© REDRESS
had nothing to do with the kuluna. Some were street
children, while others were youth falsely accused by
their neighbours in unrelated disputes. Some happened to be in the wrong place at the wrong time.”86
(between $170 and $2,500).88 In another well-publicised case, Boko Haram abducted and disappeared 276
schoolgirls in Chibok, Nigeria, many of whom have not
been released or found.89 Another 100 schoolgirls were
subsequently kidnapped by Boko Haram in 2018.90 In
total, the group is estimated to have abducted more
than 1,000 girls since 2013.91 Despite Cameroon being
a signatory to the ICPPED and Nigeria having ratified it,
State authorities in both countries have not yet taken
adequate steps to punish the perpetrators and provide
reparations to victims. As noted in section 4 above,
there is no unified approach to accountability for these
acts at international and regional levels, and this paper
focuses on the obligations of States in the context of
ED. However, the commission of acts analogous to ED
by non-State actors in Africa is nevertheless a concerning trend that warrants further attention.
Case study
Kamilya
Mohammedi
Tuweni
Kamilya Mohammedi Tuweni, a United Arab Emirates citizen and businesswoman, was kidnapped by
Kenyan counter-terrorism forces in 2007 after being mistaken for an Al-Qaeda operative.87 She was
kept in secret detention in four different East African
countries for more than two months.
During this time, Kamilya endured beatings, was asked
for bribes, was threatened with rape and narrowly escaped being sold for drugs. At one point, Kamilya was
held in a jail located in a war zone in Somalia with encroaching airstrikes. She feared for her life as she endured the sound of falling bombs and nearby gunfire.
Kamilya was released on 23 March 2007 in Ethiopia.
Population groups affected by ED
Victims of ED range from political opposition leaders,
human rights defenders and activists, journalists, union workers, ethnic minorities, women and children,
as well as migrants and internally displaced persons
(as analysed in sub-section 5.4 above). This section explores how ED impacts each of these groups in Africa.
To this day, Kamilya does not officially know why she
was arrested as she was never charged. Kamilya believes she was mistaken for an Al-Qaeda operative,
as she was arrested in the context of a sweeping operation against Somali “terrorist suspects” that the
Kenyan government orchestrated that year during
the so-called “War on Terror” in conjunction with the
US. On 11 June 2009, represented by REDRESS, Kamilya brought a claim before the Kenyan High Court
for relief, seeking a clear finding of Kenya’s responsibility for her treatment. More than 10 years later,
the case is still pending before the Kenyan Court.
Political opposition and human rights defenders
In the Baseline Study Countries, political opposition leaders and human rights defenders have been the target of
ED by States, often for peacefully expressing their views
that are considered critical to one side of the conflict:92
• In Zimbabwe, the colonial British government targeted freedom fighters, while the post-colonial
government has used the practice of ED to silence
the political opposition, usually during the run-up
to the elections.93 For example, the 2008 election
was marred with massive violence against human
rights defenders and political opposition, with the
government detaining incommunicado several political activists who were charged with terrorism
The use of ED by non-State actors
There are many examples of non-State actors carrying
out acts analogous to ED in Africa, particularly during
armed conflicts or civil unrest. For example, in 2019,
armed separatists in Anglophone Cameroon kidnapped
hundreds of people, including students and members
of the clergy, though nearly all have been released after
family members or school authorities paid a ransom
86 Ibid.
87 REDRESS, Kamilya Mohammedi Tuweni, Case Study Report dated 2009; REDRESS, Case of victim of mistaken identity during “War on Terror” begins
before the Kenyan High Court, 14 September 2015.
88 HRW, Cameroon: New Attacks on Civilians by Troops, Separatists, 28 March 2019, Nairobi.
89 HRW, Nigeria: 5 Years after Chibok, Children Still at Risk, Many Still Unaccounted For; Abductions Continue, 15 April 2019.
90 The Guardian, Boko Haram Returns More than 100 schoolgirls kidnapped last month by Ruth Maclean and Isaac Abrak, 21 March 2018.
91 The Telegraph, UN Says Boko Haram Has Kidnapped More than 1000 Girls Since 2013, 13 April 2018.
92 LFJL, Unforgotten: Enforced Disappearance in Libya, September 2020.
93 Zimbabwe Lawyers for Human Rights ("ZLHR"), Enforced Disappearances – An Information Guide for Human Rights Defenders and CSOs, January
2016, p. 7.
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