By Tamara Alfred

Impunity Watch Reporter, Africa

The International Criminal Court concludes its first war crimes trial this week against Thomas Lubanga, a Congolese warlord.

Lubanga, 50, an ethnic Hema, was charged with enlisting and conscripting children as young as nine to his Union of Congolese Patriots (UPC) movement to kill members of the rival Lendu tribe during the civil war in the Democratic Republic of Congo.  It was the first international case to focus exclusively on child soldiers and the opening trial at the world’s first permanent war crimes tribunal.  Despite multiple setbacks, the conclusion of the two-year trial demonstrates the ICC’s ability to hear even the trickiest of cases.

“It is the first ICC trial finally coming to an end and it’s evidence that the ICC can conduct trials, despite the fact it has taken a considerably long time,” said Mariana Pena of the Federation for Human Rights in The Hague.

More than 30,000 child soldiers were recruited during the Democratic Republic of Congo’s civil war.  Prosecutor Luis Moreno-Ocampo said that Lubanga’s armed group recruited “hundreds of children to kill, pillage and rape.”

Lubanga has denied all charges, saying he was a politician, not a warlord, and never played an active role in the UPC’s militia.  His defense has argued that he is being tried as political scapegoat and that other leaders of the UPC and DRC bear greater responsibility.  The defense also claims that Lubanga in fact tried to liberate child soldiers, not recruit them.

The defense has also alleged that child soldiers who testified invented stories and suggested that they had been coached or bribed to give false evidence.  Additionally, the defense has also put forth major accusations of prosecutorial misconduct.

The trial was put on hold for six months in June 2008 – 10 days before it was scheduled to start – when judges ruled that Moreno-Ocampo had not given lawyers evidence that could have helped Lubanga, prompting criticism that Lubanga was not receiving a fair trial.  The documents were later released on the condition of confidentiality to protect the sources; just one of the ways the ICC was forced during the trial to find ways of shielding witnesses while giving testimony, as well as figuring out how to share materials with the defense without endangering sources because the materials reveal their identities.

“Disclosure obligations are non-negotiable,” said Alison Cole of the Open Society Justice Initiative, “and there are positive signs that lessons with respect to evidence management are being internalized within the court.”

Judges again halted the trial in July 2010 and ordered Lubanga’s release when prosecutors defied a court order to reveal the identity of an intermediary who had helped them contact witnesses.  Prosecutors appealed and Lubanga remained in custody.  Prosecutors revealed the identity of their intermediary to the defense in the end and the trial continued.

Prosecution and defense lawyers will conclude their arguments on Thursday and Friday before the three-judge panel leaves to consider the verdict.  A judgment is expected in early 2010 as the judges’ terms end in March.

The ICC is currently conducting three other trials, all of Congolese suspects, including the country’s former vice president Jean-Pierre Bemba.

More recently, the ICC has issued indictments in the Darfur conflict in Sudan and of Libya’s fallen leader Gaddafi, as well as his son Saif al-Islam and Libyan intelligence chief Abdullah al-Senussi on charges of crimes against humanity for their role in the killing of civilian protesters at the start of the recent uprising.

“I found that fear of the ICC a healthy development in international law,” Radhika Coomaraswamy, the UN special envoy for children in armed conflicts, told the Associated Press regarding the power of the ICC.  “Nobody can measure how many children have been saved because of deterrence.  That’s not something you can measure, but hopefully that will be the case.”

For more information, please see:

The Guardian – Judges urged to convict Congo warlord Thomas Lubanga – 25 August 2011

Voice of America – ICC’s First War Crimes Trial Comes to Close – 25 August 2011

Reuters – ICC’s landmark debut trial concludes after two years – 24 August 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

DAKAR, Senegal – On Wednesday, July 27, Senegal’s police released the popular rapper Omar Toure from custody after they questioned him for criticizing President Abdoulaye Wade at a rally on Saturday. The police arrested Toure, known as Thiat, around 5 P.M. on Monday because he objected to Wade’s bid for a third term. Toure was not officially charged before being released. The Media Foundation of West Africa (“MFWA”) reported that police released Toure on the conditionthat he would remain in the jurisdiction.

Fadel Barro, coordinator of the Fed-Up Movement, reported Toure’s arrest. Toure is one of the leaders of Fed-Up, a collection of rappers founded last January. This movement has emerged as a symbol of protest against social ills, corruption, and power cuts in Wade’s regime.

Wade’s opposition suggests Toure’s arrest reflects a “growing intimidation ahead of the polls.” His opposition believes Wade has become a dictator during his eleven-year tenure, citing Wade’s high-handed measures to limit citizens’ freedom of expression against the government.

Toure has played a fundamental role in organizing the youth vote. In January, he assisted in launching the Enough is Enough movement, which encourages the youth to register to vote and cease political apathy. When the police arrested Toure, dozens of youth gathered in Darkur, Senegal’s capital, to protest his detention.

Wade’s opposition and other civil society organizations sponsored the “June 23 Movement”, a rally opposed to Wade’s pursuit of a third-term in the 2012 election despite a government ban on public demonstrations in Dakar issued the previous week.  At the rally at Obélisque Square in Dakar, Toure said “An old person of 90 years, who tells lies, does not deserve to lead the country.”

Last month when Wade introduced the constitutional amendment that would allow him to seek a third term, riots erupted throughout the country. Senegal elected Wade in 2000 and reelected him in 2007. Wade’s official age is 85, but many Senegalese citizens believe he is even older.

In February, Toure stated “It’s too bad, but the Wade regime is one of the worst we’ve ever seen…It’s one of the most criminal regimes in the world.” Toure advocates for a president that fuses the politics of Hugo Chavez with the youth of Gambian President Yaya Jammeh.

Toure’s slogan emphasizes his push to increase electoral participation; “You’re not a citizen if you don’t have a voting card.”

For further information, please see:

BBC – Senegal police free anit-Wade rapper Toure aka Thiat – 27 July 2011

Senegambia News – Senegal ALERT: Musician arrested for criticising President Wade – 27 July 2011

Mail and Guardian – Senegal cops hold ‘Fed Up’ leader on mystery rap – 26 July 2011

New York Times – Protest after Senegal Arrests Activist Rapper – 26 July 2011

By Tamara Alfred
Impunity Watch Reporter, Africa

The United States announced Tuesday that it is withholding some of its assistance to Malawi after claims that the government used force against protesters during demonstrations last week.

After months of growing economic struggles, Malawi erupted into protests last week.  Rioters took to the streets nationwide July 20 to protest the perceived mismanagement of the national economy and an impending fuel shortage.  The protesters also stormed the offices of the ruling Democratic Progressive Party in Mzuzu and demanded that the president step down.  Various sources report that between 12 and 19 people were killed and dozens injured.

The U.S. government agency providing development aid to countries, including Malawi, that show a commitment to good governance, the Millennium Challenge Corporation (MCC), announced it was halting $350 million in operations going to Malawi.  The announcement follows the State Department’s statement condemning the Malawi government’s use of force against demonstrators and urging restraint by both sides.  MCC’s move also echoes the United Kingdom’s suspension of aid to the country as of July 14 on the grounds that the government had suppressed demonstrations and intimidated civic groups.

Malawi is one of the poorest countries in the world and its president, Bingu wa Mutharika, 77, a former World Bank economist, had been widely credited with successful efforts to reduce hunger.  However, human rights activists have begun to criticize his increasingly authoritarian tendencies, reminiscent of Hastings Kamuzu Banda, the dictator who ruled the country for 40 years until 1994.

Sheila Herrling, a senior U.S. official, said Tuesday that the MCC was “deeply disturbed” by accusations that the police had fired live rounds on unarmed people and by claims that press coverage of the two-day demonstrations had been suppressed.

President Mutharika has rejected accusations that the police force under his command used excessive force against demonstrators and blamed the violence on his political opponents and the civic leaders who organized the protests.  His spokesman, Hetherwick Ntaba, said the police had to deal with looters, vandals and rioters.  Peaceful demonstrators were protected, not harmed, he said.

The government’s critics, however, say they are afraid.  Undule Mwakasungula, who organized the protests, said he had gone into hiding since the president named him as one to blame.

“We are being hunted so we can’t expose ourselves,” he told The New York Times.  “We’re a target of ruling party agents.”

The president has sworn in official statements to “smoke out” anyone who opposes him.  In a recent public statement to the Associated Press, Mutharika said that the protest leaders are “thugs and sons of Satan.”

The decision by both the U.S. and the United Kingdom will seriously injure the Malawi government’s budget, as almost of half of the annual budget of $2 billion comes from international donors.

For more information, please see:

CNN – U.S. suspends some aid to Malawi over violence – 27 July 2011

The New York Times – U.S. Freezes Grant to Malawi Over Handling of Protests – 26 July 2011

Time – From Malawi to Senegal, Signs of a Sub-Saharan ‘Arab Spring’ – 26 July 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

DADAAB, Somalia – On Wednesday, the United Nations (“UN”) declared a famine in the Bakool and Lower Shabelle regions of southern Somalia.  Al-Shabab rebels control these regions and put a ban on foreign aid in 2009, claiming the foreign aid workers were Western spies and Christian crusaders.  More recently however, Al-Shabab allowed limited humanitarian aid to reach these communities.  Al-Shabab, one of the most active al-Qaeda-affiliated groups, is a militant Islamic organization, designate by the United States as a terrorist association. On Tuesday, the United States pushed the Shabab rebels to permit foreign aid workers to provide services for the people freely.  The United States attributes the region’s famine to the controlling behavior of these rebels.

Across East Africa, ten million people face hunger resulting from a severe drought affecting the regions. The current famine is the result of a combination of regional conflicts, drought, and poverty, leaving tens of thousands of Somalis fleeing Somalia for Kenya or Ethiopia.  Somalia last experienced a famine nineteen years ago.

For the past two decades, Somalia has lacked an effective government.  During this time, Al-Shabab rebels have taken power in many regions and their continuing rise is alarming to many outside observers. The UN reports 80% of the nearly half a million malnourished children in Somalia in the rebel-controlled areas.

In their efforts to control incoming foreign aid, Al-Shabab have attacked and kidnapped foreign aid workers and refuse to permit aid agencies to operate.  Additionally, they have imposed restricted conditions for foreign aid agencies to provide services.  In 2010, the World Food Program (“WFP”) removed their workers because the rebels harassed and threatened them.

Presently, although a new dialogue between the rebels and the WFP is underway, Salman Omer, WFP Deputy Country Director, said, “[Our] relief effort [is] still hampered by insecurity, problems of access and lack of resources.”  The UN Children’s Fund (“UNICEF”) made its first airdrop of emergency supplies in two years last week.

Throughout this process, Al-Shabab may gain by allowing humanitarian aid into the country.  Since the United States needs to cooperate to prevent a humanitarian catastrophe, it will face more difficulty targeting Al-Shabab leaders in a joint CIA-Defense Department initiative.  Somali watchers also observed the rebels may be trying to regain support in areas where they were on the defensive.

Johnnie Carson, US Assistant Secretary of State for African Affairs, commented “Al-Shabab’s activities have clearly made the current situation much worse…[its] current policies are wreaking havoc and are not helping Somalis living in the south-central part of that country.”

For more information, please see:
CNN – Aid agencies deal with terrorists to reach Somalia’s starving – 21 July 2011
BBC – UN declares Somalia famine in Bakool and Lower Shabelle – 20 July 2011
Financial Times – UN declares famine in rebel-held Somalia – 20 July 2011
IOL News – Somali rebels urged to allow aid trucks in – 20 July 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

DAR ES SALAAM, Tanzania – Thirteen members of the Eritrean Red Sea FC football team are seeking political asylum after losing a semi-final championship game of a regional tournament sponsored by the Council for East and Central Africa Football Associations in Tanzania on Saturday.  Of the twenty-six members of the team, only half arrived at Mwalimu Nyerere International Airport to depart from Tanzania.  The remaining players are attempting to escape a repressive government, national military service, and poverty under the regime of the Eritrean President Isaias Afewerki.

Tanzania Football Federation Secretary General Angetile Osiah reported that the returning Eritrean football players attempted to stamp the passports of their missing team members at the airport’s immigration checkpoint.  Ms. Oshiah stated that law enforcement authorities were notified about the missing players for investigation.

Isaac Nantanga, spokesperson for Tanzania’s ministry of Home Affairs reported “[t]he 13 Eritrean footballers went directly to the United Nations High Commissioner for Refugees (UNHCR) offices in Dar es Saleem and sought protection as refugees.”  Nantanga noted that authorities were unable to arrest the defecting players since they had received international protection.

Since Eritrea gained independence from Ethiopia in 1993, the government has repressed the population; prohibiting political opposition, an independent media, and freedom of worship.  President Afewerki also keeps the country in a constant state of insecurity, preventing international mediators from deciding a common border between Eritrea and Ethiopia. Eritrean youth are forced to serve decades in the army or low-wage government positions and face extreme challenges gaining exit visas.  The Guardian has reported that “the [youths’] situation seems so hopeless that the only option is to make perilous journeys on foot to Ethiopia or Sudan, and onwards.”

Eritrean football players have previously absconded four times different times.  Most recently, twelve members of the Eritrean football team disappeared in 2009 after completing a regional football tournament in Kenya.  These players received asylum in Australia to continue their football careers.

While the defection of Eritrean football players may create international headlines, the emigration of Eritrean citizens to surrounding countries is nothing new.   Human rights reports indicate that thousands of Eritrean citizens flee from “the most repressed African nation” annually.  Although Eritrea has a population of only five million persons, it has one of the largest ratios of asylum seekers in the world.  Playing sports has often been used as a method for Eritrean citizens to dodge military conscription and leave the country.  However, to prevent sports related defections, the Eritrean government charges each traveling athlete a $6,700 deposit which the government returns only upon their arrival home.

Although the players are currently being held by Tanzanian authorities for questioning, Mr. Nantanga  stressed that the “interviews are in line with Tanzanian and international laws and the objective is to establish reasons for the applicants to seek asylum in the country.”

For more information, please see:
BBC – Eritrean Red Sea FC footballers seek Tanzania asylum –12 July 2011
Global Post – Eritrean footballers go missing (again) – 12 July 2011
The Citizen – Eritrean team players now seek TZ asylum – 12 July 2011
The Guardian – Eritrean footballers go missing in Tanzania after tournament – 12 July 2011
SomaliNet Forums – Eritrean Football Players Missing in Tanzania – 12 July 2011