By Ryan Aliman
Impunity Watch Reporter, Africa

NAIROBI, Kenya – The murder of Islamic cleric Aboud Rogo Mohammed, popularly known in Kenya as Rogo, sparked riots in Mombasa that began on Monday, August 27.

Identified by the US and the UN as an aide and financier to Somalia’s Al Qaeda-linked Al Shebab militants, Rogo was driving a minibus with his father-in-law, wife and children when he was shot to death by “unknown people”, according to local police. Rogo’s family members reportedly survived the attack.

Upon learning of Rogo’s “targeted assassination”, his supporters began barricading the streets with burning tires in the predominantly Muslim neighborhood of Majengo as they clamored against the alleged “witch-hunt” against Muslims by the Kenyan government. They threw stones and fired machine guns at law enforcers; looted stores; and set ablaze churches. On Tuesday, they detonated a grenade in the area which injured almost a dozen officers and killed five people, including one civilian and three police officers.

The Kenyan police attempted to quell the unrest by retaliating with open fire and by arresting some of the protesters. So far, around 24 people are in detention and are likely to face charges of illegal assembly, arson and destruction of property. Anti-riot forces have also begun to patrol the streets armed with batons, teargas and rifles. In addition, they have ordered local residents to remain in their houses.

A day after Director of Public Prosecutions (DPP) Keriako Tobiko appointed Assistant Deputy DPP Jacob Ondari to assemble the team that will investigate Rogo’s murder, the National Muslim Leaders Forum (NAMLEF) called for an end to the riots. Despite conceding that the police were behind Rogo’s death and characterizing the cleric’s assassination as an “extra-judicial killing”, the Muslim leaders openly condemned the violence inflicted upon the police and the burning of churches, stating that “Islam did not condone attacks on places of worship”.

Perhaps to avoid aggravating already strained Muslim-Christian relations in the region, Cabinet Minister Najib Balala, a member of the NAMLEF, reminded Rogo’s supporters that, “this is not a war between Muslims and Christians, it is war against crime.”

However, Prime Minister Raila Odinga seemed to disagree with Cabinet Minister Balala. “We suspect the hand of the enemies of our country in this, those who want to create religious animosity. It is an attempt to try create a division between Christians and Muslims in our country so that it appears it is a religious war,” he told reporters.

Foreign embassies, meanwhile, such as those of Australia, Britain and France have issued travel warnings for Mombasa, a popular tourist destination with a major Indian Ocean port.

 

For further information, please see:

BBC – Kenya Cleric Rogo Riots: Mombasa Death Toll Rises – 29 August 2012

Reuters – Kenya PM Blames Killing of Muslim Cleric on Nation’s Foes – 29 August 2012

The National – Kenyan Police Officers Killed in Mombasa Riots over Imam Death – 29 August 2012

Daily Nation – Muslim Leaders Call for End to Mombasa Riots – 29 August 2012

Arab News – Riots Break Out for 2nd Day in Kenya over Cleric’s Death – 29 August 2012

By Tara Pistorese
Impunity Watch Reporter, Africa Desk

HARARE, Zimbabwe—On August 20, Zimbabwean police officers forcibly occupied the Harare organizational offices of Gays and Lesbians of Zimbabwe (GALZ), which advocates for national gay rights and provides health education and counseling. This was the second police raid of GALZ this month.

Officers confiscated computers, gay rights advocacy materials, DVDs, pamphlets, CDs, and other important documents, accusing the organization of operating without a license, in violation of the Private Voluntary Organizations Act. The “truckloads” of officers responsible for the invasion completely shut down the organization upon their departure.

The raid lasted six hours, most of which was conducted without a search warrant. When police finally provided a warrant in response to GALZ’s attorney’s demands, it stated the purpose of the raid was that GALZ was “in possession of pamphlets and fliers with information that promotes homosexuality for distribution.”

Forty-four members of the organization were arrested and will be tried, although a trial date has not yet been set, according to GALZ attorney Tonderai Bhatasara.

“It’s not an offense to be gay under the Zimbabwean Constitution,” Bhatasara explained, “but, if one man sodomized another man, then it becomes an offense. It is only intolerance within the society and political leadership here in Zimbabwe which have fueled the vilification of gays and lesbians.”

Human Rights Watch sent a letter to Zimbabwean Prime Minister Morgan Tsvangrai and President Robert Mugabe calling for the government to immediately stop persecuting members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community, and, specifically, GALZ.

This incident comes on the heels of a similar police raid that took place on August 11. On that occasion, police forcibly entered a GALZ office without a warrant in response to the organization’s publication of the 2011 LGBTI Rights Violation Report as well as a briefing of the progress of the new Zimbabwe Constitution, which is currently being drafted. President Mugabe vowed to exclude LBGTI rights in the new Constitution.

The police detained and assaulted forty-four GALZ members with batons, slaps, and punches during the August 11 attack, forcing some of the victims to seek medical attention for the injuries they suffered.

The week following the August 11 raid, the police entered the homes of various GALZ members and forced them to accompany officers to police headquarters, where the individuals were questioned.

“Such use of force is in direct contradiction to the Global Political Agreement,” said a GALZ spokesperson. The Global Political Agreement established a power-sharing government in 2009 with the intention of resolving Zimbabwe’s political and economic crisis and illuminating a new national political direction.

GALZ has been the target of multiple other violent assaults at the hand of the Zimbabwean government, most of which subject the organization’s officers to intimidation, arbitrary arrests, and beatings.

Specifically, in May 2010, two GALZ staff members were arrested after displaying a letter from San Francisco’s mayor calling President Mugabe “homophobic.” The two individuals were assaulted and detained for six days while police officials attempted to coerce them into providing a GALZ member list.

The staff members were charged with “insulting the President,” which is a criminal offense in Zimbabwe, although both were acquitted six months later. One of the arrest victims has since fled Zimbabwe out of fear for her personal safety.

GALZ, however, has not yet retracted the mayor’s letter from public display, prompting police to concentrate on the organization’s director during their criminal investigation of the Presidential insult. The director has been threatened with prosecution for this crime unless the organization brings forth another member willing to be prosecuted for the offense.

The U.S. State Department Spokeswoman, Victoria Nuland condemned the raids saying the U.S. “stands in solidarity” with Zimbabwe’s gay rights activists and other civil society.

“We are deeply concerned when security forces become an instrument of political violence used against citizens exercising their democratic rights,” Nuland said. “We call upon the government of Zimbabwe to eradicate the culture of impunity that allows members of the security sector to continue to violate the rights of the Zimbabwean people.”

Similarly, Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the police actions against GALZ and has monitored and recorded incidents of anti-gay government action. Notably, a speech from government figures in May 2012 urged Zimbabwean chiefs to banish “people who support homosexuality” from their communities and disposes them of their land.

GALZ has responded publicly to the police raids by saying, “[we] do not condone violence and we are not a threat. Those who cause violence are a threat to public safety and security and we ask that they stay away from our premises.”

For further information, please see:

Human Rights Watch—Zimbabwe: End Attacks on LGBT People—27 August 2012

ZimEye—U.S. Gov’t Blasts Zimbabwe Over Gay Group Raids—25 August 2012

The Zimbabwean—ZLHR Condemns GALZ Raids and State-Sponsored Homophobia Against LGBTS—23 August 2012

NewsDay—44 GALZ Members Arrested—13 August 2012

By Ryan Aliman
Impunity Watch Reporter, Africa

BANJUL, Gambia – Gambia’s President Yahya Jammeh declared that his government vows to execute all prisoners who had been sentenced to death by September.

According to Jammeh, the executions are meant to end the rise of “brutal killings” and “heinous crimes” in the country. “I will set an example on all those who have been condemned,” he proclaimed in a televised meeting with the country’s Muslim elders and religious leaders last Sunday.

Human rights groups report that Gambia has currently sentenced 44 inmates to death, including 2 women, since last year. Crimes that receive the capital punishment as penalty include murder and treason.

Once implemented, the President’s decree will mark the end of an execution-free regime that has been in place for almost 30 years. Gambia last executed a prisoner in 1985. The resumption of the death penalty will also make Gambia the only West African country to inflict capital punishment upon its prisoners. Togo, Burundi, Gabon and Rwanda have abolished the death penalty for all crimes in the last five years.

Known in Gambia as His Excellency, Sheikh Professor Alhaji Dr Yahya Jammeh, the Gambian Leader has already made similar threats several years ago. For instance, in 1995, Jammeh’s government reinstated the death penalty. Almost a decade later, he issued another statement saying that his administration will see to it that all death row inmates will be executed as soon as possible. None of these intended executions, however, have been carried out. Despite this, Human Rights groups such as Amnesty International still consider President Jammeh’s recent announcement “a matter for serious concern”.

“Any attempt to carry out this threat would be both deeply shocking and a major set-back for human rights in Gambia,” said Audrey Gaughran, Amnesty International’s Africa director. “The President’s statement is in stark contracts to the trend, both in West Africa and globally, towards ending the use of the death penalty,” she added.

In his article for Think Africa Press, Journalist Bubacarr Sowe expressed his dismay regarding the President’s administration. He writes that over the past couple of years, President Jammeh has made decisions that run counter to the President’s “promises of transparency, accountability and probity” – promises he made when he led a coup that ended former Gambian President Dawda Jawara’s 30-year rule. “Instead,” Sowe writes, “the administration is, like its predecessor, tainted with evidence of corruption and misappropriation of state resources.”

Notwithstanding the backlash against Jammeh’s regime, the President has maintained a steady number of supporters due to a recent boost in infrastructure projects which include the building of schools and hospitals, a new airport and the Gambia’s first university.

 

For further information, please see:

CNN – Gambia vows to execute all death row inmates by September, sparking outcry – 23 August 2012

AP – Gambia president vows to execute death row inmates – 22 August 2012

All Africa – Gambia: Murder Convicts Will Be Executed President Jammeh Tells Muslim Elders – 21 August 2012

All Africa – Gambia: President Jammeh Must Retract Call for Execution of Death Row Inmates – 21 August 2012

All Africa – Gambia: Yahya Jammeh – 18 Years and Counting – 2 August 2012

By Tara Pistorese
Impunity Watch Reporter, Africa

PRETORIA, South Africa—Police, armed with automatic rifles and pistols, opened fire on a crowd of 3,000 workers of the Lonmin mining firm on August 17, killing 34 and injuring 78. The incident has been called the most lethal police action since the end of apartheid.

The miners had been on illegal strike for six days in an effort to have their wages raised from 4,000 rand per month (approximately $484) to 12,000 rand per month (approximately $1512). Bearing spears, traditional fighting sticks, and machetes, 250 miners were arrested for public violence. They are expected to appear in court soon.

“We are angry,” said a victim’s family member. “Why must people be killed because they are protesting?”

Mangwashi “Riya” Phiyega, the newly appointed Police Commissioner, said officers were acting in self-defense when they fired on the miners after they had attempted to dilute the crowd with tear gas, water cannons, and rubber bullets.

While the circumstances surrounding the tragic event are somewhat unclear, some witness accounts suggest the shooting was a response to the workers rushing a line of police officers.

On the Wednesday following the shooting, President Jacob Zuma spoke with a crowd of survivors, informing them that the government had no intentions of killing anyone that day. The crowd reacted by shouting “phansi amaphoyisa phansi,” which means “down with the police.”

President Zuma has been criticized for his handling of the situation, which has had a critical impact on the nation’s investors. Financiers have previously expressed distrust in the nation’s legal system in light of statistics showing the country suffers 43 murders each day, which is more than six times the murder rate in the United States.

The tragedy “will make it more difficult for South Africa to attract foreign investment,” Carmen Altenkirch, a sovereign analyst at Fitch Ratings in London, told Bloomberg.

South Africa is one of the largest platinum producers in the world and the nation’s economy relies on mining of resources for almost two-thirds of its exports. The day news of the massacre was released, the rand fell 1.8% against the dollar.

President Zuma created a judicial inquiry and committee of cabinet ministers to investigate and take action against those responsible, if necessary. However, he has publicly announced he will not terminate Phiyega.

“We need answers,” said Julius Malema, a spokesperson for the mineworkers. “I don’t trust President Zuma and his inquiry.”

President Zuma has declared a week of national mourning from August 20 through 26. Flags across the country and at missions outside South Africa’s borders will fly at half-mast this week.

Lonmin threatened surviving workers with dismissal, however, if they failed to return to the job by August 20.

 

For further information, please see:

Mail & Guardian Online—Zuma on Lonmin: Government Didn’t Plan to Kill Anyone—22 August 2012

Bloomberg—Zuma Rejects Criticisms of Handling of Lonmin Mine Deaths—22 August 2012

Mail & Guardian Online—Deep Read: In the Eye of the Lonmin Storm—20 August 2012

BBC News Africa—S. Africa Lonmin Killings: National Mourning Declared—19 August 2012