Human rights in Africa under threat

By Gregory Simpkins

December 10th is commemorated as Human Rights Day in honor of the proclamation of the Universal Declaration Of Human Rights by the United Nations General Assembly in Paris on that date in 1948 (General Assembly resolution 217 A). It was hailed at the time as a major advance for the rights of all people worldwide, particularly after the second of two world wars which seemingly ended the longstanding denial of the rights of people, including slavery.

Its preamble echoed the hopes of so many that people worldwide would be treated with dignity – many for the first time in their history:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge…

Unfortunately, the record since that 1948 proclamation has been quite spotty. I know that many people on the continent often question Amnesty International’s findings, but this human rights non-governmental organization (NGO) has investigated violations the world over, and in Africa, it cites a number of proven abuses of human rights by government forces and rebel and extremist groups:

• In Burkina Faso, the Group for the Support of Islam and Muslims (GSIM) and the Islamic State in the Sahel (ISS) armed groups attacked towns and cities. In Djibo town, more than 300,000 residents were affected when GSIM destroyed water infrastructure.
• In Cameroon, armed separatist groups in the Northwest and Southwest regions targeted people, healthcare facilities and schools; armed groups in the Far North region similarly raided villages, killing and abducting dozens of civilians.
• In the Central African Republic (CAR), at least 100 civilians were killed by armed groups and government forces between February and March.
• Attacks on civilians also intensified in eastern parts of the Democratic Republic of the Congo (DR Congo) where armed groups killed more than 1,800 civilians.
• In Ethiopia, targeted attacks by government forces and armed groups on civilians in the Oromia, Benishangul-Gumuz, Amhara, Tigray and Gambela regions involved mass killings.
• In Mali, GSIM attacks on three villages in the Bankass Cercle in June, resulted in approximately 130 deaths, mostly civilians.
• In Mozambique, Al-Shabaab armed groups extended their attacks on civilians from Cabo Delgado to Niassa and Nampula provinces. In May, they beheaded 10 civilians during an attack on three villages in Cabo Delgado where they also abducted women and girls and looted and burned houses.
• In Nigeria attacks by Boko Haram, which had previously operated mainly in the north-east, spread to some states in north-central and north-western areas.

The Great Power competition for allies in Africa means that some violators of human rights get a pass, while others are condemned to sanctions. Consistency of policy is not a factor in all too many cases.

Human rights in Africa regressing

Since the proclamation of the Universal Declaration of Human Rights (UDHR), the international community, led by the United States as a chief architect and guarantor of the postwar international order, has built on this foundation and developed a comprehensive array of human rights mechanisms meant to protect and promote global human rights. However, the Congressional Research Service has listed these mechanisms, which have failed to protect these rights, often not even being approved fully by the world community.

• International Covenant on Civil and Political Rights (1976). Signed (1977). Ratified (1992).
• International Covenant on Economic, Social, and Cultural Rights (1976). Signed (1977), not ratified.
• International Convention on the Elimination of All Forms of Racial Discrimination (1969). Signed (1966). Ratified (1994).
• Convention on the Elimination of Discrimination Against Women (1981). Signed (1980), not ratified.
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1987). Signed (1988). Ratified (1994).
• Convention on the Rights of the Child (1990). Signed (1995), not ratified.
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (2003). Neither signed nor ratified.
• International Convention on the Rights of Persons with Disabilities (2008). Signed (2009), not ratified.
• International Convention for the Protection of All Persons from Enforced Disappearance (2010). Neither signed nor ratified.

Nations around the world, including the United States, have refused to either ratify or abide by these new human rights mechanisms because of provisions they deem to violate their sovereignty or economic interests or which clash with their national traditions. Meanwhile, some governments have used ruthless, often unimaginable means, to punish dissenters.

During my work in Equatorial Guinea, including human rights work commissioned by President Teodoro Obiang Nguema Mbasogo, I found that his predecessor – his uncle Francisco Macías Nguema – had used horrific tactics to punish opponents and send a signal to outside powers. Macías’ security forces hounded Spanish residents, after he deemed them a threat to his regime, forcing them to leave.

His government also tortured dissidents and those suspected of being in league with coup plotters. The torture took bizarre forms, such as bending people into pretzel-like positions and placing them in boxes or forcing them to jump up and down on one leg and beaten when they fell down due to lack of balance or exhaustion. President Obiang officially stopped such tactics, but it is believed that human rights violations continue there.

I have witnessed firsthand that local authorities sometimes conduct brutal operations without orders from the capital. While working with the League of Kenyan Women Voters in Thika, local police tried to block a voter education training at a church compound. Even when the bishop put then-President Daniel arap Moi on the telephone line to tell the police the program could go forward, they refused to take the call and began beating people at random.

A 1981 study of policing in Africa, comparing Anglophone and Francophone methods, found significant differences.

“…in the police schools in the Ivory Coast, the program is exactly the same as that of the professional training of the French National Police. In addition, in the former French colonies (Algeria, Benin, Mauritania, Senegal, and Tunisia) the police may sometimes detain a suspect or witness prior to arrest for a length of time specified by law without immediately referring the case to the legal authorities. However, in the English-speaking countries such as Sierra Leone, Kenya, and Nigeria, the police may only temporarily detain a suspect without a warrant.”

One of the concerns Western governments have about China’s presence in Africa is that China does not believe in internationally accepted democratic governance systems. Of course, while the United States and Western countries champion human rights, they have shown that they are willing to ignore human rights violations when it is convenient to do so to protect African allies. The Western concern is that African governments will copy Chinese governance styles and not only refuse to abide by international human rights standards but become even more repressive. China’s brutal treatment of the Uyghurs is a poor example to follow, but one also could cite examples of Western mistreatment of people in their own countries as well.

In 1996, I testified before the House Subcommittee on Africa on human rights on the continent, which at that time looked to be advancing. That doesn’t seem to be the case today. The Great Power competition for allies in Africa means that some violators of human rights get a pass, while others are condemned to sanctions. Consistency of policy is not a factor in all too many cases.

Further, genocide continues to be practiced even in non-wartime circumstances despite the post-World War II pledge to prevent another Holocaust. In some cases, the United States and other Western nations have been reluctant to declare genocide because it would require actions they were not prepared to take at the time.

In a statement commemorating Human Rights Day, U.S. Secretary of State Antony Blinken said much has been accomplished over 75 years, but more needs to be done to safeguard the rights of citizens:

“Too often, authorities fail to protect or – worse – trample on human rights and fundamental freedoms, often in the name of security or to maintain their grip on power. Whether arresting and wrongfully detaining journalists and dissidents, restricting an individual’s freedom of religion or belief, or committing atrocities and acts of genocide, violations and abuses of human rights undermine progress made in support of the UDHR. In the face of these actions, we must press for greater human rights protection and promote accountability whenever we see violations or abuses of human rights and fundamental freedoms,” Blinken said.

Let us hope that the United States and other Great Powers find a way to compete successfully in Africa without compromising the rights all people were proclaimed entitled to three-quarters of a century ago.

Gregory Simpkins, a longtime specialist in African policy development, is the Principal of 21st Century Solutions. He consults with organizations on African policy issues generally, especially in relating to the U.S. Government. He further acts as a consultant to the African Merchants Association, where he advises the Association in its efforts to stimulate an increase in trade between several hundred African Diaspora small and medium enterprises and their African partners.