By Zach Waksman
Impunity Watch Reporter, Africa

JUBA, South Sudan – Six months after its recognition as a sovereign state, South Sudan already faces a massive humanitarian crisis.  Since then, long-dormant ethnic tensions have resurfaced in the newly independent country.  Thousands of people have died, and efforts to stem the tide of bloodshed have failed.  Thursday, Murle youths from Pibor County killed 37 people in Uror County of Jonglei State.

The Murle and Lou Nuer, rival ethnic groups in Jonglei State, have a long-standing conflict that subsided in 2009 for purposes of gaining independence for South Sudan.  But in August, only a month after independence became reality over 600 Lou Nuer died at the hands of Murle forces, who also abducted dozens of children.  On January 3, 2012, John Boloch of South Sudan’s Peace and Reconciliation Commission told the BBC that he estimated at least 150 deaths during the first two days of the year.  Pibor was a particular nexus of the conflict, with 6,000 Lou Nuer fighters surrounding the town last week.  That outnumbers the combined forces of the country’s army and a contingent of peacekeepers from the United Nations.

Due to this lack of firepower, the UN felt that, other than warning villagers of the coming assault, which the Lou Nuer publicly announced prior to their attack, it could not do anything to protect the Murle from its rival.

“Protection of civilians in the rural areas and at larger scale would only have been possible with significantly more military capacity,” said Hilde F. Johnson, head of the UN mission in South Sudan.

Part of the problem may be that politicians in the area used incited violence for their own gains.  Boloch wondered why peacekeepers were protecting government buildings instead of people. Government spokesman Dr. Barnaba Marial addressed the media earlier this week, announcing that the government was forming a committee to investigate and arrest those who used their positions for such a purpose.

“[T]hose politicians trying to incite conflicts between our communities are warned that this is not the way to do it,” he said.  “There are certain politicians who are trying to agitate for demonstration. Please let us help our government to develop instead.”

Because of the conflict, which has claimed an estimated 2,000 lives, many have fled Pibor and the surrounding area.  According to Liz Grande, humanitarian affairs coordinator of the UN office for Coordination of Humanitarian Affairs (UN-OCHA), at least 60,000 South Sudanians have been displaced from Jonglei, with still more fleeing as best they can.  Addressing the situation will be difficult, as South Sudan lacks an extensive road system that would make delivery of aid easier.  It will instead have to be brought in by air, which is much more expensive.  Grande called the present situation the worst humanitarian crisis the region has faced since the signing of a peace agreement six years ago.

“This emergency operation is going to be one of the most complex and expensive in South Sudan since the Comprehensive Peace Agreement was signed in 2005,” Grande said.

For more information, please see:

Gurtong Trust — 37 Killed in Uror County of Jonglei State — 12 January 2012

Gurtong Trust — Government Warns Politicians over Conflict Instigation — 12 January 2012

New York Times — Ethnic Killings Fray Unity Marking Birth of South Sudan — 12 January 2012

Voice of America — South Sudanese Continue to Flee Violence Along Border — 09 January 2012

New Nation — South Sudan Facing Worst Humanitarian Crisis since CPA — 08 January 2012

BBC — South Sudan’s Jonglei Clashes: UN Begins Aid Effort — 07 January 2012

BBC — South Sudanese “Massacred” after Fleeing Pibor — 03 January 2012

By Zach Waksman
Impunity Watch Reporter, Africa

ABUJA, Nigeria – President Goodluck Jonathan of Nigeria declared a state of emergency in 15 Local Government Areas (LGAs) located in the Borno, Yobe, Plateau, and Niger states on Saturday.  The announcement comes less than a week after a series of Christmas Day bombings by the radical Islamist sect Boko Haram rocked the country and killed at least 42 people.

The recent round of attacks by Boko Haram was a break from its previous focus government and military targets.  This time, the organization, who took credit for the bombings, destroyed several churches, including one in a suburb of Abuja, the capital, where at least 25 worshipers died.  The campaign is considered to be an effort to exploit long-lasting strife between Christians and Muslims.  Though Nigeria has an approximately even split between the two religions, it is not a homogeneous population, with a largely Muslim north and a heavily Christian south.  Boko Haram, whose name roughly translates as “Western education forbidden,” seeks to impose strict Islamic law throughout the country.

“This is a sign that they’ve decided to try to ignite the Muslim-Christian fault line,” said Darren Kew, a Nigeria expert at the University of Massachusetts-Boston.  “They are trying to expand from their roots,” he said, adding that until now, the group had “largely avoided antagonizing the Christians.  This is a strategic choice on their part to broaden their offensive.”

In a nationally televised address, President Jonathan announced that Nigeria would be closing its borders with Chad, Cameroon, and Niger in order to control activities outside the country.  He also said that he instructed the Chief of Defence Staff to set up a counterterrorism unit as part of his promise to defeat Boko Haram, which he declared to have “grown cancerous” and therefore needed be removed from Nigeria.

“We will crush the terrorists,” Jonathan said.  “If there are institutions…which are harbouring terrorists, we will deal with them.”

The announcement has received mixed reactions within the country.  He received praise from several groups for showing initiative and finally taking a necessary step.  Those organizations, along with leaders in the four states the declaration affects, have pledged to support him in his new efforts, despite acknowledging that success would not be easy.

In an interview with the News Agency of Nigeria, Arewa Youth Consultative Forum (AYCF) President Alhaji Yerimma Shetima said that “Jonathan did well as the number one citizen, and must stand his ground on the issue.  The president has our support and should continue to declare emergencies in any part of the country where the nation’s security is threatened, until terrorism is uprooted from Nigeria.”

Others have not been so charitable.  The Action Congress of Nigeria (ACN) said that it would accept “whatever reasonable measures” were taken to protect the country and prevent needless loss of life.  At the same time, it expressed concern with whether any action would be of great help, saying that “a State of Emergency can only address the symptoms rather than the root causes of the current security crisis facing the nation.”

House Deputy Minority Leader Suleiman Kawu Sumaila went even further.  He considered the developing crisis proof that Jonathan was unfit to lead Nigeria.  But Sumaila did not consider calling for the President’s removal from office.

“We are waiting for him to furnish us with the details and content or the way the emergency will be shaped,” Sumaila said.  “But, we will support everything possible to bring an end to this national tragedy.”

Jonathan’s declaration reached out all leaders, political and civilian, who had been working to maintain peace following attacks.  He extended their efforts to his own vow to defeat Boko Haram.

“Terrorism is a war against all of us.  I call on all Nigerians to join hands with government to fight these terrorists,” he said.

For more information, please see:

Guardian — Emergency Rule in Four States Divides Citizens — 02 January 2012

Nigerian Tribune — Emergency Rule: Jonathan Receives Knocks, Kudos — 02 January 2012

BBC — Boko Haram Attacks Prompt Nigeria State of Emergency — 01 January 2012

Nigerian Tribune — Boko Haram: Jonathan Declares State of Emergency in 15 LGAs; Closes State Borders — 01 January 2012

Times of Nigeria — Jonathan Declares State of Emergency in Borno, Yobe, Plateau, and Niger — 31 December 2011

New York Times — Nigerian Group Escalates Violence with Church Attacks — 25 December 2011

By Zach Waksman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo – Etienne Tshisekedi, Congo’s opposition leader, held an inauguration ceremony for himself as president of the central African country on Friday.  The ceremony, which happened three days after the inauguration of President Joseph Kabila, serves as a sign of his disregard for the results of last month’s election, officially decided in favor of Kabila.  Originally scheduled to take place at Stade des Martyrs, the event was moved to Tshisekdi’s home after police prevented both Tshisekedi and his supporters from attending.

Tshisekedi’s Union for Democracy and Social Progress (UDPS) party invited supporters, journalists, and diplomats to attend the event, but police acted to disperse would-be attendees.  Several were arrested as they attempted to enter the stadium, and others were subjected to stun grenades.  No injuries were reported.  The government banned the ceremony itself and dispatched heavily armed security forces around the stadium, which is located in an area of Kinshasa that strongly supports Tshisekedi.  The BBC reported that its recording equipment was confiscated.

Opposition supporters also flocked to their leader’s house, where the ceremony eventually took place.  Police cordoned off the streets surrounding it.  They fired tear gas into the assembled crowds at both locations.  Other weapons spotted included water cannons, machine guns, and rocket-propelled grenades.  The military presence was greater in areas that backed Tshisekedi.

Reaction was mixed, with some fearing that this demonstration has the potential to continue what has already been a contentious aftermath to the country’s second ever democratic election.  Last month’s election has been a source of dispute in both the Congo and the international community.  Despite allegations of voter fraud, the country’s Supreme Court confirmed the results on December 16, with incumbent Kabila the victor with 49 percent of the vote, versus only 32 percent for Tshisekedi.  The UDPS party disagreed and considered Kabila’s victory a fallacy.

“Before thinking about the destabilization of the country, we have to think about the truth of the vote,” said Tshisekedi advisor Valentin Mubake.  “The reality of the elections is that Tshisekedi has been elected by the Congolese people.  That [means] the stabilization of Congo and that is reality.”

Before Tshisekedi took the oath at his ceremony, spokesman Albert Moleka introduced him by saying that he had won with 53 percent of the vote.

Government spokesman Lambert Mende called the ceremony a “non-event.”

“It’s an extremely regrettable act,” he said, adding that officials were “saddened” that Tshisekedi “was expressing his frustration over his defeat in this fashion.”

Others connected to the regime concurred.

“Anyone who makes pantomime politics and declares himself president will have to face the law of the land,” said Kikaya Bin Karubi, Congo’s ambassador to the United Kingdom.  “We will not tolerate someone disturbing the peace and thinking his dreams are reality.”

Questions have also arisen over the behavior of Congolese security forces.  On Wednesday, Human Rights Watch reported that they have killed at least 24 people since the results were announced in early December.  The report shows numerous occasions of security forces, including the elite Republican Guard which is tasked with the President’s protection, firing on civilians in an effort to break up potential demonstrations and detaining dissenters.  The Republican Guard does not have the authority to arrest or detain civilians.

When asked by Human Rights Watch, Gen. Charles Bisengimana, the nation’s police chief, said that he could ask the Congolese army for help if police could not maintain order.  He had not done so because Kinshasa had been calm.  He did not expect any need to call on them in the near future.  He also could not explain why the Republican Guard was in Kinshasa, saying that he had no authority over them.

“The callous shooting of peaceful demonstrators and bystanders by the security forces starkly illustrates the depths the government will reach to suppress dissenting voices,” said Anneke Van Woudenberg, a senior Africa researcher for Human Rights Watch. “The UN and Congo’s international partners should urgently demand that the government rein in its security forces.”

For more information, please see:

BBC — DR Congo Police Block Entry to Tshisekedi Inauguration — 23 December 2011

Congo Planet — Tshisekedi Stages Self-Inauguration at Home — 23 December 2011

Guardian — Congo’s Opposition Leader Holds Own Inauguration Ceremony — 23 December 2011

Voice of America — Police in D.R. Congo Fire Tear Gas at Protesters — 23 December 2011

Human Rights Watch — 24 Killed since Election Results Announced — 21 December 2011

By Zach Waksman
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo – Etienne Tshisekedi, Congo’s opposition leader, has refused to acknowledge the results of last’s month’s elections to determine the president of the violence-torn central African country.  Despite receiving just 32% of all votes cast, compared to 49% for incumbent Joseph Kabila, the 79-year-old declared himself the winner.  Kabila, who succeeded his father in office ten years ago, is scheduled to be inaugurated Tuesday.

“I consider myself the president-elect of the Democratic Republic of Congo, and it is in that capacity that I address you this evening and thank the people for the confidence they have placed in me,” Tshisekedi said.  He will hold his own ceremony on Friday.

The election results have drawn controversy from outside observers.  Congo, which has vast mineral deposits but is near the bottom of the United Nations’ human development index, ran elections that the United States’ ambassador to the country viewed as “seriously flawed.”  Several other countries and the European Union also considered the vote’s validity questionable.

Congo insists that the election is legitimate.

“We as a government have followed every step of the constitution,” Kikaya Bin Karubi, the country’s envoy to Great Britain, told Reuters.

In a December 10 press release, the non-profit Carter Center, which helped monitor the process, reported that the results “lack credibility.”  In reviewing the election, it found that official procedures for handling materials were not always followed, which occasionally led to lost votes.  An estimated 400,000 votes from more than 3,000 polling stations were lost due to these problems.  The Carter Center also noted that the vote totals for some regions were highly unusual, such as one local compilation center which tallied over 227,000 votes for Kabila versus three for other candidates.

In spite of these clear problems, the Congolese Supreme Court upheld the election results, and therefore Kabila’s victory, last Friday.  In response to the announcement, protests and looting swarmed the streets of the capital.  Sunday, Tshisekedi called for more radical action, urging the country’s security forces not to follow orders issued by Kabila.

“I ask you to be calm and serene because a winner doesn’t get agitated, does not worry, to the contrary, he remains calm.  As for those who are causing our troubles, starting with Mr. Kabila, I ask all of you to look for him, wherever he is in the country, and bring him to me alive.  Whoever brings me Kabila here, handcuffed, will receive a very big prize,” he said.  “Also, Mr. Kabila’s government is dismissed from this day on.  All officers, lieutenants, caporals and soldiers of the Congolese armed forces, I order you to obey [] the legitimate authority.  The same goes for the national and sovereign police force.”

Kabila’s group has, so far, not taken his language seriously.  Though Tshisekedi’s comments were referred to as a “joke,” the president’s team still considers the ramifications significant.

“Mr. Tshisekedi is following a criminal logic,” said Kabila spokesman Aubin Minaku, who warned that the opposition leader could be arrested for his rhetoric.  “Anywhere in the world, when an individual commits a crime, whatever his rank, even a presidential candidate, especially when he incites international crimes, the state must react vigorously, and the International Criminal Court should react vigorously too.”

November’s election was the first to have been organized and operated by the Congolese government, and only the second democratic vote in the country’s history.

For more information, please see:

AFP — Tensions Rise Ahead of DR Congo Inauguration — 19 December 2011

Al Jazeera — Congo Opposition Leader Seeks Army Backing — 19 December 2011

BBC — DR Congo’s Tshisekedi Orders Army to Disobey Kabila — 19 December 2011

Al Jazeera — Congo’s Opposition Leader Insists He Won Poll — 18 December 2011

Congo Planet — Tshisekedi Says He Is President-Elect, Asks Security Forces to Arrest Kabila — 18 December 2011

Washington Post — Congo Opposition Leader Declares Himself – Not Kabila – Election Winner, Urges Calm — 18 December 2011

CNN — Court Upholds Congo Elections — 16 December 2011

Carter Center — Carter Center: DRC Presidential Election Results Lack Credibility — 10 December 2011

By Zach Waksman
Impunity Watch Reporter, Africa

ABUJA, Nigeria­ – Gay rights in Nigeria took a step backwards on Tuesday.  In the face of the United Kingdom’s threat to cut off aid to Africa’s most populous country, its Senate unanimously passed a bill that, if approved by the House of Representatives and signed by President Goodluck Jonathan, would make same-sex relationships illegal.  The action has been met with widespread approval among the general population.

The bill would have several significant effects on homosexuals.  If passed, which is expected, anyone who enters into a same-sex relationship or civil union would face a 14-year term in jail upon conviction.  Those convicted of “witness[ing], abet[ting] and aid[ing]” the performance of a same-sex marriage and “support[ing] the registration [of same]” would serve 10 years behind bars, as would anybody who registered or operated a gay nightclub or organization.  It would also invalidate any certificates of marriage for same-sex relationships issued outside of Nigeria.  Section 3 of the bill provides that “only marriage contracted between a man and a woman either under Islamic law, customary law or the marriage Act is [recognized] as valid in Nigeria.”

Last month, British Prime Minister David Cameron warned that his country would consider withholding aid to countries that discriminated against homosexuals.  In justifying the bill, Senate President David Mark considered it a way of protecting his country’s values.

“If there is any country that does not want to give us aid or assistance just because we want to hold on to our values, that country can keep her aid and assistance,” he said, in what may have been a reference to the threat.  “No country has the right to interfere in the way we make our own laws because we don’t interfere in the way others make their own laws.”

Nigeria had been debating this bill for the past month.  This morning, after the bill’s passage, The Sun Newspaper’s headline proudly declared “”Homosexuals are in trouble!”  But according to Chude Jideonwo, a Nigerian journalist, the country is already strongly homophobic.  To many, the belief is that “homosexuality is ‘of the devil,’ against our ‘culture’ and an encroachment of ‘sad Western values.’”  Even before passage, he said that there was not much demand, “even a quiet one,” for gay marriage of any form.  This raises the question of why the issue was raised in the first place.

“I can’t recall a particular place where this type of marriage has taken place in Nigeria,” said Adetokunbo Mumuni, director of the Socio-Economic Rights and Accountability Project.  “This particular thing they have assented to is a thing of no substance to Nigeria. They should focus on things that affect the majority of Nigerians.”

In international circles, the bill has not received much praise.  Andrew Lloyd, the U.K.’s High Commissioner to Nigeria, reiterated the possibility of sanctions, but added that the media may have overblown Cameron’s remarks.  On Wednesday, he spoke to journalists in Dutse to better explain the British position, which he believed would be matched by most of the Western world.

“It is wrong to punish people for mere expression of their relationships or for choosing to become what they have chosen for themselves,” Lloyd said.  “Punishment is infringement upon their fundamental human rights and the western countries would not condone the action.”

Amnesty International, a human rights group, condemned the legislation and called for the House to halt the bill’s passage.  It is concerned with the potentially massive effect the law would have on human rights for a wide variety of people besides the newly-criminalized homosexual population.

“This bill would have a chilling effect on a range of civil society organizations and events while inciting hatred and violence against anyone suspected of practicing same-sex relationships, including lesbian, gay, bisexual, and transgender people,” said Erwin van der Borght, director of the organization’s Africa Programme.  “By aiming to single out and deprive the rights of one group of people, this bill threatens all Nigerians by violating the country’s Constitution and international human rights obligations.”

According to one of its supporters, an alleged effect of the bill would be an improvement in Nigeria’s overall health.

“Same sex marriage has negative effect on the health of anyone that involved in it,” said Senator Nkechi Nwogu.  “It was unanimous decision by the Senate to pass the bill into law. It is very unfortunate that the western countries want to force their culture on us.”

With similar legislation being discussed or otherwise proposed elsewhere on the continent, this might be the right time for the continent start a dialogue on the topic, which is normally a social taboo. Many African countries depend heavily on foreign aid to remain afloat.  To some, this situation presents an opportunity to deal with the issue directly, instead of trying to suppress it.

“Now is the time to talk about it … to get our house in order.  Let’s use this opportunity to say, ‘OK, if we didn’t have aid, how would we survive?’” said Nigel Mugamu of Zimbabwe. “Let’s talk about gay rights issues. Let’s turn this into a national – African discussion.”

For more information, please see:

CNN — Anti-Gay Law: ‘Why I’m Ashamed to Be Nigerian’ — 01 December 2011

CNN — Nigerian Senate Passes Anti-Gay Bill, Defying British Aid Threat — 01 December 2011

Daily Trust — Britain Won’t Accept Anti-Gay Law, Says Envoy — 01 December 2011

Nigerian Tribune — Senate Recommends 14-Year Jail Term for Same Sex Marriage — 30 November 2011

This Day — Senate Criminalises Same-Sex Marriage — 30 November 2011

Amnesty International — Nigeria Urged to Halt Bill Banning Same-Sex Relationships — 29 November 2011

People’s Daily — Senate Outlaws Same-Sex Marriage — 29 November 2011

Vanguard — Senate Bans Same-Sex Marriage — 29 November 2011