By: Adam King
Impunity Rights News Reporter, Africa

GENEVA, Switzerland – The Democratic Republic of Congo was recently elected to the United Nations Human Rights Council on October 16, 2017 along with 15 other countries.  While Congo was elected by receiving the majority number of votes necessary for election, it received the least amount of votes (150) among the African countries that were in the running. The total amount of votes necessary to be elected to the council is 97. Only 4 African states were running for seats, which is the total allotment for the region. Louis Charbonneau, the Human Rights Watch UN Director, felt the outcome would have been different if the seats up for election had been contested, “[Congo] is fast becoming a pariah state. If there had been competition, it probably would have lost.”

Some of the sharpest criticisms came from Nikki Haley, the United States Ambassador to the UN. Her rebukes questioned the message that was being sent to the rest of the world by electing Congo, who has a controversial history with human rights violations,

“The DR Congo, a country infamous for political suppression, violence against women and children, arbitrary arrest and detention, and unlawful killings and disappearances, has been elected to serve on what is supposed to be the world’s preeminent human rights body… Countries that aggressively violate human rights at home should not be in a position to guard the human rights of others.”

Additionally, Haley saw this move as a tactic that took away from the unified message the council wants to embody to effectively progress its charge as a body,

“We need a unified voice of moral clarity with backbone and integrity to call out abusive governments. This election has once again proven that the Human Rights Council, as presently constituted, is not that voice.”

Haley has even gone as far to suggest that the United States may consider exiting the council if decisions such as these continue to happen.

Congo has been riddled with accusations of human rights violations ranging from the use of child soldiers to allegations of mass killings. According to Deutsche Welle,

“Violence in eastern and central Congo has displaced 1.5 million in the last year and reopened fears of civil war. Conflict in 1996-2003 resulted in millions of deaths and created conditions in which dozens of armed groups emerged.”

Congo was elected to the UNHRC despite a campaign by several countries to keep it from gaining a seat,

“The United States, the United Kingdom and advocacy groups like the Washington-based Human Rights Watch called upon member nations to reject Congo’s candidacy, citing widespread reports that its president Joseph Kabila has used repression and violence to hold onto power after his two-term limit expired on Dec. 19, 2016.”

For more information, please see:

Dhaka Tribune — ‘DR Congo wins seat on UN rights council despite US opposition’ — 17 October 2017

MPN News — ‘Mass Graves Don’t Keep Congolese Off UN Human Rights Council’ — 17 October 2017

The Indian Express — ‘Congo elected to UN Human Rights Council; US criticises move’ — 17 October 2017

Deutsche Welle — ‘DR Congo controversially elected to UN Human Rights Council’ — 16 October 2017

Miami Herald — ‘UN elects Congo to Human Rights Council despite abuses’ — 16 October 2017

By: Adam King
Impunity Rights News Reporter, Africa

DAKAR, Senegal — A recent report by Human Rights watch released on October 5, 2017 details the horrific ordeals of the plight of women in the Central African Republic.  Women in the region have been subjected to repeated instances of rape and sexual slavery.  The repeated violence is the result of a coup that took place in the country in 2013;

“Thousands have died and a fifth of Central Africans have been uprooted in a conflict that broke out after the mainly Muslim Seleka rebels ousted President Francois Bozize in early 2013, provoking a backlash from Christian anti-balaka militias.”

It’s clear, according to Human Rights researcher Hillary Margalois, that the violence against women is calculated and intentional;

“Armed groups are using rape in a brutal, calculated way to punish and terrorize women and girls…Every day, survivors live with the devastating aftermath of rape, and the knowledg[e] that their attackers are walking free, perhaps holding positions of power, and to date facing no consequences whatsoever.”

This targeting has a directly negative effect on the women involved.  Women may not feel as if they have effective recourses against the treatment, which may lead to underreporting of the violations against them, “Due to stigma, under-reporting by survivors, and security-related restrictions on research, the full number of sexual violence incidents by armed groups during the conflict is undoubtedly higher.”

The stigma discussed is not just that of being the victim of rape or sexual exploitation.  There are also cultural factors at play that can affect women twice over, social and familial. A woman can be forced to bear shame from the violence against her and be ridiculed by family and community members;

“Stigma and rejection also present significant barriers to women and girls disclosing rape or seeking help. Survivors said their husbands or partners abandoned them, family members blamed them, and community members taunted them publicly after rape…Only 11 of the 296 survivors interviewed said they had tried to initiate a criminal investigation. Those who had informed authorities faced mistreatment including victim-blaming, failure to investigate, and even demands to present their attackers for arrest. Three survivors said that their relatives had been killed, beaten, or threatened with death when they confronted members of an armed group responsible for their rapes.”

The stigma attached to the violence, coupled with shame and ridicule, leave these women with little options to pursue justice.  The threat alone of repeated physical violence or even death is enough to deter women from seeking out help.  As a result, many of the aftereffects resulting from the violence and rape leave permanent afflictions;

“Women and girls often said they suffered incapacitating physical injury and illness, including HIV, because of rape, as well as suicidal thoughts and loss of livelihoods or access to education. Most had not received post-rape medical or mental health care – including medication to prevent HIV and unwanted pregnancy – due to a lack of medical facilities, the cost of services or transport to facilities, and misconceptions about available services.”

Violence against women in conflict zones is unfortunately a rather frequent occurrence in Africa.  Women and children tend to be the most vulnerable and do not have the means to seek effective redress. The United Nations has spent considerable time and resources in identifying and trying to address the problem head-on. There have been regional initiatives that attempt to empower tribunals to conduct investigations into allegations of sexual violence and bring those responsible to justice.  The Special Criminal Court (SCC) is backed by close to 20 non-governmental and international human rights organizations. The challenge, however, is to convince surviving victims that pursuing justice is a possibility and that it doesn’t result in further intimidation or violence from the perpetrators.

For more information, please see:

Reuters — ‘Rape, sexual slavery are weapons in Central African Republic war – report’ — 05 October 2017

Human Rights Watch — ‘Central African Republic: Sexual Violence as a Weapon of War’ — 05 October 2017

Human Rights Watch — ‘Central African Republic: Support the Special Criminal Court’ — 16 November 2016

Amnesty International — ‘Global campaign targets rape in conflict zones’ — 23 November 2012

United Nations — ‘Rape: Weapon of War’ — June 2008

By: Adam King
Impunity Rights News Reporter, Africa

DADOMA, Tanzania — A new UN convention on the trade and use of mercury held its inaugural meeting on September 24, 2017 in Geneva, Switzerland. The treaty, known as the Minamata Convention on Mercury, seeks to cover a wide range of areas related to mercury,

“The treaty holds critical obligations for all 74 State Parties to ban new primary mercury mines while phasing out existing ones and also includes a ban on many common products and processes using mercury, measures to control releases, and a requirement for national plans to reduce mercury in artisanal and small-scale gold mining. In addition, it seeks to reduce trade, promote sound storage of mercury and its disposal, address contaminated sites and reduce exposure from this dangerous neurotoxin.”

The name of the convention is derived from a fishing town in Japan that involved many cases of mercury poisoning. The connection between mercury and African countries is its use in a process used to mine for gold.

Tanzania, Zimbabwe and Mali are but a few African countries that use mercury to separate gold from ore.  The mining process that utilizes this method is known as artisanal and small-scale gold mining or ASGM.  This process is utilized in rural areas where gold mines are located, but are not central mining hubs. While the process is not as intensive as opposed to larger mining operations, the practice does pose some health risks.

The danger of using mercury in ASGM have short and long term effects on those who come into direct contact with the mercury, “Mercury is a shiny liquid metal that attacks the nervous system. Exposure can result in life-long disability, and is particularly harmful to children. In higher doses, mercury can kill.” Children are often utilized in ASGM, given the relative ease of the process.  For some, it is a way for them to earn money to support their families. The reliance on ASGM in rural communities has grown steadily over the years.

A report released by UN Environment details the amount of reliance on ASGM in Africa and worldwide,“ASGM is now responsible for around 20 per cent (600-650 tonnes per annum) of the world’s primary (mined) gold production. It directly involves an estimated 10-15 million miners, including some 4.5 million women and 1 million children.” While 20% seems to be a small percentage of the overall gold production, the numbers may not tell the entire story.  In the same report, statistics detailed the level of inaccuracy regarding the reported figures of ASGM.

The numbers show the wide disparity in the quality of the data reported, which is further explained by some countries who are known to export mercury, but do not necessarily disclose all instances of its export, “Trade between the countries mostly appears to be undocumented. For example, Kenya did not register any exports during 2010-15 period.”

While the convention brings more than 100 countries together to address the issue of mercury use, the convention may face challenges regionally in Africa.  ASGM is a source of income for many rural families.  Taking a hard stance against ASGM, where mercury is the primary agent for ore separation, could hurt a source of income for rural gold miners.  

Beyond the individual considerations, country-level considerations are also relevant.  Some of the more wealthier African countries play a role in the mercury trade, “Kenya and South Africa were the main supply hubs for mercury used in ASGM, especially in the Democratic Republic of Congo, Uganda, Tanzania, Zimbabwe, Mozambique and South Africa itself.” Many of the countries rely on gold production as an important source of revenue.  Limiting the use and trade of mercury could have an impact on the gold industries in those countries.

The requirements of the convention also call for swift and decisive action for compliance purposes,

“The convention comes with a long checklist of deadlines. Nations must immediately give up building new mercury mines and, within three years, they need to submit a plan of action to come to grips with small-time gold miners. By 2018, they need to have phased out using mercury in the production of acetaldehyde – the process that poisoned Minamata is still in use. By 2020, they need to have begun phasing out products that contain mercury.”

Three years to comply could pose some challenges to countries who have to not only begin phasing out the use of mercury, but also replace the lost revenue streams from ASGM with new ones.

For more information, please see:

Human Rights Watch — ‘Mercury Rising: Gold Mining’s Toxic Side Effect’ — 27 September 2017

Daily Nation — ‘UN pledges to curb sale and use of mercury’ — 25 September 2017

Phys.org — ‘Something in the water—life after mercury poisoning’ — 26 September 2017

UN Environment —  ‘Global mercury supply, trade and demand’ — 14 September 2017

AllAfrica — ‘Minamata Convention, Curbing Mercury Use, Is Now Legally Binding’ — 16 August, 2017

By: Adam King
Impunity Rights News Reporter, Africa

CAIRO, Egypt — A string of arrests following the recent display of the LGBT flag at a concert in Cairo has human rights groups such as Human Rights Watch and Amnesty International calling for an ease in crackdowns against suspected homosexuals. According to the Independent, the flag in question was displayed at a Mashrou’ Leila concert on September 22, 2017. Since the concert, a number of people have been detained on suspicions of homosexuality,

“Both Amnesty and HRW said in their Saturday statements that a total of 11 people had been arrested since the concert, held at an upscale mall in an eastern Cairo suburb.”

One of the techniques commonly used in a homosexuality investigation is an anal examination. Countries such as Tunisia are moving away from the mandatory use of anal examinations, but that does not change the status of homosexual people in the Middle East.

Homosexuality remains a sensitive topic in Egypt particularly,

“Homosexuality is highly taboo in Egypt among Muslims and minority Christians alike, but it is not explicitly prohibited by law. Egypt regularly arrests gay men, with large police raids on private parties or locations such as public baths, restaurants and bars.”

The majority of Egyptians see homosexuality in a negative light and as an import of Western culture, “Most Egyptians see homosexuality as a practice that goes against nature and religion and insist it is a social disease exported by a decadent West.”

Mashrou’ Leila actually developed as a counter to the environment around homosexuality in the Middle East. Founded in 2008 at the American University of Beirut, the band has been touring the Middle East and large parts of the United States. The band is billed as an alternative rock band. The lead singer, Hamed Sinno, has developed a notable reputation for his advocacy through music,

“Hamed Sinno, the band’s lead singer and lyricist, may be the most prominent gay musician in the Arab world, and much of his songwriting takes aim at homophobia and misogyny.”

Music has been utilized as a prominent tool for resistance from Africa to Russia. The art form offers some the ability to connect with those that share similar struggles without openly voicing those struggles.

For more information, please see:

The Independent — ‘Human rights groups urge Egypt to halt crackdown on LGBT people after rainbow flag waved at concert’— 30 September 2017

Impunity Watch — ‘Tunisian Authorities Pledges to Stop Forced Anal Examinations for Homosexuality’ — 30 September 2017

CNN — ‘Pussy Riot’s Nadya Tolokonnikova: Authoritarianism is spreading like ‘sexually transmitted diseases’ — 18 August 2017

Wikipedia — ‘Mashrou’ Leila’ — August 2017

The New Yorker — ‘Mashrou’ Leila and the Night Club’s Political Power’ — 31 July 2017

By: Adam King
Impunity Rights News Reporter, Africa

TUNIS, Tunisia – Tunisian authorities recently announced that it would be ending its current practice of forcing those who face accusations of homosexuality to undergo mandatory anal testing.  In Tunisia, a judge has the power to compel a defendant accused of homosexuality to undergo an anal examination to collect evidence against the defendant. Under the new policy, defendants would be able to refuse the examination.  According to Mehdi Ben Gharbia ( a Tunisian politician), “judges can still request that a suspect undergo the test but that person has every right to refuse, without his refusal being held up as proof of homosexuality”.

The United Nations and other human rights organizations have equated the practice of mandatory anal exams to torture. In March 2016, Human Rights Watch released a report detailing instances of forceful abuse of the anal examination protocol against Tunisian citizens.  One victim recalled his experience with the examination process,

“[T]he policeman took me outside to a small garden. He hit me. He slapped me on the face and punched me on the shoulder and said “You will do the test.” The doctor was not watching, but he knew I was being beaten. The policeman pushed me back into the room and said to the doctor, “He will do the test…..He entered one finger inside my anus, with cream on it. He put his finger in and was looking. While putting his finger in, he asked “Are you ok now?” I said, “No, I’m not okay.” It was painful…Then he put in a tube. It was to see if there was sperm. He pushed the tube far inside. It was about the length of a finger. It felt painful. I felt like I was an animal, because I felt like I didn’t have any respect. I felt like they were violating me. I feel that up to now. It’s very hard for me.”

Amnesty International covered the issue of abuse against homosexual and transgender persons in Tunisia originally in 2015. In their report, they detailed the challenges that homosexual and transgender persons faced when trying to seek redress for the harms against them,

“In some cases, instead of duly investigating these homophobic and transphobic crimes – as is their obligation under international law – the police warned or openly threatened survivors, including lesbian women, to drop their complaints if they did not wish to be prosecuted themselves. In other cases police officers have exploited LGBTI people’s fears of prosecution to subject them to blackmail, extortion and, at times, sexual abuse. Gay men and transgender individuals who do not want to be arrested are often forced to bribe police officers and give up their phones or other valuables.”

While this measure will provide more protection to those accused of homosexuality, there are still some uncertainties around the proposal.  First, there is no set date when the measure will go into effect.  The policy is the proposition stage, with no indication as to how soon the measure will be enacted. The Tunisian medical council actually banned the practice in April of 2017, but that ban served more as a declaratory opinion rather than a legally binding mandate. Second, while the refusal of taking the exam is claimed to not be used as evidence against a defendant, the subjective outcomes may be different. As the victim detailed in the Human Rights Watch report, the coercion and violence can be used to compel a defendant to take the examination long before he comes in front of a judge.  This leaves an open question as to whether the change will adequately protect those accused of homosexuality. 

While much progress has been made since the coup of former President Zine El Abidine Ben Ali, the progress is still met with staunch opposition.  Tunisia is still a Muslim country that adheres to the pillars of Islam.  The measure also does not have broader implications for the acceptance of homosexuality in Tunisia. The measure for example does not make homosexuality legal in Tunisia, “Homosexuality is still punishable by three years in jail under Article 230 of Tunisia’s criminal code, which President Beji Caid Essebsi has said would not be repealed.”

For more information, please see:

Daily Mail UK — ‘Tunisia vows to ban anal examinations on ‘suspected homosexuals’ to determine if they are gay’ — 22 September 2017

Independent — ‘Tunisia medical council bans forced anal tests for homosexuality after nearly decade of abuse’ — 12 April 2017

Independent — ‘Tunisia is jailing men for having gay sex and forcing them to undergo anal exams, human rights group claims’ — 30 March 2016

Human Rights Watch — ‘Tunisia: Men Prosecuted for Homosexuality, Abuses in Detention, Prison’ — 29 March, 2016

Amnesty International — ‘Challenging Tunisia’s homophobic taboos’ — 30 September 2015