LRA Rebel Commander is “Off the Hook”

By Daniel M. Austin
Impunity Watch Reporter, Africa

KAMPALA, Uganda – Uganda’s highest court has ordered a rebel commander from the Lord’s Resistance Army (LRA), charged with 53 counts of willful murder, should be granted amnesty and released. The high court’s ruling brings an abrupt end to the county’s first war crimes trial and is a significant blow to prosecutors trying to bring charges against the LRA’s leadership.

Lord’s Resistance Army Commander Thomas Kwoyelo (Photo Courtesy of usaforicc.org)
Lord’s Resistance Army Commander Thomas Kwoyelo (Photo Courtesy of usaforicc.org)

Uganda’s Constitutional Court has ruled that Thomas Kwoyelo , a former colonel in the Lord’s Resistance Army, is eligible for immunity even though he has been charged with 53 counts of murder against civilians, kidnapping, hostage taking, robbery, and destruction of personal property.  The charges stem from Mr. Kwoyelo’s participation in the LRA during the 20 year war in northern Uganda.  Mr. Kwoyelo, now 39, joined the LRA in 1987, and has been accused of leading raids against several villages in northern Uganda resulting in the deaths and abductions of numerous civilians between 1992 and 2005.

Mr. Kwoyelo has denied all of the charges and petitioned the Constitutional Court for amnesty. According to AFP, in reacting to the verdict granting his client amnesty, Mr. Kwoyelo’s defense attorney, Ben Ikilai said: “He is off the hook… The constitutional court has decided that he is supposed to be released because it was discriminatory not to grant him amnesty.” Mr. Ikilai went on to add that his client is anticipating an appeal from the prosecution and they will be prepared for it.

Thursday’s decision is based on an amnesty law that was enacted in 2000 and has already been used to pardon more than 10,000 LRA fighters.  Under the law, fighters who surrender and come back to Uganda peacefully will not be prosecuted for crimes they committed during the war.

According to the Ugandan government, Mr. Kwoyelo was taken into custody in March 2009 in Garamba forest in the Democratic Republic of Congo. He was arrested during a raid by regional forces against the LRA rebels who had left Northern Uganda two years earlier.  When he was capture, Mr. Kwoyelo was the fourth highest ranking official in the Lord Resistance Army.

Some of the LRA’s top commanders, including Joseph Kony, have escaped capture and continue to commit atrocities in neighboring countries.  Most recently, in July 2011, the LRA is suspected of killing 26 civilians and kidnapping 21 people, including 10 children in 53 different village raids in the Democratic Republic of Congo. Individually, Mr. Kory has been indicted by the International Criminal Court in The Hague for war crimes and faces a number of other charges including rape, murder, mutilation, and recruitment of child soldiers.

For more information, please see:

AFP — Uganda orders amnesty for LRA rebel commander – 22 September 2011

All Africa — Uganda: LRA’s Kwoyelo Ruling for Thursday – 21 September 2011

Amnesty International – Uganda’s amnesty for LRA commander a ‘setback’ for justice – 23 September 2011

Radio Netherlands Worldwide — Ugandan grants LRA rebel amnesty – 23 September 2011

UPI — LRA leader freed in Uganda –23 September 2011

Ceasefire in Yemen Proves Futile to Curb Bloodshed

By Zach Waksman
Impunity Watch Reporter, Middle East

SANA’A, Yemen – Tuesday’s ceasefire announced between government forces and a revolutionary group headed by a military leader who defected to protect protesters against the Yemeni regime has been shaky at best.  From September 18-21, security forces killed at least 77 activists in Sana’a, the capital, and wounded hundreds more.  At least seven more people died as a result of sniper fire on Thursday. The ceasefire, announced by Vice President Abed Rabbo Mansour al-Hadi Tuesday evening, has not been as effective as expected.  Shortly after the announcement, explosions were heard across Sana’a. 

Protesters in Taiz advance on a human barrier formed by Yemeni security forces. (Photo courtesy of Yemen Times)
Protesters in Taiz advance on a human barrier formed by Yemeni security forces. (Photo courtesy of Yemen Times)

This new round of violence comes less than a week after President Ali Abdullah Saleh gave Hadi permission to negotiate a proposed deal backed by the United States and European Union.  If signed, Saleh would step down from his position in exchange for immunity from prosecution for himself and his family.  But since that authorization was granted, negotiations for that agreement have not proceeded as quickly has hoped because of the conflict.

The proposed agreement has not been viewed favorably by the Joint Meetings Parties (JMP), one of the opposition groups.  For such negotiations to take place, it felt that either Saleh or Hadi would have to sign a power transfer document.

“They have to say that we accept the initiative,” said JMP leader Yassin Saeed Noman, in reference to the agreement. “Then we can talk about the implementing mechanisms.”

Last week, the United Nations Office of the High Commissioner for Human Rights, issued a report on the situation in Yemen.  It noted that Yemen’s authorities “appeared to have lost effective control of parts of the country and within the major cities” and warned that Yemen was confronted by the prospect of civil war.

Human Rights Watch, which has closely followed the recent attacks, considered the security forces’ efforts disproportionate to the protesters’ actions.  For instance, a September 18 protest had thousands of activists chanting, among other things, “This is a peaceful march.”  Security forces responded by firing sewage, tear gas, and live ammunition at the dissenters, who responded by throwing rocks.

“These latest killings by Yemeni security forces show exactly why there should be no get-out-of-jail-free card for those responsible,” said Joe Stork, deputy Middle East director at Human Rights Watch. “The Gulf Cooperation Council and other governments involved in negotiating President Saleh’s exit cannot grant immunity for international crimes.”

A September 20 rally in Taiz, in response to the September 18 shootings, was met by a similar show of force.  Eyewitness Anas al-Mashreqi told the Yemen Times about what he saw.

“We were surrounded in a cafeteria and I was scared and expecting to be hit by a stray bullet,” he said.  “I wonder why should a Yemeni kill another Yemeni? Why should the regime insist on crushing the people to stay in power? The ruling party should submit to the will of the people demanding change, a more favorable present and a better future.”

Taiz has been a particularly dangerous location during the months-long conflict.  Residents say that shelling takes place there almost every night.

Sana’a has been repeatedly rocked by shells and mortar fire over the past several days.  Thursday, through SABA, Yemen’s official news agency, the Interior Ministry reported that the rebel forces had been indiscriminately firing mortars in several neighborhoods of the capital. 

“Snipers from the militias loyal the First Armoured Division, Al-Islah Party, and the gangs of Al-Ahmar’s tribesmen have taken position on the rooftops of some business towers in Al-Zubayri Street, from where they are opening fire on citizens and security personnel”, it said in a press release.

There does not seem to be any sign of violence ending anytime soon.  Who to blame for the continued violence is unclear.  A GPC source in Taiz told the Yemen Times, “Whenever there are signs of a breakthrough in the political crisis, the JMP resort to blowing up the situation. The Muslim Brotherhood militias perform armed rallies and blockade streets, break into government offices and plan killing demonstrators themselves and attribute their crimes to the government.” The source affirmed security forces’ commitment to directions by the president and his deputy not to shoot fire no matter what and the necessity for self-restraint.

The JMP views the conflict from the opposite perspective.  “[The Saleh regime doesn’t] want to solve the problem peacefully,” said Noman. “They think they can overcome all others by using weapons. That’s why I think the international community should condemn what is happening.”

So far, efforts to do so have failed.  The High Commissioner has considered setting up an office in Sana’a, which has drawn opposition from Yemen.  A resolution on the situation was expected from the Netherlands at the Human Rights Council meeting later in this week.

For more information, please see:

New York Times — Truce Threatened in Yemen — 22 September 2011

SABA Net — Tribesmen, Rebel Troops Shell Residential Areas in Sana’a — 22 September 2011

Yemen Times — Violence Renewed in Taiz — 22 September 2011

Al Sahwa — Yemen Security Forces Kill 77 Protesters, Wound 780 Others — 21 September 2011

Human Rights Watch — Yemen: Protester Killings Show Perils of Immunity Deal — 20 September 2011

New York Times — Mortars Fall on Yemeni Capital as Battles Continue — 20 September 2011

BBC — Yemen unrest: A deadly game of elite brinkmanship — 19 September 2011

Secret Votes, Bribes, Skimming Public Funds; Corruption Rampant in Brazilian Government Sparking National Protests

by Emilee Gaebler
Impunity Watch Reporter, South America

 BRASÍLIA, Brazil – This past Tuesday morning Brazilian citizens woke up and found the famous Copacabana Beach, in Rio de Janiero, full of brooms.  594 brooms, painted yellow and green, were placed along the beach in the shape of the federal congress building.  Each broom symbolized one of the 81 Senators and 513 Lower House Representatives in Brazil’s government.  The brooms signified the need for Brazil’s government to “clean house” and “sweep out” the existing corruption they are plagued with.

Brooms along the Copacabana Beach in Rio de Janiero.  (Photo Courtesy of MercoPress
Brooms along the Copacabana Beach in Rio de Janiero. (Photo Courtesy of MercoPress)

The protest was put together by a non-governmental organization, Rio for Peace.  “The purpose of our initiative is to make people aware of the extent of rampant corruption and to demand greater transparency in the management of public funds,” said Antonio Carlos Costa, who leads the group.

The group’s expressive protest follows a September 7 March Against Corruption, fittingly organized on Brazilian Independence Day.  In Brasília alone, roughly 25,000 supporters marched down the streets wearing black clothing; face paint, red clown noses and toting posters denouncing corrupt government officials.  The protesters dressed as clowns to contrast with their slogan that corrupt officials are the real clowns. 

Protestors dressed as clowns in the September 7 March Against Corruption.  (Photo Courtesy of BBC News)
Protestors dressed as clowns in the September 7 March Against Corruption. (Photo Courtesy of BBC News)

President Dilma Rousseff took office just 9 months ago in January.  Since then her Chief of Staff as well as the Ministers of Tourism, Agriculture and Transport have been forced to resign. Ex-Chief of Staff, Antonio Palocci resigned when news broke that over the past four years his net worth increased to be 20 times greater than when he took office.  The three Ministers all stepped down amid claims of corruption; accepting bribes and skimming from public funds.  All four deny any wrongdoing.

The acquittal of Federal Deputy Jaqueline Roriz has also garnered intense public scrutiny and outcry.  In a secret vote by Congress, at the end of last month, Roriz was cleared of all charges.  She faced claims of accepting a bribe of $33,000 US in public funds back in 2006.  Roriz was caught on tape accepting the money.  Congress justified their decision with inadequate excuses that at the time she accepted the bribe, Roriz was not yet a federal deputy, she was only a state deputy.

Citizens are doubly upset.  Not only was a clearly corrupt official cleared of responsibility for her wrong-doing but it was done in an unrepresentative secret vote procedure.  This has undoubtedly furthered the culture of political impunity that currently exists.

Brazil’s Bar Association, combining with the Brazilian Press Association and Catholic Bishops’ Conference made calls for more transparency in government spending.  They are also demanding a new “Ficha Limpa” (Clean Criminal Record Law) to keep those with criminal records from running for elective office.  A final objective is to end the secret vote procedures used to protect officials. 

For more information, please see;

The Christian Science Monitor – Brazil Fights Corruption at Home as it Signs Open Government Partnership With the US – 20 September 2011

MercoPress – Hundreds of Brooms in Rio’s Beaches to Protest Brazilian Rampant Corruption – 20 September 2011

The Rio Times – Brazilians Protest and March Against Corruption – 13 September 2011

BBC News – Brazilians Rally Against Corruption – 7 September 2011

The Christian Science Monitor – Brazilians March Against Corruption to Mark Independence Day – 7 September 2011

BBC News – Brazil Corruption: President Loses Fourth Minister – 17 August 2011

BBC News – Brazil’s Chief Minister Antonio Palocci Resigns – 7 June 2011

Israel Prepares for Uprisings as Palestinians Move Forward on Statehood Bid

By Tyler Yates
Impunity Watch Reporter, Middle East

TEL AVIV, Israel — Reports indicate Israel is preparing for massive demonstrations, riots, and shootings by the Palestinians in late September, when the United Nations (UN) is expected to vote on Palestinian statehood.

A Palestinian boy at a rally in support of an independent Palestine (Photo courtesy of The Guardian).
A Palestinian boy at a rally in support of an independent Palestine (Photo courtesy of The Guardian).

There is no concrete evidence of any such plans by Israel’s Palestinian population to start any such violent uprisings, but this has not stopped speculation from Israel that such actions are coming.

Israel has maintained the position that it only wants peace, but in the last few weeks, since it became clear of the Palestinian’s intentions to seek statehood from the UN, there have been signs that it is preparing for an uprising.  Importing horses from Belgium, amassing tear gas, and organizing militias with trained dogs in the West Bank settlements have been the Israeli response to the Palestinian’s decision to take matters up with the UN.

Avigdor Lieberman, Israel’s far right foreign minister has said that the Palestinians were preparing for “bloodshed the likes of which we’ve never seen before.”

Leaked Israeli Defense Force documents reveal expectations that what will start as peaceful protests will become “mass disorder.” They say protests may include “marches towards mass junctions, Israeli communities, and education centres; efforts at damaging symbols of [Israeli] government.  Also there may be more extreme cases like shooting from within the demonstrations or even terrorist incidents.  In all scenarios, there is readiness to deal with incidents near the fences and the borders of the state of Israel.”

Palestinian President Mahmoud Abbas has said that the Palestinians are not preparing for war with Israel, but are instead trying to move forward towards their freedom with the multilateral assistance of the UN.  “We don’t want to delegitimize Israel.  We want to legitimize ourselves,” he said.

Abbas has called for peaceful demonstrations in September to coincide with the Palestinian’s petition for statehood.  “I insist on popular resistance and I insist that it be unarmed popular resistance so that nobody misunderstands us,” he told the Palestinian Liberation Organization’s central committee.

Hagit Ofran, of Peace Now, an Israeli organization that monitors settlement activity, has expressed concerns about the IDF’s handling of peaceful protests.  “We hope the army is making clear that non-violent protest is legitimate and no settlers should use any violence against unarmed demonstrators.”

The Palestinian leadership is expected to present their petition for admission to the UN during the general assembly meeting that is currently ongoing.   Membership to the UN requires Security Council approval, which the U.S. is expected to veto.

It is thus expected that the Palestinians will request an enhanced “non-member state” status, which needs a two-thirds majority in the general assembly.  They expect to have a majority by the time of the vote.

For more information, please see:

AFP — UN braces for Palestinian member state bid — 22 Sept. 2011

ABC News — Palestinian Statehood Bid Draws Thousands to West Bank Rally — 21 Sept. 2011

Salon — Defending Jim Crow in Palestine — 21 Sept. 2011

The Guardian — Israeli military arms settlers in preparation for Palestinian protests — 30 Aug. 2011

Ma’an News Agency  — Israel police ‘import horses’ to confront protesters — 10 Aug. 2011

Haaretz — Israel Police prep for riots when UN mulls Palestinian independence — 14 June 2011

Ugandan Writer Detained for Writing Book Opposing President

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KAMPALA, Uganda – On Saturday, 17 September, Ugandan security operatives arrested Vincent Nzaramba., author of People Power — Battle the Night General.  Since his arrest, police have held Nzaramba incommunicado.  The Ugandan police suspect this book criticizes the longstanding President Yoweri Museveni and his party along with predicting the removal of Museveni by a popular uprising.  Police officer Ronald Ogen stated they arrested Nzaramba because they fear the book will incite the public.

Grace Nzaramba with a copy of her husbands book.  (Photo Courtesy of Daily Monitor)
Grace Nzaramba with a copy of her husband's book. (Photo Courtesy of Daily Monitor)

Uganda’s constitution limits the police to hold a person for no more than 48 hours, but Ogen said there are exceptions to the rule.  Nzaramba currently remains in detention.  Gloria, Nzaramba’s wife, stated the police confiscated his laptop and about 200 copies of the book when they arrested Nzaramba.  Although Nazaramba has not released his book to the public when the police confiscated all the copies, Twitter posted sections of the book.

On Tuesday after she initiated a public campaign for his release, Gloria visited Nzaramba at his detention cell at the Rapid Response Unit (“RRU”) in Kampala.  She stated “I spoke to him today but he’s badly beaten and he said he no longer feels safe at RRU and will not eat until they release him or take him to court.”

Police spokesperson Judith Nabakooba said, “We have him and we are investigating him for inciting violence.  Our investigators are analysing the content of the publication and we will be advised on other charges.”  Although she did not provide a reason for Nzaramba’s detention, she submitted a file to the Director of Public Prosecutions.  She also did not respond to the torture allegations someone via text message asked about.  Rights groups such as the government-funded Uganda Human Rights Commission have accused the RRU of torturing detainees in order to extract confessions.

Uganda elected Museveni into power in 1986.  However, several of the anti-government protests in sub-Saharan Africa targeted Museveni.  Since February, Nzaramba has been a candidate for the general elections under the ruling party.

Last October, the government seized 500 copies critical of Museveni written by the sister of Museveni’s political opponent.  In April, Ugandans protested the rise of cost of living prices.  During these protests, at least ten people died, and the police arrested hundreds of others in their efforts to crackdown on the protests.  The protests took place just two months after Museveni’s reelection with 68% of the vote.

Nzaramba’s book outlines three options for Ugandans to remove Museveni: “With the blocked constitutional means of transfer of power, Uganda is likely to experience a coup d’etat, a civil war or a non-violent revolution.”  The book specifies that the social change could come “any time from today.”

For further information, please see:
Daily MonitorWriter Arrested Over Anti-Museveni Book21 September 2011
IOL NewsAuthor Arrested by Ugandan Police21 September 2011
Reuters AfricaUganda Detains Author of Book Critical of Museveni20 September 2011
Washington Post – Uganda Police Arrest Writer; Wife Says He Criticized Longtime President in New Book20 September 2011