16 Aug 2024 | Africa, News, South Africa, Zimbabwe
Zimbabwe is in the throes of a deepening human rights crisis ahead of hosting a Southern Africa Development Community (SADC) summit on Saturday when its leader Emmerson Mnangagwa, who has deployed army tanks in townships and launched a major crackdown against dissenting voices, will assume the bloc’s chairmanship.
The escalating harassment of pro-democracy campaigners, human rights defenders, political activists, student leaders and ordinary residents, some of whom have severely been tortured, came with dire warnings.
There is evidence that the state repression was planned at the highest levels within the country’s corridors of power as speeches by key figures sparked off a chain of frightening events.
On 27 June, while addressing his ruling party’s Central Committee, Mnangagwa said “rogue elements” bent on peddling falsehoods and instigating acts of civil disorder before, during and after important meetings would be dealt with “decisively.”
On 31 July, George Charamba, Mnangagwa’s spokesperson told the state run media there was a foreign hand in efforts to destabilise the country, and ominously warned that locals involved would be taught “a lesson.”
“It would appear they haven’t learnt their lessons,” Charamba said. “They should know that the Government is not just willing but is capable of delivering to them a lesson that is handsomely appropriate,”.
It’s the same message that the presidential spokesperson sent out while serving in the same capacity on behalf of former boss Robert Mugabe who was deposed by Mnangagwa in a coup in November 2017.
Following Mnangagwa’s takeover, there was cautious optimism in some circles that Zimbabwe would turn a corner after 37 years of dictatorship, but Zimbabweans found they were in for more of the same: official corruption, state sponsored violence, widespread poverty, unemployment, economic ruin and general decadence in the country’s cities and towns.
Mnangagwa’s recent threats were followed by horrific repression on the ground enforced by terror. Human rights organisations report 165 people have so far been caught up in the campaign to suppress freedom of expression and assembly.
Some of those punished in Mnangagwa’s latest crusade include 25-year-old Namatai Kwekweza, a human rights activist, and three others Robson Chere, the Secretary-General of Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), Samuel Gwenzi, the director of the Zimbabwe Human Rights Monitors Platform and Vusumuzi Moyo,an artist and sound engineer who were forcibly removed from a plane at Robert Mugabe International Airport by State agents on 31 July.
They were detained incommunicado for several hours and subjected to torture and later taken to court. The African Initiative of Women Human Rights Defenders which monitored the case of Namatai, who last year won the inaugural Kofi Annan NextGen Democracy Prize said “the torture inflicted upon her is beyond comprehension: being hit with open hands, clenched fists, wooden planks, and iron bars.”
Other human rights lawyers said Chere suffered extensive injuries that put him at risk of kidney failure and death. The Zimbabwean Lawyers for Human Rights has since said prison officials blocked his medical practitioner of choice from attending to him on 10 August.
The latest crackdown by Mnangagwa’s regime has not gone unnoticed. On 14 August, the United Nations Human Rights Office said it was concerned by reports of arrests, harassment and intimidation of human rights defenders and political activists in the lead up to the summit.
There are now diplomatic efforts to push Mnangagwa to stop the persecution. The Southern Africa Human Rights Defenders Network has been writing to leaders of countries that will attend the SADC summit voicing concerns.
In one letter dispatched to South Africa’s International Relations and Cooperation Minister, the Southern Defenders chairperson, Professor Adriano Nuvunga detailed the repression. He said one person was charged with “public violence” for participating in an anti-government protest five years ago.
Nuvunga said the latest crackdown began on 16 June targeting 78 members of the Citizens for Coalition Change including the party’s interim leader Jameson Timba who were celebrating the International Day of the African Child at a private residence.
He added that that during the arrests, police used baton sticks and fired teargas at the group, resulting in injuries; including an extensive injury to one member which required surgery.
The activists are still locked up. In an interview with Index, Human Rights Lawyer Alec Muchadehama said charges like acting with disorderly conduct in a public place – for which activists like Namatai were tortured – are minor offences that would normally carry at worst a $200 fine.
He added that most of the alleged crimes fall into the category of what are known as miscellaneous offences, such as spitting on someone. For other offences such as accusations of illegal gatherings, police must just disperse gatherings, not cordon off the area and make dragnet arrests. He went on to say that as police know that the arrests are unlawful, hence come up with flimsy charges such as disorderly conduct, criminal nuisance and participating in an illegal gathering to sanitise them.
The human rights lawyer said the first bastion of defence when police act in such an illegal manner is for prosecutors not to take such matters to court.
“One of the greatest disappointments of our time is that prosecutors now take such matters to court as a matter of routine,” said Muchadehama.
Then there are courts who deny people freedom when the alleged minor offences come before them.
“Most of the judgments that have been handed down, I have respectfully disagreed with such judgments,” added Muchadehama.
In an X Space on Zimbabwe’s Human Rights Crisis and the SADC Summit organised by the Resistance Bureau on Wednesday, a former student leader Nancy Njenje who was constantly harassed by state agents and was once arrested and placed in crowded cells where she caught Covid-19 in 2021, said Zimbabwe’s courts have been captured by the ruling regime.
In one recent case, opposition leader Job Sikhala spent more than 500 days in pre-trial detention while facing trumped up charges of incitement to commit violence, disorderly conduct and obstruction of justice charges, with the courts denying him bail.
Njenge said the unfortunate thing about the crisis unfolding in Zimbabwe is that there is no coordinated effort to fight the status quo.
“Zimbabwe is under an institutional capture, we are not just fighting Zanu-PF to go, we are fighting all the institutions that Zanu-PF has captured. We are fighting the police, we are fighting the courts,” Njenge said.
She said people must not leave their struggles in the hands of the opposition but must use protests to express themselves.
In an interview with Index, Tawanda Muchehiwa, who is now living in the UK after fleeing Zimbabwe where he was abducted by state agents and tortured, said Mnangagwa has not changed his bad habits, despite his pretensions. He said Mnangagwa’s regime was desperately trying to prevent the emergence of fresh ideas and progressive thinking.
Unlike others who are languishing in jail after being tortured, Muchehiwa was lucky to get a scholarship to study at the University of Leicester where he graduated with a Bachelor of Law (LLB) last month.
“I was blessed to have good people around me who offered their kindness and support during this challenging time. Their assistance was invaluable in helping me reorganise my life after the brutal ordeal I had endured, allowing me to focus on my studies and healing,” he said.
As Mnangagwa looks for other people to lock up, he is at the same time preparing to roll out the red carpet for SADC leaders for the Saturday meeting.
Calls for the summit to be moved to another venue have been ignored.
One of the parties in South Africa’s governing alliance, the Democratic Alliance said South Africa, as a leading member of the region, must advocate for the summit to be moved to a location that upholds and respects democratic values.
“By abusing state machinery to violate the rights of Zimbabweans, the unrepentant ZANU-PF regime has demonstrated that it is prepared to go to any lengths to violate the law in order to entrench its authoritarian rule. South Africa, and by extension the SADC, have an obligation to hold the Zimbabwean government to account,” the DA said.
“Allowing the summit to proceed under the current circumstances will not only endorse ZANU-PF’s flagrant abuse of international law, but further undermine the principles upon which SADC was established. “South African opposition leader Musi Maimane went on to describe Mnangagwa as an “evil dictator.”
4 Apr 2024 | News, Uganda, Volume 52.02 Summer 2023
Despite a petition from a group of activists and legal experts, Uganda’s Constitutional Court recently made the decision to uphold the Anti-Homosexuality Act, one of the most oppressive anti-LGBTQ+ laws in the world. A few parts of the Act were struck out, including the “duty to report acts of homosexuality”, and the restrictions on publishing “material promoting or encouraging homosexuality”, but the rest remains strong. In our summer 2023 magazine, just as the Act was passing, Danson Kahyana and Stella Nyanzi discussed the implications for free speech, and what the petition from activists would mean for President Yoweri Museveni’s balancing act where this law was concerned.
To a chorus of outrage at the end of May 2023, Uganda’s President Yoweri Museveni signed the Anti-Homosexual Bill into law, which can apply the death penalty.
When Museveni returned the bill to parliament for “strengthening” soon after it had been passed in March, it was clear that the old fox who has ruled Uganda since 1986 with an iron hand and “pretensions to the trapping of democracy” – as political scientist Aili Mari Tripp calls it – was in a fix.
On the one hand, his populist self loves the passion that the framing of homosexuality as a Western import and a corrupter of African morality arouses, so signing the bill into law gives him a new lease of political life.
Styling himself as the champion of African values, Museveni believes norms and morals can easily translate into political support at the next presidential and parliamentary elections in 2026, given the influential groups in support of the bill (the Muslim fraternity, some Christian denominations and traditionalists). This support is priceless, considering the populace’s increasing anger at his regime, which has received unflattering labels including an “empty autocracy” (Yusuf Serunkuma) and “vampire state” (Allan Tacca).
On the other hand, the regime survives partly (if not mostly) because of the economic and political support it receives from Western governments such as those in the USA, Canada and some in the European Union.
These “partners” have, over the decades, closed one eye to his political excesses (rigging elections and brutalising members of opposition political parties, for example) and bankrolled him in different ways – the most obvious ones being budget support and providing large sums of money to enable Uganda’s participation in continental and regional missions. Signing the bill into law could spell doom for his hold on power, since these Western governments have warned of political and economic consequences, which the USA has already made good on by revoking the visa of Anita Among, Uganda’s speaker of parliament.
This is the tightrope he had to walk – but not for the first time. He did the same in 2014 when he signed the 2013 Anti-Homosexuality Bill into law. That time, what saved him from serious reprisals from the West was the Uganda Constitutional Court which, later that year, quashed the law on technical grounds. (It had been passed in parliament without the required quorum, thereby rendering it null and void). His saving grace now could be a petition from 11 activists, including lecturers, journalists and an MP, to block the implementation of the law.
Before May’s developments, I asked Dr Stella Nyanzi, Uganda’s leading and celebrated researcher on sexualities, what was new with this 2023 bill compared with the bill of 2013, and she said that as far as she was concerned there was nothing substantially new.
Both bills were enacted in the spirit of criminalising sexualities that were considered alien and wayward in order to protect so-called African values – a claim that is absurd given that it is colonial in origin.
“Before colonialism,” Nyanzi told Index, “Africa embraced different sexualities like polygyny, polygamy and polyandry, to mention but a few. The view that Africa has always had one form of sexuality is ahistorical and a figment of the imagination.”
There is something new, however.
“While the 2013 Anti-Homosexuality Bill was proposed by a Pentecostal Christian with very strong support from the US Evangelical churches, this time round the proposer of the bill is a Muslim man, with a strong backing of the Islamic faith in Uganda,” she said. “He is a Member of Parliament who belongs to an opposition political party, unlike the proposer of the 2013 bill who belonged (and still belongs) to the ruling party.”
Besides the pretensions to African morality that motivated this act, there is a more serious threat at stake – the government’s desire to have total control over the bodies of its citizens.
Nyanzi said: “For this reason, the bill should be seen in the context of other repressive laws that the Museveni regime has passed – for instance, the Public Order Management Act (2013), the Computer Misuse Act (2011), the Anti-Pornography Act (2014), the Non-Governmental Organisations Act (2016) and the Computer Misuse (Amendment) Act (2022), among others.
“The Anti-Homosexuality Bill should be seen in the spirit of all the above laws – criminalising dissent, even in sexual matters.”
Even before it was signed into law, the bill sent tremors through Uganda.
Some people fled the country, as evidenced by what is happening at welcome centres in Kenya and South Africa, to mention just two countries.
“[It] will have far-reaching effects,” Nyanzi warned.
“It will be criminal, for instance, to offer certain kinds of sex education, provide certain kinds of medical services, report certain kinds of news, write certain kinds of scholarly work or works of fiction, produce certain kinds of movies, make certain kinds of speeches, and to rent your premises to – or even employ – certain kinds of people, because you could be accused of promoting homosexuality, and therefore contravening Section 14 of the bill.”
This means that the law will not only stifle the lives and work of the people who identify as homosexual but also affect the lives and work of all Ugandans.
Even the very people who pushed for the legislation will not be safe. A religious leader could, for instance, be dragged to court for having someone who identifies as homosexual enter his or her church or mosque for prayers or for a service.
After the bill passed in parliament, Museveni found himself in a dilemma. If he did not sign it into law he would have risked alienating the pretentious, self-righteous, politically powerful Christian, Muslim and other morality crusaders who were pushing for the legislation.
And by passing it, he could at last be losing the support of his beloved Western partners who have stuck with him even as he brutalised Ugandans who do not toe his line.
And in the time before the bill became law, he might have been facing another challenge in the background.
“The people at the helm of Uganda’s parliament – [speaker] Anita Annet Among and her deputy, Thomas Tayeebwa – might want to assert their independence from the executive arm of government in a move aimed to show how powerful they are. So, while President Museveni is known to control what happens in parliament because his party has an overwhelming majority there, this time round he might find it hard to have his way to the letter.”
But this being the skilled manipulator that he is, I believe that we should not underestimate him: he could still have his cake and eat it.
How? He signed it into law and waited for others to petition the Constitutional Court, as has been done by the group of 11 activists, so that the judiciary pronounces itself on the constitutionality of the new law. If the court upholds it, he will say he has nothing to do because his regime is law-abiding.
However, if the court annuls it in its entirety (as it did in 2014) or some sections of it, the West will be satisfied, to a certain degree, that Uganda’s courts have a modicum of independence.
Museveni will be in his usual element. He will have survived yet another dilemma.
29 Jan 2024 | Israel, Middle East and North Africa, News, Palestine
When Turkish football team Antalyaspor faced Trabzonspor in a Super Lig match earlier this month, few could have predicted the fall-out that would follow off the pitch. Israeli winger Sagiv Jehezkel scored the equaliser for Antalyaspor in the second half, and in celebration he revealed a message written on his wristband that said: “100 days, 7-10”. The words referenced the length of time that Israeli hostages had been held by Hamas since the group launched an attack on Israel on the 7 October, killing an estimated 1,200 people.
In Turkey, the backlash was fierce. Jehezkel was arrested and detained in Antalya on the charge of “incitement to hate”. After being released, he was sacked by Antalyaspor and returned home to Israel, landing in Tel Aviv the next day.
According to local media, Jehezkel has stated that he did not mean to provoke such a storm. He said: “I am not a pro-war person. I want the war to end. That’s why I showed the sign.” Antalyaspor did not respond to multiple requests for comment.
He is not the only footballer to lose his club for voicing an opinion on the conflict. When Israel began their retaliatory bombardment of Gaza, which has so far reportedly killed more than 26,000 people, Dutch international Anwar El Ghazi posted a message of support for Palestine on his Instagram story. After a back and forth with his club – German side FSV Mainz 05 – El Ghazi made a further statement on social media announcing that he had no regrets over the now-deleted post and reiterating his argument that he stands “for humanity and the oppressed” and against “the killing of all innocent civilians in Palestine and Israel”. Mainz were unhappy with El Ghazi’s stance, calling his position on the conflict “unacceptable”. A few days later, his contract was terminated.
Upon losing his club, El Ghazi posted once more. “Stand for what is right, even if it means standing alone. The loss of my livelihood is nothing when compared to the hell being unleashed on the innocent and vulnerable in Gaza,” he said.
The player is now suing Mainz for wrongful termination of his contract, while the club is making a counter claim as they seek financial compensation to help fund his replacement. The final hearing is set to be held in June.
Mainz told Index they were unable to comment on the incident as legal proceedings are ongoing.
These two cases sum up the uncomfortable relationship sport has with politics and free speech, and how this has been exacerbated by the Israel-Gaza war. Due to the divisive nature of the conflict, sporting bodies are struggling to navigate the line between freedom of expression and the potential to incite hatred and in doing so have fallen into a worrying trend of censorship.
The reluctance or inability of those involved to comment on the incidents may also show the difficulties people have when talking about this topic, as they can’t, or won’t, speak up due to the potential backlash and further repercussions. This is fairly unsurprising given the experiences of those who have expressed an opinion on the conflict. In another case, footballer Karim Benzema was accused of having “notorious” links to Islamist group the Muslim Brotherhood by France’s Interior Minister, Gerald Darmanin. His crime? Posting a message of support for the inhabitants of Gaza on X (formerly Twitter). Benzema has filed for defamation against Darmanin; his lawyer Hugues Vigier told French news outlet RTL that the claims were “false” and accused the Interior Minister of “sowing division in France”.
It is not just players who are facing the threat of censorship. Many of football’s national governing bodies, including England’s Premier League and EFL, have also banned supporters from displaying Palestine or Israel flags during games. As a result, there have been a number of accusations levelled at English clubs such as Liverpool and Manchester United of censoring fans who display any show of support for the Palestinian cause by removing them from stadiums.
Other sports have also been caught up in the censorship storm. Former athlete Emilie Gomis, who clinched a silver medal in basketball for France at the London 2012 Olympics, recently stepped down from her role as an ambassador for the Paris 2024 Games after posting an anti-Israel video to her Instagram story. Elsewhere, in South Africa, cricketer David Teeger was stripped of his captaincy of the country’s under-19s side after dedicating an award he won at a Jewish community event to “the state of Israel and every single soldier fighting so that we can live and thrive in the diaspora”, in a decision described as a “sinister” and “discriminatory” by the South African Jewish Board of Deputies.
Another cricketer, Australia’s Usman Khawaja, was charged by the International Cricket Council (ICC) for wearing a black armband during a test match against Pakistan in support of those in Gaza. ICC regulations do not allow players to display “messages of political, religious or racial causes”, and the player had previously been warned by the governing body after wearing shoes with the messages “all lives are equal” and “freedom is a human right” written on them. Khawaja argues that it is not a political statement but a “humanitarian appeal”.
Further debate over the right to free expression in regard to the conflict is inevitable with the growing calls to ban Israel from competing in sporting events. One post on X by The Palestinian Campaign for the Academic and Cultural Boycott of Israel called for “pressure” to be put on sporting bodies to ban Israel from international tournaments and games “until Israel ends its grave violations of international law”. The statement was reposted by the BBC’s Gary Lineker, who later deleted it.
Despite cries to keep politics out of sport, it is not possible to separate the two. Sport does not exist in an apolitical vacuum, and is impacted even on the front lines; the Palestinian Football Association says 88 top-tier athletes have been killed by Israeli forces during their military bombardment, 67 of whom are footballers. Just this month it was reported that the coach of Palestine’s Olympic football team Hani Al-Masdar was killed in an Israeli airstrike.
The attempts by governing bodies in sport to prevent athletes and fans from expressing a view on the conflict, while not necessarily malicious, pose a serious risk to free speech. While the cases of Sagiv Jehezkel and Anwar El Ghazi are extreme, they are the product of sport’s increasingly heavy-handed approach to political censorship, which makes having an opinion on the war in Gaza increasingly difficult. For people to feel unable to wade into the issue in fear of backlash is cause for concern in itself. Despite a long history of athletes being involved in political activism, sport still hasn’t found a way to ensure free expression for all is upheld.
26 Jan 2024 | News, Opinion, Ruth's blog
We like to think of a world where each generation will be healthier, wealthier and safer than the last. There are undoubtedly periods in our global history where this happens. The fall of the Iron Curtain in the late 1980s saw generations of people in Eastern Europe stepping into the light and gaining independence of thought once more. The end of apartheid in South Africa brought with it hope for a better tomorrow: one based on equality and respect. We desperately wished that the moving aside of the military junta in Myanmar for Aung San Suu Kyi would herald a new beginning for the Burmese.
Authoritarians around the world were seemingly evaporating in the latter half of the 20th century, ousted by peaceful movements and a citizenry hungry for statehood without division, pain and hurt. I passionately believe that the arc of history does bend towards justice, but as we are reminded all too often the route it travels isn’t linear.
Humanity has the power to do extraordinary things. Over the centuries freedom of expression has unlocked the shackles holding individuals back from creating art, literature and scientific discoveries. But we must never forget that despots are people too. They are not other, they are not aliens who have arrived from another planet. They are us. They are people who make appalling decisions and whose world view is so very different from our own. Their actions confirm every day that our humanity also includes the destructive elements to bring with it sorrow, suffering and hardship.
The 21st century started with a genuine hope that the concept of vibrant democracy was winning around the world, but it wasn’t long before the disease of dictatorship infected parts of the globe once more. Tyrants thrive on division and hate. Finding a minority to blame, persecute and banish is the only way authoritarians can maintain their grasp on power. The playbook they use is always the same: capture a perceived grievance based upon reported failures of a democratic government; find a scapegoat to inculpate; convince the population that a simple solution is on offer and that the despot is the only one to implement it.
79 years after the end of World War Two our democratic dividend was meant to ensure that this cycle of hate and division was broken once and for all. The Holocaust had shown us the horrors this politics can lead to.
But nearly eight decades later whilst we may have hoped that history would never be repeated, recent history has shown us our own naïveté.
The ‘fragility of freedom’ has become the watchword of this century and is the theme of this weekend’s International Holocaust Memorial Day, a day which reminds us that horrors we believed were behind us are not only haunting our collective memory, but are still happening to this day.
Children abducted from parents. Religious minorities murdered for their faith. Women banned from an education. LGBT+ people sterilised. Journalists disappeared for reporting the truth. Writers attacked on stage. The list of atrocities happening around the world goes on. And demonstrates daily how fragile the freedoms we take for granted really are.
Every genocide which has taken place started with restrictions of freedom. It is why Index on Censorship gives a megaphone to dissidents. We do all we can to strengthen freedom of expression. Our contribution in the effort to fight for the democratic values we hold so dear.
Our work takes us to every corner of the world and we do this because we know that free and open societies don’t happen in a vacuum. They require nurturing in a connected planet.
Saying ‘never again’ is one thing. Acting is another. We must never take our freedom for granted. The world must be united with one voice in standing up for religious freedom, freedom of self-identity and freedom of expression. If we can do that the best of humanity will outshine our darkness and ensure future generations inherit the hope that delivers a secure future.
So I hope you’ll join me in lighting a candle this Saturday evening as we try and find a little light in a world that can feel like the darkness is winning.
