By Impunity Watch Africa

The Special Court for Sierra Leone issued its judgment today in the joint trail of Moinina Fofana and Allieu Kondewa, the alleged former leaders of the Civil Defense Force.  Fofana was found guilty of four counts of war crimes and Kondewa was found guilty of five counts including war crimes and other serious violations of international law, as well as recruiting child soldiers.  Both were acquitted of charges of murder and violence as crimes against humanity.  Below is a summary of the charges and findings published on the Court’s website.  For a complete report from the court, please see the Special Court for Sierra Leone website.

For more information, please see:

Reuters – Factbox – Sierra Leone’s Civil War – 02 August 2007

Reuters – Sierra Leone War Crimes Court Convicts Government Militia Chiefs – 02 August 2007

Count	Substantive Charge	Article of the Statute of the SCSL under which the charge was brought	Source of Law	Finding of Guilt
1	Murder	Art. 2(a)	Crime Against Humanity	Both Accused not guilty
2	Violence to life, health and physical or mental well-being of persons, in particular murder	Art. 3(a)	Violation of Common Article 3 or Optional Protocol II	Both Accused guilty
3	Inhumane Acts	Art. 2(i)	Crime Against Humanity	Both Accused not guilty
4	Violence to life, health and physical or mental well-being of persons, in particular cruel treatment	Art. 3(a)	Violation of Common Article 3 or Optional Protocol II	Both Accused guilty
5	Pillage	Art. 3(f)	Violation of Common Article 3 or Optional Protocol II	Both Accused guilty
6	Acts of Terrorism	Art. 3(d)	Violation of Common Article 3 or Optional Protocol II	Both Accused not guilty
7	Collective Punishments	Art. 3(b)	Violation of Common Article 3 or Optional Protocol II	Both Accused guilty
8	Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities	Art. 2(i)	Crime Against Humanity	Fofanah found not guilty. Kondewa found guilty.

By Impunity Watch Africa

A new UN Security Council resolution to send 26,000 peacekeepers to Darfur was unanimously approved Tuesday, and approved by Sudan today. Sudan hailed the resolution as a diplomatic victory and promised to uphold the deal since it respects Sudanese sovereignty.    In June Sudan agreed to a compromise deal for the African Union to deploy a joint AU-UN peacekeeping force to end the violence.  A resolution from the Security Council was slow coming however, due to Sudan’s opposition over talks of sanctions and condemning language.

The new mission authorized yesterday will absorb the current AU force that has failed to end the violence in Sudan’s Darfur region.  The resolution authorizes up to 19,555 military personnel and 6,432 civilian police.  The force is expected to have selected its commanders by October in order to take over operations from the AU force by the end of the year.  The operation is expected to cost $2 billion in the first year.

Under the authority of Chapter 7 of the UN Charter, the resolution authorizes force for self-defense, to ensure the free movement of aid workers, and to protect civilians under attack.   The resolution does not, however, allow force to seize illegal arms, providing that such weapons are only to be monitored.  US academic and Sudan expert Eric Reeves stated that the deletion of such provisions weakened the resolution.  UN Secretary General Ban Ki-Moon, who conducted months of talks with Khartoum, described the resolution as “historic and unprecedented.”   Although the resolution no longer includes threats of sanctions, British Prime Minister Gordon Brown threatened to impose them if the killing continues.

The main Darfur rebel group, the Sudan Liberation Movement, has stated they are encouraged by the tough language of the resolution.  However, SLM spokesman Yahia Bolad says they will reserve final judgment to see whether the peacekeepers are in fact able to enforce the agreement.   Another major concern of the group is that a majority of the land abandoned by civilians in Darfur have since been taken over by Arabs backed by the Sudanese government. The SLM will not start thinking about a political agreement for Darfur until the attacks cease and settlement issues are resolved.

International experts estimate that over 200,000 people have been killed and 2.5 million displaced from their homes since the conflict began in 2003.

For more information, please see:

AllAfrica – Sudan: AU, UN Force to Keep Peace – 01 August 2007

Christian Science Monitor – Sudan agrees to 26,000 UN troops in Darfur – 01 August 2007

Reuters – Sudan Pledges to Work with UN Darfur Force – 01 August 2007

VOA – Sudan Accepts Darfur Resolution, Rebels Have Their Doubts – 01 August 2007

Washington Post – Sudan Hails UN Peacekeepers – 01 August 2007

By Meryl White

Impunity Watch, Africa

In the South Kivu province of Democratic Republic of Congo, the scale of violence against women is shocking. According to UN human rights expert, Yakin Erturk, rebels, soldiers, and police in the eastern province are responsible for brutal attacks on local women. Women in South Kivu have been tortured and forced to eat human remains. Moreover, women are violently gang raped often in front of their families and communities.

This year alone, more than 4,500 rape cases have been reported in South Kivu. However, officials believe that there are many more cases that have gone unreported. Erturk stated that “most victims live in inaccessible areas [and] are afraid to report or did not survive the violence,”

While there are 16,000 UN peacekeepers in DRC, many Congolese women continue to suffer from violent rape and sexual assault. Erturk believes that “these acts amount to war crimes and, in some cases, crimes against humanity.”

Furthermore with over six million displaced Congolese people, it is a difficult task for the government to apprehend and punish those responsible for the violence against women. Presently, there has been no formal action taken against identified security personnel who have raped civilians.

For more information, please see:

AP – Sexual Atrocities `Rampant’ in Congo, UN Investigator Says – 31 July 2007

BBC – Shock at Sex Crimes in DR Congo – 30 July 2007

MONUC – South Kivu: 4,500 Sexual Violence Cases in the First Six Months of This Year Alone – 27 July 2007

By Myriam Clerge

Impunity Watch, Africa

Zimbabwe’s condition continues to fall as the country grips the worst crisis since its independence from Britian in 1980.  In an effort to curb the continued despair of the country, President Robert Mugabe has pledged to print more money. This strategy is not likely to help the economic condition given that printing money is a “recipe for inflation”. Economists estimate the inflation rate will likely be twice as high as the current rate of 4,500 percent.

Thousands left their jobs when the government ordered companies to operate at a loss by reducing the price of goods and services by half. Unemployment is presently at 80 percent. Along with food and oil shortages, hospitals are losing kidney patients due to the lack dialysis machines. Furthermore, pharmacies are advising AIDS patients to stock up on their drugs. Roughly 20 percent of Zimbabweans have AIDS and raw materials will soon run out. Another serious problem lies in the breakdowns of water pumps.

An estimated 4,000 Zimbabweans have headed south to South Africa. The Central Methodist Church in downtown Johannesburg has become a virtual refugee camp for 800-900 fleeing Zimbabweans.  South African President Thabo Mbeki warns that next years election in Zimbabwe must be free and fair. Political unrest continues to rise and President Mugabe’s opposition, the Movement for Democratic Change (MDC), gets stronger as the country falls. President Mbeki, who continues to play mediator between President Mugabe and the MDC, adds that he is confident an agreement would be met.

In the meantime, Arthur Mutambara, the leader of the MDC has decided to intensify the campaign against President Mugabe with the joint coalition of political and social organizations. Mutambara said that the country cannot rely on foreigners to emancipate and liberate it, it must have an alternate plan.

For more information please see:

Yahoo – Mbeki Says Zimbabwe’s Vote Must Be ‘Free and Fair’ – 29 July 2007

Yahoo – South African Church Shelters Desperate Zimbabweans – 29 July, 2007

Yahoo – Mugabe Says He Will Print More Money – 28 July 2007

Yahoo – We Cannot Rely on South African Leader Alone: Zimbabwe Opposition – 28 July 2007

By Impunity Watch Africa

The UN Human Rights Committee (HRC) has criticized Sudan for “widespread and systematic” abuses in a report issued this week.  The HRC, comprising of 18 independent experts, monitors compliance with the 1966 International Covenant on Civil and Political Rights, wrapped up a three-week session during which it examined the records for three countries including Sudan.  The HRC expressed concern over reports of torture, discrimination against women, and the use of child soldiers.  There are also reported violations in Darfur, including murder, rape, evictions, and attacks on civilians.

This was the first overall review of Sudan in more than ten years, and the HRC said “widespread and systematic serious human rights violations, including murder, rape, forced displacement and attacks against the civilian population, have been and continue to be committed with total impunity throughout Sudan and particularly in Darfur.” The HRC called on Khartoum to “ensure that no financial support or material is channeled to militias that engage in ethnic cleansing or the deliberate targeting of civilians.”   The committee also expressed concern over payments of “diya,” or blood money, for murder in Sudan, as well as reports of widespread torture in prisons, persistent discrimination against women, and the use of child soldiers.

The HRC is also urging the government of Sudan to cooperate with the International Criminal Court to make sure that human rights violations are investigated and that those responsible are prosecuted at the national or international level.  Currently, Sudanese police, armed forces, and national security forces are immune from prosecution under Sudanese law.   The ICC has already issued arrest warrants for junior cabinet Minister Ahmed Haroun and an allied militia leader, both accused of conspiring to commit war crimes, but Sudan has refused to turn over the suspects.

The UN estimates that 200,000 people have been killed and more than 2.5 million displaced during the conflict in Darfur that began four years ago. The government has been accused of sending Arab militias known as janjaweed, which are blamed for the worst human rights violations in Darfur including rape and indiscriminate killings.  The current AU peacekeeping force in Darfur is over-stretched and under-funded, and negotiations are currently taking place for a joint AU-UN force.

For more information, please see:

BBC – UN body criticises Sudan abuses – 27 July 2007

Reuters – UN Rights Body Urges Sudan to Prosecute War Crimes – 27 July 2007

Washington Post – UN Rights Committee Criticizes Sudan – 27 July 2007

VOA – UN Condemns Gross Human Rights Violations in Sudan – 27 July 2007