Mozambique’s struggle for the freedom of peaceful assembly: A complex reality that reaps lives
Posted: 18 September, 2024 Filed under: Denise Ivone Mboana | Tags: Amnesty International, Azagaia, civil war, economic development, excessive force, Excessive Use of Force, freedom of expression, freedom of peaceful assembly, human rights, International Covenant on Civil and Political Rights, Intimidation of victims, lack of transparency, Mozambican National Resistance, Mozambique, multiparty system, peaceful assembly, peaceful protests, police suppression, Regional and International Human Rights Instruments, Restrictive Legal Framework, street protests, The Civicus Monitor, Universal Declaration on Human Rights, unrest, violence 8 Comments
Author: Denise Ivone Mboana
LLM Student, University of Sussex
Introduction
This article aims to provide a brief analysis of the freedom of peaceful assembly in Mozambique. Nestled along Africa’s southeastern coast, Mozambique has a vibrant cultural history. Nevertheless, the nation has confronted substantial challenges rooted in its colonial past and internal conflicts, notably the “16 years’ war” involving the ruling Frelimo party (in power since independence) and the main opposition Mozambican National Resistance (Renamo) party. Following the 1994 peace agreement that concluded the civil war, Mozambique transitioned to a multiparty system, enabling other political parties to participate in elections; after this period of turbulence, the country has made significant progress in recent years towards political stability and economic development.[1] However, in terms of civil participation and freedoms, The Civicus Monitor, a reputable global civil society alliance, ranks Mozambique’s status as “oppressed”[2] and recent events and the current pre-election scenario confirm this assessment. The restrictions on civil liberties, limited freedom of expression, and suppression of dissent are indicative of the challenges faced by Mozambican citizens in exercising their democratic rights.
Suppressing dissent: The Gambian reality
Posted: 19 April, 2016 Filed under: Satang Nabaneh | Tags: 1997 Constitution, Abubacarr Saidykhan, Amnesty International, Babucarr Ceesay, Ban Ki-moon, deprivation of life, detention, Ebrima Barry, Gambia Students Union (GAMSU), human rights violations, Human Rights Watch, immunity, insurrection, Lasana Jobarteh, law enforcement, mutiny, Ousainou Darboe, peaceful protests, President Jammeh, Public Order Act, right to protest, riot, rule of law, Solo Sandeng, The Gambia, United Democratic Party (UDP), United Nations, unlawful arrests, use of force 3 Comments
Author: Satang Nabaneh
Gambian Reporter to the Oxford Constitutions Online Project
The right to freedom of assembly as guaranteed by the 1997 Constitution includes the right to take part in peaceful demonstrations. However, people are deterred from organising and participating in such demonstrations. Section 18(4)(C) allows for the use of force and the deprivation of life in the ‘suppression of a riot, insurrection or mutiny’. This gives law enforcement officials with immunity when a person dies under circumstances in which reasonable force was used.
On Thursday, 14 April 2016, Mr. Solo Sandeng, National Organising Secretary and other members of the main opposition United Democratic Party (UDP) were arrested for leading a peaceful protest for electoral reforms and demanding for the resignation of President Jammeh. Two days after the arrest, senior members of the UDP, including the leader Ousainou Darboe, confirmed in a press conference the death of Solo Sandeng while in detention. Lawyer Darboe also stated that two detained female protesters were also in a coma following their arrest and alleged brutal torture by the security agents. Angered by the harsh treatment meted on the detainees, Darboe and a group of UPD stalwarts led began a protest march but were swiftly rounded up by Gambia’s security force and arrested. Eyewitnesses said the security agents fired tear gas at the crowd to disperse it.
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