Category: Tanzania

Tanzania: Systematic restrictions on fundamental freedoms in the run-up to the national elections

22 October 2020

Civil society letter endorsed by over 65 organisations

To: President John Magufuli

Tanzania: Systematic restrictions on fundamental freedoms in the run-up to national elections Excellency,

We, the undersigned civil society organizations, are deeply concerned about the continued deterioration of democracy, human rights and rule of law in the United Republic of Tanzania. In the past five years, we have documented the steady decline of the country into a state of repression, evidenced by the increased harassment, intimidation, prosecution and persecution of political activists, human rights defenders (HRDs), journalists and media houses; the enactment of restrictive laws; and disregard for rule of law, constitutionalism, as well as regional and international human rights standards. We are deeply concerned that the situation has worsened during the COVID-19 pandemic and as the country heads for general elections on 28 October 2020.1

Tanzania as a party to several regional and international treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, has a legal obligation to respect and protect fundamental rights, particularly the right to – freedom of expression and the media, peacefully assemble, form and join associations, and to participate in public affairs, which are fundamental rights for free and fair elections in a democratic society. As a member of the African Union (AU) and the Southern African Development Community (SADC), Tanzania has committed to uphold and promote democratic principles, popular participation and good governance.

Leading up to the elections in Tanzania, we have unfortunately documented an unfavourable environment for public participation and free engagement in the political process. The role of the media in providing information and access to varying viewpoints in a true democracy is indispensable. Media houses must be allowed to provide these services without undue restrictions, yet in recent times, several independent media houses have been suspended. These have included the seven-day suspensions of The Citizen newspaper in February 2019,2 Clouds TV and Clouds FM in August 2020, and the six-month suspension of Kwanza online TV in September 20193 and again in July 2020 for 11 months;4 the online publication ban against Mwananchi news in April 2020;5 the revocation, effective June 24, 2020, of the license of the Tanzania Daima newspaper;6 and the fines against online stations, Watetezi TV and Ayo TV in September 2019.7We note, with great disappointment, that the government is yet to comply with a ruling by the East African Court of Justice requiring the amendment of the Media Services Act to address the unjustified restrictions on freedom of expression.8

We are further concerned about the restrictions on individuals peacefully expressing their opinions, including criticising public officials.9 The latter are required to tolerate a greater amount of criticism than others – a necessary requirement for transparency and accountability. Tanzania’s criminal justice system has however been misused to target those who criticize the government. Tito Magoti and IT expert Theodory Giyani were arrested in December 2019 and questioned over their social media use and association with certain government critics.10 The duo was subsequently charged with economic crimes, including “money laundering” which is a non-bailable offence. Despite their case

being postponed more than 20 times since December 2019, and no evidence being presented against them, they remain in pre-trial detention.11 Investigative journalist Erick Kabendera was similarly arrested and charged with “money laundering” where he was held in pre-trial detention for seven months with his case postponed over ten times.12 Several United Nations (UN) mandate holders have raised concern about the misuse of the country’s anti-money laundering laws that “allow the Government to hold its critics in detention without trial and for an indefinite period.”13

Most recently, prominent human rights lawyer and vocal critic of the government, Fatma Karume was disbarred from practising law in Tanzania following submissions she made in a constitutional case challenging the appointment of the Attorney General.14 Other lawyers are also facing disciplinary proceedings for publicly raising issues on judicial independence and rule of law. Opposition leader, Zitto Kabwe was arrested and prosecuted for statements made calling for accountability for extrajudicial killings by State security agents.15 The above cases are clear evidence of an intolerance for alternative views and public debate.

In addition, authorities should ensure respect for the right of individuals to freely form associations and for those associations to participate in public affairs, without unwarranted interference. We note the increasing misuse of laws to restrict and suspend the activities of civil society organisations.16 On August 12, Tanzania Human Rights Defenders Coalition (THRDC) was notified that its bank accounts had been frozen pending police investigations. THRDC’s coordinator was then summoned by the police to explain an alleged failure to submit to the State Treasury its contractual agreements with donors.17 Prior to this, in June, 2020, the authorities disrupted the activities of THRDC for allegedly contravening “laws of the land.”18 Several other non-governmental organisations working on human rights issues have been deregistered or are facing harassment for issuing public statements critical of the government. Ahead of the elections some civil society organisations have reported being informally told by authorities to cease activities. As a result of the repressive environment, civil society organisations have been forced to self-censor activities.

We also note the enactment of further restrictive laws.19 For example, the Written Laws Miscellaneous Amendments Act (The Amendment Act)20 which has introduced amendments to 13 laws.21 The Amendment Act requires anyone making a claim for violation of rights to have been personally affected.22 This limits the ability of civil society organisations to carry out legal aid and law-based activities where they are not personally harmed. It violates Article 26(2) of the country’s Constitution, which provides for the right of every person “to take legal action to ensure the protection of this Constitution and the laws of the land.” Furthermore, it is an internationally recognized best practice that all persons, whether individually or in association with others, have the right to seek an effective remedy before a judicial body or other authority in response to a violation of human rights.23 The Amendment Act further provides that lawsuits against the President, Vice-President, Prime Minister, Speaker, Deputy Speaker or Chief Justice cannot be brought against them directly but must be brought against the Attorney General.24 This provision undermines government accountability for human rights violations. We remind the authorities that international bodies have raised concern about Tanzania’s repressive laws.25

We are especially concerned over the continued cases of verbal threats and physical attacks against members of opposition political parties.26 We note with concern that to date, no one has been held accountable for the 2017 attack against then CHADEMA party leader, Tundu Lissu, who is a

presidential candidate in the upcoming elections. Most recently, opposition leader Freeman Mbowe was brutally attacked and his assailants are still at large. Failure to thoroughly and impartially investigate such cases breeds a culture of violence and impunity, which in turn threatens the peace and security of the country. The government must take steps to bring perpetrators of such violence to account and to guarantee the safety of all other opposition party members and supporters.

Earlier, in November 2019, the African Commission on Human and Peoples’ Rights (ACHPR) issued a press statement on the “deteriorating human rights situation in Tanzania.”27 The Commission specifically voiced concern over “the unprecedented number of journalists and opposition politicians jailed for their activities.” The ongoing crackdown on civic space in Tanzania also led the UN High Commissioner for Human Rights, Michelle Bachelet, to issue a strong warning ahead of the 28 October 2020 General Elections. At the opening of the UN Human Rights Council’s 45th session, she “[drew] the Council’s attention to increasing repression of the democratic and civic space, in what is becoming a deeply deteriorated environment for human rights” and stressed that “[with] elections approaching later this month, we are receiving increasing reports of arbitrary arrests and detention of civil society actors, activists, journalists and members of opposition parties.” She added: “Further erosion of human rights could risk grave consequences, and I encourage immediate and sustained preventive action.”28

While we acknowledge measures taken by your government to halt the spread of the COVID-19 virus and protect the citizens of Tanzania, we are deeply concerned that the pandemic has been used to unduly restrict fundamental freedoms. Examples are the arrest and sentencing of two Kenyan journalists for interviewing members of the public in Tanzania on the status of the pandemic in the country29 as well as, the suspension of Kwanza Online TV for reposting an alert by the U.S. embassy in Tanzania regarding the pandemic in the country.30 The rights to peacefully express one’s opinion, receive information, peaceful assembly and association, and to participate in public affairs are not only essential in the context of the upcoming elections, but also in relation to the current COVID-19 pandemic. Freedom of expression in particular, ensures “the communication of information to the public, enabling individuals to … develop opinions about the public health threat so that they can take appropriate steps to protect themselves and their communities.”31 The UN has repeatedly emphasized that Government responses to COVID-19 must not be used as a pretext to suppress individual human rights or to repress the free flow of information.32

The need for Tanzania to uphold human rights, democracy and the rule of law is now more than ever important as a matter of national security, following recent reports of insurgent attacks along Tanzania’s border with Mozambique.33 Studies have shown that experiences of injustice, marginalization and a breakdown in rule of law, are root causes of disaffection and violence. A peaceful and prosperous nation requires good governance and respect for rule of law, with a society that protects fundamental freedoms and ensures justice for all.

As civil society organisations deeply concerned about constitutionalism, justice and democracy in the United Republic of Tanzania, we strongly urge your Excellency to adhere to your undertaking to ensure a free and fair election in Tanzania. The government has an obligation to create an enabling environment for everyone, including political opposition, non-governmental organisations, journalists, and other online users, HRDs, and other real or perceived government opponents to exercise their human rights without fear of reprisals. As such, we call on the relevant authorities to immediately drop criminal charges and release defenders such as Tito Magoti and Theodory Giyani and any others being prosecuted for peacefully exercising their rights. Suspensions and the freezing

of assets of non-governmental organisations such as THRDC, independent media houses such as Kwanza Online TV and members of the legal profession- particularly Fatma Karume, must be reversed. Opposition parties must be allowed to freely and peacefully campaign and engage with their supporters without undue restrictions such as arbitrary arrests, physical attacks, forceful dispersal and intimidation of supporters and harassment by security forces. The legitimacy of

Tanzania’s elections is at stake.

We call on Tanzania to heed the messages delivered by national, African, and international actors and to change course before the country enters a full-fledged human rights crisis, with potentially grave domestic and regional consequences.

Signed:

  1. Access Now, Global
  2. Acción Solidaria on HIV/aids, Venezuela
  3. Africa Freedom of Information Centre, Africa
  4. Africa Judges and Jurists Forum
  5. AfroLeadership
  6. ARTICLE 19, Global
  7. Asia Dalit Rights Forum ADRF, New Delhi and Kathmandu
  8. Association for Human Rights in Ethiopia (AHRE)
  9. Association of Freelance Journalists
  10. BudgIT Foundation, Nigeria
  11. CEALDES, Colombia
  12. Center for Civil Liberties, Ukraine
  13. Centre for Human Rights & Development (CHRD), Mongolia
  14. Centre for Law and Democracy, Canada
  15. Center for National and International Studies, Azerbaijan
  16. Child Watch, Tanzania
  17. CIVICUS, Global
  18. Civic Initiatives, Serbia
  19. CIVILIS Human Rights, Venezuela
  20. Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
  21. Committee to Protect Journalists (CPJ)
  22. Community Empowerment for Progress Organization (CEPO), South Sudan
  23. Commonwealth Human Rights Initiative (CHRI)
  24. Corporación Comuna Nueva, Santiago de Chile
  25. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  26. Democracy Monitor PU, Azerbaijan
  27. Eastern Africa Journalists Network (EAJN)
  28. Ethiopian Human Rights Council (EHRCO)
  29. Ethiopian Human Rights Defenders Coalition (EHRDC)
  30. Espacio Público, Venezuela
  31. Front Line Defenders, Global
  32. Groupe d’Action pour le Progrès et la Paix (GAPP-Afrique), Canada
  33. Groupe d’Action pour le Progrès et la Paix (GAPP-BENIN)
  34. Groupe d’Action pour le Progrès et la Paix (GAPP Mali)
  35. Gestos (HIV and AIDS, communication, gender), Brazil
  36. Greenpeace Africa
  37. HAKI Africa, Kenya
  38. Human Rights Concern – Eritrea (HRCE)
  39. Human Rights Defenders Network, Sierra Leone
  40. Humanium, Switzerland
  41. HuMENA for Human Rights and Civic Engagement (HuMENA Regional)
  42. International Partnership for Human Rights (IPHR) – Belgium
  43. Jade Propuestas Sociales y Alternativas al Desarrollo, A.C. (JADESOCIALES)- México
  44. Ligue Burundaise des droits de l’homme Iteka-Burundi
  45. Maison de la Société Civile (MdSC), Bénin
  46. MARUAH, Singapore
  47. Media Rights Agenda (MRA), Nigeria
  48. Nigeria Network of NGOs, Nigeria
  49. Nouvelle Dynamique de la Société Civile de la RD Congo (NDSCI)
  50. Odhikar, Bangladesh
  51. ONG Convergence des Actions Solidaires et les Objectifs de Développement Durable (CAS-ODD ONG) – Bénin
  52. ONG Nouvelle Vision (NOVI), Bénin
  53. Open School of Sustainable Development (Openshkola), Russia
  54. Open Society Initiative for Southern Africa (OSISA)
  55. Partnership for Peace and Development, Sierra Leone
  56. RESOSIDE, Burkina Faso
  57. Robert F. Kennedy Human Rights, Global
  58. Sisters of Charity Federation, United States
  59. Somali Journalists Syndicate (SJS), Somalia
  60. Southern Africa Human Rights Defenders Network (SAHRDN)
  61. Sudanese Development Initiative (SUDIA), Sudan
  62. The Human Rights Centre Uganda (HRCU), Uganda
  63. Tournons La Page (TLP)
  64. Water, Sanitation and Hygiene Network, Sierra Leone
  65. Women in Democracy and Governance, Kenya (WIDAG)
  66. Zambia Council for Social Development, Zambia

1 United Nations, Office of the High Commissioner, UN Experts call on Tanzania to end crackdown on civic space, July 22, 2020, available at https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26117&LangID=E.

2 Committee to Protect Journalists, Tanzania imposes 7-day publication ban on The Citizen, March 01, 2019, available at: https://cpj.org/2019/03/tanzania-citizen-7-day-publication-ban/

3 Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020 available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/. See also American Bar Association, Center for Human Rights, Report on the arbitrary suspension of Kwanza Online TV for sharing information related to the COVID-19 pandemic, October 22, 2020.

4 Committee to Protect Journalists, Tanzania bans Kwanza Online TV for 11 months citing ‘misleading’ Instagram post on COVID-19, July 09, 2020, available at: https://cpj.org/2020/07/tanzania-bans-kwanza-online-tv-for-11-months-citing-misleading-instagram-post-on-covid-19/

5 Committee to Protect Journalists, Tanzanian newspaper banned from publishing online for 6 months over COVID-19 report, May 11, 2020, available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/

6 Committee to Protect Journalist, Tanzanian government revokes license of Tanzania Daima newspaper, June 26, 2020, available at: https://cpj.org/2020/06/tanzanian-government-revokes-license-of-tanzania-daima-newspaper/

7 Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020 available at: https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/

8Committee to Protect Journalists, East Africa court rules that Tanzania’s Media Services Act violates press freedom, March 28, 2019, available at https://cpj.org/2019/03/east-african-court-rules-that-tanzanias-media-serv/

9 We refer to cases such as the arrest of prominent comedian, Idris Sultan, in May 2020 (https://thrdc.or.tz/tanzanian-comedian-and-actor-mr-idris-sultan-charged-for-failure-to-register-a-sim-card/), and the disbarrment from practicing law of prominent lawyer and human rights advocate, Fatma Karume (https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/).

10 Committee to protect journalists, Mwanachi, The Citizen, last seen in Tanzania, November 21, 2017, available at https://cpj.org/data/people/azory-gwanda/.

11 American Bar Association, Center for Human Rights, Tanzania: Preliminary Analysis of the criminal case against Tito Magoti and Theodory Giyani, July 28 2020, available at https://www.americanbar.org/groups/human_rights/reports/tanzania–preliminary-analysis-of-the-criminal-case-against-tito/.

12 Committee to Protect Journalists, Tanzanian journalist Erick Kabendera freed, but faces hefty fines, February 24, 2020, available at: https://cpj.org/2020/02/tanzanian-freelancer-erick-kabendera-freed-but-fac/

13 Mandates of the Special Rapporteur on the situation of human rights defenders; the Working Group on Arbitrary Detention; the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Letter to President of Tanzania, Reference AL TZA 1/2020, January 31,2020, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25049.

14 International Commission of Jurists, Tanzania: ICJ Calls for the reinstatement of lawyer Fatma Karume’s right to practice law, October 8, 2020, available at https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/.

15The Citizen, Zitto Kabwe sentenced to serve one year ban not writing seditious statements, may 29, 2020, available at https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.htm

16 The cancellation of a training organised by Tanzania Human Rights Defenders Coalition (THRDC), the subsequent arrest of THRDC’s Director, Onesmo Olengurumwa, and suspension of the activities of the organisation, as well as freezing of their accounts exemplifies the misuse of these laws against civil society (See: https://www.aa.com.tr/en/africa/tanzania-human-rights-group-suspends-operations/1945400)

17 DefendDefenders, Tanzania: Respect the right to freedom of association, August 24, 2020, available at https://defenddefenders.org/tanzania-respect-the-right-to-freedom-of-association/.

18 Two employees of one of THRDC were arrested in Dar es Salaam and thereafter authorities proceed to arbitrarily cancel the hosting of a three-day security training for 30 human rights defenders. The police claimed that the training was in contravention of the “laws of the land” but did not give a specific provision

19 These include the Electronic and Postal Communications (Online Content) Regulations; Media Services Act; Cybercrimes Act; and Political Parties Amendment Act.

20 Written Laws (Miscellaneous Amendments Act (No. 3) of 2020)

21 Southern Africa Litigation Center, Joint letter, The Written Laws Miscellaneous Amendments Act no.3 ( 2020), available at https://www.southernafricalitigationcentre.org/wp-content/uploads/2020/08/Honourable-Minister-of-Justice-for-the-Republic-of-Tanzania.pdf-August-2020.pdf.
22 Section 7(b) of the Written Laws Amendments Act

23 The African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa provide that States must ensure through adoption of national legislation that any individual, group of individuals or nongovernmental organization is entitled to bring a human rights claim before a judicial body for determination, because such claims are matters of public concern.

24 Amendments to the Chapter 310 of the Law Reform (Fatal accidents and miscellaneous provisions) Act and to the Chapter 3 of the Basic Rights and Duties Enforcement Act

25 See for example communication of the Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association to the government of the United Republic of Tanzania, AL TZA 3/2020, 17 July 2020, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25442

26 These include the verbal abuse and threats of execution against Zitto Kabwe, leader of Alliance for Change and Transparency (ACT) Wazalendo opposition party (see: https://www.bbc.com/news/world-africa-51355148), his conviction for sedition for statements he made at a press conference in relation to alleged extra judicial killings by state security forces (https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.html), and his re-arrested together with several party members while they participated in an internal meeting (https://www.aljazeera.com/news/2020/06/24/tanzanian-opposition-leader-zitto-kabwe-released-on-bail/); as well as the conviction of nine Members of Parliament belonging to the opposition Chama Cha Demokrasia(CHADEMA) party and their sentencing in March 2020 to five months in prison or an alternative fine, for allegedly making seditious statements (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8); and the attack against the party leader, Freeman Mbowe, by unknown assailants leaving him with a broken leg (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8).

27 African Commission on Human and Peoples’ Rights, Press statement of the African Commission on Human and Peoples’ Rights on the deteriorating human rights situation in Tanzania,, available at https://www.achpr.org/pressrelease/detail?id=459.

28 Office of the UN High Commissioner for Human Rights, “In her global human rights update, Bachelet calls for urgent action to heighten resilience and protect people’s rights,” 14 September 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26226&LangID=E

29 Tanzania Human Rights Defenders Coalition, Two Kenyan Journalists convicted and fined in Tanzania, repatriated back to Kenya, May 21, 2020, available at https://thrdc.or.tz/blog/.

30American Bar Association, Center for Human Rights, Report on the arbitrary suspension of Kwanza Online TV for sharing information related to the COVID-19 pandemic, October 22, 2020. See also Kwanza TV Instagram, available at https://www.instagram.com/p/CCGT_5ECT_n/?utm_source=ig_web_button_share_sheet
31 Disease pandemics and the freedom of opinion and expression, A/HRC/44/49, para. 30

32 The Guardian, Coronavirus pandemic is becoming a human rights crisis, UN warns, 23 April 2020, available at https://www.theguardian.com/world/2020/apr/23/coronavirus-pandemic-is-becoming-a-human-rights-crisis-un-warns. See also UNHRC,, UN Special Rapporteur on freedom of peaceful assembly and of association, States responses to Covid 19 threat should not halt freedoms of assembly and association, April 14, 2020, available at https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25788&LangID=E.

33 BBC, Tanzania border village attack “leaves 20 dead”, October 16, 2020, available at https://www.bbc.com/news/live/world-africa-47639452?ns_mchannel=social&ns_source=twitter&ns_campaign=bbc_live&ns_linkname=5f896f00c4548e02bf3cb441%26Tanzania%20b order%20village%20attack%20%27leaves%2020%20dead%27%262020-10-16T10%3A29%3A29.229Z&ns_fee=0&pinned_post_locator=urn:asset:2f81fc88-030c-49d4-9d25-b8268a2dbf55&pinned_post_asset_id=5f896f00c4548e02bf3cb441&pinned_post_type=share

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders and institutions on the human rights situation across the region.

Zambia recorded its first two cases of the Covid-19 virus on 18 March 2020. At first, the virus appeared to be contained but gradually, as the number of local transmission cases increased, the virus increased exponentially. According to the latest official statistics, Zambia has recorded a total of 10,372 cases of Covid-19 (by 21 August) with the official number of Covid-19 related deaths at 274.

Zambia is hitting the peak of the pandemic.  Yet the government has announced that there will be no lockdown, so as to avoid curtailing the means of survival for ordinary Zambians. This is because the majority of Zambians live from hand-to-mouth, a situation now made worse by the Covid-19 pandemic.

So far, we have been very lucky. We are not seeing apocalyptic numbers of deaths and our health facilities are just about coping with the numbers of the sick. Only a few months ago, in May, President Edgar Lungu announced that the government was advising citizens to follow the health guidelines laid down. He talked about “transitioning to a new normal”. But effectively our “new normal” meant each man for himself and God for us all.

Whilst the jury is out on whether the official figures tally with the actual numbers, it appears that the pandemic in Zambia is being managed reasonably well. Despite a shortage of protective clothing and testing kits, the health facilities are generally adequate.

However, as with many countries across the globe, the pandemic has also created an opportunity for political expediency that has had a detrimental effect on the human rights situation in the country. This is in the context of the fact that Zambia will be going to the polls to elect a new government in 2021.

All roads lead to 2021 and as a result political expediency has been the order of the day. For example, the Government has introduced two statutory instruments under the Public Health Act in order to manage the pandemic. Both are thin on the details as to how the health regulations will be enforced.

Just a few days ago the police spokesperson, Esther Mwata Katongo announced that the police would start arresting and fining people the equivalent of $US39 for not wearing masks in public. The police did start making arrests accordingly, but the Home Affairs Minister Stephen Kampyongo rescinded the decision days later as it became apparent that there was no legal backing for the move in the health regulations. 

In terms of human rights, probably Zambia’s most well-known Covid-19 victim is Prime Television, a popular independent television station that had its broadcasting licence revoked following its refusal to broadcast government adverts and programmes on the Covid-19 pandemic for free in the midst of the economic crisis facing the country. The current Zambian government already has a history of clamping down on media freedoms following the closure of the largest independent newspaper in Zambia, The Post in 2017, and various other radio stations that have been critical of the government. The official reason given for closing the television station was that its broadcasting licence had expired.

Another casualty has been the restrictions on freedom of assembly. Public gatherings in Zambia are governed by the Public Order Act, a notorious piece of legislation whose constitutionality has been challenged several times on the basis that its provisions are arbitrary and not necessary in a democratic state. To adhere to the provisions of the Public Order Act, Zambians now have to get authority from the Ministry of Health or the Local Authority to hold public gatherings of more than five people.

These restrictions are being selectively applied. Government officials and individuals considered close to the ruling party freely hold rallies and large public gatherings without the appearance of any health and safety regulations being adhered to. Zambians have been told that government officials cannot be blamed for people following them around. This has led to many Zambians either resenting any restrictions placed on them or believing that the pandemic is a hoax.

However, when it comes to dissenting voices such as opposition political parties, the restrictions are applied with efficient (and sometimes inefficient) responses. A group of youth protestors attempted to hold a public protest on the socio-economic challenges faced by Zambian youth on 22nd June 2020. The police came out fully armed in riot gear and roamed around the streets in armoured vehicles in an attempt to intimidate the protestors into stopping their protest.

However, the quick-thinking youth took their protest to the bush and beamed it live to an audience of around 300,000 people on their social media platforms. In June there were reports of police arresting opposition members for attempting to hold intra-party elections.

As always, the hardest hit by any crisis are the poor and vulnerable. As with most countries, we are grappling with how to send our children back to school.

Like countries all over the world, our ailing economy has been further crippled by the loss of business and resulting unemployment or underemployment. The government has partnered with donors to provide social protection to the most vulnerable but with 58% of the Zambian population of around 17 million living below the poverty line according to 2015 World Bank figures, resources are stretched. There has been little done to ensure that the rights most affected by the pandemic are still protected, promoted and fulfilled and this is impacting on the overall effectiveness of the government’s response to the pandemic.

Ultimately, whilst the Covid-19 pandemic has been a universal crisis, Zambia’s is a crisis of leadership. Our government needs to put the interests of the country above partisan interests and unite the country regardless of the upcoming general elections. We need to take a human rights-based approach to tackling the pandemic specifically and to tackling governance issues generally.

Our “new normal” should leave no one behind. 

Linda Kasonde is a lawyer and human rights activist heading Chapter One Foundation, a civil society organisation that promotes and protects human rights and the rule of law. She is also an Archbishop Desmond Tutu Leadership Fellow.

Southern Africa Human Rights Roundup

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders and institutions on the human rights situation across the region.

Southern African Development Community (SADC) Summits never fail to come up with the most colorful and promising of themes. The 40th (SADC) Summit currently underway is themed: SADC: 40 Years Building Peace and Security, and Promoting Development and Resilience in the face of Global Challenges

In light of the Covid-19 global pandemic, the annual Summit is for the first time in history being held in a virtual format. Mozambique is coordinating the summit from 10-17 August 2020. Despite the colourful and hopeful theme the summit is being held in the midst of serious human rights violations with total impunity in Zimbabwe, where the government has mastered the art of using Covid-19 measures to stifle democratic participation and demands for accountable governance. 

As Maputo is co-ordinating the summit on peace and security, the main news was that Mozambique’s army had lost the key port of Mocimboa da Praia, to Islamist militants on Wednesday 12 August 2020. The Islamist militants now control the territory and have a resources foothold in southern Africa, given that Mocimboa da Praia is near the site of natural gas projects worth $60bn (£46bn). 

This could spell serious calamity. Southern Africa might as well kiss goodbye the long-held notion of southern Africa being seen as the most peaceful and stable sub-region in Africa.

This week’s roundup looks at the SADC Summit and issues around it.

Virtual Heads of State summit

The virtual summit is taking place with a reduced agenda to allow the leaders to focus more on critical issues in the region, including: co-ordinated response to Covid-19; review progress towards the development of a post-2020 SADC agenda; measures to address food insecurity; receive a progress report on the implementation of the industrialisation strategy; take stock of interventions undertaken to promote peace and stability member states; and renewal of institutional leadership.  

Over the years, SADC has been widely criticised for failing to tackle regional peace and security challenges, with some critics labelling it a ‘toothless bulldog’. The inability to resolve conflict is best demonstrated by the ignominious collective decision of the SADC heads of state and government to disband the sub-regional judicial organ, the SADC Tribunal, merely because Zimbabwe disagreed with a binding judgment of that court.  

Although some argue that in the absence of SADC, violent conflicts could have been more pervasive in southern Africa, the body’s interventions have not effectively dealt with violent and political crises, thereby undermining development. This is supported by the notion that it is inconceivable to have socio-economic development in the absence of peace and stability. 

Toothless bulldog?

SADC’s inherent weaknesses are both historic and institutional. First, the co-operation is rooted in historical ties steeped in anti-colonial struggles such that liberation war parties view themselves as each brother’s keeper. 

Second, the recurrent electoral crises produce contested outcomes and arguably illegitimate leaders. This unfortunately creates leaders who are not fully accepted by their populations and therefore rule by coercion and not consent. This results in unaccountable governance that breeds corruption and conflict. If unaccountable leaders of questionable legitimacy are at the helm of SADC, what reasonable expectation is there that they will fight impunity and work towards justice, peace and stability?

As political instability in many SADC states is driven by complaints of inability to conduct free, fair and credible elections, one thing SADC should focus on is to invest in strengthening the independence of election management bodies. Only South Africa, Namibia, Botswana and lately Malawi seem to get it right. The SADC Summit should devote attention to this to create a basis for sustainable peace and stability. It is unlikely that it will, though.

This year’s theme recognises that peace and stability are key preconditions for sustainable development and regional integration. However, SADC is also notoriously inefficient or incapable of enforcing its own protocols. The weak, and at times nonexistent, enforcement mechanisms for its decisions make the SADC a toothless bulldog.

Brotherhood philosophy

The Organ for Politics, Defence and Security (Organ) launched in June 1996 is the formal institution of SADC with the mandate to support the achievement and maintenance of security and the rule of law. Its leadership is in the form of a ‘troika’ system comprising a current chair as well as the previous and incoming chairs. 

Zimbabwe currently chairs this Organ, which is charged with ensuring peace and the rule of law in the region.  

However, when it comes to the crucial responsibility of building peace and security, efforts have been undermined by the ‘brotherhood’ approach that has resulted in the regional bloc failing to collectively solve the socio-economic and political crises that consequently deepen over time. 

Ringisai Chikohomore of the Institute for Security Studies (ISS) characterises this cheap ‘brotherhood’ well. He describes it as member states who “opt for accommodation and fraternal solidarity as an unsaid modus operandi, resulting in a failure to sanction delinquent states.” 

The systemic failure by SADC leaders to hold each other to account for human rights violations is seeing southern Africa’s non-violent image fading due to events occurring in various countries in recent years. 

Current conflicts and crises in the SADC

Governance issues have ignited the most acute crises in the SADC states for more than a decade. These include coups, disputed elections, and political instability, authoritarian rule, civil unrest, abuse of state power, and lack of transparency and accountability by governments in their desperate bid to cling to power and authority. 

Members of the Zimbabwe National Army stand guard at a checkpoint in the central business district, Harare, Zimbabwe on 31 July 2020. Police and the army blocked planned anti-government mass protests organised by the Zimbabwe Congress of Trade Unions (ZCTU). People were prevented from getting into town. (Photo: EPA-EFE / Aaron Ufumeli)

On 13 August prominent civil society leaders from southern Africa met virtually at a regional meeting facilitated by the Southern African Human Rights Defenders Network (SAHRDN) and the Zimbabwe NGO Forum to discuss the Zimbabwe crisis and make recommendations for consideration by the SADC Summit. 

A woman fetches water from a spring amid water shortages in Harare. (Photo by Tafadzwa Ufumeli / Getty Images)

The findings were that the government of Zimbabwe is guilty of attacks on democratic space; use of the Covid-19 pandemic as a pretext to clamp down on freedom of expression and freedom of peaceful assembly and association; organised violence and torture and using the criminal justice system as a political weapon.

Their final communique concluded:

Zimbabwe’s human rights problems are highly entangled with the political developments. Similarly, the economy is reactive to political developments. According to the 2019 Labour Force Survey released in March 2020, 74% of Zimbabwe’s labour force is in the informal sector… Zimbabweans are therefore now suffering the triple burden of poverty, unemployment and inequality. 

Nurses at Harare Central Hospital protest over low salaries on 6 July 2020. (Photo: EPA-EFE / Aaron Ufumeli)

The Zimbabwe government of President ED Mnangagwa, which was born out of the November 2017 coup and a disputed 2018 election, has become notorious at weaponising the law and judicial persecution of human rights activists akin to how the law was instrumentalised during the colonial regime of Ian Smith.  

Critics are sceptical that President Mnangagwa as part of the Organ leadership can allow for a SADC-led solution to the Zimbabwe crisis. 

South African President Cyril Ramaphosa sent his special envoys Mbete and Mufamadi to Harare to try to mediate the low-intensity but high-impact conflict last week, but the envoys returned to Pretoria empty-handed after Mnangagwa apparently blocked them from meeting anyone else from the opposition or civil society.

That the current leaders got away with a soft military coup in 2017, the first time in the history of the SADC that a military coup was staged, might explain why the government of Zimbabwe is able to blatantly violate rights in a serial way with impunity.

Mozambique and Islamic terrorism: Mozambique has a troubled political history. In 2012, Mozambican Renamo rebels took up arms again and, although they apparently lacked the military capacity to rekindle a civil war, they attacked government troops and transport routes, creating economic disruption and insecurity ever since. 

Passengers and cargo board a boat from a fishermen’s beach that has become one of the main arrival points for displaced persons fleeing from armed violence raging in the province of Cabo Delgado, in the Paquitequete district of Pemba, northern Mozambique. Radical Islamist militant groups seeking to establish an Islamic state in the region, such as Ansar al-Sunna, have claimed responsibility for some of these attacks over the past year. (Photo: EPA-EFE / Ricardo Franco)

In May 2020, there were reports of insurgents carrying out “some of their most daring assaults”, seizing government buildings, blocking roads, and hoisting black and white Islamic State flags in Cabo Delgado’s towns and villages. 

Recent reports indicate that the civilian security situation in Cabo Delgado continues to worsen. In Mocimboa da Praia, sporadic attacks by insurgents since July resulted in homes being burned, food supplies looted, and people killed and some kidnapped.

A child from the Vicente Tiago family of 30 people who fled the armed attacks in Muidumbe, Cabo Delgado, and took refuge in a small, precarious house in Chiuba, Pemba City, Cabo Delgado province, Mozambique. Thousands of families are in need of food aid in the humanitarian crisis affecting the northern province of Mozambique. (Photo: EPA-EFE / Ricardo Franco)

Sadly as the current SADC summit is taking place there are reports that dozens of Mozambican soldiers have been killed, and a patrol boat sunk, while the army says it has killed about 60 militants. The Islamist militants took over and conquered Mocimboa da Praia from the ill-equipped, ill-prepared, and demoralised Mozambican army that fled the scene of fighting. 

For more than three years now, the SADC region has stared at the prospects of Islamic terrorism getting a foothold in the region via the Cabo Delgado province of Mozambique, where 700 000 people are now affected by the war. Yet such an obvious threat to regional peace and stability has not received any meaningful reaction from the SADC. It will not be a surprise if this summit comes and goes as if nothing is happening.

DRC and potential regression: When President Tshisekedi ascended to the throne in 2019, there was relief that for the first time in more than 60 years there was a transition of power to a civilian leader as a result of elections. 

However, political instability and ethnic-based conflict continue. Between October 2019 and February 2020, more than 300 civilians were killed in northwest Beni, North Kivu province, when the Congolese army launched a military operation against a non-state armed actor, the so-called Allied Democratic Forces (ADF), in an attempt to dismantle and expel the group. 

There are fears that a power struggle is currently raging between President Tshisekedi and former president Kabila, “who continues to wield enormous power through his parliamentary majority, control of the army and several cabinet ministries, to interfere with the country’s next elections in 2023.”

SADC can ill-afford another full-blooded conflict in the DRC. SADC’s military intervention in the DRC in 1998 has already been widely discussed and criticised as an illustration of SADC’s lack of unity, dearth of co-operation, and ability to be hijacked by national if not private interests. 

Zambia and Lungu’s power consolidation: President Lungu came into power after questionable elections. The United States’ 2019 Country Reports on Human Rights Practices in Zambia notes that the country’s last election in 2016 was marred by irregularities. 

“Although the results ultimately were deemed a credible reflection of votes cast, media coverage, police actions, and legal restrictions heavily favoured the ruling party and prevented the election from being genuinely fair.

Civil society has of late reported systematic and sustained attacks on the free media in Zambia ahead of the 2021 elections. The following radio stations have been disrupted by Patriotic Front cadres during this Covid-19 period: Feel Free radio station, Power FM, 5FM radio, Muchinga Radio, and Radio Maria.

This systematic and sustained attack on free media in Zambia shows that the militias who religiously carry out these attacks act with the acquiescence of the state. Frankly speaking, no one expects SADC to do anything about this, in the process reinforcing the notion that impunity pays.

Eswatini – Last absolute monarchy in the world: Eswatini remains as the last absolute monarchy in the world, with notable governance deficits. King Mswati holds supreme executive power over the parliament and judiciary by virtue of a 1973 State of Emergency decree.

Why the SADC does not hold King Mswati to account and fully implement the 2005 constitution remains a mystery. 

Lesotho and failure to implement the Phumaphi report: Since its return to democracy in 1993, political instability, characterised by excessive meddling in civilian politics by the military, continued to rock Lesotho. In May 2020, former Prime Minister Tom Thabane finally bowed to pressure and resigned. Moeketsi Majoro, who according to analysts faces enormous hurdles ensuring peace and political stability in the country, replaced him. 

Such is the political instability in Lesotho that by 2018, when the SADC established a commission of inquiry into killings of the army commander led by Justice Phumaphi, Lesotho had had three elections in five years , after the government collapsed with votes of no confidence in Prime Ministers. 

SADC has failed to enforce the full implementation of the Phumaphi report resulting in prime Minister Tom Thabane being ousted and political instability and economic and social suffering of Basotho continuing unabated with the possibility of a fourth election in seven years.  

Can Tanzania hold credible elections? 

Despite the raging on of Covid-19, Tanzanian President Magufuli decided to power on with elections. Tanzanian opposition leader Tundu Lissu, who was shot 16 times in an attempt on his life in 2017, has said he lacks confidence in the electoral commission ahead of his presidential contest in October’s general elections. Lissu accused Tanzania’s electoral officials of serving at the pleasure of the incumbent, arguing that the chairman and the chief executive of the electoral commission were appointed by President Magufuli in an opaque manner, rendering their impartiality questionable. 

Lissu has also recently written to President Cyril Ramaphosa in his capacity as Chairperson of the AU, appealing for his own protection ahead of the elections.

Peace, stability and development in southern Africa:  A pie in the sky

In 1992, a landmark achievement by the Community was the establishment of the SADC Tribunal. However, it died a slow death as the result of political interference by Zimbabwe after the Tribunal made judgments against Zimbabwe in 2007-8.

It was disbanded in 2011-12. Hope for the revival of the SADC Tribunal was re-ignited after South African High Court judge Dunstan Mlambo ruled that “if the intention of the Zuma-led government was to withdraw Pretoria from the SADC Treaty and Protocol, consent of Parliament had to be obtained first”.  This judgment was confirmed by South Africa’s Constitutional Court in 2018.

If SADC heads of state and government genuinely believe in the rule of law and human rights, then they should prioritise reviving the SADC Tribunal.

It is for reasons such as these that SADC’s institutional framework for regional peace and security is proving ineffective – its leaders are unwilling to enforce democratic principles and to hold each other to account. 

While it has established strong protocols on security co-operation and safeguards on democracy and human rights, SADC continues to operate on the pillars of absolute sovereignty and solidarity, leaving a yawning gap between standards and practice. 

Thus, according to former Botswana President, Ian Khama 

Most of the time presidents at the SADC and the African Union (AU) hold meetings just to look politically correct … they just go home after that and it is business as usual.”

This reinforces the criticism of SADC as a moribund organisation that is ill-equipped to confront critical challenges necessary for the achievement of real progress. 

SADC must be for the people of SADC and not an exclusive inaccessible club for the presidents and heads of state. In its current form and modus operandi, SADC is part of the problem driving instability in the sub-region.

Arnold Tsunga is a human rights lawyer, the director of the Africa Regional Programme of the International Commission of Jurists (ICJ), and the Technical and Strategy Adviser of the SAHRDN. Tatenda Mazurura is a Woman Human Rights Defender (WHRD) and an election expert.

SAHRDN 2020 Human Rights Award Nominations now open

We are seeking nominations for HRDs – an individual or organization working in any of the 16 Southern Africa region  – who have demonstrated an exceptional commitment to human rights defending. In these COVID-19 times,  human rights defenders are continuously under pressure globally, it’s never been more important to raise the profile and honor the work, of brave women and men around the world fighting to promote human dignity usually at great personal risk. To nominate individuals or organizations, please download the nomination forms below. Please use the language of your choice as the nomination forms are in English, French, and Portuguese.

The deadline to submit the nomination forms is 31 August 2020

Zimbabwean government must stop misusing the legal system to arbitrarily arrest and detain human rights defenders.

The Southern Africa Human Rights Defenders Network (SAHRDN) demands the immediate release of Journalist Hopewell Chin’ono and opposition leader Jacob Ngarivhume, who were arrested earlier today and are being arbitrarily detained at Harare Central Police Station.

The arrest of Hopewell Chin’ono was captured on camera when police armed with guns, vandalized his property, breaking a glass door to forcibly gain entry. He was dragged away from his home without a warrant of arrest and no identification from the officers, in an incident that was tantamount to an abduction. Chin’ono, an award-winning investigative journalist has recently been instrumental in exposing high levels and systemic corruption in Zimbabwe.


“We deplore the increasing weaponization of the law to attack civic space and silence human rights defenders in Zimbabwe. Over the years we have seen the systematic misuse of the law by state security institutions, including the police and central intelligence agents, to target dissenting voices and those advocating for accountable governance. These were the same tactics used in pre-independent Zimbabwe and it’s unfortunate the phenomenon continues to exist in what is supposed to be a democratic and free Zimbabwe. Criminalizing defenders which undermines rule of law cannot be a good state policy and must be stopped immediately”

Professor Adriano Nuvunga, a steering committee member of the SAHRDN and Executive Director at the Centre for Democracy and Development (CDD) in Mozambique.

Leading human rights lawyer Beatrice Mtetwa later posted a video standing in front of the shattered door of Hopewell Chin’ono’s house, confirming the arrest of her client, but unbale to verify who had taken him and where he had been taken to. SAHRDN is aware that for several hours, Chino’ono was denied access to his lawyers, nor was he promptly informed of the charges he is facing, which was in violation of his due process rights.

Preceding his arrest, Hopewell Chin’ono had reported receiving verbal threats from ruling ZANU PF members following his corruption exposé that eventually led to the firing of Zimbabwe’s Minister of Health who was implicated in the diversion of public funds meant for COVID-19 purposes.

Jacob Ngarivhume is the President of Transform Zimbabwe, an opposition political party in Zimbabwe, who has been calling for a public protest against bad governance and corruption that is scheduled for on 31 July. Prior to his arrest, he had been similarly receiving death threats from suspected government agents or sympathizers.

The arrest of Chino’ono and Ngarivhume are the most recent in a series of arrests and attacks of human rights defenders and legitimate political opponents, targeted for merely speaking out against corruption and bad governance in Zimbabwe. Just this past week suspected state security agents broke into the house of Mr Obert Masaraure, who is the President of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ). They briefly but forcibly held his wife demanding to be told the whereabouts of Masaraure. Masaraure has been a victim of abduction and torture by state agents for his activism. ARTUZ has been key in calling for better living conditions of Civil Servants, particularly rural teachers. We also saw nurses being arrested and detained for striking for better working conditions and essential protective clothing in light of Covid-19. Young human rights activists, Namatai Kwekeza, Youngerson Matete and Prince Gora were recently arrested for staging a protests against proposed constitutional amendments. This was the second arrest of Namatai Kwekeza in less than a month.

“We urge the Zimbabwean government to comply with its obligations under regional and international law, as well as the Constitution of Zimbabwe,” said Prof Nuvunga. “Section 58, 59, 60 and 61 of the Constitution of Zimbabwe specifically guarantee freedom of expression, peaceful assembly, and association”

added Professor Adriano Nuvunga

The United Nations Special Mechanisms have recently written to Zimbabwean authorities on the abuse of human rights defenders and violation of the rights to freedom of expression, association and assembly. The continued targeting of defenders especially during a global pandemic where government should be more accountable is counterproductive.

The SAHRDN strongly calls on Zimbabwean authorities to stop persecuting human rights defenders, journalists, and democracy activists who are legitimately exercising their constitutional rights. We also call for the immediate and unconditional release of Hopewell Chin’ono and Jacob Ngarivhume and that their safety be guaranteed.

For more information please contact Simphiwe Sidu the Regional Legal Adviser at ssidu@southernafricadefenders.africa or +27736202608.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Roundup is a weekly column aimed at highlighting important human rights news in southern Africa. It integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region. The weekly roundup is a collaboration between the Southern Africa Human Rights Defenders Network and Maverick Citizen.

When the World Health Organisation (WHO) declared Covid-19 a global pandemic on 11 March 2020, most governments in southern Africa swiftly introduced lockdowns and curfews to curb the spread of the virus.

The measures slowed the infection rates, potentially preventing calamities associated with the poor state of public health facilities in Africa. However, their most severe consequences were on livelihoods and national economies in a way that threatened stability. It came as no surprise that from May, we saw most countries slowly easing restrictive measures and opening up again — even though the peak of Covid-19 infections has not yet been reached. 

In this article, we take a look at the rate of infections vis-à-vis the state of lockdowns and the challenges that are complicating reopenings across the region.  

Lockdown measures and economic carnage

Reports indicate that 15 sub-Saharan African governments went so far as to partially or fully close their borders – closing airports, ports and in some cases land borders – before they had even confirmed a single case. 

As of 30 March, 46 of sub-Saharan Africa’s 49 sovereign states had imposed partial or full closures of their borders; 44 had closed schools, banned public gatherings, or put in place other social distancing measures; and 11 had declared a state of emergency. 

On a regional level, sub-Saharan Africa arguably responded more quickly and decisively than anywhere else in the world. 

While Africa hasn’t yet suffered the ravages of the pandemic on the scale that has hit other continents like Asia, Europe and America, analysts say Covid-19 could still have a devastating impact on the continent’s already strained health systems and is quickly turning into a social and economic emergency. According to the African Union, the continent faces its first recession in a quarter-century and has lost nearly $55-billion in the travel and tourism sectors in the past three months. 

South Africa, the continent’s largest and most developed economy, is the only African country among the 10 hardest hit Covid-19 countries in the world. South Africa is expected to experience its deepest recession for a century with at least a 7.1% contraction in GDP while the collapse in oil prices has hit Africa’s third-largest economy — Angola — as well as the second-biggest economy, Nigeria, hard. 

In May, the United Nations Economic Commission for Africa (Uneca) estimated that Africa could lose up to $65.7-billion (2.5% of annual GDP) for every month of lockdown. 

 Covid-19 update and status in the region

Worldometer reported that as of 14 July, Africa had registered 616,345 cases and more than 13,500 deaths. According to WHO regional director for Africa, Dr Matshidiso Moeti, “Even though these cases in Africa account for less than 3% of the global total, it’s clear that this pandemic is accelerating.” 

South Africa reported its biggest increase in Covid-19 infections on 9 July when the Health Ministry reported that there had been 13,674 new confirmed cases in one day. By 14 July, the number of confirmed cases in South Africa had surpassed 280,000. A record 192 people succumbed to Covid-19 in 24 hours on 7 July. Fatalities increased from 3,502 to 4,172 within a week. 

Reports indicate that by 14 July, DRC had recorded 8,135 cases, Malawi 2,430, Zambia 1,895, Eswatini 1,434, Mozambique 1,268 and Zimbabwe stood at 1,064. Namibia had 864, Angola 525, Tanzania 509, Botswana 399, while Lesotho, one of Africa’s least affected countries, had recorded 256 cases.

It is not clear what is driving the significant differences in infection rates, but there is belief that the differences in numbers may be a factor of the capacity to test and compile up-to-date statistics. South Africa has carried out and continues to carry out extensive testing while some countries like LesothoZimbabwe and Eswatini have limited capacity and therefore their infection-rate statistics will not be reliable.

Reopenings: Economic necessity or health suicide?

Due to the enormous stress the lockdowns have imposed on economies, governments in the region have gradually been reopening economies from May. Zero economic activity is unsustainable. The balance between maintaining some economic activity and containing the spread of Covid-19 is delicate.

The opening up of economies has been accompanied by some strict measures, including quarantining returnees, enforcing the wearing of masks in public, restrictions on public gatherings and continuation of physical distancing. 

The conditions in some quarantine zones in some countries and how they then become zones for the spread of Covid-19 is a matter for another day.

Despite experiencing the highest number of cases, which continue to rise, South Africa continues to move forward with its phased reopening strategy. In June, schools, churches and businesses such as restaurants, hairdressers, and hotels, among others, were allowed to reopen. On 6 July, more pupils returned to school after nearly four months of interruption. 

In a nationally televised address on 12 July, President Ramaphosa, however, announced that while the country would remain on Level 3, regulations would be tightened to ease pressure on the country’s healthcare system and slow the spread of the virus, adding that top health officials had warned of impending shortages of hospital beds and oxygen as South Africa reaches a peak of Covid-19 cases. Ramaphosa reintroduced a ban on the sale of alcohol, arguing that since the sale and distribution of alcohol was permitted again in June, hospitals have undergone a spike in admissions in their trauma and emergency wards. A night-time curfew was also reintroduced and he extended the national state of disaster to 15 August.

In response, the National Liquor Traders Council, South African Liquor Brand Owners Association (Salba), the Beer Association of South Africa, Vinpro, and the Liquor Traders Association of South Africa expressed concern that the ban will lead to more job losses. According to News24, the country’s alcohol industry directly employs about 90,000 people. 

In Tanzania, where President John Magufuli has been accused of taking an aggressive reopening strategy and has criticised local health officials for inflating the country’s Covid-19 numbers, larger gatherings – including weddings and at schools – were allowed to reopen from 29 June. 

Angola lifted its Covid-19 state of emergency at the end of May and reopened businesses at 50% capacity.

African authorities have also decided to reopen airspaceSouth Africa has resumed domestic flights while Tanzania and Zambia now have commercial flights. Tanzania opened its skies weeks ago, hoping for a tourism boost despite widespread concern that it is not being honest about the extent of infections. The country has reportedly not updated case numbers since April.

Tanzania was also the first country to reopen its borders to tourists and international travel as Africa’s tourism gears up for a comeback. 

Other countries such as Zambia and Zimbabwe have followed suit. 

Zambia’s President Edgar Lungu addressed the nation on 25 June and announced the reopening of international airports to boost international tourist arrivals. On 30 June, the government of Zimbabwe announced the easing of regulations in the tourism and hospitality sector. Restaurants will be allowed to welcome sit-in patrons, national parks will reopen and safari operators will resume economic activity. Restaurants may only occupy 50% of their licensed capacity. However, international travel remains banned. 

Zimbabwe remains under an indefinite “partial” lockdown, with a fortnightly review to determine when to reopen. Given the allegations of violations of fundamental freedoms and the arbitrary arrests and detentions of human rights defenders and political opponents, questions continue to be asked whether the indefinite lockdown in the country is meant to achieve public health or rather political outcomes.

As more African countries open their borders, the World Tourism Organisation (UNWTO) led Global Tourism Crisis Committee has drawn up guidelines to restart tourismSouth Africa, one of Africa’s most popular destinations, but unfortunately the epicentre of the pandemic in Africa, has however opted to reopen its tourism sector in early 2021.

Covid-19 and the informal economy

The impact of lockdown measures on the formal economy has been the largest trigger of efforts by many governments to reopen. Yet a significant number of African economies and livelihoods have been supported by the informal economy. In other words, Covid-19 has had a disproportionate impact on the poor and people who operate in the informal economy. 

The majority of the peopl live off the informal sector and cross-border trade. As long as the informal sector and borders remain closed, a lot of families face a humanitarian catastrophe. 

In addressing a SADC Parliamentary Forum Standing Committee on Trade, Industry, Finance and Investment meeting, Amnesty International “reckons that informal cross-border trade accounts for between $17-billion and $20-billion per annum” in southern Africa and “so if cross-border informal traders are unable to move and do business, the impact on household incomes would be dire.” 

This led Deprose Muchena, the Amnesty International Director for Southern and East Africa, to conclude that:

“While the globe is dealing with a health pandemic, Africa in general and southern Africa in particular, will be dealing with an economic pandemic.” 

The majority of the people, however, live off the informal sector and cross-border trade. As long as the informal sector and borders remain closed, a lot of families face a humanitarian catastrophe. 

In Zimbabwe, the suffering has raised political tensions with threats for a national anti-government strike on 31 July, led by the Movement for Democratic Change (MDC) Alliance, the country’s main opposition party. Faced with a combination of increasing infection rates and threats of protests, President Emmerson Mnangagwa has extended lockdown measures indefinitely, subject to review every two weeks. The reopening of schools in Zimbabwe has also been deferred owing to the rising number of Covid-19 cases. For now, it appears that the lockdown measures will respond to both the threats posed by Covid-19 and potential demonstrations.

Covid-19 reopening setbacks

Until June 2020 Seychelles had gone for “70-plus straight days without a single infection” before “two chartered Air Seychelles flights carrying more than 200 passengers also brought the coronavirus”, resulting in a situation between 24 and 30 June, where the country’s confirmed cases shot from 11 to 81. This made authorities “delay the reopening for commercial flights for its lucrative tourism industry until 1 August, if all goes well”. 

In Eswatini, the reopening suffered a huge setback when judges of the Mbabane High Court contracted the virus on 6 July, forcing the courts to close just a week after a cabinet minister had also tested positive. Schools are still closed and government plans to reopen them has sparked a fierce debate. So serious is the standoff between the government and civil society that the Swaziland National Association of Teachers has filed a court appeal against the government’s plan to reopen schools. The association argues that independent inspections at more than 22 schools had established that conditions were not conducive to learning. 

After easing restrictions for the first time in 48 days on 21 May, Botswana was forced to bring back a strict lockdown in its capital city, Gaborone, and surrounding areas after recording 12 new cases on 12 May. The lockdown was to be lifted on 16 June. On 3 July, the government announced the Ministry of International Affairs and Co-operation was being shut “due to Covid-19 exposure”.  

With Covid-19 being a poverty, inequality and human rights violations multiplier, serious questions continue to be raised on the adequacy of the Covid-19 lockdown measures and current efforts at tweaking such measures in order to facilitate the reopening of the economies. 

At the beginning of July, the president was back in quarantine for the fourth time “due to the discovery of a positive Covid-19 test result on one of the officials closely serving His Excellency the President Dr Mokgweetsi Eric Keabetswe Masisi”.

On 15 July, BBC News reported that as doctors, unions and management fight over scarce resources in South Africa, one senior doctor described the situation as “an epic failure of a deeply corrupt system”, while another spoke of “institutional burnout… a sense of chronic exploitation, the department of health essentially bankrupt, and a system on its knees with no strategic management”.

RFI reported on 28 May that more than 400 people escaped from Kamuzu Stadium quarantine centre in Malawi — at least 46 of them had tested positive for the virus. Reasons for desertion included complaints of inadequate food, not enough bathrooms or other facilities at the stadium they were placed in while others simply bribed the police to escape. On 6 July, Malawi, which took to the polls on 23 June in a fresh presidential election, cancelled its independence celebrations that had been scheduled to coincide with the new president’s inauguration ceremony owing to a sharp rise in Covid-19 cases. 

In South Africa, teacher unions have strengthened calls for schools to close again after President Cyril Ramaphosa confirmed that the country’s Covid-19 peak is yet to come. Several teachers and students were infected with the virus at schools.

“Covid-19 is a global public health challenge, but in Africa, the malady has metamorphosed into an “economic pandemic” requiring bold and innovative parliamentary and governmental responses.” 

Deprose Muchena of Amnesty International says

While governments have been pushed to reopen economies largely by the impact of Covid-19 measures on the formal economy with estimated losses of $65.7-billion per month for each month of lockdown, according to Uneca, it is the carnage on the poor who rely on the informal economy worth $17-billion to $20-billion a year in southern Africa alone that the greatest impact on household incomes is felt. 

With Covid-19 being a poverty, inequality and human rights violations multiplier, serious questions continue to be raised on the adequacy of the Covid-19 lockdown measures and current efforts at tweaking such measures in order to facilitate the reopening of the economies. 

The predominantly weak economies in the region cannot cope for long without opening up. Yet without measures to enforce the conditions necessary for safe reopenings, it appears there is a looming danger of a further spike in infections and with it a possible return to strict lockdowns. The cost of another wholesale lockdown in southern Africa is economically unfathomable and a potential human rights disaster of incalculable proportions. 

Arnold Tsunga is a human rights lawyer and the technical and strategy adviser of the Southern Africa Human Rights Defenders Network. Tatenda Mazarura is a woman human rights defender (WHRD), a professional rapporteur and an election expert. Mark Heywood is editor of Maverick Citizen.

The Southern Africa Human Rights Defenders Condemns Xenophobic Attacks against Foreign Nationals in South Africa

The Southern Africa Human Rights Defenders Network (SAHRDN) calls on the Government of South Africa to immediately adopt measures that guarantee the protection of foreign truck drivers from the ongoing violence, intimidation, and harassment that is occurring in the country.

Since the start of July 2020, calls were made by several local organizations, including the All Truck Drivers Foundation (ATDF), for a national truck shutdown over the hiring of foreign nationals in South Africa. Actions taken by the ATDF thus far have included blocking several roads across the country, looting, torching of trucks and attacks of foreign national drivers. Furthermore, several reports indicate that there are also widespread plans to attack foreign-owned shops across the country. 

“The attacks on foreign nationals in South Africa, particularly those who come from other parts of Africa and Southeast Asia, are not new”, said Simphiwe Sidu, Legal Advisor of the SAHRDN. “What we are witnessing is part of a larger societal issue concerning the ongoing systemic challenge of achieving an equal society, particularly in relation to race, class and nationality”, added Miss Sidu

The Constitution of South Africa is founded on the values of equality and the creation of a non-racial and non-sexist society. Section 9 of the Constitution guarantees the right to equality and equal protection and benefit of the law for every person, including foreign nationals who are within the borders of South Africa. In addition, South Africa is a party to a number of international human rights instruments, which promote the right to equality and non-discrimination. Some of these instruments include the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, which all prohibit discrimination and guarantee the equal protection of every person according to the law.

According to previously published reports by Xenowatch, more than 300 deaths and 900 physical assaults related to xenophobia have occurred since 1994 in South Africa. Additionally, more than 100 000 foreign nationals have been displaced within this period. Although the South African Government has recently adopted a National Action Plan to combat xenophobia, research shows that the attacks continue to worsen, and little has been done by the criminal justice system of the country to hold perpetrators of such actions accountable.

While President Cyril Ramaphosa has previously spoken out against the attacks on foreign nationals, we believe that there further needs to be a strong demonstration of leadership from all sectors of government in order to protect the rights and interests of all foreign nationals in the country. The SAHRDN embraces the spirit of Ubuntu and Pan-Africanism, and we call on Mr. Ramaphosa as both the President of South Africa and Chairperson of the African Union to safeguard the unity and protection of all Africans, by ensuring that:

  1. The Police and every other relevant stakeholder to immediately investigate the criminal acts and ensure that perpetrators are brought to justice for the harm done.
  2. Government needs to take urgent measures in reforming and implementing the National Action Plan to combat Xenophobia, by inviting all relevant stakeholders, including Civil Society Organizations and the public for comments.
  3. Government needs to urgently tackle the root cause of Xenophobia in South Africa, including eradicating inequalities in the country in order to promote peace and stability, within the framework of the South African Constitution and any other relevant instruments.
  4. Government should promote the founding values of the Constitution by seeking to ensure the need for equitable access of services for every person who lives in the country.

Southern Africa Human Rights Round-up

The Southern Africa Human Rights Defenders Network and Maverick Citizen launched the Southern Africa Weekly Human Rights Roundup, aimed at highlighting important human rights news in Southern Africa. The Human Rights Roundup integrates efforts of human rights defenders and facilitates evidence-based engagement with key stakeholders, and institutions on the human rights situation across the region.

This issue focuses on the impact of Covid-19 on workers’ rights across Southern Africa.

The restrictive measures imposed by governments to combat the spread of the pandemic has resulted in economies shrinking, businesses closing and severe deindustrialisation across Southern Africa.

As a result there has been large scale job and livelihood losses. Those who have been lucky to preserve their jobs have been forced by lockdown measures to work from home.

Workers in the essential services have experienced long hours. In many countries, workers in such essential services, which are often also high risk, have not been given adequate personal protective equipment (PPEs) that protects them from exposure to the virus. This has resulted in workplace tension manifested by strikes in many countries. 

Covid-19 added pressures to an already battered workforce in a region characterized by a large informal sector, eroded earnings, high unemployment, casualization of labour, gender inequalities. Vulnerable workers such as vendors, informal traders (self-employed), migrant workers, asylum seekers and undocumented people have suffered the most including facing evictions for non payment of rentals and starvation because they are not normally covered by social grants restricted to citizens.

At this point, there is only anecdotal evidence on the true cost of this devastating impact, especially from the private sector because, other than in South Africa, no governments offered stimulus packages for industry nor financial support to workers. Whilst concrete evidence will be too early to expect, we present a preliminary gloomy picture of how workers’ rights, safety and well being in Southern Africa have been affected. Regrettably, the situation is expected to deteriorate further. 

Health Workers and Protective Personal Equipment (PPE)

Southern Africa is notorious for weak health systems characterised by poor public health infrastructure and inadequate number of health workers. Many countries failed to ensure PPE was available in adequate quantities for health workers. Most governments did not adhere to directives on working safely in line with WHO guidelines on Getting your workplace ready for Covid-19: How Covid-19 spreads

The failure to provide public health workers with PPE resulted in strikes, picketing and demonstrations. In Tanzania, for example, one nurse summed up the situation facing thousands of health workers across Southern Africa when she had this to say:

“I have been working at Amana Regional Referral Hospital for 10 years. Here is what my normal day looks like: I do not have any PPE, but I commute in public transport. How am I supposed to protect myself and others? How am I supposed to protect my family? We are struggling… people are demoralised.”

In March, doctors and nurses in Zimbabwe protested against the government’s failure to provide them with PPE and adequately equip public hospitals to combat the Covid-19 outbreak. In an application filed on 5 April, the Zimbabwe Association of Doctors for Human Rights (ZADHR) approached the High Court, arguing that they were at risk of contracting the virus. 

The Food Federation and Allied Workers Union of Zimbabwe (FFAWUZ) was forced to approach the Ministry of Labour and Social Services with an urgent appeal to get adequate PPE and other necessary amenities during the 21 day lockdown as some employers failed to protect workers especially in the food industry. 

In April, healthcare workers in Lesotho went on strike following failed attempts to engage the government on how to obtain protective gear, training and a risk allowance.

Also in April in Eswatini the Swaziland Democratic Nurses Union (Swadnu), resolved to take the Eswatini government to court for gross negligence, and to compel the government to supply adequate PPE to all healthcare workers. This came after a nurse at Raleigh Fitkin Memorial (RFM) hospital tested positive for Covid-19 and 10 other nurses were isolated.

On 28 April, South Africa’s Department of Employment and Labour issued a directive giving clear guidance on mandatory safety measures that employers needed to put in place to protect employees. 

The C-19 People’s Coalitionrepresenting more than 300 civil society organizationshowever raised concern that the directive, while welcome, came over a month after lockdown commenced, thereby endangering people in the workplace. The Coalition also noted that many workplaces continued to ignore worker’s rights with some workplaces failing to provide basic safety measures. 

On 1 May, a number of trade unions in South Africa, the Treatment Action Campaign (TAC) and community health workers picketed outside Chris Hani Baragwanath Hospital in commemoration of workers’ day. They too cited incidents of healthcare workers not being given the requisite PPE to protect themselves. 

They also called for the proper training of community health workers and that all frontline healthcare workers be screened and tested for Covid-19 as a matter of priority, absent of which industrial action would follow.  

Mineworkers’ rights violated

Thousands of mine workers in the DRC were subjected to enforced quarantine at Tenke Fungurume copper and cobalt mine for two months. They held a successful strike on 23 May that led to the payment of a special allowance of US$600 to the 6000 mineworkers forcibly quarantined. The workers were also demanding to be paid for the overtime that they worked during the quarantine period. Work continued at the mine during the quarantine because mining is considered an essential service under Congolese law.

In March, IndustriALL Global Union reported that the Mineworkers Union of Zambia successfully campaigned for alcohol breathalyzer tests to be discontinued as they can easily spread the coronavirus resulting in some mining companies that include Mopane Copper Mines, Lubambe Copper Mine, Kanshanshi and Barrick Lumwana complying. Additionally, biometric systems in which workers used fingers were also reported as unsafe.

With the complicity of the unions, around two-thirds of South Africa’s 450,000 mineworkers returned to work to face the dangers of coronavirus on pain of starvation when the first stage of lockdown ended on 16 April. During the first 21 days of lockdown, employees were paid, but when it was extended a further 14 days, the employers in the Mineral Council refused to extend wage payments.

Mine owners say they have “plans” to operate safely at the pits. Work conditions in the pits, however, preclude social distancing. Workers go down into the pits packed in cages and work closely in teams at the face without visors or facemasks. 

Lay offs and unpaid leave in the transport industry

Travel Bus Company Intercape sent letters to its employees in Botswana, Mozambique and Zimbabwe notifying them it will temporarily lay them off starting 1 May 2020. The April letter informed employees they would receive their April salaries and that the temporary layoff would be for May, June and July 2020.  Employees affected were told not to expect a salary for these months.  

Forced paid leave has become the most direct consequence of Covid-19 on the labour market and no industry symbolises this than the airline industry.

Restrictions to international travel affect African airlines such as Ethiopian Airlines, Egyptair, Kenya Airways, and South African Airways, which are large employers and have linkages to other domestic businesses.

The first effects were the immediate partial unemployment of airline staff.  Zimbabwe’s state-owned airline put workers on indefinite unpaid leave after revenue dried up. The perennially loss-making national carrier said it would retain skeleton staff for ad hoc operations and airworthiness compliance, adding that wages remained its biggest cost. 

At South African Airways (SAA), the majority of the national carrier’s estimated 4,708 employees have not been paid for May. Most staff are on unpaid absence. Zazi Nsibanyoni-Mugambi, President of the South African Cabin Crew Association (Sacca), one of the major unions at the flagship carrier, told The Africa Report that workers have not been paid for May. “And not even the benefits have been paid – like, medical aid subsidies, Unemployment Insurance Fund contributions, pensions and all of those things. That’s also been stopped.”  

Workers rendered redundant overnight 

The United Nations says about 20 million jobs could be lost globally.

In April, 216 companies throughout Mozambique notified the Labour Ministry that they were suspending or reducing their activities in the wake of the Covid-19 pandemic, affecting 6,400 workers, according to the General Inspector of Labour, Joaquim Siuta.

Siuta added that, under these circumstances, companies should pay their workers 75% of their wages for the first month they were laid off, 50% for the second month, and 25% for the third month. The National Social Security Institute (INSS), he insisted, would only pay sickness benefit to workers with a hospital document proving they were ill. Siuta thus dashed hopes that the INSS might cash in its investments in order to pay wages to workers who have lost their jobs.

The majority of countries in the region rely heavily on the tourism sector and Covid-19 has hit this sector the hardest.

In April, the leading hotelier in Zimbabwe closed 21 of its hotels and strategic business units around the country. In an internal memo signed by the company’s acting human resources director, Believe Dirorimwe, and addressed to senior managers and staff, every affected employee’s salary was cut by 50%.

Eswatini’s Minister of Tourism and Environmental Affairs, Moses Vilakati, on 19 May, spoke to CNBC Africa on how Covid-19 has impacted the country’s recovery plan. He reported that some hotels have closed indefinitely, resulting in retrenchments and huge job losses. Over 26% of employment in the country is via the tourism industry. 

South Africa‘s biggest non-food retailer Edcon, on 11 June, served 22,000 of its employees with notices of retrenchments. This is more than half of the group’s 39,000 full-time and temporary employees.

So far, a number of African startups have announced layoffs, placed staff on indefinite unpaid leave or implemented salary cuts exclusively and this is in addition to job cuts. For example Yoco which claims over 150 employees on its payroll, announced that it was downsizing significantly.  

One of the first indigenous movie streaming platforms in Africa, iROKOtv, announced that, as from May 2020, 28% of its employees will be put on an indefinite unpaid leave of absence. 

Salary cuts 

Faced with reduced business, employers across the region also arbitrarily imposed salary cuts.

In May, Lesotho Times reported that factory workers were being issued M800 salary subsidies by the Lesotho government to cushion them from the closure of businesses which were deemed non-essential such as textile companies.

On 13 May, The Patriot on Sunday reported that the government of Botswana was headed for a fresh showdown with employees following its decision to freeze overtime payments for the essential public servants.

In South Africa, President Ramaphosa announced taking a 33% pay cut motivating his entire executive and all nine provincial premiers to also take a similar percentage in pay cuts for three months. The cumulative cuts, estimated to be worth around R13.4m, were donated to the Covid-19 Solidarity Fund.  

Leading hotelier African Sun also cut salaries for most of its employees including executives and senior managers by 50% as the effects of Covid-19 took a toll on the hospitality industry. 

The plight of migrant workers 

7.9% of workers in Africa are migrant workers and the majority of migration is intra-continental. In Southern Africa, South Africa is the magnet for millions of migrants but countries like BotswanaNamibiaTanzaniaDRC also host many. Migrants already face a slew of challenges, including accessing healthcare, even in normal circumstances due to lack of health insurance, cost, administrative hurdles, lack of access to facilities, and language barriers. Additionally, many migrants are frontline workers who keep people healthy, safe, and fed. Social protection for these workers, if received at all, is typically limited to some work injury compensation or health benefits, and almost never includes unemployment assistance.

It has been the South African government’s long-standing objective to reduce migration, and the pandemic has provided a cynical opportunity to do so.

On 24 April, Finance Minister Tito Mboweni urged companies to allow more South Africans to participate in the economy than foreign nationals, citing businesses such as restaurants, spaza shops, informal trading and so on. These are the very spaces occupied by most migrant workers.

There is a danger that post Covid-19, most migrant workers from the region will find themselves jobless if countries insist on inward-looking policies to try and placate local populations with populist, nationalist solutions. 

What do the Unions say?

The Southern Africa Trade Union Coordination Council (SATUCC) acknowledged that the pandemic had been very disastrous to workers’ rights. The council further noted that the impact was worse on un-unionised workers such as migrant workers, domestic workers, farm workers and those in the informal sector.

As a result SATUCC is now working on including these categories of workers in its work. In an interview on 4 May, the Executive Secretary of SATUCC, Mavis A Koogotsitse, admitted that the pandemic caught trade unions napping. She stressed that unions should now think beyond the traditional ways of mobilising in the workplace.

The European Network of Equality Bodies (EQUINET) expressed concern over what it referred to as “a new and scary discrimination trend,” that has arisen worldwide against those that are in the frontline of action noting how the daily lives of nurses, doctors and healthcare workers are increasingly being affected by discriminatory attitudes and harassment.

The International Labor Organization noted with concern how Covid-19 containment measures have threatened to increase relative poverty levels among the world’s informal economy workers thereby exacerbating already existing vulnerabilities and inequalities. Among other recommendations, the ILO emphasised the need for policies that reduce the exposure of informal workers to the virus; ensure that those infected have access to health care; provide income and food support to individuals and their families; and prevent damage to the economic fabric of countries. 

Conclusion

The impact of Covid-19 on the labour market has been huge. The healthcare shortfalls exposed by Covid-19 in Africa, led Human Rights Watch to call on governments to urgently address healthcare deficiencies in line with international human rights law, including the African Charter on Human and Peoples’ Rights. It is highly important that labour policies, laws and regulations be revamped to make them as pandemic-proof as possible if workers are not to bear the same brunt in future. Meanwhile, mechanisms aimed at redressing a litany of labour infringements against workers during the Covid-19 pandemic need to be urgently conceived and implemented. As Guy Ryder, the Director-General of the International Labor Organisation (ILO) aptly said:

“Workers and businesses are facing catastrophe, in both developed and developing economies …We have to move fast, decisively, and together. The right, urgent, measures, could make the difference between survival and collapse.” 

Arnold Tsunga is a human rights lawyer, the director of the Africa Regional Programme of the International Commission of Jurists (ICJ) and the technical and strategy adviser of the SAHRDN. Tatenda Mazarura is a woman human rights defender (WHRD), a professional rapporteur and an election expert. Mark Heywood is editor of Maverick Citizen. 

CALL BY AFRICAN CIVIL SOCIETY FOR REFORM IN THE USA TO ADDRESS STRUCTURAL AND SYSTEMIC INEQUALITY, RACISM AND INJUSTICE

The Southern Africa Human Rights Defenders Network (SAHRDN or the Defenders Network), DITSHWANELO – The Botswana Centre for Human Rights and Africa Judges and Jurists Forum (AJJF) wrote to the President of the Senate and the Speaker of the United States House of Representatives to highlight the ongoing recurrent pattern of unlawful arrests and killings of persons of color by the police. The petition was presented on behalf of civil society organisations and individuals from across the African continent where the letter that was signed by 78 organizations and over 1036 individuals calling for the United States of America to address the ongoing structural and systemic inequality, racism and injustice.

SADC: RESTRICTIVE COVID-19 REGULATIONS PRESENTING CONCERNING RAMIFICATIONS FOR ENJOYMENT OF HUMAN RIGHTS, INCLUDING LIVELIHOODS

We, the undersigned organizations, are writing this letter to bring to your attention the worrying restrictive COVID-19 regulations presenting concerning ramifications for enjoyment of human rights, including livelihoods.

As the international community strives to combat the spread of COVID-19, a number of states in the Southern African Development Community (SADC) have adopted varied measures that have concerning ramifications for the enjoyment of human rights, including livelihoods for people in the informal economy. States have, in some instances adopted declarations of states of emergency and [others declared] states of disaster or other measures that limit the exercise of certain human rights. While some states have begun gradually relaxing these regulations, the business environment remains restrictive and this means that millions of people within SADC, especially those who are in the informal economy, cannot work, with the poor mostly affected. While the challenges presented by COVID-19 are enormous and compel States to employ unprecedented measures to protect populations from this global pandemic, it is important all measures comply with applicable international human rights standards. Human rights must be at the centre of all prevention, preparedness, containment and treatment efforts, in order to best protect public health and support the groups and people who are most at risk.

Legal measures in response to COVID-19

In southern Africa, several countries have declared states of emergency or taken exceptional measures to curb the spread of COVID-19.  Those that have declared states of emergency include, Angola, Botswana, Eswatini, Lesotho, Mozambique and Namibia. These are of varying periods and it is concerning that unduly prolonged periods or extensions of state of emergency have been declared in some countries where parliamentary oversight is not guaranteed without providing reasons to justify the length. Only Botswana and Namibia have subjected the declarations to parliamentary oversight. States of emergency must be limited to the extent strictly required by the exigencies of the situation, “relating to the duration, geographical coverage and material scope, and any measures of derogation resorted to because of the emergency.

All relevant safeguards under international law must be adhered to, including the official proclamation of the state of emergency and its international notification with full information about the measures taken and a clear explanation of the reasons for them; that it must be temporary and subject to periodic and genuine review before any extension; and to narrow down any derogations of human rights to those for which this is actually allowed under international law, and strictly necessary in the situation. The undersigned organization are concerned that this may lead to human rights violations, including related to freedom of movement and livelihoods. While States can derogate from certain freedoms and rights during a state of emergency, they cannot derogate from certain rights including the right to life; the prohibition from torture, cruel, inhuman or degrading treatment or punishment  medical or scientific experimentation without free consent; freedom from slavery or involuntary servitude; imprisonment for failing to fulfil a contractual obligation;  equal recognition before the law;  and freedom of thought, conscience and religion.

The states of emergency and the measures taken under then must not become a “new normal”. States must lift all emergency measures as soon as it is no longer warranted by the pandemic-related emergency and ensure that related restrictions or derogations of human rights do not become permanent.

Excessive use of force to enforce COVID-19 response measures

Across the SADC region, governments have deployed security forces to enforce compliance with COVID-19 response measures. Coercive enforcement approaches contradict evidence-based public health best practice, and often target disadvantaged communities which are marginalized, impoverished or at risk of discrimination resulting in stigma, fear and thwarting trust in authorities.

The imposition of penalties as enforcement measures must be the last resort after other alternatives have proven unsuccessful or if it becomes clear that the objective cannot be achieved by those other means. Sufficient steps need to have been taken to make sure the public is aware of the reasons for the restrictions and the need to comply with them. States must also put in place measures for people to be able to comply with the restrictions, including by enabling them to satisfy their essential needs, and take into account the situation of marginalised groups who may require support in order to be in a position to comply with the restrictions. In some cases, security personnel have used excessive force against people allegedly breaching such measures, including beating and humiliating them in public. Police have  been accused of entering people’s homes and assaulting them. In some cases, government officials are reported to have encouraged use of force.

In Zambia, Lusaka Province Minister Bowman Lusambo was reported to have threatened people with whipping if they did not respect the Presidential Directive to stay home, while police have been beating people with baton sticks on the streets. National police spokesperson Esther Katongo said in a television interview that police in Zambia had adopted a strategy to “hit and detain” anyone found on the streets.  Police have been documented beating people with baton sticks on the streets. In Zimbabwe, police officers raided a vegetable market forcing more than 300 vendors to flee and leave behind their produce. Police carried out the raid despite the agriculture sector being flagged as an “essential service” during the 21-day lockdown. They later disposed of the food, and vendors are yet to be compensated.

In Mauritius, police officers are under investigation for torture following reports of police brutality while enforcing the lockdown. In Mozambique, a local television station has accused police of taking advantage of the lockdown to raid vendors’ shops and steal their goods. In South Africa, there are reports of abuse, heavy-handed policing and the use of excessive force by the police and military.

Legality of new legislation on surveillance

While legislative initiatives are critical to the fight against COVID-19, in some cases there are concerns about their legality and susceptibility to abuse during and after the pandemic is contained. Some states are using increasing and different forms of surveillance, including those aimed at movement tracking, contact tracing, and the creation of “health apps”. To date, only South Africa has put in place surveillance specific legislation. On 2 March 2020, South Africa issued revised regulations, which mandate various entities to provide the Director General of the Department of Health with personal information of persons for inclusion in the COVID 19 contact-tracing database. This includes persons who have tested positive for COVID-19 or persons that have come into contact with those confirmed or suspected to be infected. 

In addition, the Director General of the Department of Health may direct an electronic communications service provider to furnish the location or movements of any person known or reasonably suspected to have contracted COVID-19, and the location or movements of any person known or reasonably suspected to have come into contact with such a person. 

While efforts to combat the spread of COVID-19 may necessitate innovative approaches, surveillance laws or regulations can and have been used to violate citizens’ rights to privacy. Increased surveillance measures will only be lawful if they can meet strict criteria. Governments must be able to show that measures implemented are provided for by law and are necessary, proportionate, time-bound, and that they are implemented with transparency and adequate oversight. In promulgating the regulations, the South African government has rightly included safeguards to minimise threats of breaches to the right to privacy and other fundamental rights and freedoms. Such measures include the appointment of a designated COVID-19 Judge to provide oversight over the implementation of the regulations and provide recommendations to the government to address any real or possible breaches of citizens’ rights.

In addition, the gathering of the surveillance information is led by health authorities and not state security authorities who might use it for other purposes including policing. Similarly, the lead role by health authorities provides a level of protection to individuals such as human rights defenders who are often the subject of surveillance by state security authorities. Importantly, the regulations state that the data collected will only be used for the purposes of controlling COVID-19, and will be destroyed or anonymised after the state of disaster terminates. Moreover, the concerned individuals will be informed if they were subjects of surveillance during the state of disaster.

Persons deprived of liberty

The conditions of prisons and prisoners in many African countries are afflicted by severe inadequacies including high congestion, poor physical, health, and sanitary conditions, as a result special attention needs to be drawn to the severe risk these conditions pose to the spread of COVID-19. Urgent and holistic preventive measures are required that focus on the most marginalized groups in our society, particularly prisoners. If COVID-19 penetrates prison systems in the sub-region, this will not only rapidly contribute to infections, but it risks high prison mortality rates. Authorities must ensure prompt and regular access to medical attention and adequate health care for people who are deprived of their liberty at a standard that meets each person’s individual needs and is similar to what is available in the community. Prison health is public health and, therefore, effective COVID-19 responses should address the risk that congestion poses to both the prison population and the broader community. In order to de-congest prisons, governments in the sub-region should adopt an urgent strategy for the protection of the rights of people deprived of their liberty, including through addressing overcrowding in prisons, through the immediate and unconditional release of prisoners of conscience; reviewing decisions to retain people in pre-trial detention as well as to detain children; considering the early, temporary or conditional release of those convicted of minor offences and people at higher risk, such as older people, pregnant women and those with underlying medical conditions; and adopting alternatives to detention. Efforts should be made to release older detainees if they no longer pose a threat to public safety and they have already served a portion of their prison sentence.

In addition, those convicted of minor offences should also be considered for release. Individuals arrested on immigration-related charges should not be detained in prisons. Judicial institutions should be provided with the necessary support and mandate to enable them to consider release of prisoners, especially those who have spent excessively long periods in detention pending judgment or sentencing. Judiciaries should also pay specific attention to the release on bail of older persons, persons who are chronically ill and whose state of health is exacerbated by prison conditions. Equally, special attention should be paid to children in prison and reformatory centers and women who are pregnant or remanded with their children. Importantly, on 25 March, the UN Committee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment also called on governments to reduce prison populations wherever possible by implementing schemes of early, provisional or temporary release.

Gender-based violence

The COVID-19 pandemic has heightened the risk and exposure of women and girls to sexual and gender-based violence (SGBV). Confinement due to stay-at-home orders or lockdowns has increased the risk of women and girls to domestic, sexual, economic, psychological and other forms of gender-based violence by abusive partners and family members. Poor housing and poverty in most countries of the sub-region exacerbate this phenomenon. Increasingly, hotlines in the sub-region have been inundated with calls from women reporting abuse and seeking assistance.

In South Africa, the Department of Social Development’s Gender-Based Violence Command Centre received about 2,300 complaints in the first four days after the lockdown came into effect. Accessing help can also be difficult due to confinement with the abuser.  It is, therefore, imperative that States adopt innovative ways in exercising their due diligence obligation to prevent and protect women and girls from SGBV during the pandemic. States must ensure that prevention of and protection from gender-based violence and domestic violence is an integral part of their national response to the pandemic.

The unique challenges that COVID-19 presents to addressing SGBV due to confinement require bold responses from States including re-prioritizing access to support and protection services, helplines and shelters for survivors States should also ensure that women, girls and people who can get pregnant can access sexual and reproductive health services, especially ones that are time-sensitive such as emergency contraception, pre-natal testing and counselling, abortion, post-abortion care and miscarriage treatment as well as the prevention and treatment of HIV and other sexually transmitted infections.

Victimization of human rights defenders

COVID-19 has increased threats to civic space and human rights defenders. Some of the emergency measures to combat the novel coronavirus have severely restricted the civic space and led to violations of human rights, including targeted attacks on human rights defenders. The rampant arrests and detention of grassroots human rights defenders across Africa including Southern Africa as well as journalists and those involved in trying to disseminate information resulted in the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa, Honourable Commissioner Rémy Ngoy Lumbu, expressing concern in a statement on 12 May 2020. For example, in Malawi human rights defenders were forced to institute what we refer to as firewall public interest litigation to stop the imposition of lockdown measures that would pose a threat of generalised harm to women vendors and informal traders and grassroots defenders including police brutality and detentions.

In Eswatini police reportedly harassed Swaziland news editor, Zweli Martin Dlamini’s wife and children for spreading “fake news,” that suggested that King Mswati III had contracted the coronavirus, insisting that the King “is well and in good health.” In Zimbabwe, President Mnangagwa has indefinitely extended the lockdown. And three young women political leaders from the Movement for Democratic Change – Alliance, Cecilia Revai Chimbiri, Netsai Marova and Joana Ruvimbo Mamombe, a Member of Parliament were abducted, tortured and sexually abused after having participated in a flash protest against rising levels of  hunger and abuse of government sourced food aid during the lockdown.  In addition, a freelance journalist, James Jemwa was temporarily detained by soldiers and police officers and forced to delete the footage he had recorded at Gwenyambira shops, Harare. The Zimbabwe police Commissioner went on to say that journalists should stay at home and be bound by national lockdown regulations, arguing that they are not providers of an essential service and claiming that only journalists from “broadcasting services” (usually government controlled) are exempted.  Opposition officials were also arrested and fined for providing food relief to the poor and hungry in Mutare notably Regai Tsunga a member of Parliamnet for Mutasa South.

In Malawi threats have been made against the chairperson of Malawi Human Rights Defenders Coalition Mr Gift Trapence before he was later involved in a serious accident. In Zambia on 9 April 2020the government controlled Independent Broadcasting Agency cancelled the broadcasting/television license of the popular Prime Television Station citing “public interest … safety, security, peace, welfare and good order” as the reason for such action. Civil society see this conduct as part of the wider government policy of systematically closing civic space ahead of the 2021 elections.

Rather than resort to intimidation, states should provide human rights defenders on the frontline of the pandemic with the necessary information, tools and protective equipment they need to carry out their human rights activities in safety.

Recommendations

While noting the enormous social, economic and other challenges presented by COVID-19, the respect for human rights is key in ensuring that responses are humane and do not negatively impact on people’s lives and livelihoods. We therefore call on States in southern Africa to:

  • Ensure that declarations of states of emergency respect international human rights law, particularly to the provisions of article 4 of the International Covenant on Civil and Political Rights, including (i) notifying the Secretary General of the United Nations of the rights derogated: (ii) ensuring institutional oversight to curb abuse of emergency powers; (iii) undertake regular reviews to assess if emergency powers are no longer required in the circumstances;
  • Ensure that only permissible limitations under international human rights law are imposed if they decide to restrict the rights and freedoms of individuals during the COVID-19 pandemic;
  • Take appropriate measures to prevent the excessive use of force by security and other personnel in the enforcement of COVID-19 measures including by ensuring that regulations establish clearly circumscribed responsibilities and tasks for law enforcement officials, avoiding overly broad discretion that may lead to arbitrary or otherwise excessive use of police powers. and that those responsible should be held accountable and sanctioned with commensurate penalties;
  • Avoid responding to the COVID-19 pandemic with increased digital surveillance, unless these measures meet strict criteria. States must ensure that any surveillance regulations adopted to curb the spread of COVID-19 contain appropriate legal safeguards to protect citizens’ rights to privacy and other rights; and that such measures should not be used to gather any information un related to the containment of COVID-19 and to crash dissent or surveil the activities of human rights defenders; Measures implemented are provided for by law and are necessary, proportionate, non-discriminatory, time-bound, and that they are implemented with transparency and adequate oversight; And that such data are not used for any other purpose, that collection is limited to the minimum possible and is securely stored and subject to mandatory, time-bound deletion;
  • Take urgent steps to de-congest places of deprivation of liberty to protect prison populations and communities from COVID-19 by taking urgent action to protect people in detention from COVID-19, including guaranteeing access to healthcare and sanitation products in all facilities and releasing prisoners of conscience and others in arbitrary detention, reviewing cases of pre-trial detention, and considering release for children, women and girls who are in detention with their dependent children or who are pregnant, and other prisoners specifically at risk, such as older prisoners or those with underlying medical conditions.
  • Urge the Government of Zimbabwe to conduct a swift, thorough and credible investigation into the abduction, torture and sexual assault of opposition Member of Parliament Joana Ruvimbo Mamombe, along with Cecilia Revai Chimbiri and Netsai Marova. We expect justice and accountability on this egregious and heinous violation of human rights.

States must ensure that women survivors continue to have access to police protection and justice as well as to shelters, helplines, community-support services, including by designating these as essential services and ensuring they receive the necessary support and resources to continue operating during the pandemic. Sufficient resources must be available to scale up services when necessary and provide information about their availability while also responding to the specific challenges and needs of certain groups of women and girls such as migrant and refugee women, minority and Indigenous women, LGBTI women, women experiencing discrimination based on work and descent, and women living in poverty.

SIGNED BY

Advancing Rights in Southern Africa (ARISA)

Southern Africa Human Rights Defenders Network (SAHRDN)

Southern Africa Litigation Centre (SALC)

Amnesty International