By: Samantha Netzband
Impunity Watch Reporter, Africa

NAIROBI, Kenya –A Kenyan court recently ruled that anal testing to determine sexual orientation is constitutional.  The anal testing is typically done alongside HIV and Hepatitis B testing without the consent of the party that is being tested.

Two men kiss an act that would be forbidden in Kenya where homosexuality is a crime. (Photo Courtesy of International Business Times)

The ruling comes from the case brought forth by two men who were tested against their will at Madarkaka Hospital.  The two men were arrested in February 2015 on suspicion of having sex.  In Kenya, gay sex is illegal and punishable by a prison sentence of up to 14 years.

Mombasa high court judge Mathew Emukule said in his ruling “I find no violation of human dignity, right to privacy and right to freedom of the petitioners.”  Emukule also said that if the men didn’t want to undergo the tests their attorneys should have sought injunctions before the tests were administered. Emukule’s opinion is in direct opposition to the arguments of the petitioner that argued anal examinations are “cruel, inhuman, and degrading treatment that can often amount to torture.”

With the ruling happening less than a week after the attack at an LGBTQ club in Orlando, Florida the LGBTQ rights community has vowed to appeal.  Eric Gitari, the executive director of the Kenyan National Gay and Lesbian Human Rights Commission (KNGLHRC), explained that rulings like the one delivered by Emukule make it more difficult to encourage the LGBTQ community to come forward to have their rights affirmed.  Encouragement is difficult when courts instead affirm violations of LGBTQ people’s rights.

KNGLHRC questions whether the testing is a good use of the countries scarce resources.  According to Human Rights Watch the forced anal exams are rare in Kenya, but are used in other countries such as Cameroon, Egypt, Tunisia, Turkmenistan, Uganda and Zambia.  Human rights groups from KNGLHRC to Amnesty International believe that the ruling will set a precedent arresting people on suspicion of being gay and being subject to the invasive tests.  Until the appeals are heard anal exams will still be allowed.

For further information, please see: 

Human Rights Watch — Kenya: Court Upholds Forced Anal Exams — 16 June 2016

Inquisitr — Kenya Court: Forced Anal Exams to Determine Sexual Orientation are Legal — 17 June 2016

National Post — I find no violation of human dignity’: Kenya upholds use of anal probes to test for gay sex, a jailable offence — 16 June 2016

USA Today — Kenyan court: Anal exams to test sexual orientation are legal — 16 June 2016

By Samantha Netzband

Impunity Watch Reporter

BANJUL, Gambia—Gambian President, Yahya Jammeh, has threatened the Mandinka ethnic group by calling them “donkeys and vermin” and threatening that “I will kill you like ants and nothing will come of it.”  His statements were made at political rally early in June and sparked reminders of the Rwandan genocide.  An editorial was published condemning Jammeh’s actions in reference to the 1994 genocide.  The first sentence states “one would have thought that what happened in Rwanda in 1994 would have served as a lesson to the world.”

The United Nations Special Adviser of the Secretary-General on the Prevention of Genocide, Adam Dieng, condemned Jammeh’s speech.  Dieng claimed that Jammeh’s words were dehumanizing and dangerous coming from a public leader.  As a head of state Jammeh has an obligation under human rights to law to protect his people.  Dieng is one of many who urged him to do just that while criticizing his inflammatory remarks.

Jammeh’s remarks are based of his conclusion that the Mandinka are not actually Gambian.  Reports show that his claims are false and this isn’t the first time he has been debunked.  He has also claimed that the Senegalese number 950,000 in the country’s population even though that would mean nearly half the population is Senegalese.

Another editorial calls out Jammeh similarly to the United Nations.  Joll of News said it was dangerous for a president to call out an ethnicity.  They cite the need to learn from the violent past as well as the duty of the president to “govern without any ill will”.  It is unclear whether or not Jammeh has responded to both the United Nations concern and the concerns of citizens.

For further information, please see: 

All Africa – Gambia: UN Adviser Condemns President’s Reported Threats Against Ethnic Group – 10 June 2016

Joll of News – Gambia: Jammeh Crosses the Red Line – 7 June 2016

Joll of News – Gambia: Editorial – Tribalism is a No Go Area – 6 June 2016

UN News Centre – Gambia: UN adviser condemns President’s reported threats against ethnic group – 10 June 2016

 

 

 

 

By: Samantha Netzband

Impunity Watch Reporter, Africa

 

ABUJA, Nigeria—It has been over two years since the abduction of 219 girls from the Chibok school in Nigeria.  Islamic extremist group Boko Haram is responsible for the abduction.  Boko Haram has killed at least 2,600 people in Nigeria, but they are looking to make a deal with the government for the release of the girls.

Screenshot taken from a video showing some of the Chibok girls alive. (Photo Courtesy of CNN)

Amir Muhammad Abdullahi, who is reportedly second-in-command of Boko Haram, has said that only a third of the original number of girls abducted remain captive.  The Nigerian government has had success in securing the return of 11,595 people between February and April of this year.

One Chibok girl was recently released in what the government is perceiving as a sign of good faith from the members of Boko Haram.  She was found in the Sambisa forest reserve with a suspected member of Boko Haram.  The girl reported that only 6 of the captive girls have died, rather than the larger number claimed by Abdullahi.  The girl believes that they may be located in the Sambisa forest reserve where she was found.  The Sambisa forest reserve is a large forest located near the border of Cameroon.

Reports of a second Chibok girl release turned out to be false. The head of Chibok Abducted Girls Parents group said the second girl was not one of the abducted girls.  The second girl is said to have been abducted from her home in Madagali.  She was returned along with 96 other citizens who had been abducted from their homes and held hostage.

Abdullahi says that no one is winning the battle that Boko Haram has waged with Nigeria.

For further information please see:

Pulse – Insurgents reportedly call for truce to release Chibok girls – 22 May 2016

International Business Times – Boko Haram willing to discuss surrender and release of Chibok girls – 21 May 2016

All Africa – Nigerian Army Confirms Rescue of Another Chibok School Girl – 20 May 2016

BBC – Boko Haram abductees freed in Nigeria – 20 May 2016

By: Samantha Netzband

Impunity Watch Reporter, Africa

 

NAIROBI, Kenya –  Two weeks ago Kenya announced that they plan to close the world’s largest refugee camp, Dadaab, citing fears of terrorism as one of the reasons for the camp’s closure.  Dadaab has been open since 1991 and mainly hosts refugees from Kenya’s neighbor Somalia.  The Kenyan government has formed a task force aimed at disbanding the refugee camps and has said that they are committing $10 million towards the effort.

Somali refugee girls attend a Koran class at the Dabaab Camp.  (Photo Courtesy of Reuters and Washington Post)

Other countries were quick to criticize Kenya’s decision, because the countries where many of the refugees are from are still unstable.  Kenya’s refugee camps mainly contain Somalia refugees, but there are also refugees from South Sudan and Burundi.  Some of these countries are not completely safe for the refugees to return to – and some of the refugees in the camps have never lived outside of Kenya.  Returning to their native countries will require assimilation into unfamiliar living situations that are still riddled with conflict.

Kenyan government officials countered that the nations that criticize them are not doing their part given the current refugee crisis in Europe.  Kenya’s president, Uhuru Kenyatta, is up for reelection and has tried to use the call for the removal of refugees to his political advantage.

With 350,000 people estimated living in the camps the closure of the camps will require a very organized and coordinated closure plan from the Kenyan government.  UN and other countries have suggested that the camps close slowly to ensure that a new humanitarian crisis doesn’t happen.

For further information please see:

All Africa – Kenya: Ban Ki-Moon Urges Uhuru to Go Slow on Refugee Repatriation – 19 May 2016

The Star – Don’t Return Refugees Home Without Guarantees Of Safety – 14 May 2016

Wall Street Journal – Kenya’s Push to Close World’s Largest Refugee Camp Fuels a Sense of Displacement – May 14 2016

The World Post – Why Kenya Announced An Unrealistic But Alarming Plan To Rid The Country Of Refugees – 13 May 2016

Washington Post – Why Kenya’s threat to close its refugee camps is even worse than you think – 11 May 2016

All Africa – Kenya: UN Criticises Kenya for Plan on Refugees – 9 May 2016

BUJUMBURA, Burundi – Last April President Pierre Nkurunziza announced that he would set aside Burundi’s constitution would seek a third term as the countries president. Three months later Nkurunziza was elected to a third term among claims that the election had been rigged. Since this election the country has suffered in silence as oppositionist to the president’s rule have been killed, fled the country, or disappeared all with very little notice from the outside world.

Before Nkurunziza could take office for a third term opposition parties staged a coup that eventually failed to oust the incumbent president. Following the failed coup were mass protests over the president’s third term and his alleged victory with 70% of the popular vote. Nkurunziza responded to critics violently. Since last April aid agencies have reported around 100 refugees daily cross the border from Burundi into Tanzanian with stories of the horrors they are leaving. This steady flow of refugees has put the number of displaced peoples from Burundi at an estimated 250,000 across the region.

In response to the worsening situation the UN Security Council passed a resolution to deploy security monitors to the region. This resolution has been met with resistance from Burundian government. In response to the resolution Burundi’s foreign affairs minister commented, “We don’t want deployment of hundreds of police officers. The United Nations has to remember that there are AU observers who are on the ground so we just need a few to help stabilize the situation in the country.” He then turned the conversation to reports that Rwanda had taken to training Burundi refugees as militants. If these rumors are true it could lead to more violence in Burundi and perhaps a civil war.

Yesterday there were reports of refugee, turned militant attacks on a town near the border between Burundi and Tanzania. These attacks, believed to be carried out by Nkurunziza oppositionist led by Leonidas Hatungimana left six dead. Hatungimana was a presidential aide to Nkurunziza but was fired after advising the president not to attempt a third term. Should these attacks continue they will likely only give the Nkurunziza regime more reason to be violent and oppressive.

 

For More Information Please See:

ABC News – Burundi: 6 People Killed in Gun Fire Linked to Rebels – 12 April 2016

The Guardian – The world looks away as blood flows in Burundi – 10 April 2016

All Africa – Burundi Rejects Deployment of UN Police, Monitors – 9 April 2016

Deutsche Welle – Burundi: Beneath the ‘peace’ lies fear – 6 April 2016