People have been arbitrarily arrested and detained in both countries, including on the basis of community affiliation. In Togo, at least two opposition party assemblies were banned on the pretext of national security, and the editor of a newspaper was summoned by an administrative authority for reporting on suspicions of a “blunder” by the army in the death of seven children – claims which later turned out to be true, according to testimonies gathered by Amnesty International.

Security forces are committing human rights violations in the context of the fight against armed groups in Benin and Togo, particularly against members of the Fulani ethnic group. There is a risk that human rights violations will become systematic and worsen, as is the case in neighbouring countries that have been fighting the same armed groups for several years. The Beninese and Togolese authorities must put an end to this now.”   

Samira Daoud, Amnesty International's Regional Director for West and Africa

“The threat of armed groups is also being used as a pretext to restrict civil and political rights. In his upcoming discussions with the Beninese authorities, French President Macron must not gloss over these abuses in the name of a common global fight against terrorism, or France’s economic and political interests.”

Since the end of 2021, the northern regions of Benin and Togo have been subject to increasingly frequent and deadly attacks attributed to Jama’at Nusrat al-Islam wal-Muslimin (JNIM), an al-Qaeda-linked armed group formed in Mali that now extends to the northern regions of several countries in the Gulf of Guinea.

State of emergency

The authorities of Benin and Togo have adopted exceptional measures in response to attacks by armed groups.  

On 13 June 2022, a state of security emergency was established in the northern Savanes region of Togo for 90 days, which authorizes “the prohibition of movement and assembly of people on the public highway”, and allows the police and military to question nany person whose behaviour may lead to the belief that there is a risk that this person could commit an attack”, according to comments made on national television by the Minister of Territorial Administration.

On 29 June 2022, the Beninese authorities announced that “any refusal or abstention to collaborate with the Security and Defence Forces and local authorities in the fight against terrorism will be considered as support to armed groups and treated as such”. 

As reaffirmed in a resolution on the Rights to freedom of peaceful assembly and of association adopted by the UN Human Rights Council in July 2022, emergency measures must be necessary, proportionate to the assessed risk and applied in a lawful and non-discriminatory manner, even in times of crisis. They cannot be legitimately used to justify a crackdown on the exercise of human rights, especially in a context where people are likely to be intimidated or threatened by armed groups.

Samira Daoud

Arbitrary arrests and detentions

In north-east Benin on 19 March 2022, a 70-year-old man was arrested by the police in the town of Tanguiéta, in the Atacora Department bordering Burkina-Faso. He was released almost two weeks later without being charged. First, he was taken on a days-long 587km journey from Tanguiéta to Cotonou on the southern coast, followed by a week in detention there.

“He had come to Tanguiéta to take someone to hospital. When he left the hospital the police appeared and asked him if he was Fulani. He replied that he was, and he was taken away with several other men arrested the same day,” said one of his relatives, whose anonymity has been preserved to ensure their safety.

“During the journey the police hit them on the back with the butt of their guns. They drove at night and remained in custody during the day. One of the policemen told them that it is the Fulani who kill the policemen.”

In Togo, several dozen people were arbitrarily arrested on 16 May 2022 in the town of Timbou in the Savanes region on the basis of their membership of the Fulani ethnic group, according to the testimony of two people interviewed by Amnesty International. They were detained by the military forces of Timbou, Dapaong, Biankouri and Cinkassè without access to a lawyer, photographed and released on 20 and 21 May 2022 without being charged. 

In Kpinkankandi, a man was arrested at his home by soldiers on the night of 24 May 2022 and taken to detention in Dapaong, where he remains.

“The military told him that a wanted person had entered his house. They handcuffed him and put him in a cell at the Mandouri gendarmerie before transferring him to the Borgou gendarmerie, where he remains until now,” said one of his relatives.

“We do not understand the reason for his detention, as no documents have been communicated to us. One of our neighbours was arrested in the same conditions and is still in detention in Dapaong.”

‘Turning point’ for peaceful assemblies and the human right to expression

Several assemblies of opposition political parties have been banned in recent months by the authorities in Togo under the pretext of national security, while assemblies of the ruling party have been authorized.

On 22 June 2022, the Ministry of Security and Civil Protection banned a scheduled assembly of a coalition of opposition parties stating that “the current worrying sub-regional and national security context, marked in particular by volatility and unpredictability, is likely to compromise ongoing efforts to preserve public order and national security”. On 29 June 2022, the prefect of Agoe-Nyieve banned a scheduled assembly of the opposition party citing the “current sub-regional and national security context and the need to preserve security and public order”.

The right to freedom of expression is also under threat. On 11 July 2022, Togo’s High Authority for Audiovisual and Communication summoned the director-in-chief of the daily newspaper Liberté following a front page referring to a possible “blunder” in the death of seven children in the village of Margba on 9 July 2022. The army later acknowledged responsibility for the deaths of the children, who were killed after being targeted by an aircraft that “mistook them for a column of jihadists”.

In Benin, two journalists were arrested near Pendjari Park while investigating the African Parks organization. Suspected of espionage, they were arrested and detained for four days outside of any legal framework.

Benin and Togo are at a turning point as they are increasingly targeted by armed groups. The international community, including France, must impress on the authorities of these two countries on the need to fulfil their international obligations in terms of human rights and humanitarian law, and by ensuring that the security context does not serve the abusive/arbitrary practices observed in recent months. 

Samira Daoud

Background

Benin has experienced nearly twenty attacks by armed groups since the end of 2021, according to the vice-president as reported by Agence France-Presse, although authorities have only communicated some of them. Togo has suffered at least four attacks targeting members of the defence and security forces and civilians since November 2021.

The post Benin – Togo: Fight against armed groups must not justify human rights violations appeared first on Amnesty International.

Covid-19 should have been a decisive wake-up call to deal with inequality and poverty. Instead, we have seen deeper inequality and greater instability in Africa exacerbated by global powers, especially rich countries, who failed to ensure that big pharma distributed vaccines equally between states

Deprose Muchena, Amnesty International's Director for East and Southern Africa

Amnesty International Report 2021/22: The State of the World’s Human Rights finds that these states, alongside corporate titans, have in fact driven deeper global inequality, with most African countries left struggling to recover from Covid-19 due to high levels of inequality, poverty and unemployment exacerbated by unequal distribution of vaccines.

“Covid-19 should have been a decisive wake-up call to deal with inequality and poverty. Instead, we have seen deeper inequality and greater instability in Africa exacerbated by global powers, especially rich countries, who failed to ensure that big pharma distributed vaccines equally between states to ensure the same level of recovery from the Covid-19 pandemic,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa.

“As things stand now, most African countries will take long to recover from Covid-19 due to high levels of inequality and poverty. The after-effects of Covid-19 have been most damaging to the most marginalized communities, including those on the front lines of endemic poverty from Angola to Zambia, Ethiopia to Somalia and the Central Africa Republic to Sierra Leone.”

Corporate greed and self-interested nationalism undercuts vaccination in Africa

Multiple waves of the pandemic tore through Africa, having a devastating impact on human rights. Governments’ efforts, in countries such as Somalia, South Africa, Zambia, Senegal and Sierra Leone, to stem its tide were hindered by the global vaccine inequality created by pharmaceutical companies and wealthy nations. By the year’s end, less than 8% of the continent’s 1.2 billion people had been fully vaccinated.

Nearly 9 million cases and more than 220,000 deaths were recorded during the year. South Africa remained the epicenter of the pandemic, in terms of reported cases and deaths.

Meanwhile, wealthy states such as EU member states, the UK and the USA stockpiled more doses than needed, whilst turning a blind eye as Big Pharma put profits ahead of people, refusing to share their technology to enable wider distribution of vaccines. In 2021, Pfizer, BioNTech and Moderna projected eye-watering profits of up to US$54 billion yet supplied less than 2% of their vaccines to low-income countries. Vaccination distribution continues to be painfully slow across the continent, igniting fears of deepening poverty and a prolonged economic recovery.

Rich and powerful countries used money and their political influence to procure hundreds of millions of doses, shutting poor countries out of the market.

Samira Daoud, Amnesty International's West and Central Africa Director

“Rich and powerful countries used money and their political influence to procure hundreds of millions of doses, shutting poor countries out of the market,” said Samira Daoud, Amnesty International West and Central Africa Director.

“The result was inequitable distribution of these much-needed vaccines, meaning that most people in low-income countries would become the last to be inoculated, as if one’s financial status or nationality was the qualifying criteria to get vaccinated.”

Pandemic lays bare poor healthcare infrastructure, and inequality, while gender-based violence continued to increase across Africa

The devastating consequences of collusion between corporate giants and western governments was compounded by health systems and economic and social support crumbling under the weight of decades of neglect. The result was rising poverty, inequality and food insecurity. Nowhere was this felt more clearly and cruelly than in Africa, which is why Amnesty International launches its report today from South Africa.

With less than 8% of the continent’s population fully vaccinated by the end of 2021, it holds the lowest vaccination rate in the world, beleaguered by insufficient supplies provided to the COVAX facility, the Africa Vaccine Acquisition Trust and through bilateral donations.

Too often, supplies were insufficient, or their arrival times unpredictable, making it hard for governments to build trust among their populations and structure effective roll out campaigns. In countries like DRC, Malawi and South Sudan vaccine deliveries arrived with short expiry dates forcing authorities to destroy supplies or return the bulk for reallocation to other countries.

The Covid-19 pandemic also highlighted the region’s chronic lack of investment in health sectors over many decades. The already inadequate healthcare systems in most countries were severely strained, especially during the pandemic’s third wave. In Somalia, only one hospital in Mogadishu, the capital, handled all Covid-19-related cases across south central regions for much of the year. Allegations of corruption, including in relation to Covid-19 funds, further undermined health sectors in many countries, including Cameroon and South Africa.

The pandemic has also resulted in many people across Africa left behind in terms of education, including Uganda, which will result in cementing inequality going forward. In South Africa, approximately 750,000 children had dropped out of school by May, over three times the pre-pandemic number.

Gender discrimination and inequality remained entrenched in African countries. Major concerns documented in the region included spikes in gender-based violence, limited access to sexual and reproductive health services and information, the persistence of early and forced marriage, and the exclusion of pregnant girls from schools.

Conflict continues across Africa amidst weak regional and international response

The global failure to build a global response to the pandemic mirrored the global and African Union’s failure to address human rights violations in conflicts on the African continent.

The global failure to build a global response to the pandemic mirrored the global and African Union’s failure to address human rights violations in conflicts on the African continent.

Amnesty International

Human rights abuses in the conflicts on the continent continued unabated in 2021 partly because of the inaction of the African Union Peace and Security Council. Its failure to act on atrocities was most evident in relation to the conflicts in Ethiopia and Mozambique. Despite harrowing accounts of human rights violations that continuously emerged from the conflicts in the two countries, the Peace and Security Council remained disturbingly silent.

New and unresolved conflicts erupted or persisted in Mali, Burkina Faso, Niger, Central African Republic, Nigeria, Cameroon, Ethiopia, South Sudan and Mozambique, with warring parties violating international human rights and humanitarian law. In their wake, civilians were made collateral damage, millions were displaced, thousands killed, hundreds subjected to sexual violence, and already fragile healthcare and economic systems were brought to the brink.

In the conflict in northern Ethiopia, the Ethiopian government forces alongside the Eritrean Defense Forces (EDF), and the Amhara police and militia continued to fight against the Tigrayan forces in a conflict that started in November 2020, affecting millions. During the conflict, members of the EDF, as well as Ethiopian security forces and militia, committed serious human rights violations, including sexual violence against women, unlawful killings, and forced displacement. Tigrayan forces also were responsible for serious violations, including unlawful killings, rape and other sexual violence constituting crimes against humanity and war crimes.

Humanitarian aid was denied to millions of people in Tigray, resulting in many facing life-threatening conditions. Detainees in West Tigray were subjected to torture, extrajudicial execution, starvation, and denial of medical care.

In Mozambique, civilians continued to be caught between three armed forces in the conflict in Cabo Delgado, in which more than 3,000 people have died since the conflict began in October 2017. Nearly 1 million people (primarily women, children and older people) were internally displaced as a result of the war.

In Central African Republic, unlawful attacks, including killings and other violations and abuses of international humanitarian and human rights law, some of which amount to war crimes, were committed by all parties to the conflict. According to the UN, members of the Coalition of Patriots for Change (CPC) attacked and looted health centres in Mbomou prefecture in January.

In Mali, Niger and Burkina Faso, hundreds of civilians were killed by various armed groups. 

Governments hiding behind security and Covid-19 to stifle dissent

Global trends to stifle independent and critical voices gathered steam in 2021 across Sub-Saharan Africa as governments deployed a widening gamut of tools and tactics.

Measures to curb the spread of Covid-19 provided additional pretext for the repression of peaceful dissent across the region, with the first instinct of many governments to ban peaceful protests, citing health and safety concerns, including in Cameroon, Chad, Côte d’Ivoire, Lesotho and Zimbabwe.

Amnesty International

Measures to curb the spread of Covid-19 provided additional pretext for the repression of peaceful dissent across the region, with the first instinct of many governments to ban peaceful protests, citing health and safety concerns, including in Cameroon, Chad, Côte d’Ivoire, Lesotho and Zimbabwe.

Meanwhile, in countries like Eswatini and South Sudan, organizers were arrested, and the internet disrupted to derail planned protests. Security forces used excessive force to break up peaceful protests of hundreds or thousands of people who defied bans. In over 12 countries, including Angola, Benin, Senegal, Chad, Eswatini, Guinea, Nigeria, Sierra Leone and Sudan, many people died when security forces fired live ammunition. In Eswatini, the violent dispersal of pro-democracy protests resulted in 80 deaths and more than 200 injuries over five months. In Sudan, at least 53 people died when security forces used live ammunition to disperse protests against the October military coup.

In Chad, at least 700 people protesting against the electoral process and later against the establishment of the transitional government were arrested. In DRC, three activists arrested in North Kivu for organizing a peaceful sit-in to protest mismanagement in a local healthcare administration remained in detention. In Eswatini, at least 1,000 pro-democracy protesters, including 38 children, were arbitrarily arrested.

“Instead of providing room for discussion and debate so sorely needed on how best to meet the challenges of 2021, many states redoubled efforts to muzzle critical voices.”

Human rights wins against all odds

Nevertheless, 2021 was not all doom and gloom. Some key human rights wins were recorded across Sub-Saharan Africa after persistent campaigning for freedoms.

In 2022, if governments are intent on building back broken – then we are left with little option.  We must fight their every attempt to muzzle our voices and we must stand up to their every betrayal.

Amnesty International

Following months of relentless pro-democracy protests by the people of Eswatini, King Mswati conceded to calls for dialogue to negotiate the future of the country with pro-democracy protesters. This offers new hope for a country where political reforms were not up for negotiations with the monarch.

In Sudan, we saw people’s power in full display when civilians took to the streets in October to reject a military takeover of power by soldiers and reversals of human rights gains during the transitional period.

In Cote d’Ivoire and Guinea, dozens of members or sympathizers of opposition parties as well as members of civil society organizations who were arbitrary arrested for having simply exercised their freedoms of expression or peaceful assembly were released.

Reclaiming our freedoms

In 2022, if governments are intent on building back broken – then we are left with little option.  We must fight their every attempt to muzzle our voices and we must stand up to their every betrayal. It is why, in the coming weeks, we are launching a global campaign of solidarity with people’s movements, a campaign demanding respect for the right to protest. We must build and harness global solidarity, even if our leaders won’t.

The post Sub-Saharan Africa: Millions denied vaccines, deepening inequality and human suffering from conflicts sum up 2021 appeared first on Amnesty International.

Nadia* told Amnesty International how she was taken to Pahou Police Station after being assaulted by residents of her neighbourhood in the city of Ouidah on 4 February. Instead of helping her, police officers beat Nadia with sticks and machetes, stripped her naked and photographed her.

There must be an urgent investigation into this horrendous attack. Not only was Nadia severely beaten by police officers, she was detained for three days, during which time she was forced to remain completely naked

Fabien Offner, West Africa researcher

“There must be an urgent investigation into this horrendous attack. Not only was Nadia severely beaten by police officers, she was detained for three days, during which time she was forced to remain completely naked. This is transphobia in its most vicious, hateful and deplorable form,” said Fabien Offner, West Africa Researcher at Amnesty International.

Nadia filed a complaint against the aggressors and the police officers of the Pahou Police Station for “intentional assault and battery, violence and assault, theft and indecent exposure” with the Ouidah prosecutor’s office, which acknowledged receipt of the complaint on 22 February.

In the complaint, Nadia 22, accused motorbike taxi drivers and residents of her neighborhood of beating, stripping, robbing and photographing her after they accused her and three other transgender friends of theft on 4 February.

The motorbike taxi drivers then took Nadia to the Pahou Police Station, where she says she was beaten, attacked with sticks and machetes, stripped naked again and photographed “to see what sex I really am”.

In testimony sent to Amnesty International, Nadia described the violence she suffered at the police station in detail, saying she was beaten, forced to remain naked, insulted and threatened with detention in a police cell “so that everyone there have sex with me”. She says the police made her lie on the ground while they kicked her and gagged her to stop her from screaming. She was then asked to wash in the shower, where other people in custody slapped her.

Nadia spent three days in detention, where she was deprived of food and forced to remain completely naked. She was released on 6 February without any charges being brought against her.

Her medical certificate, dated 9 February and examined by Amnesty International, concluded that she had suffered several wounds on both legs, her right ankle and her back, which left her unable to work for five days. Amnesty International has seen several photos that show the wounds.

This latest attack is a clear violation of the rights enshrined in the African Charter on Human and Peoples’ Rights and the Constitution of Benin, to which all individuals are entitled.

Fabien Offner

This is not the first time Amnesty International has documented transphobic violence in Benin. Last April, three transgender women were forced to undress before being beaten and robbed by a group of men in a bar in Cotonou, the capital of Benin. The attackers filmed the attack and shared videos on social media. Three organizations that seek to protect LGBTI rights received threats after publicly defending the three transgender women. On 30 June 2021, the Cotonou Court of First Instance sentenced one of the perpetrators to 12 months in prison, including six months suspended.

In its 2020-2021 report on the state of human rights in Benin, the Beninese Human Rights Commission described the situation for LGBTI people in the country as “worrying” and said “physical and sexual assaults, arbitrary detention, torture and inhuman and degrading treatment” had all been inflicted on LGBTIQ+ people in recent years.

“This latest attack is a clear violation of the rights enshrined in the African Charter on Human and Peoples’ Rights and the Constitution of Benin, to which all individuals are entitled. They must be investigated without delay, and the alleged perpetrators must be brought to justice,” said Fabien Offner.

Background

LGBTI people are often victims of violence and threats in Benin. This is despite significant progressive developments in Benin in recent years, such as the decriminalization of same-sex relationships in the country’s penal code in 2018.

*Name changed to protect identity

The post Benin: Police accused of violently attacking transgender woman appeared first on Amnesty International.

This announcement is made public as the organization remembers him with great fondness on the anniversary of his passing on 25 May 2018. Following a call for applications issued two months ago, the selection committee received a total of 274 applications. Four candidates – two women and two men – were chosen as the recipients of the first edition of Gaëtan Mootoo Human Rights Defender Fellowship.

Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become.

Agnes Callamard, Amnesty International’s Secretary General.

“Gaetan’s unrelenting pursuit of justice saw him achieve human rights victories where others might have given up. His deep compassion for the individuals whose freedom he sought to secure, and his unwavering dedication and humility, distinguish him as a human rights champion we can all aspire to become. Through his work as a dogged human rights investigator, he changed the lives of untold numbers of people around the world,” said Agnes Callamard, Amnesty International’s Secretary General.

“His loss both in the human rights world and as a dear friend is so keenly felt, and together with his family, we honour his memory and his enormous legacy by giving the opportunity to others to follow in his footsteps in demanding a fairer world. I’m delighted to congratulate the successful applicants.”

Through the Gaetan Mootoo Fellowship, Tathi Yende Viviane (Cameroon), Charlin Ulderel Kinouanii Ntnondele (Republic of Congo), Alphonsine Demba (Sénégal), and Faithe Kouassi Sylvain (Côte d’Ivoire) will be sponsored to attend the online René Cassin Foundation International Institute for Human Rights Summer School which will take place from 5-24 July 2021. The online course will focus on international human rights law and international criminal and humanitarian law.

The four awardees, aged between 29 and 31 years, have already embarked on their human rights paths in their respective countries. They have been inspired to follow in Gaëtan’s footsteps and are working to bring justice to their respective communities.  

“The fellowship is an opportunity for me to set up a strong network of human rights defenders. It will also allow me to learn to better practice my passion, which is the defence of human rights in my community,” said Tathi Yende Viviane from Cameroon.

Republic of Congo’s civil society activist Charlin Ulderel Kinouanii Ntnondele’s said his commitment is motivated by the deprivation of his right to education during a five year armed conflict in his country.

“That is why it is necessary for me to attend such a course, which will help me better stand up for human rights and the consolidation of democracy in my country,” he said.Senegalese citizen Alphonsine Demba whose work focuses on women’s and children’s rights found the opportunity of the fellowship helped deepen her knowledge of human rights.

“In the future, I plan to use the knowledge gained during the course to join a large human rights organization and work to better stand up for human rights and campaign for the effective implementation of conventions signed and ratified by our countries,’’ she said.

For his part, young Ivorian human rights defender Sylvain Kouassi Faithe said he will use the training to better defend the rights of minority groups and prevent human rights violations in the central region of the country where he lives.

Gaëtan’s human rights research covered many parts of West and Central Africa – Côte d’Ivoire, Burkina Faso, Chad, Guinea, Mali, Mauritania, Niger, Senegal, Sierra Leone and Togo. His meticulous findings and careful analysis led to the release of many prisoners of conscience, helped secure justice and reparations for many victims, and assisted many affected communities in their processes of recovery after human rights abuses.

“Standing up against human rights violations is more and more challenging as the world around us rapidly transforms and sources of repression mutate. We must keep up with the pace of change, address the issues of today but be astute, adaptive and engaging too so that we also defend human rights for the future,” said Agnes Callamard.

“We must foster and equip young activists and young leaders now. We must share knowledge, exchange and collaborate with them to help empower their action in their human rights realities. And we must remove old barriers and open new doors so that their strength, innovation and vision drive the global human rights movement today and tomorrow. This bursary is an important step towards that human rights reality.”

The post Amnesty International announces awardees of human rights bursary in honour of late Gaëtan Mootoo appeared first on Amnesty International.

The attack, which took place on the night of 30 April, was filmed by the assailants who then posted the video on social media. After being assaulted, Kani, Fati and Jennifer-names by which they refer to themselves-who went to seek refuge with a local transgender association continued receiving threats.

The assault on the three transgender women must prompt the authorities to take stronger measures to protect them as well as all their defenders.

Fabien Offner, Amnesty International West Africa researcher.

“The assault on the three transgender women must prompt the authorities to take stronger measures to protect them as well as all their defenders,” said Fabien Offner, Amnesty International West Africa researcher.

“They should ensure transgender and intersex people who are victims of such violations have access to remedies. Perpetrators of this assault must also be identified and prosecuted during fair trial.”

The three transgender women told Amnesty International they were victims of a trap set by a person supposed to be their ‘friend’, who had invited them to a ‘birthday party’ in a bar they would regularly gather in for drinks.

Following their arrival, they felt the ‘birthday party’ was not going to take place. Their ‘friend’ was moving in and out of the bar while men they had never met came to sit next to them, observing them closely.

..I was asked if I'm a man or a woman. I didn't answer, then I said I'm a trans woman. The man who asked me the question didn't understand what I was saying. He then touched me and started slapping me when he saw that I had no breasts.

One of the three women told Amnesty International

One of the three women told Amnesty International:

“Our ‘friend’ asked Fati to join him outside the bar. She then realized that he was no longer waiting for her outside. Two men started assaulting Fati and stealing her belongings after asking her if she was a man or a woman. We wanted to go out to join her, but the door had been closed. We couldn’t run away or help Fati. The door was finally opened, and we were able to join her outside. I was asked if I’m a man or a woman. I didn’t answer, then I said I’m a trans woman. The man who asked me the question didn’t understand what I was saying. He then touched me and started slapping me when he saw that I had no breasts. “

She added:

“They had started taking pictures of us. Then they threatened us to undress. They forced us to pull off our clothes. I screamed to ask them to take us to the police station, but they kept hitting me, then I tried to defend Fati, and someone hit me on the neck with a bottle of beer. During all this time, people were filming and photographing us (…) Finally, we were able to escape thanks to the taxi-motorcycle drivers.’’

Amnesty International has viewed several videos showing a noisy crowd of men in front of the three transgender women who were trapped against a wall, forced to undress, and prevented from hiding their genitals with their hands.

The medical certificate of one of the victims reviewed by Amnesty International concludes that “severe bodily contusion is compatible with the abuse the patient claims to have suffered,” and has prescribed a week of total incapacity for work.

Since the attack, none of the three has been able to return home. After the videos were posted on social media, some of their parents threatened to kill or poison them if they returned home. Other parents advised them to keep a low profile for a while.

On the night of 1 May, two individuals broke into the premises of the association where the three victims found refuge.

“They climbed into the courtyard of the building but were seen by people who shouted to scare them away,” the president of the association told Amnesty International. He said that during the day, a crowd gathered in front of the building, pointing at people entering and those exiting. He told Amnesty International he felt threatened.

Other LGBTI rights associations across Benin which have publicly or not stood up for three women have also received threats following the assaults.

The president of one of them told Amnesty International:

“Before the three were assaulted I was already insulted, and I never responded. The situation worsened after they were attacked as five members of the association including myself received threats. In the area where I live, I hardly go out, and my parents threatened to kick me out of the house, accusing me of being a damned child.”

The president and founder of another LGBTI rights association also told Amnesty International that she received death and rape threats over the phone after she denounced the assault in a video posted on 2 May on the association’s Facebook page.

The human rights of these three transgender women must be respected by all. The authorities must prevent them from living in a hostile environment.

Fabien Offner

“The human rights of these three transgender women must be respected by all. The authorities must prevent them from living in a hostile environment,” said Fabien Offner.

“The lawmakers should explicitly prohibit in the law discrimination based on gender identity and expression and recognize and protect human rights defenders who defend the rights of transgender and intersex people.”

The post Benin: Threat on transgender people and their defenders following the assault on three of them appeared first on Amnesty International.

In the second edition of The State of African Regional Human Rights Bodies and Mechanisms 2019-2020, released  on the African Human Rights Day, Amnesty International said the mechanisms established to safeguard human rights across the continent are facing enormous challenges, and at least one is facing an existential threat.

Given the magnitude of gross human rights violations across the continent, regional human rights bodies play a critical role in providing justice and accountability.

Netsanet Belay, Amnesty International’s Director for Research and Advocacy

 “Given the magnitude of gross human rights violations across the continent, regional human rights bodies play a critical role in providing justice and accountability,” said Netsanet Belay, Amnesty International’s Director for Research and Advocacy.

“These mechanisms must be protected and fully supported. They serve as vital alternative channels for people to seek justice and effective remedies when national systems are compromised or inadequate.” 

Amnesty International’s report reviews and analyses the performance of Africa’s human rights treaty bodies:  the African Commission on Human and Peoples’ Rights (African Commission); the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee); and the African Court on Human and Peoples’ Rights (African Court).

Existential crisis for African human rights court

The report raises alarm that future of the African Court on Human and Peoples’ Rights is in jeopardy following decisions by three governments – Benin, Côte d’Ivoire and Tanzania – to withdraw the right of individuals and NGOs to directly file cases before the court. Rwanda withdrew this right in 2016 bringing to four the number of countries that are now restricting access to this vital pathway to justice.

Amnesty International found that Benin, Côte d’Ivoire and Tanzania withdrew this right in response to decisions they perceived as unfavourable, and amid rising intolerance towards human rights defenders and a general deterioration of human rights conditions nationally.

Tanzania withdrew the right in November 2019, misleadingly claiming that the court had entertained matters that should have been handled by national courts. Benin and Côte d’Ivoire withdrew in March and April 2020, respectively. Benin disagreed with the court’s order to suspend seizure of an applicant’s property in a dispute with a bank, claiming the order undermined the country’s economic interests and political stability. Côte d’Ivoire was riled by the court’s decision to suspend an international arrest warrant against former Prime Minister, Guillaume Soro, and to release on bail 19 detained opposition politicians, claiming the court infringed on its sovereignty.

The decision by countries to hit back at the court for decisions they disagreed with is extremely worrying. African states must refrain from using political muscle against institutions whose very purpose is to ensure justice is available to everyone, regardless of their government’s politics.

Netsanet Belay, Amnesty International's Director for Research and Policy

“The decision by these countries to hit back at the court for decisions they disagreed with is extremely worrying. African states must refrain from using political muscle against institutions whose very purpose is to ensure justice is available to everyone, regardless of their government’s politics,” said Netsanet Belay. 

To date, the African human rights court has issued by far the most judgements against Tanzania. The country also has the highest number of cases pending against it, most of which relate to the right to fair trial.  

Burkina Faso is the only country that has fully complied with the judgments of the African Court. Tanzania has complied partially while Côte d’Ivoire has submitted an implementation report to the court. Benin, Kenya, Libya, and Rwanda, against which judgments have been issued, have not complied at all, some brazenly declaring they would not comply with the court’s orders and judgments.

Dismal compliance and cooperation

Amnesty International rated the overall compliance of African countries to their reporting obligations to the African Commission of Human and Peoples’ Rights as dismal. As of 30 June 2020, only six countries had submitted periodic reports, as required under the African Charter on Human and Peoples’ Rights. Six countries – Comoros, Equatorial Guinea, Guinea Bissau, Sao Tome and Principe, Somalia and South Sudan, have never submitted a single report.

Governments responded to only four out of 14 urgent appeals on allegations of human rights violations issued by the African Commission. Most of the urgent appeals issued (57%) were interventions on behalf of human rights defenders. It is however unclear whether the four responses substantively addressed the allegations, or merely acknowledged receipt of the Commission’s communications.

The disruptive effects of COVID-19 have exacerbated problems for Africa’s three human rights bodies, which were already starved of finances and resources.

Netsanet Belay, Amnesty International's Research and Policy Director

Amnesty International’s report notes that many African governments have imposed a range of measures to manage the COVID-19 pandemic, most of which were implemented with the use of excessive force, arbitrary arrests or detention, restrictions on civic space, and blanket denial of the right to seek asylum.

“The disruptive effects of COVID-19 have exacerbated problems for Africa’s three human rights bodies, which were already starved of finances and resources. Despite this, the bodies demonstrated some progress and innovation in some areas of their work, which sharply contrasted with stagnation and retrogression in other areas,” said Netsanet Belay.

People with disabilities and older persons

Shockingly, Amnesty International found that not a single member state of the African Union has yet ratified the Protocol on Persons with Disabilities in Africa, two years after the treaty was adopted. Likewise, almost five years since the Protocol on Older Persons was adopted in January 2016, only two countries – Benin and Lesotho – have ratified it.

“The African Charter on Human and Peoples’ Rights will be 40 years old in 2021. It is disappointing that so many governments are yet to turn their rhetoric into concrete action in support of regional human rights bodies and instruments. It is high time for African Union member states to practically live out their stated commitments to human rights, including by expediting ratification, domestication and implementation of all regional human rights instruments”, said Netsanet Belay.

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In a letter dated 21 April, the government informed the African Union of its decision which comes at a time of growing human rights abuses by the authorities, particularly in relation to freedom of expression.

This decision which will block individuals and NGOs from directly accessing the African Court demonstrates a real deterioration in the Benin government’s protection of human rights.

Samira Daoud, Amnesty International’s Regional Director for West and Central Africa.

” This decision which will block individuals and NGOs from directly accessing the African Court demonstrates a real deterioration in the Benin government’s protection of human rights,’” said Samira Daoud, Amnesty International’s Regional Director for West and Central Africa. 

 “We call on the authorities to reconsider this deplorable decision, which is a full-on attack on human rights.”

Last week, following a complaint made by Sebastien Ajavon, a political opponent of Benin’s President, the Court ordered the authorities to temporarily postpone local elections until it had issued a decision on the allegations.

The African Court is the judicial body of the African Union that oversees the protection and promotion of human rights by its Member States. It was established by the 1998 Protocol to the African Charter on Human and Peoples’ Rights.

By ratifying this protocol and making the declaration set out in Article 34(6) thereof, Benin offered individuals and NGOs the possibility of bringing a complaint regarding the State’s violation of the African Charter to this Court, after exhaustion of all local remedies.

Benin now becomes the third African country after Rwanda and Tanzania, and the first in West Africa, to withdraw individuals’ and NGOs’ right to submit complaints to the African Court. This decision will take effect in one year’s time.

“The African Court of Human and Peoples’ Rights has once more become a target for political attack by governments who show scant regard for human rights. With this act, Benin is undermining efforts to build a credible and effective regional human rights system,” said Samira Daoud.

Background

A wave of arbitrary arrests of political activists and journalists together with the repression of peaceful demonstrations has reached an alarming level in in Benin during the parliamentary elections of 28 April 2019.

With the Internet cut off for the whole of election day, Amnesty International documented at least four deaths by firearm between then and 2 May 2019, including a 19-year-old man and a 37-year-old woman.

On 31 October 2019, Parliament voted a law on “amnesty for criminal offences” committed during violence around the demonstrations that followed the parliamentary elections. This amnesty applies to anyone suspected of crimes during the post-electoral period, including members of the security forces and ordinary citizens. This law is in violation of the victims’ right to obtain justice and reparation.

In less than two years, at least 17 journalists, bloggers and political activists have been prosecuted under Law No. 2017-20 of 20 April 2018, which sets out repressive measures that restrict rights to freedom of speech and freedom of the press in Benin. The Benin authorities last year expelled the European Union Ambassador for alleged interference in internal affairs.

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“The decision to shut down access to the Internet and social media on an election day is a blunt violation of the right to freedom of expression.

The decision to shut down access to the Internet and social media on an election day is a blunt violation of the right to freedom of expression.

Amnesty International West Africa Researcher

“It is effectively silencing human rights defenders, journalists and bloggers who are monitoring contested parliamentary elections without opposition candidates. 

“We call on the authorities of Benin to immediately lift all blanket restrictions on access to the internet and social media to enable people to freely  express their opinions and report on any election-related matter.”

Background

Today authorities in Benin have shut down the access to social media as the country’s parliamentary elections are taking place without opposition parties. This week, Amnesty International warned that the wave of arbitrary arrests of political activists and journalists, and the crackdown on peaceful protests, had reached an alarming level in Benin ahead of the vote.

Since the beginning of the year, at least five Internet shutdowns have been documented in sub-Saharan Africa, including in Chad, Democratic Republic of Congo, Gabon, Mali and Zimbabwe.

Internet shutdowns are a clear violation of the right to freedom of expression protected under article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights, to which Benin is a party.

In 2016, the African Commission on Human and Peoples’ rights adopted a resolution on the right to freedom of information and expression on the internet in Africa in which it expressed its concerns over “the emerging practice of State Parties of interrupting or limiting access to telecommunications services such as the Internet, social media and messaging services, increasingly during elections.”

Amnesty International, the #KeepItOnCoalition and other organizations wrote an open letter to the Beninese authorities to call on them to restore access to Internet.

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Since February, security forces have dispersed peaceful protests using tear gas and batons, and arrested opposition officials. At least one person died during clashes between protesters and members of the security forces in February in the northern town of Kilibo. This follows the Electoral Commission’s decision to authorize only two political parties – both from the presidential camp- to stand in the elections and to exclude all opposition candidates’ lists. Local authorities have introduced blanket bans on protests in the run up to the elections, including in the town of Parakou and the departments of Collines and Zou.

The growing wave of arrests and detentions in Benin is extremely troubling, particularly in the context of elections. Banning peaceful protests and detaining those who speak up against the exclusion of opposition parties from the legislative election will only fuel political turmoil

François Patuel, Amnesty International’s West Africa researcher

“The growing wave of arrests and detentions in Benin is extremely troubling, particularly in the context of elections. Banning peaceful protests and detaining those who speak up against the exclusion of opposition parties from the legislative election will only fuel political turmoil,” said François Patuel, Amnesty International’s West Africa researcher.

“The authorities need to ensure that rights to freedom of expression, association and peaceful assembly are upheld. Security forces must refrain from using force against peaceful protesters in any circumstances.”

Amnesty International has documented at least three instances where security forces have repressed peaceful protests organized by opposition parties ahead of the parliamentary elections. These took place on April 1, 4 and 19 respectively when security forces, including police, used tear gas, batons and compressed air launchers to disperse opposition gatherings. Members of the military armed forces and of the police deployed at demonstration sites were carrying firearms.

On 19 April, the security forces fired tear gas on two of Benin’s former Presidents, Nicéphore Soglo and Thomas Boni Yayi, and the eldest member of Parliament, 83-year-old Rosine Vieyra Soglo, as they were addressing protestors at a demonstration site in the capital Cotonou.

Several individuals were arrested in the context of the protests, including political leaders.  Julien Agossou Bodé an opposition figure was arrested on 19 April and charged with inciting violence for a video he posted on social media. He was released on bail on 23 April pending his trial on 6 May.

Yibatou Sani Glélé, a member of the opposition Democratic Renewal Party (PRD in French) and MP in the current National Assembly was arrested with another member of her party at a gathering with women at the Ouando Market in the southern city of Porto Novo on 23 April. They were peacefully protesting the exclusion of the PRD from the legislative elections. The police seized their placards and speaker. They were detained for six hours and charged with “holding an unauthorised gathering” and “incitement to hold an unauthorised gathering”. They were released on bail and are expected before court on 6 May. 

Amnesty International considers requirements of prior authorization to hold assemblies and the criminalization of peaceful protest to be in violation of international human rights law and standards. 

Journalists have also paid a high price with arrests and intimidation hanging over their head. On 18 April, the managing editor of “Nouvelle Economie” newspaper, Casimir Kpédjo was arrested at his house. His lawyer told Amnesty International that the arrest took place following a complaint from the State Judicial Officer, who represents the state of Benin before the courts, for a post on Facebook in which he claims that the country has a debt of nearly 725 million USD (428 CFA billion) in breach of the 2019 finance law. He was charged with publishing “false information”. He was released on bail on 23 April but is still facing trial.

Ignace Sossou, a journalist with the news website beninwebtv.com is being prosecuted for publishing “false information” over two articles he posted on tax evasion in Benin. He was summoned three times by the Central Office for the Repression of Cybercriminality and will be standing trial on 10 June.

Benin has adopted several repressive laws in recent years which are now being used to crackdown on dissent, including a Code of digital law  adopted in 2017 which criminalizes the publishing of false information, press offenses online and incitement to rebellion online.

The country’s Penal Code, adopted in 2018, criminalizes “offenses against the symbols and values of the State, the Republic, communities and religions”, “unarmed gatherings that could disturb public tranquillity” and “provocations to unarmed gathering”.

We call on the authorities to take all appropriate measures to ensure that the election is held in a climate that is free from violence and allow all people to express their views and stop the intimidation of journalists which has a chilling effect on press freedom

François Patuel

In the same year, the National Assembly also adopted a law on the right to strike which restricts the maximum duration of a strike to 10 days per year for all civil servants, local government personnel, public and private-sector workers, and parastatal employees. The law bars health-sector staff from striking. 

“We call on the authorities to take all appropriate measures to ensure that the election is held in a climate that is free from violence and allow all people to express their views and stop the intimidation of journalists which has a chilling effect on press freedom,” said François Patuel.

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The organization is also calling on the authorities to provide the death row prisoners with adequate food and medical care, and ensure that national legislation is reviewed and reformed in order to remove all provisions pertaining to the death penalty in all relevant laws, for all crimes.

“The judgment of the Constitutional Court last year which effectively abolished the death penalty for all crimes in Benin is remarkable and progressive. Despite this the status of 14 men who have been on death row in grim conditions for nearly two decades has not changed,” said Oluwatosin Popoola, Amnesty International’s Adviser on the death penalty.

The judgment of the Constitutional Court last year which effectively abolished the death penalty for all crimes in Benin is remarkable and progressive. Despite this the status of 14 men who have been on death row in grim conditions for nearly two decades has not changed

Oluwatosin Popoola, Amnesty International’s Adviser on the death penalty

“The authorities cannot continue to keep the men on death row when the court has abolished the death penalty, the uncertainty that hangs over the men needs to be resolved urgently through the commutation of their death sentences”.

The 14 men are the last prisoners on death row in Benin. They have all been in prison for between 18 to 20 years. Benin’s government says it will not execute them, yet it has not commuted their death sentences. Conditions for them on death row are harsh as they are isolated from other prisoners and all share one cell. The last known execution in Benin was carried out in 1987.

Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment.

To take action on the petition click here 

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The 14 remaining death row inmates have been informed by prison authorities that they will not be executed but are still being held in terrible conditions separately from other inmates at Akpro-Missérété Prison, close to Port Novo, Benin’s capital.

“These men have already suffered almost 20 years on death row, unsure every day that they wake whether or not it will be their last,” said Oluwatosin Popoola, Amnesty International’s Adviser on the death penalty. “They face an unclear fate in appalling detention conditions, without adequate food and medical care.”

These men have already suffered almost 20 years on death row, unsure every day that they wake whether or not it will be their last

Oluwatosin Popoola, Amnesty International’s Adviser on the death penalty.

“The Benin authorities must urgently commute their sentences officially and ensure that the conditions they are being held in comply with minimum international standards. This would bring to a close the cruel uncertainty that the men have been living with for nearly two decades and demonstrate Benin’s commitment to eliminating the last vestiges of the death penalty in the country.”

Azonhito Yaovi, aged 54, has been on death row for 18 years after being sentenced to death in August 1998. He told Amnesty International:

“The fear of death is often worse than death itself. For years, I woke up wondering: will I be executed today, tomorrow, in a few months or in a few years?”

According to Amnesty International’s new report, prisoners on death row have very limited contact with the outside world. They are only allowed out of their cells five times a week when they have access to a small courtyard separate from the larger one used by other inmates. They are given just two small meals a day which they have to supplement where possible with food brought by their families.

If one of the death row prisoners is disciplined for misconduct, the whole group is locked up in their cells for several days as a collective sanction.

Death row detainees were convicted for a range of offences including armed robbery and assault, which do not meet the threshold of “most serious crimes”, which is the only category of crimes for which international law allows the death penalty.

Additionally, many of the men said they have been unable to properly appeal their convictions as they could not afford lawyers or never heard the result of their appeal procedure. All the men were convicted in either 1998 or 1999. The authorities must ensure they are provided with legal aid to pursue any outstanding appeals or seek judicial review against their convictions.

The report also highlights how the prisoners had suffered from life-threatening diseases, including malaria and tuberculosis, and that three death row prisoners had died due to inadequate medical care when held in Cotonou Prison, before they were transferred to Akpro-Missérété Prison in 2010.

Death row prisoners said that they had to rely on relatives bringing them medication from outside. The prison authorities acknowledged that medical care for the inmates is limited.

Fataï Bankole, 52, told Amnesty International: “When we are sick, we rely on the help we can get from outside. If you have money and family to provide you with treatment, you survive. If you don’t, you die.”

In addition to commuting the death sentences of all death row prisoners, Amnesty International is calling on the National Assembly of Benin to adopt legislation to remove death penalty provisions from its books.

Benin is the 104th country in the world and the 19th country in sub-Saharan Africa to abolish the death penalty for all crimes and we applaud its efforts

Oluwatosin Popoola

“Benin is the 104th country in the world and the 19th country in sub-Saharan Africa to abolish the death penalty for all crimes and we applaud its efforts,” said Oluwatosin Popoola.

“However, it needs to formalize the abolition in its laws to make absolutely sure there’s no chance of sliding backwards on this achievement.”

Background

The last known execution in Benin was carried out in 1987. In 2012 the country acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at abolishing the death penalty (ICCPR-OP2). The treaty commits Benin not to carry out executions and to take all necessary measures to abolish the death penalty within its jurisdiction. Benin has fulfilled its obligation, under the treaty, not to carry out executions.

In addition, two landmark decisions of the Constitutional Court have entrenched abolition of the death penalty in Benin. A recent 2016 judgement makes it impossible for the courts to impose death sentences, effectively abolishing the death penalty in Benin.

Death penalty provisions have already been removed from the Criminal Procedure Code while a bill is pending at the National Assembly which would revise the Criminal Code and completely remove death penalty provisions.

Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution. The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment.

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“The ban is part of an unacceptable attempt to stifle legitimate dissent among student groups through repressive and intimidating measures including the use of excessive force during demonstration and the arbitrary detention of youth activists.”

“The banning of students from universities and the invalidation of the academic years in faculties where demonstration takes place are also alarming.”

“This blanket ban on the activities of student associations must be lifted immediately in order to restore social justice and peace on the campuses, as well as to guarantee that students can freely exercise their rights to freedom of expression, association and peaceful assembly.”

Background

On 5th October, the Council of Ministers in Benin has banned the activities of student associations in all universities in the country. This follows a tense situation which in July led to the security forces using tear gas and batons to disperse a peaceful demonstration by students in the capital Cotonou. At least twenty people were injured.

The students were protesting to call on the authorities to pay allowances and organise exams. At least 9 students were arrested following the demonstrations and detained for two weeks before being released.

Twenty-one students presumed to have participated in the protests were banned from registering at the university for five years. In August, the university decided it would invalidate the academic year for all the students in the faculty where most demonstrators were studying, affecting thousands of students.

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