HRW Testifies to EU Parliament Human Rights Panel

Human Rights Watch

Many thanks for organizing this timely exchange of views and inviting Human Rights Watch and other groups to join the discussion.

Today, Human Rights Watch will focus on violence around the 2024 general elections and on the conflict in the Cabo Delgado province.

Human Rights Watch's research found that state security and defense forces killed, threatened, arbitrarily arrested and used unnecessary or excessive force against protesters, members of political parties, journalists and activists before, during and after the October 9 general elections.

Before the elections, we documented that Mozambican authorities had rarely investigated formal complaints of harassment, threats, physical assault, and arbitrary arrest and detention targeting those covering election activities, which significantly impaired their work ahead of polls.

After the elections, which were marred by serious irregularities including allegations of fraud and ballot stuffing, we documented that police used excessive force to disperse nationwide protests. Over 300 people were killed and many others suffered serious gunshot wounds, while others including children as young as a year old, inhaled tear gas that the police fired indiscriminately into residential areas. We also documented that security forces killed at least 10 children and injured dozens more since October 24. Police have also detained hundreds of children, in many cases for days, without notifying their families in violation of international human rights law. The protests and ensuing government crackdown have led to severe disruptions of education and health sectors throughout the country.

We urge Mozambique's partners, including the European Union, to press the government to publicly condemn these attacks and commit to protect media freedom and an open civic space during and beyond the election periods. We also call on the EU to press the government of Mozambique to ensure that security forces abide by international standards during the current post-election crisis and in the future.

We are particularly concerned by the absence of any credible investigation into violations that occurred during the post-election violence in Mozambique - despite numerous calls by international actors, including the EU. To date, no one has been held accountable for these actions.

However, genuine accountability is key for the future of Mozambique, to address tensions following the 2024 electoral process and respond to the needs of recognition for victims. It would also prevent the recurrence of police violence which has unfortunately already occurred during recent electoral processes, including the October 2023 municipal election.

Given that Mozambican authorities have demonstrated no inclination to deliver on justice and accountability, we encourage EU institutions to publicly support setting up a SADC/AU led fully independent fact-finding mission with recognized independent international experts - with the mandate to examine the circumstances around the deaths, injuries and arbitrary arrest of peaceful protesters since October 2024. The fact-finding mission should be composed of experts with a demonstrated track record of independence, and its composition should be public. Investigators should have access to available information, to victims and witnesses protected from reprisals, and be able to carry out on-site visits. The findings and recommendations of the mission should be made public, and Mozambican authorities should commit to act on its findings.

Second, we are also seriously concerned by the deteriorating humanitarian situation in conflict-hit Cabo Delgado province. The conflict continues to have a significant impact on public health services, particularly with armed groups' destruction of health facilities, which has severely impacted people's access to essential health care.

The parties to the conflict have increased the use of unlawful antipersonnel landmines and other explosive devices that have killed and injured civilians as well as security force personnel.

Children continue to be among the most affected by the conflict in Cabo Delgado province. The ISIS-linked armed group has recruited boys as young as 13 and used them to raid and loot Macomia town in May. Some of the children who escaped or were rescued faced serious challenges with learning and stigma during efforts by the authorities to reintegrate them into society. Independent monitors and media are still facing restrictions on access to areas most affected by the conflict, including Macomia, Mocimboa da Praia and Quissanga.

We urge the EU and other international partners to call on the Mozambican authorities to step up their efforts to ensure that children in Cabo Delgado stay safe in school and at home and are kept off the battlefield.

The EU should use the leverage of its military partnership with Mozambique to press for respect for international human rights and humanitarian law by Mozambique's security forces, to ensure that allegations are seriously investigated, and make clear that the involvement in human rights violations in Northern Mozambique or against protesters of security forces trained, equipped or supported by the EU's training mission or assistance mission in Mozambique would have serious implications for the future of the cooperation.

Finally, the EU should clarify the conditions of the recent decision under the European Peace Facility (EPF) to renew support for the Rwanda Defence Force deployment in Cabo Delgado in Mozambique, to ensure there is more adequate monitoring of the situation in Cabo Delgado, that EPF support does not contribute directly or indirectly to abusive military operations in eastern Democratic Republic of Congo and that Rwandan troops and commanders deployed in Cabo Delgado are properly vetted to ensure they have not been involved in abusive operations in eastern Congo or in any other violations of international humanitarian law.

The European Union is well placed to help Mozambican authorities to become more rights-respecting and to ensure that all allegations of abuses are effectively investigated and appropriately prosecuted. They can start by pressing the country's new leadership to publicly make commitments for reforms in the security forces and in Mozambique's electoral bodies, including the Election Commission and the Constitutional Council. The EU should also continually put the authorities to the test of ensuring full transparency and genuine human rights accountability for post-election events.

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