Impunity Watch: Africa

ICC Chief Prosecutor Urges Arrest of LRA Leader, Joseph Kony

By: Julie Narimatsu

Impunity Watch Managing Editor -  Journal

Chicago, USA - During a conference in Chicago this past weekend, honoring the tenth anniversary of the Rome Statute, which created the International Criminal Court, Chief Prosecutor Luis Moreno-Ocampo insisted upon the arrest of Joseph Kony.  Kony is the leader of the Lord's Resistance Army (LRA), a Ugandana rebel group, which has been engaged in a two decade long conflict with northern Uganda.  Citing war crimes and crimes against humanity, Moreno-Campo asserted that with the arrest of Kony will come peace, and that not enough is being done to do this.   

While considered a "small militia," Moreno-Ocampo emphasized the debilitating effect it has had in the region.   The group has been fighting Museveni's government since 1988, and the conflict has resulted in the deaths of tens of thousands and the displacement of over 1.5 million.  The LRA's tactics focus on civilians, utilizing children as soldiers and women as sex slaves.  In November of 2003, the UN Under-Secretary General for Humanitarian Affairs and Humanitarian Relief Coordinator, Jan Egeland, called the crisis one of the worst in the world.

In 2005, the ICC issued its first arrest warrants for Joseph Kony and four other leaders of the LRA, under some criticism that this would undermine the peace process going on at the time.  In July 2006, the LRA was engaging in peace talks, albeit without the participation of Kony, who was allegedly in hiding to avoid prosecution.

Recently, there have been reports that the LRA has begun another violent campaign in the Central African Republic, Sudan, and the Democratic Republic of Congo. Kony also failed to appear at an April 10th meeting to sign a peace deal after two years of negotiations.  Kony had previously stated that he would not sign a peace deal until the ICC quashes the arrest warrants against him and other LRA leaders. 

ICC efforts towards Kony's capture had been suspended because of these negotiations; however, Moreno-Campo suggested this was a mistake that did nothing but "lead to impunity" and "allowed Kony to rebuild."

For more information, please see:

IWPR.net - ICC Chief Prosecutor Talks Tough - 28 April 2008, http://www.iwpr.net/?p=acr&s=f&o=344364&apc_state=henh

impunitywatch.net - Kony and LRA Commanders Demand ICC Lift Warrants Before they Agree to Sign Peace Deal - 16 March 2008, http://www.impunitywatch.com/impunity_watch_africa/2008/03/kony-and-lra-co.html

IRIN Africa - UGANDA: Kony will eventually face trial, says ICC prosecutor - 7 July 2006, http://www.irinnews.org/report.aspx?reportid=59585

iccnow.org - Uganda (Part I): ICC Prosecutor invites Kony to defend himself before the Court - 6 July 2006, http://www.iccnow.org/?mod=newsdetail&news=1878

McNabb Associates - International Criminal Court (ICC)—Uganda Situation: Kony Rejects Amnesty - 7 July 2006, http://www.internationalcrimesblog.com/2006/07/international-criminal-court-iccuganda_07.html

BRIEF: Somalian Civilians gunned down by Ethiopian Troops

MOGADISHU, Somalia  –  Twelve civilians have been shot dead by Ethiopian Troops, according to eyewitnesses in the town of Baidoa. Reports say that the Ethiopians, stationed in Baidoa to help the Somalian government forces oust Islamists, opened fire indiscriminately without provocation. The firings took place in a crowded street and also injured several other bystanders.  The shootings appeared to be an act of revenge, stemming from the deaths of two soliders killed by a roadside bomb. Eyewitness Jama Haji called the scene “horrific” adding, “blood has been spilt all over and I saw about ten bodies lying in the middle of the road.”

An Ethiopian Officer, speaking from Mogadishu, claimed the blast, not the Ethiopian troops, was responsible for the deaths. No group has claimed responsibility for detonating the roadside bomb, but police officials linked the attack to Islamists, who have waged a guerilla war since Somali troops ousted Islamic Courts rulers from Mogadishu in early 2007.

The attacks came as diplomats pushed peace talks between government officials and the opposition alliance, including Islamists.

For more information, please see:

BBC News  – Civilians funned down in Somalia – 30 April 2008

Garowe Online – Ethiopian Soldiers Kill 12 Civilians After Roadside Bomb Attack – 30 April 2008

Zimbabwe election recount expected to be ‘completed today’

 By Ted Townsend
Impunity Watch Reporter, Africa

HARARE, Zimbabwe –  Four weeks of tumult could end today, as Zimbabwe election officials expect to complete a partial recount from the disputed presidential poll. Once completed, the candidates can begin verifying the results. Robert Mugabe, ruler of Zimbabwe since its independence from Britain in 1980 and member of the Zanu-PF party and Morgan Tsvangirai, leader of the opposition Movement for Democratic Change (“MDC”) have been invited to a “verification and collation exercise.” There, they will compare their own tallies with the ZEC’s. Once the results have been agreed upon and verified, they will be released, although chairman of the Zimbabwe Electoral Commission (“ZEC”) George Chiweshe added “I can’t say exactly when.”

Mugabe’s Zanu-PF party has already conceded it lost control of parliament for the first time since independence from Britain. A recount of the vote in 18 out of 23 constituencies showed that the MDC were victorious.  Analysts claim the recount is a delaying tactic, aimed a securing victory for Mugabe through a campaign of violence.

Even if the results are announced, it is highly likely the candidates would dispute the figures, further delaying the announcement of results another week.

Political analysts say that the economic collapse of Zimbabwe would deepen if Mugabe wine. If Tsvangirai and the MDC win, it is highly likely that Western powers will provide aid and investment to the formerly prosperous country.

The long-awaited announcement comes as the humanitarian crisis deepened in Zimbabwe. Last Friday, around two hundred activists were rounded up in a raid of the MDC headquarters and arrested. Lawyers appealed Monday, saying the supporters should be either released or charged. According to the lawyers, some of the detainees needed medical attention. The MDC counts among those arrested many who had sought shelter from retribution at the hand of Zanu-PF militants.

Annabel Hughes, the former executive director of the Zimbabwe Democracy Trust, said that the authorities who staged the raids and made the arrests “may have been trying to limit the impact of local outcry from the electoral commission’s expected findings.”

In the wake of the disputed election, at least fifteen MDC members have been killed, and hundreds displaced. The MDC claims one of the victims was a five-year old boy, Brighton Mbwera, who allegedly burnt to death after his house was set on fire by supporters of Mugabe. The UN High commissioner for Human Rights, in response, said she was “particularly concerned about reports of threats, intimidation, abuse and violence towards … representatives of civil society.”

For more information, please see:

BBC News – Zimbabwe parties to check results - 28 April 2008

AFP – Zimbabwe defies Western pressure over election results – 28 April 2008

AFP – Zimbabwe lawyers bid to free opposition activists – 28 April 2008

Voice of America – Humanitarian Crisis Deepens as Zimbabwe Nears Election Verdict – 28 April 2008

Reuters Africa – Candidates to vet Zimbabwe presidential poll count – 28 April 2008

Times Online – Zimbabwe: presidential poll recount ‘completed today’ as Robert Mugabe loses control of parliament – 28 April 2008

BBC Reports that UN Peacekeepers Armed DR Congo Militias

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

DR Congo - The BBC reports that the United Nations (UN) has covered up claims that Pakistani and Indian troops working as UN peacekeepers in the Democratic Republic of the Congo gave arms to militias and smuggled gold and ivory. UN peacekeepers working around Goma had direct interaction with the militia responsible for the Rwandan genocide.

UN insiders have said that they have been prevented from pursuing the inquiries for political reasons.

The UN said that it was unable to substantiate claims of arms dealing in a 2007 investigation.

The wrongdoing reported by the BBC also includes peacekeepers trading arms for gold with the FNI militia and using a UN helicopter to engage in trading ammunition for ivory.

This story comes just three days after renewed fighting between government troops and rebel Democratic Forces for the Liberation of Rwanda (FDLR) forced the UN to halt the distribution of food to internally displaced persons.

Hundreds of people have fled the recent violence, and there is now an estimated 860,000 internally displaced persons near the border between Rwanda and Uganda in North Kivu.

Most of those arriving at locations for internally displaced persons are women and children. Some reported that their homes were destroyed.

For more information, please see:

BBC News - UN troops 'armed DR Congo rebels' - 28 April 2006

AFP - Violence forces halt to UN relief in DR Congo province - 25 April 2008

UN News Center - Hundreds flee new violence in strife-torn region of DR Congo, UN agency says - 24 April 2008

BRIEF: MDC Retains Power Following Increased Political Violence

HARARE, Zimbabwe – The Movement for Democratic Change (MDC) has retained its parliamentary majority after recount results for 18 of 23 contested seats were released. This news comes after the MDC headquarters and the headquarters of an independent monitoring group were raided on Friday. Hundreds of people were arrested in the raids.

Police said that on Friday they arrested 215 people suspected of political violence while the MDC says that some of those arrested were taking refuge from political violence. It is reported that none of those arrested have been charged.

The Herald, the state run daily newspaper, reported that the office of the Zimbabwe Election Support Network (ZESN) were searched to find evidence that the ZESN paid ZEC officials to alter the election results.

Also on Friday, Human Rights Watch (HRW) said that a campaign of organized terror and torture against opposition activists and citizens by the Zanu-PF and state security forces has intensified.

IRIN wrote that several churches reported that people are being abducted, tortured, and forced to attend meetings where they are told “they voted for the wrong candidate." In some cases, people are reported murdered.

For more information, please see:

BBC News - Mugabe parliament loss confirmed - 26 April 2008

The Herald - Police swoop on MDC-T HQ nets 215 - 26 April 2008

IRIN - ZIMBABWE: Police swoop on injured MDC supporters - 25 April 2008

 

Update on Charles Taylor Trial

The Times

By Ted Townsend
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The trial of former Liberian president Charles Taylor will run out of funds in autumn. The court is struggling to garner the voluntary contributions it relies on to remain functioning. The Special Court relies solely on states voluntary payments, rather than assessed UN contributions. Four states have “borne the brunt” of the financing – the U.S., Canada, Britain and the Netherlands. Herman von Hebel, the registrar, called the obtaining of funds “going around with a begging bowl.” The court needs $68 million to complete its work by 2010, however only has secured funding of $23 million guaranteed. This present funding can only last until autumn.

Further, complaints about prosecution witnesses being paid are growing louder. Some of the most valued testimony from the prosecution side has been from insiders, some of whom are receiving payments for food, medical and childcare expenses. The defense claims these payments skew testimony for the highest bidder. This “corrodes the whole system of justice that the international tribunals are supposed to be upholding.” The prosecution, led by American prosecutor Steven Rapp counters the defense’s allegations, stating that witnesses are only being reimbursed expenses and that “nobody is being enriched through testifying.”

Inside the courtroom, testimony continued this week with prosecution witness Alimamy Sesay.  Sesay relayed accounts of rebel atrocities against citizens. Sesay told the court that, as a member of the ‘West Side Boys,’ he and others decapitated civilians and mounted their heads as sign posts at check points. Further, they would seal off houses and set them on fire “with civilians crying inside them until death.” He also testified that they ordered eight to fifteen year old boys that had been forced into the army to have sex with eight to ten year old girls. Under cross-examination, Sesay said rebel commanders were aware of the abuses, saying “nobody did anything about it … they told the boys (to) enjoy yourselves.”

Sesay also testified that Taylor supplied the Armed Forces Revolutionary Council, who temporarily seized power in 1997, with arms. Further, Taylor allegedly told them that they would be able to obtain diamonds from Kono Township, with they could bring to Liberia to purchase arms.

Defense lawyer Morris Anyah unsuccessfully objected to the new evidence of atrocities. Anyah attempted to claim the new revelations brought out by Sesay were not part of the initial charges against Taylor, and should not be admitted in the middle of the trial.  In his motion to the court, Anyah claimed “all we are proposing is that any allegations of atrocities, as far as notice is concerned (should be limited to those areas (already admitted). The amount of atrocities and evidence they have adduced so far is large enough to place anybody on the face of the earth on notice.” The court however, declined the motion, saying that the atrocities, while not initially included in the indictment against Taylor were pertinent to trial.

Also this week, lawyers for each side made statements regarding the political nature of the trial. Prosecution lawyer Taylor Nicholas Koumjiam referred to the Revolutionary United FRONT as a “terrorist army.” Defense counsel countered, saying the trial of his client was political in nature. Terry Munyard, at an outreach session organized by the special court, said that “other nationals have committed the same crime Taylor was accused to have committed but they have not been prosecuted in any criminal court.

Furthermore, despite assurances that he would testify, Taylor’s vice president Moses Blah failed to show up at trial last week. Chief Prosecutor Stephen Rapp said that he had been in touch with Blah, who had asked for more time because of medical considerations and other reasons. “We want to make sure the situation with his security, the situation with his family and his health are well in hand before he travels,” Rapp added. The former vice president who became president after Taylor’s resignation faces a jail term if he fails to show for court.

For more information, please see:

The Times – Money troubles at trial of first African leader to face a war crimes court - 22 April 2008

allAfrica.com (citing Concord Times) – Ex-Leader Fails to Show Up at Taylor Trial – 22 April 2008

The Trial of Charles Taylor - Last accessed 25 April 2008

allAfrica.com (citing Concord Times) – RUF Terrorist Army Created By Taylor – 23 April 2008

allAfrica.com (citing Concord Times) – ‘Taylor’s Trial is Political’ – 24 April 2008

Awareness Times – Witness Testifies on Taylor’s Backing of AFRC – Witness tells court – 21 April 2008

Partial Zimbabwe Recount Results Released; US Says Tsvangirai “Clear” Victor

By M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

HARARE, Zimbabwe – The Zimbabwe Electoral Commission (ZEC) has released results for 2 of the 23 constituencies in which recounts are under way. The opposition Movement for Democratic Change (MDC) and the ruling Zanu-PF party each retained one seat maintaining the status quo for the moment.

The Zanu-PF needs to win 9 seats in the recount to overturn the current MDC parliamentary majority. 

The MDC alleges that president Mugabe and his ruling Zanu-PF party are engaging in violence and intimidation in order to prepare for a presidential run-off election. Justice Minister Patrick Chinamasa has denied the MDC’s claim that 10 people have been killed in the reported violence.

British Prime Minister Brown has called for an international arms embargo on Zimbabwe following South African port workers refusal to unload cargo from a Chinese ship carrying ammunition, rocket propelled grenades, and mortar rounds destined for Zimbabwe. The European Union has had an arms embargo against Zimbabwe in effect since 2002. 

The United States is reportedly pressuring Angola and Nambia to not allow the ship to dock at any of their ports. Angola and Nambia are allies of the ruling regime in Zimbabwe.

Chinese foreign ministry spokesperson, Jiang Yu, has said that the ship delivering arms to Zimbabwe is being recalled. She also said that the arms are part of the normal trade between the countries and were not delivered in response to the current situation in Zimbabwe. 

When asked about reports of Chinese soldiers on the streets in Zimbabwe, Yu said that there are several Chinese professors teaching at Zimbabwe military schools who may have been observed in the streets.

The international community is also stepping up pressure on neighboring countries to increase pressure on President Mugabe. Jendayi Frazer, a top U.S. envoy, stated that Morgan Tsvangirai was the clear winner of the presidential election. Frazer was in South Africa at the beginning of his tour to lobby for increased pressure on Zimbabwe.

Frazer is quoted by the BBC as saying that there is no need for a coalition government because Tsvangirai won outright, but a negotiated solution might be necessary anyway.

For more information, please see:

BBC News - Mugabe rival 'clear' winner - US - 24 April 2008

BBC News - First results in Zimbabwe recount - 23 April 2008

Reuters Africa - Britain will press for arms embargo on Zimbabwe - 23 April

allAfrica.com - Zimbabwe: China Recalls Weapons Shipment - 24 April 2008

Impunity Watch - “Mugabe Tsunami’ flees violence in Zimbabwe, as food problems worsen- 21 April 2008

Impunity Watch - Zanu-PF has Reportedly set up ‘Torture Camps’ - 21 April 2008

BRIEF: Death toll in Darfur continues to mount

NEW YORK, New York – The United Nations announced that as many as three hundred thousand may have died as a result of the Darfur conflict, an increase of fifty percent from the previous estimate of those killed in the five years of fighting. UN head of humanitarian affairs John Holmes delivered this revised total to a meeting of the UN Security Council in New York, explicitly stating that the new total was an extrapolation from the previous figure and not from any new data.

This figure is disputed by Sudan’s UN ambassador, who claims Khartoum’s figures do not exceed more than 10,000 dead from violence. The ambassador further denies there are any epidemics or starvation problems in Darfur, stating the remarks by Holmes “are not helpful, are not correct and are not credible.”

Further, Rodolphe Adada, the joint African Union-UN special representative for Darfur, warned the council that the conflict is getting worse.  Further, the joint peacekeeping force for Darfur is unlikely to be up to full strength this year. Troops levels, according to Adada, are “at less than 40% of its mandated level of 19,555.” Full operating capacity, at the current pace, will not be reached until 2009. After the meeting, Adada suggested the force could reach 80% if attempts to accelerate deployment were met.

For more information, please see:

Voice of America – UN Says Situation in Darfur Worsening, Deaths Mount – 22 April 2008

BBC News  – Darfur deaths ‘could be 300,000’ – 23 April 2008

Testimonies Before Liberia's Truth and Reconciliation Commission Reveal Atrocities

By: Julie Narimatsu

Impunity Watch Managing Editor - Journal

LOFA, GRAND BASSA COUNTIES, Liberia - Testimonies in front of Liberia's Truth and Reconciliation Commission (TRC) revealed inhumane treatment imposed by National Patriotic Front of Liberia (NPFL) commanders. NPFL was the party devoted to President Charles Taylor during the civil war. The testimonies occurred during public hearings in Voinjamin City, Lofa County and in Buchanan, Grand Bassa County.

During a surge that resulted in hundreds of civilian deaths in 2003, NPFL commanders, led by Zigzag Mazzah, forced their victims to engage in cannibalism, feeding them the flesh of humans they had previously killed, and killing anyone who refused to do so. The commanders, according to one witness, dismembered the bodies, placing limbs and other body parts in a house that was, then, burned. Victims were accused of being supporters of the rebel group Liberians United for Reconciliation and Democracy (LURD) or of other rebel groups or Muslims.

Further testimonies revealed the killing of 300 civilians by NPFL fighters in 1990 in Bakedu, Lofa County. According to the witness, after taking all their money and summoning those hiding in the forests, the fighters opened fire for over fifteen minutes.

These reports coincide with admissions by a former rebel commander, Milton Blahyi, that he participated in human sacrifices during traditional ceremonies before fights against the forces of Charles Taylor. During these ceremonies, innocent children were killed and the hearts of the children were eaten by group members. He had been participating in these traditions since he was 11, after being ordained "the traditional priest of [his] tribe." He admitted to the TRC that 20,000 people were killed by his forces. He is now an evangelist preacher who speaks out against murder and human sacrifice. He admits being ashamed of what he has done and asserts that he will take responsibility for his actions.

The TRC was set up in 2005 as an independent body to "investigate the root causes of the Liberian Crisis [and] document human rights violations." They conduct public hearings that provide a forum for victims and perpetrators alike to discuss the civil war and progress toward reconciliation.

For more information, please see:

The Analyst - Chilling Testimonies in Lofa, Grand Bassa Counties - 18 April 2008, http://www.analystliberia.com/chilling_testimonies_in_lofa_bassa_counties_apr17_08.html

TRC of Liberia - NPFL Fighters Massacred Over 300 Civilians in Bakedu ...Witness Tells TRC - 17 April 2008, https://www.trcofliberia.org/news-1/press-releases/npfl-fighters-massacred-over-300-civilians-in-bakedu-witness-tells-trc-1

BBC News - I ate children's hearts, ex-rebel says - 22 January 2008, http://news.bbc.co.uk/2/hi/africa/7200101.stm

TRC of Liberia Website - https://www.trcofliberia.org/

“Mugabe Tsunami’ flees violence in Zimbabwe, as food problems worsen

A Zimbabwean woman with her child on her back
flees across the border
(Themba Hadebe/The Associated Press)

By Ted Townsend
Impunity Watch Reporter, Africa

HARARE, Zimbabwe –  Over one thousand Zimbabwe residents are fleeing the country via the South African border every day, according to human rights groups. This exodus has surged in the three weeks since the Zimbabwe’s disputed election, and the violent crackdown that has followed. In the past, many of those who fled Zimbabwe were men seeking better economic opportunities. In the last three weeks, many women and children have joined the wave, taking severe risks to get away from the violence.

At least ten people have been killed in the politically motivated violence directed by President Robert Mugabe’s regime, according to the opposition group the Movement for Demoratic Change (“MDC”). Another three thousand families have been displaced, and members of Mugabe’s Zanu-PF have burned at least eight hundred homes.

In one account, a displaced woman named Sarah Ngewerume told of how she waded through the Limpopo River across the border into South Africa, through a fence where she bribed a farmer. She joined the other refugees in what South African’s biggest daily newspaper is calling “Mugabe’s Tsunami.”  She said she fled, because she had seen gangs loyal to Mugabe beating people, “some to death” outside her village. She also said she saw Mugabe loyalists sweeping the countryside armed with chunks of wood demanding to see party identification cards and hunting down supporters of the MDC.   This has become known as “Operation Mavhoterapapi” (who did you vote?). According to victims of the operation, it is designed to flush out those ahead of an expected second vote, even though the results of the first election have not been revealed.

Other opposition supporters have been marched by militia members to a bush camp where they were forced to chant anti-British slogans and were beaten. According to one refugee, “three of our assailants were busy digging what they said was the grave in which they would bury us, just like sell outs were treated during the liberation war.”

Starvation has also become a major issue, in the wake of the violence. The countries already dire food situation, often assisted by humanitarian organizations, is deteriorating as the organizations cannot get out and extend food to the needy. Further exacerbating the problem, is the expectation of another poor harvest and the under-utilization of farmland by newly displaced settlers. These issues, combined with the political violence, has made reaching the hungry dangerous, if not impossible. One-third of the population is currently receiving food aid.

The UK government recently commented on the situation, calling the election recount a “charade of democracy” and stating that “no one can have any faith in this recount.” Foreign secretary David Miliband, in a written statement, accused Mugabe of “trying to steal the election” and announced the worrisome violent trend that has engulfed Zimbabwe in the last couple weeks.

For more information, please see:

BBC News – Mugabe trying to ‘steal election’ – 21 April 2008

International Herald Tribune – Human wave flees violence in Zimbabwe – 21 April 2008

Irin News – Humanitarian Operations Curtained By Violence – 21 April 2008

SW Radio Africa –MDC Say 10 People Killed So Far in Post Election Violence – 21 April 2008