Africa

Former Nuremberg Prosecutor Ben Ferencz Closes ICC Case against Lubanga

By Eric C. Sigmund
Managing Editor of News, Impunity Watch

THE HAGUE, Netherlands – In a historic moment for the International Criminal Court, former Nuremberg prosecutor Benjamin Ferencz, joined ICC prosecutors last month to complete the Court’s first ever trial – concluding the closing statements in the case against Thomas Lubanga Dyilo.  Mr. Ferencz, a strong advocate of the ICC, served as the Chief Prosecutor for the United States at the International Military Tribunal in Nuremberg, Germany, in the “Einsatzgruppen Case.”  Mr. Ferencz’s efforts in what has been recognized as the “biggest murder trial in history,” led to the conviction of twenty-two Nazi war criminals charged with murdering over one million people.  Mr. Ferencz’s remarks to the Court highlighted the continued importance of international criminal law since the Nuremberg tribunal and the role of humanity in promoting the rule of law.

Benjamin Ferencz, former prosecutor for the United States at the International Military Tribunal in Nuremberg, Germany
Benjamin Ferencz, former prosecutor for the United States at the International Military Tribunal in Nuremberg, Germany (Photo Courtesy of benferencz.org)

Thomas Lubanga, the former rebel leader of the Patriotic Forces for the Liberation of Congo (FPLC), has been charged with systematically recruiting children under the age of 15 as soldiers.  This practice, which has been prevalent in conflicts throughout Africa, has been deemed a violation of international law.  While some have called the legitimacy of the trial into question, Deputy Prosecutor Fatou Bensouda contends that Lubanga’s guilt reaches “beyond any possible doubt.” Deputy Prosecutor Bensouda further notes that “His conviction…will mean justice for thousands of victims and will send a clear message: There will be no impunity for those who recruit children.”

Reflecting on the importance of the Lubanga trial, Mr. Ferencz stressed that “this is a historic moment in the evolution of international criminal law.”  Noting the magnitude of Lubanga’s crimes, Ferencz stated “The Prosecutor’s Office spoke at length, meticulously detailing grim facts establishing the responsibility of the accused for the crimes alleged. The evidence showed that waves of children, recruited under Mr. Lubanga’s command, moved through as many as 20 training camps, some holding between eight and sixteen hundred children under age 15… Words and figures cannot adequately portray the physical and psychological harm inflicted on vulnerable children who were brutalized and who lived in constant fear. The loss and grief to their inconsolable families is immeasurable. Their childhood stolen, deprived of education and all human rights, the suffering of the young victims and their families left permanent scar.”   Closing the prosecution’s case against Lubanga, Ferencz encouraged the Court to “Let the voice and the verdict of [the] court now speak for the awakened conscience of the world.”

Mr. Ferencz’s comments mark a critical period in the development of international law. With the world awaiting the verdict against Mr. Lubanga, the former Nuremberg prosecutor reminds us all that international criminal law continues to “protect the fundamental rights of people everywhere.”

The full transcript of Mr. Ferencz remarks can be seen here.

For more information, please see:

Radio Netherlands Worldwide – Lubanga: Judges Deliberate First ICC Judgment – 29 Aug. 2011

Agence France Presse – Lubanga Guilty “Beyond Any Possible Doubt”: ICC Prosecutor – 25 Aug. 2011

BenFerencz.org – Speech of Mr. Benjamin Ferencz at Closing of Lubanga Case – August 2011

BenFerencz.org – Biography – 2011

NIGERIA RESIDENTS FEAR BOTH THE TERRORISTS AND THE MILITARY AMID REPORTS OF RELEASES TO PLACATE MUSLIM ELDERS

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.

Nigerian soldiers have responded to the insurgent threat with a crackdown in Maiduguri.  (Photo Courtesy of The New York Times.)
Nigerian soldiers have responded to the insurgent threat with a crackdown in Maiduguri. (Photo Courtesy of The New York Times.)

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

Rally Celebrating North Africa Regime Change Postponed in Uganda

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.

Rioters in Kampala were arrested by the police in April 2011.  (Photo Courtesy of Voice of America)
Rioters in Kampala were arrested by the police in April 2011. (Photo Courtesy of Voice of America)

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 TimesUgandan opposition delays solidarity rally2 Sept 11
BBC – Ugandan police ban ‘regime change’ rally1 Sept 11
International Business TimesUganda Bans Rally Celebrating North African Revolts1 Sept 11
Voice of America – In Uganda, Planned Opposition Rally in Doubt1 Sept 11

Human Rights Watch Report Documents Worker Abuse in South Africa’s Wine Industry

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.

Report document abuse of South Africas vineyard workers.  (Photo Coutesy of BBC)
Report document abuse of South Africa's vineyard workers. (Photo Coutesy of BBC)

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’ workers23 Aug 2011
Harpers South African vineyards accused of human rights abuses23 Aug 2011
Mail & GuardianFruit of a poisoned vine23 Aug 2011
Reuters Africa HRW alleges abuses in S. African wine industry23 Aug 2011

Former Ivory Coast President and Wife Charged with Economic Crimes

By Carolyn Abdenour
Impunity Watch Reporter, Africa

ABIDJAN, Ivory Coast – On Friday, 19 August, the Ivorian government charged former President Laurent Gbagbo, 66, and his wife Simone Gbagbo, 62, with economic crimes including aggravated theft, damage to the national economy, misappropriation of public funds, and looting.  Under current President Alassane Ouattara’s administration, officials arrested the couple in April after the five-month post-election dispute.  This violence displaced 500,000 people and killed 3,000 people.

Former President Laurent Gbagbo charged with economic crimes.  (Photo Courtesy of The Australian)
Former President Laurent Gbagbo charged with economic crimes. (Photo Courtesy of The Australian)

Since their arrest on 11 April 2011, the coupled lived under house arrest in separate cities in the northern part of the country.  However, public prosecutor Koffi Kouadio Simplice reported officials charged and took Simone Gbagbo into custody on Tuesday before they charged Laurent Gbagbo on Thursday.  Officials will transfer Simone Gbagbo to a prison in Odienné, the city where she lived under house arrest.  Laurent Gbagbo will continue living under house arrest in Korhogo.  This is the first time the Ivorian government stated the legal status of the couple since their arrest.

The BBC reports Laurent Gbagbo’s charges relate to his use of millions of dollars of state funds from the central bank while he attempted to retain power after the election.  During the post-election struggle, the former president forcefully obtained control of the central bank’s local headquarters in addition to nationalizing foreign private banks.

Since the Ivorian government is only charging Laurent Gbagbo with economic crimes, the International Criminal Court (“ICC”) will be able to investigate the post-election violence if the judges accept Prosecutor Luis Moreno-Ocampo request.  Prosecutor Ocampo has stated he also wants to investigate alleged crimes against humanity and war crimes that occurred during the post-election violence.

Mr. Kouadio stated the Ivorian justice system prefers the ICC prosecute the violence crimes.  Mr. Bruno Koné, spokesman for the Ivorian government, stated the country “is not yet equipped to judge those kind of crimes”.

Previously, officials arrested and charged dozens of people who served under Laurent Gbagbo, including his son.  Since the Ivorian government did not charge the couple for their crimes until now, human rights groups criticized the government for not charging them until months after their arrest.  The United Nations also stated both political sides engaged in war crimes and crimes against humanity.  Although President Ouattara enforces that participants in the violence on both political sides will face justice, he has not charged a member of his group for participating in the violence.

For further information, please see:

NationGbagbo and wife charged with economic crimes19 Aug 2011
The Australian Ex-Ivory Coast leader Laurent Gbagbo charged with ‘economic crimes’19 Aug 2011
BBC – Ivory Coast conflict: Gbagbos face economic charges18 Aug 2011
Forbes Ivory Coast’s ex-president charged with theft18 Aug 2011