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

HARARE, Zimbabwe – Legislation passed last September to give 51% control of all businesses to black Zimbabweans has been signed by Zimbabwe President Robert Mugabe.  The law defines an “indigenous” Zimbabwean as any person who, “before the 18th April, 1980, was disadvantaged by unfair discrimination on the grounds of his or her race, and any descendant of such person.”  This corresponds to the date of Zimbabwe’s independence from white rule

The law is complemented by another plan to give black farmers, who have resettled on previously white-owned land, farming equipment and cattle.  Many of Mugabe’s critics see these plans as a political scheme to support his political backers and win public favor.  Many have in mind Mugabe’s previous redistribution of land from whites to blacks, where the most valuable land was given to prominent figures in his government and party, the Zanu-PF.

This law, promoted by Mugabe as part of his campaign theme of “economic empowerment,” comes ahead of the March 29 elections, which many are predicting will be hotly contested.  Already, many are questioning how free and fair these elections will be, as reports of kidnappings and torture against opposition candidates are prevalent.  Africa News is reporting the disappearance of Edison Muwengwa, a member of the Movement for Democratic Change (MDC) party.  Many believe he has been abducted by Zanu-PF militias, as threats by party members in the past few weeks have been directed at Muwengwa and his family.

Furthermore, while the government’s strict media and security laws have been relaxed by means of a constitutional amendment, Zimbabwe Democracy Now (ZDN), a South Africa-based civil society organization, is accusing the government of being unresponsive to calls for abiding by the rules governing elections, which were agreed to by both major parties.   The agreement reached was to provide for equal media access, voter education programs and the monitoring of elections by an independent body.  However, the Daily News, one of Zimbabwe’s most popular independent newspapers remains banned and ZDN claims that state-run media are refusing to accept their advertisements.

Amidst all this, civil society organizations, including ZDN, have been urging members of the Zimbabwean diaspora to return home to vote in the elections.  Organizations in South Africa, where an estimated two million Zimbabweans have settled, have been running billboards and “Rock the Vote” concerts to support their campaign.  While some are responding to these calls to vote, many do not have the resources or are in the country illegally and fear deportation back to Zimbabwe if caught.  While an International Organization for Migration study found that most native Zimbabweans desire to return home in the future, the current economic crisis makes this unlikely in the near future.  This month’s elections will be seen as one indicator as to Zimbabwe’s future and the return of its expatriates. 

For more information, please see:

CNN.com – Zimbabwe: Blacks to control firms – 10 March 2008

Chicago Tribune – Zimbabwe’s Mugabe orders black control of businesses – 10 March 2008

NY Times – Zimbabwe Seeks ‘Indigenous’ Control of Companies – 27 June 2007

IRIN – SOUTH AFRICA-ZIMBABWE: Go home and vote, NGOs urge expats – 12 March 2008

africanews.com – Zimbabwe: MDC candidate goes missing – 11 March 2008

allAfrica.com – Zimbabwe: Government Violating SADC Guidelines on Elections – 11 March 2008

impunitywatch.net – BRIEF: Zimbabwe bans Western Observers – 10 March 2008

By: M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

KAMPALA, Uganda – Yoweri Museveni, the President of Uganda, wants Lord’s Resistance Army (LRA) to be tried in Ugandan courts rather than at the International Criminal Court (ICC) at The Hague. Joseph Koney and two other LRA leaders are currently under indictment from the ICC for crimes committed during the on-going 22-year rebellion in Northern Uganda. Koney has sent delegates to talk about ending the conflict, but he will not attend the talks because he is afraid he will be arrested. The LRA has thus far refused to sign an agreement ending the conflict unless the criminal indictments from The Hague are lifted.

The LRA has abducted children to be used as sex slaves, fighters, and porters. It is reported that the LRA has taken 25,000 children for these purposes.They are also known for cutting off the tongues and lips of civilians.

Museveni said that the tribal elders of Uganda want the trials to be held in Uganda and that is what should happen. The LRA wants a special tribunal to be established in Uganda to try LRA leaders while other LRA members would face traditional justice. Ugandan justice, as noted by Museveni, is more compensatory than retributive justice and will provide more compensation than a trial at the ICC.

The BBC reports that “The LRA leaders could be required to apologi[z]e for their actions and make a payment to local elders, but they would avoid prison sentences.”

The indictments in the ICC were issued at the request of the Ugandan government before peace talks were initiated. Uganda does not have the power to lift the indictments and ICC prosecutor Luis Moreno-Ocampo has refused to meet LRA representatives leaving the indictments in place. However, Museveni has said that Uganda sought the aid of the ICC because Koney fled Uganda and it wanted to ensure he would be held responsible for his actions. Musevini said “If he [Koney] signs the peace agreement and returns to our jurisdiction, it becomes our responsibility not any other party’s, including the ICC.” However, it is not clear that the ICC agrees with this position.

The issue of whether the ICC lifts the indictments or not is troublesome for the ICC: the ICC must give in to political pressure to lift the indictments or risk negatively impacting the peace talks in Uganda. Neither option is appealing to the first permanent international court for trying war crimes that was established in 2001.

For more information, please see

BBC News – Museveni rejects Hague LRA trial – 12 March 2008

allAfrica.com – Uganda: We Can Save Kony – President Museveni – 11 March 2008

Le Monde – Les rebelles ougandais de la LRA conditionnent la paix à l’arrêt des poursuites contre leur chef – 11 March 2008

My Way News – Uganda: Rebels Will Face Trial at Home – 11 March 2008

By: M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

United States Africa Command (AFRICOM) is not only comprised of U.S. Department of Defense officials, but also members of the U.S. Department of State and the U.S. Agency for International Development.

AFRICOM started in October, 2007 as a sub-unified command subordinate to U.S. European Command. It is schedule to be an independent combat command by the end of the current fiscal year. It is temporarily located in Stuttgarg, Germany at Kelly Barracks not far for U.S. European Command. AFRICOM will not be located in Africa., and the U.S. will not put AFRICOM offices on the continent unless it adds to the security and assistance that the U.S. can provide to Africa. The placement of AFRICOM offices in Africa would require diplomatic agreement with host nations.

AFRICOM is different from other commands because it will focus on war prevention rather than execution as discussed by AFRICOM’s commander, U.S. Army General William E. “Kip” Ward, in a recent speech.

The response from African countries has been lukewarm and many nations see it as a threat to their sovereignty. Liberia is the only one of Africa’s 53 countries that has offered to host AFRICOM. There is also concern that AFRICOM is an attempt by the U.S. to protect its interest in minerals and natural resources or that it will pull Africa into the U.S. global war on terror.

United States Africa Command – accessed 11 March 2008

BBC News – Aids, oil and Africom on Bush tour – 21 February 2008

World Defense Review – An African Security Update and Why AFRICOM Is Critical – 6 March 2008

By: M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa

United States Africa Command (AFRICOM) is not only comprised of U.S. Department of Defense officials, but also members of the U.S. Department of State and the U.S. Agency for International Development.

AFRICOM started in October, 2007 as a sub-unified command subordinate to U.S. European Command. It is schedule to be an independent combat command by the end of the current fiscal year. It is temporarily located in Stuttgarg, Germany at Kelly Barracks not far for U.S. European Command. AFRICOM will not be located in Africa., and the U.S. will not put AFRICOM offices on the continent unless it adds to the security and assistance that the U.S. can provide to Africa. The placement of AFRICOM offices in Africa would require diplomatic agreement with host nations.

AFRICOM is different from other commands because it will focus on war prevention rather than execution as discussed by AFRICOM’s commander, U.S. Army General William E. “Kip” Ward, in a recent speech.

The response from African countries has been lukewarm and many nations see it as a threat to their sovereignty. Liberia is the only one of Africa’s 53 countries that has offered to host AFRICOM. There is also concern that AFRICOM is an attempt by the U.S. to protect its interest in minerals and natural resources or that it will pull Africa into the U.S. global war on terror.

United States Africa Command – accessed 11 March 2008

BBC News – Aids, oil and Africom on Bush tour – 21 February 2008

World Defense Review – An African Security Update and Why AFRICOM Is Critical – 6 March 2008

HARARE, Zimbabwe – Elections in Zimbabwe later this month have been decreed “off limits” to Western observers.  Believing Western countries are trying to remove him from government, Zimbabwe’s president Robert Mugabe instituted the ban.   Mugabe has been in power since 1980 when Zimbabwe gained its independence from Britain. Many people believe Mugabe’s “Zanu-PF” party to be poised to win again.  The two challengers, Simba Makoni and Morgan Tsvangirai, believe the government-imposed ban indicates that Zanu-PF has something to hide.

The army, through Defence Forces Commander Constantine Chiwenga, announced it would only back Mugabe in the upcoming election, calling the other two candidates “sell outs.”  “Elections are coming, and the army will not support or salute sell-outs and agents of the West before, during and after the presidential elects,” said Chiwenga.  In addition, army sources claim that soldiers have been instructed to take leave so that they could go to rural areas and stump for the Zanu PF campaign.

Despite the ban on western observers, African countries, as well as Zimbabwe’s allies China, Iran and Venezuela, will be allowed to monitor the elections.

BBC News – Zimbabwe bans Western observers – 7 March 2008

allAfrica.com – I’ll only salute Mugabe, Not Sell-Outs – Chiwenga – 9 March 2008