The Courage To Admit A Mistake

May 14, 2011

By Jennifer Trahan

New York, N.Y.—Richard Goldstone, chairman of the Goldstone Commission that investigated crimes committed in Gaza during 2008-09 recently made a courageous and no doubt difficult decision—to recant part of the so-called Goldstone Commission report. It is important to understand the implications of this new development—which does not completely exonerate Israel forces, and does not at all exonerate crimes committed by Hamas.

Goldstone was originally offered a mandate by the U.N. Human Rights Council to only investigate Israeli crimes committed during the Gaza incursion. Goldstone, however, appropriately insisted on investigating crimes committed by both sides. This he and other members of the Commission did. Yet, Israel—not persuaded of the good faith of the Council’s inquiry (as suggested by the one-sided original mandate)—chose not to cooperate with the commission. This lead Goldstone and other team members to conduct essentially a battle-damage assessment where they examined targets struck by Israeli forces in Gaza, targeting by Hamas and interviewed persons in Gaza and elsewhere, but were unable to obtain information as to Israeli targeting decisions.

The problem with such a damage assessment is that when civilians are killed or civilian infrastructure hit, this does not necessarily mean a war crime was committed—because the war crime of intentionally targeting civilians and the war crimes of intentionally targeting civilian objects both require a finding of intent. Thus, for example, when a wedding party was hit in Afghanistan, the public did not assume that U.S. or coalition forces intended to target the wedding party. Similarly, when civilians or civilian objects were hit in Gaza, one cannot necessarily know whether the war crime of intentionally targeting civilians or civilian objects was committed, absent information about the intended target. The one instance where Israeli forces admit intentionally targeting houses for destruction provides a rare admission of such intent. But, as to other incidents, the Goldstone Commission was missing a key part of the puzzle due to Israel’s decision not to talk to the commission.

Admittedly, the Goldstone Commission’s findings that so many civilian structures were hit by Israeli forces tends to suggest that some, or even many, of the incidents could amount to war crimes. But without knowing more, one cannot really be definitive as to which ones were and which ones weren’t. For example, if Israeli forces perceived there to be a rocket launcher placed on a civilian target or mistakenly believed someone to be carrying a rocket launcher, that could warrant taking the strike (assuming proportionate use of force); if the information turns out to have been false no war crimes was committed, because intent was absent. The Commission had an extremely difficult task, and, in retrospect, should not have been as definitive as it was as to its conclusions that both war crimes and crimes against humanity were committed, given the lack of full information available to them.

What is important to remember, however, is that Goldstone has only recanted part of the report: the accusation that Israeli forces intentionally targeted civilians. There is much else in the report that covers destruction of civilian objects and questions the use of certain weapons in a densely populated environment. A report by a New York State Judge Mary McGowan Davis apparently finds that Israel has opened a number of investigations into the conduct of its forces, but as of yet only a few have been diligently concluded. There are also reports that Israel forces have re-examined their conduct and modified some of their procedures. Hamas, on the other hand, responsible for using rockets that were never directed at any particular military target (and thus an indiscriminate weapon), is not known to have conducted any comparable investigations, and continues to use such weapons. Here, actually, one can be more definitive that this constitutes a war crime, because it is impermissible to use a weapon indiscriminately.

We do not know exactly what information Richard Goldstone received that caused him to recant his position, but no doubt it was not a decision taken lightly. It is puzzling that he has received no support from his co-commissioners. What is needed now is to ensure that the remainder of the accusations made in the report and the demand for diligent follow-up investigations and prosecutions are seen to fruition—on both sides.

Jennifer Trahan is the Assistant Clinical Professor of Global Affairs, N.Y.U. Professor Trahan is also the author of two books entitled “Genocide, War Crimes and Crimes Against Humanity” about the case law of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia (Human Rights Watch 2006.

The Relationship Between Responsibility to Protect and the Protection of Civilians in Armed Conflict

May 14, 2011

The Relationship Between POC and R2P- Updated

Nazi guard found guilty of helping to murder thousands of Jews

May 12, 2011

By Polly Johnson
Senior Desk Officer, Europe

MUNICH, Germany – A German court on Thursday convicted and sentenced 91-year old autoworker John Demjanjuk to five years in prison for helping the Nazis murder more than 28,000 Jews at the Sobibor concentration camp during World War II. He was released pending appeal.

Demjanjuk, who is in poor health, showed no emotion when the verdict was announced, said Al Jazeera correspondent Tim Friend. “John Demjanjuk’s health has been questionable during this entire trial. He has spent much of it on a stretcher in court,” Friend said.

Starting in November 2009, the trial lasted eighteen months. Proceedings were limited to two sessions of ninety minutes a day because of Demjanjuk’s health problems, including an incurable bone-marrow disease.

“The court is convinced that the defendant [ . . . ] served as a guard at Sobibor from 27 March 1943 to mid-Septermber 1943,” and “took part in the murder of at least 28,000 people,” said presiding judge Ralph Alt, who noted that Demjanjuk voluntarily took part in the Nazis’ “machinery of destruction.” Approximately 250,000 people died at Sobibor.

Demjanjuk denied the claims against him. His lawyers said they will appeal the conviction.

Ukranian-born Demjanjuk, a former U.S. citizen, was a soldier in the Red Army in 1942 when he was captured by the Germans and recruited to be an SS guard at the death camp. He was deported to Germany in 2009, where he was accused of assisting the Nazis herd Jews to the gas chambers at the camp in Poland.

The prosecution used various documents to prove its case, including an SS identity card indicating Demjanjuk’s association with Sobibor, staff lists, and a memo dated January 1943 that showed Demjanjuk was at Sobibor. The defense argued that most of the documents were forged, a claim Alt said was unlikely.

Demjanjuk’s association with Sobibor during the relevant time period, rather than specific evidence linking him to the murders, was enough to show that he participated in the mass killings, the prosecution argued.

The defense argued that though Demjanjuk was recruited as a camp guard, he was not placed at Sobibor. Demjanjuk said he remained a prisoner of war until 1945, then later moved to the United States, where he started a family and lived in Cleveland.

Demjanjuk’s family said after the verdict that Demjanjuk should not spend any more days in prison. An email signed by Demjanjuk’s son John Demjanjuk Jr., reported by the New York Times, said: “There remains not a scintilla of evidence he ever hurt a single person anywhere. While some may take satisfaction from this event, this verdict is no more definitive today than the wrongful Israeli conviction and death sentence was previously.” Demjanjuk was found guilty in the 1980s in an Israeli court for serving as a guard in another camp, Treblinka. After serving close to eight years in an Israeli prison, five of which were spent on death row, the court overturned the verdict on the grounds of wrongful identification.

However, others, including families of World War II victims, expressed relief at the verdict. Efraim Zuroff, of the Simon Wiesenthal Center, said that the court’s decision “sends a very strong message that even years after the crimes of the Holocaust, perpetrators can be held to account for their misdeeds.”

Rudolf Salmon Cortissos, whose mother was killed in the gas chambers at Sobibor told the Associated Press, “It’s very emotional – it doesn’t happen every day.”

For more information, please see:

Al Jazeera – ‘Nazi guard’ found guilty of murder – 12 May 2011

BBC – John Demjanjuk guilty of Nazi death camp murders – 12 May 2011

Bloomberg – Demjanjuk Convicted of Helping Nazis to Murder Jews During the Holocaust – 12 May 2011

New York Times – Demjanjuk Convicted for Role in Nazi Death Camp – 12 May 2011

Radio Free Europe – Demjanjuk Found Guilty Of Nazi Murders, Released On Grounds Of Age – 12 May 2011

India ‘Honour Killings’: Family Before All

May 12, 2011

David L. Chaplin II
Impunity Watch, Asia

ROHTAK, India – India’s Supreme Court says family members convicted of ‘honour killings’ should face the death penalty, going further than life sentences of old. Honour crimes are perpetrated by families against their very own family. These crimes are committed in the name of honor, pride, and tradition when dealing with marriage outside of one’s caste.

The male, female intermingling and marriage outside of caste and religion remains a taboo, not only for largely rural illiterate populations who have lived under a system of feudalism for centuries, but even for educated, well-off families in urban India.

In traditional Indian societies, women are often regarded as family property. Marriages are carefully arranged by parents and elders and relationships outside of caste are frowned upon.

Many victims incite their families by marrying outside their caste. Often “honour” crimes against them are endorsed, or even encouraged, by village-based caste councils.

A dominate issue remains the proximity to cities and access to education often promoting modern influences, creating a conflict between traditional beliefs and modern aspirations in the minds of the young.

The Supreme Court of India warned senior officials who failed to act against the offenders with threats that they too would be prosecuted. The Court asked state governments to suspend district magistrates and senior police officers for failing to act against these councils.

Despite India’s rapid modernization and growing cosmopolitanism, which has been driven by accelerated economic growth, discrimination against low-caste communities known as Dalits and minority faiths such as Muslims persists in this predominately Hindu country.

“It is time to stamp out these barbaric, feudal practices which are a slur on our nation,” the court said.

India’s media highlighted the case of 22-year-old journalist Nirupama Pathak who allegedly was killed by her mother in their home in the eastern state of Jharkhand, after she was found to be pregnant by her lower caste boyfriend.

Cases of “honour killings” are regularly reported from the neighboring states of Punjab, Haryana and western Uttar Pradesh, but in the capital they are uncommon.

The All-India Democratic Women’s Association (AIDWA) has welcomed the Supreme Court judgment underscoring the gravity, barbaric and feudal nature of killings in the name of ‘honour.’

“The judgment exposes the failure of the government to take appropriate action and bring the perpetrators of such crimes to justice. It has been a long-standing demand of AIDWA that such killings and crimes in the name of ‘honour’ be dealt with by a comprehensive stand-alone legislation,” said AIDWA.

The AIDWA has also demanded that the police be forced by the government to ensure that such crimes are properly investigated and criminals are apprehended.

On Sunday, two widows were bludgeoned to death in a Haryana village by a man who accused them of being in a lesbian relationship.

The 23-year-old killer was the nephew of one of the women. He was on parole, having served a sentence for rape.

He said he had killed the women to protect his “family’s honour”.

Eyewitnesses told police he killed his aunt and the other woman in full view of other villagers, after he accused them of being in a lesbian relationship.

The two bled to death as the villagers watched. Correspondents say such killings have often not been reported or widely discussed in the past because families usually accept the verdicts.

Oppositional voices to the Supreme Court’s decision say that the “[l]aw is for the society and not vice versa. Honour is one of the most important elements for a being,” Om Parkash Dhankar said.

He further stated, “There are adequate provisions of punishment in the Indian judicial system for every kind of crime. Making a separate provision for murder cases is uncalled for.”

He added that in a majority of cases, the family members kill their relatives in a fit of rage. “Even Rama killed Ravana for honour, because he was keeping a bad (an evil) eye on his wife,” he said.

The Justice department vehemently disagrees, stating that “[a]ll persons who are planning to perpetrate ‘honour’ killings should know that the gallows await them,” said Justices Markandeya Katju and Gyan Sudha Mishra.

There are no reliable statistics on the number of “honour killings” in India, but most have reported that for every case that gets recorded, several others go unreported.

For more information, please see:

The Hindu – AIDWA demands law on on ‘honour’ killing – 10 May 2011

Times of India – Honour Killings: Khaps reject SC observations – 11 May 2011

Indian Express – Inter-caste marriages in national interest – 20 April 2011

India Reuters – Supreme Court cracks down on tradition of “honour killings” – 20 April 2011

BBC – Indian ‘honour’ killers should hang, Supreme Court says – 10 May 2011

Peace Negotiations Watch, Volume X, Number 19

May 8, 2011

PEACE NEGOTIATIONS WATCH

Friday, May 6, 2011
Volume X, Number 19

In this issue:

CONFLICT UPDATES

Bosnia
Burma
Cameroon: Southern Cameroons
Democratic Republic of the Congo
Egypt
Kenya
Kosovo
Kyrgyzstan
Libya
Nagorno-Karabakh
Nepal
Philippines
Somaliland
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Uganda
Water Diplomacy
Zimbabwe

Bosnia

Serbia Will Not Meddle in Bosnia Affairs – President
Reuters, April 26, 2011
President Boris Tadic has indicated that Serbia will not interfere in Bosnia’s domestic affairs, even as Bosnian Serbs prepare for a referendum challenging the central government’s judicial branch. Following a meeting with Bosnia’s tripartite presidency moderated by Turkish President Abdullah Gul, Tadic said Serbia could never back a vote that might lead to the division of Bosnia. The Serb chairman of the Bosnian presidency, Nebojsa Radmanovic, blamed war crimes indictments from Serbia and Croatia for the current problems in Bosnia.

Bosnia in Worst Crisis Since War as Serb Leader Calls Referendum
The Guardian, April 28, 2011
Valentin Inzko, the High Representative of the international community in Sarajevo, announced that he would halt the referendum recently called by Bosnian Serb leader Milorad Dodik and approved by the Republika Srpska parliament. Inzko threatened significant sanctions from the European Union (EU) should the vote occur, and further noted that such Serb secessionist policies are creating the worst crisis since the end of the war in 1995. In response, Dodik, the president of Republika Srpska, pledged that the referendum would occur within eight weeks, as scheduled. The referendum will determine whether to reject Bosnia’s state war crimes court and special prosecutor’s office, established in 2005 by international decree.

Burma

Burma Urged to Engage with United States
Times Online, April 25, 2011
On April 25, United States (US) top diplomat for East Asian affairs Kurt Campbell renewed his call on Burmese leaders to improve its human rights record, noting that the efforts made by the US to engage with Burma in the last year and a half have yielded no results. US senior official Joseph Yun added that Burmese leaders should not think that they are better off by not engaging with the US. Meanwhile, the US and the Association of Southeast Asian Nations maintain contradicting positions in regard to whether sanctions against Burma should be lifted.

Burma Leader Enlists Suu Kyi Friend as Adviser
Times Online, April 27, 2011
Burma’s president Thein Sein has appointed U Myint, a friend and former economic adviser of Aung San Suu Kyi, as a member of the new Burmese government’s advisory board. The creation of the board was announced in the Government Gazette on April 19, and it will include advisers in economic, political, and legal affairs. U Myint will head the economic section composed of three civilian academics, and intends to focus on combating rural poverty. The political board members are former military officers and a retired police colonel will run the legal section.

Cameroon: Southern Cameroons

Cameroon Arrests Separatists for Illegal Gathering
Reuters Africa, April 28, 2011
Government officials reportedly arrested fourteen members of the Southern Cameroon National Council (SCNC) for holding an unauthorized meeting to discuss commemorating the fiftieth anniversary of the Cameroon referendum that resulted in denying the South an option to secede. The referendum denying the option to secede effectively united British Cameroons and its French counterpart. Some in the English-speaking territory have since protested that they are marginalized.

Democratic Republic of the Congo

Congo Electoral Commission Says Presidential Elections to be Held November 28
Bloomberg, April 30, 2011
The head of the Democratic Republic of the Congo (DRC) electoral commission announced that presidential and parliamentary elections will be held on November 28, 2011. Contenders are expected to include current President Joseph Kabila and Etienne Tshisekedi, leader of the opposition Union for Democracy and Social Progress Party. Armed conflict is a continuing threat to security in the DRC, and the United Nations peacekeeping mission is working with the DRC police to provide security before and during elections.

Top Rwandan Hutu Rebel Leaders Go on Trial in Germany
Deutsche Welle, May 4, 2011
Two Rwandan Hutu rebel leaders are on trial in Germany for twenty-six counts of crimes against humanity, and thirty-nine counts of war crimes, for crimes subordinates under their command committed since January 2008 in eastern DRC. The suspects, Ignace Murwanashyaka and Straton Musoni, are the director and deputy-director of the Democratic Forces for the Liberation of Rwanda (FDLR) but are alleged to have commanded the militia from Germany, where they have lived in asylum for years. The trials are being held under a German law that allows German courts to prosecute crimes under the jurisdiction of the ICC. The UN and human rights activists have praised Germany’s contribution to combating impunity.

Egypt

Cabinet Says Presidential Powers Will Be Limited
Al Masry Al Youm, April 28, 2011
Deputy Prime Minister Yehia al-Gamal said that the new constitution will seek to establish a parliamentary system, with a strong legislature and limited presidential powers. He added the new system of governance will involve a free-market economy together with state-supported social equality. The government is also working towards disbanding municipal councils.

Egypt’s Military Council to Enact New Political Participation Laws
Ahram Online, April 29, 2011
According to Deputy Prime Minister Yehia El-Gamal, Egypt’s Supreme Council of the Armed Forces will soon ratify legislative amendments allowing for a more transparent and competitive political process. However, the amendments must first be accepted by consensus after open national dialogue. The proposed amendments permit citizens to vote using their identity cards and allow Egyptians living abroad to vote. However, the amendments will not finalize a new electoral system, since Egyptians are still divided on whether to adopt an individual-candidacy or party-based system. Details about the proposed amendments will be revealed next week.

Five Thousand Civilians Tried in Military Courts, Says Human Rights Watch
The Daily News Egypt, April 29, 2011
Human Rights Watch (HRW) reports that the Egyptian military has tried over 5,000 civilians in military courts since February. According to the report, these courts try between five and thirty defendants at a time in trials that last between twenty and forty minutes. HRW urges the Supreme Council of the Armed Forces to discontinue such trials because their procedures neither protect due process rights nor satisfy the requirement of independence and impartiality.

Kenya

Wako Orders Police to Probe the Ocampo Six
Daily Nation, April 26, 2011
Attorney General Amos Wako asked Police Commissioner Matthew Iteere to include the six International Criminal Court (ICC) suspects in the investigation into the 2007 post-election violence. Wako’s letter to Iteere comes after the Kenyan government asked the ICC to provide the government with copies of all the evidence against the suspects so that they can be tried domestically. This is Kenya’s second attempt at circumventing ICC proceedings.

Call to Adopt Ligale Report on Vote Zones
Daily Nation, April 27, 2011
During debate on the Electoral and Boundaries Commission Bill, several Members of Parliament (MPs) called on Parliament to adopt the controversial constituencies recommendation from Andrew Ligale’s now dissolved Interim Independent Boundaries Commission. The MPs said that the Ligale recommendations should be used as a guide for setting up boundaries, but other MPs argued that the recommendations should not be used at all as they are based on incorrect census data.

Kiplagat Temporarily Blocks Tribal Probe
Capital News, April 27, 2011
A high court judge has temporarily stopped a tribunal’s investigation into the suitability of Bethuel Kiplagat to be Chairman of the Truth, Justice, and Reconciliation Commission (TJRC) until a decision is reached on Kiplagat’s challenge to the validity of the tribunal. Kiplagat contends that under the TJRC Act, he cannot be investigated, as he was vetted, interviewed, and his name sent to the legislature for approval. Further, he argues that the TJRC Act also limits any investigation to his conduct while Chairman, and not to any previous actions.

Kosovo

Pristina ‘Will Not Discuss Division of Kosovo’
Balkan Insight, April 26, 2011
Edita Tahiri, head of the Kosovo delegation to the ongoing Kosovo-Serbia negotiations mediated by the EU, has reiterated that his team will not discuss partition of Kosovo. Although Borislav Stefanovic, head of the Serbian delegation, made comments recently that Serbia would consider discussing division of Kosovo, Tahiri said the talks can remain constructive as long as they focus on technical issues. According to Tahiri, reopening the issue of borders between Serbia and Kosovo would be a threat to regional peace and stability.

Kosovo Starts Preparations to Sue Serbia
SETimes, May 2, 2011
The government of Kosovo announced it will establish a War Crimes Institute, which will operate within the Ministry of Justice. The Institute’s purpose is to document crimes committed by Serbia over the last ten years. All findings will then be sent to the International Court of Justice (ICJ). Kosovo cannot currently sue Serbia without being a member of the UN or a signatory party to the ICJ Statute.

Kyrgyzstan

Report Implicates Kyrgyzstan Officials in Ethnic Violence Last Year
New York Times, May 4, 2011
An international investigatory commission released a report implicating Krygyz civilian and military officials in the ethnic violence in Kyrgyzstan in June of 2010. The report claims that the violence reached the level of crimes against humanity. While the administration of President Rosa Otunbayeva had consistently denied responsibility and blamed former president Bakiyev’s supporters and Islamic extremists for the violence, the report found no evidence that points to the responsibility of those groups.

Libya

Administration Loosens Restrictions on Libyan Oil
Associated Press, April 26, 2011
The US has permitted rebels to sell the oil they control by easing US sanctions on Libya. By modifying the asset freeze that applied to Libya’s oil companies, the US hopes that the rebels will be able to use the income to buy arms as well as other supplies. Under the modified sanctions, US companies can engage in business in Libya that benefits the opposition Transitional National Council.

US Still Not Ready to Recognize Libyan Opposition
CNN, April 27, 2011
According to Ambassador Gene Cretz, the US supports the Libyan opposition group but will not recognize it yet. Although the US finds the Transitional National Council a serious and credible group, Cretz said the US first needs to study the legal implications of recognition, especially what constitutes a government and the US historical precedent for recognition.

UN Human Rights Panel Begins Investigation into Abuses in Libya
The Tripoli Post, April 28, 2011
The UN Human Rights Council ordered an inquiry into human rights abuses committed since the beginning of the conflict in Libya. A three-member panel led by former UN Rapporteur Cherif Bassiouni will investigate violations of international law, including indiscriminate attacks that resulted in civilian casualties, torture, and the use of mercenaries in the conflict. The report will not be limited to the Libyan government but will also concern NATO and the rebels.

Nagorno-Karabakh

Foreign Minister: Azerbaijan and Russia Closely Cooperate in Nagorno-Karabakh Issue
Trend, April 25, 2011
Azerbaijani Foreign Minister Elmar Mammadyarov said that Azerbaijan and Russia are cooperating to resolve the Nagorno Karabakh issue. Russia’s involvement, claims Mammadyarov, will produce results and help keep the settlement issues moving forward.

EU to Support Nagorno-Karabakh Peace Process
Vestnik-Kavkaza, May 2, 2011
EU Commissioner Stefan Fule stated that although the EU has no official role in the Nagorno-Karabakh conflict, the EU may extend support to the Organization for Security and Co-operation in Europe Minsk Group in the future. Fule affirmed the EU’s support for democracy and the rule of law in the region and stated his hope for a peaceful resolution to the conflict.

Nepal

Nepali Congress against CA Term Extension: Sujata
The Himalayan Times, April 25, 2011
Sujata Koirala, one of the Nepali Congress (NC) leaders, said the NC was opposed to another extension of the Constituent Assembly’s term after the May 28 deadline. She reiterated the NC’s call for the Unified Communist Party of Nepal (Maoist) and the CPN-UML to abandon the seven-point deal to allow for a coalition government, insisting that no issue could be resolved without the participation of the NC.

Nepal Maoist Chairman Dahal’s Proposal Accepted: Baidya Remains Rigid
Telegraph Nepal, April 29, 2011
The majority of the Maoist Central Committee adopted Chairman Dahal’s proposal in favor of peace and the constitution. The proposal calls for a party effort to finish the constitution by the May 28 deadline and directs the party leadership to work to integrate combatants into the national army. Vice Chairman Mohan Baidya wrote a note of dissent insisting that the party should pursue the people’s revolt agreed in the plenum.

Parties Agree to Expand Cabinet by Monday
Republica, April 30, 2011
Top leaders of the CPN-UML, Maoist, and the Madhesi People’s Rights Forum (MPRF) agreed to end the deadlock over the full composition of the cabinet. The coalition parties agreed to give four ministries to the MPRF. The parties also agreed on finalizing a common minimum program and policies for the coalition government.

Philippines

Government Wary of Existence of MILF Splinter Group
GMA News, April 27, 2011
During exploratory talks in Malaysia, the Philippine Government expressed concern that splinter groups such as the Bangsamoro Islamic Freedom Fighters might not recognize a comprehensive agreement between Moro Islamic Liberation Front (MILF) and the Government. The Government praised the move by the MILF to consult with non-Moro entities, such as indigenous groups and business associations, saying it helped to further what should be a state-wide discussion on the issue of Bangsamoro.

Government Renews Offer to Moros
Manila Standard Today, April 29, 2011
In hopes of reaching a final agreement with MILF, the Aquino administration plans to submit a counter-proposal to the recent draft compact. Both parties are currently holding a series of meetings in Malaysia facilitated by Ghafar Mohamed, the former head of Malaysia’s National Security Council. Among the issues to be decided are the existence of an autonomous region in Mindanao and the recognition of Bangsamoro identity.

Somaliland

Mobile Courts Speed Up Justice in Somaliland
Somaliland Press, April 30, 2011
Mobile courts have been established by the Somaliland Government with the help of the United Nations Development Program to help speed up and simplify access to justice across Somaliland. Mobile courts have been especially helpful in providing women, children, internally displaced persons, and ethnic minorities with access to the justice system by reducing costs. The courts also support traditional justice mechanisms.

Sudan: Darfur

Darfurians Continue to Protest Against Sudanese Government
Sudan Tribune, April 28, 2011
Demonstrations by supporters of Abdel Wahid Al-Nur’s branch of the Sudan Liberation Movement took place in a number of Sudanese towns. Slogans chanted by demonstrators called for regime change, and denounced the government of President Bashir for Darfur war crimes and for poor economic conditions. The organizers said their protests gathered about twenty thousand people in Zalingei, fifteen thousand in Nyal, and six thousand in El-Fasher.

LJM Rebels Support Doha Draft Agreement for Peace in Darfur
Sudan Tribune, April 30, 2011
This week, the mediation presented a draft peace agreement to the Government of Sudan, the Liberation and Equality Movement (LJM), and the Justice and Equality Movement (JEM). The mediation has asked the parties to respond by May 7. LJM announced its support for the draft, which provides for the appointment of a vice-president and national ministers from Darfur, and establishes a regional authority for a one-year period until a referendum on Darfur’s administrative status is held. The agreement also provides for a two-billion dollar fund for Darfur reconstruction and development, and the assignment of former combatants to the army and police.

Sudan: Southern Sudan

Instability Is Worsening in Southern Sudan
New York Times, April 25, 2011
The continuing violence in South Sudan has resulted in more than 150 deaths in the last week. While one rebel leader, General Gabriel Tang, surrendered after months of fighting the Southern Sudan Army, another rebel group claimed victory over the Southern Sudan Army in clashes near the town of Mankeim. Since voters overwhelmingly voted for independence in South Sudan’s January referendum, numerous rebellions have broken out in the region. This month, the UN estimated that more than 800 civilians have been killed in violence since January.

Sudan: Bashir Threatens South over Abyei
BBC News, April 28, 2011
Sudanese President Al Bashir threatened not to recognize the South Sudan as a new country on July 9 if the region lays claim to Abyei. The draft Transitional Constitution explicitly claims Abyei as part of the south. At a rally in Southern Kordofan, Bashir said that Abyei belongs to the North and that he would not give it up.

Tanzania

Women Bodies Keen to Have Gender Conscious Constitutional Review
The Daily News, April 29, 2011
The Tanzania Women Lawyers Association (TAWLA) and the Tanzania Gender Forum (TGF) announced their intent to work together to ensure that gender is considered in the government’s constitutional review process. TAWLA Chairperson Maria Kashonda indicated that the collaboration also plans to raise public awareness about participation in the review, especially among women and girls. The Chairperson of the TGF on Constitutional Review, Magdalena Webangira, explained that these efforts will encourage more people to read the bill and provide comments. However, Webangira also noted that the current Constitutional Review bill does not sufficiently promote a culture of democracy.

Uganda

LRA Survivors Want Marshal Plan for Region
Daily Monitor, April 28, 2011
In a service to commemorate the massacre of over 200 civilians by the Lord’s Resistance Army (LRA) in 1996 in the Amuru district, Reverand Johnson Gakumba, Chairman of the Acholi Religious Leaders Peace Initiative, urged the Ugandan government to develop meaningful reparation programs for the crimes committed in the region. Jacob Nokrach, a survivor and Chairman of the Atiak Massacre Survivors Association, accused the government of abandoning the survivors to NGOs.

Protests in Uganda Build to Angry Clashes
New York Times, April 29, 2011
On April 29, Uganda experienced the most violent day of protests since demonstrations began nearly three weeks ago. Protesters built burning roadblocks throughout Kampala, bringing the city to a standstill. At least five people were confirmed dead and more than 150 people were injured, as the police and military fired live ammunition, tear gas, and rubber bullets into crowds of protestors. According to the police, 350 people have been arrested thus far. Simultaneous protests were reported in the Gulu and Mbale districts. Kizza Besigye, the opposition politician leading the protests, called for demonstrations against rising commodity prices.

Water Diplomacy

Egypt Opposes Ethiopia’s Dam Construction Plan
BikyaMasr, April 10, 2011
On April 10, a delegation from Cairo traveled to Kampala, Uganda to discuss new plans for water sharing of the Nile Basin water. Although the delegation refused to support Ethiopia’s proposal to build a dam near the Sudanese border, it did support the construction of a canal in Sudan to recover swamp water. However, Egypt refuses to take part in the Entebbe agreement signed by the other Nile states, including Ethiopia, Kenya, Sudan, Uganda, Tanzania, and Burundi.

Water Wars? Thirsty, Energy-Short China Stirs Fear
The Associated Press, April 16, 2011
Residents in vulnerable river towns and Asian capitals from Pakistan to Vietnam are fearful that China’s accelerating program of constructing dams on every major river flowing from the Tibetan plateau will trigger natural disasters, degrade fragile ecologies, and divert vital water supplies. China has already built twenty dams on eight Tibetan rivers, with forty more planned. Analysts say that control of the Tibetan rivers is the biggest potential point of contention between India and China. Even if official government representatives are hesitant to articulate their concern, locals in vulnerable areas do, and also express their worry that Asian riparian states will refuse to cooperate on water-sharing issues, to their detriment.

A Nasty Splash in South Asia
Khalej Times, April 29, 2011
The United States Senate Foreign Relations Committee recently released a report addressing how to avoid future water wars in South and Central Asia, entitled “Avoiding Water Wars: Water Scarcity and Central Asia’s Growing Importance For Stability in Afghanistan and Pakistan.” The report places particular emphasis on the need to resolve water disputes between India and Pakistan in light of changing climate and environmental conditions for the purpose of promoting stability in the region. The report also recommends focusing on conservation instead of trying to increase the water supply.

Zimbabwe

African Union Urged to Follow Up on Reports Alleging Zimbabwe Torture
Voice of America, April 28, 2011
The Human Rights Institute of Southern Africa has reported to the African Commission on Human and People’s Rights that Zimbabwe is not adequately addressing allegations of torture and human rights abuses. The Institute has recommended that a Special Rapporteur be appointed to investigate these matters. The Human Rights Institute says that law in Zimbabwe has broken down, making it difficult to enforce judgments, and that democratic reforms have been slow to progress despite promises from President Mugabe.

Tsvangirai Rallies Supporters for Zimbabwe Vote
Reuters, April 29, 2011
At a congress for his Movement for Democratic Change (MDC) party, Prime Minister Morgan Tsvangirai referred to the rival ZANU-PF party as oppressors and hinted at leadership changes in the MDC. His speech was apparently an attempt to rouse support for an upcoming campaign to oust President Robert Mugabe, should the elections called for Mugabe take place sometime soon. Tsvangirai is not currently challenged as the leader of the MDC.

Peace Negotiations Watch is a weekly publication detailing current events relating to conflict and peace processes in selected countries. It is prepared by the Public International Law & Policy Group (PILPG) and made possible by grants from the Carnegie Corporation of New York and the Ploughshares Fund.