Schlagwort: Amnesty International

Responding to the sentencing of six Egyptians, including politicians Zyad el-Elaimy, Hossam Moanis and Hisham Fouad, to between three and five years in prison following an unfair trial by an emergency court simply for criticizing Egypt’s human rights record, economic policy and living standards, Philip Luther, Amnesty International’s Middle East and North Africa Research and Advocacy Director, said:

“It is deeply hypocritical for the Egyptian authorities to punish these opposition politicians shortly after announcing a new human rights strategy. Zyad el-Elaimy, Hossam Moanis and Hisham Fouad have been detained for over two years without trial simply because they sought to form a parliamentary coalition to run in the 2020 elections. All involved in the ‘Hope Coalition’ were subjected to a litany of human rights violations, including arbitrary arrest and detention, enforced disappearance, torture and intimidation.

“Despite ending the state of emergency, the Egyptian authorities continue to use emergency courts to silence those who peacefully criticize Egypt’s abysmal human rights record. These politicians and activists should never have been arrested in the first place and yet they have been convicted and sentenced to prison on charges related to their legitimate criticism of the Egyptian authorities.

“President Al-Sisi must quash the sentences and immediately and unconditionally release all those detained purely for exercising their right to freedom of expression. The authorities must also cease sham trials by emergency courts which fail to respect international fair trial standards, including the right to appeal.”

Background

A Cairo Misdemeanors State Security Emergency Court today sentenced Zyad el-Elaimy to five years in prison, Hossam Moanis and Hisham Fouad to four years and three others to three years and fined them 500 Egyptian pounds (32 USD) each for sharing social media posts and other content critical of Egypt’s human rights record and economic policy. They were convicted of “spreading false news to undermine national security”.

Zyad el-Elaimy, one of the leaders of the Egyptian Social Democratic Party, won a seat in the 2012 parliament, formed after the 2011 uprising in which he was a leading activist. Hossam Moanis is a journalist and spokesperson for the leftist Popular Current Party, while Hisham Fouad is a trade unionist, journalist and socialist politician. Security forces arrested all three of them in June 2019, shortly after they met to discuss how to run in the 2020 elections, and detained them without trial for over two years.  

In July 2021, Zyad el-Elaimy, Hossam Moanis and Hisham Fouad were referred to trial before an Emergency State Security Court (ESSC) in a separate case over bogus charges stemming from their peaceful political activities, including their plans to form a secular opposition coalition ahead of parliamentary elections in 2020.

On 25 October 2021, President Abdel Fattah Al-Sisi announced he would not extend Egypt’s state of emergency, in force since April 2017, which allowed for the creation of ESSCs. The emergency courts are notorious for denying defendants the right to appeal.

Article 19 of the law governing the state of emergency stipulates that ongoing trials are to continue even after the state of emergency is no longer in force. The president, however, retains the power to authorize, quash or commute sentences or to order a retrial.

The post Egypt: Quash sentences against opposition politicians appeared first on Amnesty International.

. Endemic rape under-reported due to stigma, victim blaming 

. Police failure to investigate sexual violence deprives survivors of justice  

. 11,200 rape cases reported last year, including children raped to death 

Despite the Nigerian authorities’ declaration of a “state of emergency” on sexual and gender-based violence, rape persists at crisis levels with most survivors denied justice, rapists avoiding prosecution, and hundreds of cases of rape going unreported due to pervasive corruption, stigma and victim blaming, Amnesty International said in a report published today.  

The report,Nigeria: A Harrowing Journey; Access To Justice for Women and Girls Survivors of Rape covers harrowing cases of sexual violence against women and girls, including a six-year-old and an 11-year-old who were attacked so viciously they died. The report reveals how harmful cultural stereotypes, failures of law enforcement to investigate rape cases, toxic misogyny and insufficient support for survivors, have created a culture of silence and impunity which continues to fail hundreds of women and girls every year. 

Concrete actions have not been taken to tackle the rape crisis in Nigeria with the seriousness it deserves. Women and girls continue to be failed by a system that makes it increasingly difficult for survivors to get justice, while allowing perpetrators to get away with gross human rights violations.

Osai Ojigho, Director of Amnesty International Nigeria

“The fear of not being believed, or even being blamed for being raped, is creating a dangerous culture of silence that prevents survivors from seeking justice. It is unacceptable that survivors of rape and other forms of gender-based violence face such a torturous ordeal to get justice, which only adds to their pain. The ‘state of emergency’ has proven to be an empty declaration, which has so far done nothing to protect women and girls in Nigeria.”  

The report is based on research carried out between March 2020 and August 2021, including interviews with 14 women and girl survivors of rape aged between 12 and 42. Amnesty International researchers also interviewed seven parents of child survivors. Interviews were conducted in Abuja, Lagos, Kano, Sokoto and Bauchi states.  

Pandemic of rape 

Rape continues to be one of the most prevalent human rights violations in Nigeria. 

Following the lockdown imposed to tackle the spread of Covid-19 in 2020, there was an upsurge in cases of rape. In June 2020, Nigerian police said they had recorded 717 incidents of rape between January and May last year. In April 2020, Nigeria’s Minister of Women Affairs Pauline Tallen said at least 3,600 cases of rape were recorded during the lockdown, while the National Human Rights Commission (NHRC) received 11,200 reported cases of rape over the whole of 2020. 

As reports of rape escalated across Nigeria, state governors declared a “state of emergency” on rape and gender-based violence in June 2020. They also promised to set up a sex offenders register. But over a year since their declaration, nothing has changed, as more cases of rape have been reported.  

One victim, Vera Uwaila Omosuwa, a 22-year-old microbiology student, was raped and brutally assaulted in 2020 in a church near her home in Benin, Edo state, and died a couple of days later from her injuries. Hamira, a five-year-old, was drugged and raped by her neighbour in April 2020. Her injuries were so bad she could no longer control her bladder.  

Barakat Bello, an 18-year-old student, was raped during a robbery in her home in Ibadan, Oyo state. She was butchered with machetes by her rapists and died on 1 June 2020. Favour Okechukwu, an 11-year-old girl, was gang-raped to death in Ejigbo, Lagos state. A 70-year-old woman was raped in Ogun state. In May 2021, a six-year-old girl was raped to death in Kaduna state. 

“The Covid-19 pandemic only exposed what has been going on for so long. Not only are women and girls being raped in Nigeria, but when they are brave enough to come forward they are being dismissed by police officers as liars and attention-seekers – slurs which inflict further injury,” said Osai Ojigho. 

Outdated laws and law enforcement failures 

Despite Nigeria’s international human rights obligation to enact, implement and monitor legislations addressing all forms of violence against women, women and girls continue to face discrimination in law and practice. 

The definition of rape under the Criminal Code, which is applicable in the southern part of Nigeria, and the Penal Code, which is applicable in northern Nigeria, are both outdated. The Violence Against Persons Prohibition Act expanded the scope and definition of rape but was silent on consent.  

“Notwithstanding expanding the legal scope of the definition of rape the Violence Against Persons Prohibition Act and other laws have limited jurisdiction. Even in states where the Act and other laws have been domesticated, there has been no enforcement or implementation,” said Osai Ojigho. 

Survivors and NGOs interviewed for this research said stigma and victim-blaming are key factors hindering the reporting of rape. Survivors shared distressing experiences of both, and told Amnesty International that they did not report due to fear of being disbelieved and blamed. Children, who are increasingly becoming targets of sexual violence, face particular challenges in reporting these crimes because of a lack of reporting process that is child-friendly. 

Some survivors said they were discouraged from seeking justice because of the toxic attitude of police officers towards gender-based violence, which manifested in humiliating lines of questioning and victim-blaming. In addition, decrepit police stations often lack the space for privacy that survivors need to make their statements. 

Onyinye, a 14-year-old, was raped by her neighbour when she was sent by her mother to help fix his phone. When Onyineye and her mother went to the police station to report the crime, not only did a female police officer slap the girl and pull her ear, Onyinye’s mother was also scolded for not giving her daughter a ‘good upbringing’.  

Activists and lawyers have decried the poor quality of police investigations into rape cases. In some cases, perpetrators bribe the police not to investigate their crimes. The police have also advised survivors and perpetrators to settle cases outside the scope of the criminal justice system, which only perpetuates violations of women’s human rights and impunity for rape.  

Time to act is now 

Amnesty International is calling on Nigerian authorities to act now to protect women and girls from rampant sexual violence. All reported cases of rape must be thoroughly, promptly, and impartially investigated and perpetrators must be prosecuted, and if convicted, sentenced with appropriate penalties. Existing discriminatory laws must be repealed and followed up with a concrete implementation and enforcement framework.  

Nigerian police must provide all necessary support to survivors and act in line with their code of conduct, by providing safe process of seeking justice for survivors to report rape and other gender-based violence and get justice.  

Courts must ensure that cases of sexual violence are fairly and promptly prosecuted. Any backlog in rape cases that may create unacceptable barriers for rape survivors’ access to justice must be addressed. 

Nigeria must protect women and girls by ensuring that perpetrators of rape face justice and survivors get protection and psychosocial and medical support. The tide of sexual impunity against women and girls must be turned now.

Osai Ojigho

BACKGROUND 

Amnesty International’s researchers interviewed 14 women and girls survivors of rape between the ages of 12 to 42 years. Researchers also interviewed 7 parents of survivors who are children. Interviews were conducted in person, as well as through phone and video calls.  

The post Nigeria: Failure to tackle rape crisis emboldens perpetrators and silences survivors appeared first on Amnesty International.

Ahead of the upcoming general elections in Honduras, Amnesty International sent today an open letter to the candidates for the presidential candidates, in which it shares seven points necessary to build a more just and human rights-based country.

“The Honduran population has faced a serious regression in the respect and guarantee of their human rights in recent years, which in many cases has led people to flee the country. The change of government could be a unique opportunity to reverse this situation by addressing the structural causes of violence, inequality and discrimination,” said Erika Guevara-Rosas, Americas director at Amnesty International.

“The Covid-19 pandemic has highlighted the fragility of the Honduran government in protecting the economic and social rights of people. The next Honduran presidency must take advantage of this opportunity to build a more just and rights-based future.”

The 28 November elections take place in a context of concern over the violent repression of mass protests during the previous elections in 2017. At the time, the Office of the United Nations High Commissioner for Human Rights (OHCHR) observed that several members of the Military Police and the Army used excessive, sometimes even lethal, force to disperse the demonstrations, and documented the deaths of at least 23 people, among other human rights violations.

The change of government could be a unique opportunity to reverse this situation by addressing the structural causes of violence, inequality and discrimination

Erika Guevara-Rosas, Americas director at Amnesty International

“It is unacceptable that Honduras should have to face another wave of repression like that of 2017. The Honduran authorities must guarantee human rights during the electoral process, including the rights to freedom of expression, assembly and peaceful protest, and refrain from using force to repress citizens,” said Erika Guevara-Rosas.

The letter to the Honduran presidential candidates includes seven points to build a just country based on human rights:

1. Respect the full exercise of the rights to freedom of expression, assembly and social protest 
2. Effectively fight against impunity
3. Create a safe and enabling environment for the defense of human rights.
4. Guarantee access to health care for all, including sexual and reproductive health care
5. Ensure the principles of equality and non-discrimination
6. Protect people on the move
7. Cooperate and engage with international human rights mechanisms and standards

For more information or to arrange an interview, please contact Duncan Tucker: duncan.tucker@amnesty.org

The post Honduras: Next president must ensure a more just and human rights-based country appeared first on Amnesty International.

With just one year to go until the 2022 FIFA World Cup, time is running out for Qatar to deliver on its promise to abolish the kafala sponsorship system and better protect migrant workers, Amnesty International said today. In Reality Check 2021, a new analysis of Qatar’s progress towards overhauling its labour system, the organization found that progress has stagnated over the last year and old abusive practices have resurfaced, reviving the worst elements of kafala and undermining some of the recent reforms.

The daily reality for many migrant workers in the country remains harsh, despite legal changes introduced since 2017.

Amid mounting scrutiny of Qatar’s human rights record as the World Cup approaches, Amnesty International is calling on the Qatari authorities to take urgent action to ramp up the reform process before it is too late. 

The clock is ticking but it’s not too late to turn the ink on paper into real action. Now is the time for Qatari authorities to be bold and fully embrace their programme of labour reforms; any progress to date will be wasted if Qatar settles for weak implementation of policies and fails to hold abusers to account

Mark Dummett, Amnesty International’s Global Issues Programme Director

“The clock is ticking but it’s not too late to turn the ink on paper into real action. Now is the time for Qatari authorities to be bold and fully embrace their programme of labour reforms; any progress to date will be wasted if Qatar settles for weak implementation of policies and fails to hold abusers to account,” said Mark Dummett, Amnesty International’s Global Issues Programme Director.

“Apparent complacency by the authorities is leaving thousands of workers at continued risk of exploitation by unscrupulous employers, with many unable to change jobs and facing wage theft. They have little hope of remedy, compensation or justice. After the World Cup, the fate of the workers who remain in Qatar will be even more uncertain.”

By August 2020, Qatar had passed two laws to end restrictions on migrant workers leaving the country and changing jobs without their employer’s permission. If properly enforced these had the potential to strike at the heart of the kafala system, which continues to bind migrant workers to their employers, but workers told Amnesty International they still face significant hurdles in changing jobs and pushback from disgruntled bosses.

Jacob (not his real name), a migrant worker who has been in Qatar for more than five years, said: “Change came on paper but [not] on the ground…When you go inside the company and among the workers [you see that] only a very small change has happened. It is still appalling.”

Workers still tied to jobs they want to leave

Qatar has made a number of positive reforms to benefit migrant workers since 2017. These include a law regulating working hours for live-in domestic workers, labour tribunals to facilitate access to justice, a fund to support payment of unpaid wages, and a minimum wage. It has also ratified two key international human rights treaties, albeit without recognizing the right of migrant workers to join a trade union.

But a failure to implement means exploitation continues.

For example, although Qatar has repealed the requirement to obtain an exit permit and No-Objection Certificate (NOC) for most migrant workers, allowing them to leave the country and move jobs without seeking their sponsors’ consent, a de facto NOC process has emerged and problematic elements of kafala remain in place. This includes the ability of abusive employers to block migrant workers’ job transfer and control their legal status.

Aisha, who works in the hospitality sector, described being threatened by her employer when she refused to sign a new contract with him and requested to change employers instead. She was told she had to pay 6,000 QR (US$1,650) – more than five times her monthly salary – for an NOC, or else be sent home. Although the change in law should have allowed Aisha to change jobs freely, the complaint she submitted to the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) was rejected.

“The whole situation had a big impact on me but also on my family because as a main breadwinner it is not easy to handle this situation. Sometimes I feel I do not want to wake up in the morning,” Aisha told Amnesty International. 

While the NOC has been abolished in law, organizations supporting migrant workers and embassies in Doha noticed that the failure to include one or another form of written approval from the current employer appears to increase the chance of a job transfer request being rejected. This in turn has given rise to an “NOC trade” which has become a lucrative business for some abusive employers.

Other abusive practices include withholding salaries and benefits to make it harder for workers to leave their jobs. Migrant workers are also still dependent on their employers to enter and stay in Qatar, giving rise to the use of ‘absconding’ charges and cancellation of resident permits which abusive employers use to control their workforce.

Exploitation on a massive scale continues

In its analysis, Amnesty International also found that late payment and non-payment of wages and other contractual benefits remain some of the most common forms of labour abuse facing migrant workers in Qatar. Yet their access to justice remains scarce and workers are still prohibited from organizing themselves to collectively fight for their rights.

In August 2021, Amnesty International documented the Qatari authorities’ failure to investigate the deaths of thousands of migrant workers despite evidence of links between premature deaths and unsafe working conditions . Despite introducing some new protections for workers, major risks remain – for example, the new regulations do not include mandatory rest periods proportionate to the climate or kind of work undertaken – and authorities have done little to investigate the scale of unexplained deaths.

Qatar is one of the richest countries in the world, but its economy depends on the two million migrant workers who live there. Each of them has a right to be treated fairly at work, and to obtain justice and compensation when they face abuses

Mark Dummett

“Qatar is one of the richest countries in the world, but its economy depends on the two million migrant workers who live there. Each of them has a right to be treated fairly at work, and to obtain justice and compensation when they face abuses,” said Mark Dummett.

“By sending a clear signal that labour abuses will not be tolerated, penalizing employers who break laws and protecting workers’ rights, Qatar can give us a tournament that we can all celebrate. But this is yet to be achieved.”

Amnesty International is also calling on the World Cup organizer, FIFA, to live up to its responsibilities to identify, prevent, mitigate and remedy human rights risks connected to the tournament. This includes risks to workers in industries like hospitality and transport, which are expanding massively to facilitate the delivery of the games. It also needs to use its voice, both publicly and privately, to call on the Qatar government to fulfil its programme of labour reforms before the opening match of the World Cup.

The post Qatar: One year to make good on promises to migrant workers as progress stagnates appeared first on Amnesty International.