By Zach Waksman
Impunity Watch Reporter, Africa

NAIROBI, Kenya – In the wake of Monday’s confirmation of charges for crimes against humanity by the International Criminal Court, two high-ranking officials in the Kenyan government resigned from their positions Thursday.  Finance Minister Uhuru Kenyatta and Head of Public Service and Secretary to the Cabinet Francis Muthaura both decided to step down was pressure on them mounted.  Kenyatta, who is also a presidential candidate this year, will remain in the government in his other role as Deputy Prime Minister.

The reasons for their decisions were not stated.  After the ICC made its announcement, members of the Orange Democratic Movement called for both men to be fired from their posts.  As part of the commission that investigated the post-election violence of 2007-2008 for which they are accused of inciting, an agreement was struck regarding the effects of allegations on members of the government.

“The parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon,” it states.

It adds: “The parties shall ensure that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.”

Kenyatta has not yet stated whether he would end his campaign.  But according to Justice Minister Mutula Kilonzo, the allegations should preclude Kenyatta and MP William Ruto, who also faces charges, from continuing their presidential runs.

“It is just impunity because you can’t take a court of law for granted and we don’t know what the court will say,” Kilonzo said during the launch of the East African Centre for Human Rights.

Nairobi Metropolitan Minister Njeru Githae will take Kenyatta’s place as Finance Minister.   Internal Security Permanent Secretary Francis Kimemia is the acting Head of Public Service and Secretary to the Cabinet.

For more information, please see:

BBC — Kenya ICC: Kenyatta Resigns from Finance Role — 26 January 2012

Daily Nation — Uhuru, Muthaura Bow to Pressure, Step Aside — 26 January 2012

The Standard — Uhuru, Muthaura Step Aside — 26 January 2012

Washington Post — Kenya Finance Minister, Cabinet Secretary Leave Posts over ICC Charges on Election Violence — 26 January 2012

Daily Nation — ODM Legislators Now Want Uhuru, Muthaura Sacked — 24 January 2012

 

By Zach Waksman
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The future of Kenyan politics entered a state of flux on Monday, after the International Criminal Court confirmed charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and Journalist Joshua Sang.  All four men are major players in the present regime, but the charges against Kenyatta, who also serves as Finance Minister, and Ruto of are particular note.  Both plan to run for president of the east African country this year.

They will face trial for alleged crimes against humanity that took place in the weeks following the 2007-08 elections.  The charges include acts of murder, excessive force, and forcible relocation of populations.  More than 1,200 people were killed during this time, and an additional 600,000 people were forced to flee their homes.  Some have not been able to return yet.

President Mwai Kibaki, who was the winner of that election, made a call for calm after the announcement.  In his address from Harambee House in Nairobi, he announced that he has instructed Attorney General Githu Muiga to form a legal panel to advise his government on how best to respond to the ICC’s decision.

“I have with immediate effect directed the Attorney General to constitute a legal team to study the ruling and advise on the way forward,” Kibaki said.

The accused plan to appeal the charges against them.  Ruto, who, along with Sang, faces charges of organizing attacks on Kibaki supporters based on their ethnicity or political affiliations, held a press conference to say that he would not suspend his presidential campaign.  He also sounded certain that he would ultimately be acquitted.

“These allegations are and will forever be strange to me. I have been and will forever be a stranger to the allegations against me. My legal team is going to analyze the different actions we will take as a team,” Ruto told journalists in Nairobi. “I want to inform Kenyans that I’m firmly in the presidential race. To my worthy competitors, let us meet at the ballot and let the people of Kenya decide.  To my family especially wife Rachel, mother Sarah and children I am eternally grateful. I am persuaded and clear in my mind truth will prevail and innocence confirmed.

Kenyatta, who is the son of Kenya’s first president and holds a fortune of over $500 million, will stand trial alongside Muthaura in a separate proceeding.  He is accused of multiple crimes against humanity, including sexual violence.  He issued a statement denying the charges.

“My conscience is clear, has been clear and will always remain clear that I am innocent of all the accusations that have been leveled against me,” Kenyatta posted on Facebook, adding that he would continue to cooperate with the ICC, “because I believe in the rule of law.”

Last week, he told the BBC that he would continue his campaign regardless of any charges he faced.

Sang’s inclusion as a suspect was seen as a surprise as he was not part of the government.  He hosted a radio program, which he is accused of using to inform supporters of where to conduct coordinated attacks.

Human Rights Watch hailed the ICC’s decision.  The resulting trials, according to its statement, would “break with decades of impunity in Kenya for political violence.”  The country still needs to set up its own apparatus.  Kenya attempted to form a special tribunal to investigate, but ultimately decided that the ICC would be a better venue.

Amnesty International also expressed concern about the efficacy of having the ICC handle this matter, particularly regarding the effect that budget cuts at the ICC might have on its ability to provide fast and fair trials for the defendants..

“[T]hese are just four individuals. Thousands of human rights abuses, some of which may amount to crimes against humanity, took place during the post-election period and thousands of victims are still waiting for justice,” said Justus Nyang’aya, Director of Amnesty International, Kenya.  “It is vital that the Kenyan authorities open investigations and, where there is sufficient admissible evidence; prosecute all those suspected of committing crimes.”

The ICC declined to pursue charges against Tinderet MP Henry Kosgey and former Police Commissioner Hussein Ali.  No trial date has been set.

For more information, please see:

BBC — Kenyatta and Ruto to Face ICC Trial over Kenya Violence — 23 January 2012

Daily Nation — ICC Judges Confirm Cases against Four Top Kenyans — 23 January 2012

Daily Nation — Kenyan Suspects to Appeal against ICC Ruling — 23 January 2012

Daily Nation — Kibaki Order AG to Form Probe Team on ICC Ruling — 23 January 2012

KBC — Cases against Ruto, Sang, Muthaura, and Uhuru Confirmed — 23 January 2012

KBC — Kibaki Directs AG to Form Team to Study ICC Ruling — 23 January 2012

KBC — Ruto Maintains He is Innocent — 23 January 2012

Standard — Breaking News: Four of the Six Suspects to Face Trial – ICC — 23 January 2012

Washington Post — Int’l Court Orders Kenyan Presidential Hopefuls to Stand Trial in Postelection Violence Case — 23 January 2012

By Zach Waksman
Impunity Watch Reporter, Africa

LILONGWE, Malawi – The past two days in Malawi were marked by a series of attacks on women for their choice of dress.  But instead of being targeted for expose their arms and legs, they were attacked for wearing particular items.  Women in this East African country’s three main cities – Lilongwe, Mzuzu, and Blantyre – were accosted and stripped of their trousers, miniskirts, and leggings.  A protest is planned for Friday.

The first signs of unrest appeared on Tuesday, when Lilongwe police arrested 15 men for robbery with violence and malicious damage.  Others in the capital’s market were stripped naked.  Despite warnings not to wear pants in the marketplace, more undressing, all perpetrated in broad daylight, took place on Wednesday.  The attackers have generally been street vendors in the cities’ marketplaces.

As a result of this behavior, women started a protest campaign entitled “Lelo N’kugule, Mawa Undivule?”  Its literal meaning is “Today I buy from you, tomorrow you undress me?”  According to this pact, all women have agreed not to buy anything from street vendors for over a month.  The protest will also end if the perpetrators apologize.  If the attacks continue, they have threatened to conduct a naked protest.

Malawi remains a very conservative country.  Until 1994, when the nation shifted to democracy, women were not even allowed to wear trousers.  Though restrictions on personal and political freedoms have been relaxed, some of the old beliefs remain prevalent.

“We are coming from a one-party state, and people have the traditional values which we had in the past,” Lilongwe resident Veronica Male told the BBC in 2003.  “Right now it’s very difficult for girls and women to put on mini-skirts – they are booed, they are mobbed, they are assaulted.”

On Thursday, President Bingu wa Mutharika gave a national address in which he refuted accusations that he incited the attacks.  He also called himself a champion of women’s rights.

“I have not sent anybody to harass women in the streets.  These people do not have my permission,” he said.  “Every woman and girl has the right to dress the way they wish and there is no law that restricts what they should wear.”

Vice President Joyce Banda spoke about the incidents as well.  She attributes them to general anger about the country’s economic troubles, which include shortages of fuel and foreign currency.

“I have thought very seriously why all this is happening. All Malawians are in a state of hopelessness. There is so much anger, pain and frustrations. There is so much suffering that people have decided to vent their frustrations on each other. This is total chaos and worrisome for all of us, Malawians,” Banda said.

Friday’s protests are expected include a sit-in featuring women wearing trousers, mini-skirts, and leggings, which are Malawi’s latest fashion trend, with white tops, a symbol of peace.  The sit-in, which will take place in Blantyre, will feature interdenominational speakers on the role and inherent value of women in society.

Seodi White, a lawyer and a leading women’s rights activist, said protesters would gather “in solidarity with the victims and to express our indignation at such barbaric treatment of mothers, wives and daughters of our country.”

“We are calling on all women and men of goodwill to urgently converge … for constructive engagement on the protection of women and the defence of their rights in a democratic Malawi,” she said.

For more information, please see:

BBC — Malawian President Backs Women in Trousers after Attacks — 19 January 2012

Daily Times — Government Spits Fire at Thugs — 19 January 2012

Malawi Voice — Breaking News: Mutharika Speaks Out on Women Attack — 19 January 2012

Nyasa Times — All Set for Women Protest against Pants Stripping — 19 January 2012

Nyasa Times — Bingu Denies Inciting Strip Attack on Women — 19 January 2012

Nyasa Times — Women Launch “Lelo N’kugule, Mawa Undivule” Campaign — 19 January 2012

Daily Times — Lilongwe Thugs Strip Women Naked — 18 January 2012

Daily Times — Police Arrest 15 Men for Undressing Women — 18 January 2012

BBC — Malawi Mulls Mini-Skirt Freedoms — 12 November 2003

By Tamara Alfred
Impunity Watch Reporter, Africa

Aid agencies have released a report stating that thousands of people, more than half of them children, died needlessly while millions of dollars were wasted because the international community did not respond to early warnings of an impending famine in East Africa.  The report also warned of a new hunger crisis in West Africa.

The report by Oxfam and Save the Children says that a food shortage was predicted as early as August 2010, but most donors did not respond until famine was declared in parts of Somalia in July 2011.  The agencies said many donors wanted to first see proof that there was humanitarian catastrophe, which led to a funding shortfall that delayed any response to the crisis.

“We all bear responsibility for this dangerous delay that cost lives in East Africa and need to learn the lessons of the late response,” said Oxfam head Barbara Stocking.

The report says the delays in East Africa caused thousands of deaths and increased costs for aid agencies.  The British government estimates that between 50,000 and 100,000 people have died from the famine, mostly in Somalia.  More than half of those who died are believed to be children.

On Friday, it will be six months since the United Nations declared famine in Somalia.  The organization says tens of thousands will have died of starvation by the time the famine ends, while 250,000 Somalis are still at risk of starvation and more than 13 million people need aid.

“Children will have suffered the most,” said U.N. aid chief in Somalia, Mark Bowden.  “[M]alnutrition rates in Somalia were the highest in the world, and I think the highest recorded…up to 50% of the child population suffered from severe or acute malnutrition.”

“The world knows an emergency is coming but ignores it until confronted with TV pictures of desperately malnourished children,” said Save the Children head Justin Forsyth.

However, Kenyan economist James Shikwati believes that it would have been difficult to prevent the famine in south-central Somalia because the region is controlled by al-Shabab, an insurgent group that has greatly limited the work that aid agencies can do in the region.  “I don’t think the solution to famine is just sending money in good time,” said Shikwati.  “Even if you have all the money in your pocket and all the grain in your store, unless al-Shabab allows you to access their areas then people there are still going to starve.”

Shikwati’s comments may prove to be true sooner rather than later in war-torn Sudan.  United States envoy to Sudan Princeton Lyman warned today that half a million people will face an emergency bordering on famine by March if international humanitarian organizations are not allowed into areas of Sudan that are mired in conflict.  The government in Khartoum argues that the border areas of South Kordofan and Blue Nile are too dangerous for NGOs to operate in.

Lyman said a lack of leadership, a history of vicious ethnic violence and the indictment of Sudan’s President Omar al-Bashir by the International Criminal Court are all factors that have complicated the crisis in that country.  He further lamented the lack of a mechanism for Sudan and newly independent South Sudan to resolve conflicts, “despite the two sides having been in a unity government for five years and having participated in years of peace talks.”

Since South Sudan gained independence from the north in July 2011, fighting has continued in the border regions of South Kordofan, Blue Nile, Unity State and Upper Nile.  Countless lives have been lost and hundreds of thousands have been displaced, exacerbating an already desperate humanitarian crisis.

The Sudanese ambassador to South Africa, Ali Yusuf Alsharif, warned that the situation in his country could become worse than Somalia.  However, he also cautioned that outside pressure may further complicate the situation.

“The world has looked at Somalia, not knowing what to do,” Alsharif said at a conference.  “But if you push everyone [in Sudan], you could have a situation worse than Somalia.”

For more information, please see:

CNN – Sudan faces potential famine, U.S. envoy warns – 18 January 2012

Huffington Post – Somalia Famine Response Too Slow, Thousands of People Died Needlessly: Report – 18 January 2012

BBC News – Somali famine ‘will kill tens of thousands’ – January 15 2012

By Zach Waksman
Impunity Watch Reporter, Africa

LAGOS, Nigeria – The past week in Nigeria was marked by a nationwide labor strike that began after the government ended a subsidy on gasoline, which caused its price, and that of many other essentials, to more than double.  On Monday, President Goodluck Jonathan announced a partial rollback on the cost of fuel, which led unions to suspend the strikes for now.  Labor leaders warn that they are willing to resume strikes at a later date.

For Africa’s most populous country, the announcement comes as a small return to normalcy as the country’s markets reopened for the first time since the strike began on January 9.  But the situation remains fragile, as the partial rollback does not address the full effect of the initial revocation. The subsidy’s removal on January 1 marked the beginning of a chain reaction in the economy of Africa’s most populous country.  Products such as onions, peppers, and watermelon seeds also saw a substantial increase in price due to the cost of transporting them to market.

Nigeria is Africa’s largest producer of oil, but it must import most of its refined fuel products due to a lack of its own refineries.  Despite this wealth, most Nigerians live on about one dollar per day, while the petroleum profits are spread among the elite.  The only benefit that most see is a lost fuel cost, the result of a national subsidy.  The subsidy’s suspension caused the price of gasoline to jump from N65 (N is for “naira,” the national currency.) per liter on December 31 to N141-145, the equivalent of a spike from $1.70 per gallon to $3.50 per gallon in the United States.

“Government will continue to pursue full deregulation of the downstream petroleum sector,” Jonathan said in a televised address.  “However, given the hardships being suffered by Nigerians, and after due consideration and consultations with state governors and the leadership of the National Assembly, government has approved the reduction of the pump price of petrol to N97 per litre.”

Following Jonathan’s announcement, Nigeria Labour Congress chief Abdulwahed Omar said that the unions would formally suspend the strike, protests, and rallies.  The decision comes in part due to fears that the rallies could be hijacked for other purposes.  At least ten people were killed during the week-long strike, and at least 600 were treated for injuries.

Talks between the government and labor leaders are still ongoing.  Senate President David Mark held a meeting at his home on Sunday.  After it adjourned, Governor Rotimi Amaechi of Rivers State, one of the attendees, spoke to the media and appeared certain that a permanent answer would be found soon.

“I believe that solutions would be found to the strike. I believe that we are at the verge of finding a solution to it,” he said.  “We have held a meeting and we have looked at the solutions and we think that with Labour, we can find a joint solution to the problem and you must realize first that the President is patriotic in his decision and all of us in government are backing him.  Labour agrees to deregulation.  I don’t know if there is any point that they are not part of deregulation.  Their argument is how and when and we are sorting out all those fine details and we will find [a] solution to it.”

What that solution is, however, remains unknown.  But for the people of Nigeria, this move will not be sufficient to mollify an already disgusted population.

“When the equation is still Hobbesian, people are not going to participate,” said Ricardo Soares de Oliveira, a lecturer at Oxford University and an expert on Nigerian oil politics, referring to the grimness of daily life in Nigeria. “People perceive this as a raid on their resources.”

For more information, please see:

BBC — Nigerian Fuel Subsidy: Strike “Suspended” — 16 January 2012

Guardian — Jonathan, Govs, N’Assembly in Frantic Search for End to Strike — 16 January 2012

New York Times — Amid Strikes, Nigeria Rolls Back Gasoline Price — 16 January 2012

Nigerian Tribune — FG Pegs Fuel at N97 per Litre; Labour Suspends Protests, Continues Strike — 16 January 2012

Washington Post — Labor Union Announces Suspension of Strike over Fuel Prices in Nigeria amid Violence — 16 January 2012