Africa

Soldiers Suspected in Mass Rapes On Trial in DRC

Daniel M. Austin
Impunity Watch Reporter, Africa

DRC soldiers in South Kivu 2009. (Photo Courtesy of AFP).
DRC soldiers in South Kivu 2009. (Photo Courtesy of AFP).

BARAKA, Democratic Republic of Congo – On Thursday, an army officer and ten of his soldiers went on trial for the mass rapes of over sixty women in eastern Democratic Republic of Congo (DRC). The alleged incident occurred on New Year’s Day 2011 in the remote village of Fizi which is located in the restive South Kivu state.  The military trial is the most recent test for the  “mobile courts” which are being used to promote justice and the rule of law in remote parts of DRC where crimes like rape often go unreported.

The eleven individuals charged in this case are all military personnel who were assigned to protect the villagers in Fizi. However, instead of providing protection, the soldiers are accused of preying on the villagers. Prosecutors claim that the group of soldiers led by Lieutenant Colonel Kibibi Mutware began to attack the villagers after one of the unit’s soldiers was lynch by a mob in the village. The lynching occurred because the soldier had shot and killed a villager in Fizi after a dispute broke out between the two men over a woman.  Along with the alleged rapes that occurred, another 26 people were physically injured in attacks. Lt. Col. Mutware claims the allegations are false and that the soldiers who committed these acts were disobeying orders.

Mass rapes are common in the eastern part of DRC, and the use of mobile gender courts as a mechanism to try suspects has been an effective way to maintain law and order in a volatile region. This particular trial is expected to last for 10 days.  The mobile court was set up in Baraka, a town close to Fizi. News outlets report that members of the Fizi community have walked as far as 20 miles to come and witness the first day of court proceedings.

The mobile gender courts have been operating since 2009, conducting about 10 trials per month. The trials have resulted in over 90 rape convictions. Additionally, the court officers have trained over 150 judicial police officers, 80 lawyers, and 30 magistrates. The courts are being sponsored by a number of agencies including the American Bar Association, the United Nations Mission in DRC, and Avocats Sans Frontieres (Lawyers Without Borders).

For more information, please see:

BBC — Soldiers on trial charged with DR Congo mass rapes – 10 February 2011

The Guardian — Congolese soldiers go on trial accused of raping more than 60 women – 10 February 2011

Reuters Africa – Congo Soldiers go on trial for mass rapes – 10 February 2011

Take Part — Mobile Court Tries Congo Soldiers for Mass Rape – 10 February 2011

Update: Basarwa Bushmen in Botswana Granted Water Access

By Laura Hirahara
Impunity Watch Reporter, Africa

GABORONE, Botswana- The Basarwa Bushmen who live in the Kalahari Game Reserve in central Botswana have been awarded the right to access existing water wells and drill new wells by an appeals court who called the government’s actions “degrading”.  This comes almost ten years after the government sealed wells in the Bushmen’s ancestral lands and barred them from digging new wells.  The Bushmen, who have been in a legal battle with Botswana’s government since 2002 when they were evicted from their land, see this ruling as a victory.  The government argued during the appeal process that allowing the Bushmen to use and create water wells in the reserve is incompatible with the preservation of Kalahari wildlife despite allowing vacation lodges to be built in the area and most recently awarding a three billion dollar mining contract to Gem Diamonds.  After this decision in late January, Jeff Ramsay, a coordinator for the Botswana Government Communications and Information System, said, “We are a nation that is governed by the rule of law and always have been. Of course we will respect the decision of the courts.”

Since the Botswanian government sealed the wells in the Kalahari, the population of Bushmen has declined.  Those that remained in the reserve have survived by rainwater and melons or making the long journey from their homes to taps and other water sources outside of the reserve.  Said Basarwa resident and advocate Amohelang Segotsane, “I am happy with the judgment but not completely happy. . .[the g]overnment was supposed to give us water without going through the legal process.”

For more information, please see;

BBC- Botswana Bushmen Win  Back Rights to Kalahari Water– 27 Jan., 2011

NY Times- Bushmen Win Water Rights– 27 Jan., 2011

AP- Botswana Court Gives Kalahari Bushmen Water Rights– 27 Jan., 2011

Impunity WatchBotswana’s Bushmen Denied Access to Water24 Jan., 2011

Unprecedented Internet shutdown in Egypt sparks fears of technology abuse

By Polly Johnson
Impunity Watch Reporter, Africa

A protesters sign asked that the Egyptian government restore the Internet, which it did last Wednesday. (Photo Courtesy of CNN/Getty Images).
A protester's sign asked that the Egyptian government restore the Internet, which it did last Wednesday. (Photo Courtesy of CNN/Getty Images).

CAIRO, Egypt – On January 28, a week into Egypt’s ongoing protests, President Hosni Mubarak’s government ordered Internet service providers to sever all forms of communication, including Internet access, mobile networks and SMS. Though the Internet was restored as of last Wednesday, the blackout marked an unprecedented Internet milestone.

Egypt’s economy and society rely heavily on the Internet. A think-tank based in Paris, the Organization for Economic Cooperation and Development, estimated that the Internet blackout cost Egypt’s economy about ninety million dollars.

More concerning, however, is the notion that a country as technologically advanced as Egypt was able to shut down all communications as quickly as it did. James Cowie, co-founder and chief technology officer of Renesys, an IT company in New Hampshire, told the Los Angeles Times, “Over a period of about 20 minutes, it’s as if each of the primary service providers started pulling the routes that lead to them. It wasn’t like a simultaneous withdrawal.

“There are private companies of varying sizes that own and operate their own infrastructure. But it seems they got a call so they turned it off,” Cowie said.

“What we are seeing in Egypt is a frightening example of how the power of technology can be abused,” said Timothy Karr, a campaign director for Free Press, an advocacy organization, said.

Such swift action brings to mind oppressive regimes such as that of North Korea, which forbids its citizens from accessing the Internet at all.

Even during the recent uprising in Tunisia, only specific services and websites were blocked.

And it seems that the United States aided with the shutdown. According to an article by Karr, a U.S. company based in Sunnyvale, Calif., Boeing-owned Narus, sold Telecom Egypt “real-time traffic intelligence” equipment, which may have been used by Mubarak’s regime to sever all communications. The equipment is more commonly known as Deep Packet Inspection (DPI), technology that allows network managers to track content from users of the Internet and mobile phones.

Most disturbing about DPI technology, according to Karr, is that “[c]ommercial operators trafficking in Deep Packet Inspection technology to violation Internet users’ privacy is bad enough; in government hands, that same invasion of privacy can quickly lead to stark human rights violations.”

For more information, please see:

Arutz Sheva – Egypt’s Internet Crackdown ‘Had US Help’ – 6 February 2011

Information Week – Egypt Takes $90 Million Hit From Internet Blackout – 3 February 2011

Los Angeles Times – Egypt may have turned off the Internet one phone call at a time – 29 January 2011

Huffington Post – One U.S. Corporation’s Role in Egypt’s Brutal Crackdown – 28 January 2011

Telegraph – How Egypt shut down the internet – 28 January 2011

Post-Referendum Implications a Concern for Sudan

By Laura Hirahara
Impunity Watch Reporter, Africa

South Sudanese In Line To Vote (Photo courtesy of Mohamed Messara/EPA)
South Sudanese in Line to Vote (Photo courtesy of Mohamed Messara/EPA)

KHARTOUM, Sudan- In a matter of days the results of Sudan’s referendum vote to decide whether South Sudan should be independent of North Sudan will be announced.  With preliminary polls showing an almost unanimous vote from the South Sudanese in favor of succession it is expected that the referendum will pass. Following the relatively peaceful voting process, questions now loom as to whether the North and South will be able to transition peacefully and negotiate bilateral resource sharing agreements until South Sudan is truly independent.

Even before Sudan gained independence from British colonial powers and Egyptian rule it was embroiled in civil war.  Fighting between the North and South regions persisted for decades, lasting from 1955-1972 and again from 1983-2005.  Finally, in 2005 a Comprehensive Peace Agreement (CPA) was brokered between the North and South which created an interim government with an option to extend the CPA in six years or vote for succession.  Within a few years of the CPA, it became clear to leaders in both the North and South that neither would be willing to agree to the CPA long-term, prompting the vote.

Since the vote and the expectation that South Sudan will become an independent nation, concerns are growing over issues of citizenship, boundary demarcations, oil resources and how South Sudan will function as a government.  One of the more immediate problems facing the split between the two regions is that fact that tens of thousands of South Sudanese are currently living and working in the North.  Many occupy civil servant positions, working in several capacities including law enforcement.  Some expect the North Sudan government in Khartoum, led by Omar al-Bashir, to simply revoke the Sudanese citizenship of all South Sudanese living in the North which could create conflict as thousands of people are displaced.  The CPA, which would provide a roadmap in the coming years for agreements between the two countries, has no provisions for such citizenship issues.

Causing unrest for the international community is how both regions will handle their oil concerns and interact with one another in splitting natural resources .  Since the U.S. sanctioned Bashir’s government in the North, Asian countries have been the primary investors and buyers of Sudanese oil.  U.S. President Barack Obama has pledged to lift the sanction aimed primarily at the North if Bashir follows the steps outlined in the CPA.  This could open the region to Western investment and oil exportation, something it has not seen in years.

Additionally, the business of transporting and refining oil between the North and South has become increasingly complex.  Approximately sixty percent of the oil wells are in South Sudan but all the pipes run into the North and the South currently depends on the North to refine and sell its oil.  Adding to this, there is also no consensus on whether the oil rich state of Abyei, which straddles the contested border between the two regions, will become part of North or South Sudan.  In order to gain oil independence, South Sudan has plans to build a pipeline to Kenya which would allow it to export its oil independent of the North but a plan like that will take years to complete.  With oil being the primary source of revenue for Sudan, it is doubtful that the North will be willing to give up its interest in Southern oil.  Both countries will need to focus on peaceful negotiations that allow for resource sharing.

Focusing solely on South Sudan, many wonder if a new government in the region will be able to meet the needs of a country.  Until now, the South Sudan People’s Liberation Movement (SPLM) has operated as a resistence movement seeking to protect and promote minority rights.  The ethnic and religious diversity of South Sudan’s population has made it the target of the North, which routinely excluded minority concerns.  While a vote to split from the North would end this, some fear that infighting and the inability to act as a government will plague the South.  The South will need to focus on infrastructure, social services and providing proper diplomacy and foreign policy to guide its new government.

While the split seems like the next natural step for Sudan it also shows the implications of a history of human rights abuses and civil war.  Co-founder of Global Brief and the Head of the Counsel Assistance Unit of the ICC Sam Sasan Shoamanesh, writing for The Huffington Post, stated

Anyway you ‘cut’ it, the Sudanese story is a continuing tragedy, and a ‘yes’ vote is yet another example of the scars created by the nation’s war torn and tortured modern history. What is incontestable is that the people of Sudan of all ethnic and religious stripes deserve a more dignified existence, nestled in the security and promise of peace and prosperity. If at this stage, secession is the only means of realizing these necessities, then it is perhaps a mal nécessaire, which history will have to accept.

For more information, please see;

The Huffington PostSudan; A Tragedy Any Way You ‘Cut’ It– 4 Feb., 2011

The Namibian Sudan: Post-Referendum Issues and Implications for Africa– 25 Jan., 2011

Business Monitor InternationalSouth Sudan Referendum: Oil Industry Implications– 19 Jan., 2011

UPDATE: Anti-Government Protests Continue throughout Egypt

By Daniel M. Austin
Impunity Watch Reporter, Africa

Egyptian Protesters in Tahrir Square. (Photo Courtesy of The Guardian).
Egyptian Protesters in Tahrir Square. (Photo Courtesy of The Guardian).

CAIRO, Egypt -On Friday, February 4, hundreds of thousands of people streamed into Tahrir Square to protest against Egyptian President Hosni Mobarak. The Friday protest, billed as “Departure Friday” follows two days of bloody clashes between anti-government demonstrators and pro-government supporters. The violence has left dozens of people killed and hundreds more injured. As President Mobarak clings to power, the international community is contemplating what to do next.

The Friday protest marks the 11th day of demonstrations and many in Tahrir Square do not plan on leaving until President Mobarak is removed from office.  Organizers of the protest were hoping to turn out one million demonstrators but initial estimates are closer to two hundred thousand.  Reports from Tahrir Square claim the atmosphere is festive, with less violence than has been seen in the past couple of days. The composition of the protesters cuts across social, economic, and religious lines. There is a mix of upper and middle class Egyptians as well as people with more moderate means. Additionally, the protesters include both Muslims and Christians.

The 11 days of protest have seen a mix of peaceful demonstrations as well as bloody clashes between anti-government supporters and Mobarak sympathizers. One reason for Friday’s calm atmosphere in Tahrir Square is due to the Egyptian army’s renewed presence. The army, which initially asserted itself during the first few days of the protest, then fell back as the pro and anti government factions clashed, has once again reasserted itself creating a security perimeter around the square. The army’s security barrier has helped to limit clashes between the opposing parties and create a more organized and safer environment.

Although Tahrir Square, also known as Liberation Square, has been the focus of intense media coverage, other acts of civil disobedience and protest have taken place in cities through Egypt including Giza and Alexandria.

Estimates vary widely on the number of people injured and killed since the demonstrations began. Anti-government protesters wounded in the clashes have received  medical treatment from both the Egyptian military as well as make shift hospitals that have sprung up in mosques around Tahrir Square. The Egyptian health minister claims that eight people have been killed and over eight hundred others have been wounded. On the other hand, the United Nations estimates that more than 300 people have been killed throughout Egypt while 4,000 people have been injured since the protests began on January 25.

INTERNATIONAL RESPONSE 

The response from the International community to this crisis has been restrained. The United States, Spain, France, Italy, Germany and England have expressed concern for the safety of protesters while at the same time calling on the Egyptian government to make necessary reforms. Unfortunately, difficult questions about how quickly President Mubarak should leave office and who should step into his position still remain. Several days ago, President Mubarak claimed he would not seek re-election in September of 2011; however this concession has not appeased the protesters who are looking for him to leave office immediately.

 As the situation in Egypt has become more intense, the international community has become more forceful with its words. The United States, who initially claimed support for President Mubarak, has been working hard to get out in front of this crisis. President Obama has recently made statements calling for political reforms to take place “now”, but he has been careful not to call for President Mubarak to step down immediately. Similar sentiments have been echoed by the leaders of other nations, including several European countries that sent a letter to the Egyptian President asking him to create a transitional government.

Furthermore, news outlets are reporting the United States is trying to broker a deal where President Mubarak will step down and his Vice President Omar Suleiman would assume power. The plan would call for Vice President Suleiman along with Egypt’s military leadership to form a transitional government until elections can be held. Conversely, other media outlets claim that the United States has already offered this suggestion and it has been rebuffed by the Egyptian President. Questions remain about whether Mr. Suleiman or the Egyptian military would want to break away from President Mubarak. The ties between the Egyptian President, his leadership team, and the Egyptian military continue to be tested. These ties will become further restrained as the protesters in Tahrir Square plan a march on the presidential palace.

For more information, please see:

Al Jazeera – Egypt Holds ‘Day of Departure’– 4 February 2011

All Africa – Clashes Rock Cairo as Pro-Mubarak Supports Hit Back – 3 February 2011

BBC – ‘Day of departure’ rally in Egypt—4 February 2011

New York Times — White House and Egypt Discuss Plan for Mubarak’s Exit – 4 February 2011

Reuters — Egyptians rally for Mubarak to go now – 4 February 2011

The Guardian — US hatches Mubarak exit strategy as Egypt death toll mounts – 4 February 2011