Matiullah Wesa worked with community and tribal leaders in remote areas in Afghanistan to advocate for education and bring learning closer to communities.

By David Kode
JOHANNESBURG, Apr 19 2023 (IPS)

Matiullah Wesa’s crime was to try to ensure young people got an education in Afghanistan. His recent forceful abduction by the Taliban offers the latest stark reminder that global solidarity and coherent action from the international community are needed to prevent the complete loss of the rights of women and girls in Afghanistan.

Matiullah has been at the forefront of advocating for access to education as a co-founder and leader of Pen Path. For more than a decade, Pen Path has worked with community and tribal leaders in remote areas in Afghanistan to advocate for education and bring learning closer to communities. It works to enlighten communities about the importance of education, particularly girl’s and women’s education, organises book donations, runs mobile libraries in remote areas and reopens schools closed by years of conflict and insecurity. Pen Path has reopened over 100 schools, distributed more than 1.5 million items of stationery and provided education facilities for 110,000 children – 66,000 of them girls. This is what Matiullah is being punished for.

The abduction of Matiullah and many others advocating for the rights of education point to a concerted effort by the Taliban to try to restrict women’s and girls’ access to education and silence those advocating for education and an inclusive society.

There are sadly many other instances. In November 2022 around 60 Taliban members stormed a press conference organised to announce the formation of Afghan Women Movement for Equality. They arrested conference participants and deleted all images from their phones.

Immediately after taking power in August 2021, the Taliban instructed women to stay at home and avoid travelling. In December 2022, the Ministry of Higher Education announced it had suspended university education for women until further notice. Taliban officials argued that female students did not wear proper clothing on campus and announced it was enforcing gender segregation in schools. These decisions have been accompanied by others that force thousands of female workers to stay at home and prevent women and girls entering public spaces such as parks.

In December 2022 the Taliban banned women from working for international and national civil society organisations. This was a move that could only be counter-productive, since women play a vital role in providing essential services that people need. Banning women from working for civil society organisations affects millions in dire need of humanitarian assistance and services to women and children, as well as further increasing unemployment. The Taliban urged organisations to suspend female staff under the pretence that workers did not adhere to the regime’s strict dress code.

Most recently, women have been banned from working for United Nations agencies that are operating in Afghanistan. The United Nations may have to pull out.

It has taken just months for the Taliban to reverse the gains made over the years before their return that saw Afghan women claim visibility in public life and work such roles as broadcasters, doctors and judges.

Women in Afghanistan are fighting but can’t succeed alone

These restrictions on women’s rights should be seen in the context of the closing of civic space and attacks on other fundamental rights. As a result, Afghanistan’s civic space rating was recently downgraded to closed, the worst category, by the CIVICUS Monitor, a research partnership that tracks civic space conditions in 197 countries.

Despite the ongoing restrictions against women, the brave women of Afghanistan refuse to back down. They continue to organise what protests they can against restrictions and women human rights defenders continue to advocate for the rights of all women and girls to access education and participate in decision-making processes.

When women protest against restrictions, they risk harassment, physical and psychological torture and detentions. Some have been forcefully abducted from their homes. In January 2022, Taliban gunmen raided the homes of women human rights defenders Parwana Ibrahimkhel and Tamana Zaryab and abducted them.

No society can reach its real potential without the participation of women. The international community must double its efforts to support women and girls in Afghanistan. States should respond proactively to the United Nations 2023 appeal for Afghanistan. Aid should however be made conditional on guarantees to uphold the fundamental rights of women and girls. The international community should accompany aid with a strategy to build a more inclusive and open society.

Not to do so would be to abandon the likes of Matiullah Wesa, the many others like him penalised for standing up for education and rights, and the women of girls of Afghanistan being forced into silence.

David Kode is the Advocacy and Campaigns Lead at CIVICUS, the global civil society alliance.

Follow @IPSNewsUNBureau
  

The International Criminal Court in the Hague, Netherlands. Credit: UN Photo/Rick Bajornas.

By David Kode
JOHANNESBURG, Oct 25 2018 (IPS)

For many African activists based on the continent, getting to a major human rights summit just underway in The Gambia is likely to have been a challenging exercise. The journey by air from many African countries to the capital, Banjul, for the 63rd Session of the African Commission on Human and People’s Rights (ACHPR), could have been prohibitively expensive, involved transiting through multiple cities and taken days.

And if the African Union (AU) has its way, getting the host institution – Africa’s main human rights body – to respond to their grievances of rights violations, as it has done for years, is going to be equally challenging for them. Recent moves by the AU to curtail the Commission’s independence could ultimately leave African activists and citizens without a vital and often rare structure where human rights abuses committed against them are addressed.

The ACHPR, whose sessions represent the largest gatherings of civil society in Africa, was established more than 30 years ago in Ethiopia by the AU’s predecessor, the Organisation of African Unity (OAU). Its mandate was to protect and promote people’s and human rights throughout the continent, as well as its founding treaty, the African Charter.

Over the years, the Commission has provided a precious space for civil society representatives from nations such as Sudan, South Sudan, the Democratic Republic of Congo (DRC) and Ethiopia – countries where the space for civil society has been closed – to air human rights grievances and see action taken. Indeed, for activists from a country like Eritrea, in which no independent human rights groups are allowed to operate, this body provides presents a unique platform to let the world know about the abuses Eritreans face and to call for solidarity and action, backed by the Commission. Today, the independence that enabled the ACHPR to pass binding resolutions on rights violations is being consistently eroded by the AU.

Evidence of this can be seen in a recent AU Executive Council decision that the Commission has a “functional nature” and is not independent from the structures that created it. The statement goes further to caution the Commission against acting as an “appellate body” that undermines national legal systems. The Commission, however, was created by and gets its authority from the African Charter and the fact that its commissioners serve in their individual capacity and not as country representatives suggests the objective of the Commission to carry out independent investigations into human rights violations independent of states.

While the AU has remained silent on countless instances of governments’ gross violations of people’s rights, the African Commission has spoken out publicly in its capacity as a quasi-judicial body, condemning these abuses and calling on states to address them.

Another AU Executive Council decision instructed the ACHPR to withdraw its accreditation of the Coalition of African Lesbians (CAL) by the end of the year – a move that would deny this prominent LGBTI rights group access to the Commission. This resolution clearly undermines the Commission’s independence and could set a precedent for excluding other organisations during crucial human rights work.

The Commission has made some significant judgements such as one passed last year in a case brought by the indigenous Endorois community in Kenya against the Kenyan government. The ACHPR ruled that the government had violated provisions of the African Charter and that it recognise the community’s right of ownership of their land and restitute it. In another landmark case a few months later, the Commission ruled that the DRC pay US $2.5million to the victims and families of those massacred in the southeastern town of Kilwa in 2004. While these judgments are not enforceable, they represent big wins for civil society and communities that are often disappointed by national judicial processes.

The threats to the ACHPR’s independence resonate with a worrying trend on the continent where states work to erode the powers of regional and international human rights mechanisms, leaving citizens vulnerable to abuses with no recourse to justice. In 2016, Burundi, The Gambia and South Africa notified the International Criminal Court (ICC) of their intention to withdraw from the body and the Rome Statute. Other countries such as Kenya and Uganda have at threatened to also leave, citing a bias by the court against African leaders.

The AU also called for a mass pull out of African states and discussed the idea of a collective withdrawal by the continental body. Of the three countries that notified the ICC of their intention to leave, Burundi became was the first and only country to do so, a year ago. Many African states contested the AU’s proposed “withdrawal strategy” while Gambia re-joined the court after a change of government. South Africa put its pull-out plans “on hold” after a South African High Court ruled that a notice of withdrawal without parliament’s approval was unconstitutional.

We saw the trend of states undermining judicial bodies emerge again when, in 2011, the Southern African Development Community (SADC) resolved to suspend all operations of one of its key institutions, the SADC Tribunal. SADC heads of state followed this up three years later with the adoption of a protocol limiting the Tribunal’s jurisdiction to inter-state disputes. This decision dealt a major blow to states’ accountability, particularly since the independence of the judiciary in most African countries is compromised and courts are controlled by the executive, leaving citizens with no recourse to seek justice for violations, especially when states are the main perpetrators.

The campaign by African states to undermine key regional and international human rights mechanisms have been in response to attempts by these structures to hold them and their leaders accountable. The ACHPR requires individuals and organisations to bring cases before it after exhausting all national legal avenues. Other regional human rights systems are either inaccessible, inefficient or compromised. As the judiciary in many African countries increasingly succumb to pressure from the executive, national courts fail citizens miserably leaving them with no choice but to approach take the African Commission.

The AU’s curtailing of the Commission’s independence, SADC’s the suspension of its Tribunal and African states’ rejection of the Rome Statute and the ICC all contribute to an environment in which citizens are left vulnerable to human rights violations and crimes against humanity, and victims and survivors are denied access to justice.

If African leaders succeed in stripping the ACHPR of its independence and authority, African people will effectively lose yet another valuable institution to the rising tide of repressive and restrictive governance, keeping many vulnerable to a cycle of human rights violations, with no recourse for justice or even a hearing.

Excerpt:

By David Kode
JOHANNESBURG, Apr 24 2015 (IPS)

Pierre Claver Mbonimpa is not permitted to get close to an airport, train station or port without authorisation from a judge.  He cannot travel outside of the capital of his native Burundi, Bujumbura. Whenever called upon, he must present himself before judicial authorities.

These are some of the onerous restrictions underlying the bail conditions of one of Burundi’s most prominent human rights activists since he was provisionally released on medical grounds in September last year, after spending more than four months in prison for his human rights work.

David Kode

Mbonimpa was arrested and detained on May 15, 2014, and charged with endangering state security and inciting public disobedience. The charges stemmed from views he expressed during an interview with an independent radio station, Radio Public Africaine, in which he stated that members of the Imbonerakure, the youth wing of the ruling CNDD-FDD party, were being armed and sent to the Democratic Republic of Congo for military training.

The arrest and detention of Pierre Claver is symptomatic of a pattern of repression and intimidation of human rights defenders, journalists, dissenters and members of the political opposition in Burundi as it heads towards its much anticipated elections in May and June 2015.

The forthcoming polls will be the third democratic elections organised since the end of the brutal civil war in 2005.  The antagonism of the CNDD-FDD government and its crackdown on civil society and members of opposition formations has increased, particularly as the incumbent, President Pierre Nkurunziza, silences critics and opponents in his bid to run for a third term even after the National Assembly rejected his proposals to extend his term in office.“The international community and Burundi’s donors cannot afford to stand by idly and witness a distortion of the decade-long relative peace that Burundi has enjoyed, which represents the most peaceful decade since independence from Belgium in 1962”

Tensions continue to mount ahead of the polls and even though the president has not publicly stated that he will contest the next elections, the actions of his government and the ruling party clearly suggest he will run for another term.  Members of his party argue that he has technically run the country for one term only as he was not “elected” by the people when he took to power in 2005.

Civil society organisations and religious leaders recently pointed out that Constitution and the Arusha Peace and Reconciliation Agreement – which brought an end to the civil war – clearly limit presidential terms to two years.

As the 2015 polls draw closer, state repression has increased, some political parties have been suspended and their members arrested and jailed. The Imbonerakure has embarked on campaigns to intimidate, physically assault and threaten members of the opposition with impunity. They have prevented some political gatherings from taking place under the pretext that they are guaranteeing security at the local level.

Civil society organisations and rival political movements have on several occasions been denied the right to hold public meetings and assemblies, while journalists and activists have been arrested and held under fictitious charges in an attempt to silence them and force them to resort to self-censorship.

Legislation has been used to stifle freedom of expression and restrict the activities of journalists and the independent media.  In June 2013, the government passed a new law which forces journalists to reveal their sources.

The law provides wide-ranging powers to the authorities and sets requirements for journalists to attain certain levels of education and professional expertise, limits issues journalists can cover and imposes fines on those who violate this law.  It prohibits the publication of news items on security issues, defence, public safety and the economy.

The law has been used to target media agencies and journalists, including prominent journalist Bob Rugurika, director of Radio Public Africaine.

The government does not see any major difference between opposition political parties and human rights activists and journalists and has often accused civil society and the media of being mouth pieces for the political opposition, describing them as “enemies of the state”.

In the lead-up to the last elections in 2010, most of the opposition parties decided to boycott the elections and the ruling party won almost unopposed. However, the post-elections period was characterised by political violence and conflict.

Ideally, the upcoming elections could present the perfect opportunity to “jump start” Burundi’s democracy.  For this to happen, the media and civil society need to operate without fear or intimidation from state and non-state actors.  On the contrary, state repression is bound to trigger a violent response from some of the opposition parties and ignite violence similar to that which happened in 2010.

The international community and Burundi’s donors cannot afford to stand by idly and witness a distortion of the decade-long relative peace that Burundi has enjoyed, which represents the most peaceful decade since independence from Belgium in 1962.

It is increasingly clear that the people of Burundi need the support of the international community at this critical juncture. The African Union (AU), with its public commitment to democracy and good governance, must act now by putting pressure on the government of Burundi to respect its democratic ideals to prevent more abuses and further restrictions on fundamental freedoms ahead of the elections.

The African Union should demand that the government stops extra-judicial killings and conducts independent investigations into members of the security forces and Imbonerakure who have committed human rights violations and hold them accountable.

Further, Burundi’s close development partners, particularly Belgium, France and the Netherlands, should condemn the attacks on civil liberties and urge the government to instil an enabling environment in which a free and fair political process can take place while journalists and civil society activists can perform their responsibilities without fear.  (END/IPS COLUMNIST SERVICE)

Edited by Phil Harris    

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service. 

Excerpt:

By David Kode
JOHANNESBURG, Sep 23 2013 (Columnist Service)

Last July marked 19 years of Gambian President Yahya Jammeh’s inordinately long rule. His legacy during this time is to mark his country as one of the most unapologetically repressive states in Africa.

In June, he told a public gathering he would never compromise on homosexuality. “Those talking about human rights, and saying that preventing homosexuality is a violation of human rights, I have one message for them: let them go and burn their tails in hell.”

Gambia also scores dismally on the well-respected Ibrahim Index of African Governance, just below Swaziland, one of the last remaining totalitarian monarchies in the world. Journalists and human rights defenders are under particular pressure. Many are afraid of being locked up on trumped-up charges for criticising the government’s wanton ways.

On Jul. 3, Gambia’s Information and Communications Act was amended to create new offences including “inciting dissatisfaction” and “making derogatory statements against government officials”, to deter the media and activists from publicly criticising the president and his cronies.

The penalties are severe. Circulating “false information” carries a stiff sentence of 15 years in jail and hefty fines of the equivalent of 87,000 dollars

The above amendment comes on the heels of a recent revision of the country’s Criminal Code which further reinforces the authority of government over citizens. Those found guilty of providing “false information” to a public servant or state authority can be penalised with a fine of 1,500 dollars or sentenced to five years in prison.

The implications are that any government official can make a judgement call on information they consider ‘false’ and take individuals to court on the basis of such information.

These recent actions are a reflection of a broader trend in which the government consistently threatens, intimidates and harasses journalists, dissenters and human rights defenders. Attacks on journalists and media outlets increased drastically in August 2012 in the wake of the execution of nine prisoners following public pronouncements by President Jammeh, who came to power through a coup in July 1994.

In a televised address, he informed Gambians in August 2012 that “all the death sentences would have been carried out to the letter – there is no way my government will allow 99 percent of the population to be held ransom by criminals.”

The executions were the first of their kind in over three decades and they were preceded by public announcements made by the president that all inmates on death row would be summarily executed.

Following pressure from the international community after the executions, the president issued a moratorium, halting further action on condition that the crime rate in the country did not increase.

There are serious concerns that some of those on death row and those executed were convicted on fictitious and politically-motivated charges.

Several national and international news agencies operating in the country that reported on and criticised the executions were targeted during this period. On Sept. 15, 2012, The Standard and Daily News newspapers were arbitrarily banned for apparently publishing stories critical of the executions. In August 2012 Teranga FM, an independent radio station, was shut down after it was warned to desist from broadcasting newspaper publications in local languages.

Journalists are increasingly being forced to resort to self-censorship as critical reporting – more often than not – elicits a backlash from government. In most cases, groups working on human rights issues have had to close down completely or ‘self-censor’ public reports on the state of human rights to avoid government reprisals.

Members and partners have told CIVICUS, the global civil society alliance, that they are scared to speak out lest they face the wrath of a state that might trump up ways and means of persecuting them. Some journalists critical of the government have fled the country to avoid persecution and those that have remained are regularly targeted by the authorities.

Ironically, the African Commission on Human and People’s Rights (ACHPR) is on Gambian soil, but the government seems to be oblivious to its commitments to regional and international human rights frameworks as it clamps down on critical voices in the media.

It is quite obvious that human rights concerns are only discussed in the Gambia when the ACHPR is in session. The authorities continue to use a variety of strategies, including judicial harassment, intimidation, threats, and repressive laws, to crack down on the media and silence those who question human rights violations.

The international community and African leaders in particular need to take action to halt the downward spiral of abuses of human rights and freedom of expression while Gambia continues to host the African Commission on Human and People’s Rights.

Jammeh needs to be held to account – or face serious consequences if he is not. The next session of the Commission is scheduled for October-November 2013. It is increasingly becoming a joke.

(END/COPYRIGHT IPS)

Excerpt: