Moderated by Hannah Forster, Executive Director of the African Centre for Democracy and Human Rights Studies (ACDHRS), the panel included Seydi Gassama, President of the Senegalese Coalition of Human Rights Defenders (COSEDDH), Sadikh Niass, Advisor to the ACDRHS and vice-president of COSEDDH, and Rémy Ngoy Lumbu, Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals of the African Commission on Human and Peoples’ Rights (ACHPR).
Seydi Gassama recalled the importance of the 1998 United Nations Declaration on Human Rights Defenders and the rights associated with it for them, such as freedom of expression, freedom of opinion, freedom of assembly and association, and the possibility of seeking resources to defend the human rights of all populations. States are indeed the guarantors of these rights and have a responsibility to ensure a favourable environment for defenders.
However, challenges are increasing and constantly evolving, including cybersecurity laws that impede the right to privacy. In West Africa, and particularly in the Sahel region, civic space is shrinking, and States are seeking to muzzle certain rights by invoking exceptional measures in the name of the fight against terrorism.
Arbitrary arrests are on the rise in times of political crisis, as was the case in Senegal in 2021-2022.
In Burkina Faso, all funds for human rights organisations are scrutinised by the State, and these groups cannot receive foreign transfers. Defenders are seen as troublemakers and some no longer dare to speak out, while journalists prefer not to denounce violations and fear reprisals.
Gassama pointed out that ‘repression undermines national cohesion’ and that even some groups of defenders have split when political and electoral crises erupt.
Commissioner Ngoy Lumbu reiterated the importance of international and regional laws and legal frameworks, including the ACHPR, for the protection of defenders.
Though national laws have been adopted in the Democratic Republic of Congo, Niger, Mali, Côte d’Ivoire and Burkina Faso, Ngoy Lumbu pointed out that more needs to be done to address the challenges mentioned. His role at the African Commission is also to remind States of their obligations.
Niass and Gassama recalled their long advocacy journeys for the defenders’ bill in Senegal, which lasted about ten years and presented their report and analysis of the situation in the country. After several drafts presented by civil society, it is now being reviewed in Parliament. Human rights defenders are awaiting the outcome with great hope.
Participants spoke up to highlight similar situations in their countries, including the repression of the GenZ movement in Togo, where there are no laws for the protection of human rights defenders, the difficulty of working during election periods, and the challenge of defining the very concept of ‘defender’.
In Nigeria, for instance, defenders must be paid for their work to be recognised, which leads to a proliferation of ‘GONGOS’ – or government-organised non-governmental organisation – tied to the State and sorely lacking in independence.
The panellists concluded the debate by emphasising the need to educate governments on these issues. They also mentioned the importance of professionalising and being credible in order to better achieve their objectives and avoid being perceived as mere political ‘opponents’.