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

By: Adam King
Impunity Rights News Reporter, Africa

MONROVIA, Liberia – Democracy hasn’t come easy for Liberia: a country ravaged with civil warfare aplenty.  October 10, 2017 will mark a historic achievement for Liberia. President Ellen Johnson Sirleaf, in a speech to the United Nations General Assembly, proclaimed the achievement:

“The [legislative and presidential polls] will mark the first time in 73 years that political power will be handed over peacefully, and democratically, from one elected leader to another….Democracy is on the march in Liberia and, I believe, on an irreversible path forward on the African continent.”

Liberia has gone almost a century without a peaceful transition of power from one government to the other.  President Sirleaf’s achievement in being the first woman to be elected in a democratic election on the African continent is right on par with the anticipated peaceful transition of power.  Former United States President Barack Obama underscores the importance of a peaceful transition of power in his farewell address:

“In 10 days, the world will witness a hallmark of our democracy:  the peaceful transfer of power from one freely elected president to the next…it’s up to all of us to make sure our government can help us meet the many challenges we still face…But that potential will be realized only if our democracy works.  Only if our politics reflects the decency of the our people.  Only if all of us, regardless of our party affiliation or particular interest, help restore the sense of common purpose that we so badly need right now.”

President Sirleaf echoed Mr. Obama’s sentiments in the view that she has for Liberia going forward:

“Liberia’s transformation was powered by a world community that made a shared commitment to deliver peace to a country, and a subregion, beset by civil conflict and cross border destabilization. The UN and its partner nations were of one mind, and from that global unity, a new Liberian democratic state was born. Liberia is a post conflict success story. It is your post conflict success story.”

President Sirleaf assumed the presidency at a time when Liberia was facing stagnant development and civil war. Despite those challenges, Liberia has erected a new foundation through government restructuring and citizen engagement. President Sirleaf commented on some of the initiatives that have helped to revitalize the country:

“Further, previously dysfunctional public institutions now have the capacity to respond to the needs of our citizens through decentralized county service centers with ownership by strong local governments. And from the tragedy of the health crisis, we are strengthening our healthcare systems, prioritizing prevention and delivering capacity at the community level.”

Much remains to be seen as to how Liberia will fair upon the departure of President Sirleaf.  The local election commissions in Liberia are taking sizable precautions to safeguard the electoral process.  In addition to training for its volunteers, the government will be providing upwards of 6,000 security servicemen to assist with order on election day.  The field of candidates for the presidency is quite extensive (upwards of 20), leaving doubt as to what direction Liberia will take once the new president is elected and assumes power. While President Sirleaf has ushered in some notable achievements in here tenure, it has not all been free of scrutiny.   

The tenure of President Sirleaf herself has also been questioned by some.  Most recently, President Sirleaf proposed a law entitled the “Presidential Transition Act”.  According to the Liberian Observer, the act contained provisions related to peaceful transitioning of the government and protection provisions for the president and vice president including vehicles, security and dependent benefits. There were other parts of the law that were more controversial.  Some have argued that this bill could be used to shield President Sirleaf from charges of corruption for example.  President Sirleaf has since withdrawn the bill as of September 17, 2017.

For more information, please see:

Front Page Africa — 6,000 Security Officers to Guard Polling Stations on During Elections — 20 September 2017

Liberian Observer — Ellen Dispels Notion of Living in Fear after Tenure — 20 September 2017

UN News Centre — “Upcoming elections will signal Liberia’s ‘irreversible course’ towards democracy, President Sirleaf tells UN” — 19 September 2017

United Nations — “Focusing on People: Striving for Peace and Decent Life for All on a Sustainable Planet” — 19 September 2017

Bloomberg — Liberia Elections Body Says 20 Candidates Will Vie for President — 31 July 2017

Los Angeles Times — Read the full transcript of President Obama’s farewell speech — 10 January 2017