Jun 4, 2021 | Advocacy, Open letters
In May 2021 the ICJ wrote to The MultiChoice Group in South Africa urging it to suspend Emmanuel TV on any of the DSTV platforms for broadcasting televangelist Pastor TB Joshua’s multiple video clips ostensibly depicting violent ‘conversion therapy’ and hate speech against LGBT persons amounting to discrimination and human rights abuses. MultiChoice responded that it has “no editorial control or oversight” over Emmanuel TV as it is a “third-party channel” and therefore MultiChoice cannot investigate the incident further or take any remedial action.
MultiChoice claims on their website to “entertain, inform and empower African communities”. In addition to this, their entertainment platforms are a hub for approximately 14 million people across 50 countries. MultiChoice has a huge reach into African countries and in the homes of millions of people living in Africa. As a result, they have a responsibility to act in a way which does not promote harmful practises.
In response to ICJ’s letter, MultiChoice stated that it does not review the content broadcast on third-party channels such as Emmanuel TV prior to its broadcast. In place of a thorough investigation, the entertainment group said that it contacted Emmanuel TV and the latter stated that the ‘conversion therapy’ clips were not broadcast in April 2021. It is significant to note that Emmanuel TV did not deny that the clips were aired at all. Rather, MultiChoice alleged that it was simply “unable” to independently verify that the clip was broadcasted in April 2021 or at all.
Contrary to the impression given in its letter to the ICJ, MultiChoice is not limited to investigating offensive broadcasts that are aired within a specific time period. Additionally, while the ICJ notes MultiChoice’s assertion that Emmanuel TV is a third-party channel and consequently MultiChoice has no editorial control or oversight over the content of the channel, the ICJ believes that MultiChoice has a duty to not broadcast material that is discriminatory and in contravention of the South African Constitution.
MultiChoice has a responsibility to conduct a serious investigation into this matter and take the necessary remedial action. Consequently, we do not find that Emmanuel TV’s confirmation to MultiChoice, that the clip was not broadcast during April 2021 is sufficient; and MultiChoice’s inability to verify whether this program was broadcast at all, is unsatisfactory.
The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, under the umbrella of the United Nations Human Rights Commission, has concluded in May 2020, that conversion therapy amounts to torture and ill-treatment and has called for a global ban on such practices.
In light of this, the ICJ is of the view that MultiChoice has a greater responsibility to the African audience to refrain from participating in the broadcast of such harmful practices, and must publicly take a stance against facilitating the airing of such broadcasts. The ICJ believes that MultiChoice’s responsibility as Africa’s “leading entertainment company” is not to pay “lip service” to the values of the South African Constitution, but rather to hold itself to higher thresholds of accountability.
ICJ has consequently urged MultiChoice to:
- Independently investigate this and other discriminatory and potentially unlawful broadcasts by Emmanuel TV and take appropriate remedial measures.
- Undertake to exclude Emmanuel TV as part of MultiChoice’s package to the public, or alternatively, to heavily condition its contract with Emmanuel TV to disallow the broadcast of offensive materials; should the investigation lead to the conclusion that the clip was broadcasted by them.
- Ensure that such offensive materials are not broadcast on any MultiChoice channels, irrespective of their status as third-party channels.
- Offer an apology from Multichoice Group to the LGBT persons, unless MultiChoice is able to demonstrate independently that the clip was not broadcast at all on their platform, neither by Emmanuel TV nor by any other third-party channel.
- Undertake an updating of the MultiChoice Group’s internal policies to bring them in line with human rights standards, the South African Constitution, and local laws on non-discrimination. This includes contractual arrangements with third party channels like Emmanuel TV which may broadcast discriminatory content.
Contact
Kaajal Ramjathan-Keogh, ICJ Africa Director, Kaajal.Keogh(a)icj.org
Tanveer Jeewa, Legal and Communications Officer, Tanveer.Jeewa(a)icj.org
May 3, 2021 | Advocacy, Open letters
In a letter of 3 May, the ICJ called on the Non-Executive Chair of the Multichoice Group, and the board of directors to immediately suspend Emmanuel TV on any of the DSTV platforms for broadcasting of televangelist Pastor TB Joshua’s multiple video clips ostensibly depicting a violent ‘conversion therapy’ and hate speech against LGBT persons amounting to human rights abuses.
One of the videos, shows Joshua slapping and pushing a woman at least 16 times, and telling her: “There is a spirit disturbing you. She has transplanted herself into you. It is the spirit of woman.”
By broadcasting Joshua’s channel, which openly advocates hatred against, and causes harm to, LGBTI persons, Multichoice Group’s actions are inconsistent with human rights law and standards, the South African Constitution and domestic legislation, which all proscribe discrimination based on sexual orientation.
The ICJ therefore urged Multichoice to urgently take the following steps to remedy this situation:
1. Immediately suspend Emmanuel TV on any of the DSTV platforms including Channel 309.
2. Immediately remove the offending video clips and provide an undertaking not to air them or similar offensive materials again.
3. Offer an apology from Multichoice Group to the LGBT persons.
4. Undertake an updating of the MultiChoice Group’s internal policies to bring them in line with human rights standards, the South African Constitution, and local laws on non-discrimination.
To read the full letter, click here.
Contact
Kaajal Ramjathan-Keogh, ICJ Africa Director, Kaajal.Keogh(a)icj.org
Tanveer Jeewa, Legal and Communications Officer, Tanveer.Jeewa(a)icj.org
Feb 19, 2021 | Advocacy, News, Open letters
In a letter of 17 February, the ICJ and ZimRights called on the Chairperson of the African’s Commission on Human and Peoples’ Rights Working Group on Economic, Social and Cultural Rights to address Zimbabwe’s failure to meet its obligations to protect the rights of life and health of its population in respect of its COVID-19 vaccine policies.
Zimbabwe had failed to produce, publish and widely disseminate a comprehensive plan on vaccine acquisition and distribution. These are also necessary measures to secure the life and health of those living in neighbouring countries of Zimbabwe and therefore of broader concern within the Southern African Development Community in particular.
The ICJ and ZimRights called for an intervention of the Working Group and the wider African Commission with a view to ensure that vital information is made available by the Government of Zimbabwe about its national plan for COVID-19 vaccine procurement, distribution and roll-out including any resources it has set aside for these efforts.
To read the full letter, click
here.
Jul 31, 2020 | Advocacy, Open letters
The ICJ and the South African Human Rights Defenders Network (SAHRDN) have written to the United Nations Special Rapporteur on the Situation of Human Rights Defenders, the African Commission on Human and Peoples’ Rights Special Rapporteur on Human Rights Defenders, and the Chairperson of African Commission on Human and Peoples’ Rights.
They have detailed the continued intimidation and harassment of the residents of Happiness village by the South African National Defence Force (SANDF).
“We have written to the Special Rapporteurs because the SANDF is unrelenting in its abuse of the resident’s despite the best efforts of their legal representatives and repeated court orders,” said ICJ Legal Adviser in South Africa Tim Fish Hodgson.
“A community leader was placed under house arrest guarded by four soldiers for seven days. Another resident was subjected to a punishment by which was told to lie flat on the ground and ‘pray to his God’ for simply leaving his home. Others have been assaulted. The SANDF deliberately conducts military exercises near the residents’ homes late at night to scare and intimidate them. All this with utter disregard for the law and in direct violation of a number of court judgments and orders”, he added.
The residents, who were forcibly and violently evicted from Marievale military base beginning in 2017, have repeatedly been granted court orders by the High Court declaring such evictions unlawful and directing the SANDF to refrain from harassing, threatening and intimidating the residents and not to restrict their movement.
Despite this, and in the midst of the COVID-19 pandemic, further evictions and constant harassment and intimidation continues unabated and has intensified to a point that the residents describe the SANDF as having “laid siege” to their homes in Happiness Village which is adjacent to Marievale military base.
Soldiers now police checkpoints, preventing visitors from entering the area and even journalists have been prevented from entering Happiness Village. The residents’ legal representatives were only allowed to visit a single community representative under armed military guard.
As the letter reveals, the SANDF’s actions amount to violations of the residents’ right to adequate housing protection in terms of the South African Constitution, the African Charter on Human and People’s Rights and the International Covenant on Economic, Social and Cultural Rights.
The intimidation, harassment, humiliation and assault of the residents’ amount to violations of the residents’ rights to liberty and security of person and may also amount to cruel, inhumane and degrading treatment or punishment in violation of the South African Constitution and international human rights law.
They seem to be geared at making the resident’s lives intolerable in order to secure evictions “through the backdoor”, which is explicitly prohibited in South African law.
The residents, represented by Lawyers for Human Rights, will once again be in urgent court on July 31 seeking an interdict to prevent further harassment, intimidation and restrictions on their movement by the SANDF. The legal representatives of the SANDF have indicated that they intend to oppose their application.
The ICJ has therefore implored the Special Rapporteurs to:
1. Call on the SANDF, the Minister of Defence and Military Veterans and on the Ekurhuleni Municipality to desist from any further evictions, relocation, intimidation, harassment, humiliation, and assault of the Marievale community residents;
2. Call on the SANDF, the Minister of Defence and Military Veterans and the Ekurhuleni Municipality to immediately lift and ensure the non-recurrence of restrictions on the movement on Happiness Village residents;
3. Call on the President of South Africa, as the Commander in Chief of the SANDF, to take appropriate action to ensure that the human rights violations that the residents of Marievale have suffered at the hands of the SANDF on a continuous basis since 2017 be investigated, and that appropriate action be taken to ensure access to justice and effective remedies for the residents; and
4. Call on the Parliamentary Portfolio Committee on Defence and Military Veterans to ensure the accountability of the Minister of Defence and Military Veterans for the human rights violations to which the SANDF has subjected the residents on a continuous basis since 2017.
Read the full letter here.
SouthAfrica-SAHRDN-ICJ Letter to SRs on HRDs-Advocacy-open letters-2020-ENG
Contact:
Tim Fish Hodgson (ICJ Legal Adviser) t: +27828719905; e: timothy.hodgson(a)icj.org
Jun 18, 2020 | Advocacy, Open letters
The Swiss Section of the ICJ sent today to the Swiss Parliament (National Council) a letter warning that, if approved, the current Draft Federal Law on Police Measures against Terrorism, tabled before them would clash with the country’s obligations under international human rights law. The ICJ supports this initiative of its Swiss Section.
The letter outlines several key concerns with the legislative proposal that could be used to unduly restrict aspects of freedom of expression, the right to liberty, and the rights of the child , in contravention of international law guarantees.
The National Council holds today a crucial discussion on the draft legislation.
Switzerland-Anti terrorism law-Advocacy-2020-GER (the full letter, in German, PDF)
Apr 28, 2020 | Advocacy, News, Open letters
The ICJ today called on the South African government to take measures to ensure access to justice and the full fulfillment of the economic, social and cultural rights of all in the country.
The South African authorities must also remove legal hurdles in accessing just compensation for rights violations occurring during nationwide lockdown, the ICJ said.
The call comes as South Africa enters its final week of a lockdown period, which initially began on 26 March 2020. Since the beginning of the lockdown period the ICJ has been working closely with a broad coalition of local civil society organizations and movements called the C19 People’s Coalition.
“The ICJ applauds South Africa on its announcement that it will commit 10% of its GDP to a social relief and economic support package addressing poverty and in inequality which has been exacerbated by COVID-19,” said Arnold Tsunga, ICJ Africa Director.
“However we note with concern the high levels of repression and human rights abuses committed by enforcement officers enforcing Lockdown Regulations and the inadequacy of social assistance measures to ensure an effective elimination of poverty in accordance with South Africa’s international and domestic human right obligations.”
- Repression and human rights abuses by enforcement officers during Lockdown
Both the Disaster Management Act and Lockdown Regulations enacted in terms of it create doubt about whether victims of violations of human rights in the enforcement of lockdown will be able to claim compensation for such violations.
The ICJ has therefore written to President Cyril Ramaphosa (photo) and Speaker of the National Assembly Thandi Modise calling on the authorities to make the necessary legal amendments required to ensure the full protection of the right to access to justice, which includes the right to effective remedies and reparation.
The ICJ calls on authorities to ensure the amendment of the National Disaster Act and Lockdown Regulations to ensure that victims of human rights abuses have full and effective access to the right to remedy and reparation including compensation.
- Inadequate Social Assistance provided
Despite the large stimulus package announced by President Ramaphosa on 21 April, the C19 People’s Coalition has correctly argued that the new COVID-19 social grant of R350 ($18.44 USD) per month for unemployed persons is less than a third of the R1227 ($64.65) that government itself estimates individuals require to be lifted out of poverty.
In addition, the increase of the Child Support Grant of R500 ($26.35) per month appears, contrary to what the President’s announcement suggested, to be allocated per caregiver not per child thus drastically reducing its potential impact.
The ICJ calls on authorities to ensure the full provision of a social safety net to all in South Africa by: 1) raising the levels of all non-contributory social assistance benefits to a level that ensures an adequate standard of living for recipients and their families; and 2) ensuring that those between the ages of 18 and 59 with little or no income have access to social assistance.
These two measures were among those specified in the Concluding Observations of the Committee on Economic, Social and Cultural Rights to South Africa.
South Africa declared a moratorium on all evictions during the lockdown period on 26 March after local organizations and the ICJ had called for such a move.
Later amendments to Lockdown Regulations made it a criminal offence for any person to evict any other person. Despite this, evictions continue in some places unabated as is illustrated by statements of Abahlali BaseMjondolo and Abahlali BaseMjondolo Women’s League late last week.
These evictions have sometimes been violent and accompanied by serious allegations of attempted murder of community members and human rights defenders.
The ICJ calls on authorities to ensure the immediate cessation of all evictions. The President of South Africa and the Parliament of South Africa must make sure that police officers, security and other companies and government officials participating in evictions are clearly, decisively and publicly held to account.
Those carrying out evictions should be prosecuted in accordance with Lockdown Regulations. The police and prosecuting authorities should also investigate and where sufficient evidence exists pursue prosecution of those found to have committed crimes of violence or similar offences against those who are subjected to or defend against such evictions.
“The continued violent attacks experienced by human rights defenders and those simply trying to retain their homes is unacceptable. The time has come for the President of South Africa and Parliament of South Africa to intervene directly to prevent any further such attacks generally, but in particular with regard to Abahlali BaseMjondolo settlements in KwaZulu-Natal,” added Arnold Tsunga, ICJ Africa Director.
Contact:
Tim Fish Hodgson, ICJ Legal Adviser, t: +2782871990 ; e: tim.hodgson(a)icj.org
Shaazia Ebrahim, ICJ Media Officer, t: +27716706719 ; e: shaazia.ebrahim(a)icj.org
