Update: Disputed Ivory Coast Election Prompts Fears of Civil War

By Polly Johnson
Impunity Watch Reporter, Africa

Supporters of Laurent Gbagbo protest at a youth rally (Photo Courtesy of Wall Street Journal).
Supporters of Laurent Gbagbo protest at a youth rally (Photo Courtesy of Wall Street Journal).

ABIDJAN, Ivory Coast – The United States and European Union countries have imposed a travel ban on Ivory Coast’s Laurent Gbagbo, members of his family and key members of his government after Mr. Gbagbo failed to step down after being defeated in last month’s disputed presidential election.

The United States, United Nations, African Union, and European Union have all recognized Mr. Gbagbo’s challenger, Alassane Ouattara, as the winner of the country’s November 28 run-off presidential election. Mr. Gbagbo’s refusal to concede has plunged the country into violence and prompted fears of civil war.

Violence broke out on Thursday when supporters of Mr. Ouattara clashed with security forces loyal to Mr. Gbagbo.

On Saturday, Mr. Gbagbo declared that U.N. peacekeepers must leave Ivory Coast because the U.N. had certified his opponent as the winner. A Gbagbo spokeswoman said on state television that nine thousand U.N. peacekeepers and another nine hundred French troops supporting them were to leave immediately. Despite this order to leave, the U.N. has vowed to continue its mission.

U.N. High Commissioner for Human Rights Navi Pillay said on Sunday that over fifty people had been killed in the previous three days and that armed men had abducted hundreds from their homes in nighttime raids.

“The deteriorating security conditions in the country and the interference with freedom of movement of UN personnel have made it difficult to investigate the large number of human rights violations reported,” Pillay said on Sunday, from Geneva.

A resolution adopted unanimously on Monday by the U.N. Security Council condemned Mr. Gbagbo for clinging to power. The resolution urges all Ivorian parties “to respect the will of the people and the outcome of the election.” The Council also voted unanimously to extend the deployment of U.N. troops for another six months as violence continues in Ivory Coast.

The Security Council called on all parties to recognize Mr. Ouattara as Ivory Coast’s president.

French President Nicholas Sarkozy has warned that Mr. Gbagbo could face prosecution in the International Criminal Court and echoed the calls of the international community for Mr. Gbagbo to immediately stand down.

For more information, please see:

Al Jazeera – UN warns of Cote d’Ivoire abuses – 20 December 2010

AP – UN condemns intimidation of staff in Ivory Coast – 20 December 2010

Christian Science Monitor – Death squads reemerge in Ivory Coast as president contests election results – 20 December 2010

Reuters Africa – EU agrees travel ban on Ivory Coast’s Gbagbo – 20 December 2010

Wall Street Journal – U.S. Sanctions Ivory Coast Leader – 20 December 2010

President Chavez Now Rules By Decree

By R. Renee Yaworsky
Impunity Watch Reporter, South America

The bill enables Chavez to rule as dictator for 18 months. (Photo courtesy of Boston Globe)
The bill enables Chavez to rule as dictator for 18 months. (Photo courtesy of Boston Globe)

CARACAS, Venezuela—On Friday, Venezuelan legislators voted to allow President Hugo Chavez to rule by decree until 2012.  The bill, which is called the “enabling law,” was allegedly passed in order to safeguard the country during emergencies; but in essence, the law gives Chavez the power of a dictator.

The overwhelming majority of “lame duck” legislators agreed to pass the enabling law.  The National Assembly voted to give Chavez 18 months of unchallenged power.  Cilia Flores, assembly boss of the United Socialist Party, said the lawmakers’ act displayed their “revolutionary commitment.”  These legislators will be replaced by newly-elected ones who are critical of Chavez and his government.  The new lawmakers, who will consist of about one-third of the National Assembly, take office in less than three weeks.

The law was supposedly a response to the recent torrential rain in the country that caused significant damage.  President Chavez held “capitalism” responsible for the terrible weather.  Now, Chavez will have supreme control over Venezuela for the next year and a half, including taxes, the armed forces, land-use, and banking.

Chavez taunted opposition members after the bill passed, saying, “You won’t be able to make even a single law, little Yankees.  We’re going to see how you make laws now.”  Chavez refers to his critics as Yankees to imply that they are U.S. sympathizers.  The president has claimed to already have at least 20 decrees planned, including requirements for media operations and an increase in “Value-Added Tax.”

Numerous human rights groups, along with the U.S. State Department and the Inter-American Commission on Human Rights (IACHR), have criticized the “autocratic” seizure of control by Chavez.  The IACHR announced that the new law “assigns the president of the republic ample, imprecise, and ambiguous powers to dictate and reform regulatory provisions in the telecommunications and information technology sectors.”

According to Business Monitor International, the enabling law will prevent opposition members from altering “an increasingly radical policy trajectory.  This not only has negative implications for democratic legitimacy, but it also increases the threat of major political upheaval in 2012.”

Chavez has given no indication that he will relinquish any of his power, and quipped that “the empire” is attempting to thwart his “Bolivarian Revolution.”

For more information, please see:

The New American-Socialist Chavez Set to Rule Venezuela By Decree-20 December 2010

Washington Post-Venezuelan legislature grants Chavez decree powers-19 December 2010

Epoch Times-Venezuela’s Hugo Chavez to Rule By Decree-19 December 2010

United States Endorses UN Declaration on the Rights of Indigenous Peoples

By Erica Laster
Impunity Watch Reporter, North America

WASHINGTON, United States – United States President Barack Obama announced the decision of the United States to endorse The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on Thursday.  Adopted by the United Nations in 2007, the Declaration recognizes the fundamental rights and freedoms which indigenous people in the world are entitled to, banning discrimination against them.  Over 300 representatives of the nations federally recognized tribes were in attendance during the announcement at the White House Tribal Nations Conference.

President Obama announces endorsement decision of UNDRIP at the White House Tribal Nations Conference. Photo courtesy of nativelegalupdate.com.

Obama expressed concern that “by virtue of the longstanding failure to tackle wrenching problems in Indian Country, it seemed as though you had to either abandon your heritage or accept a lesser lot in life; that there was no way to be a successful part of America and a proud Native American.”

Part of the treaty requires “free prior and informed consent” by Tribal nations before the government takes actions which significantly impact Native Americans.

The first drafts of the treaty were written over 30 years ago.  Robert Coulter, the current executive director of the Indian Law Resource Center, was part of the first versions drafted and recognized the Declarations endorsement as the first of many steps in ensuring justice for Native Americans.

Coulter indicated that, “To see the promise of the declaration become a reality, we must continue to fight for laws, policies and relationships that take into account the permanent presence of Indian nations in this country, and throughout the world.”

“Washington can’t – and shouldn’t – dictate a policy agenda for Indian Country.  Tribal nations do better when they make their own decisions,” President Obama stated.

An estimated 350 million people of indigenous background live in the world.  The United States is home to approximately two million of them.  A number of tribal leaders and rights advocates urged the U.S. to re-evaluate its policies toward Native Americans.  The last country to endorse the Declaration, the United States support was preceded by Canada in November, New Zealand in April and Australia in 2009.

For more information please visit:

Inter Press Service – U.S., Last Holdout On Native Rights Declaration, Reverses Stand – 17 December 2010

Amnesty USA Blog – President Obama Endorses the UN Declaration on the Rights of Indigenous Peoples – 16 December 2010

United Nations Permanent Forum On Indigenous Issues – US Endorses Indigenous Declaration – 16 December 2010

17 African Leaders Indicted By The ICC

By Laura Hirahara
Impunity Watch, Africa

Post-election violence in Kenya Photo Courtesy Roberto Schmidt, AFP
Post-election violence in Kenya Photo Courtesy Roberto Schmidt, AFP

NAIROBI, Kenya- Last week the International Criminal Court (ICC) indicted a number of Africans from Uganda, Darfur, the DR Congo, and Kenya for genocide, crimes against humanity and war crimes as defined under the Rome Statute. Among those arrested are six Kenyan officials with ties to the 2008 voting violence that affected over half a million Kenyans and Sudan’s president, Omar al Bashir. Bashir has been charged with ten counts, including five counts of crimes against humanity, two counts of war crimes and three counts of genocide. The six Kenyans indicted are all members of the ruling Grand Coalition and have been implicated in the post -election violence of 2008 that left over 1,100 dead, three times as many injured and over 600,000 displaced.

To date, international arrest warrants against Bashir have not been enforced despite travelling to other ICC member African nations and being barred from attending African Union summits. ICC prosecutor Luis Moreno-Ocampo says despite doing the legal work necessary to bring Bashir to justice, he continues to commit crimes in Darfur. In a statement, Moreno-Ocampo said, “The African Union and Arab League are crucial to stop the crimes, alleviate the humanitarian situation and provide stability to the Sudan.” Bashir is not currently in custody.

Among the Kenyans arrested are Deputy Prime Minister Uhuru Kenyatta, Finance Minister Francis Muthaura, the Civil Service and Cabinet Chief and Industrialization Minister Henry Kosgey, currently suspended Higher Education Minister William Samoei Ruto, Head of Operations (KASS FM) Joshua Arap Sang, and former Police Commissioner and current Chief Executive of the Postal Corporation Mohamed Hussein Ali. The indictments against these officials stem from the violence in 2008 that lasted for over a month after their nation-wide election that many fear will be repeated after the upcoming 2012 elections. Said Prosecutor Moreno-Ocampo, “These were not just crimes against innocent Kenyans[.] They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

Kenyans who have come forward to act as witnesses against the ICC indicted are already being threatened and face being ostracized from their own communities. In Kenya, a country marked by strong tribal and ethnic divides that correlate to political loyalties, acting against one’s own group is viewed as a serious betrayal. However, many Kenyans wish to avoid the violence of 2008 and those willing will testify that political candidates and public officials spoke at rallies, urging Kenyans to violence as a means to meet their objectives. One young witness [name omitted] said he attended a rally where Samoei Ruto encouraged “[. . . ] the youth [to] prepare for violence, that the women should start crying in public to encourage the men to do violence.”

For more information, please see;

allAfrica.com- Kenya: ICC Has Indicted 17 Africans– 15 Dec., 2010

Afrique en Ligne- Kenya: ICC Strikes Heart of Kenya’s Grand Coalition Cabinet– 19 Dec., 2010

The Christian Science Monitor- Threat to Kenya’s ICC Witnesses: Traitors Will Be Dealt With ‘Ruthlessly’– 15 Dec., 2010

MSNBC.com- Prosecutor: Kenya’s Deputy PM is War Criminal– 15 Dec., 2010

M&C News- International Prosecutor Pushes For Arrest of al Bashir– 9 Dec., 2010

International Committee for the Red Cross Newsletter

ICRC
Regional Delegation for the United States and Canada


Click here to access the following stories from the ICRC December 2010 Newsletter:

  • Afghanistan: A People Trapped Between Sides
  • ICRC Presents Record Field Budget for 2011
  • Interview with Pierre Krahhenbuhl, ICRC Director of Operations
  • ICRC Selection of Photos 2010
  • Announcing the Winners of the ICRC Young Reporter Competition