By: Eric C. Sigmund
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Voters in Kenya today came out to vote in a historical referendum to approve a new constitution for the African state.   The proposed constitution has been touted internationally for addressing issues of tribalism, centralization of power and corruption.  This document would replace Kenya’s current constitution of 47 years old.  Although official results from today’s vote will not be made public until Friday, opinion polls show public support for a new constitution above 60 percent.

The new constitution places significant limitations on political power and seeks to create a unified Kenya, free of tribal conflict. In addition to other significant changes, appointments of senior public servants and judges would require parliamentary approval and only professional lawyers and judges would be able to sit on the judiciary’s cabinet.  The constitution also envisions a new method of sharing resources nationally in order to promote political and economic stability.

Despite these changes, some groups have expressed concern about the current draft.  In particular, numerous U.S.-based Christian groups have poured money into anti-referendum campaigns claiming that the new constitution eases laws on abortion and Islamic courts.   There has also been an outcry from international investors who oppose the new draft’s land holding policies which limit foreigners from owning land for a period of no longer than 99 years.   

In preparation for the referendum, the government deployed over 63,000 police forces to polling sites throughout the nation in order to avoid politically motivated violence.  The government also moved to strictly enforce hate speech laws against parliamentarians in the days leading up to the referendum for trying to instigate violence. Politicians have been known to exploit antagonism among ethnic tribes to encourage tribal conflict in order to maintain power and control. Many feared that this vote could lead to a repeat of the 2007 post-election bloodshed that left over 1,300 people dead and which forced over 300,000 to flee their homes as the violence spread in 2008.  Currently there have been no reports of violence or intimidation during or after the referendum.

Even if the referendum results in the endorsement of the draft, it may still be difficult to finalize and eventually enforce the new laws.  There are growing concerns that some tribal groups may attempt to revolt against the government.  Mwalimu Mati, director of Mars Group Kenya, an anti-corruption watchdog group, warns of growing ethnic hatred among groups but claims that the arrest of high level officials has helped stave off violence.  Mr. Mati knows however, that the country still has a tough time ahead and must address underlying tribal and ethnic hatred before a new constitution can be affective.  Mr. Mati concludes that “[u]ntil we truly get to the bottom of resolving those problems, real change is a ways off yet.” 

For more information, please see:

Al-Jazeera – Millions Vote in Kenya Referendum – 4 Aug., 2010

Christian Science Monitor – Kenya Referendum: Voters Cast Ballots, Tensions High – 4 Aug., 2010

Kenya Broadcasting Corporation – Voting in Kenya’s Referendum Closes – 4 Aug., 2010

Christian Science Monitor – Kenya Reins in Hate Speech Ahead of Constitution Vote – 18 June, 2010

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

 JOHANNESBURG, South Africa – Numerous immigrants to South Africa are being expelled from their homes in the wake of the World Cup as xenophobia spreads throughout the country.  Many observers warned of a campaign among the South African populous to remove foreigners from South Africa after the World Cup concluded.  Some believe that this move to shun foreigners is more than a self-fulfilling prophecy and instead represents a xenophobic undercurrent in parts of South African society. 

Although the recent expulsion has affected Africans of different nationalities, emigrants from Zimbabwe have specifically been targeted by the South African xenophobes.  Nantes Rykaart of Interactive Security notes that “foreigners have been streaming out of the country” since the end of the World Cup.  The government has acted quickly to stem the violence against foreigners, fearing a repeat of the 2008 situation where xenophobic violence left over 60 people dead and thousands of foreigners displaced.  The South African army has even been called to move into settlement areas to maintain law and order. 

The official policy of the government towards combating xenophobia in South Africa however, is unclear.  Although the government recently established an agency, the Inter-Ministerial Committee on Xenophobia, to help stop violence against foreigners, the government continues to deny the existence of xenophobia in South Africa.  Government officials have come out against this most recent episode of attacks calling perpetrators “criminals covered in xenophobia skin.”   These officials contend that the South African media is mischaracterizing these perpetrators as xenophobes when in fact they are simply criminals. 

Loren Landau, director of the Forced Migration Studies Program at Witwatersrand University, however, believes that the government is failing to address the seriousness of this situation.  Landau states that these acts are just being dismissed as run-of-the-mill criminal acts while in reality “we are starting to realize that these are linked to something deeper, a broader pattern of xenophobia and violence that has gone unaddressed.”  Landau contends the government has been hesitant to tackle the problem of xenophobia in South Africa for fear that it would tarnish the national image of unity and equality that has been fought for ever since the end of Apartheid. 

The solution, according to Landau, is to address the issues of poverty and unemployment in South Africa.  Although the country was recently the host to the nations of the world, many citizens are now turning against the country’s impoverished foreigners.   Now politicians are leveraging this xenophobic sentiment to mobilize impoverished South Africans in order to gain support and shift blame away from the government. 

Aid organizations and rights activists are mobilizing to prevent the spread of violence and to erase anti-foreign perceptions.  Some groups are working to install emergency hotlines in order to help facilitate police response to violent events.  Despite these initial efforts, human rights groups fear that the current violence is only the prequel to a larger nationalist upheaval. 

For more information, please see:

Pretoria News – Policy on Foreigners in SA Needs Review – 29 July, 2010

The Star – Rage Against Foreigners Coming to a Boil in South Africa – 29 July, 2010

Pretoria News – Say Yes to Ubuntu and No to Xenophobia – 27 July, 2010

Africa Today – South Africa Sends Troops to Kya Sands After Attacks on Foreigners – 22 July, 2010

by Laura Hirahara
Impunity Watch Reporter
Africa Desk

Kigali, RWANDA– The Human Rights Watch (HRW) is calling for an independent autopsy of André Kagwa Rwisereka, whose body was found near his home in southern Rwanda July 14th, his head nearly decapitated just weeks before Rwanda’s next presidential election.  Rwisereka was vice president of the Democratic Green Party, the main opposition to current Rwandan president Paul Kagame.  The police have an unidentified suspect in custody and several different motives have been put forward as an explanation for Rwisereka’s murder.  While the police have stated that he may have been the target of a mugging or killed by an individual he was in a financial dispute with, Rwisereka’s colleagues in the Democratic Green Party say he had been receiving death threats since February because of his views opposing the current government.

HRW believes Rwisereka’s murder to be suspicious not only because of the timing of  but also beacuse this is the second controversial political figure to be murdered this month.  In June, Lt. General Faustin Kyumba Nyamwasa was wounded with a gunshot.  Within weeks, Jean-Leonard Rugambage, a journalist investigating the shooting of Nyamwasa was shot dead outside his home in Kigali.  Many have claimed all three incidents can be tied to Kagame’s government but the president, who is expected to win in the next election, adamantly denies these allegations, saying, “Nobody has asked the Rwandans … it’s as if they don’t matter in the eyes of the human rights people. It’s our own decisions in the end.”

For more information, please see;

Radio France Interntionale – First Day of Rwanda Political Campaign Opens with Funeral – 22 July 2010

CNN World – Independent Probe of Rwanda Politician’s Death Urged – 21 July 2010

BBC News – Rwanda: Call For Independent Autopsy of Murdered Critic – 21 July 2010

AFP – Independent Probe into Rwanda Murder Demanded – 21 July 2010

by Laura Hirahara
Impunity Watch Reporter, Africa Desk

Conakry, Guinea– The next stage of Guinea’s presidential election, originally scheduled to take place July 18th, has been postponed amid allegations and confirmed instances of voter fraud with no new date set.  The first round of voting on July 27th, in which 77 percent of registered Guinea voters took part, occurred without violence.  However, since the results were announced by Guinea’s Supreme Court, many of the 24 candidates that did not make the run-off have made official complaints of voter fraud.  The electoral commission charged with investigating voting irregularities has confirmed “many cases of fraud,” in addition to the claims being made.

Slated to face each other in the run-off election are candidates Cellou Dalein Diallo, who garnered 40 percent of the first round vote, and opposition leader Alpha Conde,  who came in second with 21 percent.  Guinea’s election rules state that a second round is needed if no candidate wins at least 50 percent of the vote.  With the delay, observers are afraid the election may not take place before August 1st, which falls in the middle of the rainy season.  Due to the rains effect on the roads in Guinea, the logistics of a second round of voting at this time could create difficulty for voting and vote collecting.

This last Wednesday, US President Barack Obama offered praise for Guinea’s peaceful first round of elections.  In his statement, Obama spoke about the upcoming election saying, “They can continue to count on the support of the United States as they move forward.”

For more information, please see:

The Seattle Times–Guinea Presidential Runoff Delayed–9 July, 2010

AFP–Guinea Presidential Run-Off Election Postponed–9 July, 2010

BBC–Guinea’s Presidential Run-Off Delayed Over Fraud Claims–9 July, 2010