africa

  • Uganda: CIVICUS condemns another break-in at the office of HRAPF  

    Global civil society alliance CIVICUS condemns recent attacks on the premises of the Human Rights Awareness and Promotion Forum (HRAPF) in Uganda which left security guards wounded and in need of urgent medical attention.  In the early hours of the morning of 9 February 2018, at least nine unidentified individuals broke into the offices of HRAPF and attacked two security guards with iron bars and batons.
  • Uganda: End Repression of civil society

    Joint 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
  • Uganda: Lift restrictions on NGOs and respect freedom of assembly and expression

    CIVICUS, a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world is seriously concerned over a decision by the Ugandan authorities to close and suspend the operations of 54 non-governmental organisations (NGOs).

    On 20 August 2021, The National Bureau for Non-Governmental Organisations (NGO Bureau) under the Ministry of Internal Affairs published a decree, revoking operational licences and certificates of 15 NGOs and halting the operations of 36 others. Many of those affected highlight human rights violations and have contributed to civil society development in Uganda. The Ugandan government accuses the NGOS of failing to register with the NGO Bureau or for operating with expired NGO permits. Those indefinitely suspended are accused of consistently failing to file annual returns and audited books of accounts and for failing to comply on other issues.

    “The dissolution of these organisations is a new low for human rights in a country that has continuously failed to respect fundamental freedoms, including freedom of association. The closure and suspension of organisations is intended to silence independent civil society voices committed to defending human rights and civic space in Uganda,” said David Kode, Advocacy and Campaigns Lead for CIVICUS.

    The closure and suspension of these organisations follows several restrictions imposed on NGOs, including a national validation exercise in 2019. Government justified the restrictions by stating they were needed to identify entities involved in “unscrupulous activities,” and to prevent unregistered NGOs from laundering money. Although the Public Order Management Act was constitutionally nullified by the court in March 2020, it is still being used by the government to limit fundamental freedoms including the right to assemble and association.

    The NGO Bureau has imposed the current restrictions on civil society organisations at a time when members of security personnel continue to enjoy high levels of impunity for targeting human rights defenders and journalists.

    CIVICUS calls on the government of President Yoweri Museveni to rescind the suspensions of all NGOs affected, respect its international human rights obligations, and create an enabling environment for civil society organisation and human rights defenders.

    The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Uganda as repressed.

    For more information, please contact:
    David Kode
    Advocacy and Campaigns Lead
    Email:

  • Uganda: Stop arrests, detention, and targeting of opposition leaders and activists ahead of inauguration

    Ugandan authorities must stop targeting opposition leaders and arresting and detaining political and civil activists ahead of the inauguration of President Yoweri Museveni on 12 May 2021, says global civil society alliance CIVICUS.

    Violence and arbitrary detentions have been unleashed on members of the opposition, and the homes of Bobi Wine, Leader of the National Unity Platform, and Dr Kizza Besugye, four-times presidential candidate, are currently under siege.

    Key political figures and activists have had their fundamental freedoms violated in the run-up to the swearing-in of President Museveni, who starts his sixth term in office following much-disputed elections. The arrest of over 40 activists ahead of the inauguration of Yoweri Museveni must be condemned.

    Background: Uganda went to the polls on 14 January 2021 for presidential, parliamentary and local government elections. The electoral process was marred by violence, intimidation, illegal detention, and killings. Opposition leaders were repeatedly hounded and arrested, and several activists and journalists were arrested and detained. In November 2020 over 70 activists were killed during a protest in Kampala while over 250 were kidnapped and others arrested. To date more than 60 activists remain in detention without charge.

    The presidential electoral outcomes have been denounced by many former presidential candidates, who have since rejected invitations to attend the swearing-in ceremony.

    Civic space in Uganda is rated asrepressed by the CIVICUS Monitor. 
  • UK: ‘The government continues to scapegoat migrants and fuel racist rhetoric to cover its policy failures’

    AriaDanaparamitaCIVICUS speaks with Aria Danaparamita, Advocacy Director of theJoint Council for the Welfare of Immigrants (JCWI),about the UK’s new migration treaty with Rwanda, aimed at sending asylum seekers arriving unlawfully in the UK to Rwanda for processing.

    The JCWI has been challenging policies that lead to discrimination, destitution and the denial of rights in the UK for more than 50 years. It provides legal and advice services to immigrants and asylum-seekers.

     

    How different is the new treaty that the UK signed with Rwanda from its predecessor?

    The new agreement is different from the previous one because it’s a treaty between the governments of the UK and Rwanda, while the previous one was only a memorandum of understanding. A treaty is legally binding under international law and requires scrutiny by the UK parliament, while the previous agreement was simply signed by the UK Home Secretary.

    The new treaty is accompanied by draft ‘emergency legislation’ seeking to provide the legal basis for maintaining that Rwanda is a safe country, which is a prerequisite for the treaty to be implemented without the UK breaching its international obligations towards asylum seekers.

    The treaty includes provisions aimed at addressing the concerns raised by the UK Supreme Court about the systemic risks of human rights violations if people were to be sent to Rwanda. However, these provisions – which are at this point just words on paper – will be wholly inadequate. The Supreme Court was unanimous and unequivocal in its evidence-based finding that Rwanda is not a safe country, and the risks are systemic and cannot be improved in a matter of months, despite the government’s wishes. Because of this, the treaty and the provisions in the Rwanda Bill are nothing more than an attempt to legislate the fiction that Rwanda is safe, despite overwhelming evidence on the contrary.

    Many people across the UK and across civil society are united in their strong rejection of the Rwanda plan. We have told the government ever since the first Rwanda flight was planned that this is a cruel and inhumane plan, and that it risks breaching the UK’s obligations under international law as well as our moral duty to protect people in search of safety. We continue to resist the government’s failed and inhumane Rwanda plan because we should not be sending people to places where their lives are at risk – whether Rwanda or anywhere else.

    Do you view this as part of a wider trend?

    We are seeing more and more policies that are hostile towards people on the move, particularly in western, former colonial countries. It is both ironic and unjust that the countries that have historically benefited, and continue to benefit, most from migration are now turning people away at their borders, often with high levels of violence. Across European lands and seas, we have seen lives taken away by cruel border regimes that do not value migrants as people. We urge the UK government to stop making policies driven by hate and hostility, and instead protect the rights of everyone to move, work and live freely.

    Migration is a fact of life. We as humans have always moved, whether to the next town or to another country across the world. In fact, the most recent immigration statistics show that the UK urgently needs migrant workers to increase its labour force.

    But instead of recognising the genuine need to welcome migrants in this country, or acknowledging the ways people contribute to our communities, the government continues to scapegoat migrants and fuel racist rhetoric to cover its policy failures – to address the deepening cost-of-living crisis, to reform our crippled healthcare sector, or to provide adequate public services after years of austerity.

    What would the impact if the Rwanda plan were to be implemented?

    The Rwanda plan has always been cruel, inhumane and, as the Supreme Court’s judgement unequivocally shows, unlawful. We cannot send people away to places where their lives might be at risk. It is against international law, our domestic law and our moral compass as a society.

    If the Rwanda Bill is passed, it will almost certainly breach international law. The Home Secretary himself has acknowledged that he cannot guarantee it will comply with the European Convention on Human Rights. It will also stand to breach numerous conventions, from the Refugee Convention to the Convention against Torture.

    The human cost of this bill will be catastrophic. Even before it has passed, we have seen the prospect of being sent to Rwanda drive the people we support into extreme anxiety and mental distress, and we continue to see alarming rates of self-harm and suicides. We cannot let this bill pass or be implemented. By implementing it, the government will be forcing people to face certain and irreversible harm.

     How is UK civil society, and your organisation in particular, working to help migrants?

    JCWI support migrants in various ways, including by providing legal representation and high-quality legal advice. We also campaign alongside migrants and grassroots communities for migrant justice.

    For doing this work, in recent years we have faced increasingly hostile and racist rhetoric led by those in power and enabled by the media. However, we will not let this stop us. We know that most people are kind and compassionate and believe that we all have the right to live safe, thriving lives regardless of where we are from. Together we can build the world we want to live in, free from harm and border violence.

    Civic space in the UK is rated ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with the JCWI through itswebpage orFacebook page, and follow @JCWI_UK onTwitter andInstagram.
  • UK: ‘The Rwanda plan sets a worrying precedent for the future of migration and human rights’

    julia-tinsley.png

    CIVICUS speaks with Julia Tinsley-Kent, Policy and Strategic Communications Manager of the Migrants’ Rights Network, about the UK’s new migration treaty with Rwanda, aimed at sending asylum seekers arriving unlawfully in the UK to Rwanda for processing.

    The Migrants’ Rights Network is a UK charity that stands in solidarity with migrants in their fight for rights and justice.

     

    How different is the new treaty that the UK signed with Rwanda from its predecessor? Do you think it will be implemented?

    The Supreme Court recently upheld a ruling that the UK government’s plan to send migrants to Rwanda was unlawful on the basis that the country is unsafe and that there was a risk of refoulement – the forcible return of migrants to a country where they are likely to face persecution.

    However, the UK government has not been deterred and has pressed ahead with new legislation that would declare Rwanda a safe country. The new Bill would give the government the power to disapply elements of the Human Rights Act 1998 and ignore European Court of Human Rights injunctions against deportation flights. It also puts a legal obligation on the courts to consider Rwanda a safe country when considering removal decisions, and to not entertain any claim based on the UK’s Human Rights Act or international law obligations.

    The UK government has repeatedly demonstrated its commitment to outsourcing its protection obligations to other countries like Rwanda. Regardless of whether this policy is eventually implemented, it has already caused harm to migrant communities in Britain and demonstrated what lengths the government is prepared to go in deterring people from seeking safety and a new life in the UK.

    What is concerning about the plan is the worrying precedent it sets for the future of migration and human rights. It shows the UK government is prepared to overhaul the judicial system to push through regressive and cruel policies.

    Do you view this as part of a wider regional or global restrictive trend?

    The Rwanda plan is one component of the UK’s increasingly hostile environment for migrants. This is reflective of a wider global trend. Across the world, but particularly in Europe and the USA, governments are pouring money into tightening already highly militarised borders.

    In times of crisis or economic instability, governments will scapegoat excluded groups and migrants to distract from their own failings. It is the oldest trick in the book. At a time where the UK is in the midst of a chronic cost of living crisis where growing numbers of people are struggling to feed their families or pay their bills, the government is shifting the blame and attention on to migrants.

    Contemporary attitudes and policies on migration draw on decades of restrictive racist immigration policies, aimed at keeping out particular groups of migrants. We must acknowledge the disparities between who is constructed as welcome in the west and who is not. For example, hostile borders and immigration policies have not been imposed on white people from Ukraine nor wealthy, western expats. Instead, it is people of colour and those from majority-Muslim countries who withstand the worst of them.

    How does UK civil society and your organisation in particular work to help migrants?

    At the Migrants’ Rights Network, we stand in solidarity with migrants in their fights for rights and justice. We are a charity mostly led by migrants and migratised people – people assumed to be migrants – that campaigns for transformational change to tackle oppression at its source. We are not a formal network but we work to establish and strengthen connections because we believe it is through building bonds between people that we have the greatest opportunity to achieve transformational change. We are led by the opinions, views and experiences of migrants and grassroots organisations and are willing to be challenged. In particular, we look at how racism, Islamophobia, homophobia and other systems of oppression shape immigration systems and how migrants are constructed in prevalent narratives.

    Our work takes many forms. Among these, we use our platform to raise awareness of pressing issues amongst politicians and policy makers, and in the media; work with people and organisations to build campaigns and links with legal experts to pursue strategic litigation; build an evidence base for change by co-curating with affected migrants to better understand the issues and inform our work and the work of others; promote partnership and collaboration between different causes and campaigns, to enable information and resource sharing; inform migrant communities on their rights through our tailored resources and training; and develop alternative narratives to counter harmful rhetoric and narratives around migration through informative and creative campaigns.

    British migration charities should focus on delivering much-needed support and campaigning for liberation, but must also ensure that they are held to account by migrants. Recommendations are often based on assumptions rather than experience, so we must ensure we remain accountable to those who have moved across borders.

     

    Civic space in the UK is rated ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with Migrants’ Rights Network through itswebpage orFacebook page and follow @migrants_rights_network onTwitter andInstagram.

    The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.
  • UN General Assembly vote today: CIVICUS calls on South Africa to reject attempts at the UN to block the appointment of the first-ever independent LGBTI expert

    Global civil society alliance, CIVICUS urges the South African government to reject attempts at the UN to block the appointment of the first-ever independent expert on sexual orientation and gender identity. A vote is due today at the UN General Assembly in New York to overturn the appointment of the expert which was mandated by the Geneva based UN Human Rights Council in June this year following a resolution.  

    The current situation has arisen out of a move by the 54 members of the Africa Group to suspend the September 2016 appointment of Thai international lawyer, Professor Vitit Muntarbhorn as the first UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. The Independent Expert, who began his work on 1 November, is responsible for monitoring and reporting on implementation of international human rights standards to overcome violence and discrimination against LGBTI persons.

    “The creation of the mandate of the Independent Expert reflects the sustained and concerted efforts of a broad coalition of civil society stakeholders, UN bodies and states against violence and discrimination against the LGBTI community,” said Mandeep Tiwana Head of Policy and Research for CIVICUS, the global civil society alliance. “We hope South Africa will stand firm on its constitutional commitment against discrimination on the basis of sexual orientation.”

    In a global climate of continued prejudice and hostility against the LGBTI community, a vote to suspend the work of the Independent Expert would undermine the development of crucial international mechanisms to ensure that LGBTI individuals and groups subject to discrimination, harassment and attacks at home access have access to necessary protections and scrutiny. According to global civil society group the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), over 70 countries maintain laws that criminalise same sex relations.

    CIVICUS urges South Africa to take a principled position in line with its constitutional values by (i) voting against the resolution to defer the appointment of an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and (ii) by engaging the states opposed to the expert’s mandate on the need to uphold not undermine the international human rights framework.  

    Note to editors

    In June 2016, the UN Human Rights Council, the world’s premier human rights body adopted Resolution 32/2 establishing the mandate of the Independent Expert. The resolution, presented by the governments of Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay, was approved by the 47 member UN Human Rights Council. The resolution expands and elaborates on two prior resolutions including in 2011, led by South Africa, and in 2014 led by Brazil, Chile, Colombia and Uruguay to counter and violence and discrimination on the basis of sexual orientation and gender identity.

     

     

     
  • UN Human Rights Council should renew the mandate of the Commission of Inquiry on Burundi

    Statement at the 48th Session of the UN Human Rights Council

    Delivered by Paul Mulindwa

    Thank you, Madame President.

    CIVICUS and independent Burundian civil society organisations welcome the work of the UN Commission of Inquiry (CoI) on Burundi, and its comprehensive report on situation of human rights in the country, which provides critical oversight. We urge the UN Human Rights Council to ensure continued scrutiny of Burundi through the renewal of this mandate.

    There has been no improvement in the human rights situation in Burundi since the 2020 change in government. Civic space remains closed, with independent and critical voices, including civil society organisations and human rights defenders targeted. Lawyer Tony Germain Nkina, was sentenced to five years in prison as recently as June 2021. Several media outlets are still unable to operate due to restrictions. Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges.

    Armed clashes between members of the security forces, sometimes supported by the Imbnerakure, and members of armed groups, continue with increased attacks on civilians.

    In light of this, we reiterate our calls on the Council to renew the CoI’s mandate to ensure continued monitoring and documentation of the human rights situation. We call on the government of Burundi to fully implement the 2020 electoral and presidential promises on improving the human rights situation in the country.

    We thank you.

    Civic space in Burundi is rated as closed by the CIVICUS Monitor
  • Upcoming UN review critical moment for Malawi to address civic freedom gaps

    CIVICUS, the Centre for Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People (CEDEP) call on UN member states to urge the Government of Malawi to double its efforts to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 3 November 2020 as part of the 36th session of the Universal Periodic Review (UPR). 

    At the county’s second UPR five years ago, UN member states made 53 recommendations that directly related to civic space. Malawi subsequently committed to taking concrete measures to protect freedom of assembly by ensuring that relevant constitutional provisions relating to freedom of assembly are allowed to thrive without undue interference.  It also agreed to fully investigate all cases of harassment and intimidation of journalists and human rights defenders with a view to bringing the perpetrators to justice and to ensure the protection of human rights defenders. 

    In a joint submission to this UPR cycle, our organisations assessed the implementation of these recommendations and compliance with international human rights law and standards over the last five years. Since Malawi’s second UPR, the authorities routinely restricted freedoms of assembly, association and expression by violently dispersing peaceful protests, arresting human rights defenders and targeting independent media outlets.  These restrictions on fundamental freedoms increased substantively after the controversial elections of May 2019.  In the aftermath of the elections, human rights defenders were subjected to smear campaigns, judicial persecution and detention by the authorities.  

    “Human rights defenders are, particularly under threat. Member states should take this opportunity to make recommendations to support them, including by calling on the Government of Malawi to enact a long-overdue specific law for the protection of Human Rights Defenders,” said Gift Trapence, Executive Director, Centre for the Development of People.

    The June 2020 elections and the coming to power of a new government presents an opportunity for Malawi to reset its human rights record and place the respect for the rule of law and fundamental freedoms at the centre of government actions and policies. In our joint UPR submission, we expressed concerns over the use of the NGO Act (2000), the Penal Code and the use of other legislation which limit the operations of CSOs.  The increase in registration fees for CSOs provided for in the Non-Governmental Organizations (Fees) Regulation and the requirement for CSOs to submit a Memorandum of Understanding (MoU) with relevant government ministries and departments increase the administrative burdens on CSOs and restrict their abilities to respond to the needs of communities in an agile manner. 

    Restrictive provisions in the Penal Code and the Cyber Security Law adopted in 2016 were used to limit freedom of expression and target journalists, bloggers and media houses.  The Penal Code provided for prison sentences to those found guilty of “insulting” the Head of State while the Cyber Crimes law allows for the imprisonment of those who simply post “offensive” content. In addition, there were several instances where journalists were subjected to judicial persecution while others were attacked by state and non-state actors. 

    The Malawian authorities must do more to protect journalists from state and non-state actors and create an enabling environment for journalists and independent media outlets to report on issues affecting citizens without fear of intimidation or harassment.  In August 2020 for example, two journalists from the independent Mibawa Television Station were subjected to threats, harassment and smear campaigns following utterances they made on-air about the Covid-19 pandemic.  Other journalists were threatened under similar circumstances for comments made about the pandemic. 

    The Operationalization of the Access to Information (ATI) law is a move in the right direction and will ensure that journalists and citizens will have access to information from state actors.  The operationalization of the ATI should be followed by an annulment of restrictive provisions in the Penal Code and the Cyber Crimes Law to enhance freedom of expression and media freedoms. 

    “We are concerned that all of the recommendations Malawi accepted during the previous UPR review relating to journalists and human rights defenders have not been implemented. This highlights the need to reiterate to Malawi that its continued disregard of the rights of journalists and human rights defenders remains unacceptable.  It also highlights the need keep a close eye on the human rights situation in Malawi after the outcome of the review has been adopted to ensure compliance with the recommendations,” said Michael Kaiyatsa, Acting Executive Director of the Centre for Human Rights and Rehabilitation.  

    The examination of Malawi will take place during the 36th Session of the UPR. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council. 

    Civic space in Malawi is rated as ‘obstructed’ by the CIVICUS Monitor. 
  • Urgent call to release 19 detained members of the LGBTI community in Uganda

    CIVICUS calls on the Ugandan authorities to release 19 members of the LGBTI community who have been arrested on trumped up charges, under the pretext of curbing the spread of COVID-19.

    All 19 have been charged with, “committing a negligent act likely to spread the infection of disease,” and, “disobedience of lawful orders.” However, the Ugandan authorities have a history of targeting members of the LGBTI community:

    “The Ugandan authorities have a track record of targeting LGBTI activists and subjecting them to arbitrary arrest and detention. The arrests have nothing to do with violating COVID-19 social distancing rules, but are based on the state’s prejudice against the LGBTI community – this has been the case even before the COVID-19 pandemic. There is no justification for these arrests and the activists should be released immediately,” says Mawethu Nkosana, LGBTI Advocacy & Campaigns Lead, CIVICUS.

    “Detention centres and jails are congested places where the virus can easily spread. As we work together to curb the impact of COVID-19, we call for the immediate release of the 19 activists – they are at risk of contracting the virus and are not guilty of any crime.”

    Background

    On 29 March 2020, the Ugandan authorities raided the premises of Children of the Sun Foundation (COSF), an NGO in Kyengera, Wakiso district. This is a shelter for the LGBTI community. The authorities arrested 23 individuals and charged 19 for allegedly violating rules which prevent large gatherings to curb the spread of COVID-19.

    Four of those arrested, including a nurse at the shelter, were released on medical grounds. Restrictions on movement imposed by the Ugandan authorities on 30 March to curb the spread of the virus have hindered access to lawyers of the accused. Even when special permission was sought, on some occasions prison authorities prevented lawyers from accessing the detained activists.

    For more information on civic space violations, visit the Uganda country page on theCIVICUS Monitor.
  • Violent attacks on peaceful protests in the DRC: Civil society writes open letter to President Joseph Kabila

    One hundred and eighty-five civil society organisations from 33 African countries have written an open letter to President Joseph Kabila of the Democratic Republic of Congo (DRC) raising concerns over ongoing attacks on protestors and the targeting of human rights defenders.

    Recently, on 19 September 2016, security forces violently dispersed protests by citizens who criticised the failure of the electoral commission - Commission Electorale Nationale Independente(CENI) to meet the deadline for announcing the timeframe for the next elections.  The government announced that 17 people, including three police officers were killed during clashes although civil society and political observers argue that the figure is much higher. Several protesters also suffered from gunshot wounds.  
  • What future for civil society in Zimbabwe?

    By Teldah Mawarire and David Kode

    During the stand-off between the military and President Mugabe that led to his historic resignation, there was reason for hope. Zimbabwe's civil society must now re-invent itself to ensure this hope lives on.

    Read on: Open Democracy
  • Why are African countries undermining the rights bodies they created?

    DavidKode OpEd May2021

    By David Kode, Advocacy & Campaigns Lead at CIVICUS

    The 68th Session of the African Commission on Human and Peoples’ Rights (ACHPR) has just concluded. For civil society organisations, the commission provides an important forum where they can discuss human rights concerns and hold governments to account.

    The African Commission and the African Court on Human and Peoples’ Rights play a vital role in upholding fundamental freedoms; the court is the African Union’s continental human rights body, providing an alternative institution that citizens can turn to when they have exhausted all legal avenues in their country. 

    Regional human rights bodies such as the African Court issue judgments that support fundamental freedoms. Often these decisions overrule rulings made by governments, and in reaction there is now a noticeable trend of African states withdrawing after a decision goes against them and attacking the institutions they helped to create. 

    Read on Mail & Guardian

     
  • Worldwide attack on rights: over three billion people living in countries where civic freedoms are violated

    French | Spanish

    • Global impact laid bare by the CIVICUS Monitor, a new online research tool that rates civic space around the world and documents violations of rights
    • Governments shutting down civic space and shutting up dissenting voices

    Johannesburg, 24 October 2016 –More than three billion people live in countries where the rights to protest, organize and speak out are currently being violated according to the CIVICUS Monitor, the first-ever online tool to track and compare civic freedoms on a global scale.

    The new tool, launched in beta today by the global civil society alliance CIVICUS, rates countries based on how well they uphold the three fundamental rights that enable people to act collectively and make change: freedom of association, freedom of peaceful assembly, and freedom of expression.
  • Worrying legislation to restrict Nigerian civil society sector underway

    CIVICUS, the global civil society alliance and the Nigeria Network of NGOs (NNNGO) are deeply concerned about impending legislation to restrict freedom of association in Nigeria.

    Nigeria’s National Assembly is currently considering a bill to provide for “the establishment of the Non-Governmental Organisations Regulatory Commission for the Supervision, Coordination and Monitoring of Non-Governmental Organisations, Civil Society Organisations etc. in Nigeria and for related matters.” First introduced in July 2016, the bill has since passed through the second reading in the House of Representatives. The bill has now been referred to the Committee on CSOs and Development Partners for further legislative input.

    “The bill is in conflict with Nigeria’s Constitutional and international law obligations,” says Oyebisi Oluseyi, Executive Director of NNNGO. “We must instead strengthen civic space in Nigeria, as our sector’s role in finding solutions to the enormous challenges facing our nation cannot be overemphasized”.
  • Worrying rise in attacks on CSOs and the media in Mozambique

    To read this in Portugese, click here.

    CIVICUS is extremely concerned about the rise in attacks on civil society organisations (CSOs), academics and journalists in Mozambique. Several activists and members of the media have recently faced various forms of intimidation, including death threats, harassment, assassination attempts and arbitrary detention for criticising the governance system, corruption and vhuman rights violations.
  • Zambia: Guarantee human rights for all during elections period

    Ahead of the highly anticipated elections in Zambia tomorrow, global civil society alliance CIVICUS calls on the government of President Edgar Lungu to guarantee the rights of all Zambians and refrain from shutting down the internet during and after the elections. 
  • ZAMBIA: ‘Electoral practices seen so far do not indicate good lessons for the region’

    McDonald ChipenziCIVICUS speaks to McDonald Chipenzi, Executive Director of the Governance, Elections, Advocacy, Research Services (GEARS) Initiative and Chair of the NGO Council in Zambia, about the state of civic space ahead of the crucial general election being held on 12 August 2021.

    What is the state of civic space and media freedoms ahead of the elections?

    The civic and media space in Zambia remains fragile and has been shrinking due to legal restrictions. This has now been compounded by the outbreak of the COVID-19 pandemic and newly crafted rules and guidelines that have heightened restrictions on citizens’ freedom of movement and freedoms of association, peaceful assembly and expression. This has led to ineffective citizens’ participation in national affairs.

    COVID-19 rules and guidelines have compounded the already delicate and restricted state of the civic, media and political space in Zambia. These restrictions are the result of the selective application of archaic legislation such as the Public Order Act of 1955 and newly enacted laws such as the Cyber Security and Cyber Crimes Act of 2021, which is aimed at intercepting, monitoring and interfering with citizens’ conversations, correspondence and communications, even without a court order or warrant. This new law, viewed as aimed at shrinking virtual civic space, has instilled fear in citizens, deterring them from effectively engaging online. As a result, many have opted to remain silent or opted out of online platforms such as WhatsApp and Facebook.

    The media space also remains intimidated, harassed and cowed as a result of restrictive laws and the actions of ruling elites. The closure of Prime TV, a private television station, in March 2021, sent a chilling wave through the media community. Most of them now fear hosting critical voices and opposition leaders. They fear losing government advertising and other business opportunities. Those associated with the powers that be also distance themselves from those media houses giving platforms to critical voices.

    What are the main concerns of civil society in the lead up to the elections?

    Civil society’s main concern is the security of all stakeholders, as the police are not committed to providing security to all. The police have been reluctant to deal with the violence perpetuated by ruling party elites and have even been instrumental in it. The fear is that on election day, when some parties feel that they are losing in some polling stations, they may engage in disruptive activities to push for a re-vote, which may give them advantages. Another concern is the possibility of a shutdown of internet, mobile services and social media, especially after the vote, to try to black out results.

    A third concern is the COVID-19 pandemic, which was seen to have the potential to be spread by political parties had they held rallies. According to the Ministry of Health and the Electoral Commission of Zambia (ECZ), rallies were seen as potential superspreading events for COVID-19, and therefore they recommended a ban. This mostly affected the opposition while ruling party officials were busy campaigning in the name of launching and inspecting developmental projects.

    Note that ECZ constituted a task force on COVID-19 to develop guidelines that was dominated by government institutions. Out of 14 institutions represented, nine were in government with only three spaces for the media, and two for civil society organisations in gender and water and sanitation. To prevent violence and keep violence under control if it happens, civil society is engaging with the police, encouraging them to be more professional and ethical, and with political parties to provide leadership to their cadres. 

    Regarding the possibility of a media and internet shutdown, civil society organisations have sent petitions to the President of the Republic to refrain from shutting down the internet or social media during and after the elections. For the purpose of this election, the GEARS Initiative developed what it termed as the “Ing’ombe Ilede strategy” to allow for the collection of election results in an event of an internet shutdown. A common place has been designated for constituency and provincial coordinators involved in the election to share their documents without needing to meet with each other. This strategy is borrowed from the old trade tactics at a place called Ing’ombe Ilede in the Gwembe Valley of Southern Province in Zambia. We feel this strategy will help navigate the possible internet shutdown, which the government has already signalled.

    How is polarisation increasing ahead of the election, and what are the election’s likely impacts on social and political division?

    The election has polarised the country as politicians from the ruling party are now using regionalism and tribalism to win votes from their perceived strongholds. The impact of this will be deep divisions after elections, especially if the ruling party now wins the elections as it will marginalise those they feel did not support them during the elections. Already, the groups or regions perceived as strongholds for the biggest opposition party have been marginalised and discriminated against in terms of development and economic opportunities, including political positions in government.

    Employment and trading opportunities are also a preserve of those perceived to support the ruling party. Markets and bus stations are all in hands of ruling party supporters and not the councils. This has shrunk the civic space for many citizens who survive through trading in markets and bus stations as it has led to them adopting what they have termed the ‘watermelon strategy’, symbolic of a watermelon fruit which is green on the outside (the colour of the ruling party) and red on the inside (the colour of the opposition) in order to survive at these markets, bus stops, stations and taxi ranks. This situation may be escalated should the ruling party retain power.

    What is the state of the economy and how will this influence the choices of voters?

    The state of the Zambian economy is not pleasing but biting to many ordinary people. The local currency, the kwacha, has continued to depreciate against major convertible currencies. The cost of living has quadrupled and the cost of essential commodities is skyrocketing. The poor are barely managing to live while the ruling political elites are sleeping on top of money due to excessive corruption and abuse of state resources in the absence of controls and accountability. The poor eat in order to live rather than live in order to eat. This will have effect in the peri-urban areas of major cities like Lusaka and the Copperbelt towns.

    The rural population, on the other hand, may not be as badly affected by the state of the economy as most of them had harvested good crops during the past rainy seasons and further benefited from a scheme involving social cash transfers targeted at older and vulnerable people, which has now been converted into a campaign tool. In addition, rural voters tend to be conservative and vote for the traditional political parties preferred by their forefathers.

    Zambia has been known as a bastion of democracy in the region. What impact will this election have on democracy both in Zambia and the region?

    This election is key to the unfolding of a unique trend in the region on how elections can and will be handled. If it is handled very poorly and it results in chaos, it has potential to influence the region in a negative way, as the leaders of most Southern African Development Community (SADC) countries tend to copy from each other. This being one of the few elections held in the region during the COVID-19 pandemic after Malawi’s landmark election, Zambia has an opportunity to show the region that it remains the bastion of democracy in SADC.

    However, the practices seen so far do not indicate good lessons for the region. For instance, the cancellation of rallies and other campaign activities, mainly targeted against the opposition while the ruling party and public officials continue to run their campaigns, is a very bad lesson for democracy, fair competition and credible elections. The selective application of the electoral code of conduct by the electoral manager is also a very bad example for the region. Therefore, the region will have to cherry-pick the good lessons from the bad ones. However, most electoral institutions and political leaders are more inclined to cherry-pick the bad lessons and leave the good ones aside, since bad electoral practices benefit incumbents.

    What can regional and global civil society groups do to support Zambian civil society during this period of elections and after?

    Regional and global civil society have a larger role to play to ensure that peace prevails in Zambia and targeted intimidation and harassment of the civil society movement does not occur after elections. There is a need to keep a watchful eye over the post-election events, especially regarding manoeuvres to shrink civic space. With the election a few days away, on 9 August the Permanent Secretary of the Ministry of Information and Broadcasting, Amos Malupenga, issued a statement warning citizens that the government might shut down the internet ahead of the election, a direct threat to the enjoyment of citizens’ online freedoms of association, peaceful assembly and expression during and after the elections.

    The army and other defence forces besides the police have been deployed on the streets around the country on pretext of quelling any possible political and electoral violence, which can potentially be abused and undermine physical civic space. Therefore, physical and online civic and political space will constantly be under threat from the establishment during and after the elections, as it has been before.

    Civil society and critical media outlets are potential targets of post-election intimidation and harassment, hence the need for global and regional civil society to support civil society in Zambia with strategies to counter the reprisals that may be imposed on them by the state machinery after the elections. If the current government wins, its categorisation, marginalisation and discrimination of civil society organisations according to their real or perceived party affiliation will get worse after the elections.

    There will be need for solidarity strategies and legal funds to help those who may be incriminated and litigated against using archaic laws. There is need to continue challenging the existence of the Cyber Security and Cyber Crimes Law, the Public Order Act and the NGO Act. To this end, regional and global civil society needs to support, defend, promote and protect the civic and media space in Zambia before, during and after the elections.

    Civic space in Zambia is rated as ‘obstructed’ by the CIVICUS Monitor.

    Get in touch with GEARS through its Facebook page and follow @GearsZambia on Twitter.
  • ZAMBIA: ‘Our aim is to break societal biases against girls’

    CIVICUS speaks about the upcoming International Women’s Day and Zambian civil society’s role in advancing women’s and girls’ rights with Pamela Mateyo andMwape Kapepula, co-founders of WingEd Girls.

    Founded in 2021, WingEd Girls is a civil society organisation (CSO) focused on distributing sanitary materials and teaching girls in underprivileged communities how to make reusable pads, while educating them on personal and menstrual hygiene and mentoring them through post school career paths and choices.

    WingEd Girls

    How has the COVID-19 pandemic impacted on Zambian women and girls?

    The restrictions that the pandemic brought, confining people in their homes, greatly contributed to a rise in domestic and gender-based violence (GBV). Compared to 2019, the cases reported in 2020 increased by over 1,000 cases, affecting mostly women and children. 

    The pandemic also led to many businesses closing. Many of those were informal businesses dedicated to planning events or catering, thrift clothes shops, restaurants and marketplace stalls. Many were owned and run by women. As a result, households led by women were left in a very vulnerable position, often unable to access basic needs.

    At the start of the pandemic schools closed, leading to an increase in rape cases of girls staying at home. By the time schools reopened, many girls couldn’t go back because they were either pregnant or getting married, while others simply dropped out. In addition, focus on COVID-19 reduced access by women and girls to basic healthcare, including maternal care, HIV treatment and sexual and reproductive health care.

    How have civil society in general, and WingEd Girls in particular, responded to this situation?

    CSOs like World Vision worked in partnership with the government to ensure that while schools were closed children were still engaged in schoolwork, for instance by sponsoring radio and television programmes that taught children basic subjects.

    We founded WingEd Girls in the middle of the pandemic to respond to very urgent needs. But this also brought many challenges. The work we do depends on interaction with girls. However, as the number of people that could gather was restricted, it was very hard to reach out to schools and communities. To be able to do our work, we secured bigger spaces and engaged more peer educators to work with smaller groups of girls in breakout group sessions.

    The pandemic also made it difficult for us to get the funding we needed to conduct outreach and purchase sanitary materials for distribution. This was partly because prices increased, and also because we had to spend money on additional items, such as sanitisers, masks and handwash soap. Most of our donors also faced financial challenges and couldn’t donate as much as they would like, and this is a challenge we continue to face.

    For schools to reopen, a lot of CSOs, church-affiliated organisations such as the Salvation Army and local businesses donated hand sanitisers, masks, handwashing basins and soap. We helped ensure girls had access to basic needs to remain in school.

    Civil society also called on the government to lessen restrictions on public interactions so that small businesses could reopen as well.

    What are the main women’s rights issues in Zambia and how is civil society tackling them?

    Some major women’s and girls’ rights issues in Zambia are GBV, economic inequality and unequal access to quality education.

    According to African Impact, only about 31 per cent of girls in Zambia finish primary school, and only eight per cent complete secondary school. This is partly attributed to early marriages and pregnancies, but also to challenges such as lack of access to menstrual hygiene management products and facilities, especially in rural schools.

    Low levels of literacy make girls more vulnerable as they grow into women. Most of them don’t understand the rights they have as women, especially those concerning sexual and reproductive health.

    This also contributes to a lack of financial independence, which in turn makes women more susceptible to GBV. Limited education means limited access to business opportunities and funding. Many women are not able to draft a business plan, which is required to get a loan. Most lending institutions also require collateral, which most women don’t have, as they typically don’t own property. All this puts them at an economic disadvantage and increases their vulnerability.

    There is a cultural trend for women to get just the bare minimum level of education and then become homemakers. Systems are not built to accommodate even the few who may want to take a different path.

    Civil society works with government and communities to tackle these issues and bridge these gaps. Many CSOs, including WingEd Girls, support girls in different ways so they stay in school. We have a project to train girls to make reusable pads. The Salvation Army drills boreholes and builds toilets in rural schools. Copper Rose Zambia teaches girls about menstrual hygiene management and sensitises women on GBV and sexual and reproductive health and rights. Other CSOs, such as Africa Leadership Legacy, help women acquire business, financial and leadership skills. These efforts have inspired the government to take further action to support women and girls, and there are now government programmes to empower women, encourage women to establish businesses and provide greater access to education, especially in rural areas.

    How can gender equality be achieved in Zambia and what is being done to that effect?

    At WingEd Girls we believe that for real change to happen there needs to be an intentional change in direction, especially by the government. There is a need to mainstream gender policies and create awareness among girls and women of their rights.

    Some policies to that effect already exist, but institutions seem to lack the motivation to implement them. Other policies are non-existent, and the government must put them in place. Policies around land ownership, access to education, gender-specific healthcare and access to business opportunities and financial assistance should be mainstreamed. Specific budget lines should be established to ensure an equal access to resources. More awareness programmes are needed to help women and girls learn about their rights and ways to access resources or assistance.

    As GBV rose, church bodies and CSOs such as Zambia National Women’s Lobby have called on the government to take quick action. The government responded by promising it would establish fast-track courts for GBV cases, put in place policies and legislation to combat GBV and build shelters for GBV victims within communities. They in turn called on civil society to join in efforts to ensure anti-GBV services were made easily available for victims or potential victims.

    To keep girls in schools, the government has recently included funding in the national budget to distribute sanitary towels in all schools across the country. But this has not made civil society stop its own work in that regard. WingEd Girls and other CSOs see a potential for partnering with the government and will continue to distribute menstrual hygiene management resources to girls.

    To support female-led households, the government has partnered with the World Bank. Through a World Bank-funded project, Girls’ Education and Women’s Empowerment and Livelihood, it will help women access seed money to start businesses and access farm inputs. Lending institutions are also being encouraged to re-evaluate their loan access requirements to accommodate more women.

    The International Women’s Day (IWD) theme for 2022 is #BreakTheBias. How have you organised around it in the communities you work with?

    For IWD we organised a school outreach in a rural district of Zambia’s Southern Province. We moved it to 11 March because 8 March is a holiday and children will be off school that day. As usual, the event will include menstrual health hygiene talks and career mentorship sessions. We will distribute WingEd kits’,a package containing reusable and disposable pads, underwear, washing soap, and painkillers.

    We have partnered with several organisations, including Africa Leadership Legacy, which will conduct talks about leadership and financial skills, and Toy-lab, an organisation led by a group of medical doctors who will talk about menstrual hygiene management. To inspire the girls with business ideas, a local business leader will also come to talk to the girls. Peer educators from Mike’s New Generation Version will also be part of the team.

    Our aim is essentially to break the bias that society and communities have against girls, starting with access to education and career choices. In line with Sustainable Development Goal 4, we want to ensure girls have access to quality education despite the various challenges they face, including menstruation. We hope the mentorship we provide will enable them to choose career paths based on their passions and interests.

    They shouldn’t have to choose a career because it is deemed suitable or ‘easy’ enough for a girl. What they really need is help to overcome challenges and exposure to information about the variety of career options available to them.

    Civic space in Zambia is rated ‘obstructed’ by theCIVICUS Monitor.
    Get in touch with WingEd Girls through itsFacebook andInstagram pages. 
  • ZAMBIA: ‘The abolition of the death penalty is a victory for civil society calling for respect of the right to life’

    MacdonaldChipenziCIVICUS speaks about Zambia’s recent abolition of the death penalty and the role played by civil society with Macdonald Chipenzi, outgoing Executive Director of the Governance, Elections, Advocacy, Research Services (GEARS) Initiative Zambia, a civil society organisation (CSO) that promotes democracy and electoral integrity.

    What led to the recent decision to abolish the death penalty in Zambia?

    Though the issue of the death penalty has been controversial and divisive in Zambia for some years now, and some people wanted to keep it on the statute books, there were various reasons behind the government’s decision to abolish it.

    First, since Zambia was declared a ‘Christian Nation’ in 1992, only one execution of a death warrant was done, in 1997 by then-president Fredrick Titus Jacob Chiluba. Since then, no president has been willing to sign a death warrant for any convict condemned to death. Another president, Levy Patrick Mwanawasa, even vowed never to sign any such warrant because he did not want human blood on his hands. The abolition of the death penalty was necessary both for consistency with the declaration of Zambia as a ‘Christian Nation’ whose belief in the Bible is unequivocal and to keep up with regional and global trends.

    Second, Zambia committed to abolishing the death penalty in the course of its successive Universal Periodic Review (UPR) examinations at the United Nations Human Rights Council (UNHRC), the latest of which took place in 2017. Several donor missions repeatedly reminded the state of Zambia that it must do away with death penalty and several meetings were attended in Geneva by successive Ministers of Justice on the same matter. Arguably, the desire for Zambia to have a tangible presentation on its commitments to the UNHRC to offer at the next UPR session, slated for later this year, explains the speed at which the abolition process has proceeded.

    Third, there was consistent advocacy from a majority of civil society towards the abolition of the death penalty to comply with the principle of respect for the right to life enshrined in our constitution. The constitution has not been amended because this would require a referendum, but the elimination of the death penalty from the Penal Code means no court will be able to issue a death sentence and the highest sentence for those convicted of capital offices will be life imprisonment.

    The development is therefore a victory for the CSOs that have been consistent in calling for the abolition of the death penalty and for respect of the right to life in Zambia. The death penalty was in contradiction to both the provision on the right to life in the constitution and the ethos of Zambia as a Christian Nation. However, there remains the gigantic job of removing the death penalty from the constitution – which is important to do, because if one day the country is led by a bloodthirsty leader they could still apply it if they find a constitutional provision allowing it.

    How has civil society, and GEARS Initiative in particular, advocated for the abolition of the death penalty?

    We found the basis to anchor our advocacy work for the abolition of the death penalty in the decades-long practice by Zambian presidents of refusing to sign death warrants against convicts sentenced to death. This made the death sentence clause of the constitution redundant and strengthened the position of human rights and pro-life CSOs.

    Advocacy took the form of submissions to Constitutional Review Commissions and the African Union’s African Peer Review Mechanism as well as position papers presented at local and international meetings such as the UPR sessions where the Zambian government was present. CSOs also made presentations and submissions at international forums and had one-on-one meetings with foreign missions of countries that had abolished the death penalty and with those of states concerned with human rights, such as the European Union, the UK and the USA.

    UPR sessions and pre-sessions and parallel events, including a recent one that GEARS Initiative was able to attend with support from CIVICUS, were used as a platform to advocate for the repeal of the death penalty. The creation of a critical mass of human rights CSOs synergised partnerships for joint and consistent advocacy activities that helped build momentum and compelled the government to act. It was also very crucial to build working synergies with local and international media to disseminate advocacy initiatives.

    What are the next steps in your work?

    There are a number of remaining repressive or archaic laws that should be repealed, reviewed or amended. These include the Public Order Act (1955), the NGO Act (2009), the Cyber Security and Cyber Crimes Act (2021) and the Contempt of Court Law, which is part of the Penal Code, among others. Except for the latter, the rest are already under review, with draft bills ready to be presented before the National Assembly. The Public Order Act, for instance, is being replaced with a Public Gatherings Bill.

    Our next steps are to continue advocating for a speedy legal review process of these repressive laws by undertaking public engagement and media activities, auditing obnoxious sections of these laws and submitting our reports to state authorities and other stakeholders, including the media, CSOs, donor communities and parliamentarians. This may entail hiring legal consultants to do desk reviews, identify the sections that need to be replaced and recommend alternatives that are justifiable from the perspective of a democratic society. This, will of course, require the investment of more technical and financial resources.

    What kind of support do you need to continue doing this work?

    Last year, GEARS Initiative received short-term financial and technical support from CIVICUS and two US-based organisations – the International Center for Not-for-Profit Law and the National Democratic Institute – to conduct legal analyses of the NGO Act, the Cyber Security and Cyber Crimes Act and the Public Order Act and report back on what and why they needed to be repealed or replaced. The negative impact of the continued existence of these laws was analysed and shared, not only with media and civil society, but also with citizens, including in local and rural communities.

    But for 2023, GEARS Initiative has not yet secured any support for its advocacy work towards the repeal of repressive laws. All our projects had short-term funding that ended in 2022, and had visible positive impact: they kept the government on its toes and pushed it to close the year with draft bills that it promised to table before the National Assembly in its first session starting in February 2023. GEARS Initiative was included in the Technical Committee on repeal and replacement of the Public Order Act and was further requested to make submissions on the review of the NGO Act and the Cyber Security and Cyber Crimes Act.

    GEARS Initiative will need financial and technical support to be able to sustain the advocacy activities it embarked on in 2022. In collaboration with like-minded CSOs, GEARS Initiative wants to continue reviewing the various repressive laws that restrict civic and democratic space in Zambia, conducting community, stakeholders’, media and government engagement around the findings of those reviews, and advocating for the replacement of obsolete or repressive legislation.

    Civic space inZambia is rated ‘obstructed’ by the CIVICUS Monitor.

    Get in touch with GEARS Initiative through itsFacebook page.

Página 11 de 12

civicus logo white

CIVICUS es una alianza global que reivindica el poder de la sociedad civil para crear un cambio positivo.

brand x FacebookLogo YoutubeLogo InstagramLogo LinkedinLogo TikTokLogo BlueSkyLogo

 

SUDÁFRICA

25  Owl Street, 6th Floor

Johannesburgo
Sudáfrica
2092

Tel: +27 (0)11 833 5959


Fax: +27 (0)11 833 7997

UN HUB: NUEVA YORK

CIVICUS, c/o We Work

450 Lexington Ave

Nueva York
NY 10017
Estados Unidos

UN HUB: GINEBRA

11 Avenue de la Paix
Ginebra
Suiza
CH-1202

Tel: +41 (0)79 910 3428