Mugabe proceeds with takeover of foreign-owned companies

By Polly Johnson
Impunity Watch Reporter, Africa

Mugabe addresses supporters on the takeover of foreign-owned companies. (Photo Courtesy of Associated Press.)
Mugabe addresses supporters on the takeover of foreign-owned companies. (Photo Courtesy of Associated Press.)

HARARE, Zimbabwe – President Robert Mugabe said Thursday that the country will forge ahead with the takeover of foreign-owned firms, a plan laid out in a 2008 law.

During a speech Thursday at the burial of the deputy director of Zimbabwe’s intelligence organization, Mugabe addressed mourners, telling them, “We proceed with our indigenization and empowerment policy, and programs must be worked out to ensure that our resources are managed by us, they are controlled and exploited by us, and that they benefit the majority of our people.”

The Indigenization and Economic Empowerment Bill was signed into law in 2008, and permits local business owners to take fifty-one percent shareholder control of foreign mining companies that have a net asset value of one million dollars or more.

The Zimbabwe government defended the bill as a way of addressing past racial and historical imbalances and allowing local Zimbabweans to benefit from the country’s rich mineral resources.

However, upon its passage, the bill was met with heavy criticism. Opponents have argued that the law has simply been a way for Mugabe to buy and curry support among his party, ZANU-PF.

Mugabe’s opposition party, Prime Minister Morgan Tsvangirai of the Movement for Democratic Change (MDC), has opposed the law. However, he has not been so vocal about his opposition, which some critics have attributed to his not wanting to be labeled as “pro-white” or “pro-West.”

Last month, Mugabe took the initial steps towards enforcing the bill when he gave foreign mining companies forty-five days to transfer the majority stakes to local investors.

Mugabe’s goal is to take power away from the European and American corporations that dominate Zimbabwe’s economy. He has accused the foreign-owned companies of aligning with the West in an effort to remove him from power. “If our economy is controlled by outsiders, similarly the politics will be controlled by outsiders,” Mugabe said.

Western countries imposed sanctions on Mugabe and ZANU-PF in 2002 on charges of human rights abuses and rigged elections. As recently as 2010, Human Rights Watch (HRW) reported that ZANU-PF continued to engage in human rights abuses, and that there had been no meaningful progress in instituting human rights reforms. HRW has uncovered rampant abuses by Zimbabwe’s armed forces, including forced labor, child labor, killings, beatings, smuggling and corruption.

Mugabe, who is 87 and has run the country since 1980, does not appear to be slowing down. “We must demonstrate that we are ready to defend our country and sacrifice our lives. The enemy will try by all means to destroy us, but if we are united, we are strong,” he said. The MDC has warned that upcoming presidential and parliamentary elections could bring about a “bloodbath” in Zimbabwe.

For more information, please see:

ZimOnline – Firm takeovers to go ahead: Mugabe – 15 April 2011

CNN – Government takeover of companies in Zimbabwe to proceed, Mugabe says – 14 April 2011

Zimbabwe Mail – Mugabe says to proceed with foreign firm takeovers – April 14, 2011

CNN – Is ‘indigenization’ bad for business? – 7 April 2011

Zimbabwe Guardian – Shape up or ship out, Mugabe warns companies – 28 March 2011

Human Rights Watch – EU: Keep Sanctions on Mugabe’s Inner Circle – 29 January 2010

Brazil Rejects Organization’s Request To Stop Dam

By Patrick Vanderpool
Impunity Watch Reporter, South America

Members of the Kaiapo tribe protest against the construction of the Belo Monte dam (photo courtesy of Voices of America).
Members of the Kaiapo tribe protest against the construction of the Belo Monte dam (photo courtesy of Voices of America).

SAU PAULO, Brazil – The Brazilian government refused  to suspend work on a huge hydroelectric dam in the Amazon despite pleas from the Inter-American Commission on Human Rights that the project could displace tens of thousands of indigenous people and cause environmental harm. The Belo Monte dam is slated to be the world’s third largest hydroelectric dam.

The Commission did not request the complete termination of the project, but rather just to put it on hold until the developers “complied with its legal obligations to consult with indigenous groups.”

Among the Commission’s requests were measures to prevent the spread of diseases that could result from the large population influx during construction.  Brazil’s Ministry of Foreign Affairs called the requests “premature and unjustified.”

The $17 billion dam has long been a contentious issue between the Brazilian government and the indigenous people. The dam would divert the flow of the Xingu River along a 62-mile stretch in Pará state. Environmental groups say it would flood more than 120,000 acres of rain forest and local settlements, displacing at least 20,000 people and releasing large quantities of methane. Brazil’s government does not refute that the dam would displace individuals, but claims that the number is significantly less than 20,000.

David Fleischer, a political science professor at Brasilia University, said the government “is going to move forward with the Belo Monte project regardless of any complaints or protests.” Higher federal courts have rejected legal challenges to the project.

For more information, please see:

BBC – Brazil Rejects Request to Halt Belo Monte Dam in Amazon – 6 April 2011

Forbes – OAS Human Rights Group Weighs in on Brazil’s Amazon Dam – 5 April 2011

New York Times – Brazil Rejects Panel’s Request to Stop Dam – 5 April 2011

Voice of America – Commission Urges Brazil to Halt Dam in Brazil – 5 April 2011

Rights Group Urges Serbia To Stop Forced Evictions

By Christina Berger
Impunity Watch Reporter, Europe

BELGRADE, Serbia— Human rights organization Amnesty International recently called on Serbia to stop forced evictions of Roma. Amnesty International released a report detailing two years of discrimination and forced evictions where Roma were removed to housing conditions that are inadequate in many cases.

The report, Home is more than a roof over your head: Roma denied adequate housing in Serbia, details the forced evictions of at least seven settlements of Roma in the capital Belgrade beginning in April 2009. Those evicted are often removed to metal containers in segregated settlements, while others are forced to live in poverty with inadequate housing in Southern Serbia.

Amnesty estimates that about a third of Belgrade’s Roma population live in informal settlements, which lack sanitation, basic services, and even a regular supply of water. Roma are not allowed to register as citizens of Belgrade and as a result are often denied access to employment, social security, health care, and education.

Sian Jones, Amnesty International’s Serbia researcher, said, “[i]nstead of halting forced evictions the Serbian authorities in Belgrade are carrying out more and more, driving Roma communities from their homes and forcing them to live in inadequate housing.”

Amnesty International urged Serbia to comply with their international obligations by ensuring the Roma have access to housing with sanitation within a reasonable distance of public facilities and employment, as well as access to legal remedies. Amnesty has also urged Serbia to make sure the Roma in Belgrade are free from future forced evictions, mainly by developing a legal framework to prohibit forced evictions in the future.

Many of these evictions that have occurred over the last two years are a result of plan enacted by the Belgrade Assembly in 2009 to put into place large-scale infrastructure projects funded mostly by the European Bank for Reconstruction and Development and the European Investment Bank. According to the Amnesty report, these plans would affect at least 50 of the 100 Roma settlements in Belgrade.

An estimated 500,000 thousand Roma live in Serbia, accounting for 7% of the Serbian population. Many Roma living in Belgrade originally fled Kosovo after the war in 1999. Others have been forcibly removed from Western European countries, after arriving there in search of work or international protection.

For more information, please see:

AP — Amnesty International urges Serbia to stop forced evictions of Roma in Belgrade — 9 April 2011

SOUTHEAST TIMES — Serbia is urged to stop forced evictions of Roma — 8 April 2011

UPI — Roma day marked by demands for rights — 8 April 2011

AMNESTY INTERNATIONAL — Serbia urged to stop forced evictions of Roma — 7 April 2011

Girls killed in India before born

By Joseph Juhn
Impunity Watch Desk Reporter, Asia


2011 census reveals that boys are preferred to girls, leading families to abort girl babies (Photo courtesy of the Nation).

NEW DELHI, India – If you are a girl in India, you are less likely to be born. The figures speak for itself: the latest 2011 census show that the sex ratio, the number of girls to every 1,000, was 914 in the 0-6 age group, which is 13 less than the 2001 census.

As medical technology continues to improve and more commonly implemented in rural areas, the abortion of female fetuses has also increased. This is because technology has made it easier to detect the sex of an unborn child.

Lakshmi Rani, 30, is one of many women who was forced to abort her unborn baby, multiple times. From Bhiwani district in Uttar Pradesh, Ms. Rani’s first three pregnancies were terminated due to family pressure.

“My mother-in-law took me to the clinic herself,” she said. “It wasn’t my decision, but I didn’t have a choice. They didn’t want girls.”

She and her husband are pushing for another pregnancy and she prays that the next one will be a boy. Although sex determination tests, let alone abortion itself is illegal in India, women like Ms. Rani is powerless before family pressure and general societal preference of boys.

There is also a stark regional difference. The divide between the north and south has gotten worse as J&K’s child sex ratio fell steeply to 859, making it the third worst state after Haryana and Punjab. Just ten years ago In 2001, J&K had a better child sex ratio than the Indian average. With the exception of Himachal Pradesh, no state in the north now has a child sex ratio above 900.

The reasons behind the preference of boys over girls are complex, according to the Center for Social Research, a research organization in New Delhi. Ironically, the aborting practice happens in some of India’s most prosperous states — Punjab, Haryana, Delhi, Uttar Pradesh — indicating that economic growth does not guarantee a shift in social attitudes. Ranjana Kumari, spokesperson for the research center gives several factors that may attribute to the preference of boys in many parts of India, especially the conservative north: sons are the source of the family income, daughters marry into another family and are not available to look after their parents, dowries make a daughter a liability and, in agricultural areas, there is the fear that any woman who inherits land might take that property to her husband’s family.

“It (the decline in child sex ratio) was expected, but it is a warning signal for the nation to wake up,” Ms. Kumari said, also adding that law banning sex-based abortion “is not stringently implemented”.

Her findings and facts lead to conclusion that India’s sex ratio is a feature not just of dictatorship and poverty. Unlike China, India is a democracy: there is no one-child policy to blame.

“The caution should be taken seriously. We are leading to a crisis situation,” she said.

For more information, please see:

The Times of India – Sense of Census 2011: Save the Girl Child – 1 April 2011

The Economist – Gendercide in India: Add Sugar and Spice – 7 April 2011

The New York Times – A Campaign Against Girls in India – 12 April 2011

War Crimes Prosecution Watch, Volume 6, Issue 1 – 11 April 2011

Volume 6, Issue 1 – April 11, 2011

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

*   Reuters: Wanted Rebel Leader Returns to Eastern Congo
*   Open Society Justice Initiative: Bemba Defense Contests Expert’s Report
*   Open Society Justice Initiative: New Witness Testifies in Closed Session
*   Open Society Justice Initiative: Victims’ Lawyer Denied Permission to Question Witness
*   Open Society Justice Initiative: Central African Top Prosecutor Testifies in Bemba Trial

Democratic Republic of the Congo

*   UPI: DRC Fighters to Testify at Warlord Trials
*   LubangaTrial.org: Trial Resumes with Testimony that Lubanga Ordered Demobilization of Child Soldiers
*   AP: Lawyer for Rwandan Rebel Detained by International Court Seeks Release
*   LubangaTrial.org: Defense Witness Denies Forced Conscription of Children in Second Day of Testimony
*   LubangaTrial.org: UPC Had No Military Objectives, Witness States
*   LubangaTrial.org: Witness Insists Thomas Lubanga was Not a Military Leader
*   KatangaTrial.org: Katanga and Ngudjolo are Responsible for Attack on Bogoro, Victims Claim
*   LubangaTrial.org: Lubanga Not Responsible for Military Takeover in Bunia, Witness Says
*   LubangaTrial.org: UPC Decrees Demobilization of Child Soldiers But Seeks More

Kenya

*   AllAfrica: State Files Request to Stop ICC Cases
*   Daily Nation: ICC Judges Receive Kenya’s Request to Strike Out Cases
*   Daily Monitor: ICC Opens Trial of 6 Kenyan Officials

Libya

*   Reuters: Probing Libyan Killings, ICC Support at Turning Point
*   The Guardian: Muammar Gaddafi’s Exit Hindered by UN Resolution, Law Experts Warn
*   Reuters: Gaddafi Planned Civilian Killings, Hague Court Says

AFRICA

International Criminal Tribunal for Rwanda

*   Hirondelle News Agency: Prosecution Requests Life Imprisonment for Former Rwandan Businessman
*   Hirondelle News Agency: French Lawyer Accuses Prosecution of Colluding With Rwandan Authorities
*   Hirondelle News Agency: Prosecution Requests Life Imprisonment For Setako
*   The New Times: Gatete Judgment Set for Today
*   Hirondelle News Agency: Rwandan Minister Gatsinzi Accuses Colonel Bagosora of Sabotage
*   Hirondelle News Agency: Bagosora Recognizes Rwandan Genocide At Last
*   Hirondelle News Agency: Appeals Chamber Confirms Sentence Against Former Rwandan Military Officer
*   Hirondelle News Agency: One Defence Witness For Nzabonimana Still At Large

Special Court for Sierra Leone

*   New Dawn Liberia: Taylor’s Verdict in December

EUROPE

European Court of Human Rights

*   IberoSphere: Garzón Appeals to Strasbourg over Prosecution for Franco-era Probe

Court of Bosnia & Herzegovina, War Crimes Chamber

*   The Court of Bosnia and Herzegovina: Osman Šego Plead Not Guilty
*   The Court of Bosnia and Herzegovina: Commencement of trial before the Appellate Panel in the Ljubo Tomic et al. Case
*   The Court of Bosnia and Herzegovina: Session Before the Appellate Panel in the Radomir Vukovic et al.
*   The Court of Bosnia and Herzegovina: Closing Arguments of the Prosecutor’s Office of BiH and Defense in the Miodrag Markovic Case
*   The Court of Bosnia and Herzegovina: Plea Hearing in the Bozidar Kuvelja Case
*   The Court of Bosnia and Herzegovina: Status Conference in the Saša Barizanin Case

International Criminal Tribunal for the Former Yugoslavia

*   International Criminal Tribunal for Former Yugoslavia: Gotovina et al. Judgement to be Rendered on 15 April 2011
*   Institute for War and Peace Reporting: Prosecutors Want Life Term for Perisic
*   Institute for War and Peace Reporting: VRS Leadership Structure Explained

Domestic Prosecutions In The Former Yugoslavia

*   Reuters: Serb Police Arrest 1991 Dubrovnik Siege Suspect
*   The Canadian Press: Wife of Europe’s Most Wanted War Crimes Fugitive Mladic Insists He Has Died
*   Croatian Times: War Crimes Convict Arrested in Germany

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

*   VOA Khmer: Defense Calls for Acquittal of Khmer Rouge War Criminal
*   VOA Khmer: In Hearing, a Push for Longer Sentence in Duch Case
*   UN News Centre: UN-Backed Tribunal Concludes Appeal Hearing for Convicted Khmer Rouge Figure
*   Phnom Penh Post: Looking Ahead at the KR Tribunal
*   VOA Khmer: Planning Under Way for Trials of Aging Khmer Rouge

Special Tribunal for Lebanon

*   Naharnet: Riyadh Contributes $10 Million to Tribunal
*   Naharnet: International Tribunal: Indictment Will Name Suspects but not Parties
*   The Daily Star: Special Tribunal for Lebanon Appoints New Spokesperson

Bangladesh International Crimes Tribunal

*   Bangladesh News 24: Alim Produced Before ICT
*   Bangladesh News 24: Alim Out of Jail

NORTH AND SOUTH AMERICA

United States

*   Appeals Court Overturns Release of Gitmo Detainee
*   McCaul Seeks to Have Cartels Designated as Terrorists
*   Little Headway Made at Guantanamo
*   In Reversal, 9/11 Plotter to Be Tried by Military Panel
*   Supreme Court Rejects Guantanamo Appeals

TOPICS

Terrorism

*   BBC: Bali Bombing Suspect Umar Patek ‘Arrested in Pakistan’
*   The Telegraph: Terrorist Who Tried to Kill pregnant Fiancée Must Be Considered for Parole, Court Says
*   UPI: Saudis Charge 5,000 on Terror Counts
*   The National: Freed Saudi Arabian Terror Suspects ‘Were Not Innocent’ Piracy
*   AP: Somalia Opens Prisons for Pirates, More Planned
*   Defense News: Solution for Piracy ‘Scourge’ Remains Elusive
*   AP: Pirates Jailed in 17 Nations as Prosecutions Rise
*   Star Tribune: Federal Prosecutors Seek 2012 Trial Date for 14 Suspected Pirates Accused of Hijacking Yacht
*   The National: Pirates Face Prosecution in Federal UAE Court
*   Breakbulk Online: Pirates Sent to Seychelles for Prosecution

Universal Jurisdiction

*   The Jerusalem Post: UK Begins Amending Universal Jurisdiction Legislation
*   The Vancouver Sun: Spain Tries to Extradite Man from Alberta to Face War Crimes Charges

REPORTS

UN Reports

*   AP: UN Votes on Sanctions against Ivory Coast’s Gbagbo
*   UN News Centre: UN-Backed Tribunal Concludes Appeal Hearing for Convicted Khmer Rouge Figure
*   AP: UN Official: Goldstone Must Request Repeal of Gaza War Crimes Report Before it Can Be Canceled

NGO Reports

*   BBC: Burma: Hope and Fears Over New Political System
*   VOA: Ghadafi Forces Reported Using Landmines
*   Reuters: U.N. Rights Body Urged to Act on Syria, Bahrain, Yemen

TRUTH AND RECONCILIATION COMMISSIONS

Kenya

*   Daily Nation: Wagalla: TJRC Calls Ex-Security Men
*   Bloomberg: Kenya Truth Commission Summons Former Chairman, Nation Says

Thailand

*   Bangkok Post: Army Insists Troops Did Not Use Live Bullets

COMMENTARY AND PERSPECTIVES

*   National Times: Australia Left Wanting When Allegations of War Crimes Arise
*   Radio Netherlands Worldwide: Somali Pirates Prove Problem for Dutch
*   Washington Post: Reconsidering the Goldstone Report on Israel and War Crimes

WORTH READING

*   The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the ‘Court of Critique’

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world.