Impunity Watch: Africa

ICC May Try Suspects of Post-Election Violence in Kenya

By Dahee Nam
Impunity Watch Senior Desk Officer, Africa

International Criminal Court (ICC) Prosecutor Luis Moreno Ocampo.
The HAGUE, Netherlands – The International Criminal Court (ICC) asked Kenya for an investigation report and a 12-month prosecution plan of the country’s worst election violence in December 2007 which claimed some 1,500 lives.  ICC warned that it will take further steps if the perpetrators are not punished in Kenya. 

During yesterdays’ meeting with the Kenyan delegation led by Justice Minister Mutula Kilonzo, ICC prosecutor Lui Moreno Ocampo gave the Kenyan government a final chance to set up a special tribunal with the help of Parliament to bring key culprits of the 2007 post-election violence to justice.

"If there is no parliamentary agreement, and in accordance with the Kenya’s commitment to end impunity of those responsible for the most serious crimes, the Government of Kenya will refer the situation to the prosecutor in accordance with Article 14 of the Rome Statute," the prosecutor said.

"The crimes allegedly committed in Kenya after the 2007 elections may fall within the jurisdiction of the ICC and warrant investigations and prosecutions. … There are serious allegations of crimes against humanity committed during the post-electoral period,” he added.

The Kenyan delegation preferred and agreed to provide the ICC with the requested documents including the report of investigation and prosecution by the end of September.

Some 1,500 people were killed in riots and ethnic fighting following the presidential polls in December 2007 where the then opposition chief Raila Odinga accused President Mwai Kibaki of having stolen the vote.

For more information, please see:

AFP - ICC May Try Kenya Violence Suspects: Prosecutor - 3 July 2009

Daily Nation- Hague Prosecutor's Tough Terms to Kenya - 3 July 2009

The Independent Online - ICC May Probe Election Violence in Kenya - 3 July 2009

The Standard Online - ICC Prosecutor Gives Post-Election Suspects More Time - 3 July 2009

Genocide Charges Sought Against Sudan President Bashir

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

AMSTERDAM, Netherlands - Prosecutors to appeal the International Criminal Court’s original denial of genocide charges against Sudanese President Omar Hassan al-Bashir.

In March, the ICC indicted Bashir on seven counts of war crimes and crimes against humanity.  These counts included murder, rape and torture, although the court declared that the there were insufficient grounds for a charge for genocide.
 Sudan President Omar al-Bashir (Source: AFP)

The court declared that it would allow prosecutors to appeal its ruling as long as they could gather additional evidence.  Last week, in an email statement, prosecutors said they would appeal around July 6th against the ICC’s decision to exclude the genocide count.

Prosecutors say they have evidence that Bashir was the mastermind behind a campaign that “purposefully targeted civilians.”  When investigations were made regarding the conflict in Darfur, it was discovered that massacres, disease and starvation have led to the deaths of up to 300,000 people and driven millions from their homes.  Bashier’s alleged actions have contributed to these numbers.

Because the indictment of Bashir was the first time the ICC had sought the detention of a sitting head of state, it created international debate over how to solve the crisis in Dafur.

“For crimes against humanity, you don’t have to have that intent. Genocide is often called the worst crime, or the crime that has no name. And so I think that it inflames people more. They know the name.  They know what it is, and so I think it was in some ways easier to get that law on the books because people are so outraged by it. Victims of crimes against humanity deserve in my view the same sort of justice, and therefore, it is important to get this crime on the books as well,” says Julia Fromholz, from Human Rights First.

For more information, please see:

Reuters - Lawyers to Seek Genocide Charge Against Sudan's Bashir - 29 June 2009 

VOA - Congress to Consider Crimes against Humanity Bill to Curb Asylum Abuse - 29 June 2009

Sudan Watch - Diplomats say Judges Approve Bashir arrest warrant - UN Chief Knows of ICC Decision to Indict Sudan's President Over Darfur? - 29 June 2009

Rwandan Prisoners Transferred to Benin

By Kylie Tsudama
Impunity Watch Reporter, Africa

(Source: UN News Centre)

ARUSHA, Tanzania - The International Criminal Tribunal for Rwanda (ICTR) based in Arusha, Tanzania has announced the transfer of nine prisoners to Benin.

The ICTR was set up by the UN Security Council in response to the 1994 Rwandan genocide and is responsible for trying those responsible for the worst crimes committed.  Over a span of fewer than 100 days beginning in April 1994, 800,000 ethnic Tutsis and politically moderate Hutus were killed, mostly by machete.

The prisoners were transferred from the UN Detention Facility in Arusha to a detention facility in Cotonou, Benin before being moved to Akpro-Misserete prison in Porto-Novo, the capital city of Benin.  The prisoners will serve the remainder of their sentences there.

The following is a list of the nine transferred prisoners:

Georges Rutaganda, serving a life term sentenced in December 1999
Gerard Ntakirutimana, sentenced to 25 years in February 2003
Juvenal Kajelijeli, sentenced to 45 years in December 2003
Emmanuel Ndindabahizi, serving a life term sentenced in July 2004
Jean-Bosco Barayagwiza, sentenced to 32 years in December 2003
Aloys Simba, sentenced to 25 years in December 2005
Juvenal Rugambarara, sentenced to 11 years in November 2007
Athanase Seromba, serving a life term sentenced in March 2008
François Karera, serving a life term sentenced in December 2007

Article 26 of the court's statute stipulates that sentences must be served in Rwanda or another ICTR designated nation.  These nations have made it known to the UN Security Council that they are ready to take in convicts.  In addition to Rwanda and Benin, the other designated countries are Mali, Swaziland, Italy, France, and Sweden.  These nations have signed an agreement with the UN to house ICTR convicts.

The Rwandan government argues that Article 26 designates it as the first country on the list when deciding where to send prisoners.  It has even built a prison that meets UN standards.  The ICTR, however, has yet to send any prisoners to Rwanda.

The UN Tribunal in Arusha is set to close next year and when it does, there are to be no prisoners remaining in the Tanzania detention facility.

For more information, please see:

AFP - Nine Rwandan Convicts Transferred to Benin - 01 July 2009

AllAfrica - Rwanda: Nine ICTR Prisoners Transferred to Benin - 01 July 2009

Organisation de la Presse Africaine (African Press Organization) - Nine ICTR Convicts Prisoners Transferred to Benin - 01 July 2009

UN News Centre - UN Tribunal for Rwandan Genocide Transfers Nine Prisoners to Jail in Benin - 01 July 2009

Amnesty International Reports on Oil Industry’s Human Rights Abuses in Nigeria

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

LAGOS, Nigeria - On Wednesday, Amnesty International released a report titled, "Petroleum, Pollution and Poverty in the Niger Delta," that sheds light on the Nigerian government’s failure to hold oil companies accountable for creating a “human rights tragedy” in Nigeria’s main oil region.

It is argued that Shell Oil Company must come to grips with the impoverishment, conflict, and human rights abuses that its operation has caused in the Niger Delta.

“It can’t just be a case of ‘Let’s just forget the past and move on,’” says Audrey Gaughran, the author of the report. 
 
 
Audrey Gaughran (Source: AP)

In a written statement, Shell denies that it has been negligent and claims that Amnesty International fails to understand the extreme challenges that go along with conducting business in the Niger Delta.  Shell also claims that the constant insecurity in the area prevents the company from running maintenance programs that may otherwise be run in areas with no conflict.

“About 85% of the pollution from our operation comes from attacks and sabotage that also puts our staff’s lives and human rights at risk.”

Nigerian Militants in the Niger Delta say they attack the oil operations in an effort to fight for the rights of local people to benefit from the region’s oil wealth.
Amnesty International reported that the amnesty package offered by the African Federal Government “gives impunity to the human rights abusers.”  This would offer impunity to those ranging from the military operatives of Joint Task Force (JTF), the military body responsible for security in the region, to the militants instigating the violence in the Niger Delta. 
 

Young boy plays inside an oil drum at the waterfront in Lagos, Nigeria. (Source: AP)

“These [amnesty] packages do not work because nobody is held accountable and it gives impunity to human rights abuses.  There should be accountability of the JTF for their actions. It is obvious that the government is trying to seek solutions for this problem, but it is clear that the package will only succeed in treating the symptom and not the root cause.

Shell is also facing legal action in The Hague concerning repeated oil spills that have damaged local peoples’ ability to catch fish, their ability to grow food, and as a result has damaged their livelihoods.

For more information, please see:

Scoop Independent News - Pollution in Niger Delta: A Human Rights Tragedy - 1 July 2009

This Day - Soldiers Lock Out N’Delta Villagers - 1 July 2009

BBC - Shell Should End Nigeria 'Abuse' - 30 June 2009

VOA - Amnesty International Says Niger Delta is a 'Human Rights Tragedy' - 30 June 2009

Burundian Refugees Given More Time to Return Home

By Kylie Tsudama
Impunity Watch Reporter, Africa

 (Source: UN News Centre)

KASULU, Tanzania - The Tanzanian government has announced that it will give Burundian refugees housed in its country more time to return home.

The deadline for voluntary repatriation of Burundian refugees was set for today, 30 June 2009.  Tanzania's Home Affairs Minister, Honorable Lawrence Masha, reported that the government decided to extend that deadline to run through September, giving the refugees a chance to plan their trip home during the traditional high season for repatriation.

"The Minister also reiterated that no refugee will be forcibly returned and reaffirmed his government's commitment to uphold international laws and standards relating to the protection of refugees," UNHCR spokesman William Spindler said.  "The Burundian peace process has paved the way for the return of one of Africa's longest staying refugee populations.  Since 2002, UNHCR has assisted the voluntary repatriation of over 485,000 Burundian refugees from the neighboring countries of Tanzania, Democratic Republic of Congo and Rwanda."

Mtabila (alternate spelling: Mbatila) refugee camp is located in northwestern Tanzania.  The camp has been open since the 1990s and is the last remaining camp hosting Burundian refugees.  The 36,000 refugees who were scheduled to leave Mtabila fled to escape the ethnic violence of the past sixteen years.

Once the last of the 36,000 refugees permanently return home, this last camp will finally close.

"There might be a residual caseload, a residual group of people staying behind and they would be integrated locally. And, we have programs for that," said Spindler.  "In some cases, some people have been - I mean after 20 years in the country, many of them have strong roots and they will not want to return home. So, they have the possibility of staying as well."

Tanzania also hosts the "1972" Burundian refugees in addition to those in the Mtabila camp.  In 2008, the Tanzanian government gave them a choice to return to their home country or to apply for Tanzanian citizenship.  Of those offered, 165,000 chose to stay while 55,000 returned to Burundi.

By the end of the year, UNHCR is scheduled to help repatriate the remaining 15,000 refugees of the 55,000 who chose to return home.

For more information, please see:

UNHCR - Tanzania Gives Burundian Refugees More Time to Return Home - 30 June 2009

UN News Centre - UN Lauds Tanzania's Decision to Give More Time to Return - 30 June 2009

VOA - Tanzania Gives Burundian Refugees More Time to Return Home - 30 June 2009

Impunity Watch - HRW Urges Uganda and Tanzania to Avoid Forced Return of Refugees – 19 June 2009

US Gives Somalia 40 Tons of Weapons and Ammunition to Aid in the War Against Terrorism

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

MOGADISHU, Somalia - The U.S. has sent weapons, ammunition, and funding to Somalia in an effort to keep the country from becoming a safe haven for foreign terrorists.
Islamist rebel groups who are allegedly linked to al-Qaeda have been attacking Mogadishu for months. 

The Somali government has appealed to the United States and other African countries for help in their efforts to ward off the rebels.

Soon after Somalia’s al Shabaab insurgents began their major offensive against the transitional federal government (TFG) in early May, the U.S. government decided to get involved. 

A senior State Department official told reporters that, “ we remain concerned about the prospects of an al Shabaab victory, and we want to do as much as we can to help the TFG.”

During its most recent offensive, the rebel army held a ceremony in Mogadishu, the countries capital, in which they chopped off the hand and foot from each of four men who were convicted of stealing cell phones and other items.

The constant bloodshed and violence in Somalia has caused massive amounts of refugees to flee to neighboring Kenya.  This year alone, the U.N. refugee agency has registered almost 38,000 new arrivals into these camps.  Sources from the United Nations High Commissioner for Refugees say that the vast majority of them are fleeing the situations in Somalia that have occurred from the Islamic insurgents trying to topple the government.

 (Source: AP)
This surge of refugees is putting a strain on the camps ability to properly provide.  Those fleeing from the violence could initially care less about the aged facilities or overflowing camps, as long as they reach safety from the bullets and poverty that plague Somalia; although they eventually suffer from the lacking refugee facilities as well.

“The consequences of not having a functioning water system and adequate latrines could be very severe. Certainly there could be a humanitarian catastrophe if these people are not getting enough water,” says Daniel Dickinson, Spokesman for the European Commission’s Humanitarian Aid Office.

Regardless of the Somali needs, U.S. aid does not come without its critics.  The Eritrean foreign affairs ministry said that, “U.S. misguided acts of intervention and supply of weapons have not, in the past years, advanced the cause of stability in Somalia.”   They argue that the U.S. will only aggravate and prolong the crisis.

For more information, please see:

AFP - Eritrea Slams US for Providing Weapons to Somalia - 27 June 2009

The Daily Nation - Al-Shabaab Should be Taught a Lesson - 27 June 2009

The Washington Post - U.S. Has Sent 40 Tons of Munitions to Aid Somali Government - 27 June 2009

AP -Somalis Create World's Largest Refugee Camp - 26 June 2009

Reuters - US Gives Somalia About 40 Tons of Arms, Ammunition - 26 June 2009

Nigerian Government Revealed 60 Day Amnesty Plan

By Kylie Tsudama
Impunity Watch Reporter, Africa

 President Umaru Yar Adua (source: AFP)

PORT HARCOURT, Nigeria - The Nigerian Government announced on Thursday that it had a plan for amnesty.  This offer is the government's attempt to end years of unrest between rebels and government forces over the oil in the region.

 (Source: AFP)

Leaders of four militant groups were willing to speak to the government.  Ateke Tom, Soboma George, Farah Dagogo, and Boy Loaf met with President Umaru Yar'Adua on Friday to discuss the amnesty plan.  The president offered presidential pardons in return for the rebel groups' disarmament.

Ateke Tom asked for the release of Henry Okah, leader of MEND (Movement for the Emancipation of the Niger Delta).  MEND is the largest armed group in the region and was not among the four groups willing to meet the president.  Okah was arrested in Angola in September 2007 for gun running and treason and was extradited to Nigeria last year.                                                                                 (Source: BBC)

The president is set to send a delegation to Angola to speak to President Jose Eduardo dos Santos.  Okah will be offered amnesty after the envoy returns from Angola, said Presidential spokesperson Olusegun Adeniyi.  He also said Okah could be freed if he accepted.                                                    

The formal amnesty program is set to begin on 06 August and last through 04 October.  The delay is necessary in order for the government to train personnel for the fifteen amnesty centers that will be set up.  The centers will be places of disarmament, education, and rehabilitation for militants and soldiers.  It is estimated that at least 20,000 could participate prior to the end of the program.

The Joint Task Force will not engage in any military action unless in self-defense during this period. 

"[Security Forces] will observe a ceasefire and respect all the terms of the amnesty. But if we are attacked, we will respond," said Air Chief Marshall Paul Dike, chief of the defense staff.

Leaders of the militant groups have yet to announce any agreement to the plan, saying only that they will announce if and when they will begin to surrender arms and ammunition to the government following their meeting with the president.

For more information, please see:

AllAfrica - Amnesty- JTF to Observe Sixty Day Ceasefire - 27 June 2009

Next - Niger Delta Offers Cautious Support to Amnesty Plan - 27 June 2009

Al Jazeera - Nigeria Army to Halt Delta Fighting - 26 June 2009

BBC - Nigeria 'To Release Key Militant' - 26 June 2009

Reuters - Nigeria Army to Halt Fighting, Rebels Want Meeting - 26 June 2009

VOA - Nigeria Says Amnesty Plan Key for Resolving Niger Delta Unrest - 25 June 2009

Impunity Watch - Tens of Thousands Caught in Niger Delta Violence - 23 May 2009

HRW Accuses Zimbabwe's Armed Forces of Torture and Forced Labor in Diamond Fields

By Dahee Nam
Impunity Watch Senior Desk Officer, Africa

NEW YORK, United States – Human Rights Watch said Friday that Zimbabwe's military has committed massive human rights violations, including murder, torture, and forced labor, in diamond fields in the eastern district of the country.   Zimbabwe government denied the allegations.

In a 62-page report released on Friday, HRW said the military killed more than 200 people, forced children to work in mines, and torture local people who get in the way in a takeover of the Marange fields last year.  The report is based on one-on-on interviews with more than 100 witnesses including local miners, police officers, soldiers, local community leaders, and victims.

Miners dig for diamonds in Marange, Zimbabwe, Wednesday, Nov. 1, 2006. (Source: AP)

"Soldiers in helicopters started firing live ammunition and tear gas at us.  We all stopped digging and began to run toward the hills to hide.  I noticed that there were many uniformed soldiers on foot pursuing us.  From my syndicate, 14 miners were shot and killed that morning," HRW quotes a local miner saying of the military's violent takeover of the Marange diamond fields in late October 2008.

A 13-year-old girl told HRW: "Every day, I would carry ore and only rest for short periods.  ...  We always started work very early in the morning before eight and finished when it was dark after six. All I want now is to go back to school."

The report also alleges that the profit from the diamond field is a revenue source for officials of President Robert Mugabe's ZANU-PF party, which has long been accused of human rights violations.  It says that while the diamonds could earn $200 million a month to the country, the Mining Development Corporation claimed only $15 million from gem exports in 2007.

"The police and army have turned this peaceful area into a nightmare of lawlessness and horrific violence," said Georgette Gagnon, Africa director at Human Rights Watch.  "Zimbabwe's new government should get the army out of the fields, put a stop to the abuse, and prosecute those responsible."

HRW also called on the Kimberley Process, an international alliance of industry, civic and government officials against the flow of “blood diamonds,” to press Zimbabwe and to urgently broaden the definition of "conflict diamonds" to include “diamonds mined in the context of serious and systematic human rights abuses.”   Kimberley Process said it will send a team to Marange diamond fields soon to assess alleged violations.

For more information, please see:

AFP - Kimberley Process to Send Team to Zimbabwe Diamond Fields - 26 June 2009

AP- Rights Group: Abuse in Zimbabwe Diamond Fields - 26 June 2009  

HRW - Zimbabwe: End Repression in Marange Diamond Fields - 26 June 2009

NY Times - Zimbabwe’s Diamond Fields Enrich Ruling Party, Report Says - 26 June 2009

VOA - Human Rights Watch Charges Massive Violations in Zimbabwe Diamond Zone - 26 June 2009

20 Female Inmates Raped in DR Congo Prison

By Kylie Tsudama
Impunity Watch Reporter, Africa

 

At least 20 women raped during attempted Goma prison break. (Source: AFP)

GOMA, DR Congo - A failed prison break attempt from a prison in Goma left 2 killed, 12 injured, and at least 20 women raped.

Beginning on Sunday night and leading into the early Monday morning hours, prisoners at Goma's central prison detonated two grenades, destroying walls within the building.  Congo police and militia quickly surrounded the prison preventing any escapes.

Generally the prisons are overcrowded, often mixing women, children, and soldiers with the general inmate population.  This Goma prison was built to hold 150 prisoners but is currently housing over 600. 

Human Rights Watch (HRW) has previously called on Congo authorities to improve the crumbling infrastructure and to protect vulnerable inmates but they failed to heed the warnings. 

"This is a horrific example of what has been happening across the prison system throughout Congo," said Anneke Van Woudenberg, HRW's senior Congo researcher.

The prison holds a number of rebel and militia fighters.  While it is unclear who was trying to escape, it is believed that ex-warlord Laurent Nkunda's CNDP (National Congress for the Defence of the People) and the Mai-Mai Militia were among the participants.

According to Oscar Kasangandjo, Goma's public prosecutor, at least 90% of inmates were jailed for "murder, rape and other grave offences." 

Rape has become a common occurrence in DR Congo this year, with a conservative estimate of over 400 cases having been committed in the last three months alone.  Among the most graphic of incidents, a 3-year-old girl was raped alongside her sisters at the hands of Hutu rebels in late May.  She died at the Goma prison earlier this month.

Jean Keba, an official from human rights group l'Association Africaine de Défense des Droits de l’Homme (ASADHO), says rape is frequent in Congo prisons.

In a statement issued, UN Secretary General Ban Ki-moon said, “This is a grim example of both the prison conditions and the level of sexual violence that plagues the DRC.  I call on the DRC authorities to bring to justice those who have committed these crimes and, more generally, to renew efforts to bring an end to the impunity too often enjoyed by perpetrators of sexual violence."

For more information, please see:

AFP - UN Chief 'Distressed' by DR Congo Rapes - 24 June 2009

IRIN -DRC: Mass Rape in Goma Prison - 24 June 2009

Feminist Majority Foundation - Rape Continues as a Weapon of War in the Congo - 24 June 2009

Daily Nation - 20 Women Raped in DR Congo Prison Riot - 23 June 2009

Reuters - Rioting Congo Prisoners Rape 20 Women - 23 June 2009

UN News Centre - Ban Deeply Distressed By Rape of Female Inmates at DR Congo Prison - 23 June 2009

A Milestone for Peace between North and South Sudan May be in the Works

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

WASHINGTON, United States -  On Tuesday, a forum met in Washington to discuss efforts to help Sudan apply the terms of the 2005 Comprehensive Peace Agreement that ended the 22-year civil war between the north and south.  Unfortunately the implementation of the peace accord has been difficult because the agreement has been plagued by mutual distrust and violence.

Tuesday’s convening group was made up of officials from the south’s Sudan People’s Liberation Movement (SPLM), the north’s ruling National Congress Party, foreign and development ministers from South Africa, Kenya, Ethiopia and the Netherlands, and also representatives from over 32 countries and organizations.

The hope is that Tuesday’s conference will rekindle international support for the 2005 peace accord.  The Obama administration wants the parties to settle disagreements that have slowed the implementation of the accord such as: election policies, the passage of security laws, wealth sharing, and the ongoing dispute over the future of Abyei. 

Abyei is Sudan’s richest oil-producing region, which straddles the northern and southern border.  Currently the Permanent Court of Arbitration in The Hague is adjudicating border claims in this region that are disputed by the north and south. 

The U.S. special envoy for Sudan, General Scott Gration, said both sides have agreed to work together to prevent the verdict from igniting violence.

(Source: AFP)      

US envoy Scott Gration speaks at a press conference in Khartoum, in April 2009.

If both sides do in fact accept and abide by the findings, it could present a chance for the renewal of this peace accord.  The timeliness of these actions is also important because only 160 days remain until the national elections of Sudan take place, and only 19 months until the referendum on the self-determination of southern Sudan.

The slow implementation of the peace accord has created fear that civil war could reignite and claim more lives.

"If the war in the south began again, it would make Darfur look like a Sunday picnic," said John Prendergast, co-founder of the Enough Project, an anti-genocide organization.

For more information, please see:

AP - US Envoy Says World Must Push for Peace in Sudan – 24 June 2009

UPI - Arbitration Said Key to Sudan Peace Deal - 24 June 2009

The Washington Post - White House Boosts Effort to Salvage North-South Peace in Sudan - 24 June 2009

VOA - Washington Forum Seeks Renewed Comprehensive Peace Deal for Sudan – 24 June 2009

IPS - Limited Progress Made to Rescue Peace Accord – 23 June 2009

Reuters – UPDATE 2 – US Urges Sudan to Carry Out North-South Peace Deal – 23 June 2009