Impunity Watch: Africa

Sudan's Inadequate Rape Laws

Refugees International issued a report on Friday concluding that Sudan must overhaul its rape laws in order to protect its citizens.  Rape victims currently have almost no access to medical care or justice and may even risk being prosecuted for having sex outside of marriage.   The report also stated that government soldiers and related militia are often responsible for the attacks.  Khartoum however continues to deny that rape has been used as a weapon of war in Darfur and says that Sudan already punishes rape harshly enough.   

Since the conflict in Darfur began four years ago, more than 2 million people have been displaced and it is estimate that at least 200,000 have died.  According to the report, the rape of women in Darfur has been occurring on a massive scale.  The government military, security services, police and border guards, and Janjaweed militias are all granted immunity.  The report also stated that the government continues to harass non-governmental organizations who work with rape victims and doctors who provide treatment. 

Refugees International states that the government is more likely to punish and take action against those who report the rape, rather than those actually guilty of the crime.  The report states that although the high incidence of sexual violence against women and girls has been highly documented, existing regulations make it “all but impossible” to prosecute the rapists.  Women who report a rape are often prosecuted for having sex outside the marriage, punishable by 100 lashes or death by stoning. 

The report includes 24 recommendations for changes, including the need for more judges and police officers, and expanding its definition of rape to include sexual assault with objects, such as rifle barrels. 
Download the full report

For more information, please also see:

BBC - Sudan rape laws ‘need overhaul’

AllAfrica - Urgent Need to Reform Rape Laws, Says NGO

Reuters - Sudan must rewrite rape laws to protect victims

Sudan Tribune - Sudan must reform law to end rape in Darfur – aid group

Niger rebels release 30 wounded soldiers

Rebels in Niger released 30 wounded soldiers to the International Committee of the Red Cross (ICRC) today in the Sahara desert.  The rebel group Niger Movement for Justice (NMJ) has carried out a number of raids on military targets in the northern region.  Last week they killed 15 soldiers and took dozens hostage during a raid on a remote army outpost.   The 30 most seriously wounded were released, however several hostages still remain.

Niger is a former French colony whose vast desert has long been a location and hotbed of dissent, which has largely been beyond the government’s control. Niger’s government, more than 1,000 km away in the capital, is hoping to cash in on the vast reserves of uranium by granting dozens of new exploration permits, particularly to the Chinese. 

The NMJ has come out strongly against this proposed plan.  A spokesman told Reuters that they “condemn what's being done: giving extraction, exploitation and exploration permits to China. ... They're not welcome because they don't work with locals, they don't employ locals, and they respect the environment even less."

The MNJ claims their campaign against the government is also in retaliation for the arbitrary arrests and killing of civilians in the north during security clampdowns. At least 33 soldiers have been killed since the rebels launched their campaign in February. 

For more information please see:

BBC News - Niger Rebels Free Wounded Troops

AlertNet - Sahara Uranium

AlertNet - Niger rebels hand wounded prisoners to Red Cross

Independence Online, South Africa  – Niger rebels hand prisoners to Red Cross

Zimbabwe’s Spiraling Inflation

Zimbabwe is battling a down spiraling inflation rate. The official rate is 4,500 %, the highest in the world for a country not in war.

In an effort to curb inflation rates, which increased by 300 % in the last week alone, the government ordered a price cut on basic commodities such as bread, milk and oil. The price cut took effect on Tuesday. However, several struggling companies have ignored the governments order and continued raising prices.

In essence, the government is ordering factories to sell goods at prices lower than production costs. Reluctant to violate new laws prohibiting criticism of the government, one storeowner explained that it could not simply slash prices in the middle of production.

President Mugabe is blaming the West, specifically Britain, for persuading factories to defy price reduction in an effort to overthrow him. During the funeral of a top military official, Mugabe warned that if factories continued their “dirty tricks” he would seize and nationalize all companies.

In 2000, Mugabe forcibly seized white owned farms and gave them to the landless blacks. Critics blame this seizure for the present state of the economy. Furthermore, economists warn that price cut strategies will likely lead to shortages and factory closures. Economic analyst Tony Hawkins, suggests that Mugabe’s threat to seize companies is another ploy to win the 2008 election.

In the meantime, the United States and the European Union has imposed a travel ban and an asset freeze on President Mugabe and other leading officials.

For more information please see:

“Mugabe threatens to seize firms over ‘dirty tricks’” Yahoo News: http://news.yahoo.com/s/nm/20070627/wl_nm/zimbabwe_mugabe_nationalisation_dc;_ylt=AlqEtdp6rpjdmy8Jqjemxjm96Q8F 27, June 2007.

“Zimbabwe to cut prices ‘by half’” BBC: http://news.bbc.co.uk/2/hi/business/6240636.stm 26, June 2007.

“Zimbabwe government orders price cuts” Yahoo News: http://news.yahoo.com/s/ap/20070626/ap_on_re_af/zimbabwe_prices;_ylt=At1ukDFEl5A9pF6yscgxYC296Q8F 26, June 2007.

Charles Taylor Trial Delayed

The trial against former Liberian President Charles Taylor was set to resume Monday in The Hague, however Taylor once again refused to attend.  When opening statements began on June 4, Taylor refused to appear in court, instead sending a letter to the judge calling the court "a charade that does injustice to the people of Sierra Leone."  Taylor claimed he could not receive a fair trial and fired his attorney, Karim Khan, stating he wished to represent himself.  Following opening statements the trial was in recess until Monday, when witness testimony was scheduled to begin.

Monday brought neither new defense attorneys for Taylor, nor an appearance by the accused, and the trial was once again put on hold.  Justice Julie Sebutinde issued a terse warning against "undue delay" but was nevertheless forced to continue the trial until July 3.  The purpose of the delay is to appoint a new defense team to Taylor, who has claimed he will not appear in court until he is provided with enough resources to match those of the prosecution. He continues to assert that he will act as his own attorney unless he can be represented by a Queen's Counsel (a high-level British lawyer).

The prosecution objected to the delay, stating that Taylor had intentionally tried to delay proceedings by waiting until the start of trial to fire his lawyer.  However, Justice Sebutinde ruled that adequate resources had to be provided to the defense and that the court's registry has not moved quickly enough to ensure they were in place.

Taylor faces 11 charges of war crimes, crimes against humanity, and violations of international humanitarian law for acts which allegedly occurred during his involvement with the Sierra Leone civil war. 

Last week the Sierra Leone Court issued its first verdicts, convicting three former Sierra Leonean military leaders on multiple counts of war crimes, including the first ever conviction by an international court for the use of child soldiers. The three men convicted were former leaders of the Armed Forces Revolutionary Council, a group of former military officers who overthrew Sierra Leone's government in 1997 and then teamed up with rebels to control the country.  Prosecutors allege the rebels were among those supported by Taylor.

For more information, please see:

CNN - Taylor Boycott Forces Delay

BBC - Liberia's Taylor trial adjourned

AllAfrica.com - Liberia: Sebutinde Warns Taylor On Boycott

AllAfrica.com - Liberia: Defiant Taylor's Request Granted

Somalia: Violence despite Curfew

The violence in Somalia continues despite the curfew invoked by the government, effective this past Friday, after weeks of bloodshed. Anyone outside his or her home between 7 pm and 5 am will be arrested. Somalia’s intelligence chief Mohamed Warsame Darwish says the curfew is a necessary means to tackle the violence in the evening and secure the city.

The curfew comes after a bombing in the main Bakara market in Mogadishu on Thursday. At least five people were killed, four police officers and one civilian, when a masked man threw a grenade at several policemen patrolling the crowded marketplace in the capital of Somalia.

Somali policemen continue to be the targets of violence. Early last week two people were killed when insurgents attacked two police stations.

The government and its allied Ethiopian troops have been battling insurgents for nearly six months. The government has accused the Islamists and Mogadishu’s dominant Hawiye clan for Thursday’s bombing.

A national reconciliation conference is scheduled for next month and both the Hawiya clan and Islamists have been invited to create a peaceful resolution. However, neither group has elected to attend or discuss peace until Ethiopian troops are removed from the country.

The Union of Islamic Courts (UIC) controlled the government for six months last year until Ethiopian and government troops ousted the Islamic group.

In the meantime, as malnutrition increases in Somalia, about 140 UN trucks carrying food aid to Somalia were forced to remain in the Kenyan border for more than a month. Kenya closed its border to Somalia in January after hundreds of thousands migrated to the neighboring country following the increased violence. The Kenyan land route was chosen after pirate attacks threatened the safety of seamen and cargo.

Today, with the arrival of food and aid, at least three people were killed when hundreds of people stormed a police station where food was being handed out. One witness, whose brother was among the victims, reports that the police opened fire and killed five people. Another witness describes the killing as cold-blooded murder.

For more information please see:

“Shooting at Somali food aid crush” BBC: http://news.bbc.co.uk/2/hi/africa/6238046.stm 25, June, 2007.

“Somalia Food Aid Trucks Stranded” BBC: http://news.bbc.co.uk/2/hi/africa/6230030.stm 22, June 2007.

“Somalia violence kills 6; curfew imposed” Yahoo News: http://news.yahoo.com/s/ap/20070621/ap_on_re_af/somalia;_ylt=Alw5rEf6Ryk5w20612IRVgW96Q8F 21 June, 2007.

“Curfew after Somali grenade blast” BBC: http://news.bbc.co.uk/2/hi/africa/6228084.stm 21, June 2007.

New UN Report says Sudan conflict fueled by climate change

A recent report by the UN Environment Programme (UNEP) has concluded that the conflict in Darfur is being driven and fueled by climate change and environmental degradation.  This report follows an eighteen-month study of Sudan and concludes that Darfur holds grim lessons not only for their own country, but for other countries at risk, particularly Chad and southern Africa.   The report also warns that the Darfur tragedy could be repeated throughout North Africa and the Middle East as the result of growing populations fighting over limited water supplies and resources.

The precarious peace signed between north and south Sudan in 2005 may be at risk, due to declining rainfall and the advancement of the Sahara.  The resulting tensions between farmers and herders over evaporating water holes and disappearing pastures threaten to reignite the half-century war.  The southern Nuba tribe has warned that they could “restart the war” because Arab nomads – themselves pushed south due to a drought – are cutting down their trees to feed their camels. 

Estimates of casualties from the Darfur conflict range from 200,000 to 500,000.  The immediate cause was a regional rebellion, which the government responded to by recruiting Arab janjaweed militia members to ethnically cleanse the African population.  The UNEP study suggests that the actual genesis of the conflict is to be found in the decrease in rainfall and spreading desertification, and the resulting conflict between African farmers and Arab nomads fighting over water and land.

UN Secretary General, Ban Ki-moon, stated to the Washington Post: "Almost invariably, we discuss Darfur in a convenient military and political shorthand - an ethnic conflict pitting Arab militias against black rebels and farmers. Look to its roots, though, and you discover a more complex dynamic. Amid the diverse social and political causes, the Darfur conflict began as an ecological crisis, arising at least in part from climate change." 

The Darfur crisis has in turn exacerbated the environmental degradation, sending more than two million refugees into camps.  Deforestation has accelerated and underground aquifers are being drained in order to support the large numbers.

The report contains recommendations and proposed measures that if implemented are estimated to cost $120 million over three to five years. The Sudanese GDP in 2005 was $85.5 billion.

All Africa.com  UN Report Says Environmental Degradation Triggering Tensions

BBC  Sudan ‘must address climate ills’

Guardian Darfur conflict heralds era of wars triggered by climate change, UN report warns

VOA News  UN Program Finds Environment Degradation Triggers Conflict in Sudan

Mail & Guardian  UN: Environmental woes a cause of Sudan conflict

The Age (Australia)  Sudan war fueled by climate change: UN

Guilty Verdicts for using Child Soldiers

The guilty verdicts were declared for three men accused of being co-conspirators and participants of war crimes in Sierra Leone. Alex Tamba Brima, Brima Kamara and Santigie Borbor Kanu were alleged leaders of the junta, the Armed Forces Revolutionary Council (AFRC), responsible for toppling Sierra Leone’s government in 1997. The group later formed an alliance with the notorious Revolutionary United Front (RUF) rebels to control the country until 1998.

The court found the three defendants, who pleaded not guilty to all charges, guilty of 11 of the 14 charges including terrorism, using child soldiers, enslavement, rape and murder. They were acquitted of sexual slavery and other inhumane acts. Sentencing is scheduled for July 16th.

These are the first verdicts made by the Sierra Leon UN-backed war crimes court. More importantly the verdicts mark the first conviction in an international court for enlisting children under the age of fifteen into armed forces or groups and using them to participate actively as soldiers.

Roughly 30,000 children, in Sierra Leone alone, were conscripted into the war. In Liberia, former President Charles Taylor’s men are accused of creating the Small Boys Unit that “enlisted” young boys whom they baptized Babykillers. Although children have been used in war, never before was their involvement more obvious.

Backed by Liberia’s former president Charles Taylor in exchange for “blood diamonds,” the AFRC and RUF held power from 1997 to 1998. During that period thousands of women were raped and turned into sex slaves. About half a million people were brutally murdered. Those not killed by the rebels’ trademark of hacking off limbs, were forced to work in the mines to fuel the devastation.

The Special Court for Sierra Leone was set up following the end of fighting in 2002 with the help of the United Nations. Although the convictions of the three leaders of the ARFC mark a vital step, many criticize the slow progression of trials. To date the court has indicted 12 people, including Charles Taylor, out of the thousands who committed these crimes and who continue to enjoy impunity. Of the 12 people indicted, three have since died before trial including the notorious leader of RUF Foday Sankoh.

Amnesty International said while Thursday’s verdict was a positive step, it should not be the closing chapter in the struggle to achieve justice for the terrible crimes committed against the people of that country. Thousands of others must be held criminally responsible and reparations must be provided to the victims.

Taylor’s trial is scheduled to resume next week.

For more information please see:

“Sierra Leone: Guilty Verdicts Not the End of the Story for Victims of War Crimes” AllAfrica.com: http://allafrica.com/stories/200706210867.html 21, June 2007.

“Sierra Leone convicts 3 of war crimes” Yahoo News: http://news.yahoo.com/s/ap/20070620/ap_on_re_af/sierra_leone_war_crimes;_ylt=ArKEG5bDLKwYGiD8uMyIpcm96Q8F 20, June 2007.

“First S Leone war crimes verdicts” BBC: http://news.bbc.co.uk/2/hi/africa/6221112.stm 20, June 2007.

“Country Profile: Sierra Leone” BBC: http://news.bbc.co.uk/2/hi/africa/country_profiles/1061561.stm 20 June, 2007.

Namibia: Seeking Solutions to Gender-Based Crimes

Hundreds of stakeholders were prompted to meet at Windhoek for a four day national conference to seek solutions to the string of horrible and cruel forms of violence that is plaguing Namibia. 350 delegates representing government, civil society, traditional leaders and religious groups came together on Tuesday to find a solution to the thorny issue of gender-based violence.

The meeting came together two days after the latest incident in which a young woman was murdered and her head, legs and arms were savagely hacked off. The remaining parts of her body was dumped in a bin on the road between Okahandja and Windhoek.

Marlene Mungunda, Minister of Gender Equality and Child Welfare, says these incidents show that Namibia is fighting a vicious enemy. She stated that the problem called for "watertight strategies."

The police have been criticized for failing to arrest perpetrators committing gender-based violence, especially those committing crimes that are gruesome and shocking to the public. The minister made a passionate appeal to the Namibian police and other law enforcers to assure that the perpetrators of gender-based violence, particularly those committing bizarre murders, are arrested.

Namibia is among countries in the SADC region that have good legislation on children and women's rights. However, the effective implementation of these laws is being doubted in some regions.

Norman Tjombe, Legal Assistance Centre (LAC) Director, said, “Gender-based violence is Namibia's main human rights problem.” Tjombe singled out rape and said 60 rape cases out of 100, 000 persons in the country are recorded every year. While society has viewed rape as an incident where the female is always the victim and the male the perpetrator, shockingly one out of 14 victims is a man or a boy.

The conference is being held under the theme "Unifying Action to Eliminating Gender-Based Violence in Our Society."

For more information please see:

"Namibia: Meeting to Thrash Out Gender Violence." AllAfrica.com. http://allafrica.com/stories/200702210785.html 19 June 2007. 

"Namibia: Mungunda Calls On 'Supernatural' to Help Fight Violence." AllAfrica.com. http://allafrica.com/stories/200706200721.html 20 June 2007.

"Namibia: Violence Conference Begins Huge Task." AllAfrica.com. http://allafrica.com/stories/200706200596.html 20 June 2007.

Sierra Leone Court Hands Down First Convictions for War Crimes

The Special Court for Sierra Leone, a UN-backed court, issued its first verdicts today, convicting three former junta leaders of war crimes.  The court found the three defendants - Alex Timba Brima, Brima Bazzy Kamara, and Santigie Borbor Kanu - guilty of 11 of 14 charges, including terrorism, the use of child soldiers, enslavement, rape, and murder.  No judgments were issued on the charges of sexual slavery and inhumane acts related to sexual violence, and all three were acquitted of "other inhumane acts" related to physical violence.  The three defendants were commanders of the Armed Forces Revolutionary Council (AFRC), former government soldiers who split from the army and sided with the RUF rebels during the conflict.

Corrine Dufka, a senior researcher at Human Rights Watch, said that today's verdict marks a watershed.  "It's the first time that an international court has issued a verdict on child recruitment."  David Crane, the founding prosecutor for the Sierra Leone court agreed.  "It's a huge moment for children around the world who have been oppressed in these conflicts.  This particular judgment sets the cornerstone forever - those who recruit children into armed force are criminally liable."

The Special Court for Sierra Leone was established following the end of fighting in 2002 to prosecute the worst offenders.  It is estimated that half a million people were the victims of killings, systematic mutilation and other atrocities during the 1991-2002 conflict.  To date, the court has indicted twelve people, including former Liberian president Charles Taylor who is accused of backing the rebels.  Three of the suspects have since died and the location of one is still unknown.  Taylor is currently facing trial in The Hague due to fears that the case would trigger violence.  Taylor is also linked to abuses in his own country, but Liberia has opted for a truth and reconciliation commission rather than a court.

For more information, please see:

USA Today 3 convicted of Sierra Leone War Crimes

Chronicle Journal Sierra Leone court convicts three junta leaders of war crimes in civil war

CNN Sierra Leone war crimes court convicts 3

ABC Sierra Leone court delivers first war crimes verdicts

Yahoo News Sierra Leone court to deliver first war crimes judgment

Mail & Guardian Sierra Leone court delivers first war-crimes verdicts

Land and People Misplaced in Ethiopia

Several weeks ago the UN Security Council received a letter from the Ethiopian government accepting the commission’s decision to award the town of Badme to Eritrea. The agreement arrives five years after Ethiopia initially promised to comply with the UN’s 2002 ruling.

Eritrea gained its independence from Ethiopia in 1993 after 30 years of guerilla war. For two and a half years the two countries fought over the town of Badme until they agreed to a truce to cease hostility in 2000.

Ethiopia’s letter to the UN Security Council required Eritrea to comply with the 2000 truce and if violated to be sanctioned by the commission. In response to Ethiopia’s conditional acceptance, Eritrea issued its own letter blaming the UN for failing to force Ethiopia to turn over the town.

The Security Council met with African Union and Ethiopian officials in Addis Ababa this past weekend to discuss border issues and possible resolutions.

The Security Council was greeted by thousands of Ethiopian Jews in Addis Ababa waiting to get to Israel. In 2005 Israel unofficially promised to relocate Ethiopian Jews who claim their families were forced to convert to Christianity in the 19th century, known as the Falashmura, by the end of 2007.

Under Israel’s “law of return” anyone who is Jewish or has a Jewish relative or spouse is granted automatic Israeli citizenship. However, Ethiopian Jews in Israel are claiming that the government is discriminately blocking their relatives’ immigration.

Instead, thousands of Ethiopian Jews, who have abandoned their home and livelihood, are living on little hillocks near the Israeli embassy in Addis Ababa, waiting in vain to get to the Promise Land.

For more information please see:

“Ethiopian Jews in limbo, waiting to get to Promised Land” Yahoo News: http://news.yahoo.com/s/afp/20070614/lf_afp/ethiopiaisraeljewsimmigration;_ylt=AosjTm6H5qpt91E97ZIc5eC96Q8F 14 June, 2007.

“Ethiopian troops attacked in Somalia” Yahoo News: http://news.yahoo.com/s/ap/20070615/ap_on_re_af/somalia;_ylt=AkXEKW6aLU22Z1OLRfq9pgS96Q8F 15 June, 2007.

“Ethiopia agrees to give town to Eritrea” Yahoo News: http://news.yahoo.com/s/ap/20070615/ap_on_re_af/un_ethiopia_eritrea;_ylt=AtQziQ.ttWflrNM1fkXOfdi96Q8F 15 June, 2007.

“Country Profile: Eritrea” BBC: http://news.bbc.co.uk/2/hi/africa/country_profiles/1070813.stm 9 March, 2007.