a clandestine association despite numerous attempts to legalise it with the Ministry of the Interior and the prefecture. There has never been any justification from the government for refusing to authorise its registration.

  From 2001 to 2013, the CFDA had to move its offices in Algeria every year, due to intimidation of the owners by the Algerian authorities. In France, there were two particularly violent intrusions into our offices, which were completely ransacked. The Algerian government puts a great deal of psychological pressure on the members of the organisation both in Algeria and France.

  In 2023, police officers came to the Algiers offices and threatened members of the association. No action was taken, although the association’s lawyer tried to find out whether there was an investigation file on the CFDA or on the owner of the premises.

  When we were organising a conference in Algiers, the authorities came to the hotel and ‘suggested’ that we should not hold the conference. CFDA staff and partners tried for hours to stand up to the police and gendarmerie, but they forced us to leave. This international seminar, which was to have been held over two days on the theme of ‘Truth, Justice and Conciliation’, was simply banned.

  Our telephone and internet have been regularly cut off without any explanation, and our website and social media accounts have been hacked twice. The CFDA radio station that we set up in 2016 was immediately censored and made inaccessible in Algeria. Six years later, the site was hacked and the CFDA was forced to create another site under a different name.

  CFDA members have been subjected to psychological harassment, including repeated death threats. In 2002, the French authorities warned me that Algeria had given the order to kill me.

  In addition, recourse to foreign funding is drastically limited, while it is virtually impossible to gain access to state funding, which is only available to organisations affiliated with the Algerian state.

  Since the Hirak, the dissolution of associations has increased exponentially. An association can be suspended if it ‘interferes in the country’s internal affairs or undermines national sovereignty’. The Youth Action Gathering and the Algerian League for the Defence of Human Rights have been dissolved.

  Demonstrations organised in Algeria to defend human rights are often repressed by the police, with numerous arbitrary arrests and detentions, cases of short and long-term enforced disappearances and incidences of torture.

  As a result of this repression, many human rights defenders, lawyers and journalists have had to leave Algeria for France or other European countries. But the diaspora continues to present a united front through joint actions such as demonstrations in Paris every Sunday, advocacy missions to national, European and international institutions, documentation and the drafting of reports for decision-making and investigative and judicial bodies, the publication of press articles and official press releases, conferences and round tables, and social media campaigns.

  How does the CFDA work to protect and promote human rights in Algeria?

  The CFDA advocates with international bodies and invites human rights activists and members of civil society in Algeria to take part.

  The CFDA immediately informs the public as soon as it becomes aware of a human rights violation in Algeria. However, we don’t stop at denunciations: we make calls on states in writing and urge international bodies to take action through urgent appeals to various UN special procedures and to the commissioners of the African Commission on Human and Peoples’ Rights.

  The CFDA has produced several reports on human rights in Algeria, the non-independence of the judiciary, women’s rights, arbitrary detentions and enforced disappearances.

  In 2014 in the city or Oran, we inaugurated the Centre for the Preservation of Memory and the Study of Human Rights. This is a space open to the public for documentation, meetings and reflection on human rights issues. It has a wide range of publications on enforced disappearances and transitional justice.

  The CFDA trains and informs people. It provides information through its social networks and website, as well as through its online radio station, Radio of the Voiceless. Since 2016, the radio station has covered human rights issues through regular podcasts and interviews. It is an integral part of our memorialisation work because it offers a space for expression to people who have been silenced. Since 2019, the radio station has also been following up and commenting on the Hirak and the authoritarian excesses of the Algerian regime.

  The CFDA trains human rights activists in international and African human rights protection mechanisms, internal and external communication and conflict management. It invests heavily in the independence of the judiciary because it believes that the rule of law and democracy cannot exist without an independent judiciary, and that without the rule of law, the truth about enforced disappearances in Algeria will never be established.

  What are your demands to the Algerian government?

  With regard to the search for the truth, we demand an exhaustive and impartial investigation into all cases of disappearance so that the victim, if alive, is placed under the protection of the law, and if not, their remains are returned to their family. All those concerned by the disappearance must have access to the final results of the investigation.

  The authorities must use all technical and legal means available to locate mass graves and unmarked graves, identify bodies, clarify the circumstances in which they were buried and return the remains to the families. They must set up a DNA database for identification purposes.

  To put an end to impunity, the authorities must carry out immediate and impartial investigations into each alleged case of disappearance in which the instigator, perpetrator or accomplice is a public official. Any criminal complaint against an unknown person or public official must be declared admissible and investigated immediately. The state must also take urgent measures to guarantee the independence and impartiality of the judiciary.

  In addition, appropriate and adequate reparations must be made to the victims, including adequate financial compensation, moral and psychological rehabilitation, and the fullest and most visible remembrance possible.

  To ensure that the crimes of the past are not repeated, the state must respect, protect, guarantee and promote freedoms of opinion, expression, association and peaceful assembly for those who demand truth and justice. It must protect all the victims and their families against potential attacks on their physical and moral integrity that they may suffer as a result of their demands.

  What support does Algerian civil society receive from international allies, and what other international support do you need?

  International civil society organisations such as Amnesty International and the International Federation for Human Rights are constantly alert to the Algerian government’s repression.

  In addition, these organisations, along with the CFDA and other Algerian organisations, have led and taken part in advocacy missions to international bodies, particularly in Europe, for the release of prisoners of conscience. We have obtained three resolutions from the European Parliament on human rights violations in Algeria.

  Despite these actions, to our knowledge and great despair, no state has spoken out or denounced the repression in Algeria.

  In this context, it is necessary to strengthen international solidarity to show a united front in order to create a balance of power that leads states to urge the state of Algeria to respect its international obligations regarding collective and individual freedoms and the establishment of the rule of law in Algeria, starting with judicial independence.

  As for enforced disappearances, it is necessary to raise international awareness of the fact that this practice can occur under any repressive government and concerns all societies, all the more so in a globalised world where intergenerational traumas and practices are particularly mobile. This tactic first surfaced in the Latin American dictatorships of the 1970s and 80s, and is now used on every continent by authoritarian regimes of all political persuasions. Yet decision-makers and various stakeholders have shown themselves to be disengaged. We absolutely must mobilise a broad public and organise internationally to combat and prevent this crime.

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  Civic space in Algeria is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with CFDA through itswebsite, Instagram account orFacebook page, and follow@SOS_Disparus on Twitter.

• BURKINA FASO: ‘Pro-democracy civil society is practically paralysed by the intensity and ferocity of the repression’

  

  CIVICUS speaks with Ousmane Miphal Lankoandé, Executive Secretary and Coordinator of the governance and citizen mobilisation programme at Balai Citoyen (‘Civic Broom’) about human rights and civic space in Burkina Faso.

  Founded in 2013, Balai Citoyen is a civil society organisation (CSO) that mobilises citizen action to promote democracy, government integrity, justice and the rule of law in Burkina Faso.

  How have human rights and civic freedoms deteriorated under Burkina Faso’s military junta?

  Since the rise of the military to power in January 2022, there has been a clear deterioration in human rights and civic freedoms, a phenomenon that became even more marked following the second coup in September 2022. Any voice of dissent from the official line of the military regime is systematically repressed.

  To achieve this, the regime gradually introduced insidious measures. Initially, it suspended the activities of political parties, even after it restored the constitution following a temporary suspension. In addition, some international media have been banned from broadcasting and some national media have been suspended. Journalists and activists are subjected to intimidation and threats, and some have been kidnapped. The fate of several, including two Balai Citoyen activists, remains unknown to this day.

• Joint statement on Human rights crisis in West Papua, Indonesia

  Statement at the 49th Session of the UN Human Rights Council

• KENYA: ‘Holding police officers accountable for killings in a court of law will be the main deterrent’

  CIVICUS speaks about police brutality in Kenya with Joseph Kariuki, Communications and Media Lead of International Justice Mission and editor of the Missing Voices project. Missing Voices Kenya is an initiative of a group of civil society organisations (CSOs) aimed at filling the evidence gap regarding police brutality, extrajudicial killings and enforced disappearances. It layers victims’ testimony with consolidated quantitative data and tracks processes to hold those responsible legally accountable.

  What is Missing Voices Kenya trying to do?

  Missing Voices was launched in August 2018, by a coalition of partners working on police reform. The main aim of the project was to produce a database of police killings and enforced disappearances in Kenya. This was critical since efforts by most CSOs to share their individual statistics proved untenable because of the different numbers each organisation had. This created confusion and gave the government a window to deny what seemed to be a systematic trend of extrajudicial killings.

  Our production of verified data was in itself a big success, considering the efforts put into denying this reality. Missing Voices has so far released two annual reports, in 2019 and 2020, and has held campaigns both online and offline to advocate for the end of extrajudicial executions and enforced disappearances in Kenya.

  Our website is meant to showcase victims’ stories and provide a platform for their families to agitate for justice. Every confirmed story is published on our website, including the name and photograph of the victim, along with any information that can help resolve their murder or discover someone’s whereabouts in case they are missing and still alive. We have seen cases being reopened right after they were published on our platform.

  In what ways has the COVID-19 pandemic and the enforced curfew worsened human rights in Kenya?

  The Missing Voices Kenya report ‘The Brutal Pandemic’ documented 157 cases of police killings and an additional 10 cases of enforced disappearances during 2020. Not all the cases were the result of COVID-19 containment measures, but some – around 23 – were the direct result of these.

  The measures put in place increased the prevalence of police brutality, which has been a systemic issue in Kenya for years. Most families, especially those living in poor neighbourhoods, bore the brunt of the measures after police officers were given orders to use force if necessary to ensure the 7pm curfew was enforced. Most families were caught unawares after public transport vehicles were ordered to carry half their maximum load, which meant there was a shortage of transport to get back home before the curfew.

  Why is police brutality targeted at young people in informal settlements, and what can be done about this?

  The fact that young people in poor neighbourhoods are the primary targets of police brutality can at least partly be explained by the high crime rates in such areas and the police strategy of using force to fight crime. This has worsened by the trend of arbitrary arrests of young men leaving their workplaces for home late at night. In informal settlements there seems to be a permanent curfew in place, since well before the pandemic.

  There are police squads that move around in unmarked cars arresting young men, many of whom have been killed. This has led to distrust between the public and the police. Lack of trust has hampered efforts to fight crime, because police depend heavily on the public for tips on criminal activity and perpetrators.

  This bad blood can be prevented if police officers stop looking at young men as suspects of crime and start moving around in marked cars. Poverty is still the leading cause of conflict between police and the public, so the government should put in place measures to empower and improve the opportunities for young people. And above all, the main deterrent will be if police officers are held accountable for killings in a court of law.

  What challenges has Missing Voices Kenya faced in ensuring accountability?

  The biggest challenge has taken the form of threats to victims or their families, which has deterred many from following up on their cases in court. Cases of police killings take a long time to investigate and even longer to process through the judicial system, which often leads to discouragement and apathy in the community.

  In response to this, in June 2021 the Missing Voices coalition ran a campaign on delayed justice, which highlighted cases that had taken a very long time to resolve but had eventually resulted in justice being served.

  Have there been other citizen responses to police brutality?

  A number of protests have been held against police brutality and we have also organised public dialogues in which we have shared the statistics we have collected and urged for an end to the violence. Our Brutal Pandemic report was handed to the Senate and another report was released in November 2021 making a number of recommendations. During the pandemic, our campaigns forced the government to condemn police brutality. It must be noted that before this the government had denied anything was wrong, so this kind of acknowledgment is a welcome first step.

  How can international civil society best support Kenyan civil society efforts to bring an end to these human rights abuses?

  More advocacy is needed for the government to accept that police brutality, enforced disappearances and extrajudicial killings are systemic issues that need addressing. There is a need to empower local justice centres and survivor groups so that people can count on safe spaces and are enabled to speak up more about these issues. And there is need for bigger capacity to take witnesses into the witness protection programme, without which we are unlikely to make much additional progress.

  Civic space in Kenya is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Missing Voices through itswebsite or itsFacebook page, and follow@MissingVoicesKE and@kariukimwangi on Twitter.

• VENEZUELA: ‘The government wants a civil society aligned with its interests, tamed and silent’

  CIVICUS discusses the ‘anti-NGO law’ recently passed in Venezuela with Alí Daniels, Co-Director of Acceso a la Justicia, a civil society organisation (CSO) dedicated to monitoring justice administration and the rule of law in Venezuela.

  On 15 August, Venezuela’s National Assemblyapproved a bill known as the ‘anti-NGO law’, which severely restricts freedom of association. The law requires CSOs to declare the origin of their funding, imposes strict reporting obligations, including a requirement to provide sensitive information, and bans organisations deemed to promote ‘fascism, intolerance and hatred’. The measure, proposed some time ago, was finally adopted after the28 July presidential election, which the opposition won by a large margin. The government has ignored the results, violently suppressed democracy protests and sought to stifle all sources of dissent.

  What’s the anti-NGO law, and what’s its place within the ruling regime’s repressive machinery?

  This new law has been presented as an instrument to regulate the exercise of freedoms of association and expression, when in fact it seeks to hinder it. One third of its 39 articles contain severe sanctions such as fines, deregistration, expulsion of foreigners and the dissolution of organisations. Although it claims to seek greater transparency and accountability, it contains only two articles on this issue, which was already regulated by the Civil Code.

  One of the most worrying aspects of the new law is that it obliges CSOs to reregister within 180 days and could leave them in legal limbo if they don’t receive a response from the authorities. It also imposes annual reviews, creating an unnecessary administrative burden even for those lacking financial resources.

  The anti-NGO law is part of a long-standing strategy of repression that includes human rights violations such as enforced disappearances, arbitrary detentions and extrajudicial executions. It’s another cog in a repressive machine that includes measures such as revoking the passports of human rights defenders and activists, illegal surveillance of phones and social media and censorship of platforms such as WhatsApp and Twitter/X. Senior government officials have already labelled us terrorists, encouraging and justifying the intensification of repression.

  The anti-NGO law can also be seen as a response to international pressure questioning the legitimacy of the 28 July election. With it, the government is doubling down on its willingness to punish anyone who questions its legitimacy.

  What impact could this law have?

  We are very concerned that the new law is very similar to Nicaragua’s, which in just one year has led to more than 3,000 CSOs being made illegal.

  In the medium term, the new law could have a serious impact on the humanitarian situation. The new restrictions could lead to a reduction in the number of CSOs, while those that still operate may be forced to reduce their capacity to implement projects. Many CSOs may end up opting to become informal groups. While this would reduce costs, it would also limit their ability to receive funding, as donors often prefer to work with formal legal entities.

  The damage this could cause is not limited to CSOs – it also affects the people who depend on their services. For political reasons, the Venezuelan government adopts contradictory positions: it forces bankrupt companies to keep operating, allegedly to ‘protect jobs’, but it dissolves CSOs for failing to pay a fine. It claims to protect jobs, but dissolves organisations that create jobs in the humanitarian field.

  The anti-NGO law is designed to limit the independence of civil society, allowing only likeminded CSOs to operate. The government wants a civil society that’s aligned with its interests, tamed and silent.

  How is civil society working for a democratic transition in Venezuela?

  In a context marked by censorship of political expression and press freedom, Venezuelan civil society is playing a crucial role in the struggle for a democratic transition. In the face of restrictions on political parties and government control of the media, CSOs have become reliable sources of information, providing an alternative analysis to the official narrative. We provide data the government would rather hide, such as the rise in child malnutrition. We show reality as it is, and that’s why they want to suppress us.

  CSOs act as monitors and whistleblowers, offering critical analysis and proposing alternatives for Venezuela’s future. We advocate for dialogue and a negotiated transition, but we also set clear ethical and legal boundaries to ensure those responsible for crimes against humanity are brought to justice.

  How can the international community support civil society in Venezuela?

  The international community can help us keep what is happening in Venezuela in the global debate by echoing our condemnation of human rights violations and crimes against humanity. This is extremely important so those more ideologically reticent can recognise that human rights violations have no ideology and torture is unacceptable and must be condemned and punished no matter who commits it.

  It’s important that states with influence over the Venezuelan government, such as Brazil and Colombia, use their position to encourage dialogue. Diplomatic pressure and mediation by friendly countries could facilitate a process of negotiation and peaceful resolution. We have been facing a complex humanitarian emergency for more than two decades; any support to alleviate the crisis is greatly appreciated and will continue to give us hope and strength to face the very serious situation we are in.

  Civic space in Venezuela is rated ‘closed’ by theCIVICUS Monitor.

  Get in touch with Acceso a la Justicia through itswebsite orFacebook page, and follow@AccesoaJusticia and@alijdaniels on Twitter.