Amnesty 2017

There was no progress in political launched by Huthi-Saleh forces in Ta’iz,negotiations nor any cessations of hostilities including shelling on a house in the Shab al-during the year. As military operations and Dhuba district and al-Sameel Market, killingfighting continued in and around the port three children and injuring seven others.cities of Mokha and Hodeidah, all parties tothe conflict refused to engage with the UN- The Huthis and allied forces, as well as pro-led process at different times depending on government forces, continued to recruit andmilitary gains on the ground. deploy child soldiers. VIOLATIONS BY THE SAUDI ARABIA-LED COALITIONARMED CONFLICT The UN reported that the Saudi Arabia-led coalition supporting President Hadi’sAccording to the Office of the UN High government continued to be the leadingCommissioner for Human Rights, 5,144 cause of civilian casualties in the conflict.civilians, including more than 1,184 children, The coalition continued to commit serioushad been killed and more than 8,749 violations of international human rights lawcivilians wounded since the conflict began in and humanitarian law with impunity.March 2015 until August 2017. The UNOffice for the Coordination of Humanitarian Coalition aircraft carried out bomb attacksAffairs (OCHA) reported that more than two on areas controlled or contested by Huthithirds of the population were in need of forces and their allies, particularly in thehumanitarian assistance and at least 2.9  Sana’a, Ta’iz, Hajjah, Hodeidah and Sa’damillion people had fled their homes. The governorates, killing and injuring thousandsWHO reported that more than 500,000 of civilians. Many coalition attacks werepeople were suspected of having cholera due directed at military targets, but others wereto lack of clean water and access to health indiscriminate, disproportionate or directedfacilities. Nearly 2,000 people had died of against civilians and civilian objects,cholera since the outbreak began in 2016. including funeral gatherings, schools,The ongoing conflict was a major factor in the markets, residential areas and civilian boats.prevalence of cholera in Yemen.VIOLATIONS BY HUTHI-SALEH FORCES AND PRO- In March, a helicopter attacked a boatGOVERNMENT MILITIAS carrying 146 Somali migrants and refugeesHuthi and allied forces, including army units off the coast of the port city of Hodeidah,loyal to former President Saleh, continued to killing 42 civilians and injuring 34 others.employ tactics that appeared to violate the Another attack in August on a residentialprohibition of indiscriminate attacks. They neighbourhood in southern Sana’a killed 16indiscriminately fired explosive munitions civilians and injured 17 others, the majority ofwith wide-area effects, including mortars and whom were children.artillery shells, into residential areascontrolled or contested by opposing forces, Coalition forces used imprecise munitions inkilling and injuring civilians. The city of Ta’iz some attacks, including large bombs with awas particularly affected, with such attacks wide impact radius that caused casualtiesintensifying at particular times including in and destruction beyond their immediateJanuary and May. The UN reported that a strike location. They also continued to useseries of attacks from 21 May to 6 June cluster munitions in attacks in Sa’dabetween Huthi and anti-Huthi forces killed at governorate, despite such munitions beingleast 26 civilians and injured at least 61.The widely prohibited internationally because ofHuthis and their allies also continued to lay their inherently indiscriminate nature. Clusterinternationally banned anti-personnel munitions scattered explosive bomblets overlandmines that caused civilian casualties. On wide areas and presented a continuing risk15 September, the UN reported a further because of their frequent failure to detonateseries of apparently indiscriminate attacks on initial impact. In February, the coalition fired Brazilian-manufactured rockets containing banned cluster munitions on residential areas and farmland in Sa’da city,Amnesty International Report 2017/18 401

injuring two civilians and causing material UAE-backed Yemeni forces in Adendamage. perpetrated a campaign of arbitrary detentionAERIAL AND NAVAL BLOCKADE and enforced disappearances. AmnestyThe coalition continued to impose a partial International documented 13 cases ofsea and air blockade that was tightened in arbitrary detention during the year; some ofNovember, purportedly to enforce the UN- these detainees were held incommunicado orsanctioned arms embargo on the Huthis and had been subjected to enforcedSaleh-aligned forces. Throughout the year, disappearance. Members of the Baha’ithese blockades curtailed the movement of community were also arbitrarily detained atpeople and goods, deepening the Aden International Airport by local forceshumanitarian crisis caused by the conflict aligned with the UAE and were held withoutand contributing to violations of the right to charge for nine months.health and to an adequate standard of living,including adequate food. This contributed to Professor and political figure Mustafa al-pervasive food insecurity and what became Mutawakel was arbitrarily arrested by thethe world’s worst cholera epidemic. In March, internationally recognized Yemenithe NGO Save the Children reported that the government forces in Marib on 27 April. Hecoalition prevented three of its aid shipments remained in detention without charge.from reaching the port of Hodeidah, forcingthem to reroute to Aden and delaying the IMPUNITYdelivery of aid for three months. In August,OCHA reported that four vessels carrying Since the conflict began, all partiesmore than 71,000 tonnes of fuel were denied committed serious violations of internationalaccess to Hodeidah by the coalition. In humanitarian law and violations and abusesNovember, 29 ships carrying essential of human rights law with absolute impunity.supplies were prevented by the coalition fromreaching Hodeidah port, according to OCHA. Since its inception in September 2015, the National Commission to Investigate AllegedARBITRARY ARRESTS AND DETENTIONS Violations of Human Rights, established by the Yemeni government, failed to conductThe Huthi-Saleh forces, Yemeni government prompt, impartial and effective investigationsand Yemeni forces aligned with the UAE consistent with international standards intoengaged in arbitrary and illegal detention alleged human rights violations committed bypractices. Amnesty International documented all parties to the conflict in Yemen. Similarly,a few cases in Sana’a and Marib of civilians the Saudi Arabia-led coalition investigativebeing detained solely to be used as leverage mechanism continued to appear to lack thein future prisoner exchanges, which amounts necessary impartiality and independence toto hostage-taking and is a violation of carry out its work credibly.international humanitarian law. With the proliferation of armed groups and In Sana’a and other areas they controlled, security forces without command and controlthe Huthis and their allies continued to and the lack of effective control of the centralarbitrarily arrest and detain critics and government over its security forces andopponents as well as journalists, private territories, the space for impunity furtherindividuals, human rights defenders and widened. In its mid-term report, the UNmembers of the Baha’i community, Panel of Experts on Yemen expressedsubjecting scores to enforced disappearance. concern that member states of the coalitionFive Baha’i men remained in detention at the were expressly shielding themselves fromend of the year. One of the men had been accountability and individual responsibility byheld for nearly four years, accused by the hiding behind the umbrella of the coalition.Huthis of apostasy, which carries the deathpenalty under Yemeni law. In a positive development, the UN Human Rights Council passed a resolution in September mandating a group of experts to investigate abuses by all parties in Yemen.402 Amnesty International Report 2017/18

This constituted a first step towards justice authorities in Sana’a convicted journalistfor victims of human rights abuses and grave Yahya al-Jubaihi and sentenced him to deathviolations of international law. on charges of spying. This was the first time the Huthi-Saleh authorities had sentencedFREEDOMS OF EXPRESSION AND somebody to death. Yahya al-Jubaihi wasASSOCIATION released in September.The Huthis and their allies, as well as armed ZAMBIAfactions in Ta’iz, Aden and Sana’a, waged acampaign against journalists and human Republic of Zambiarights defenders, curtailing freedom of Head of state and government: Edgar Chagwa Lunguexpression in areas under their de factoadministration. The authorities cracked down on critics, including human rights defenders, The Huthis and allied forces continued to journalists and opposition political partyhold at least nine journalists without charge; members. The Public Order Act was used tothey had been arbitrarily detained for more repress rights to freedom of expression,than two years. Meanwhile in Aden and Ta’iz, association and assembly. The police usedarmed groups and security forces unnecessary and excessive force againstassassinated, harassed, intimidated, detained peaceful protesters and failed to addressand in some cases tortured human rights violence by groups close to the government.defenders and journalists, forcing some to The judiciary came under verbal attack fromexercise self-censorship and others to flee the President. Levels of food insecurity inYemen. rural areas remained high. The Saudi Arabia-led coalition and the BACKGROUNDYemeni government prevented journalistsfrom entering Yemen, including by preventing There was heightened tension betweenthe UN from allowing journalists onto their supporters of the President and of Hakaindeflights into Yemen, minimizing coverage and Hichilema, leader of the opposition Unitedeffectively imposing a media blackout. This Party for National Development (UPND),ban was also extended to human rights following the disputed election results inorganizations in May. 2016. Hakainde Hichilema refused to recognize Edgar Chagwa Lungu as President.WOMEN’S RIGHTS The Constitutional Court rejected Hakainde Hichilema’s petition against the results onThe protracted conflict exacerbated existing procedural grounds. The Court was alsodiscrimination and inequality for women and expected to deliver a judgment during 2018girls and gave rise to the adoption of negative on whether President Lungu could run forcoping mechanisms, such as child marriage, president in the 2021 elections.especially in the governorates of Ta’iz, Hajjah,Hodeidah, Ibb and Sana’a. Societal and legal FREEDOMS OF ASSEMBLY ANDprotection mechanisms – however ASSOCIATIONinadequate – broke down. This left womenand girls with less protection from, and fewer The space for civil society, human rightsavenues of redress for, sexual and other defenders, journalists and opposition politicalviolence, including female genital mutilation, parties was increasingly restricted. Theforced marriage and other abuses. authorities continued to use the Public Order Act to prevent political parties and civilDEATH PENALTY society organizations from gathering. Section 5(4) of the Act provided that anyoneThe death penalty remained in force formany crimes; no information was publiclyavailable about death sentences orexecutions. On 12 April, the Huthi-SalehAmnesty International Report 2017/18 403

intending to assemble or convene a public EXCESSIVE USE OF FORCEmeeting or demonstration was required togive the police seven days’ notice. However, On 8 April, Hakainde Hichilema and otherthe police interpreted the law as imposing a UPND members − Lastone Mulilandumba,requirement to obtain prior authorization for Muleya Haachenda, Wallace Chakwa,any public assembly to proceed. On 24  Pretorius Haloba and Hamusonde HamalekaAugust, police dispersed a prayer meeting − were arrested and charged with treasonconvened to welcome Hakainde Hichilema’s and disobeying a lawful order following anrelease from Mukobeko Maximum Security earlier incident in which HakaindePrison in Kabwe city where he had been held Hichilema’s motorcade refused to give way tofor four months on charges of treason, which President Lungu’s convoy. Police raidedwere dropped. Hakainde Hichilema’s house without a warrant, using tear gas against him and his On 10 January, UK lawyer Oliver Holland family. On 28 April, his wife, Mutinta, waswas arrested and charged under the Public threatened with arrest after she reported theOrder Act with unlawful assembly for meeting police’s use of excessive force. No chargeswith a community in Chingola city who was had been brought against the police inchallenging in court environmental pollution connection with the incident by the end ofallegedly caused by a mining company. He the year. On 15 August, the Director of Publicwas released the same day and charges Prosecutions withdrew all charges againstagainst him were dropped; however, he was Hakainde Hichilema and the other UPNDlater charged with conduct likely to breach members.the peace and ordered to pay a USD5 fine. FREEDOM OF EXPRESSION Police frequently used unnecessary andexcessive force to disperse protesters. Security forces and political activists affiliated with the Patriotic Front subjected media In April, police stopped a UPND rally in workers, political activists and others whoKanyama Township in the capital, Lusaka, on criticized the government to harassment and“security” grounds. Although the UPND had intimidation.notified the police in advance of the rally,they unlawfully dispersed the rally, shooting Staff of the Law Association of Zambia were20-year-old Stephen Kalipa, one of the harassed and intimidated because of theirprotesters. He died later from gunshot work in defence of human rights. On 3wounds at the hospital. An investigation was March, for example, Patriotic Front loyalistsopened, but no one had been arrested in stormed the Association’s offices demandingconnection with the incident by the end of the resignation of its president, Lindathe year. The police claimed that he died of Kasonde.knife stab wounds at the hands of anunidentified assailant. Later the same month, the Association joined a High Court petition to prevent the On 23 June, police arrested senior UPND liquidation of Post Newspapers – known to beofficials on charges of unlawful assembly highly critical of the government − inalleging that they held a press briefing at proceedings in which the Zambia Revenuethe UPND’s secretariat offices without Authority, among others, sought theobtaining prior authorization. On 29 company’s liquidation, alleging that it hadSeptember, police arrested six human rights failed to pay taxes.defenders who gathered outside Parliamentand protested peacefully against the On 3 August, police arrested Saviourgovernment’s purchase, at the inflated cost of Chishimba, president of the UnitedUSD42 million, of 42 fire engines; they were Progressive People party on defamationcharged with refusing to obey police orders. charges after he criticized President LunguThe protesters were beaten during the protest for declaring a threatened state ofby members of the ruling Patriotic Front. emergency. Saviour Chishimba was detained404 Amnesty International Report 2017/18

for seven days, without being brought before community was not fully consulted over thea judge; he was released without charge. use of its land for safaris. In October, the Independent Broadcasting ZIMBABWEAuthority summoned Prime TelevisionZambia’s management to answer allegations Republic of Zimbabwethat they had violated the provisions of their Head of state and government: Emmerson Dambudzobroadcasting licence when they covered a Mnangagwa (replaced Robert Gabriel Mugabe instory about the UPND’s parliamentary November)candidate for Kalulushi town, EveristoMwalilino, who had accused government Activists and human rights defendersofficials of electoral corruption. The station continued to mobilize to hold thehad also highlighted corruption allegations government to account through protests onagainst former Information Minister, the streets and via social media. The stateChishimba Kambwili. continued to use the law to crack down on dissenting voices. The authorities continuedJUSTICE SYSTEM with forced evictions despite constitutional provisions prohibiting the practice.The government verbally attacked the Independence of the judiciary remainedjudiciary, which undermined the under threat following amendments to theindependence of the institution. At the same Constitution.time, there was a growing public perceptionof the judiciary as a polarized institution in BACKGROUNDwhich some judges were not politicallyindependent. In September, while on a visit The economic situation worsened with noto South Africa, Hakainde Hichilema accused solution to the liquidity crisis in sight.the judiciary of corruption and of being underthe control of the President. On 2 November, In October, the Ministry of Cyber Security,President Lungu warned judges against Threat Detection and Mitigation wasblocking him from running for President in established in response to social media2021. In November, on a trip to Solwezi, he activism.warned judges against following Kenyanjudges who, in September, had ruled to annul Factionalism and succession battles withinthe results of Kenya’s presidential elections. the ruling Zimbabwe African National Union– Patriotic Front (ZANU-PF) party intensified;RIGHT TO FOOD President Mugabe dismissed the then First Vice-President Emmerson Mnangagwa on 6The 2017 Global Hunger Index reported that  November, for allegedly plotting against thefood insecurity and undernourishment government and exhibiting “disloyalty,remained alarmingly high. Many subsistence deceitfulness, disrespect and unreliability”.farmers were affected because they were On 14 November, the military took power anddenied access to their land due to ongoing after public support for the military action,land disputes. In Mpande, Northern and Parliament’s impeachment process,Province, over 300 people were locked into a Robert Mugabe resigned on 21 November.legal dispute with the government after they Emmerson Mnangagwa was sworn in aswere forcibly evicted from their land to an President on 24 November.arid region where they could not producefood. In Kaindu, Mumbwa District, the FREEDOMS OF ASSOCIATION ANDowners and employees of a German-owned ASSEMBLYsafari company shot at, and verbally abused,members of a 700-strong community, The police dispersed meetings or peacefulpreventing them from fishing in the Kafue protests using excessive force.River and gathering food from the forest. TheAmnesty International Report 2017/18 405

On 26 June, police arrested Pastor Evan Pastor Evan Mawarire was targeted forMawarire in the capital, Harare, after he held various public statements he made criticizingprayers with University of Zimbabwe medical the government. He had fled the country instudents during a protest against fee July 2016, but was arrested by police inincreases. He was held in Harare Central Harare, upon his return on 31 January, onPolice Station for two days before being charges of subversion and insulting thereleased on bail on charges of inciting public national flag. He was released on bail on 8violence and disorderly conduct. He was February. On 24 September, Pastor Mawarireacquitted on 29 September, although was arrested again and charged withseparate charges remained against him subverting a constitutionally electedrelating to a different arrest (see below government after he published a video on 23“Freedom of expression”).  September in which he complained about fuel shortages and rising prices. He was In July, Darlington Madzonga and Edmund released from the Harare Central PoliceMusvubi were arrested by police during a Station on 26 September. On 29 November,peaceful protest in Harare, held by the the Harare High Court acquitted him of allopposition Movement for Democratic Change the charges.youth against the Zimbabwe ElectoralCommission’s failure to implement reforms. On 10 August, Energy Mutodi, aThey were charged with killing a police officer businessman and supporter of Emmersonduring the protest and they remained in Mnangagwa, was arrested in Harare by policedetention in Harare at the end of the year officers of the Criminal Investigationwhile their case was pending in court. Department for suggesting on Facebook that a coup was likely if President Mugabe did not On 10 November, the police disrupted a choose his successor carefully. He wasmeeting in Marange Village, in the east, of 22 charged with undermining the President’sactivists from Latin American and Southern authority and causing disaffection among theAfrican countries to commemorate the ninth police and defence forces. On 23 August, heanniversary of the killing of 200 people by the was released from Harare Remand Prison onmilitary. The 200 had been killed after they bail but his case was ongoing at the end oftook control of the diamond fields in protest the year.at government plans to hand over diamondmines to Chinese businesses. The 22 Victor Matemadanda, an executive memberactivists were arrested and charged with of the National Liberation War Veterans’entering a protected area without a Association, was detained by police at Hararegovernment permit. They were released on Central Police Station in August on charges of11 November after pleading guilty and were undermining the office of the President andeach fined USD100. causing disaffection among the police and defence forces. He had called on PresidentFREEDOM OF EXPRESSION Mugabe to step down. He was released on bail after several days but his case remainedThe state restricted the right to freedom of pending at the end of the year.expression particularly of human rightsdefenders and other activists. On 2 October, journalist Kenneth Nyangani was arrested by police in the city of Mutare On 16 January, Pastor Philip Mugadza was for reporting that the President’s wife donatedarrested by police in Harare and charged clothing, including used underwear, towith criminal nuisance after he said that ZANU-PF supporters in Mutare. He wasPresident Mugabe would die on 17 October. bailed on 4 October and was awaiting trialHe was released on bail on 10 March. His until 13 December when the state failed tocase was pending in the Constitutional Court bring him to trial.at the end of the year. If convicted, he faces ajail sentence of up to six months. On 3 November, journalist Martha O’Donovan, a US national, was arrested at406 Amnesty International Report 2017/18

home by the Harare Police and charged with 2000; the forced evictions from Manzou haveinsulting the President and attempting to left over 200 families homeless and withoutsubvert a constitutionally elected compensation.government. She was alleged to have insultedRobert Mugabe on Twitter. She was released LEGAL, CONSTITUTIONAL ORon bail from Chikurubi Maximum Security INSTITUTIONAL DEVELOPMENTSPrison on 10 November; she had not beenbrought to trial by the end of the year. In August, Parliament passed a bill amending section 180 of the 2013 Constitution. MPARBITRARY ARRESTS AND DETENTIONS Jessie Majome challenged the bill in court on the basis that the vote did not meet theThe military police arrested a number of required two-thirds majority and threatenedsuspects on charges of fraud and corruption. judicial independence. The bill gives theThose arrested included senior state officials, President power to unilaterally appoint theimplicated in corruption, whose rights were most senior judicial positions.denied on arrest, including by being deniedaccess to lawyers. ECONOMIC, SOCIAL AND CULTURAL RIGHTS During the military takeover in November,army personnel detained several members of Economic instability, drought, high povertya ZANU- PF faction who were alleged to levels and unemployment put obstacles insupport Emmerson Mnangagwa’s dismissal. the way of access to education, health andThey were held for more than the adequate food. In July, Zimbabwe reported toconstitutionally permitted 48 hours before the Voluntary National Review of Sustainablebeing brought to court. Former Finance Development Goals for the UN High LevelMinister Ignatius Chombo, ZANU-PF Youth Political Forum that over 76% of children inLeague Commissar Innocent Hamandishe, Zimbabwe lived in consumption poverty, andand ZANU-PF Youth League secretary a quarter lived in extreme poverty. DifficultiesKudzanayi Chipanga, were arrested and in paying basic school fees were widespread;detained by military police on 14 November. the national Food and Nutrition CouncilDuring their detention they were denied found that at least 63% of school-ageaccess to their lawyers and were not taken to children were turned away from school forcourt until 25 November. Ignatius Chombo non-payment of fees. An estimated 4.1 was charged with corruption and criminal million people in rural areas were reported toabuse of office; Kudzanayi Chipanga and be food insecure.Innocent Hamandishe were charged withpublishing or communicating falsehoods after The right to health was increasinglythey claimed at a press conference that Army threatened as allocation of budget to healthCommander General Chiwenga stole money decreased to only 8.2% of the nationalfrom the sale of Marange diamonds. budget. The Auditor General’s June report highlighted a crisis in health service delivery,FORCED EVICTIONS and noted shortages of essential medicines and equipment, unavailability of water andIn April, police used excessive force to evict specialized personnel.around 15 families from Manzou Farm in theMashonaland Central Province which SEXUAL AND REPRODUCTIVE RIGHTSconsists of several small farms. The evictionscontravened a High Court order on 24 March In October, UNICEF reported that 34% ofwhich directed the government to end the girls and women were married by the age ofpractice of arbitrary evictions and home 18. The government was yet to amend thedemolitions without providing compensation Marriage Act or related legislation to complyor alternative land to those evicted. The with the Constitutional Court’s 2016 judgmentresidents had lived on the farmland since under which marriage under 18 was unconstitutional. NGOs and girls and womenAmnesty International Report 2017/18 407

giving birth reported that those who hadbabies in public health facilities were notallowed to leave until their fees were paid. Despite the Ministry of Health policyguidance that maternal health servicesshould be provided for free, local authoritiescontinued to be charged fees for suchservices in public health facilities.Marginalized women and girls experiencedsevere delays in accessing maternal healthservices or received no care at all.408 Amnesty International Report 2017/18