Africa

Criminalizing Homosexuality in Africa

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

Two Malawian homosexuals pardoned after international pressure demanding their release
Two Malawian homosexuals pardoned after international pressure demanding their release. (Photo Courtesy of the Guardian)

KAMPALA, Uganda- The sentencing and subsequent pardoning of Steven Monjeza and Tiwonge Chimbalanga, two homosexual Malawian men, has spurred renewed criticism of the social policies of many African nations. The men were arrested in Malawi for being homosexual (homosexuality is against the law in Malawi) and were sentenced to 14 years in prison. The two men were pardoned by Malawian President Bingu wa Mutharikal only after numerous countries and international organizations threatened to end their aid and financial support to Malawi.

The two men’s recent experiences reveal the stark reality of the severe social and religious condemnation of homosexuals in Africa.  Although pro-gay rights activists have made substantial progress in the last few decades in their fight against the discrimination and stigmatization of homosexuals around the world, last week’s detention of Mr. Monjeza and Mr. Chimbalanga illustrate the difficult fight activists have ahead of them in Africa.

The international community’s strong condemnation of the detention of the two men was an optimistic sign that progress may be possible.   The carrot and stick maneuvering employed by many international organizations threatening to withdrawal aid worked to free the men, but can such tactics be used to create social change?   The arrests in Malawi have only seemed to fuel the ambitions of other African nations in their attempts to criminalize homosexuality.

Members of the Ugandan Parliament are currently working to pass a bill which would mandate more severe punishment for violations of the country’s anti-homosexuality laws.  In fact, this bill would allow courts to sentence violators to death.  These laws not only apply to individuals whose sexual preference is for a person of the same sex but also to those who have AIDS, as well as gay rights supporters and sympathizers.  Anyone who encourages or participates in “LGBT behavior” is subject to these laws.

Ugandan President Yoweri Kaguta Museveni, a staunch supporter of his country’s renewed efforts against homosexuals, contends that homosexuality is not a part of African culture.   Instead, President Museveni argues that homosexuality is a symptom of Western culture which has the power to destroy nations.  Mr. Museveni has also received strong backing from the African Church, as many religious figures have called for initiatives to strengthen the morals of the African people.  Some American evangelicals have also recently traveled to Uganda to voice their support for the bill.  These calls for stricter anti-homosexual laws have caused may, including members of the Church of Uganda who support gay rights, to flee the country.

Human rights organizations warn that bills like the one being debated in the Ugandan Parliament impedes the success of international health initiatives.  These organizations contend that the stigmatization associated with homosexuality hampers AIDs education and treatment programs.  Activists continue to worry that anti-homosexual legislation will contribute to the AIDs crisis in Africa.

Despite the movement among Ugandans favoring anti-homosexual legislation, one organization predicts that the bill will not pass due to intense international pressure.   United States Secretary of State Hillary Clinton condemned the bill but failed to announce any repercussions against the government should the bill pass.  Other countries and international organizations however, are taking a more direct approach.  Sweden has vowed to withdrawal the $50 million in annual aid to Uganda.  The European Parliament has also threatened to withdrawal aid.  In all, Uganda is faced with the threat of losing roughly a third of its national budget if it passes the bill.

Uganda has also asked numerous countries to extradite Ugandan asylum seekers in order to prosecute them.  Many Ugandan homosexuals have fled to European countries, particularly Britain.  In response to Uganda’s demand for the return of asylum seekers however, the British government has taken a firm stance against extraditing homosexuals who have fled Uganda.   The British government announced that it would not extradite any Ugandan for breaking Ugandan law unless the crime was also a violation of British law.   Since homosexuality is not a crime in Britain, it seems that these individuals are safe for the time being.

As debate on this bill comes to a close it is likely that the international community will continue to pinch Uganda in the hopes of persuading enough law makers to vote against the bill.  Even if the bill does not pass, homosexuality will still remain a punishable crime in Uganda.  At the very least these last few weeks have shown that discrimination against homosexuals is deeply rooted in African social and cultural attitudes.  Although failure of this bill may not be considered a “win” among gay rights activists, the international community’s commitment to fight this bill shows that there is still hope for progress.

For more information, please see:

San Francisco Chronicle – Christians Blamed for Anti-Gay Hatred in Uganda – 9 June, 2010

BBC Monitoring Africa – Convicted Malawi Gay Man Reportedly Rejects Asylum Offers Abroad, Marries Woman – 8 June, 2010

Episcopal-Life – Ugandan Bishop Says ‘Human Sexuality is Universal’ – 8 June, 2010

Africa News – UK to Protect Gay Asylum Seekers – 5 June, 2010

Africa News – Museveni Opposed to Homosexuality – 4 June 2010

Africa News – Anti-Gay Legislation Could Ruin Health Efforts – Activists – 2 June, 2010

Impartial Investigation Urged in Murder of Activist Floribert Chebeya

Floribert Chebeya, courtesy of www.rtbf.be
Floribert Chebeya, courtesy of www.rtbf.be

By Celeste Little
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo– Floribert Chebeya, a prominent Congolese human rights activist, was found dead in his car, in the Mont Ngafula area of Kinshasa, on Tuesday. He was forty seven. Chebeya sent a text message to his wife stating that he was at police headquarters for a meeting he had scheduled with the national police chief, John Numbi, but they had “not been able to meet.” His driver, Fidele Bazana, is still missing.

Chebeya had written to the police chief regarding the improvement of detention conditions in prisons and had received a letter acknowledging his concerns. On June 1st, the police called Chebeya to invite him to meet with Numbi. Chebeya left his office at 5 p.m. to attend the meeting, called his wife to let her know he was on his way and sent the text message to say they hadn’t been able to meet at 8 p.m. After 9 p.m. all communication from Chebeya ceased. The scheduled meeting never occurred, according to the police and members of Chebeya’s organization, the Voice of Voicelessness.

Chebeya founded the Voice of the Voiceless in 1983. The organization was based in Kinshasa and was one of the most renowned human rights organizations in the Democratic Republic of Congo (DRC). Chebeya fought against illegal arrest, unjustified detention and corruption. He had been subject to threats, surveillance, and police abuse for over twenty years because of the radical opinion he held.  The DRC has been preparing to celebrate 50 years of independence from Belgium and though Cheyeba received an invitation to festivities that were being held by Belgian king, Albert II, he refused to attend. He denounced the celebration, saying that “this was not a time for parades but an opportunity to discuss the social ills still facing the country,” according to Thomas Fessy for BBC News.

A senior UN investigator who spoke to BBC believes that the circumstances surrounding Chebeya’s death, “strongly suggest official responsibility.” On Thursday, members of Chebeya’s family were allowed access to his body at the main morgue in Kinshasa. They were only allowed to see his face because the rest of his body was covered by a sheet that they were not allowed to remove, said Fessy. Dolly Ibefo, one of Chebeya’s collegues from the Voice of Voicelessness, said that when he viewed the body, he noticed blood in Chebeya’s ears, nose and mouth. Anneke Van Woudenberg, senior Africa researcher at Human Rights Watch, claims that. “the Chebeya family’s very limited access to his body and conflicting statements about the cause of death raise serious concerns about what really happened. These irregularities indicate there may already be an attempt to cover up the truth.”

Her concerns regarding this case are not unfounded because this isn’t the first time a human rights activist or journalist has been murdered for his opinion. In November of 2005, journalist Franck Ngyke and his wife, Helene Mpaka, were murdered outside their home in Kinshasa. On July 31, 2005, human rights activist Pascal Kabungulu Kimembi, was shot and killed in his home in Bukavu, in eastern Congo. In June 2007 and November 2008, respectively, two radio journalists from Radio Okapi, Serge Maheshe and Didace Namujimbo were also killed in Bukavu.

Organizations like Human Rights Watch and Amnesty International, have been joined by the United Nations, the European Union and France in investigating Chebeya’s death to insure that the investigation and trial of his murder is not handled in the same way as it was in each of these killings.  The government of the DRC has not officially responded to Chebeya’s death, but has called for an inquiry into it.

For more information, please see:

AFP-Driver of murdered DRC rights activist missing4 June 2010

BBC News- UN calls for DR Congo probe into activist’s death– 4 June 2010

Human Rights Watch- DR Congo: Prominent Human Rights Defender Killed– 3 June 2010

Darfur Peace Talks Stall as Humanitarian Crisis Worsens

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

KHARTOUM, Sudan – The Sudanese government announced on Thursday that it would not continue to engage in peace talks with the Justice and Equality Movement (JEM), Darfur’s main anti-government group.   Instead, the government is planning on prosecuting JEM leaders, a move which has heightened tensions between the parties in recent days.

Ahmad Hussain Adam, a JEM representative, commented that the group had anticipated the government’s decision.  Although the government signed a framework accord with JEM in February of this year, negotiations collapsed before the two parties could form a final peace agreement.   Despite international pressure to resume peace talks, negotiations are unlikely to restart in the near future as both parties continue to point fingers at each other.

But all hopes for peace are not lost.  Although the government has vowed to take a hard-line stance toward the JEM, the government will be attending a peace conference with another anti-government group, the Liberation and Justice Movement, on June 6th.  The parties hope to come to a final agreement by the end of June however, many remain skeptical of the parties’ intentions and are concerned that the upcoming negotiations in Doha, Qatar are simply a venue for more political maneuvering.

Despite the government’s optimistic tone, tensions between the government and rebel groups continue to escalate.  The conflict in Darfur is now in its seventh year and has claimed over 300,000 lives according to estimates by the United Nations.  Another 2.7 million people have been displaced from their homes and continue to seek refuge in neighboring countries.

U.N. officials grow increasingly worried about the scope of the humanitarian crisis in the Sudan.   Conflict continues to uproot thousands of Sudanese from their homes and starvation and illness remain significant causes of death among civilians.   Many non-governmental organizations have also ceased their aid efforts in recent weeks as a result of continued fighting.   According to the United Nations News Centre, Under-Secretary-General of the United Nations John Holmes, after visiting Sudan this past week, remarked that the current circumstances in Sudan have compounded into a “recipe for disaster.”  Although a peace agreement is long overdue many contentious issue must still be resolved before Sudan can start recovering from the effects of this seven year war.

For more information, please see:

Bloomberg Businessweek – Sudan Army, Rebel Groups Clash in Western Darfur, UN Says – 31 May, 2010

UN News Centre – UN Relief Chief Sounds Alarm on Darfur’s Dire Humanitarian Situation – 29 May, 2010

Al-Jazeera – Sudan Shelves Peace Talks with JEM – 27 May, 2010

Sudan Tribune – Darfur Peace Talks to Resume in June – 27, May, 2010

Rome Statute Review Conference to Challenge Negative Perceptions

By Celeste Little
Impunity Watch Reporter, Africa

KAMPALA, Uganda- Monday, May 31 begins a two week conference in Kampala, Uganda to review the Rome Statute of the International Criminal Court hosted by Ugandan President Yoweri Museveni. The conference will be attended by representatives of state parties to the International Criminal Court (ICC), based in the Hague, the Netherlands. Fifteen hundred to two thousand delegates are expected to attend.

The Rome Statute is a treaty that established the International Criminal Court, its functions, jurisdiction, and structure in Rome, Italy on July 17, 1998 and was implemented on July 1, 2002. There are 110 states which are party to the statute and  there are 38 states which have signed and not ratified the treaty. The seven countries that voted against the treaty are Iraq, Israel, Libya, China, Qatar, the United States, and Yemen.

The ICC is defined by the Rome Statute, as a permanent tribunal to prosecute the most serious international crimes. The statute requires its own review, and in turn a review of the ICC, every seven years and the upcoming conference in Uganda is the first time since 2002 that the statute has been reviewed.

One of the two primary focuses of this year’s conference is to make changes to Article 125 of the statute, which deals with the crime of aggression, it’s definition, and the use of certain weapons to constitute war crimes. The second major focus is stocktaking, where non-governmental organizations and other key parties will discuss the impact of the Rome statute on four pertinent areas–the impact of the Rome Statute system on victims and their communities, cooperation, complementarity and peace and justice.

Currently, the ICC is prosecuting suspected war criminals in several situations. In the situation in Uganda, the top five members of the Lords Resistance are being prosecuted for war crimes. And in it’s prosecution of war criminals related to the situation in the Democratic Republic of Congo, one of the individuals being prosecuted is the alleged founder of the Union des Patriotes Congolais (UPC), Thomas Lubanga Dylo, who is being prosecuted for war crimes including “conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities” according to the ICC arrest warrant.

The Sudanese president, Omar Hassan Ahmad Al Bashir is being prosecuted for war crimes which amount genocide.  In the Central African Republic, the alleged president and commander-in-chief of the Movement for the Liberation of Congo, Jean-Pierre Bemba Gombo, is being prosecuted for war crimes which include murder, rape, torture, pillaging, and outrages upon personal dignity and crimes against humanity,  including murder, rape, and torture. Furthermore, the situation in Kenya was recently opened for investigation.

Critics have said that the ICC has only prosecuted crimes committed in Africa, which evidences that it is a primarily European court, targeting Africans. The ICC has considered this negative perception in choosing to hold the review conference in Uganda as well as the revue the conference would bring to the country.

The ICC is launching a YouTube series of videos which will cover the review conference, for those who are interested in further education regarding the discussions that will occur during these next two weeks.

For more information, please see:

Voice of America– Uganda Hosts Review of Rome Statute Conference— 30 May 2010

AFP-ICC Seeks More Teeth at Kampala Meet-29 May 2010

Daily Nation-Nation Meets in Kampala to Chart Future of Hague Court-29 May 2010





Peacekeepers Pulling Out of Chad

By Eric C. Sigmund
Impunity Watch Reporter, Africa

Blue Helmets Pulling Out Soon
Blue helmets pulling out soon (Photo Courtesy of AP)

N’DJAMENA, ChadThe United Nations Security Counsel on Tuesday authorized the gradual withdrawal of U.N. peacekeepers in Chad and the Central African Republic.  

The pullout comes at a time when hundreds of thousands of Sudanese refugees have flooded the two nations as a result of the war in Darfur.  Despite a number of successful nation building endeavors, the U.N. will withdrawal the 3,300 troops stationed in Chad and the Central African Republic by the end of the year.

Although the peacekeepers have played a significant role in protecting civilians and refugees, Idriss Déby, President of Chad, has consistently criticized the United Nations’ role in the country.  Despite protest from a number of diplomats and international organizations, the United Nations contends that it has no authority to maintain a presence in a country without its permission.

The unanimous decision was supported by Secretary-General Ban-Ki Moon who recommended the withdrawal in a report earlier this week.  Mr. Moon contends that the decision will make the governments of Chad and Central African Republic responsible for the protection of its citizens and will facilitate development.  Critics of the decision however, embrace a more pessimistic view.  Representatives for Amnesty International stated that the decision is “premature and dangerous” as the region remains volatile and susceptible to violent unrest.

The safety and wellbeing of the 450,000 refugees currently living in Chad is just one concern of critics.  The U.N. office for the Co-ordination of Humanitarian Affairs reports that nearly two million people are dealing with food shortages as a result of drought in the region.  Others worry that the withdrawal will create a power vacuum, opening the unstable countries to bandits and rebels.

Despite the troop withdrawal, the U.N. has vowed to continue to support the development of Chad and the Central African Republic by contributing humanitarian aid and political support.  During the remaining months, the peacekeepers will continue to secure the resettlement of Sudanese refugees and elevate tensions.

For more information, please see:

Associated Press –UN Agrees to Pull UN Peacekeeping Force from Chad – 25 May 2010