Africa Rights Watch

Christopher Jones v. Tanzania Reparations Ruled On

By: William Krueger

Impunity Watch Staff Writer

ARUSHA, Tanzania – On October 1st, 2002 Christopher Jones and Erasto Samson were alleged to have stolen valuables from Habibu Saidi and assaulted him with a machete strike to the face. Jones was a second-hand clothes street trader in Dar es Salaam, Tanzania.

Image of the African Court on Human and People’s Rights. Photo Courtesy of the African Court.

After a trial in the Morogoro District Court, Jones and Samson were found guilty of the charges on February 13th, 2004, and were both sentenced to thirty years in prison and twelve cane strokes, a form of corporal punishment. Jones had filed appeals for his conviction to the High Court of Tanzania on February 26th, 2004 but was dismissed. Jones then filed with the Court of Appeal of Tanzania on September 21st, 2005. The Court of Appeal of Tanzania responded on March 27th, 2009 by amending his sentence to remove the twelve cane strokes but otherwise denying action on his thirty-year term of imprisonment.

Jones had alleged to the African Court on Human and Peoples’ Rights in an application received by the Court on May 11th, 2015 that he was wrongly convicted of the offense against Habibu Saidi as the victim incorrectly identified some of the stolen items. Jones argued that the applied sentence was incorrect because the statute used in his conviction was amended in 2004 to allow a sentence of thirty years. Finally, Jones alleged that the United Republic of Tanzania failed to provide him with counsel or any form of legal assistance as promised under the 1977 Constitution of the United Republic of Tanzania. For the injustices Jones alleges to have suffered he asks for his guilty verdict to be reversed, to be immediately released from prison, and to issue Tanzania to pay an order of reparations.

Tanzania’s response to the Court states that Jones has not invoked the jurisdiction of the court and should be dismissed. Tanzania goes further and says that even if jurisdiction was invoked then Jones’ complaint should be dismissed for being inadmissible under Rules of the Court and that the Court itself has no jurisdiction to compel Tanzania to release Jones from prison via order. Tanzania asks for the Court to find that its treatment of Jones did not violate the African Charter on Human and Peoples’ Rights and the 1977 Constitution of the United Republic of Tanzania. Tanzania also requests that the court find Jones’ sentence to not be excessive or discriminatory.

In the final judgment of the case by the Court, it found that Jones was not wrongly convicted as there was testimony by multiple witnesses beyond Habibu Saidi and he was apprehended on the scene of the robbery by authorities. On the allegation that Jones was not provided legal assistance by Tanzania, the Court found that Jones was never offered legal aide and thus Tanzania had violated Article 1 and 7 (1) (c) of the Charter. The Court ruled that Jones’ thirty-year sentence for armed robbery was correct as Tanzania had allowed a minimum sentence of thirty years for armed robbery since 1994. The Court ruled that Jones would be able to seek reparations for the failure of Tanzania to provide him with legal assistance.

On September 25th, 2020 the Court released its ruling on the reparations for Jones. Jones was not ordered to be set free as his conviction was found to be just by the Court. The only reparation to be granted to Jones was 300,000 Tanzanian Shillings for not being granted legal aid by Tanzanian authorities.  

For further information, please see:

African Court on Human and Peoples’ Rights – Judgment (Reparations) – 25 Sept. 2020

African Court on Human and Peoples’ Rights – Judgment Summary – 25 Sept. 2020

African Court on Human and Peoples’ Rights – Judgment – 28 Sept. 2017

Yacouba Traore’s Case Dismissed by the African Court

By: William Krueger

Impunity Watch Staff Writer

ARUSHA, Tanzania – On February 20, 2018, Yacouba Traore filed an application before the African Court on Human and Peoples’ Rights against the Republic of Mali alleging a violation of his rights to “respect for life and physical and moral integrity” and “work under fair and satisfactory conditions” as granted to citizens under the jurisdiction of the Court in section 4 and Article 15 of the Charter respectively.

The Eleven Honorable Justices of the African Court on Human and Peoples’ Rights Seated Outside of the Courthouse. Photo Courtesy of the AfCHPR.

 

The allegations stem from what Traore alleges was an unfair dismissal on August 31, 2012, from his position as a Chief Chemist with ANALAB Exploitation, a company that is a member of the ALS Mali SARL Laboratory Group. Traore stated that he was not classified in a category that responded to his profession and was underpaid for his work. Traore made claims to be reclassified but was met with retribution, one such act being sent to work in Bamako for training. While Traore worked in Bamako he continued to face acts of retribution cumulating in being summoned before a disciplinary board, being laid off, and having his work obstructed by coworkers at the employer’s request.

Traore first attended the Bamako Labour Court as he alleged that his dismissal violated Article L 277 of the Labour Code where his position required that an employer seek authorization from the Regional Director of Labor before dismissing him. The Bamako Labour Court ruled that his dismissal was unlawful on January 7, 2013, but saw no further action taken against his employer. The case would rise up to the Supreme Court of the Republic of Mali who would remand the case to the Bamako Court of Appeals on the basis there was a failure to recognize Traore’s rights. Traore had also filed a complaint with the Bamako Public Prosecutor on February 22, 2017, alleging forgery by the former National Director of Labour, the former Regional Director of Labour in Bamako, and an employee of a Bamako labor service who he believes was involved in his dismissal from ANALAB Exploitation. However, the Public Prosecutor of Bamako dismissed these complaints as the office believed there had been no violation of criminal law. Traore requested that he receive reimbursement for contributions to social security, payment of eighty million CFA francs in damages in accordance with a letter filed with the Bamako Labour Court, the remaining eight million CFA francs of a housing bonus, reimbursement of medical costs stemming from treatment of his spouse and children, payment of one million CFA francs for overtime, and the issuance of a work certificate. The Republic of Mali requested the Court declare the Application as inadmissible and baseless and for Traore to pay his own court costs.

The Republic of Mali objected to Traore’s application on the basis that Traore had failed to exhaust local remedies before filing with the Court. The Republic of Mali argued that Traore failed to produce any evidence illustrating his exhaustion of local remedies, having only provided copies of decisions. Upon investigation, the Court found that the Supreme Court of the Republic of Mali overturned a judgment on September 12, 2017, and referred it back to the Bamako Court of Appeals which led to his win in Bamako Labour Court. However, Traore never saw action taken against his employer because he had filed his application well before the case was decided in a local remedy. Thus, the Court had found that Traore’s application did not comply with Article 56 of the Charter and Rule 40.

Specifically, Traore’s application failed to comply with Article 56.5 and Rule 40.5 as both require an applicant to only file after an “exhaustion” of local remedies. In a unanimous decision, Traore’s application was found inadmissible and was dismissed.

For further information, please see:

African Court on Human and Peoples’ Rights – African (Banjul) Charter on Human and Peoples’ Rights – 27 June 1987

African Court on Human and Peoples’ Rights – Judgment (25 Sept. 2020) – 25 Sept. 2020

African Court on Human and Peoples’ Rights – Rules of Court – 2 June 2010

Police Brutality Protests in Nigeria Continue Despite Being Met with Further Violence

By: Hannah Bennink

Impunity Watch Staff Writer

LAGOS, Nigeria – On October 8th, 2020, protests broke out across 21 states in Nigeria and in other countries around the world in response to a video posted online showing the Nigerian Special Anti-Robbery Squad (SARS) shooting a man they had forcibly removed from a hotel. The overwhelmingly peaceful protests have been met with continued violence by authorities which continues to escalate.

Abuja, the Nigerian capital – #EndSARS Protests in Nigeria Continue Despite Being Met With Police Brutality and Violence. Photo Courtesy of BBC.

Police have used tear gas, water cannons, and live ammunition rounds on protestors.  Gangs that politicians turn a blind eye to or support financially, commonly referred to as sponsored gangs, have also been perpetuating violence against protestors. Hundreds of protestors have been injured and at least 10 are dead, including a 17-year-old who was allegedly tortured to death on Monday.

The Nigerian Government announced on October 11th, 2020, that it would disband the SARS unit which has had been implicated in widespread human rights violations including torture, extortion, and extra-judicial killings since its creation in 1992. The government announced that it will replace the SARS unit with the Special Weapons and Tactics team (SWAT) and that former SARS agents would be ineligible to join. The training of the SWAT team will include instruction on humanitarian laws, police conduct in conflict, and human rights in the use of force, arrest and detention by the International Committee of the Red Cross (ICRC).  

Senate President Ahmad Lawan has called for the protestors to stand down in light of the steps already taken by the government, and due to concerns regarding COVID-19; however, protests show no sign of ending. The protestors are now calling for the release of arrested protestors, justice and adequate compensation for the victims of police brutality at the protests, and the prosecution of the suspected responsible parties.

Amnesty International released a statement on October 15th calling for Nigeria to ensure police were complying with international human rights standards on policing, in particular the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Contrary to the government’s multiple commitments to ending human rights violations in the past, Amnesty International has documented at least 82 cases of torture, ill-treatment, and extra-judicial executions in the country between January of 2017 and May of 2020.

The African Commission on Human and Peoples’ Rights released a press statement on October 13th, 2020, expressing concern regarding the excessive use of force by police against the SARS protestors. While the Commission welcomed the dissolution of the SARS unit, it emphasized that the abuses in Nigeria were not unique to SARS and ultimately called on the government to initiate overall reforms to address gaps in policies and laws regulating police conduct.

Violence continues to escalate in Nigeria following the shutdown by protestors in Lagos, the country’s commercial hub, this week and the escape of over 200 prisoners from a state prison. There continue to be reports of heightened police brutality and coordinated attacks on protestors. The conflict has been gaining global attention through internet campaigns like #EndSARS, #EndBadGovernance, #BetterNigeria, and #FixNigeriaNow.

BBC NEWS – End Sars protests: Amnesty warns of ‘escalating attacks’ – 19 Oct. 2020

Reuters – Nigerian Police pledge ICRC training as thousands protest nationwide – 18 Oct. 2020

Human Rights Watch – Nigeria: Crackdown on Police Brutality Protests – 16 Oct. 2020

Associated Press – Nigeria’s anti-police brutality protests block major roads – 16 Oct. 2020

BBC NEWS – Ends Sars protests: Osun governor escapes ‘assassination attempt’ – 18 Oct. 2020

Amnesty International – Nigeria: Authorities must initiate genuine reform of the police – 15 Oct. 2020

African Commission on Human and Peoples’ Rights – Press statement on human rights violations by law enforcement institution in Nigeria – 13 Oct. 2020

Indigenous Namibians Fight for Rights to Ancestral Land

By: Katherine Davis

Impunity Watch Staff Writer

WINDHOEK, Namibia – In 2015, eight members of the Hai//om brought a class action suit against Namibia’s government and other interested parties, seeking to gain rights in Etosha National Park, their former homeland. In November 2019, the Namibian High Court dismissed the case after Hai//om chief, David // Khamuxab withdrew his support. The Hai//om await an appeal date for the Supreme Court; however, Peter Watson, legal counsel for the Hai//om, announced that his team is prepared to take the case to the African Court on Human and Peoples’ Rights.

A Hai//om woman and children outside of their homes in the Oshikoto Region. Photo Courtesy of the Legal Assistance Centre and the Desert Research Foundation of Namibia.

The Hai//om occupied Etosha until 1954, when they were forced to leave their homes and move off of the property. This move forced them to become farm-laborers on the borders of Etosha, working for the white-owned commercial agricultural sector. Now, the Hai//om want to have a share in Etosha’s profits and the right to determine the use of the land as guaranteed to them in the African Charter on Human and Peoples’ Rights.

It is not the Hai//om’s intent to take this land away from the people of Namibia, tourists, and others. Their main goal is to promote and preserve the Hai//om culture, knowledge, and language. “If we win this case, we do not want to get rid of Etosha,” said Nicodemus Hawaseb, one of the eight applicants, in an interview with Reuters, “[w]e just want to be included in it. We want to showcase our culture to the world.”

Namibia’s government claims to be working diligently with the Hai//om in granting tourism rights, so that the indigenous communities can benefit financially from the park. However, the government refuses to label the park as ancestral land. In a phone interview with Reuters, the head of Namibia’s Wildlife and National Parks directorate, Colgar Sikopo, explained, “If we do this, then everyone else will want to claim a park of the park.”

For further information, please see:

Kim Harrisberg – Indigenous Namibians Fight for Ancestral Land in National Park – 13 Apr. 2020

Legal Assistance Centre – Constitutional Rights & Human Rights: Litigation – 2020

Xoms | Omis Project – History of the Hai||om – 2020

Werner Menges – Hai||om sue for Rights Over Etosha – 19 Oct. 2015

Ute Dieckmann, et. al. – Scraping the Pot: San in Namibia Two Decades After Independence – 2014

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