human rights

Cameroonian Government Accused of Additional Human Rights Violations

By: Katherine Davis

Impunity Watch Staff Writer

YAOUNDE, Cameroon – On March 30, 2020, Human Rights Watch (HRW) raised concerns about human rights violations in Cameroon in a shadow report to the African Commission on Human and Peoples’ Rights (ACHPR). The report highlights violations of arbitrary arrest, detention, torture, and other ill treatments; the right to life, the right to equal protection under the law, and violations of freedom of speech and assembly, all of which were not included in the 6th Periodic Report of Cameroon (“the Report”). HRW urges the ACHPR to consider these violations during its 66th Ordinary Session for the discussion of the Report.

Cameroon Renaissance Movement members march in protest of arbitrary arrests. Photo Courtesy of Joel Kouam, BBC News, Pidgin.

In early 2019, Cameroonian security forces arrested hundreds of members of the Cameroon Renaissance Movement, including their leader, Maurice Kamto, his closest advisors, and hundreds who joined in protest. These individuals were denied access to their attorneys and then charged “with a number of offenses including hostility against the homeland, threats to public order and rebellion.”

HRW says the Report makes no mention of these arbitrary arrests and detentions or of the violent dispersals of demonstrators. According to the shadow report, “the government of Cameroon failed to uphold those freedoms for opposition members arrested during and following peaceful demonstrations.”

In addition to the depravation of basic legal rights, HRW has also notes various human rights violations by the government of Cameroon. Since late 2016, security forces have been killing civilians, burning dozens of homes and villages, and torturing and detaining individuals to extract confessions regarding opposition forces. None of which was reported to the ACHPR by the Cameroonian government, according to HRW.

“Cameroon has submitted 6 reports in the last 18 years. Cameroon’s 6th period report fails to provide any comprehensive account of efforts to mitigate further abuses by security forces against civilians and to ensure that military operations are conducted with respect for human rights,” writes HRW.

HRW urges the government of Cameroon to promptly investigate these allegations, to develop and implement safeguards in accordance with the African Charter on Human and Peoples’ Rights, and to provide appropriate medical care to victims of torture. They also strongly encourage ACPHR to consider the absence of these violations in their upcoming discussions during the 66th Ordinary session.

Originally scheduled to begin on April 22, ACHPR’s 66th Ordinary Session has been tentatively rescheduled for May/June 2020 due to the global COVID-19 pandemic. As of April 11, 2020, the ACHPR has not commented on HRW’s allegations.

For further information, please see:

Human Rights Watch – Shadow Report to the African Commission on Human and Peoples’ Rights in Response to the 6th Periodic Report of Cameroon – 30 Mar. 2020

African Commission on Human and Peoples’ Rights – Cameroon: 4th – 6th Periodic Report, 2015 – 2019 – 3 Jan. 2020

BBC News, Pidgin – Opposition say Cameroon Police Arrest About 100 Party Mimbas wey March – 2 Jun. 2019

The Guardian – Hundreds of Opposition Members Arrested in Cameroon – 4 Jun. 2019

African Commission on Human and Peoples’ Rights – Press Statement of the African Commission on Human and Peoples’ Rights on the postponement of the 66th Ordinary Session in light of the global Coronavirus (COVID-19) pandemic – 17 Mar. 2020

Human Rights Violations in Tehran as COVID-19 Continues to Spread

By: Dianne Jahangani

Journal of Global Rights and Organizations, Associate Articles Editor

TEHRAN, Iran – The world is currently at war. For the first time in history, all 195 nations have the same exact enemy. The only caveat is that this time, the enemy is invisible, which makes defeating it so much more difficult.

It seems as though the world has been put on pause. For the past few weeks, every single headline on every single news outlet is about COVID-19, ranging from how many people have been infected to how many people have died, or what progress has been made on finding a cure and what the United States government is currently doing to combat the unforeseen effects of this virus.

One would think that in a time of grief, nations would come together to help fight this virus. However, human rights violations have not subsided; in fact, some may argue they have gotten worse.

History has demonstrated that even if a leader is deemed to be unfavored, during times of war, the people will always support him to defeat the enemy, since many naturally look to their leader to protect them. However, in many cases, the leader does not act in the best interest of the people or the public, which leads to a significant increase in human rights violations. In fact, statistically speaking, during times of war, human rights violations typically exceed the average amount. This phenomenon is exactly what is currently occurring in Iran.

On March 31, the United Nations released a statement stating that history has shown that the effects of sanctions against a country include dramatic and detrimental impacts on economic, social, and cultural rights. The statement further emphasized that economic sanctions need to be lifted to prevent hunger crises in countries that have been hit hard by COVID-19.

Iran has become one of the worst effected countries by this pandemic, reporting over 58,000 cases and 4,000 deaths. Additionally, Iran is subject to many sanctions imposed by the United States, which further causes Iran’s economy to suffer. With this new outbreak, the United States does not have any plans to release Iran from its sanctions; however, understanding the reality of the difficulty COVID-19 has imposed on all countries, the United States has indicated that it would be more than willing to assist Iran in this time of crisis. Yet, on March 22, the government of the Islamic Republic of Iran vocally expressed its strong opposition towards receiving aid and resources from foreign nations such as the United States, but still requested that the U.S. remove its sanctions. This refusal by Iran demonstrates the lack of political leadership within the country, further exacerbated by the rising death toll and number of cases increasing exponentially each day.

According to the Health Ministry, “one person dies in Iran every 10 minutes from the coronavirus, and someone is infected every 50 minutes.” Iran does not have enough medical supplies or resources to combat this virus on its own. By refusing to accept aid during the peak of the pandemic, the Iranian government is leaving its people vulnerable to the virus. This is a significant human rights violation.

According to the World Health Organization, international human rights law guarantees “everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it.” The Iranian government’s actions are directly contradicting the words of the World Health Organization. The number of infected and dead continues to rise in Iran due to the Supreme Leader and his affiliates pushing conspiracy theories, rather than analyzing concrete data to resolve the pandemic. In many of his public statements, Ayatollah Ali Khameni blames the U.S. for the outbreak of COVID-19, despite Secretary of State Mike Pompeo stating in a White House briefing that “the whole world should know that humanitarian assistance to Iran is wide open … they’ve got a terrible problem there and we want that humanitarian, medical assistance to get to the people of Iran.”

Khameni publicly commented on his refusal to accept aid and medication, stating that he believes the virus is naturally structured to further spread amongst the Iranian people.

The Iranian government is violating human right laws as it continues to deprive its people of basic necessities such as medications, proper hospital care, and other such medical supplies. The fact is that people are dying every 10 minutes, and the government continues to deny foreign aid. The Iranian people have the right to life and the government is infringing upon this right.

For further information, please see:

Aljazeera – Trump grilled on punishing Iran sanctions amid coronavirus crisis- 3 Apr. 2020

Aljazeera – Iran leader refuses US help; cites coronavirus conspiracy theory – 23 Mar. 2020

France 24 – Iran’s Khamanei refuses US help to fight coronavirus, citing conspiracy theory– 22 Mar. 2020

TIME – Iran Leader Refuses U.S. Help to Fight COVID-19, Citing Conspiracy Theory – 22 Mar. 2020

The Philadelphia Inquirer – Iran leader refuses U.S. help, citing coronavirus conspiracy theory – 22 Mar. 2020

Human Rights Watch – Human Rights Dimensions of COVID-19 Response – 19 Mar. 2020

Business Insider – The coronavirus has caused a full breakdown in Iran, with an unknown death toll, infected leaders, and massive burial pits visible from space – 17 Mar. 2020

Depreciating Human Rights Conditions in Zimbabwe

By: Eronmwon Joyce Irogue

Impunity Watch Staff Writer

HARARE, Zimbabwe – Since the reelection of Zimbabwe President Emmerson Mnangagwa in July 2018, human rights conditions in the country have deteriorated. In September 2019, the United Nations Special Rapporteur on the rights of freedom of peaceful assembly and of association fact-finding mission discovered a “serious deterioration of the political, economic and social environment.” Even after supposed legal reforms, Zimbabwe continues undeterred on its path of human rights violations.

On March 4, 2020, the United States extended its restriction on several senior Zimbabwean government officials for another year. The United States referenced the extant human rights oppression by the government against critics as one of its reasons and urged for a more tenable reform. This extension occurred one month after the European Union commented on the “deteriorating humanitarian crisis” in Zimbabwe.

Human rights violations have allegedly been committed by the Zimbabwean security forces. Specifically, they have used force against peaceful protesters. In August 2018, the security forces used deadly force against post-election protesters where 6 people died and thirty-five were injured. In mid-January 2019, the security forces used brutal force against protesters of the President. There, seventeen people died, seventeen women were raped, eighty-one people were injured, and over a thousand protesters were arrested. After the incident, the government shut down social media and the internet on January 15 and only restored social media and internet access on January 21 after a ruling by the Harare High Court. The Zimbabwean government relies on the authority on “subverting a constitutional government” contained in Section 22, Criminal Law (Codification and Reform) Act to punish individuals suspected of organizing protests.

Zimbabwe remains a party to the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, as well as the African Charter on Human and Peoples’ Rights. The ability of the human rights conditions in Zimbabwe to continue to deteriorate despite the country’s status as a signatory indicates that these instruments may lack importance in the region. Increased awareness and compliance with these human rights covenants is required if there is to be growth and stability in Zimbabwe and likewise in other African countries. As is apparent from the reports, continuous human rights violations contribute to both economic and political setbacks.

For further information, please see:

Human Rights Watch – Rampaging Rights Violations Despite Lukewarm Reform – 20 Mar. 2020

Human Rights Watch – World Report 2020

Human Rights Watch – UN Expert “Shocked” By Abuses In Zimbabwe – 27 Sept. 2019

Coronavirus Protections Threaten Human Rights in Panama

By: Elizabeth Wright

Impunity Watch Staff Writer

PANAMA CITY, Panama – Like other countries around the world, Panama has implemented measures to prevent the spread of the coronavirus. Over the past few weeks the country has passed several different measures that require citizens to remain in their homes, impose a mandatory 14-day quarantine for those entering the country, and limit purchasing goods. Additionally, on March 13, President Laurentino Cortizo announced that the country was under a state of emergency.

While declaring a state of emergency might seem standard given the current situation, concerns have been raised regarding the freedom of Panamanian citizens. Professor of Law Antonio Bernal has expressed concern with the lack of restriction and direction in Panama’s constitution regarding the scope of a state of emergency. The Inter-American Court of Human Rights has expressed similar concerns. The Court has stated that the constitutional provisions used to justify the state of emergency have the potential to violate fundamental human rights.

Countries within the Court’s jurisdiction voluntarily agree to its terms, so if the Panamanian government were to decide to issue laws which violate the basic human rights of Panama’s citizens, the Inter-American Court of Human Rights would likely intervene. The Court would first advise the government of appropriate changes and then, if the Court deemed that the country failed to make the appropriate changes, the Court would initiate a further measures against the country.

Bernal explains that while the current state of emergency seems protective, the government may begin to create laws without any oversight. For example, like in the United States, the Panamanian government decided to restrict all prison visitations. Bernal claims that this practice may be a human rights violation.

However, Juan Carlos Araus, President of Panama’s Bar argues that the state of emergency is the most appropriate way for the government to act in this situation because it expedites the law-making process. Araus concedes that the state of emergency does temporarily “suspend constitutional guarantees,” but that it is currently necessary due to the virus’ fast spread.

The upcoming weeks will be difficult for Panama and other countries around the world as they struggle to contain the spread of coronavirus. Each of these countries should be mindful of the fundamental rights of its people while making policies which are intended to protect their citizens’ health.

For further information, please see:

Reuters – Panama Imposes Full-Day Curfew, Guatemala Extends State of Emergency – 24 Mar. 2020

The Tico Times – Panama Restricts the Entry of Foreigners to the Country – 16 Mar. 2020

Westlaw – Corona Virus and State of Emergency – 14 Mar. 2020

Lexology – The Government of Panama Decrees State of National Emergency Due to the Coronavirus – 6 Mar. 2020

ICC Presidency Sets Chamber for Yekatom and Ngaïssona Trial

By: Andrew Kramer

Impunity Watch Staff Writer

THE HAGUE, The Netherlands – On March 16, 2020, the Presidency of the International Criminal Court (“ICC”), the administrative organ of the ICC, issued a decision constituting Trial Chamber V. This decision referred the case of The Prosecutor v. Alfred Yekatom and Patrice Edouard Ngaïssona to Trial Chamber V.  The Presidency appointed Judge Bertram Schmitt, Judge Péter Kovács, and Judge Chang-ho Chung to oversee the trial. 

Patrice Edouard Ngaïssona (left) and Alfred Yekatom (right) in pretrial proceedings before the ICC. Photo Courtesy of the International Criminal Court.

This decision follows a relatively short pre-trial phase in which two separate cases were brought before Pre-Trial Chamber II on November 23, 2018 (Yekatom), and January 25, 2019 (Ngaïssona).  On February 23, 2019, Pre-Trial Chamber II joined the cases in order to enhance the fairness and expeditiousness of proceedings, reduce the duplication of evidence, and eliminate inconsistency in presentation.  It is not uncommon for the pre-trial phase of some cases to last several years. 

On December 11, 2019, Pre-Trial Chamber II partially confirmed the charges of war crimes and crimes against humanity brought against Yekatom and Ngaïssona.  The two militia leaders from the Central African Republic (“CAR”) are accused of being involved in a widespread attack on the Muslim civilian population of the country between September 2013 and December 2014.  Among other crimes, Yekatom and Ngaïssona are specifically accused of murder, rape, intentionally directing an attack against a building dedicated to religion, forcible transfer of population and displacement of the civilian population, severe deprivation of physical liberty, cruel treatment, and torture.

This case has presented unique challenges for the ICC.  In a previous pre-trial appeal, The Prosecutor requested additional time to gather witnesses because this case is larger than most that the ICC has previously handled. Larger cases tend to require more witnesses, which in turn requires more protective measures, and more information to review.  However, as the Court noted, the security situation in the CAR is particularly unreliable, and the issue of witness protection has influenced the process of gathering evidence.  For example, the Court has conditioned the authorization of arrest warrants on whether witnesses could be adequately protected.

Moving forward, Trial Chamber V will hold status conferences, confer with the parties and participants, set the trial date, and determine the procedures necessary to facilitate fair and expeditious proceedings.  At trial, the Prosecution must prove the guilt of the accused beyond a reasonable doubt.  There is no separate jury in the ICC; the three judges issue a verdict, and if guilty, a sentence. 

For further information, please see:

International Criminal Court – Case Information Sheet: Situation in Central African Republic II – 17 Mar. 2020

International Criminal Court – Yekatom and Ngaïssona case: ICC Presidency constitutes Trial Chamber V – 17 Mar. 2020

Coalition for the International Criminal Court – ICC Pre Trial Chamber II confirms charges against Alfred Yekatom and Patrice-Edouard Ngaïssona – 17 Dec. 2020