By Carolyn Abdenour
Impunity Watch Reporter – Africa

JOHANNESBURG, South Africa – Julius Malema, South Africa’s African National Congress (“ANC”) youth leader, accused South Africa’s courts of being racist on Wednesday, 14 September, after they convicted him of hate speech on Monday, 12 September.  The court held Malema’s signature song ‘Dubul ibhunu’ roused hatred.  Loosely translated, the song means, “Shoot the Boer”.

Judge Collin Lamont categorized the song as hate speech.  He banned people from using the song’s word in private or public.  However, ANC supporters began singing the song minutes after the ruling, and police did not arrest the singers outside the courtroom.

Afrikaner rights groups led by AfriForum filed a legal complaint to ban Malema from singing the song.  AfriForum believes the song incites violence towards the Afrikaners, a white minority ethnic group in South Africa who ruled the country under Apartheid.  Although the ANC and Malema stated they plan to appeal the verdict, the BBC reports analysts fear ANC will face difficulties disciplining him as this verdict increases his popularity.

The song discusses Afrikaners and farmers, and it became popular during the anti-apartheid movement.  Malema responded to the verdict with “Once again we find ourselves subjected to white minority approval.  Apartheid is being brought through the back door.”

Malema argues the song symbolizes the ongoing fight against oppression and injustice.  He asserts the word “Boer” refers to the Apartheid system, not Afrikaners.  Moreover, Malema emphasizes these songs should be protected by the law.  He intends to ask Parliament to protect these liberation songs as a part of the country’s anti-apartheid heritage.  Malema said “The judge alone takes the decision to ban the people’s song.  It’s an unfair practice which we must not just accept.  We must fight it.”

South Africa’s laws and liberal constitution written after Apartheid are interpreted by white judges appointed under Apartheid along with judges of all races appointed after Apartheid.  Malema, a black man, feels the government has not changed the judicial system enough after Apartheid.

The ANC is currently conducting disciplinary hearings against Malema for violating the ANC constitution, calling to overthrow the leader of Botswana, and undermining South Africa President Jacob Zuma.  The police are also investigating Malema for corrupting government contracts.

Malema believes he is a victim of a witch-hunt due to his opposition against Zuma.  However, Malema supported Zuma’s rise to power in 1999.

The court held Malema responsible for singing the song in public.  Malema responded that “Even if I wanted, I would not have the capacity (to compose it). I have got limitations. I sing badly, I have got no copyright (on it).”

For further information, please see:
BBC – South Africa’s Julius Malema denounces ‘racist’ courts – 14 Sept 11
IOL News – ANCYL to ‘demand legislation’ to protect song – 14 Sept 11
The Washington Post – South Africa: ANC youth leader calls courts racist after losing hate speech case – 14 Sept 11
Aljazeera – ‘Shoot the Boer’ freedom song banned – 12 Sept 11

By Tamara Alfred
Impunity Watch Reporter, Africa

According to a US diplomatic cable released by WikiLeaks, Nigeria released known terror suspects, including some affiliated with al Qaeda’s north Africa branch, as part of a program known as “Perception Management” to placate elders in the country’s Muslim north.

The release of the suspects in early 2008 coincides with the time when Nigerian authorities released the man now suspected of helping organize the August 26 bombing of the United Nations headquarters in Nigeria that killed 23 people.

The cable, dated March 20, 2008, outlines how 18 terror suspects being held by the government were released in early 2008.  Twelve of the suspects became part of “Perception Management” run by the nation’s secret police.  Under the program, imams and traditional leaders in north Nigeria served largely as parole officers responsible for reforming the suspects.  However, the cable suggests pressures to save Nigeria’s international image may have influenced the decision to release the suspects.

“The court ostensibly remains under political pressure to expedite, even throw out terrorism cases to ensure Nigeria is not given the distasteful reputation of a ‘terrorist safe haven,’” said the cable signed by then-US Ambassador Robin Renee Sanders.

A high-ranking Nigerian government official told the Associated Press last week that Babagana Ismail Kwaljima, a suspected member of the radical sect Boko Haram now being held over the bombing, was released in 2007 to placate Muslim leaders.

Reports have been circulating recently of Boko Haram branching out and collaborating with al Qaeda’s affiliates.  In the past two years, the radical sect, whose name means “Western education is sacrilege” in the local Hausa language,” has met and trained with al-Qaeda affiliates outside the country and begun waging a propaganda campaign that includes conference calls with reporters.  Violence has increased recently and civilians are increasingly put in the line of fire.

Several dozen civilians were killed in June when bombs were thrown into the outdoor beer parlors that exist on the Christian-minority fringes.  Not all women are veiled and alcohol can be obtained – apparently an affront to the group’s goal of imposing strict Islamic law in the north, say Nigerian authorities.

According to a report in mid-August from Amnesty International, about 140 people have died in the violence since January, including dozens of civilians killed by the military.

The Nigerian government has responded with such a broad, harsh crackdown that many residents now see the military as more of a danger than Boko Haram.  The brutal Nigerian military tactics – shoot first, ask questions later – are creating more sympathizers for the group.

In the neighborhoods, the anger against the military is undeniable.  Nobody admitted supporting Boko Haram, but several residents said “young men” were now signing up with the group.  When asked about the army, an angry mob quickly formed.

“After looting the properties of the people, they killed innocent people,” said Yusuf Babagana, describing an army incursion after a bomb blast in the Abbangaram neighborhood in July.  “They are creating more chaos than the Boko Haram sect.  They are looting, killing, and even raping.”

Saude Maman recounted how soldiers yelled at her husband, “you are Boko Haram!” after a car bombing that resulted in the military cordoning off the district.  When her husband denied it, “they dragged him to the courtyard and shot him,” said Maman.  Fourth other women also said they lost their husbands that same night.  Amnesty International reports that at least 25 people died in that operation alone.

A businessman in Abbangaram said, “When the army men came in they just started beating everybody, and killing everybody.”  On July 23, according to Amnesty, 23 people were killed by soldiers after a blast near the palace of the sheik.

Residents were again forced to flee the streets when a bomb went off in Maiduguri alongside Baga road where Boko Haram has been accused of operating.

One resident told AFP that when the bomb went off “everybody rushed indoors to avoid harassment by soldiers who usually vent their anger on residents every time such attacks occur.  Nobody can say if there were casualties because soldiers have taken over the area, shooting in the air.”

Hundreds of troops were deployed to Maiduguri this year to help stem the unrest, but residents have accused them of shooting civilians on suspicion they conspire with the Islamists.

Despite denials by a military spokesman, wounded men are still filling the hospital.  “A soldier shot me,” Zira Koda said.  “They entered my house and shot me.  There was no reason for it.”

For more information, please see:

Huffington Post – Nigeria Terror Suspects Released Knowingly: Cable – 7 September 2011

AFP – Bomb explodes in violence-torn Nigerian city: residents – 6 September 2011

The New York Times – Islamist Group With Possible Qaeda Links Upends Nigeria – 17 August 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KAMPALA, Uganda – On Friday, 1 September, the Ugandan police prohibited a rally to celebrate the overthrow of North African dictators organized by opponents of President Yoweri Museveni.  Police spokesman Vincent Sekate stated “The purpose of the rally is likely to incite the public into violence.”  However, Mathias Mpuga, leader of opposition Activists for Change, denies the police allegations.

On Wednesday, the security forces banned the opposition from holding the rally on the Clock Tower grounds in Kampala for security reasons.  The police also heavily deployed their forces to the venue.  Opposition political parties, government critics, and civil society groups were planned participants in the rally.

BBC reports Activists for Change called the rally to “celebrate people power in North Africa.”  The organization also printed fliers to advertise the rally.  The flier depicts crossed-out photos of ousted leaders in Tunisia, Egypt, and Libya adjacent to a photo of President Museveni as the next leader to fall.

Mr. Museveni has held office since 1986, but the opposition argues his reelection victory in February was fraudulent.  Since February, Museveni’s opposition has organized several protests to challenge the rising cost of living in Uganda.  In April, nine people died at a rally after security forces intervened.  Officials also assaulted, arrested, and charged opposition leader Kizza Besigye during a protest, but they later dropped the charges.  The police broke up these rallies with tear gas.

The protest organizers assert Uganda is ready for an uprising similar to those in North Africa.  They warned police partisanship could move people towards violent insurrection rather than a peaceful demonstration.  Mpuga said, “We want to do things the Tunisian or Egyptian way, but they are pushing us the Libyan way.”  He added, “We have never had any intention to engage in activism that would endanger fellow activists as well as the work of other ordinary Ugandans not concerned with our protests.”

The police and the protest organizers failed to reach an agreement to hold the rally on Friday, and Mpuga commented the disagreement “is creating a lot of fear in the general public in Kampala because every time we have had standoffs with the police, we have had several people injured.”  Voice of America reports some analysts suggest the opposition groups want to topple Uganda’s government, Mpuga asserts the rally does not intend to plunge the country into chaos.

On Friday, Mpuga announced “we are shifting the rally from today to Friday next week at the same time and same venue.”

For further information, please see:
The Times – Ugandan opposition delays solidarity rally – 2 Sept 11
BBC – Ugandan police ban ‘regime change’ rally – 1 Sept 11
International Business Times – Uganda Bans Rally Celebrating North African Revolts – 1 Sept 11
Voice of America – In Uganda, Planned Opposition Rally in Doubt – 1 Sept 11

By Carolyn Abdenour
Impunity Watch Reporter, Africa

JOHANNESBURG, South Africa – Human Rights Watch (“HRW”) issued Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries, a 96-page report, describing unsafe working conditions for workers on vineyards that produce internationally renowned wines in South Africa. Based on 260 interviews with farm workers and owners, government officials, civil society members, lawyers, union officials, and industry representatives, the report encourages the government to respect labor laws.  Wine and fruit farms are valuable economic contributors to South Africa, the seventh-largest wine producer in the world.

The report states, “Workers also often have no access to drinking water, hand washing facilities, or toilets as required by labour regulations.” However, industry group Wines of South Africa (“WOSA”) believes the report is misleading and challenges the report’s accuracy.  WOSA feels the report undermines efforts to redress past wrongs and improve workers’ working and living conditions.  However, WOSA said they would investigate the study.

Su Birch, chief executive of WOSA, commented, “Ironically, [the report] could also jeopardise the jobs of the very people it claims to be championing.” Emphasizing workers compete with South Africa’s strong currency, face a global economic downturn, and lack of government support global competitors receive, she added “[WOSA] call[s] on government to partner the wine industry in accelerating reform and in rooting out problems.”

HRW reported although some farms comply or exceed the law regarding worker’s condition, the vineyard community lacks sufficient investigators to monitor worker’s conditions.

Although South Africa has strict labor laws, these farm workers are some of the lowest paid workers in the country with women receiving lower wages than men do.

Furthermore, a majority of the workers are casual or seasonal workers who are unaware of their rights.  These workers face difficulty joining labor groups to learn about their rights.  Many workers were victims of illegal evictions that the government did not criminally investigate.  According to the HRW report, workers are also subject to inadequate housing, and Kaitlin Cordes of HRW recalls speaking “to a worker who has been living in a pig stall with his family for more than 10 years.”

Daniel Bekele, Africa director at HRW, encourages consumers “not to boycott South African products, because that could be disastrous for farmworkers” but rather urges retailers to push suppliers to amend workers’ conditions.

HRW stated, “Greater coordination within the government; more robust monitoring, resource allocation, and transparency; and clarity on responsibility for the millions of farm workers and dwellers in South Africa would go a long way towards ameliorating the intolerable abuses that they suffer.”

For further information, please see,
BBC – South Africa wine grown by ‘abused’ workers – 23 Aug 2011
Harpers – South African vineyards accused of human rights abuses – 23 Aug 2011
Mail & Guardian – Fruit of a poisoned vine – 23 Aug 2011
Reuters Africa – HRW alleges abuses in S. African wine industry – 23 Aug 2011