Africa

Third ICC Conviction is Full of Firsts

By Tyler Campbell
Impunity Watch Reporter, Africa

BRAZZAVILLE, Congo ­– On March 21st the International Criminal Court (ICC) declared Jean-Pierre Bemba, the ex-vice president of the Democratic Republic of Congo, guilty of all five charges brought against him. Bemba was being charged for his leadership role with the MLC militia, which committed atrocities in the Central African Republic’s civil war. This is only the third conviction ever reached by the ICC but it comes with multiple landmarks for the court.

Photo of Jean-Pierre Bemba during his ICC hearing. Photo Courtesy of NBC News.

Bemba was convicted of two counts of crimes against humanity, murder and rape, and three counts of war crimes, murder, rape, and pillaging. This is the first time that the ICC has landed a conviction for rape as a war crime. This conviction by the ICC shows the continued change of how rape is viewed in the context of war. Instead of being written off as an inevitable byproduct of war it is now seen as weapon of war that must receive consequences when used.

The ex-vice president is also the highest-ranking official to ever be convicted by the court. Conviction of a high-ranking official, who was not present or near the ground fighting, shows acceptance of a different line of legal reasoning from the court. The all women three-judge panel stated Bemba was guilty by failing to properly exercise the control he had over the troops. This line of reasoning could now be taken to hold military commanders and high up government officials for, not only what they do, but also when they have failed to responsibly exercise the control their office gives them. The judges summed up this line of culpability when they said they were finding him guilty for what he had “failed to prevent.”

Now that the court has accepted that superiors can be held accountable for the actions of those below them we could see more convictions come from the ICC. Although, we should be cautious of expecting any large changes too quickly. The next step in Bemba’s case will be sentencing after the court has heard from the two parties and the legal representatives of the victims.

For More Information Please See:

BBC – Jean-Pierre Bemba: DR Congo ex-warlord guilty of war crimes – 21 March 2016

The New York Times – Congolese Politician, Jean-Pierre Bemba, Is Convicted of War Crimes – 21 March 2016

ICC – ICC Trial Chamber III declares Jean-Pierre Bemba Gombo guilty of war crimes and crimes against humanity – 21 March 2016

NBC News – Jean-Pierre Bemba Convicted at ICC of War Crimes, Crimes Against Humanity – 21 March 2016

 

18 Elephants Saved or Stolen?

By Tyler Campbell
Impunity Watch Reporter, Africa

MBABANE, Swaziland – This Tuesday, a plane loaded with some unusual passengers started the long flight from Swaziland to the continental U.S. Instead of people this plane is carrying 18 heavily sedated elephants to their new homes in three U.S. zoos. The three male and 15 female elephants will be split between the Dallas zoo, Sedgwick County zoo in Kansas, and Henry Doorly zoo in Nebraska were they hope to be bred. This move has been heavily criticized by some animal rights activists.

Photo of the Dallas Zoo’s Elephant exhibit, one of the destination zoos for the 18. (Photo Courtesy: Dallas Zoo)

In February the U.S. Fish and Wildlife Service approved the plan and granted permission to the three zoos to import the 18 elephants. To get approval for this moce the zoos had to meet requirements under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. To fulfill both bodies of law the receiving zoos and the sending country had to make certain legal and scientific findings.

The exporting country must determine that:
• the export is not detrimental to the survival of the species,
• the animal was legally acquired,
• the animal will be prepared and shipped so as to minimize the risk of injury, damage to health or cruel treatment, and
• the importing country has issued an import permit for the animal.

The importing country must determine that:
• the import is for purposes that are not detrimental to the survival of the species,
• the proposed recipient is suitably equipped to house and care for the animal, and
• the animal is not to be used for primarily commercial purposes.

(CITES regulations at 50 CFR 23, Appendix-I)

After permission was granted the group, Friends of Animals, filed a suit in federal court against the Fish and Wildlife Service seeking an injunction to stop the move. At the time the suit was filed the move from Swaziland to the U.S. was scheduled to take place in May and the court date was set for March, 17.

In an unexpected and seemingly questionable move, the zoos changed the move date and decided to move the animals on Tuesday, 10 days before the court date. Michael Harris, the legal director at friends of Animals, called the move “blatantly underhanded.”

The zoos have attempted to justify their actions saying the move was necessary due to heavy drought that has affected the region. In theory the move not only saves the elephants but will also help to ease the strain that is being place on Swaziland’s Hlane national park by the dry conditions. The zoos are also scheduled to pay $450,000 to the park in an attempt to help save the severely endangered rhino population that lives there.

For more information please see:

The Guardian ­- US zoos secretly fly 18 elephants out of Swaziland ahead of court challenge – 9 March 2016

The Telegraph – Swazi elephants sedated and flown to US zoos in dramatic ‘rescue’ mission – 9 March 2016

CBSDFW – Animal-Rights Group Moves To Block Zoos’ Elephant Import – 16 February 2016

Fish and Wildlife Service – Q&A: Importation of Elephants from Swaziland – 21 January 2016

Unusual El Niño Brings Sever Drought Across Africa

Record high temperatures in February and a dry El Nino season have combined to leave 49 million hungry across southern and eastern Africa. The UN’s World Food Program has declared that Zimbabwe, Mozambique, South Africa, Zambia, Malawi and Swaziland will all be in need of food assistance within the year. The El Nino driven drought will have far reaching effects past food and water shortages and will make these populations venerable to other natural disasters like fires and infectious disease.

(Dry river bed outside Utrecht, a small town in South Africa.)

This season’s El Nino pattern has been unusual in two respects. First, it has been much more severe than any in recent memory. South Africa is having the driest season it has seen in 35 years, while South America is dealing with heavy rains. Second, it is predicted to last longer than normal. This El Nino pattern started in mid-2015 and many meteorologists are predicting it to last throughout much of 2016.

El Nino is a natural weather pattern that is brought on by the warming of the Pacific Ocean. Although it is a natural occurrence many meteorologist believe the increased severity is a result of global climate change.

Drought conditions and high temperatures are severely affecting crop yields in South African countries. Zimbabwe has seen output drop by half compared to 2015. Other countries have seen similar drops in production which has sent prices for staples crops, like maze, 50-70% higher in some regions. Should drought conditions and crop failure continue, these high prices and poor economic conditions could be felt well into 2017.

The UN and other aid agencies have been slow to react to these increasingly serious conditions. Global aid is already spread thin from other emergencies like the Syrian and Ebola crisis. Ocha, the UN’s coordination agency began to put need estimates out in mid-February of what response may be needed. These numbers show just how large and wide spread a problem this sever El Nino season is creating. Ten million are projected to need food aid in Ethiopia and 2.8 million more will see some kind of need in Guatemala and Honduras.

A detailed response plan has not yet been laid out by these organizations but one will likely be needed because of the scale of the problem. Even if the rains started today regions would still be faced with some food shortages. Britain’s Department for International Development said in a statement, “the planting window for cereals has already closed in the southern part of the region [Africa] and is fast closing elsewhere.”

For more information please see:

The Guardian – Drought and rising temperatures ‘leaves 36m people across Africa facing hunger’ – 16 March 2016

The Guardian – El Niño is causing global food crisis, UN warns – 16 Feb. 2016

Reuters – Drought may affect 49 million in southern Africa: WFP – 15 Feb. 2016

Reuters – South Africa drought likely to persist -weather service – 18 Dec. 2015

2 Nigerian Villages to Sue Shell in UK

By Tyler Campbell

Impunity Watch Reporter, Africa

 

ABUJA, Nigeria – Two Nigerian towns, Ogale and Bille, have decided to take on Goliath and sue the seventh largest oil company in the world, Royal Dutch Shell in a British court. This case will be different from other suites Shell has faced from Nigeria. Instead of claiming damages for spills, these two villages are seeking compensation for Shell’s neglected clean up of effected areas in the Niger Delta. It was unclear at first if Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd., could be sued in the British court for events that occurred outside the county’s boarders. The decision handed down be a UK judge on Wednesday allowed the case to proceed for now.

Effects of repeated oil spills on Niger Delata. (Photo Courtesy of Deutsche Welle)

The suites from these two villages are being headed by Leigh Day, a British human rights law firm. This is not the first time Leigh Day has taken on Shell for their involvement in polluting the Niger Delta. Just last year Leigh Day won $83.5 million for Bobo, another Nigerian Village effected by pollution. Shell had only offered $50,000 to the village to settle.

 

Shell has decided to challenge the courts jurisdiction over the matter and have asked English courts to intervene. Shell is also claiming that they are not to blame for the pollution citing multiple attacks and thefts from their systems by third parties in Nigeria.

 

Shells defense is not completely unfounded. The sites by these two villages are plagued with thefts, but also suffer from old infrastructure and a lack of general upkeep. Besides neglected cleanup the village of Billie is also suing Shell for failing to protect their Nigerian properties from these break-ins and sabotages.

 

These two villages have been some of the hardest hit by pollution in the Niger Delta since the late 1950’s. Ogale, which sits on the Ogale River, relies heavily on farming and fishing and has seen their natural recourses crumble due to polluted water ways, ground water, and swamps. The Bille village also relies heavily on fishing and is made up of a number of small islands strung throughout the Niger Delta. In some cases spills have been so bad that villagers were forced to put sand bags around buildings to stop oil from flowing in.

 

For more information, please see:

 

RT – No-one listens, no-one cares’: Nigerian communities sue Shell over chronic oil pollution – 3 March 2016

The Jurist – UK court rules Nigeria towns can sue Shell in UK ­ 3 March 2016

ABC News – Nigerians Sue Shell in UK Court for Oil Spills Contamination – 2 March 2016

The Guardian – Shell Petroleum Development Company of Nigeria Ltd – 2 March 2016

Settlement Reached for South African Gold Miners

By Tyler Campbell

Impunity Watch Reporter, Africa

 

CAPE TOWN, South Africa – A case between 4,365 South African miners and two major mining companies has come to an end after 12 long years. The two mining companies, Anglo American South Africa and AngloGold Ashanti settled the suite before it went to court for 500 million Rand ($32.5 million). The miners brought the suite because of a lung disease they had contracted while working in the companies’ mines.

Gold miner working near Johannesburg South Africa. Photo Courtesy: Reuters

Heading the case was Richard Meeran a lawyer from the UK, human rights firm, Leigh Day. Leigh Day first got involved in the case in 2012 and has followed through till its completion on Wednesday. However, much still remains to be done before sick miners receive their payouts.

 

Although 4,365 miners were included in the suite it is clear that not all of them will receive compensation. The money paid out by Anglo American and Anglo Gold will be put into a trust and paid out to all those who qualify. If one qualifies how much they will receive will depend on the severity of their silicosis and their age.

 

Meeran admits that he does not expect everyone in the class action to receive compensation. The law firm did its own sampling and estimates that just over half of the plaintiffs will qualify to receive payout. According to the structure of the trust all testing and payouts must be done within six years, but Meeran believed it should all be concluded in four.

 

The miners are all suffering from a condition known as Silicosis, a condition contracted from repeated inhalation of airborne dust particles. Complications of Silicosis can lead to severe respiratory disease, ultimately leading to death. The conditions created by mining are exactly the type lead to Silicosis. The two mining companies were not being sued because of creating unsafe working conditions but instead because they failed to provide the correct protective gear for their workers.

 

Although many human rights groups have been supportive of the settlement it may be that it does not go far enough. The deal did include a payout for affected workers but did not include an admission of liability for either company. This means that the settlement will be almost meaningless for any upcoming cases against the two companies for the same disease. One of these cases that could have bolstered by an admission of liability is currently in the South Gauteng High Court, South Africa’s superior court.

 

For more information, please see:

 

City Press – Silicosis claims: Anglo has to cough up nearly R500m – 6 March 2016

The Guardian – South African gold miners awarded £22m in compensation – 5 March 2016

SABC News – Multi-million rand silicosis settlement is a victory for human rights – 5 March 2016

Bloomberg Business – Anglo American South Africa, AngloGold Agree on Silicosis Deal – 4 March 2016