By Zach Waksman
Impunity Watch Reporter, Africa

JOHANNESBURG, South Africa – After months of disciplinary hearings regarding his speech, Julius Malema, president of the African National Congress (ANC) Youth League, part of South Africa’s ruling party, was suspended from participation in party activities for five years on Thursday.  He was also ordered to step down immediately.  He intends to appeal, during which time he would remain in his position.  If his suspension is not reduced, he will be able to return when he is 35, making him too old to lead the Youth League.

“Ill-discipline is not a cure for frustration,” said Derek Hanekom, who led the disciplinary hearing, in explaining the verdict.  “Such disobedience undermined the effectiveness of the ANC.”

A charismatic populist, the 30-year-old Malema had been president of the group since his election in 2008 and had become a controversial figure in South Africa.  He has made numerous statements that divided the country.  In 2008, he promised to “kill for Zuma,” referring to President Jacob Zuma, who became party leader the year before with help from Malema.  Malema has since become a prominent critic of Zuma.  His suspension stems from comments that urged the overthrow of the government of Botswana, which the ANC has ruled to be conduct that functioned as “sowing discord and bringing the party into disrepute.”

The deposed youth leader was in Polokwane sitting for an exam while the punishment was announced in Johannesburg, but he issued a statement in response to the decision.

“Let the enemy enjoy, but that victory will not last.  We will be liberated by Mangaung 2012,” said Malema, in reference to ANC’s elective and policy making conference to be held next year.  “Real leaders of the ANC must now stand up in defense of the ANC.  What I like about these people who have suspended us is that they are brave, they are not scared.  We must also fight for what we believe in. We must never apologize. The gloves are off.”

According to secretary general Sindiso Maqaga, Youth League has already formally registered its objections to the rulings.  Its primary ground for appeal is that it was not able to present mitigating circumstances prior to the suspensions’ announcement.  This right is normally granted to any person who face charges in any forum.  He has 14 days to file.

Reaction within the country has been mostly positive.  African Christian Democratic Party leader Kenneth Meshoe considered the suspension a strong message to younger members.  The Azanian People’s Organisation Youth (Azapoy) also welcomed the decision.

“We view this as the best thing to have happened to South African politics of young people because the pair have been the worst thing to have ever graced the world of youth activism,” leader Amukelani Ngobeni said, in reference to Malema and Youth League spokesperson Floyd Shivambu, who received a three-year suspension.  “Their dirty politicking has made young people lose confidence in young politicians and, as young activists ourselves, we were painted with the same brush.”

BBC analyst Milton Nkosi, who has been covering the story from Johannesburg, viewed Malema’s removal as a “victory” for Zuma, who will be seeking a second term as ANC leader next year, the party’s hundredth year of existence.  It removes a man who was viewed by some to be a potential opponent for him.  According to Nkosi, Malema once told him that if he were to be kicked out of the ANC, his “blood will remain black, green and gold,” in reference to the party’s colors.

What happens from here remains to be seen.  We will find out over the next five years.

For more information, please see:

BBC — ANC’s Suspension of Julius Malema ‘Victory for Zuma’ — 10 November 2011

BBC — South Africa’s ANC Suspends Youth Leader Julius Malema — 10 November 2011

Cape Argus — Malema Axed — 10 November 2011

Mail & Guardian — ANC Youth League Ready to Appeal Malema Ruling — 10 November 2011

New York Times — Youth Leader is Disciplined in South Africa — 10 November 2011

The Times (Johannesburg) — Malema Says Gloves Off, Will Fight Suspension — 10 November 2011

 

By Tamara Alfred

Impunity Watch Reporter, Africa

Seif al-Islam Gadhafi will eventually face justice in The Hague but it is not clear where the son of Libya’s former dictator is hiding, the prosecutor of the International Criminal Court said Wednesday.  ICC Chief Prosecutor Luis Moreno-Ocampo said that mercenary forces may be trying to help him escape Libya, even while people linked to him have been in contact with the ICC about his possible surrender.

Luis Moreno-Ocampo also said he was making headway with an investigation into allegations of widespread rapes by Gadhafi supporters.

Moreno-Ocampo told the Associated Press that he believed the rapes were part of an organized campaign of sexual abuse.  “We have one witness who was a soldier who says he received instructions to rape.”

Moreno-Ocampo’s report also said some witnesses indicated Moammar Gadhafi and al-Senussi had discussed “the use of rape to persecute those considered dissidents or rebels,” but that it was too soon to determine “who may be the most responsible for such gender crimes.”

Moreno-Ocampo told the U.N. Security Council last week investigators are probing hundreds of alleged rapes, but he said the true number could run into the thousands.  Investigators are also looking into reported atrocities by Libyan forces, mercenaries and anti-government forces, as well as the reported deaths of Libyan civilians in NATO airstrikes.  Moreno-Ocampo said allegations of crimes perpetrated by the opposition national Transitional Council included detention of civilians suspected of being mercenaries and the killing of detained combatants.  He did not provide details of possible crimes by NATO forces.

Rights groups have said NTC fighters singled out sub-Saharan African migrant workers for arbitrary arrest due to assumptions they supported Gadhafi.  Western allies, meanwhile, have denied allegations they deliberately targeted civilians during NATO’s seven-month bombing campaign.

Meanwhile, the court’s investigators are looking into the probable whereabouts of Seif al-Islam and former Libyan intelligence chief Abdullah al-Senoussi.  The court is also encouraging their arrests.  Both men have been charged by the ICC with crimes against the Libyan people during the conflict.

“If is not if he will be arrested, it is when,” Moreno-Ocampo said.  “Seif will face justice, that’s his destiny.  It is up to the U.N. Security Council and the states to ensure that they face justice for the crimes for which they are charged.”

Additionally, Moreno-Ocampo said that the ICC had offered Seif al-Islam the possibility of safe transfer to The Hague to stand trial with legal representation.

The U.S. ambassador to the United Nations, Susan Rice, said Gadhafi and al-Senussi “must be brought to justice in a legitimate process governed by the rule of law.”

Seif-al Islam, whom the court described as the de facto prime minister during the early months of the uprising, was the heir apparent in the regime that rules Libya for 42 years.

The U.N. Security Council authorized the court to investigate events in Libya in February.

Libya’s National Transitional Council has promised to examine what happened, but the statement by Ambassador Ivan Barbalic said the investigation must be seen as impartial.  “The rule of law should be a cornerstone of the new rebuilt country.”  Libyan Deputy U.N. Ambassador Ibrahim Dabbashi said that Tripoli would ensure all those involved in crimes not covered by ICC jurisdiction received “transparent investigations and fair and just trials in Libyan courts.”

For more information, please see:

Huffington Post – Saif Al Islam Gaddafi will be arrested, International Court’s Luis Moreno Ocampo says – 9 November 2011

Reuters Africa – ICC prosecutor may bring Libya rape charges – 9 November 2011

CNN – ICC: Mercenaries may try to help Gadhafi son escape – 3 November 2011

Voice of America – ICC Prosecutor to Investigate All Sides in Libya – 2 November 2011

By Zach Waksman
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Violence pervaded Damaturu, a town in northeastern Nigeria, on Friday after bombings and gunfire killed at least 67 people.  The Red Cross believes the death toll could be much higher, but the present known total still makes it the deadliest attack in the country since at least 20 died in August’s attack on a United Nations building in Abuja, the capital.  Islamist militant group Boko Haram, who conducted the August assault, took credit for Friday’s incidents, which destroyed a bank branch and ransacked three police stations, among other damage.  A spokesman for the organization has warned that “more attacks are on the way.”

Boko Haram, whose name means “Western education is sacrilege” in the local Hausa language, seeks to remove the present central government and replace it with strict Sharia law.  Nigeria, Africa’s most populous country, has a religious divide, with mostly Christians in the south and Muslims in the north.  The organization has targeted police and government officials in an effort to achieve its goals.  A few hours after Friday’s massacre, a spokesman spoke to the Daily Trust, a newspaper for the region.

“We will continue attacking federal government formations until security forces stop their excesses on our members and vulnerable civilians,” he said.

In the wake of the attacks, President Goodluck Jonathan cancelled a trip to his home territory for his brother’s wedding.  Through his spokesman, Reuben Abati, Jonathan vowed that “every step will be taken” to apprehend the perpetrators.  Despite the president’s tough talk, the government has taken flak for not being able to stem the tide of violence.  The Action Congress of Nigeria (ACN) expressed concern for its reactions, saying that “it is time for security chiefs to toe the path of honor by resigning or be kicked out.”

“In other climes, the President would have gone ahead to address his compatriots to reassure them that the government is still capable of protecting them, instead of merely telling them his cannot make a social trip,” the group added.

To the Human Rights Writers Association of Nigeria (HURIWA), the growing strength of Boko Haram signified a weak government that was unable to act as an effective check.  It demonstrated a lack of mechanisms to control arms flow into the country.  The rise of terrorist organizations could be viewed as a “self-help effort.”  If the government could not maintain security, it would have to deal with civilians acting their own.

Fear continues to reign in Nigeria.  Saturdays, survivors were scared to leave their homes in order to survey the damage.  Since then, the United States has issued warnings of potential new strikes at luxury hotels in Abuja during the Sallah holiday.  The Hilton, Nicon Luxury and Sheraton are among the potential targets.  They are frequented by diplomats, politicians and the country’s business elite.

“Radical sect responsible for attacks that left more than 100 people dead in Nigeria this week could bomb three luxury hotels frequented by foreigners in the oil-rich nation’s capital,” the U.S. Embassy advised.

Kashim Shettima, governor of the Borno State, said that he was willing to talk to the dissidents in an effort to put an end to the insurgency.  Others are not so optimistic.

“I know for a fact that there’re Nigerian groups in and outside the government, including the media, who are suggesting that the government should try to talk to Boko Haram,” said Nii Akuetteh, a former executive director of Africa Action.  “But my own impression is that they don’t seem to be particularly ready or inclined to talk.”

For more information, please see:

African Herald Express — Sallah: U.S. Predicts Boko Haram Attacks on Luxury Hotels in Abuja — 07 November 2011

Bloomberg — Nigeria Bombings at Police Stations in Northeast Kill 53 as Curfew Imposed — 07 November 2011

Daily Trust — Gov. Shettima Urges Boko Haram to Sheath Sword — 07 November 2011

The Guardian — Terrorists May Bomb Luxury Hotels in Abuja, U.S. Warns — 07 November 2011

This Day Live — Bomb: HURIWA Tasks FG on Quick Response — 07 November 2011

Al Jazeera — Nigeria Group Threatens More Deadly Attacks — 06 November 2011

BBC — US Warns of Attacks on Hotels in Nigerian Capital — 06 November 2011

New York Times — U.S. Warns of Attack by Muslim Sect in Nigeria’s Capital — 06 November 2011

BBC — Nigeria Boko Haram Attack ‘Kills 63’ in Damaturu — 05 November 2011

New York Times — Nigeria Attacks Kill 67; Sect Claims Responsibility — 05 November 2011

By Zach Waksman
Impunity Watch Reporter, Africa

MONROVIA, Liberia – Next Tuesday, Liberia is scheduled to have a runoff election to determine who will be President of the small West African country.  The top two candidates are the incumbent, Nobel Peace laureate Ellen Johnson-Sirleaf, who is the first female elected head of state in African history, of the Unity Party and Winston Tubman of the Congress for Democratic Change, if Tubman decides to take part in the election.  The CDC is presently considering a boycott unless its demands are met.

Tubman received 32.7% of the vote in the first round of polling on October 11, second to Johnson-Sirleaf’s 43.9%.  To win the election, a candidate must receive at least 50% of the vote, hence the current situation.  Since the results’ announcement, the CDC has alleged widespread fraud, including the use of pre-marked ballots, which ran counter to claims from international observers such as the Carter Center, who praised the vote for being quick and efficient.  With these claims, the CDC demanded the resignation of National Elections Commission Chairman James Fromayan as a condition for its taking part in the runoff, based in part on a letter it received from the NEC last week, saying that it had finished first in that vote.

Sunday, Fromayan announced that he was stepping down, in compliance with its demand.  He claimed to have committed no wrongdoing.

“I want to emphasize that the decision I make today is in the supreme interest of the people of Liberia and not a capitulation of these demands,” Fromayan said.  “It is my hope therefore that with my departure from the Commission, there will be no further obstacle or pre-condition for their participation in the November 8 presidential run-off election.”

Elizabeth Nelson, his deputy, will take his place.  Sixteen complaints regarding the initial vote remain unresolved.

Despite Fromayan’s acquiescence, the CDC has remained steadfast in its boycott.  Speaking to the press on Monday, Tubman called the resignation a gain.

“We need to make some administrative arrangements to allow us to observe the process more closely, he added.

The October 11 vote had been observed by about 800 foreign monitors and 4,000 local observers.

On Wednesday, Front Page Africa received a copy of the CDC’s list of conditions for participation in the runoff.  Its demands seek “equity and a level playing field” by permitting an even split of ad-hoc NEC membership between the parties and the presence of international monitors who can actively participate in the process.  It also wants greater security for the election materials and permission for party representatives to help illiterate voters find their preferred candidates.

The Carter Center will send a contingent of at least 50 international observers to Liberia.  After receiving three days of briefing in Monrovia, the capital, they will spread throughout the country and remain there through the end of this month.

“These are historic elections for Liberia. Following a transparent and peaceful first round, Liberians now have the opportunity to cast their ballots in the second round to select Liberia’s next president,” said Alexander Bick, its election observation mission director.

Nelson was resolute in response to the CDC’s comments.  In response to the NEC’s letter claiming it had finished first in the October 11 vote, she said: “In fact that letter wasn’t even necessary. We are on zero-zero. Unity Party has no score, CDC has no score, so it is not important. It is just not important. We are going to a runoff.”

For more information, please see:

Carter Center — Carter Center Observers Due for Run-Off — 02 November 2011

Front Page Africa — CDC Demands in Details: Full Text of Remaining Conditions for Runoff Participation — 02 November 2011

Liberian Observer —CDC Makes New Tough Demands, but New NEC Chair Says Nov. 8 Vote on Schedule — 02 November 2011

Al Jazeera — Liberia Election Commission Chief Resigns — 31 October 2011

BBC — Liberia Election: Tubman Hails Poll Chief’s Resignation — 31 October 2011

Front Page Africa — Not Enough: CDC Standard Bearer, Sec. Gen. Split over Fromayan’s Resignation — 31 October 2011

New York Times — Liberia: Presidential Candidate May Still Boycott Runoff Vote — 31 October 2011

By Tamara Alfred

Impunity Watch Reporter, Africa

As other African countries continue to fight over the potential criminality of being homosexual, South Africa, where gay marriage is completely legal, is dealing with the growing the trend of “corrective rape.”

“Corrective rape” is when a man forces himself on a homosexual woman believing it will end her lesbianism.  The men who are perpetrating this violence believe that by raping a woman they can turn her into a “real African woman.”

The extent of the problem is hard to know since the South African police do not separate “corrective rape” statistics from other rape cases.  Additionally, the government does not acknowledge that “corrective rape” is a major issue.  Earlier this year, a Ministry of Justice spokesman told Time that the government “accept[s] that there is room for improvement, but that does not mean that the situation has gotten out of hand.”

Interpol estimates that half of South African women will be raped sometime during their life.  The Daily Mail reported that ten women are currently assaulted by men every week.

Meanwhile, human rights groups in the country – where gay rights are constitutionally protected – are outraged.  Activists want to see South Africa’s justice system take a stronger stance against “corrective rape,” and are pushing for legislators to make it a hate crime.

Cherith Sanger, of the Women’s Legal Centre in Cape Town, said, “We believe that corrective rape warrants greater recognition on the basis that there are multiple grounds of discrimination.  It’s not just about a woman being raped in terms of violence against women, which is bad enough, but it’s also got to do with sexual orientation so it’s another ground or level of unfair discrimination leveled against lesbians.”

Human Rights Watch recently conducted interviews in six of South Africa’s provinces and concluded that “social attitudes towards homosexual, bisexual, and transgender people in South Africa have possibly hardened over the last two decades.  The abuse they face on an everyday basis may be verbal, physical, or sexual – and may even result in murder.”

The South African director at Human Rights Watch, Siphokazi Mthathi, said, “Sexism is still deeply embedded here.  There is still a strong sense among men that they have power over women, women’s bodies and there’s also a strong sense that there’s not going to be consequences because most often there are no consequences.”

In 2009, the UK’s Channel 4 broadcast a report by Samira Ahmed in which she asked a man, “what do you think of the men who say you have to rape a lesbian to fix her.”  The man replied, “I think that is good because that is not good to be a lesbian.  I think that is a good idea to do that to them.”

Ironically, South Africa is considered more tolerant on the continent where being gay is illegal in many other countries.  The South African Constitution specifically forbids any discrimination based on the sexual orientation of its citizens.   As a result, those entrusted with enforcing the country’s “tolerant laws” are now being accused of re-traumatizing victims.

One woman followed by CNN, 20-year-old Zukiswa Gaca, reported being attacked in December 2009.  In the course of trying to find out information regarding her case, she eventually had to make a 30-minute drive from her home where she found the third assigned investigating officer to her case.  He met with her in the wide, open office.

When Gaca asked why the police had not interviewed a friend of the alleged attacker who had witnessed the rape, another officer in the room told her, “I never take a statement from a suspect’s friend.”  He continued that “[t]he only statements that are important here are the ones from your friend, a neutral person or a neighbor.  Not someone who was there watching while you were being damaged and he wasn’t helping.”

Gaca continued to force the police to do their jobs every step of the way.  She was the one who insisted the police re-arrest her alleged attacker after they let him go without taking DNA evidence.  Gaca was also in the car when the police finally questioned the witness.  He answered while leaning in through the car’s open window, while Gaca sat and watched.

The actions are possible violations of South Africa’s Victims’ Charter, drafted in 2004, which grants seven fundamental rights to every victim of crime.  Included is the right to be treated with fairness and with respect to one’s dignity and privacy.

Now almost two years later, Gaca is still awaiting her day in court.

“They always get away with it.  I’m just pushing so that there will be a different story on my case,” she said.  “Maybe if this guy could be sentenced or something happens to him I think a lot of my friends will report their cases because some of the lesbians, they don’t report their cases, they don’t go to the police station because they know that it will just be a waste of time.”

For more information, please see:

Indian Express – S African lesbians becoming victims of barbaric ‘corrective rape’ – 31 October 2011

Digital Journal – ‘Corrective rape’ a growing trend in South Africa – 29 October 2011

CNN – Horror of South Africa’s ‘corrective rape’ – 28 October 2011