PEACE NEGOTIATIONS WATCH

Friday, April 15, 2011
Volume X, Number 16

In this issue:

CONFLICT UPDATES

Afghanistan
Bosnia
Burma
Egypt
Georgia
Kashmir
Kenya
Kosovo
Nepal
Piracy
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Thailand
Uganda
Zimbabwe

Afghanistan

Turkey Says It Is Ready to Host a Taliban Office as Part of Efforts to End Afghan War
The Associated Press, April 12, 2011
Turkey’s Foreign Minister, Ahmet Davutoglu, said that Turkey would be willing to host a political office for the Taliban in order to assist with talks between the Taliban and the Afghan government.  Afghan officials report that Turkey has already taken steps to establish the office, which would create a safe location from which Taliban members interested in negotiating peace could meet with other actors.  Turkey is the only Muslim member of NATO, and contributes noncombat troops to NATO’s Afghan operation.

Afghan Opposition Cautions US on Taliban Peace Talks
AFP, April 13, 2011
Abdullah Abdullah, Afghanistan’s main opposition leader, warned the United States (US) that talks with the Taliban would not improve the situation on the ground.  Abdullah argued that President Hamid Karzai and his government are the biggest problems Afghanistan faces, and that talks between the Karzai government and the Taliban would sideline other actors and draw focus away from the political process.

Bosnia

Serb Leader Blames Former US Ambassador of “Ignoring Facts”
Adnkronos International, April 7, 2011
Milorad Dodik, President of Republika Srpska, has recently commented on WikiLeaks cables published by Reuters on April 6, 2011.  In these cables, a former US ambassador to Bosnia and Herzegovina (BiH) vehemently criticized Dodik for undermining reform efforts in BiH and advocating for Bosnian Serb autonomy.  Dodik responded that these statements are not an accurate depiction of the situation in BiH and that foreign ambassadors should stop interfering in BiH’s affairs.

EC President Urges Bosnia to Form Government and Introduce EU Standards
Associated Press, April 8, 2011
On a recent political tour of the Balkans, European Commission President Jose Manuel Barroso urged BiH to form a state government and implement reforms necessary for accession to the European Union (EU).  Barroso stressed that the EU will help BiH both politically and financially towards EU integration, but that greater cooperation among Bosnian leaders was essential.

Burma

Burmese Leader Retires as Army Head
Financial Times, April 4, 2011
Senior-General Than Shwe, leader of the Burmese junta, officially retired as head of the army and handed over powers to President Thein Sein and his new civilian government, sworn in on April 1.  Despite not holding any official title, Than Shwe is widely expected to retain de facto power.  Than Shwe’s strategy appears to consist of placing his loyalists in key positions while still preventing any of them from challenging his leadership.

Burma’s Democratic Parties Welcome U.S. Special Envoy
The Irrawaddy, April 4, 2011
Aung San Suu Kyi’s National League for Democracy (NLD) and the National Democratic Force (NDF), the main Burmese opposition parties, have officially welcomed the appointment of Derek Mitchell as Special Envoy to Burma.  The NLD believes that Burma is at a crossroads in its democratic transition and that the U.S. Special Envoy could facilitate dialogue with the new government.  Meanwhile, the NDF said the US Special Envoy will have to think about the effectiveness of economic sanctions.

Thein Sein Urges Decentralization
The Irrawaddy, April 8, 2011
In a national address on April 6, Burma’s President Thein Sein announced a political transition towards a more decentralized system.  However, he did not specify the particular responsibilities that would be devolved to the states and regions.  Thein Sein urged the state and regional ministers to comply with national policy, insisting that ministers would be held accountable for their work.  Opposition leaders are skeptical about the decentralization, pointing out that the Constitution provides for the government’s central control over every important decision.

Egypt

Two Protesters Killed in Egypt’s Tahrir Square
The New York Times, April 9, 2011
Following two days of protests on Tahrir Square in Cairo denouncing the military’s tactics, Egyptian security forces shot at demonstrators to disperse them, killing two people and wounding dozens more.  Human rights groups also reported that forty-two protestors are being detained and interrogated for violating curfews and the recent ban on demonstrations.  Several protest leaders have issued statements calling for dialogue with the military and attempting to prevent future violence.

Egyptian Protesters Defy Military, Return to Tahrir Square
The Washington Post, April 9, 2011
A day after the Egyptian military used force to disperse protesters in Tahrir Square, protesters returned to call for the removal of the head of the Supreme Council of the Armed Forces (SCAF), escalating tensions between democracy activists and the military.  The military used force to disperse peaceful protesters who broke curfew the night before, and threatened to use force again if necessary.  However, some soldiers broke ranks and joined the protesters to demand faster progress on reforms and bringing members of the former regime, including former president Hosni Mubarak, to justice.

Revolutionary Youth Coalition Suspends Dialogue with Military Council
Ahram, April 10, 2011
Egypt’s Revolutionary Youth Coalition (RYC) announced that it would suspend its discussions with the SCAF.  The RYC stated that the discussions would not resume until the SCAF starts an investigation into the military’s use of force to disperse protesters on April 8, and meets other RYC demands.  The RYC also threatened a sit-in if investigations are not started by April 15.

Georgia

Ex-Soviet Georgia Says Bombs Found, Blames Russia
Reuters, March 31, 2011
Two bombs were found outside a municipal building in Tbilisi and one bomb was detected outside a civil registry office in Kutasi, 150 miles west of the capital. Three people arrested on suspicion of planting the bombs claim that they were give the explosives by a Russian military officer.

World Court Refuses Georgia-Russia Case
UPI, April 1, 2011
The International Court of Justice (ICJ) has found that it has no jurisdiction to hear a case dealing with alleged human rights violations by Russians in separatist regions in Georgia. The ICJ found it had no jurisdiction because Georgia never tried to settle its claims through negotiation before bringing the matter to court.

Kashmir

BJP Willing to Talk to Kashmiri Separatists: Rajanth Singh
The Times of India, April 11, 2011
Rajnath Singh, a senior leader of the Bharatiya Janata Party (BJP), expressed his party’s willingness to engage in talks with all parties in Kashmir, including separatists, so long as the talks remained within the framework of the Constitution.  Singh, chairman on BJP’s Jammu and Kashmir parliamentarian study group, reported that BJP does not have its own proposal on peace in Kashmir, but would work with the Indian parliament to develop a plan, considering the views of the people of Jammu and Kashmir.

Kashmiri Militants Watch Talks but Ready to Fight
Reuters, April 13, 2011
Militant Pakistani Kashmir separatists have expressed their willingness to engage in the talks between India and Pakistan, announced last month, but maintain that they will return to violence if the talks do not progress.  Many separatist militants in Pakistani Kashmir are currently engaged in peaceful occupations and are unable to cross the Line of Control into Indian Kashmir, but have stressed that they are ready to take up arms if necessary.

Kenya

Kiplagat, Mwiraria Summoned by Truth Justice and Reconciliation Commission
Capital News, April 5, 2011
Forty-two witnesses have been summoned to appear at the first public hearings of the Truth, Justice, and Reconciliation Commission (TJRC), including former TJRC Chairman Bethuel Kiplagat.  Kiplagat resigned from the post in November under pressure because of his alleged role in incidents being investigated by the TJRC.

Three Leading Kenyans Appear at International Court
Associated Press, April 8, 2011
Uhuru Kenyatta, Francis Muthaura, and Mohammed Hussein Ali appeared before the International Criminal Court (ICC) on Friday at a hearing to determine whether they understood the charges against them, to read them their rights, and to set a schedule for future pretrial hearings.  The three men were not required to enter pleas.  The other three suspects appeared on Thursday and declared their innocence before the court.  Although the suspects’ lawyers requested the evidence against their clients to prepare a defense, Kenya’s application to drop the cases from the ICC may delay any disclosures.

United Nations Rejects Kenya Request to Defer International Criminal Court Case
Agence France Presse, April 9, 2011
Following a meeting on Kenya’s application to defer the ICC process for one year, the United Nations (UN) Security Council President said that the members of the Security Council could not agree on the issue.  A UN diplomat indicated that this outcome means the Security Council will not consider Kenya’s request further.

Kosovo

Kosovo Elects New President
Reuters, April 7, 2011
Kosovo’s government has elected deputy director of police Atifete Jahjaga as the new President.  The vote followed a surprise agreement between government coalition partners, the Democratic Party of Kosovo and New Kosovo Alliance, and the opposition party Democratic League of Kosovo.  Jahjaga’s election staved off impending collapse of the government and spurred electoral reform.  Jahjaga is not a politician, and will likely not serve the full five-year term.  The parties agreed to amend the Constitution to make the president directly elected by the public within nine months and subsequently hold presidential elections six months later.

Del Ponte Questions EULEX Organ Trade Probe
Balkan Insight, April 7, 2011
According to former Chief Prosecutor for the International Tribunalfor the former Yugoslavia Carla Del Ponte, the European Union Rule of Law Mission in Kosovo (EULEX) does not have the capacity to objectively and effectively investigate allegations of organ trafficking in Kosovo and Albania.  Del Ponte’s comments stem from the recent Marty Report, which implicated several politicians and former members of the Kosovo Liberation Army for organ trafficking.  She believes EULEX cannot carry out these investigations because it does not have an effective witness protection program or the authority to conduct investigations outside of Kosovo.  Currently, an independent investigation can only occur pursuant to a UN Security Council resolution.

Nepal

People’s Liberation Army Integration: Dahal Lauds Army Proposal
The Kathmandu Post, April 7, 2011
Maoist Chairman Pushpa Kamal Dahal praised the Nepal Army’s integration proposal, indicating that the Maoists were willing to work with the Army on the terms of the proposal.  The proposal would create a separate unit within the Army, half composed of former Maoist combatants and the other half of current security sector personnel.  The International Crisis Group released a report that said that the new unit was a useful political compromise, but would not contribute to the needed security sector reform.

Finance Minister Says Full, Not Supplementary, Budget on May Third
The Himalayan Times, April 7, 2011
Contradicting rumors of a supplementary budget being proposed three months before the end of the fiscal year, Nepal’s Finance Minister Adhikary announced that the Cabinet would be bringing an early full budget for 2011-2012 before Parliament on May 3.  Meanwhile, the government has decided to accept several loans from the World Bank, the European Union, and an Indian bank.

Prime Minister Set to Expand Cabinet April 10
Republica, April 10, 2011
On April 10, Nepal’s Prime Minister was set to expand his eight-minister cabinet, even if it means more ministers will be from his party.  He is also expected to name several Unified Communist Party of Nepal (Maoist) ministers.  The Maoists agreed to nominate their ministers after the formation of a high-level mechanism to oversee government operations and the formulation of a code of conduct.  Top leaders of various parties held meetings to resolve disputes regarding power sharing and the budget.

Piracy

Somaliland Warns Will Not Take in Foreign-Seized Pirates
AFP, March 29, 2011
Somaliland inaugurated an UN-funded prison in its capital Hargeisa to serve as a holding site for pirates, but government officials warned that it was not accepting pirates seized by foreign powers.  The UN renovated the prison with the goal of making conditions acceptable for states wishing to repatriate Somali pirates.  Of the 297 detainees currently in the facility, eighty-eight are pirates, all of whom come from Somalia and were seized by Somaliland officials or local people.  The region’s decision will likely be a significant setback in the international community’s attempts to repatriate arrested pirates to east Africa for trial.

Spanish Navy Delivers Suspected Pirates to the Seychelles
AFP, April 3, 2011
The Spanish Navy handed over to Seychelles authorities eleven pirates who were captured while pursuing a fishing boat in the Indian Ocean.  The Spanish frigate involved in the operation is part of the European Union’s Atalante anti-piracy operation in the Indian Ocean. The international community is having trouble prosecuting the ever-increasing number of Somali pirates.

Somali Pirate Gets Twenty-Five Year Sentence: Will it Be a Deterrent?
Christian Science Monitor, April 7, 2011
A US federal judge sentenced a Somali man, Jama Idle Ibrahim, to twenty-five years in prison for his role in hijacking a Danish merchant ship in 2008.  The ship and its crew were attacked by a band of Somali pirates and held for seventy-one days until the Danish company that owns the ship paid a $7.1 million ransom. Ibrahim is already serving a thirty-year prison sentence for being part of a group that tried to hijack a US Navy ship by mistake in 2010.  Both sentences will be served concurrently as part of a plea agreement in which Ibrahim pled guilty to both charges and will help prosecutors build cases against other accused pirates.

Sudan: Darfur

Darfur Referendum Row: JEM Stops Talks as LJM Says Peace Process Must Go On
Sudan Tribune, April 5, 2011
The Justice and Equality Movement (JEM) suspended its participation in negotiations with the Government of Sudan to protest against the presidential decree to hold a referendum on Darfur administrative status.  The Liberation and Equality Movement (LJM) will continue negotiations, disregarding the decree as a measure undertaken outside the Doha forum with which they are not concerned.  The mediators stressed that the decree should not discourage parties from reaching an agreement, urging all to submit final observations and proposed amendments.

US Asks SLM-MM to Join Doha Talks on Darfur
Radio Dabanga, April 7, 2011
US Special Envoy for Darfur Dane Smith requested Minni Minawi’s faction of the Sudan Liberation Movement (SLM-MM) to join the ongoing peace negotiations in Doha.  The SLM-MM’s pre-conditions for joining the peace talks include: an independent mediator accepted by the parties; a neutral platform for negotiation with international observation; and a declaration of new principles with the participation of all the armed movements in Darfur.

LJM Negotiators Respond to Mediators on Outstanding Issues
Radio Dabanga, April 8, 2011
LJM negotiators submitted their final position on outstanding issues to the Doha mediation.  LJM reiterated the need for one Darfur regional government and representation in the executive branch through a Darfur appointment to the position of Vice President.  Having delivered its position, it is now waiting for a final document to be prepared by the mediators.

Sudan: Southern Sudan

Rebels and Rumors as Sudan Separation Looms
AFP, April 4, 2011
In the face of impending independence, infighting and violence has increased tensions within South Sudan.  Hundreds of people have been killed in fighting between rebel groups and the Southern army, with accusations of assassination plots against Southern leaders and reported plans for further attacks by rebels fueling the mood of fear and distrust.

South Sudan MPs Say Exclusion Violates Peace Accord
AFP, April 4, 2011
The Sudanese Parliament has followed through with its plan to strip Southern MPs of their positions starting in April.  The MPs protest that this is a violation of the Comprehensive Peace Agreement, which they argue is valid until July 9, and should therefore secure their positions in Parliament until that time.

Sudan’s Kiir May Be Relieved from his VP Post Prior to July, Says Parliament Speaker
Sudan Tribune, April 9, 2010
According to the speaker of the Sudanese National Assembly, First Vice President Salva Kiir could be removed from his post by presidential decree prior to the secession of South Sudan in July.  The speaker said that such a decree would be justified because Kiir’s position has become ceremonial and does not have real power.

Tanzania

Constitution Talks Chaos
The Citizen, April 8, 2011
A public forum to discuss the Constitutional Review Bill was organized in Dodoma, the capital of Tanzania, on April 7.  Opponents of the Bill criticized its “shortcomings,” including a constraint on public officials from talking about the presidency, or the governments of the Union and Zanzibar.  Students and members of civil society gathered around the Parliament to share their views on the bill, but the police refused their entrance due to limited space.  This sparked a violent clash, with students throwing stones and policemen responding with tear gas.

Constitutional Draft Bill Debate Ends in Disarray with Denial of Union
Daily News, April 10, 2011
A public forum to discuss the Constitutional Review Bill was held in Zanzibar on April 9, 2011.  The session ended when a Zanzibari imam led protests against the Bill; the imam tore the bill during the debate amidst shouts from the audience, who spoke out against the bill and unity with mainland Tanzania.  The imam’s actions prompted other people from the audience to wave banners and proclaim slogans advocating Zanzibar independence.

Mbowe Urges “Unity” in Constitutional Bill Debate
Daily News, April 10, 2011
Chairman Freeman Mbowe of Chama Cha Demokrasia na Maendeleo (Chadema), the main Tanzanian opposition party, said that the debate on the Constitutional Review Bill has further divided Tanzanians, instead of fostering unity.  Mbowe was dissatisfied that the Revolutionary Government of Zanzibar was not included in drafting the Bill and that very few citizens were able to voice their opinion on the Bill.  As a result, Chadema will vote against the Bill in Parliament and will organize a demonstration opposing the Bill in coming days.

Thailand

Thai Armed Forces Deny Coup Rumors
UPI, April 5, 2011
On April 5, Thailand’s supreme military commander Gen. Songkitti Jaggabatara denied rumors that the army was preparing a coup, and declared that anyone attempting to lead his soldiers into one would be treated as rebels.  He further re-emphasized that the Thai army supports democracy and thus operates according to Thailand’s constitution.

Thai Military Not Participating In Thai-Cambodia Peace Talks
Voice of America, April 7, 2011
Thailand’s military is not attending the peace talks between Thailand and Cambodia regarding the border dispute that reignited last February.  Members of the Thai-Cambodia Joint Boundary Commission are still meeting without the Thai military.  Experts believe the Thai military’s absence is due to a disagreement between Thailand’s foreign ministry and the military over how to address the border dispute.

Thailand’s Red Shirt Protesters Mark Anniversary of Bloody Clash with Government Forces
The Associated Press, April 10, 2011
Thailand’s opposition Red Shirt movement held a rally commemorating the one-year anniversary of a confrontation between the army and Red Shirt protesters that left twenty civilians dead.  The rally, which remained peaceful, drew about 20,000 supporters to the site of the clash.  Red Shirts have held frequent demonstrations to show their strength and rally supporters for the upcoming elections, as well as to demand more thorough investigations into the deaths during the protests.

Uganda

2010 Human Rights Report: Uganda
Department of State, April 8, 2011
The US Department of State Bureau of Democracy, Human Rights, and Labor released its annual human rights report on Uganda on April 8, 2011.  The report details Uganda’s unfavorable record regarding various human rights standards, including disrespect for the integrity of the person and the denial of basic civil liberties.  The report implicates the Lord’s Resistance Army as a source of serious human rights problems, as well as the Ugandan police for torturing and arbitrarily detaining innocent citizens.  However, there were no reports of political prisoners over the past year.

Zimbabwe

Mugabe Tries to Heal Rift with Region Over Violence
Reuters, April 6, 2011
In a published article, a spokesman for President Robert Mugabe said that the recent criticism aimed at Zimbabwe from the Southern African Development Community (SADC) resulted only from minor points of disagreement, trying to dispel the notion that Mugabe had fallen out with regional leaders.  The SADC, typically protective of Mugabe’s actions when faced with Western criticism, has recently denounced a spike in political violence in Zimbabwe.  Mugabe, meanwhile, relies heavily on his traditional support bases in the region and strongly desires to retain the support of local governments.

Rights Groups Threaten Street Protests
Reuters, April 7, 2011
Human rights groups have announced that unless harassment against civil society ends, they will stage massive protests against the government.  This threat follows a recent crackdown on civil society members, including arrests at some organizations dedicated to human rights in Zimbabwe.

Allies of Zimbabwe’s President Push for Quick Vote
New York Times, April 8, 2011
President Robert Mugabe’s party is determined to hold the 2012 presidential elections this year.  At eighty-seven, Robert Mugabe has been criticized for his thirty-year dictatorship rule, wavering health, and inability to rule for another five-year term.  South African President Jacob Zuma argued that a free, fair, and credible election is impossible this year because many international monitoring institutions would be unable to mobilize in time. Mugabe maintains that Zimbabwe’s neighbors should not interfere in the country’s affairs.

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.

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AMNESTY INTERNATIONAL
PRESS RELEASE

15 April 2011
AI Index: PRE01/210/2011

A judgement handed down today by the International Criminal Tribunal for the former Yugoslavia (ICTY) convicting two Croatian generals of responsibility for crimes against humanity is a strong victory for Croatia’s war victims, Amnesty International said.

The ICTY convicted Ante Gotovina and sentenced him to 24 years. Mladen Markač was also convicted and sentenced to 18 years’ imprisonment. A third general, Ivan Čermak, was acquitted.

Ante Gotovina and Mladen Markač were found guilty of having participated in a joint criminal enterprise during and after the military “Operation Storm,” carried out from August to November 1995 with the aim of forcibly and permanently removing the ethnic Serb population from the Krajina region of Croatia.

“This judgement is the first step to truth and justice for many victims of crimes committed during ‘Operation Storm’ in Croatia in 1995,” said Nicola Duckworth, director of Amnesty International’s Europe and Central Asia Programme.

“It shows that even the most high-level perpetrators of crimes under international law cannot evade justice.”

According to the indictment, crimes against humanity were committed during the 1995 military operation, including persecutions, deportation, murder and inhumane acts. The charges also included war crimes, such as unlawful destruction of civilian property.

In a recent report, Behind a Wall of Silence: prosecution of war crimes in Croatia, Amnesty International documented how justice in Croatia is slow and selective more than 15 years after the war ended, and how a lack of political will to deal with the wartime past prevents many victims from receiving justice, discovering the truth and obtaining reparation.

Only 18 cases are resolved on average each year, adding to a backlog of more than 500 cases. At the current rate of prosecution, some victims of alleged war crimes and crimes against humanity would need to wait another 30 years to see justice.

High-level Croatian political figures – including current Deputy Speaker of the Croatian Parliament Vladimir Seks – have yet to face investigation. Prosecutions target mostly Croatian Serbs and other minorities whereas crimes committed by the Croatian Army and police forces go unpunished.

Local courts lack witness support and protection measures. The well-known case of the August 2000 killing of Milan Levar, a potential ICTY witness remains unresolved.

“The international community must demand that Croatia investigates and prosecutes its backlog of hundreds of cases to give victims access to justice, truth and reparation,” said Nicola Duckworth.

“Justice must be sought – and delivered – for Croatia’s war victims.”

Only a very limited number of low-level perpetrators have been brought to justice in Croatia for crimes committed during Operation Storm.

Public Document

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For more information please call Amnesty International’s press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK