Category Archives: thought, expression & association

African Court Holds Rwanda Violated Victoire Ingabire’s Freedom of Expression

Justice Solomy Balungi Bossa of the African Court on Human and Peoples’ Rights
Credit: ACHPR

On November 24, 2017, the African Court on Human and Peoples’ Rights (AfCHPR) held that Rwanda violated Victoire Ingabire Umuhoza’s right to freedom of opinion and expression, as well as her right to an adequate defense. See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Judgment of 24 November 2017, paras. 173(viii)-(ix). Specifically, the African Court held that Rwanda violated the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR) because the criminal conviction and sentence imposed on Ingabire for a speech that, the African Court found, did not minimize the genocide was a disproportional and unnecessary restriction on her freedom of speech; however, the Court further found that the law criminalizing the minimization of genocide may impose a legitimate restriction on the right to freedom of expression for purposes of preserving public order and national security. See id. at paras. 141, 161-163. The Court’s analysis on the right to freedom expression draws on the only other judgment from the Court to weigh on an alleged violation of that right and relies, as that previous judgment did, on comparative international human rights jurisprudence to develop the right to freedom of expression in its own case law, including to recognize that the right protects opinions that “offend, shock or disturb.” See id. at paras. 120-63; AfCHPR, Lohé Issa Konaté v. Burkina Faso, App. No. 004/2013, Judgment of 5 December 2014.

While Ingabire’s case was pending before the Court, Rwanda moved to withdrawal its declaration allowing individuals to appeal directly to the AfCHPR; while the withdrawal has gone into effect, it does not affect those cases that the Court already had jurisdiction over, including Ingabire’s case. [IJRC] See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Ruling on Jurisdiction, 5 September 2016. Read more

ECtHR Finds Forced Disclosure of Known Journalistic Source Violates Rights

European Court of Human Rights
Credit: CherryX via Wikimedia Commons

On October 5, 2017, the European Court of Human Rights (ECtHR) unanimously ruled that Norway violated a journalist’s rights under Article 10 (right to freedom of expression) of the European Convention of Human Rights (ECHR) because the Supreme Court of Norway imposed a fine on her for refusal to testify on her source, who had already made himself known. See ECtHR, Becker v. Norway, no. 21272/12, ECHR 2017, Judgment of 5 October 2017. The Court’s decision turned on the fact that it was not necessary to the case to retrieve the journalist’s testimony, since the individual suspected of criminal activity was charged and convicted without her statement. See id. at para. 78. This case goes beyond the ECtHR’s existing jurisprudence on the application of the right to freedom of expression to the protection of journalists’ sources. Prior to this case, the ECtHR had yet to address the question of whether a court may compel testimony when the source’s identity has already been revealed by the source’s own admission. See id. at paras. 73-74. The ECtHR decided that a source’s own disclosure is not decisive of whether a journalist should be compelled to disclose the source in his or her own testimony. See id. at para. 75. Read more

Violence Following Kenya’s Presidential Election Prompts International Responses

UN Secretary General António Guterres meets with President Uhuru Kenyatta
Credit: UN Photo/Antonio Fiorente

The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, last week urged Kenyan leaders to “calm a volatile political climate” while ensuring the right to peaceful assembly; his statement followed reports of the use of live ammunition against protesters in the wake of President Uhuru Kenyatta’s August 8th re-election. Reports indicate 24 people died due to the post-election violence. [Washington PostOHCHR Press Release: Zeid] In addition to Zeid’s statements, the UN Secretary General António Guterres, and the African Commission on Human and Peoples’ Rights (ACHPR) also responded to the post-election violence. The Secretary General called on leaders to settle disputes over the election through the appropriate institutions and to urge others to refrain from violence. [UNSG Press Release] The African Commission called for increased transparency of voter tallying, the avoidance of acts or statements inciting violence, and the use of legal avenues to address election related disputes. [ACHPR Press Release] While it was not responding directly to the post-election violence, the East African Community (EAC) Election Observer Mission to the Republic of Kenya (EAC Mission) did encourage anyone dissatisfied with the results to use the proper channels to challenge the outcome. [EAC Press Release] Despite the reports of post-election violence, Zeid, Guterres, the African Commission, and the EAC Mission recognized and commended Kenya’s peaceful voting process before the violence. [ACommHPR Press Release; EAC Press Release; OHCHR Press Release: Zeid; UNSG Press Release]

Kenya has a history of election related violence. Notably, during its 2007 elections, inter-ethnic clashes and police violence resulted in 1,100 people killed and 650,000 people displaced. [HRW: 2013] As a State party to the African Charter on Human and Peoples’ Rights, as well as other international human rights treaties, Kenya has an obligation to protect, respect, and fulfill the rights to life, freedom of expression, peaceful assembly, and participation in public affairs under articles 4, 9, 11, and 13, respectively. Read more

News Clips- August 18, 2017

The UN Security Council met this week to discuss peace and security on the African continent.
Credit: UN Photo/Manuel Elias

Civil Society

  • On Thursday, three young activists in Hong Kong, China were sentenced to six to eight months in prison for their participation in the 2014 Umbrella Movement protests. [Washington Post]
  • On Wednesday, the president of the Philippines encouraged police officers to shoot activists who obstruct justice. [Guardian]
  • Last week, Amnesty International reported that at least 66 people detained during protests in Morocco reported being subject to torture and ill-treatment. [AI]

Violence & Humanitarian Crises

  • On Thursday, at least 13 people were killed when a van drove into a crowd in Barcelona, Spain. [Guardian]
  • On Wednesday, police found mass graves containing 36 bodies of victims of a militant attack on a village in Afghanistan; the attack, claimed by the Islamic State, left at least 62 people dead. [Reuters]
  • On Monday, the United Nations reported seven people killed, and seven wounded, during an attack on UN headquarters in Timbuktu, Mali. [Washington Post]
  • Over the weekend, gunmen attacked a restaurant in Burkina Faso, killing almost 20 people. [UN News Centre]

Migrants, Refugees, & Asylum Seekers

Politics

  • On Wednesday, Lebanon repealed a law that prevented the criminal prosecution of rapists who subsequently married their victims. [Guardian]
  • On Monday, the government of Canada announced its core objectives, including protections based on gender and for indigenous peoples’ rights, for the pending North American Free Trade Agreement negotiations. [New York Times]
  • On Tuesday, the president of the Republic of Guinea Bissau, H.E. José Mário Vaz, pledged to ratify the Protocol establishing the African Court on Human and Peoples’ Rights. [AfCHPR Press Release]
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