By: Amnesty International
August 27, 2010
Amnesty International has criticized the Kenyan government for its failure to arrest Sudan’s President Omar al-Bashir during his visit to the country to join celebrations ushering in Kenya’s new constitution, viewing the refusal to arrest President al-Bashir as an obstruction of justice for victims in Darfur.

The President of Sudan is the subject of an arrest warrant by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.

“Kenya has regrettably followed the example of Chad, which violated its obligations under international law by providing safe haven to President Bashir during his visit to the country last month,” said Michelle Kagari, Deputy Director in Amnesty’s Africa programme.

As Kenya has ratified the Rome Statute of the International Criminal Court, the national authorities are obliged to cooperate with the Court, including arresting persons it has charged.

Amnesty International regrets that African states – which led efforts to create the Court – last month undermined their commitment to international justice by renewing an African Union decision not to arrest President al-Bashir.

“We are calling on those 31 African states that have ratified the Rome Statute to support international justice and uphold efforts to deliver justice, in particular in countries like Sudan where victims have no prospect of justice before national courts.”

Amnesty International is calling on all members of the international community to ensure full accountability for international crimes committed in Sudan.

“Kenya’s failure to arrest President Bashir is a worrying indication of its unwillingness to cooperate with the International Criminal Court’s new investigations and future prosecution of crimes committed in Kenya during the post-election violence in 2007-2008,” said Michelle Kagari

“It is disturbing that the Kenyan government is celebrating a new constitution – the national centre-piece of the rule of law – while obstructing justice for victims of such serious human rights violations in a neighbouring country.”

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: AFR 62/009/2010
August 26 2010

Amnesty International is appalled at the latest reports of the mass rape and other sexual violence committed in the Walikale region of North Kivu between 30 July and 2 August.

According to the United Nations, more than 150 civilians in 13 villages were raped by members of armed groups, including the Democratic Liberation Forces of Rwanda (FDLR). Reports indicate that the rape was organized and systematic.

Amnesty International is calling for the government of the Democratic Republic of the Congo (DRC) and the United Nations to make every effort to provide the survivors, witnesses and their communities with immediate medical and psychological treatment. Evidence, including witness testimonies, should be gathered and preserved, in order to facilitate bringing the perpetrators to justice.

The attacks occurred only weeks after the United Nations Security Council adopted a new mandate for its Mission in the country to support the government in protecting civilians from violations of international humanitarian law and human rights abuses, including all forms of sexual and gender-based violence, and emphasizing that protection of civilians must be given priority over other tasks entrusted to the Mission.

Sexual and gender-based violence is widespread in eastern DRC and committed by all sides to the conflicts, including the government forces that the United Nations is supporting. Amnesty International believes that an immediate review of the failures of the government and the United Nations to protect civilians must be undertaken to address the horrors being inflicted on civilians and to prevent them from happening again.

Amnesty International also demands justice and full reparations for the survivors. A weak national justice system means that urgent efforts are needed to rebuild capacity at almost every level. In particular, special efforts must be undertaken to train national authorities in the effective investigation and prosecution of crimes of sexual violence and to remove obstacles for survivors seeking justice.

Rebuilding the rule of law must be seen as an essential element of longer term protection of civilians in the country. In the meantime, national and international justice solutions must be found to end the impunity that allows persons to plan and commit such crimes in the knowledge they will not be held to account.

Background

On 25 August, the Special Representative for Sexual Violence in Conflict Margot Wallström was put in charge of leading the UN’s response to the incident. Issues for discussion with the DRC government are expected to include Security Council’s outstanding request, in Resolution 1888 (2009) that the UN Secretary-General “deploy rapidly a team of experts to situations of particular concern with respect to sexual violence in armed conflict… with the consent of the host government,to assist national authorities to strengthen the rule of law”. This team of experts has not yet been deployed.

The UN Security Council is expected in November 2010 to debate developments relating to the “Protection of Civilians,” following its 10^thanniversary debate on Resolution 1325 on “Women Peace and Security” at the end of October.

In May 2010, the UN Security Council adopted resolution 1925 (2010), authorizing the deployment of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) until 30 June 2011.

By Eric C. Sigmund
Impunity Watch Reporter, Africa

MOGADISHU, Somalia – Violence continued in Somalia for the third straight day today as the government combats insurgent forces throughout the country.  Fighting erupted in Mogadishu after the Islamic insurgent group al-Shabab, an al-Qaeda sponsored radical Islamic organization, successfully carried out a number of suicide bombing attacks against civilian populations and government forces in the country’s capital.  The Somali government, supported by African Union troops, has engaged in an intensive campaign to push al-Shabab out of its strongholds and to maintain control of the capital.

The fighting however, threatens to aggravate the dire humanitarian situation already facing Somalia.  Although 25 percent fewer Somalis require international assistance compared to only six months ago, millions of citizens remain vulnerable and the fighting in Mogadishu may cause the government to divert resources away from the citizenry in order to fight terrorism.  According to the U.N. Food and Agricultural Organization in Somalia, over 35,000 children throughout the country remain malnourished and 90 percent of those children live within the conflict zone which has engulfed south-central Somalia.  The United States also reduced funding for the U.N. World Food Program in Somalia because of fears that money was going to fund al-Shabab.

A scarcity of resources is not the only concern for Somalis who reside within the conflict ridden territories of Somalia.  Civilians are also targets of al-Shabab suicide attacks.  On Tuesday, more than 30 people were killed when a suicide bomber detonated in a hotel.  Al-Shabab has also declared an “all-out war against AMISOM forces.” 

Al-Shabab however, is not the only blameworthy party in this conflict.  Somalis are also being killed in the government’s operations against the insurgent organization.  Amnesty International told reporters Wednesday that the government’s use of indiscriminate weapons, such as mortars, in densely populated areas has contributed to the civilian death toll.   Benedicte Goderiaux, an Amnesty International researcher in Somalia, criticized the government saying “[w]hen you have one party to the conflict which is committing abuses and violations of international law, that doesn’t justify the other side from also committing violations of international law.”  Ms. Goderiaux warns that the government must respect international law even while pursuing its counter attack strategy. 

Although the government reports progress in its fight against al-Shabab, civilians have borne the brunt of the fighting in Somalia.  Over 80 people have been killed and hundreds displaced in the last three days of fighting.

For more information, please see:

CBS News – Third Day of Fighting in Somalia’s Capital Kills 8 – 25 Aug. 2010

IC Publications Africa – Fresh Mogadishu Gunfight Kills Six Civilians – 25 Aug. 2010

Voice of America – Civilians Bearing Brunt of Somali Conflict – 25 Aug. 2010

Voice of America – Rain Eases Somalia’s Humanitarian Crisis – 23 Aug. 2010

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

JOHANNESBURG, South Africa – South Africa has again drawn the attention of the international community as the African National Congress (ANC), South Africa’s ruling party, seeks to create a media tribunal to crack down on violations of laws governing the press. 

The tribunal will adjudicate claims against media organizations alleged to have misreported news and information.  The government contends that the tribunal will be established to “provide tough action in cases of malicious, damaging, defamatory and misleading irresponsible reporting.”  The tribunal will be run by a press watchdog which would answer directly to the ANC-controlled parliament. This could allow the ANC to initiate proceedings against any media reporter or source critical of the government or its officers.  The ANC is currently running its own media campaign to persuade critics of the necessity of such a tribunal by claiming that a majority of the general public supports the plan. 

The South African media and many outside observers claim that this plan is an attempt by the government to limit freedom of speech in order to isolate the government from criticism.  In addition to others, the Press Council of South Africa has come out in opposition to the tribunal, claiming that it is unconstitutional.  In response to these claims, the government contends that the tribunal does not seek to extinguish media freedom but merely to enforce the existing press code. 

 At the same time the ruling party is attempting to pass the tribunal legislation, it is also pushing through a bill that would allow the government to prohibit the distribution of information which it defines as related to the “national interest.”  This legislation, called the Protection of Information Bill, would give the government more room to classify information as being important to national interests.  Those who disclose classified information would face up to five years in prison.  Although a general consensus has emerged that this bill will be passed, opponents hope that it will not be able to withstand judicial scrutiny. 

Although a formal vote on these two bills is pending, the government has already started arresting journalists for violating press control laws.  Last week a journalist was arrested and charged with “fraud and forgery” for possessing documents discussing the possible resignation of a top ANC politician.  The reporter was said to have been tied up in a car while his house was raided and numerous possessions seized by police.  The government contends that the arrest was not related to the new media controls and noted that all police forces are be held accountable for breaking the law. 

For more information, please see;

All Africa – ‘Most Citizens Agree on Need’ for Media Tribunal – 11 Aug. 2010

Eye Witness News – Media Appeals Tribunal to “Protect Public” – ANC – 11 Aug. 2010

iAfrica.com – ANC Gloats Over “Freedom” – 11 Aug. 2010

Wall Street Journal – South Africa Weighs Media Controls – 11 Aug. 2010

Associated Press – South Africa Ruling Party Proposes Media Tribunal – 10 Aug. 2010

By Laura Hirahara
Impunity Watch Reporter, Africa

KHARTOUM, Sudan– As of Monday, all BBC Arabic FM radio transmissions to Northern Sudan have been suspended by the government pending negotiations between the both parties.  Government statements claim their disputes with BBC’s activities go back two years.  BBC Arabic is charged with bringing unauthorized equipment into Sudan and working in the southern regions without government approval.  These actions violate an agreement from 1999 which allowed BBC Arabic to first broadcast in the country.  Kamal Obaid, the Information Minister of Sudan, said Monday that a new framework deal is needed to negotiate with the British government.  BBC Head of Africa Jerry Timmins said, “We are very disappointed that the Sudanese people in Northern Sudan are no longer able to access the impartial news and current affairs of BBC Arabic on FM radio.  We hope that we will be able to continue broadcasting at some point.”

Sudan’s government emphasized that this suspension has nothing to do with the content of BBC Arabic’s broadcasts, which reach an estimated 4 million Sudanese in the northern cities.  Rather, it is an effort to enforce President Omar al-Bashir’s warning  earlier in the year that any foreign organizations who refused to abide by the authority of the government would be expelled.

While both sides appear open to resolving the dispute and resuming BBC Arabic broadcasts, Bashir has a history of censoring local press.  Some human rights groups fear he is expanding his earlier efforts to eliminate any reporting in Sudan that is contrary to his administration.  In July, after securing another five year term as president, Bashir sent agents to Rai al-Shaab, an opposition newspaper representing the People’s Congress Party.  In addition to arresting four journalists, the office was shut down.  Three of those journalists were sentenced to prison terms ranging in length from two to five years.  The leader of the PCP, Hassan al Turabi, was arrested the next day and spent 45 days in a jail before he was released without charges.  In response, Mr. Turabi said, “I thought they would want to appear democratic for a while – at least to put on a show for the West.”

BBC News- Sudan Suspends BBC Arabic on FM Radio– 9 August, 2010

CNBC- Sudan Suspends BBC Arabic Radio in North Sudan– 9 August, 2010

Pulitzer Center- After Press Crackdown in Sudan, President Omar al-Bashir Meets With Member of ICC in Chad– 21 July, 2010

Reuters Africa- Arabic Radio Suspended in North Sudan– 9 August, 2010

The Canadian Press- Sudan Suspends License for BBC Arabic in the North Over Alleged Agreement Violations– 9 August, 2010