By Tamara Alfred
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The International Criminal Court (ICC) took a major step forward as Cape Verde became the latest Member State to accede to the Rome Statute, the treaty that established the ICC which prosecutes individuals for genocide, crimes again humanity and war crimes.

The Statute will take effect for Cape Verde on 1 January 2012, bringing the total number of states party to the ICC to 119.

The ICC President, Judge Sang-Hyun Song, welcomed Cape Verde into the tribunal system, saying: “As the first Lusophone country in Africa to ratify the Rome Statute, Cape Verde has not only demonstrated its commitment to international criminal justice but also taken us one step further towards a truly universal system of the Rome Statute, representative of all peoples, cultures and legal systems of the world.”

And yet, the ICC suffered a blow when Malawi rejected calls to arrest visiting Sudanese President Omar al-Bashir, who is wanted for war crimes in Darfur.

Malawian President Bingu wa Mutharika ignored the outcry at his hosting of Sudan’s Omar al-Bashir as he opened a regional trade summit Friday.

Bashir is the first sitting president indicted by the International Criminal Court (ICC), which issued a warrant in 2008 for his arrest on charges of genocide, crimes against humanity and war crimes in Sudan’s Darfur region.

Bashir was among six heads of state at the meeting of the 19-member Common Market for Eastern and Southern Africa (COMESA), despite calls from the European Union and international rights groups for Malawi to arrest him.

The trade talks, however, have been overshadowed by the uproar over Bashir’s visit.

Malawi is a signatory to the ICC, but senior officials told the media that Bashir would not be arrested.  Malawi’s Information Minister Patricia Kaliati told the BBC it was not her government’s “business” to arrest Bashir.

President Mutharika made no mention of Bashir as he opened the summit.  Recently, Mutharika has become a staunch critic of the ICC, according to the BBC’s Joel Nkhoma.  Mutharika accuses the court of unfairly targeting African leaders and believes that Africa should set up its own court to try alleged war criminals.  Several other African countries have also refused to arrest Bashir and the African Union has urged the UN to suspend the arrest warrant.

EU foreign policy chief Catherine Ashton urged Malawi to arrest Bashir, noting the country’s “obligations under international law to comply with the International Criminal Court.”

For more information, please see:

BBC News – Omar al-Bashir arrest request rejected by Malawi – 14 October 2011

AFP – Malawi ignores outcry at Bashir visit for trade summit – 13 October 2011

UN News Centre – Cape Verde ratifies treaty setting up International Criminal Court – 13 October 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KAMPALA, Uganda – On Friday, 14 October, President Obama reported that he sent 100 U.S. troops to Uganda to hunt the leaders of the Lord’s Resistance Army (“LRA”). President Obama said this notoriously violent group “has murdered, raped, and kidnapped tens of thousands of men, women and children in central Africa.”  Formed in the 1980s, the LRA engaged in a twenty-year war in northern Uganda and its neighboring countries. Since 2008, the LRA has killed over 2,400 people and abducted more than 3,400, with LRA activity displacing over 380,000 people in the region. The LRA has also forced young boys to fight and used girls as sex slaves.

Although the U.S. has provided over forty million dollars, logistical support, non-lethal equipment, and training and intelligences assistance to support regional efforts to remove the LRA since 2008, the effort has been unsuccessful.

The U.S. troops are reportedly being sent to act as advisers to support the regional forces striving to remove Joseph Kony, the head of the LRA, and his advisers from the battlefield. The International Criminal Court (“ICC”) issued arrest warrants for Kony and four close aides in 2005 for crimes against humanity and war crimes.  In 2008, Kony refused to sign a peace deal with the Ugandan government because the agreement would not guarantee withdrawal of the ICC arrest warrants.

President Obama deployed the forces to “provide information, advice and assistance to select partner nations,” claiming that countering the LRA’s efforts in central Africa are in furtherance of U.S. national security interests and foreign policy objectives.  The combat-equipped troops will only engage LRA forces if it is necessary for self-defense.  With each country’s approval, the troops, primarily comprised of Special Operations Forces, will deploy to Uganda, South Sudan, the Central African Republic, and the Democratic Republic of the Congo.

President Obama did not comment on the deployment duration, but US military spokesperson said, “forces are prepared to stay as long as necessary to enable regional security forces to carry on independently”.

Uganda’s acting foreign minister, Henry Okello Oryem, reportedly welcomes the U.S. troops, but also notes  that the region has pleaded with the Americans and Europeans to help fight these international terrorists for twenty years. However, in December, the thirty-four LRA-affected groups in northern Congo, Central African Republic, and Southern Sudan communicated their appreciation to President Obama for his commitment to addressing this problem.

Their December letter stated, “Each day that goes by without a solution to the problem of the LRA is another day of terror and pain for those of us living under constant threat of renewed attacks . . .. During these attacks, our family members were killed in unimaginably savage ways: their heads crushed with clubs or machetes; their faces disfigured; and their genitals, mouths, ears, legs and arms cut off, for no reason other than to terrorize.”

For further information, please see:

Al Jazeera – Uganda: US Help Against Rebels Overdue – 15 Oct 2011

CNN – Obama Orders U.S. Troops to help chase down African ‘Army’ Leader – 15 Oct 2011

BBC – US to Send Troops to Uganda to Help Fight LRA Rebels – 14 Oct 2011

Xinhua – Obama Sends US Military to Help Fight Lord’s Resistance Army – 14 Oct 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – On 11 October, government forces and the militant Islamist group al-Shabab engaged in heavy fighting in the Hamar-weyne district of Mogadishu.  This violence forced a hospital to close and residents to flee the country’s capital.

The residents feared renewed warfare in northern Mogadishu, where Islamist militants are taking position.  They packed up their household goods and left on donkey-powered carts with their children.

On Wednesday, 12 October, the residents reported Al-Shabab fighters were digging new trenches.  These new trenches coupled with the movement of 9,000 African Union (“AU”) forces into these neighborhoods signify fighting may break out soon.

At least twenty civilians and one African Union soldier died during fighting that ignited over the weekend and ended on Monday, 10 October.  Director of Mogadishu’s ambulance service said that because the ambulances could not reach people, several people bled to death.

The day the violence ended, Dr. Ahmed Mohammed reported one staff member died during a shelling of the maternity ward operated by SOS children.  The violence also forced patients and staff to flee the hospital.  Forty women, including women who just gave birth by caesarean section, and children who were treated for severe malnutrition fled the hospital.  Dr. Mohammed fears some of the children may have died because they could not receive treatment.  He added that the hospital closed for the first time in twenty-five years on Monday.

Dr. Mohammed commented, “I am pleading and I am begging both parties . . . to leave the place and allow people to come back and get the assistance from the hospital.”

On Monday, the AU forces also drove al-Shabab militants from the north of Mogadishu, their last stronghold.  AU force spokesperson Lt. Col. Paddy Ankunda stated, “It has been a big achievement to remove [al-Shabab] from the city, and put an end to the fighting that disrupted so many lives.”

Last week, al-Shabab killed over eighty people during a bomb attack in Mogadishu.  Since August when al-Shabab said it would withdraw from Mogadishu after the AU forces sustained an offense, it increased its guerrilla tactics to fight Somalia’s weak government.

Maj. Gen. Fred Mugisha, the AU force commander, reported some al-Shabab militants still pose a threat in northern Mogadishu.  He said al-Shabab “will be judged harshly for the lives they take and the atrocities they commit. We need the support of all peace-loving Somalis to help us restore peace and stability to the city.”

For further information, please see:

San Francisco Chronicle – Packing Up Home: Mogadishu Residents Flee Warfare – 12 Oct 2011

Mareeg – Government Soldiers Exchange Fires in the Somali Capital, Mogadishu – 12 Oct 2011

BBC – Shelling shuts Mogadishu Hospital – 11 Oct 2011

 eTaiwan News – Somalia: 8 Die in Battle Between Gov’t, Militants – 11 Oct 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

YAOUNDE, Cameroon – Sunday’s presidential election in Cameroon was marked with apathy as long-standing President Paul Biya’s main opposition party accused the ruling party of fraud.  Mr. Biya faced twenty-two challengers in the election.  The Supreme Court of Cameroon will announce election results within two weeks.

Although the election was generally peaceful, the government reported an unknown gunman killed two gendarmes (members of a military force charged with police duties) at a polling station in the Bakassi peninsular.  Nigeria recently handed control of this oil-rich peninsular to Cameroon after an international court ruling.

Social Democratic Front (“SDF”) official, John Fru Ndi, reported “disorder” and “intimidation” at polling stations, with some people unable to vote while others voted multiple times.  SDF Secretary General Elizabeth Tamanjon said, “”We actually caught some people voting three times . . .. How could such a thing happen?”

To prevent people from voting more than once, poll station workers stamped people with an indelible ink.  However, Mr. Fru Nidi reported this ink easily washed off.  Moreover, at the polling station several people were told that someone had already cast a ballot on their behalf.  The BBC reported it was common for polling stations to have stacks of unclaimed ballots.

On Saturday, Sani Tanimou, general secretary of Elections Cameroon (“Elecam”), said voters must be duly registered and present their national identity cards at polling stations from 8 a.m. to 6 p.m. to receive a ballot.  However, some polling stations remained opened after official voting hours concluded because they only opened at 4 p.m.  Voters also did not vote because they could not locate their polling station or their names were not listed on the voter list.  Other voters chose not to vote because the ballot was skewed widely towards Mr. Biya.

Government officials deny the fraud speculations.  Mr. Biya said, “The world is not a perfect place, but let’s be positive, for there has been no intention of fraud.  We’re for transparency and free elections.”

Without high voter turnout and a single opposition candidate, many people expect a Mr. Biya victory.  The opposition parties argue the government restricted their campaigns by limiting their funding and media airtime.  Previous presidential candidates, former government officials, and two women composed Mr. Biya’s opposing candidate pool.

Approximately 7.5 million people registered to vote, but less than 40% of these eligible voters participated in the election.  Cameroon also installed 79 voting stations in 33 countries for the 25,578 voters living overseas.

For example, a man carried 21 voter cards at the Mbangum market in the northwest regional capitol.  The polling station did not allow him to vote because they lost the voter list.  They eventually found the list in the man’s bag.

For further information, please see:

Africa Review – Cameroon Vote Count Starts as Paul Biya Poised for Win – 10 Oct 2011

Atlanta Journal-Constitution – 2 Troops Killed in Cameroon on Election Day – 10 Oct 2011

BBC – Cameroon Election: SDF Accuse Paul Biya’s CPDM of Fraud – 10 Oct 2011

Business Ghana – Cameroon Incumbent President Paul Biya Certain for Another Term – 10 Oct 2011

By Tamara Alfred
Impunity Watch Reporter, Africa

South Africa – The Commission for Gender Equality (CGE) in South Africa is accusing authorities of failing to properly investigate the deaths of five gay men.  Local media outlets have suggested that the men are the victims of a homophobic serial killer.

Homophobia is widespread in South Africa, despite its liberal laws.  South Africa’s constitution specifically prohibits discrimination against homosexuals and lesbians; and is the only African nation to have legalized gay marriage.  And yet, according to The Star, a Johannesburg newspaper, there have been a large number of murders of gay men and women in South Africa this year, with potentially five gay men killed in Johannesburg in the past 18 months, according to The Star.

In a statement, the CGE condemned the killings as well as official delays in finding the perpetrators.

“As enshrined in our Constitution of the Republic of South Africa, lesbians, gays, bisexuals, transgendered and inter-sexed people (LGBTI) have the same rights just like everyone else.  The continual hatred and kills of LGBTI people is [a] violation of [the] founding provision of the South African Constitution which [is] equality and human dignity.  Such horrendous deeds are not only meant to rob society and the families of good people who do not [deserve] to go through these gruesome acts but shows that some in our society are very intolerant and unable to appreciate the diverse society that we live in.”

“The Commission is also concerned about the long delays in cases relating to this issue.  CGE views these acts as criminal acts and the perpetrators deserve to face the full might of the law,” said Javu Baloyi, a spokesman for the CGE, in a statement to The Huffington Post.  “It is our firm belief that the Department of Constitutional Development and Department of Justice have to come to the party by ensuring that gay people receive the necessary attention and that these murders are properly investigated.”

The victims were all in their 30s.  Each was found bound and strangled, according to The Star.

The first victim, 36-year-old Jim Cathels, was found dead in his home in December 2010.

Approximately six months later, in June 2011, Reno Oscar O’Hara, 33, was found dead in the home of Ivan Vladislavic, a South African short story author and novelist.  O’Hara had been housesitting for the author, who discovered him upon his return from a trip to the United Kingdom.

On September 11, Siphiwe Selby Nhlapo, 36, was found in his apartment.

The fourth victim, 39-year-old Barney van Heerden, was found in his home on September 19.

In addition to being bound and strangled, Heeden’s killer also poured acid on the body after death.  While some forensic specialists think that the killer may have been attempting to destroy DNA evidence, Washington, D.C.-based criminal profiler Pat Brown told The Huffington Post that she thought it was more likely an experiment in torture.

A fifth victim is believed to have also been found, though the identity of the man is still unconfirmed.

There were no signs of forced entry in any of the cases.  In Heerden’s case, police found half-full glasses of wine on the kitchen table, leading them to believe that Heerden may have known his attacker.

Because of sexual orientation of the victims and the fact that they used Internet dating websites, local activists and media outlets suggest that a serial killer may be responsible.  The South African Police Service, however, is not so sure.  Speaking with Looklocal News, spokesperson Lt. Col. Lungile Dlamini said that the murders are being investigated as individual cases.

“We have excluded robbery as a motive, but, at this stage, there is no further information that may suggest that the incidents are the work of a serial killer.  Police are still following leads to identify suspects,” Dlamini said.

However, the CGE still believes that the police are too slow in investigating the crimes, specifically because of the sexual orientation of the victims.  CGE spokesman Javu Baloyi told the BBC, “[These] cases take too long, even if there is compelling evidence of hate crimes.  We [in South Africa] have got one of the best constitutions.  Yet, people have got deep-rooted hatred for gays and lesbians.”

Dlamini also denied the allegations.  “We investigate each case based on the evidence from the scene and the information at our disposal.  We don’t place greater or less importance on any case.  We work with the information we can gather.”

Brown disagrees.  “There is unquestionably a serial killer loose in South Africa – at least one,” said Brown.  “Since there are Internet dating sites involved, no signs of breaking or entering, wine on the table, no items of major value missing and no sign of a struggle prior to the binding, we can eliminate burglary or hate killing as the motive….This is a serial killer who likes to watch his victims die…”

For more information, please see:

International Business Times – Activists fear serial killer targeting gay men in Johannesburg, South Africa – 7 October 2011

The Huffington Post – South Africa ignoring a serial killer targeting gay men? – 7 October 2011

thejournal.ie – Gender group condemns South African ‘gay slayings’ – 7 October 2011

BBC News – South Africa call to solve gay ‘serial killings’ – 6 October 2011