Intervening at the 53rd ordinary session of African Commission on Human and Peoples Rights, on 18 April 2013, the FIDH and the OMCT, in the framework of their Observatory for the Protection of Human Rights Defenders, expressed their grave concern about the situation of human rights defenders in Africa, which they stated had not observed an improvement. Violations of human rights targeting defenders have continued, notably in Algeria, Cameroon, Chad, Democratic Republic of Congo DRC, Djibouti, Egypt, Gambia, Sudan and Zimbabwe. Judicial harassment based on false accusations, accompanied by arbitrary arrests and detentions, remains the most common harassment technique, especially in Algeria and Zimbabwe, but also in Cameroon, Djibouti, Egypt, The Gambia and Sudan. In several countries, including The Gambia and DRC, defenders have also been subjected to threats and smear campaigns. In late December 2012 / early January 2013, the presence in Goma in the Kivu region of non-State armed groups notably led to increased threats against local defenders, forcing many of them to hide or flee into exile. The targeted defenders are, inter alia, members of NGOs and lawyers in Chad, DRC, Zimbabwe, journalists in Djibouti, trade unionists fighting against impunity in Algeria, Djibouti, DRC, Zimbabwe or defending land rights and the right to a healthy environment in Cameroon; defenders of the right to work in Algeria and the right to health care in Sudan; advocates for the abolition of the death penalty in The Gambia, women’s rights in DRC, The Gambia, and free and fair elections in Zimbabwe; and activists campaigning against arbitrary detention in Egypt. Some excerpts follow but the reference to the full report is below:
Impunity and deficient justice
In many countries where impunity prevails, justice continues to be denied to human rights defenders who have been victims of human rights violations. For example, the judiciary concerned have so far refused to take into account relevant and credible elements of investigations indicating the responsibility of leading figures in assassinations that targeted defenders in the DRC in 2012 and Burundi in 2009. Indeed, the appeal proceedings in the DRC relating to the trial for the murder of Floribert Chebaya Bazire, President of Voice of the Voiceless and a member of the OMCT General Assembly, and Fidèle Bazana Edadi, on the one hand, and to the trial in Burundi for the murder of Mr. Ernest Manirumva, the Vice-President of the Observatory for the Fight Against Corruption and Economic Embezzlement in 2009, on the other hand, are being implemented without any of the leading figures mentioned in the formal investigation documents being held to account.
Judicial harassment
In some countries, such as Algeria, the extent of this harassment of defenders can unreservedly be qualified as systematic. The harassment victims are particularly active defenders who either had their appeal trial postponed; or have been arrested, detained and subjected to unfair trials. In Sudan, two young activists, Hatim Ali Abdalla and Khalid Omer Yousif, were harassed by the intelligence services after they supported a protest movement. Hatim Ali Abdalla was still being held in secret detention at the time of this intervention.
With the approaching elections in Zimbabwe, increasing numbers of human rights defenders are being arrested, arbitrarily detained and subjected to unjustified judicial procedures. Among those targeted are Fidelis Mudimu, Zachariah Godi, James Zidzimu, Tafadzwa Geza and Penn Bruno – all members of the Counselling Services Unit (CSU); Okay Machisa, Nunurai Jena, Dorcas Shereni, Leo Chamahwinya, Farai Bhani and Tatenda Chinaka from Zimrights, and, more recently, Ms. Beatrice Mtetwa, of the Zimbabwe Lawyers for Human Rights. In addition to being victims of judicial harassment, several defenders have also been convicted, notably in Egypt. For example, Hassan Mustafa, who defends the rights of detainees and works on issues such as economic rights and police violence, was sentenced to two years in prison on March 12, 2013. He remains in custody pending his appeal hearing set to take place in April 2013. In The Gambia, the acquittal on November 12, 2012 of Isatou Touray and Amie Bojang-Sissoho, after two years of litigation and 66 hearings, is to be welcomed.
Threats. Defenders are also victims of assault, harassment, threats and smear campaigns of all kinds. While they are frequently targeted by non-State agents, violence against them is very often tolerated, encouraged or directly perpetrated by State agents, especially by security forces who are supposed to provide protection. The impunity for perpetrators of human rights violations that continues to prevail in many sub-Saharan countries is contributing to the cycle of violence against defenders.
Shrinking space for human rights defenders to operate
In Arab countries, the hopes raised by the popular protest movements have given way to tensions gripping the new authorities, who are anxious to impose tight controls over the active forces of civil society, particularly NGOs and human rights defenders. …The issue of access to foreign financing is being manipulated by the authorities of those countries who are seeking to stifle defenders and to isolate them from both their respective bases and all international solidarity, accusing them of betraying the host country by engaging in politics or supporting the interests of foreign powers. Access to funding is essential for NGOs. All NGOs, regardless of their size, need funding and their right to access sources of local, regional, foreign and international financing must be protected. Without funding, NGOs would not be able to come to ACHPR sessions. Without funding, NGOs would not be able to interview victims, conduct investigations, or draft and print reports. Without funding, NGOs would not be able to take legal action. Without funding, NGOs would not be able to conduct human rights training for government officials and citizens.
In Algeria, on November 29, 2012, the National Association for Combating Corruption (ANLC) was informed that the Ministry of Interior had refused its application for registration without giving any reason for the decision. The ANLC founders then appealed to the Administrative Court of Algiers to demand the annulment of the decision and by the end of March 2013 the ANLC was still awaiting the Court ruling. This situation confirms the restrictive scope of the new law regulating freedom of association in the country (some of the provisions of this law: The scope of NGO activities is limited to the following areas: professional, social, scientific, religious, educational, cultural, sports, environmental, charitable and humanitarian; An NGO can be suspended if the Government considers that it is interfering in the internal affairs of the state; NGOs must obtain permission from the government to become affiliated with an international NGO; Access to foreign funds is prohibited except in cases where “official relations of coöperation” – a term not defined by law – exist). These provisions are in addition to the pursuance of restrictive practices. On March 25, 2013, for example, 96 human rights defenders, and independent trade unionists were prevented from leaving Algeria to attend the 13th World Social Forum held in Tunis from March 26 to 30.
In Egypt, a restrictive draft law that aims to regulate associations is currently being discussed in the Shura. If adopted, the scope of action for human rights defenders will be severely curtailed and the interference of security services in NGO activities will be legalised. (The main points of concern of the draft law are: Existing NGOs operating under statutes other than those applicable to associations will be shut down and their assets seized; Foreign NGOs must obtain permission from a committee comprising representatives from various ministries and the internal security agency (coördination committee) to conduct an activity or implement a project; Egyptian NGOs must obtain permission from the coördination committee to receive foreign funding; Failure to comply with the provisions of this law is punishable by a minimum one-year prison sentence and a heavy fine; The authorities enjoy wide powers to interfere in the internal decisions of NGOs and unlimited powers of inspection; Administrative courts may dissolve NGOs based on vague and imprecise pretexts).
At the end of 2012, the authorities in Sudan closed four organisations promoting democracy and human rights. Members of these organisations were arrested, their families threatened, and the government banned all protest against its decisions. The Observatory further recalls that in Ethiopia, the regulation of NGOs, in particular the provisions on financing from foreign sources adopted in 2009, forced Ethiopian NGOs working on human rights issues to reduce their activities and lay off staff in some cases, they had to cease all activities in relation to human rights. This is also reflected in the low representation of Ethiopian defenders at ACHPR sessions.
The intervention closes with a set of recommendations.
full text: http://www.fidh.org/Under-agenda-item-9-Situation-of-human-rights-defenders-13169
Hans Thoolen on Human Rights Defenders and their awards 
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