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

NAIROBI, Kenya – International Crisis Group (ICG) issued a report stating that Kenya is at risk of further violence if the political crisis is not resolved soon. Kofi Anan has been mediating talks in Narobi; however, an agreement has not been reached. There are armed groups preparing for attacks in support of both President Mwai Kibaki and the opposition.

Kenya’€™s opposition party will launch nationwide protests in one week. The Orange Democratic Movement (ODM), led by Professor Peter Anyang Nyongo, accuses President Kibaki of derailing the gains made in negotiations. The ODM accuses President Kibaki of failing to respect both the wishes of the majority and the mediation led by Anan.

President Kibaki and affiliated parties will not accept a power-sharing deal that violates Kenya’s constitution. A solution to the political impasse proposed by President Kibaki’€™s rival, Raila Odinga, would create a sharing of power in which President Kibaki would remain head of state and Odinga would be the head of the government. In response to this proposal, Kenya’€™s foreign Affairs Minister, Moses Weangula, said, “Agreeing to enter into a quick fix for the sake of Raila is a betrayal of the people of Kenya and the constitution. Legitimizing an illegal deal that violates the constitution will mean that we will be playing in creating an illegal office of the prime minister.” The international community views a power-sharing agreement as the most viable solution to the political situation and supports such a plan.

Kofi Anan responded to discouraging reports asserting that the negotiations are going well and are on track.

Raila Odinga was first elected a Member of Parliament for the cosmopolitan constituency of Langata, Nairobi in December 1992. He retained his seat in general elections in 1997 and 2002.

Over 1,000 people have been killed and nearly 500,000 people have been displaced since President Kibaki was declared the winner of the December 2007 presidential election.  Human Rights Watch researchers have documented instances of extra judicial killings, excessive use of force by the police, and attacks based on ethnicity.

The ICG report warns that the risk of ethnic and territorial conflict and a failure of the democratic process in Kenya “would have sever[e] consequences for the whole of east Africa…”€

For more information, please see:

BBC News – Kenya ‘at risk of fresh violence’ – 21 February, 2008

Human Rights Watch – Kenya: Justice Key to Securing Lasting Peace – 17 February, 2008

Raila2007.com – About Raila Odinga – accessed 20 February, 2008

Africanews – Kenya opposition back to streets next week – 20 February, 2008

Africanews – Kenya: Kibaki rejects power sharing principle – 20 February, 2008

allAfrica.com – Kenya Talks Facing Uncertainty – 21 February, 2008

FREETOWN, Sierra Leone – The Sierra Leone Special Court, an independent tribunal established jointly by the United Nations and the Government of Sierra Leone, is convening an international conference this week in order to consider “residual issues” that will need to be addressed once the court closes down. The conference, made possible by the Canadian Government’s financial contribution, will be attended by delegates from the U.N. Security Council and Sierra Leone government officials. Other attendees include legal experts, including officials from the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, as well as diplomats, human rights workers, and members of society from Sierra Leone and the world.

A focal point of the conference is the identification of a way to prosecute Johnny Paul Koroma, should he be found after the court closes down. Koroma was indicted in 1997 for leading a military Junta which removed the former government from power. Following the coup, he led armed attacks on civilians throughout Sierra Leone, including murders, mutilations and sexual violence. Koroma’s present status is “in hiding or dead, fate uncertain.”

Other questions to be addressed at the conference include issues arising from the enforcement of sentences, how requests for reviews of judgment would take place and witness protection for those who testify before the Court.

For more information, please see:

AllAfrica.com – Sierra Leone: Special Court Convenes International Conference to Consider Residual Issues – 19 February 2008

Trial Watch – Johnny Paul Koroma – accessed 20 February 2008

Afrol News – Tortured journalist flees Gambia – 19 February 2008

By:  Lindsey Brady
Impunity Watch, Managing Editor – News

KAMPALA, Uganda – Conflict between the government of Uganda and the rebel Lord’s Resistance Army (“LRA”) has resulted in twenty years of fighting and the displacement of nearly 2 million people in Northern Uganda.  The LRA is a splinter group of the Ugandan People’s Democratic Army (“UPDA”) led by Joseph Kony.  According to BBC News, the LRA is notorious for mutilating its victims and kidnapping children to be soldiers, porters and sex slaves.

Kony and two lieutenants of the LRA have been charged with atrocities by the International Criminal Court (“ICC”).  International law requires that those charged be turned over to the ICC in the Hague immediately once captured or upon surrender.  Kony is believed to be hiding in the Democratic of Congo.  The LRA has refused to disarm while the three LRA leaders are wanted by the ICC.

On Monday the Ugandan government and the LRA signed an agreement outlining how war crimes would be dealt with.  Under the agreement the Ugandan government would establish a unit to investigate and prosecute those individuals who have planned or carried out “widespread, systematic or serious attacks.”  The unit will focus particularly on violations against women and children.  According to BBC News, Captain Chris Magezi, the spokesman for the government negotiating team, said “a  special division of the Ugandan High Court would be set up to deal with serious rebel crimes.”  Traditional courts would be used for lesser offenses.

The Ugandan government views this agreement as a practical approach to ending the long brutal war with the LRA.  Yahoo! News quoted Norbert Mao, chairman of the Gulu District – which has been ravaged by the war – hailed the agreement as a major step towards peace”  Human Rights Watch concurs with Mao but believes the true test will come in time as the world watches how the agreement is enforced.

The agreement, however, has been met with great criticism.  Amnesty International views the agreement as allowing the LRA leaders a deal to avoid punishment for crimes against humanity and war crimes that would be tried under the ICC.  Christopher Keith Hall, Senior Legal Adviser for Amnesty International’s International Justice Project, stated “at the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham.”

For more information, please see:

BBC News – Ugandans Reach War Crimes Accord – 19 February 2008

Yahoo! News – Ugandan Rebel Deal Met with Skepticism, Hope – 20 February 2008

All-Africa.com – Uganda:  Government Cannot Negotiate Away International Criminal Court Arrest Warrants for LRA – 20 February 2008

Refugees International – Uganda:  Challenges of Peace and Justice – 20 February 2008

ARUSHA, Tanzania – According to the President of the African Human Rights Court, Professor Gerard Niungeko, the Court and those having an interest in it urgently need to campaign for additional signatories to the Court’s establishing Protocol. Only 22 of the 53 African Union (AU) member States have ratified the Court’s establishing Protocol. Only one country, Burkino Faso, has accepted the AU Court’s power to hear claims from NGO’s and individuals.

The Court is empowered to issue binding decisions on AU members and is currently hiring staff for its new location and headquarters in Arusha, Tanzania.

For more information, please see:

Allafrica.com – Africa: Only 24 African Countries Have Ratified Protocol for Human Rights Court – 18 February, 2008

African Union – List of Countries Which have Signed, Ratified/Acceded to the Protocol  to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and People’s Rights –  accessed 19 February, 2008

NAIROBI, Kenya – US President George Bush began his six-day five-nation tour of Africa with a warning to Kenya’s Government that it needed to agree to a power-sharing arrangement.  US Secretary of State Condoleeza Rice is due to visit Nairoibi on Monday to join Kofi Annan in meetings with Kenyan President Mwai Kibaki and opposition leader Raila Odinga. 

On Sunday, the Kenyan government responded that they were not going to bow to pressure.  “We encourage our friends to support, to encourage us, but not to make any mistakes by putting a gun to anybody’s head and say ‘either or’ because that cannot work,” said Foreign Minister Moses Wetangula. 

Kibaki has repeatedly denied any offer for power-sharing, saying it is willing to include opposition members in the government, but only under strong executive leadership of the president.  Negotiations are scheduled to resume Monday with separate meetings with Kibaki and Odinga before a new round of talks on Tuesday. 

More than 1,000 people have died and 300,000 were forced from their homes in the violence that erupted following the December 27 reelection of Kibaki. 

For more information, please see:

AFP – Kenya rejects US pressure over power-sharing deal – 17 February 2008

Reuters – Minister says outside threats won’t end Kenya crisis – 17 February 2008

Washington Post – Bush, in Africa, Issues Warning to Kenya – 17 February 2008