By: Julie K. Narimatsu
Impunity Watch Managing Editor, Journal

NAIROBI, Kenya – The Kenyan legislature approved the constitutional amendment that creates the position of prime minister and two deputies and creates a coalition between the two major parties, President Mwai Kibaki’s Party of National Unity and opposition leader Raila Odinga’s Orange Democratic Movement.  In light of the disputed elections late last year that fueled ethnic conflict resulting in the deaths of more than 1,000 and the displacement of 600,000, Kibaki and Odinga originally reached the political deal at the end of February.

The National Accord and Reconciliation Act 2008 names Odinga as the prime minister while Kibaki will retain the presidency.  The Act provides that the cabinet will include the president, vice president, prime minister, two deputy prime ministers and other ministers.  Ministers cannot be discharged without approval from their corresponding party.  The deal stipulates that the two parties will share equal power, however, if one party decides not to participate, the coalition will be disbanded.  The bill does not afford a new election in the event this situation arises.

On a reconciliatory note, both parties have agreed to investigate the violence that occurred directly after the election.  The commission will comprise of independent, international experts who will be appointed by both parties.  This comes after Odinga and his party filed a formal complaint with the International Criminal Court in January accusing Kibaki and his government of using force against opposition demonstrators.  The commission’s work is expected to be completed within three months.

Much of the world has supported the deal, including former Secretary-General of the UN, Kofi Annan, who helped facilitate negotiations between the parties.  Both leaders had urged the National Assembly to approve the legislation.  Odinga recognized Kibaki as president and thanked him for his efforts, while Kibaki requested that Kenyans try to move past the violence of the past few months and move forward.

For more information, please see:

africanews.com – Kenya: MPs endorse amendment – 19 March 2008

BBC News – Kenya MPs support power-sharing – 18 March 2008

The Jurist – Kenya parliament approves power-sharing agreement in bid to end violence – 18 March 2008

impunitywatch.net – Kenya reaches peace deal; its government defends against allegations of planned violence – 5 March 2008

CNN.com – Kenya power deal ‘on the right track’ – 28 February 2008

CAPETOWN, South Africa – International human rights group Human Rights Watch (“HRW”) claims the upcoming elections in Zimbabwe are not likely to be fair, because the current government  intimidated opposition supporters. HRW also says there are deep-seeded flaws in the electoral process. The group alleges human rights abuses leading up to the electoral process, including violence against detractors; restricting freedom of assembly; gaining political advantage through distribution of food and farming equipment; and denying opposition supporters access to the media. Also, HRW believes voter registration lists are inaccurate, saying they have “found evidence of dead people registered to vote including a former minister who died thirty years ago.” The group concludes that the poll, scheduled to take place March 29, cannot possibly be a “free and fair” vote, given the current conditions.

Eighty-four year old President Robert Mugabe is seeking his sixth term in office as representative of the Zanu-PF party, which has held power in Zimbabwe for twenty-eight years following independence. He is being opposed by his former finance minister Simba Makoni and opposition leader Morgan Tsvangirai. Mugabe’s Deputy Information Minister Bright Matonga told the BBC that “such reports reflected what the West wanted to hear.” He denies any bias in the Zimbabwe Electoral Commission, and accused HRW of having an agenda.

The Zimbabwe Election Support Network, however, has said the distribution of polling stations have been biased have been biased in favor of rural areas, where Mugabe has a network of support.

For more information, please see:

BBC News – Zimbabwe rejects free poll fears – 19 March 2008

Voice of America – Rights Groups Doubt Zimbabwe Elections Will be Fair – 19 March 2008

CAPETOWN, South Africa – International human rights group Human Rights Watch (“HRW”) claims the upcoming elections in Zimbabwe are not likely to be fair, because the current government  intimidated opposition supporters. HRW also says there are deep-seeded flaws in the electoral process. The group alleges human rights abuses leading up to the electoral process, including violence against detractors; restricting freedom of assembly; gaining political advantage through distribution of food and farming equipment; and denying opposition supporters access to the media. Also, HRW believes voter registration lists are inaccurate, saying they have “found evidence of dead people registered to vote including a former minister who died thirty years ago.” The group concludes that the poll, scheduled to take place March 29, cannot possibly be a “free and fair” vote, given the current conditions.

Eighty-four year old President Robert Mugabe is seeking his sixth term in office as representative of the Zanu-PF party, which has held power in Zimbabwe for twenty-eight years following independence. He is being opposed by his former finance minister Simba Makoni and opposition leader Morgan Tsvangirai. Mugabe’s Deputy Information Minister Bright Matonga told the BBC that “such reports reflected what the West wanted to hear.” He denies any bias in the Zimbabwe Electoral Commission, and accused HRW of having an agenda.

The Zimbabwe Election Support Network, however, has said the distribution of polling stations have been biased have been biased in favor of rural areas, where Mugabe has a network of support.

For more information, please see:

BBC News – Zimbabwe rejects free poll fears – 19 March 2008

Voice of America – Rights Groups Doubt Zimbabwe Elections Will be Fair – 19 March 2008

CNN.com – Rights groups: Election corruption rife in Zimbabwe – 19 March 2008

CAPETOWN, South Africa – International human rights group Human Rights Watch (“HRW”) claims the upcoming elections in Zimbabwe are not likely to be fair, because the current government  intimidated opposition supporters. HRW also says there are deep-seeded flaws in the electoral process. The group alleges human rights abuses leading up to the electoral process, including violence against detractors; restricting freedom of assembly; gaining political advantage through distribution of food and farming equipment; and denying opposition supporters access to the media. Also, HRW believes voter registration lists are inaccurate, saying they have “found evidence of dead people registered to vote including a former minister who died thirty years ago.” The group concludes that the poll, scheduled to take place March 29, cannot possibly be a “free and fair” vote, given the current conditions.

Eighty-four year old President Robert Mugabe is seeking his sixth term in office as representative of the Zanu-PF party, which has held power in Zimbabwe for twenty-eight years following independence. He is being opposed by his former finance minister Simba Makoni and opposition leader Morgan Tsvangirai. Mugabe’s Deputy Information Minister Bright Matonga told the BBC that “such reports reflected what the West wanted to hear.” He denies any bias in the Zimbabwe Electoral Commission, and accused HRW of having an agenda.

The Zimbabwe Election Support Network, however, has said the distribution of polling stations have been biased have been biased in favor of rural areas, where Mugabe has a network of support.

For more information, please see:

BBC News – Zimbabwe rejects free poll fears – 19 March 2008

Voice of America – Rights Groups Doubt Zimbabwe Elections Will be Fair – 19 March 2008

By Ted Townsend
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Researchers for the international organization Human Rights Watch (“HRW”) claim in a new report that the ethnic violence that tormented Kenya following December’s disputed presidential elections was organized by local leaders. The report says that the planning of the violence was done at the local level, but that the role of national leaders must be investigated further. “What we found, far from being spontaneous was that it (the violence) was organized as elders and youth met,” said HRW spokesman Ben Rawlence.

The eighty-eight page report, entitled “Ballots to Bullets: Organised Political Violence and Kenya’s Crisis of Governance,” documents serious abuses of power in the worst affected areas of Nairobi, Nyanza, Rift Valley and western provinces of Kenya.  It focuses on the use of excessive force by police, vividly describing unlawful killings in response to demonstrations and the organization of the violent acts.  For example, a fifteen year old boy described how he was shot in the leg, as he was running from a police car. The report also detailed many instances of officers opening fire on unarmed demonstrators. The most serious cases of extrajudicial police violence occurred in Kisumu, a stronghold of opposition presidential candidate Raila Odinga.  The report credits police for the deaths of eighty-one people, mostly from opposition strongholds. The police deny any wrongdoing, but have agreed to look into any alleged wrongdoing by officers.

The report uses eyewitness testimony to show that local leaders organized the violence. In the town of Eldoret, located in the Rift Valley attacks on Kikuyu homes were planned in advance of the election results. The elders in the town “said that if there is any sign that Kibaki is winning, then the war should break… they were coaching the young people how to go on the war.” Reprisal attacks against non-Kikuyus were also organized by local leaders. In Naivasha and Nakuru, the violence allegedly followed meetings with local businessmen and politicians, which mobilized youths in their attacks.

Further investigations are required to determine the extent to which the national leadership had a hand in planning the violence and mobilizing the local leaders.

HRW also suggests that Kenya faces a repeat of this violence if the government and international community fail to punish those responsible. The report alleges that western powers looked on, while successive governments in Kenya “failed to tackle the land and poverty issues at the root of the trouble, exploited by politicians to incite violence, without fear of real punishment.” HRW ultimately calls for the new coalition government to prosecute those responsible, a move it claims is necessary to stabilize the country. Georgette Gagnon, African director at Human Rights Watch said “Inciting violence along ethnic lines almost destroyed Kenya. The new government now has a chance to repair those fractures.”

More than one thousand died, and over six hundred thousand were displaced in riots and attacks following the disputed December 2007 election. The bloodshed saw militias burn civilians alive, forcibly circumcise foes and hack victims with machetes,  is “Kenya’s darkest moment since independence from Britain in 1963.”

For more information, please see:

BBC News – Kenya poll violence ‘was planned’ – 17 March 2008

Human Rights Watch – Kenya: Justice Vital to Stability – 17 March 2008

Voice of America – Rights Group Describes Planned Post-Election Violence in Kenya – 17 March 2008

allAfrica.com – Human Rights Watch Urges Inquiry Into Post-Election Violence – 17 March 2008

AfricaNews – HRW: Election violence Kenya was planned – 17 March 2008

Reuters – Kenya faces repeat of violence if impunity stays – 17 March 2008