AFRICA: Amnesty Reports on Sub-Saharan Africa's Human Rights Record

A number of countries in Africa celebrated the 50th anniversary of their independence during the year while others prepared to do so soon.

Despite the celebrations, the hopes and aspirations of many people in Africa remained unfulfilled, because their human rights were not respected and protected.

The devastation caused can be seen in the hardship, repression and violence endured by people across the continent, such as those living in informal settlements in Port Harcourt, Nigeria, those languishing unfairly in prison in Angola despite the repeal of the law under which they were charged, the women and girls denied access to sexual and reproductive rights in Burkina Faso, and the millions of people who are still fleeing from armed conflict and poverty.

Conflict

During the past decade a number of long-standing civil wars have ended but other conflicts still continue to wreak havoc.

The armed conflict in Darfur, Sudan, intensified throughout the year, resulting in tens of thousands of newly displaced people, some of whom crossed into neighbouring Chad. Civilians were directly targeted in some attacks by armed groups and by government forces. Parts of Darfur remained inaccessible to humanitarian organizations and the joint UN-African Union (AU) mission in Darfur (UNAMID). Humanitarian workers and UNAMID staff were frequently abducted in Darfur, following a pattern similar to that seen in eastern Chad in recent years. Various mediation efforts during the year produced no tangible results. Repression by the Sudanese authorities continued in Darfur, with people being arbitrarily arrested, ill-treated and kept in detention without charge, primarily by the National Intelligence and Security Service (NISS). On a more positive note, preparations for the referendum on the secession of south Sudan did not lead to an increase in violence.

The relationship between Chad and Sudan improved, easing tensions between the two countries. A joint border patrol was set up, both countries promised not to support armed opposition groups in each other's country and there were reciprocal visits by the Heads of State.

Even though Chad is a party to the Rome Statute of the International Criminal Court (ICC), it failed to arrest President Omar Al Bashir during his visit to Chad in July, despite the ICC arrest warrant against him on charges of war crimes, crimes against humanity and genocide.

Kenya also failed to arrest President Al Bashir during his visit in August. Sudan continued to refuse to collaborate with the ICC over other outstanding arrest warrants. In July the AU Assembly reiterated its decision not to co-operate with the ICC over the arrest and surrender of President Al Bashir.

Chad called for the withdrawal of the UN Mission in the Central African Republic and Chad (MINURCAT) and the UN Security Council meekly complied, despite the potential negative impact on the protection of hundreds of thousands of refugees and displaced in eastern Chad. The displaced and refugees in eastern Chad remained at risk of human rights abuses, including violence against women and the recruitment and use of children by the Chadian armed forces and armed groups. Large parts of the Central African Republic remained under the control of armed groups and were affected by violence, including attacks against civilians by the Uganda-based Lord's Resistance Army. Tens of thousands of people remained displaced and sexual violence remained prevalent.

In Somalia, the armed conflict between the Transitional Federal Government (TFG), supported by the African Union Mission in Somalia (AMISOM), and armed Islamist groups continued unabated, especially in Mogadishu. Hundreds of thousands of people were newly displaced and access for emergency humanitarian assistance was severely restricted because of insecurity, restrictions on humanitarian aid and because humanitarian workers were targeted by armed Islamist groups. The parties to the conflict did not take the necessary precautions to avoid civilian casualties during military confrontations and in some instances civilians were directly targeted. Children were forcibly recruited and used by the parties to the conflict. The international community remained more preoccupied with the problem of piracy off the Somali coast than with the plight of the civilian population. Military assistance to the TFG by various states, including the USA, without adequate safeguards may even have exacerbated the human rights and humanitarian situation. There was no strong impetus from the international community to hold those responsible for war crimes to account.

The conflict in the eastern Democratic Republic of the Congo (DRC) resulted in numerous violations of international human rights and humanitarian law. In Walikale, North Kivu, more than 300 people were raped in just four days by members of armed groups during a series of attacks against villages. Neither the Congolese armed forces (FARDC) nor the UN peace-keeping mission in the DRC (MONUC) intervened, even though they were stationed close by. The Congolese armed forces were also responsible for numerous human rights violations in the area. Hardly anyone was held to account for serious human rights violations, including rape and other forms of sexual violence. The Congolese authorities continued to refuse to hand over Bosco Ntaganda, a senior officer in the FARDC, to the ICC in spite of an arrest warrant against him for recruiting and using child soldiers.

In October, the UN released a report mapping gross violations of international human rights and humanitarian law in the DRC between 1993 and 2003. The report contains a wide range of recommendations to strengthen the Congolese justice system and address impunity which will require follow-up and political support. Criticism of the report by countries including Rwanda and Uganda, named in the report as perpetrators of human rights violations, was disappointing and reflects unwillingness to hold those responsible to account.

Limited progress was made in other countries to ensure accountability for crimes under international law, primarily due to lack of political will. In Burundi, the agreed Truth and Reconciliation Commission and the Special Tribunal had not yet been put in place by the end of the year.

In Liberia, most recommendations of the Truth and Reconciliation Commission were not implemented, including the call for an extraordinary criminal tribunal to investigate and prosecute crimes under international law committed during the civil war. In Senegal, President Abdoulaye Wade said in December that he was no longer interested in pursuing the investigation and prosecution of former President Hissan Habré from Chad, even though funding for the judicial process seemed to have been secured. This in blatant disregard of Senegal's obligations under international law and the request of the AU. In another setback, the Kenyan parliament passed in December a motion to request the government to withdraw from the Rome Statute after the Prosecutor of the ICC presented an application for six Kenyan citizens to appear before the Court.

Public security concerns

Human rights violations by security and law enforcement forces continued to plague the region. Extrajudicial executions, torture and other ill-treatment, and excessive use of force, sometimes resulting in unlawful killings, were among the human rights violations documented.

The situation in the Niger Delta deteriorated during the year with armed groups and gangs kidnapping oil workers and their relatives and attacking oil installations. The reaction from the Nigerian security forces often led to human rights violations, including extrajudicial executions and torture. Human rights violations also remained the norm while enforcing the law in other parts of Nigeria with numerous cases of unlawful killings, including extrajudicial executions, enforced disappearances, arbitrary arrests, torture and other ill-treatment.

Communal violence continued in Plateau State in Nigeria and led to hundreds of people being killed and thousands displaced.

Towards the end of the year a number of extrajudicial executions were reported in Burundi. The victims included people linked to the National Liberation Forces (FNL) opposition party. Although a judicial commission was established to investigate, no progress was made by the end of 2010.