International organization claims Kenya poll violence was ‘planned’

International organization claims Kenya poll violence was ‘planned’

By Ted Townsend
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Researchers for the international organization Human Rights Watch (“HRW”) claim in a new report that the ethnic violence that tormented Kenya following December’s disputed presidential elections was organized by local leaders. The report says that the planning of the violence was done at the local level, but that the role of national leaders must be investigated further. “What we found, far from being spontaneous was that it (the violence) was organized as elders and youth met,” said HRW spokesman Ben Rawlence.

The eighty-eight page report, entitled “Ballots to Bullets: Organised Political Violence and Kenya’s Crisis of Governance,” documents serious abuses of power in the worst affected areas of Nairobi, Nyanza, Rift Valley and western provinces of Kenya.  It focuses on the use of excessive force by police, vividly describing unlawful killings in response to demonstrations and the organization of the violent acts.  For example, a fifteen year old boy described how he was shot in the leg, as he was running from a police car. The report also detailed many instances of officers opening fire on unarmed demonstrators. The most serious cases of extrajudicial police violence occurred in Kisumu, a stronghold of opposition presidential candidate Raila Odinga.  The report credits police for the deaths of eighty-one people, mostly from opposition strongholds. The police deny any wrongdoing, but have agreed to look into any alleged wrongdoing by officers.

The report uses eyewitness testimony to show that local leaders organized the violence. In the town of Eldoret, located in the Rift Valley attacks on Kikuyu homes were planned in advance of the election results. The elders in the town “said that if there is any sign that Kibaki is winning, then the war should break… they were coaching the young people how to go on the war.” Reprisal attacks against non-Kikuyus were also organized by local leaders. In Naivasha and Nakuru, the violence allegedly followed meetings with local businessmen and politicians, which mobilized youths in their attacks.

Further investigations are required to determine the extent to which the national leadership had a hand in planning the violence and mobilizing the local leaders.

HRW also suggests that Kenya faces a repeat of this violence if the government and international community fail to punish those responsible. The report alleges that western powers looked on, while successive governments in Kenya “failed to tackle the land and poverty issues at the root of the trouble, exploited by politicians to incite violence, without fear of real punishment.” HRW ultimately calls for the new coalition government to prosecute those responsible, a move it claims is necessary to stabilize the country. Georgette Gagnon, African director at Human Rights Watch said “Inciting violence along ethnic lines almost destroyed Kenya. The new government now has a chance to repair those fractures.”

More than one thousand died, and over six hundred thousand were displaced in riots and attacks following the disputed December 2007 election. The bloodshed saw militias burn civilians alive, forcibly circumcise foes and hack victims with machetes,  is “Kenya’s darkest moment since independence from Britain in 1963.”

For more information, please see:

BBC News – Kenya poll violence ‘was planned’ – 17 March 2008

Human Rights Watch – Kenya: Justice Vital to Stability – 17 March 2008

Voice of America – Rights Group Describes Planned Post-Election Violence in Kenya – 17 March 2008

allAfrica.com – Human Rights Watch Urges Inquiry Into Post-Election Violence – 17 March 2008

AfricaNews – HRW: Election violence Kenya was planned – 17 March 2008

Reuters – Kenya faces repeat of violence if impunity stays – 17 March 2008

International organization claims Kenya poll violence was ‘planned’

By Ted Townsend
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Researchers for the international organization Human Rights Watch (“HRW”) claim in a new report that the ethnic violence that tormented Kenya following December’s disputed presidential elections was organized by local leaders. The report says that the planning of the violence was done at the local level, but that the role of national leaders must be investigated further. “What we found, far from being spontaneous was that it (the violence) was organized as elders and youth met,” said HRW spokesman Ben Rawlence.

The eighty-eight page report, entitled “Ballots to Bullets: Organised Political Violence and Kenya’s Crisis of Governance,” documents serious abuses of power in the worst affected areas of Nairobi, Nyanza, Rift Valley and western provinces of Kenya.  It focuses on the use of excessive force by police, vividly describing unlawful killings in response to demonstrations and the organization of the violent acts.  For example, a fifteen year old boy described how he was shot in the leg, as he was running from a police car. The report also detailed many instances of officers opening fire on unarmed demonstrators. The most serious cases of extrajudicial police violence occurred in Kisumu, a stronghold of opposition presidential candidate Raila Odinga.  The report credits police for the deaths of eighty-one people, mostly from opposition strongholds. The police deny any wrongdoing, but have agreed to look into any alleged wrongdoing by officers.

The report uses eyewitness testimony to show that local leaders organized the violence. In the town of Eldoret, located in the Rift Valley attacks on Kikuyu homes were planned in advance of the election results. The elders in the town “said that if there is any sign that Kibaki is winning, then the war should break… they were coaching the young people how to go on the war.” Reprisal attacks against non-Kikuyus were also organized by local leaders. In Naivasha and Nakuru, the violence allegedly followed meetings with local businessmen and politicians, which mobilized youths in their attacks.

Further investigations are required to determine the extent to which the national leadership had a hand in planning the violence and mobilizing the local leaders.

HRW also suggests that Kenya faces a repeat of this violence if the government and international community fail to punish those responsible. The report alleges that western powers looked on, while successive governments in Kenya “failed to tackle the land and poverty issues at the root of the trouble, exploited by politicians to incite violence, without fear of real punishment.” HRW ultimately calls for the new coalition government to prosecute those responsible, a move it claims is necessary to stabilize the country. Georgette Gagnon, African director at Human Rights Watch said “Inciting violence along ethnic lines almost destroyed Kenya. The new government now has a chance to repair those fractures.”

More than one thousand died, and over six hundred thousand were displaced in riots and attacks following the disputed December 2007 election. The bloodshed saw militias burn civilians alive, forcibly circumcise foes and hack victims with machetes,  is “Kenya’s darkest moment since independence from Britain in 1963.”

For more information, please see:

BBC News – Kenya poll violence ‘was planned’ – 17 March 2008

Human Rights Watch – Kenya: Justice Vital to Stability – 17 March 2008

Voice of America – Rights Group Describes Planned Post-Election Violence in Kenya – 17 March 2008

allAfrica.com – Human Rights Watch Urges Inquiry Into Post-Election Violence – 17 March 2008

AfricaNews – HRW: Election violence Kenya was planned – 17 March 2008

Reuters – Kenya faces repeat of violence if impunity stays – 17 March 2008

BRIEF: At Least 68 dead in Democratic Republic of the Congo

Democratic Republic of the Congo – Fighting in the west of the Democratic Republic of the Congo has left at least sixty-eight people dead and the numbers could be much higher according to a UN report leaked to the BBC.

Budu Dia Kongo is a political and religious group that has its own militia and accuses the central government of corruption. The group wants to establish its own authority in the west. Currently, more than 300 members of the BDK are missing.

A Congolese army captain was killed last month and it is alleged that BDK is responsible for the killing. Since this date, the Congolese police have been destroying BDK churches and houses believed to be owned by members of the group.

Many members of BDK have been seen at local hospitals for gunshot and machete wounds alleging they were tortured by police.

The governor of Bas-Congo, Simon Mbatshi Mbatsha, estimated that 24 civilians had been killed on 4 March 2008 during fighting between police and the BDK.

Mbatsha blames the government for causing violence because people are killed with firearms and there houses are burnt down.

While there are over 200 UN peace keepers in the area, they have been unable to maintain the peace.

For more information, please see:

BBC News – Deadly clashes in west DR Congo – 16 March 2008

allAfrica.com – Congo-Kinshasa: Fears Over Increasing Sect-Related Violence in Southwest – 6 March 2008

Kony and LRA Commanders Demand ICC Lift Warrants Before they Agree to Sign Peace Deal

By Christopher Gehrke
Impunity Watch Senior Desk Officer, South America

KAMPALA, Uganda – Joseph Kony, the head of the Lord’s Liberation Army (LRA), will not sign a peace deal before the International Criminal Court (ICC) quashes international arrest warrants issued against him and other LRA commanders.

The ICC issued warrants for Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo, and Dominic Ongwen in July 2005 for 33 counts – war crimes, crimes against humanity, abduction, sexual enslavement, mutilation, and using children as fighters – according to New Vision.

The LRA members have to sign the peace agreement before the ICC will do something about the warrant, says the Ugandan government.  President Yoweri Museveni said last week that the government can save Kony and the other accused.

“We can save him because we are the ones who sought assistance from the ICC,” he said to journalists in London.

“Because he was not under our jurisdiction, we sought assistance from the ICC.  If he signs the peace agreement and returns to our jurisdiction, it becomes our responsibility, not any other party’s, including the ICC.”

Museveni explained that the Ugandan government sought the ICC’s help because Kony fled to the Democratic Republic of Congo.  The ICC intervenes in cases of impunity or where governments cannot punish those involved in crimes against humanity.  Uganda would use its domestic justice system in place of the ICC if Kony and the others sign the peace agreement and return to Uganda.

Kony has recently moved more than three quarters of his forces from the DR Congo to the Central African Republic.  This change of bases raises doubts as to whether he will be available to sign a peace deal before the March 28 deadline, reports AllAfrica.com.

“Kony has moved most, if not all, his troops out of Garamba,” said Walter Ochora, an acquaintance of Kony who keeps an eye on the LRA.  “He only left a teenage commander in Ri-Kwang-Ba named Lt. Okello.  This is worrying [as] it seems LRA is not for peace.”

For more information, please see:

allAfrica.com – Uganda:  ICC Softens on Kony’s Case – 16 March 2008

allAfrica.com – Uganda:  We Can Save Kony – President Museveni – 11 March 2008

New Vision Online – LRA case to determine fate of ICC – 16 March 2008

allAfrica.com – Uganda:  Kony Crosses Into Central Africa Republic – 16 March 2008

Interim Government Accused of Media Intimidation

By Ryan L Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — Coming on the heels of Russell Hunter’s removal earlier this month, new accounts of media intimidation are coming to light in Fiji. 

The first report comes from Graham Leung, the lawyer of New Zealand businessman Ballu Khan, who says that he received a threatening phone call from someone in the Army  Leung, who was writing an article about the difference between the facts on the ground in Fiji and the interim government’s rhetoric, said that he was told by the unnamed caller that the article had been intercepted by the military.  Leung told Radio New Zealand International that the interim government is interfering with freedom of the press and freedom of expression. 

The second report comes from Fiji Times publisher, Evan Hannah, who says that he was summoned to interim Attorney General Aiyaz Sayed-Khaiyum’s office on Thursday.  The meeting apparently concerned an upcoming Fiji Times article entitled ‘Exposing the Lie’, which was thought to appear as an opinion piece. The interim AG said that the article “contained factual inaccuracies, was highly emotive and discussed matters that were in court.”  The AG told Hannah that Hannah was not being told what to write or publish, but that as a publisher he should be concerned about the factual accuracy of what is in his paper. 

Hannah has also said that he was told by Sayed-Khaiyum that the article was now a matter of national security.  Of this he said, “This is exactly the situation they used to deport Russell Hunter as publisher of the Sun. I’m not suggesting that the government is lining up to deport me, but I think they are trying to intimidate us.” 

The interim AG insists that the meetings were not at all meant to intimidate members of the press, saying that such meetings have always been common place in Fiji and had been conducted by previous governments.  He said that he merely wanted to meet with the publishers so that all matters could be “resolved amicably.”  He also said that he had received word that the article at issue was not in the Fiji Times database and was not set to be published. 

The editor-in-chief of the Fiji Times has chastised the interim government for trying to create a situation that did not exist.  He said that the whole affair was a great disservice to the the AG’s office, the media and the country. 

In related news, Russell Hunter’s wife, Martha Hunter, who was given twenty-one days to leave Fiji after her husband’s removal, has left Fiji for Australia on Thursday. 

For more information, please see:
Fiji Times — Military threatened me, Leung tells Radio NZ — 17 March 2008

Radio New Zealand International — Publisher of Fiji Times suggests administration is trying to intimidate — 16 March 2008

Fiji Times — Media Council to meet on Tuesday — 15 March 2008

Fiji Times — Interim A-G calls in Times publisher — 15 March 2008

Radio New Zealand International — Fiji lawyer receives threatening phone call — 14 March 2008

Radio New Zealand International — Fiji Times publisher summoned by interim Attorney-General — 14 March 2008

Radio New Zealand International — Wife of deported Fiji Sun publisher leaves Fiji — 14 March 2008

Fiji Times — Interim AG summons Publisher — 14 March 2008