Africa

Rwandan Opposition Leader Arrested

By Daniel M. Austin
Impunity Watch Reporter, Africa

Rwandan Opposition Leader Victoire Ingabire (Photo Courtsey of Africanews.com
Rwandan Opposition Leader Victoire Ingabire. (Photo Courtesy of Africanews.com).

Kigali, Rwanda- One of Rwanda’s most prominent opposition leaders, Victoire Ingabire, was arrested on Thursday, October 14 after being accused of ties to a terrorist organization. Ms. Ingabire was arrested at her home and brought to a police station in Kigali. She was implicated by Major Vital Uwumuremyi after he was questioned by Rwandan authorities.

Major Uwumuremyi is a former rebel commander of  Democratic Forces for the Liberation of Rwanda (FDLR). He was arrested while trying to cross the border from Rwanda into Democratic Republic of the Congo (DR Congo) with false identification papers. Major Uwumuremyi is facing charges of buying and distributing firearms and ammunition to a terrorist organization as well as threatening national security and order.

In January 2010, Ms. Ingabire returned to Rwanda after 16 years in exile. She had intended to run for president, challenging current president Paul Kagame, an ethnic Tutsi. However, she was barred from running in the August  election. Along with her presidential aspirations, Ms. Ingabire is the leader of the FDU(United Democratic Forces)-Inkingi party, an opposition group made up of ethnic Hutu’s. During the Rwandan genocide, a conflict between Hutus and Tutsis, an estimated 800,000 people were killed, mostly ethnic Tutsis.

Ms. Ingabire was also arrested in April 2010 after she was accused of associating with a terrorist organization.  Additionally, she was accused of  making comments denying that the Rwandan genocide occurred. She was arrested under the country’s “genocide ideology” statutes which make it a crime to disagree with the official history of the Rwandan genocide. She was also charged with promoting genocide ideology and division.

After Ms. Ingabire was release in April, she was ordered not to travel outside the capital in anticipation of a trial, and Rwandan police continued to investigate her activities.

According to human rights groups. allegations of collaborating with terrorist organizations has been a threat used by the Rwandan government to silence opposition. This notion is further substantiated by a press release from Human Rights Watch on Friday, October 15 urging the Rwandan government to respect the rights of opposition parties and ensure that opposition leaders, like Ms. Ingabire, are treated fairly.

For more information, please see:
AFP — Rwandan police probe after opposition arrest – 15 October 2010.

BBC Africa — Rwandan opposition leader Victoire Ingabire arrested – 14 October 2010.

Human Rights Watch — Rwanda: Protect Rights and Safety of Opposition Leaders –15 October 2010.

Reuters Africa — Rwanda arrests opposition leader, rebel fugitive – 14 October 2010.

San Francisco Bay View — Rwandan opposition leader Victoire Ingabire arrested – 14 October 2010.


Congolese Warlord’s Trial to Resume

By Daniel M. Austin
Impunity Watch Reporter, Africa

Congolese Warlord Thomas Lubanga (Photo courtesy of  All Africa)
Congolese Warlord Thomas Lubanga. (Photo courtesy of All Africa).

THE HAGUE, Netherlands-The International Criminal Court (ICC) ruled that Mr. Thomas Lubanga, the rebel warlord from the Democratic Republic of the Congo (DRC), will remain in custody after his trial was suspended for prosecutorial misconduct. The decision delivered October 8, by the ICC’s Appeals Chamber’s President Sang-Hyun Song, overturned a lower court’s ruling that called for ending Mr. Lubanga’s trial and releasing him.  Mr. Lubanga is on trial for war crimes, which included enlisting child soldiers under the age of 15 to fight for his militia.

This is the first case tried under the ICC’s specially designated war crimes court. However, the trial has been wrought with problems since beginning in January 2009 including issues with witness testimony as well as charges of prosecutorial misconduct. The conduct of the chief prosecutor, Luis Moreno-Ocampo, was the foundation for the recent Appeal Chamber’s ruling.

Thomas Lubanga stands accused of leading the Union of Congolese Patriots (UCP) – a rebel group that has fought for control of the resource-rich Ituri region, which is located in eastern DRC. The fighting, which occurred between September 2002 and August 2003, transformed a land dispute into an ethnic war between members of the Hema and Lendu tribes. It is estimated that as many as 50,000 people were killed during this war and several hundred thousand more were left homeless.

Mr. Lubanga’s trial was suspended on July 8, 2010 because of accusations the prosecutor had disobeyed court orders and did not follow court procedures. In particular, Mr. Moreno – Ocampor did not release the name of an investigator who worked for the prosecution as an intermediary tasked with finding witnesses for the trial. This individual has been identified as “intermediary 143”. The prosecution insisted that if the intermediary’s name was released before adequate safety protection was in place, he could be harmed.  The prosecution has subsequently released the name of the intermediary.

The Appeals Chamber found the actions of the prosecution intrusive to the powers of the judiciary but did not find the conduct so severe that the trial could not continue. Furthermore, the Appeals Chamber ruled that the trial court should have used more appropriate measures to deal with this prosecutorial misconduct.  In their ruling, the trial court should have given the prosecution time to comply with their court order before suspending the proceedings.

For more information, please see:

Al-Jazeera — DR Congo warlord’s trial to restart — 8 October 2010.

All Africa   — The Appeals Chamber Reversed the Decisions to Stay Proceedings and to Release Thomas Lubanga Dyilo — 8 October 2010.

BBC Africa — Thomas Lubanga: ICC trial of DR Congo warlord to resume — 8 October 2010.

Reuters Africa – War crimes court to rule on warlord’s release — 8 October 2010.

AU Peacekeepers Gaining on Somali Insurgents

By Daniel M. Austin
Impunity Watch Reporter, Africa

 

African Union Troops on Patrol in Mogadishu. (Photo Courtesy of AFP).
African Union Troops on Patrol in Mogadishu. (Photo Courtesy of AFP).

 

MOGADISHU, Somalia-African Union (AU) peacekeepers are claiming to have 40% of Mogadishu under their control and predict that upwards of 50% of the city will be under their authority by the end of October. Prior to this offensive, the AU troops controlled small pockets of the city, including its port, presidential palace, and airport. As part of their goal, peacekeepers are looking to push the insurgents out of the city.

According to the AU envoy to Somalia, Wafula Wamunyinyi, areas under the peacekeepers control are characterized as relatively calm, where residents can move unrestrained; however, insurgent attacks are still possible.

The peacekeeping force in Somalia, comprised of at least 6,000 soldiers, mostly from Uganda and Burundi, have been battling Islamist rebels from al-Shabab. Al-Shabab is an insurgent group that has been locked in a deadly campaign with the interim Somali government since 2007. Al-Shabab is made up of local militiamen as well as a significant contingent of foreign jihadists.

This current military offensive is impacting both leadership within Al-Shabab and the Somali militiamen who have been fighting alongside them. There have been claims this offensive has lead to conflict over command structure within al-Shabab and the role foreign jihadists will play in this fight. Additionally, Somali militiamen have been backing away from al-Shabab’s leader, Ahmed Godane.

Politicians, seeing the recent positive gains made by AU peacekeepers throughout Africa, are calling on other nations to support this campaign by pledging soldiers, equipment, and money.  Some countries have already responded with Burundi sending an additional 1,000 soldiers and Guinea pledging 2,000 troops.

Echoing the support of African nations, the European Union (EU) has remained a staunch supporter of Somalia. The EU is the largest donor to Somalia and has remained committed to the development and reconstruction of the east African nation.

Although some nations around the world have responded with the commitment to send troops, other countries have flatly rejected sending soldiers to Somalia. Going against international pressure, the South African government has so far refused to send any additional troops to the war torn region.

Somalia has been plagued by violence and strife since President Siad Barre was removed from power in 1991.

For more information, please see:

BBC Africa — Somalia’s AU peace force ‘gains ground in Mogadishu’ — 7 October 2010.

Bloomberg — African Union Troops Aiming to Expand Their Presence in Somalia’s Capital — 7 October 2010.

Reuters Africa — AU peacekeepers gaining ground in Somali capital — 7 October 2010.

The East African — South Africa declines to send Soldiers to Somalia — 7 October 2010

 

Leader presumed responsible for mass rapes in DR Congo is arrested

By Polly Johnson
Impunity Watch Reporter, Africa

UN Special Representative Margot Wallstrom hopes that the arrest will begin the process of justice (Photo Courtesy of AFP).

NORTH KIVU, Democratic Republic of Congo – A Democratic Republic of Congo (DRC) rebel commander suspected of leading the attacks in July and August that resulted in hundreds of rapes has been arrested, according to UN peacekeepers and the army in DRC.

Lieutenant Colonel Mayele of the Mai Mai Cheka rebel group was captured in a joint operation in the North Kivu province and turned over on Tuesday to UN peacekeepers and the Congolese army in Walikale, eastern Congo. He is in detention in Goma, and a case has been opened up.

A spokesman for DRC’s Mai Mai militias, said, “We gave Mayele to the UN so that he can be investigated by the international criminal court for his actions against the local population.”

The arrest came during a visit to DRC by UN Special Representative on Sexual Violence Margot Wallström, who has called DRC the rape capital of the world.

Between three and five hundred people are thought to have been raped during the wave of attacks that took place between July 30 and August 2 by two hundred members of three armed groups. The known victims include two hundred and thirty-five women, fifty-two girls, thirteen men, and three boys. At least nine hundred and twenty-three houses and forty-two shops were looted.

“It is a victory for justice, especially for the many women who have suffered rapes and other forms of sexual violence. The numerous criminal acts committed under ‘Lt. Col.’ Mayele’s command cannot be undone,” Wallström said. “Let his apprehension be a signal to all perpetrators of sexual violence that impunity for these types of crimes is not accepted and that justice will prevail.”

Victims of the attack said in interviews that they believed the purpose of the attacks was to intimidate local people seen by the rebels as government supporters. A doctor, Cris Baguma, visited rape victims in their villages, learning that the rebels had come in peace and only began the rapes after being given food by the villagers.

“Men saw how they raped their wives, sons saw how they raped their mothers. Everyone in these villages is now very withdrawn and cold and in need of psychological assistance,” Baguma said.

“It is crucial that the victims of the rapes in Walikale and in so many other places in the DRC see justice done,” said Wallström. “I call on the Government to ensure a swift, rigorous and open process of justice.”

For more information, please see:

Al Jazeera – Arrest in DR Congo over mass rape – 6 October 2010

BBC – DR Congo rebel leader arrested over mass rapes – 6 October 2010

Guardian – Militia commander Mayele arrested after mass rape of Congo villagers – 6 October 2010

UN News Centre – DR Congo: UN helps seize rebel leader presumed responsible for mass rape – 5 October 2010

South Africa’s Media Bill Debate

By Laura Hirahara
Impunity Watch Reporter, Africa

South Africas President jaboc Zuma heavily supports the media bill; Photo courtesy The First Post UK

JOHANNESBURG, South Africa- South Africa’s Protection of Information bill, currently in front of the African National Congress (ANC), is being attacked by many in the media as a constraint on the rights of the press.  The bill would allow the government to imprison journalists for anywhere between 3 and 25 years for disclosing information considered in the “national interest”.  Critics claim the ANC’s definition of “national interest” is too broad since it includes “all matters relating to the advancement of the public good [and] the survival and security of the state.”  The ANC claims it is simply trying to protect the government by curtailing sensationalism in the media.  However, many fighting the bill believe it is trying to prevent any unflattering news about the government from being published.
Anton Harber, a former editor who heads the journalism department at the University of the Witwatersrand, acknowledged there has been inaccuracy and dishonesty in South Africa’s media, stating “Has there been a reluctance to apologize timeously [sic] and appropriately? No doubt.”  Harber also stated there was a push amongst the editors in the industry to work together to end these problems with their reporters but the ACN’s bill had forced the media to close ranks and fight what they see as an attack on their fundamental freedoms.
Helen Zillie, a former reporter turned ACN opposition leader, says the restrictions posed by this new bill are worse than the apartheid measures she encountered while still a journalist.  During her time as a reporter in the 1970’s, she was found guilty of “tendentious” reporting for publishing a story that Black Consciousness leader Steve Biko had not died of a hunger strike while in custody, later proven to be true.  Groups and individuals like Zillie outside of the press have joined in their protests, forming large coalitions speaking out against the bill.  The South African National Editors Forum (Sanef) has enlisted almost 200 different civil organizations and individuals to join in a week of protests against the bill set to start today.  In a statement released Thursday, a dozen journalism schools in South Africa said, “[c]ritique can only bear fruit in an environment that allows for unhindered investigation, the gathering of sound empirical evidence and the free exchange of ideas.”

For more information, please see;

UPIS. African Reporters Protest Media Tribunal– 18 Sept. 2010

AllAfricaSouth Africa: Civil Groups to Protest Media Restrictions– 30 Sept. 2010

NYTProposed Media Law Causes Alarm in South Africa– 22 Sept. 2010