How East Africa’s opposition has been muzzled

As opposition gets muzzled in East African countries, the torture of human rights defenders Boniface Mwangi and Agatha Atuhaire is seemingly condoned by political leadership through their silence and unacceptable statements.

International law strongly prohibits torture, with key instruments like the Convention against Torture (CAT) and the International Covenant on Civil and Political Rights. CAT outlines obligations for states to prevent and prosecute it, ensuring victims have access to compensation. The prohibition also extends to other forms of cruel, inhuman, or degrading treatment. There is no Justification for torture even in situations of war, internal instability, or other emergencies. 

So, it is unfortunate that Kenya’s Minister for Foreign Affairs is “cautioning Kenyans against assuming that domestic freedoms and practices can be applied beyond national borders”.

What is even more unfortunate is that President William Ruto’s government is “top-heavy” with human rights scholars; his Deputy President, Dr Kithure Kindiki has a Masters Degree in Human Rights Law and Democracy and a PHD in International Law, while his Chief Advisor on Constitutional Affairs, Prof Makau Mutua is a renowned professor on Human Rights and Law and a founder member and long-term chair of the premier human rights organisation in Kenya, the Kenya Human Rights Commission.

While Monica Juma, the first-ever National Security Advisor to the President, is a distinguished and seasoned diplomat, yet the optics around recent diplomacy is looking tattered, disjointed, and uncoordinated. Trade and profit should not be a trade-off for respecting and upholding the human rights of Kenyans and fellow East Africans. 

Both Kenya and Uganda are State Parties to the United Nations Convention Against Torture, which is a “Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment”. Tanzania is among the few countries that have not signed the Convention Against Torture despite persistent demands by the Tanzania Coalition of Human Rights Defenders.

The Tanzanian Constitution prohibits torture, and the country has ratified other international treaties concerning human rights, specifically, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights. 

Nonetheless, forms of torture that “intentionally inflict severe pain or suffering, whether physical or mental” can be prosecuted under universal jurisdiction, meaning a state can prosecute individuals for torture regardless of where the crime was committed or the nationality of the perpetrator or victim. The ICC can also prosecute individuals for torture as a crime against humanity.  

In the meantime, Dr Kizza Besigye, leader of the Forum for Democratic Change and key opposition leader in Uganda, with his counterpart Hajj Obeid Lutale, now charged with treason, continue to be held in a Ugandan prison since abduction in Kenya in November 2024.

Tundu Lissu, the main opposition figure and leader of CHADEMA, previously shot 16 times, continues to be held in a Tanzanian prison, charged with treason. In Rwanda, Amnesty International has called for the unconditional release of eight political opposition members on trial for taking part in a training on non-violent action and campaign planning – meanwhile, Victoire Ingabire, leader of FDU Inkingi Movement, continues to languish in a Rwandan prison. 

Such is the State of East Africa – East Africans should demand that “forces of darkness” over our nations loosen their grip and bring a season of light and freedom.