24 Jul 2024 | Kenya, News and features
Kenyan journalist Hanifa Adan faced harassment and attempts to censor her when she covered deadly protests and started fundraising for people injured during the unrest that have left more than 50 people dead in her country.
Budget proposals that would have resulted in the prices of basic essentials such as eggs, cooking oil, bread and nappies going up spawned countrywide weeks-long demonstrations starting in June led by the country’s Generation Z mobilising on social media. Some of the government’s tax measures that angered citizens were part of an economic programme supported by the International Monetary Fund (IMF).
In a major climbdown amidst the protests, Kenyan President William Ruto ordered significant cuts in the budget, promised to eliminate 47 state corporations with overlapping functions and reduced by 50% the number of government advisors, among many other measures. He also fired nearly all members of his cabinet, but brought back some of those he had sacked, angering protestors.
The President’s concessions failed to pacify protestors who want him to resign.
Activists blame his administration for the death of more than 50 protesters, orchestrating kidnappings, phone-tapping, disregarding court orders and violating people’s rights to assembly and expression. At one time, watchdog Netblocks said there had been an internet blackout in Kenya.
Hanifa, a journalist at Kenya media outlet Eastleigh Voice posted on X on 20 July that she was being targeted by both the government and its enemies who both had an interest in making it look as if she had been harmed by the authorities.
The reporter has been accused by government bloggers of being an economic terrorist and anarchist funded by the United States Ford Foundation. President Ruto had previously accused the foundation of destabilising Kenya but the organisation says it has a strictly non-partisan policy for all of its grant-making and did not fund or sponsor the protests.
Hanifa told Index in an interview via WhatsApp that she was no longer answering her phone because authorities were using that to track the location of targeted critics.
She said she was invited to the State House in a bid to “buy” her but when she did not turn up, the threats started, some delivered by text messages.
“The government is trying to censor me in every way possible which gets extremely exhausting but I stand relentless and fearless throughout. I have tolerated senseless propaganda and the tapping of my phone. Everyone who is in the limelight in this is being tapped, that’s how they find your location,” she said. The Nairobi-based journalist claimed that the Directorate of Criminal Investigations was abducting people and some were being tortured.
Hanifa is not the only journalist who is a victim of the government’s clampdown on freedom of expression, association and assembly. During the first month of the protests in June, the Kenya Media Sector Working Group, a coalition of key journalists and other civil society organisations including the Kenya Union of Journalists (KUJ); Kenya Editors Guild (KEG), Kenya Correspondents Association (KCA), Association of Freelance Journalists (AFJ) and the Association of Media Women in Kenya (AMWIK) released a statement saying the targeting of media practitioners by police had become an ” in-house policy” within the force. The group said targeting journalists with violence places a chilling effect on freedom of media.
Nerima Wako, the executive director of Siasa Place, an organisation which encourages young people to participate in the affairs of their country said authorities were now targeting such organisations.
She said her organisation had been sharing information on social media platforms breaking down certain elements of the constitution regarding people’s rights. To underline ongoing censorship, Nerima chose to censor herself on some aspects of the interview with Index saying answering would endanger her life. “I know surveillance is now massive. Some of my friends have been indoors for weeks, they feel unsafe. Families are worried, parents are scared,” she said.
“It takes a mental load. We are not okay all the time, especially mentally, but the spirit is still strong. We just want better for the country.” Nerima said young people in Kenya can’t continue to live in a country with rampant misuse of public resources when many don’t have access to basic needs.
She said some young people who had been reported as missing were being released by police after being held for weeks with no charge.
Nerima said many others who had engaged in protests were still missing but there were no exact numbers and people were crowd-sourcing the information.
“There’s now a database for people to insert missing people’s details,” she said.
In July, Human Rights Watch said the Kenyan government and the International Monetary Fund should work together to ensure that the implementation of the economic programme that has been blamed for some of the hardships that triggered the protests is aligned with human rights.
Human Rights Watch said the focus should be on progressive revenue generation and accountability over public funds.
The human rights watchdog said the IMF has committed $4.4 billion to Kenya, and the World Bank anticipates $12 billion in support from 2024 to 2026, yet, the programme negotiated with the IMF requires steep spending cuts and increased revenues.
It said the programme has already caused the introduction of sweeping reforms, some of which exacerbated the cost-of-living crisis.These include doubling the value-added tax on fuel without any compensatory measures and other efforts to raise revenues that contributed to financial hardship.
“The widespread outrage sparked by proposed taxes on goods like sanitary pads and cooking oil in a country where corporate tax evasion is endemic should be a wake-up call to the Kenyan government and the IMF that they cannot sacrifice rights in the name of economic recovery,” said Sarah Saadoun, senior researcher on poverty and inequality at Human Rights Watch.
The IMF was forced to respond in a statement to criticism about its role in the Kenya crisis.
The Bretton Woods institution said it was deeply concerned about the tragic events in Kenya, adding that its main goal is to help the country overcome the difficult economic challenges it faces and improve the well-being of its people.
“Kenya faces multiple challenges, including a cost-of-living crisis, climate change impacts, high poverty rates and inequality and elevated debt vulnerability,” added the IMF statement.
James WaNjeri, a Kenyan lawyer, told Index that as Kenyans face hardships, the government is uncomfortable with those who are not willing to parrot its praises.
He said the country’s constitution places people “at the centre” and the state has a duty to ensure that Kenyans have unhindered expression of rights. However, WaNjeri added, the government has been violating those rights. He said authorities had violated court orders directing police not to use teargas, live bullets and water cannons.
“Abductions and kidnappings have been carried out by police in plainclothes. illegal detentions and torture of detained Kenyans have been noted with some victims turning up dead. The government now wants to curtail the freedom of assembly and expression, with key figures being isolated for police action,” said WaNjeri.
In a speech delivered on 19 July, Ruto said Kenya’s credentials as a democratic nation have been severely tested by the protests. He said people have expressed their views on governance, development, economic management, national finances and many other aspects of national life.
“During this time, the country has engaged in a difficult public conversation, providing an opportunity to reflect on the relationship between fundamental rights and democratic freedoms, our collective aspirations for prosperity and efforts to secure opportunities for all, and the imperative to advance the security of the State,” said President Ruto.
Philip Kusia, a Kenyan governance and leadership expert, said Ruto must step down as he has mismanaged the economy, throwing millions into poverty and violating their rights.
He said people were resisting an attempt to take Kenya back to the dark era of Moism under the dictatorship of the country’s late former President Daniel Arap Moi and his KANU regime.
Moi became the country’s second president upon the death of founding leader Jomo Kenyatta in 1978. Under his 24-year autocratic rule that ended in 2002 making him the country’s longest serving president, Moi ruthlessly suppressed political opponents and his legacy was tarnished by economic stagnation and corruption.
Kusia said for wanting to take the country back to Moi’s autocratic rule, Ruto must step down.
“We have seen people who have been accused of corruption and murder cleared under extremely dubious methods and even appointed to serve in his government. The President has completely failed to manage the economy leaving millions of Kenyans in abject poverty and helplessness,” he said.
But in all this what is the endgame? Hanifa, the persecuted Eastleigh Voice journalist wrote an opinion article in her publication saying this is the question that echoes through the streets, in restaurants, and in all public spaces where the voices of the youth resonate, following the unprecedented demonstrations.
She said for years, older generations have navigated through the murky waters of Kenyan politics, often resigning themselves to the inevitabilities of corruption and inefficiency, but she points out Gen Z is no longer just an age group, but a mindset – one that refuses to accept the status quo and demands change.
She said that this movement has shown that protest is a powerful tool for change, even in the face of state resistance. Hanifa said it had also shown that persistent and unified demands for change can yield results.
Hanifa wrote: “The journey to this envisioned Kenya is fraught with challenges. The end goal is a reimagined Kenya – one that is just, equal, and thriving…The end goal is not just a dream; it is a promise of what Kenya can become.”
7 May 2024 | Europe and Central Asia, Georgia, News and features
In the south-eastern corner of Europe, in the small country of Georgia, a monumental struggle is unfolding between the government’s authoritarian ambitions and civil society’s determination to advance fundamental freedoms.
Tens of thousands have been out of the streets of the capital Tbilisi protesting the planned adoption of the Russian-style “foreign agent” law which labels NGOs and media outlets receiving more than 20% foreign funding as “organisations acting in the interest of a foreign power”. The adoption of such a law threatens the country’s vibrant civil society and dashes the dreams of Georgians who want European Union integration. If the law comes into effect, democratic norms across Eastern Europe are likely to be negatively affected, with communities of human rights defenders coming under increasing pressure from governments tempted to follow suit. All who care about freedom and democracy need to take action now and demonstrate global solidarity for Georgian civil society.
On 3 April 2024, Georgia’s ruling party, the Georgian Dream Party, announced that they were resurrecting the so-called “foreign agent” draft law, almost entirely copying the text defeated by mass protests in March 2023. The passing of such a law would give organs of the state sweeping powers to carry out extensive inspections of NGOs and media organisations and forcibly put them on a special registry. Non-compliance would result in heavy fines. The law was adopted at its second reading on 1 May 2024 against the backdrop of furious mass protests outside the Parliament. The third and final reading is scheduled for 17 May.
Contrary to the declared aims of the authorities to increase transparency within civil society, the draft is a key legal instrument straight out of the Russian authoritarian playbook. It goes without saying that such a law violates freedom of association. Over 150 civic and media organisations in Georgia have already vowed not to register, potentially resulting in many people who are victims of abuse being left without vital services and without support in their fight for justice.
The revival of restrictive legislation against NGOs is part of a larger pattern of assault against a broad range of human rights in Georgia. In recent years, civil society and international human rights bodies have raised numerous concerns about the narrowing civic space for free expression and protest. They have highlighted illegal surveillance, attempts at criminalisation of legitimate human rights work, smear campaigns and increased physical attacks particularly on the LGBT population, coupled with impunity for often violent far-right political groups. The democratic decline in the country is confirmed by international civil society rankings, with Georgia dropping staggeringly low on the World Press Freedom Index, and being assessed as becoming a “semi-consolidated authoritarian regime”.
Last month in other assaults on the rights of women and minority groups the Georgian Parliament hastily abolished mandatory gender quotas for women within political party lists and initiated constitutional amendments which threaten to outlaw LGBTQI-related expression and protest. Georgia holds parliamentary elections on 26 October 2024, and the proposed “foreign agent” law calls into question the ability of NGOs to roll out their usual large-scale election observation missions, which have traditionally played a key role in ensuring elections are free and fair.
Understandably, Georgian civil society and the public have not been sitting idly in the face of such an existential threat to democracy and civic space. One of the key victories of civil society was the success in countering the official narrative about alleged lack of foreign funding transparency. Human rights defenders and activists successfully made the wider public aware that the law was about Russian-style authoritarianism with more repression to follow, and it would totally undermine Georgia’s European integration, which enjoys a steadfast 79–83% support and is guaranteed by the Constitution. Hence the main protest slogan: “Yes to Europe, No to Russian Law”.
The shifting of narrative also worked because the Georgian public remembers the term “foreign agent” and its negative connotations which hark back to Stalinist repression. In the 1930s, a whole generation of Georgian intellectuals were executed on trumped-up charges, accused of being “spies” of various Western states.
Since parliamentary hearings on the law began in mid-April, protests have been unrelenting. They are mostly organised horizontally and led by students and young adults, dubbed as “Gen Z”. Georgia has a population of just 3.7 million, which makes the gathering of more than 100,000 people in front of the Parliament all the more extraordinary. The opposition to the law has gripped the entire society, with theatre performances across Georgia ending in declarations of protest against the law. Sportspeople, football clubs, some businesses, writers and cultural workers, teachers, start-ups, bloggers, doctors and academics have come together to condemn the government’s plans.
The law enforcement uses illegal and largely disproportionate force against mostly peaceful protesters. Tear gas, stun grenades, pepper spray and water cannons are almost a daily occurrence, with documented cases of likely illegal use of rubber bullets and beatings, judged tantamount to ill-treatment and torture. Yet, the protesters stand firm.
The anticipated descent of Georgia into the authoritarian abyss will be felt more widely across Eastern Europe, where human rights defenders face many risks due to wars or repressive regimes. Despite negative trends and proven cases of cross-border intimidation of dissidents, Georgia is still a place of temporary shelter and a relatively safe space for those who can no longer carry out civic work in their own countries, or who need a brief respite. All this is expected to vanish with the adoption of “foreign agent” law.
International condemnation of recent events has been unanimous. The European Union has made it clear that the proposed draft legislation undermines Georgia’s EU accession path. Yet, the government rhetoric remains in the eyes of many of us unhinged, brazen and threatening. The authorities seem to be set on adopting the “foreign agent” law at all costs. This would signify a U-turn regarding Georgia’s place within the international rules-based order. Moreover, what is at stake is the end of a vibrant civil society which has played a role in upholding fundamental freedoms within and beyond national borders. International organisations, civil society and like-minded states should leverage all legal means available to exert pressure on the authorities and be even more vocal in their support to the Georgian public and human rights defenders. They need to act today. Tomorrow could be too late.
8 Mar 2024 | Europe and Central Asia, News and features, Russia
“Don’t go over there,” a woman warned Yaroslav Smolev – artist and musician – as he was approaching the monument to victims of Soviet-era repression in St Petersburg. He then saw the police arresting people who, like him, came to lay flowers. One of the men had his arms twisted by the officers. This was on 16 February, the day Russian opposition leader Alexei Navalny died, and hundreds of people came to honour him at improvised memorials.
Smolev, who spoke to Index four days later, said that the police were pushing mourners away from the monument. “We found ourselves standing [at a distance], not knowing what to do or where to go from there,” he said.
But despite the brutality of the police, he recalled seeing “mountains of flowers” at the memorial.
The next day Smolev staged a solo protest in the city centre holding a sign which read “Navalny was killed because we didn’t care.” He felt that he had to speak up, remembering Alexei Navalny who “always stood up for what he believed in – in a peaceful way”.
“I knew that I wouldn’t be allowed to stand there for a long time,” Smolev said. Some people walking by gave him sympathetic looks. One woman approached him and said: “Thank you for speaking up.”
Shortly afterwards, he was taken to the police station. The officers threatened to forcibly take his fingerprints and measurements. According to Smolev, they didn’t have the right to request these. “They said: ‘If you refuse, we will put you upside down, and get all the prints we need, from the top of your head to your heels’,” he told Index.
An officer threatened to throw him in a detention cell for “disobedience”. He told Smolev: “Handsome men like you are always in high demand [among the inmates in jail].”
Smolev had to advocate for himself as all the lawyers were busy that day. He refused to give in and was released three hours later. He would have to pay a fine of about 4,000 rubles ($44) for “violation of anti-COVID measures” – for standing on a sidewalk with a sign.
Smolev said that above all he fears that his home will be targeted now, like was the case after his peaceful protests in the past.
According to Dmitri Anisimov, a spokesman for OVD-Info, an organisation monitoring repression in Russia, at least 462 Navalny mourners were detained across the country, almost half of them in St Petersburg alone. No less than 78 were jailed up to 15 days. In some cases, people were not allowed to see their lawyers. Echoing Smolev’s story, Anisimov told Index that if the detained found themselves face-to-face with the police officers, anything could happen to them. At least six people were beaten up during their detention. Anisimov said that the police also handed out draft notices to some men who came to the improvised memorials for Navalny. Later these papers turned out to be fake. It’s one of the various intimidation tactics used by the authorities, he said.
At least 15 mourners were detained days after they came to the memorials, at their homes or on public transportation. Many of them were “in a state of shock” because they were unprepared for this, Anisimov said. According to him, they had been tracked through a system of surveillance cameras. Some of the people Index was going to speak to got scared off after these “delayed detentions”.
During the days following Navalny’s death, dozens of volunteers provided support for those detained and given jail time. Ekaterina, a 28-year-old democracy activist, was one of them.
Talking to Index from St Petersburg, she said that many people were placed in remote detention centres. She brought food for the detained: “Some bread, sausages, cheese, a little bit of sweets and water.”
She has been doing this volunteer work for two years, since she was detained during the anti-war protests which followed the full-scale invasion of Ukraine. She told Index that people awaiting trial in detention centres are not fed properly – if at all – and are not always able to access tap water.
For Ekaterina, even though it may seem that with Navalny now gone all hope is lost, people “must continue searching for hope within each other”. “We need to help people who are still alive,” she added. “People such as political prisoners.”
When Navalny died on 16 February, she came to an impromptu memorial in St. Petersburg. There were no police around at that moment. “People came and came,” she recalled and she “got a chance to stand there and cry.”
The same day, a woman in Rostov-on-Don, around 1,800 km south of St Petersburg, also came to leave flowers in memory of Navalny at the monument to the victims of political repressions.
“There were so many police officers,” she said speaking to Index anonymously. The buses for the detained were parked next to the memorial and the police were filming people who brought bouquets. “I realised that nothing good would come out of it for me,” she said. “Call me a coward, but I decided to turn around and leave.”
Two days later the woman found out that the apartment where she is officially registered – but doesn’t live – was targeted. A police officer came to give her “some kind of warning”. She suspects that the authorities might have identified her by the car license plate while she was at the memorial – and now they are looking for her.
One of her friends, whom she had warned about the risks, came to the memorial for Navalny later that day. He was ordered by the police to write a letter of explanation stating reasons for his presence at the site.
“There are no mass killings by the authorities, nor people being hanged – but it feels that way,” the woman said. “We are so frightened that we don’t dare utter a single word, and I was too scared to even lay flowers!,” she added, outraged.
Despite this “climate of terror and fear”, as she called it, she empathised that there were many people at the memorial, who felt that it was their duty to honor Navalny.
“I think that Navalny was right when he said in a documentary about him that [if the authorities decide to kill him it means that] we’re incredibly strong,” Ekaterina, the democracy activist, told Index.
In the film his main message to the Russian people was “not to give up”.
