EA 2012 Review: There`s progress, but violence and impunity remain

BY EAST AFRICAN NEWS AGENCY

13th January 2013

Tanzania is the only member of the East African Community (EAC) to have made a declaration that allows its citizens and non-governmental organizations to report cases to the African Court for Human and People’s Rights (ACHPR).

Rwanda, Uganda, Kenya and Burundi have only ratified the protocol but are yet to make a declaration allowing individuals and non-governmental organizations to report cases to the court.

"If we do not want to allow individuals and NGOs to access the court after exhausting domestic remedies, why then did we establish the court in the first place," asked Tanzania’s Minister for Constitutional and Legal Affairs Mathias Chikawe at a retreat of court members and a committee of permanent representatives of the African Union held at in Arusha.

The reported decision by several Tanzanian schools to force HIV-positive pupils to wear red ribbons in class however prompted Amnesty International to caution against stigmatization of those suffering from the disease.

In October, the Tanzania Commission for Human Rights and Good Governance also asked authorities to address human rights violations in Zanzibar following the abduction of a Muslim cleric and subsequent violence.

Generally, the human rights situation in East Africa has seen great improvement over the past few years, but concerns remain. In Kenya, the passing of a new constitution in 2010 has concretized recent gains in opening up democratic space.

The country’s new chief justice, Dr Willy Mutunga, has been credited for efforts to improve the administration of justice through judicial reforms. The recent appointment of the country’s first Inspector-General of Police, David Kimaiyo, is part of police reforms to ensure the impartiality of the force before the March 4, 2013 general elections.

Grand corruption and a culture of impunity have however continued to hamper Kenya’s efforts. Incidents of domestic violence have increased. Disrespect of court rulings, especially by the government, has eroded respect for the judiciary and undermined the rule of law.

Constitutional protections of people and property have been violated with impunity, especially by the armed services in maintaining law and order. In Garissa, for instance, the army was accused of violently descending on the civilian population in reaction to the gunning down of three soldiers by suspected Al Shabaab sympathizers.

Impunity for those responsible for Burundi’s political violence in 2010 and 2011 remains a serious problem, Human Rights Watch reported at a conference in Geneva in October.

Political violence diminished in 2012, but in the vast majority of cases, the people responsible for the violence have not been brought to justice. A commission of inquiry set up by the prosecutor general in June resulted in a small number of arrests, but much more remains to be done.

While Burundi has a vibrant civil society and independent media, civil society organizations and journalists are often threatened and intimidated by government and intelligence officials, the report said.

On Uganda, Human Rights Watch said that the country’s security forces regularly use lethal force, especially during political demonstrations. Opposition politicians, their supporters, and some journalists face harassment, beatings, and arrest.

The Ugandan military, despite efforts by key donor countries to “professionalize” them, has yet to address the severe due process violations in military courts – especially the prosecution of civilians, who should be tried in civilian courts. Torture in detention is endemic, with torturers rarely brought to justice. Access to healthcare and education remains a serious problem.

SOURCE: GUARDIAN ON SUNDAY