Peace Negotiations Watch

PEACE NEGOTIATIONS WATCH

Friday, October 15, 2010
Volume IX, Number 38

In this issue:

CONFLICT UPDATES

Bosnia
Burma
Georgia
Kashmir
Kenya
Nepal
Somaliland
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Thailand
Uganda
Zimbabwe

Bosnia

Izetbegovic Vows to Protect Bosnia Unity Amid Serb Ambitions
World Bulletin, October 6, 2010
Bakir Izetbegovic, the newly elected Bosniac member of Bosnia’s tripartite presidency, expressed his determination to achieve a unified Bosnia with a strong central government respectful of all ethnic groups.  He said that nationalist sentiments in the Republika Srpska can be contained by reason and negotiation.  He also underscored the Bosniac commitment to playing a lead role in the dialogue on constitutional reform and European integration.

Fuele Tells Bosnian Leaders to Embrace Reforms
Balkan Insight, October 8, 2010
European Union (EU) Enlargement Commissioner, Stefan Fuele, urged new Bosnian leaders to cooperate and begin implementing reforms.  Bosnia is lagging behind in the EU integration process compared to other Balkan states.  He strongly recommended that the issue of EU accession be placed at the center of the government’s political agenda, starting with reforms to increase the efficiency of the state.

Secretary Clinton Embarks on Balkans Diplomacy Tour
Voice of America, October 8, 2010
Secretary of State Hillary Clinton started her Balkans tour in Bosnia and Herzegovina.  Secretary Clinton will reaffirm the United States’ support for Bosnia’s peace and relative stability while also urging EU and North Atlantic Treaty Organization (NATO) integration.  She is scheduled to meet with Valentin Inzko, the United Nations (UN) High Representative for Bosnia, the newly elected members of the state Presidency, and possibly with Milorad Dodik, Republika Srpska’s new President.

Burma

Six Parties Form Pro-Democracy Alliance
The Irrawaddy, October 5, 2010
Six Burmese opposition parties have formed an alliance to increase the strength of pro-democracy parties in the upcoming election.  The National Democratic Force, the Shan Nationals Democratic Party, the Rakhin Nationals Development Party, the Chin National Party, the Union Democratic Party, and the League for Democracy and Peace have joined this alliance.  The parties hope that the alliance will increase their financial and human resources, thereby increasing the chances that their candidates will be elected.  The leaders of the six parties have urged the Burmese people not to boycott the election, despite the call for boycott made by Suu Kyi’s National League for Democracy (NLD) earlier this year.

Aung San Suu Kyi Launches Legal Battle Over Elections
BBC, October 5, 2010
Aung San Suu Kyi’s lawyers have launched a lawsuit in the Supreme Court in Rangoon to challenge the junta’s decision to dissolve the NLD.  The lawyers argued that the Electoral Commission (EC) lacks the authority to abolish the NLD because the NLD had never registered with the EC.  Although critics say that the legal action is mainly symbolic, a lawyer for Suu Kyi stated that the NLD wanted to show it had not given up fighting for democracy.

The Junta-Backed Yuzana Company’s Workers Are Armed for Civil War With the Kachin Independence Organization
Kachin News, October 6, 2010
The junta has armed and trained workers of the Yuzana Company in Kachin State to prepare them for a civil war against the Kachin Independence Organization.  Awng Wa, chairman of the Kachin Development Networking Group, expressed concern that Yuzana workers may use threats to coerce the local population to vote for the Union Solidarity and Development Party (USDP).  In addition, company sources said that military leaders had ordered workers to transport 200,000 ethnic Burmese people to the area prior to the November 7 election to outnumber the native Kachins and vote for the USDP.

Georgia

NATO Chief Says Alliance Committed to Georgia Membership
Radio Free Europe Radio Liberty, October 1, 2010
NATO Secretary General Anders Fogh Rasmussen said that NATO remains committed to granting membership to the Republic of Georgia, praising the country for its contributions in Afghanistan.  The comments came at the opening ceremony for a new NATO liaison office in Tbilisi, the Georgian capital.  NATO leaders agreed in 2008 to grant membership to Georgia but have not granted pre-membership status following Georgia’s 2008 war with Russia.

Georgia: No Link Between Russian Pullout and WTO Vote
Radio Free Europe Radio Liberty, October 8, 2010
Georgian Vice President Nika Gilauri has denied any relationship between Georgia’s pending vote on Russia’s application to join the World Trade Organization (WTO) and Georgia’s demand that Russia remove its forces from Abkhazia and South Ossetia.  Gilauri said that Georgia will support Moscow’s bid to join the WTO if it makes customs checkpoints in Abkhazia and South Ossetia transparent, as required by the WTO.

Kashmir

India Names Mediators to Hold Kashmir Dialogue
BBC, October 13, 2010
The Indian government has appointed three mediators in an attempt to begin a dialogue with people in Indian-administered Kashmir.  According to Indian Home Minister P. Chidambaram, the government hopes to start a sustained dialogue with all Kashmiris, including political parties.  The mediators include an Indian journalist, a bureaucrat, and an academic on Kashmir.  Both the hard-line and moderate faction leaders of the separatist All Party Hurriyat Conference of Kashmir have dismissed the move as meaningless, calling the mediating team another offensive “joke” played on Kashmir by the Indian government.

Dialogue With India to Focus on Kashmir: Qureshi
Pakistan Observer, October 13, 2010
In a briefing to the Senate Standing Committee on Foreign Affairs, Pakistan’s Foreign Minister Shah Mehmood Qureshi said that Kashmir must be at the top of the agenda for any future engagements with India.  He added that Pakistan is not interested in another “photo session” and that it is time for a results-oriented dialogue.  Qureshi condemned the violence against Kashmiri civilians by Indian security forces, calling it a violation of basic human rights.  He insisted that Pakistan will continue to provide moral, diplomatic, and political support to the people of Kashmir.

Kenya

PNU and ODM Near Deal on Law Team
Daily Nation, October 9, 2010
Party of National Unity (PNU) Member of Parliament (MP) Abdikadir Mohammed gave up his chairmanship of the Legal Affairs and Justice Commission and his post as Chairman of the Parliamentary Committee on Justice in order to sit on the Constitutional Implementation Oversight Committee (CIOC).  The dispute over who should chair the CIOC has renewed animosity between the PNU and Orange Democratic Movement (ODM).  The ODM party, which has a majority in the House, has said that it is unfair for a PNU MP to chair more than one powerful committee that will monitor the implementation of laws.

We Are Running Out of Time, Justice Minister Warns Members of Parliament
Daily Nation, October 9, 2010
Justice Minister Mutula Kilonzo called on Parliament to institute special procedures to simultaneously table multiple bills in order to meet the deadlines for implementing the new laws.  Kilonzo is particularly concerned that the Judicial Service Commission, the Commission on Revenue Allocation, and the Commission on the Implementation of the Constitution have not been set up in time to meet the schedule.

Cabinet Team to Draft Rules to Guide ICC Probe
Daily Nation, October 10, 2010
Justice Minister Mutula Kilonzo announced that a Cabinet subcommittee is set to draft regulations that will govern how the International Criminal Court (ICC) will record statements from government officials.  Following the controversy over Kenyan officials’ initial rejection of the ICC’s request for interviews without a judge present, Judge Kalpana Rawal has been appointed as a witness to the interviews.  The ICC will interview Provincial Commissioners, police officers, and district commissioners who were posted in the areas affected by the post-election violence.  Kilonzo also announced that the subcommittee would review security meeting minutes to determine whether security chiefs ordered the killing of civilians.

Nepal

Twenty-Seven Parties Talk Constitution
The Kathmandu Post, October 5, 2010
The Chairman of the Constituent Assembly called a meeting of twenty-seven parties in the Assembly to discuss their differences in the constitution-drafting process, including the model of government to be implemented.  Major points of disagreement include the balance of power between the President and Prime Minister and the manner of electing the posts.

No PM in Nepal Despite Twelve Rounds of Polls for Post
Press Trust of India, October 10, 2010
Nepal’s Parliament has failed to elect a Prime Minister for the twelfth time in a row.  The sole candidate, Ram Chandra Poudel from the Nepali Congress (NC), remained adamant about not quitting the race despite another abstention by the Maoists and the Communist Party of Nepal-United Marxist Leninist.  Poudel received a total of eighty-nine votes, the lowest number of votes registered thus far.

Three-Party Meet Inconclusive
Republica, October 10, 2010
The Maoists, NC, and CPN-UML have failed to reach an agreement to end the political stalemate in Nepal.  In a meeting at the Maoist parliamentary party office on October 10, the NC again rejected the Maoist request to withdraw its prime ministerial candidacy.  The Maoists in turn declined the NC’s request of a packaged political deal that includes the integration and rehabilitation of former Maoist combatants and the return of property seized by the Maoists.

Somaliland

President Siilanyo Meets British Delegates
Somaliland Press, October 4, 2010
Delegates of the British government met with Somaliland President Ahmed Mohamed Mahamoud Siilanyo to discuss development in Somaliland.  At the meeting, Siilanyo re-stated his commitment to combating terrorism and piracy and stressed the need for cooperation with neighboring countries to work on security and stability.

Sudan: Darfur

Sudan and Darfur Rebels Agree to End Direct Talks Within Two Weeks
Sudan Tribune, October 6, 2010
The Government of Sudan and the Liberty and Justice Movement (LJM) agreed that peace talks would start from where they left off last August and would aim to settle all outstanding issues within two weeks.  Following these direct negotiations, the mediation will draft the final peace agreement.  The mediation expressed the hope that any agreement signed by the Government of Sudan and LJM will also serve as a basis for discussion with other rebel groups.

UN Members Confront Sudan Over Darfur Violence
Associated Press, October 8, 2010
During the U.N. Security Council delegation visit, British Ambassador to the UN Mark Lyall Grant disputed statistics presented by the governor of North Darfur that showed a decrease in violence over the past few years.  Grant countered the government’s information with statistics indicating that violent deaths had more than doubled in the past year.

Negotiating Parties in Doha Score Progress
Sudanese Media Center, October 11, 2010
The Government of Sudan and the LJM recently deliberated issues of power sharing and transitional justice in the Doha Peace Talks.  Sudanese government spokesman Omar Adam Rahama stated that the negotiators have made progress on reconciliation, justice, and compensation mechanisms.  Rahama reiterated the commitment of both parties to reach sustainable peace for Darfur.

Sudan: Southern Sudan

Kadhafi Warns Against ‘Contagion’ of Sudanese Partition
AFP, October 10, 2010
Libyan leader Moamer Kadhafi warned at the Arab-African summit that a vote for independence in Southern Sudan could lead to partition of other African states.  Attendees of the summit also expressed concerns relating to regional security and stability following the referendum.  Participants adopted a declaration that underscored their respect for Sudanese sovereignty and rejected the International Criminal Court’s indictment of Sudanese President Omar al-Bashir.

Tensions Rise Ahead of Sudan Vote
Wall Street Journal, October 11, 2010
While the UN and world leaders are increasing diplomatic efforts to ensure a peaceful referendum, leaders in Sudan are escalating their rhetoric, stressing the dangers of conducting the referendum without first resolving technical issues.  A number of technical issues remain ahead of the referendum, including registering voters and determining criteria for voter eligibility.  Several UN diplomats have expressed the belief that delaying the referendum by no more than one month in order to iron out the technical issues could prevent the outbreak of another war.

Khartoum Rejects Deployment of UN Troops on North-South Sudan Border
Sudan Tribune, October 11, 2010
The Sudanese government has asked UN officials not to deploy peacekeeping forces along the north-south border, saying such action is inconsistent with the Comprehensive Peace Agreement.  Southern Sudan’s President Salva Kiir recently requested peacekeeping forces to be installed ahead of the referendum.  While the UN may consider the request, it is unclear whether they will accede to the appeal, as it is currently beyond the UNMIS mandate.

Tanzania

Tanzania the Best Governed Country in EA Says Mo Ibrahim Foundation
The East African, October 6, 2010
Tanzania was voted the best-governed state in East Africa and ranked 15th among the 53 African states by the 2010 Mo Ibrahim Index of African Governance.  This index assesses progress made by African states in terms of overall governance, safety and the rule of law, participation and human rights, sustainable economic opportunity, and human development.  However, Tanzania’s high index score does not match its lagging performance on the Millennium Development Goals.  Tanzania ranks low in every indicator measured as part of the Millennium Development Goals.

EU Observers in Tanzania for Polls
EUbusiness, October 7, 2010
The EU will send 68 observers to Tanzania for the state’s general elections to be held on October 31, 2010.  This monitoring team will observe all aspects of the elections, including electoral campaigns, preparations for the vote, ballot counting, and results.  The observers will also assess the overall management of the elections, as well as media coverage and participation of women.  While Tanzania’s Foreign Affairs Minister welcomed EU monitoring, he also warned against interference in the polls, stressing that the observers’ mission is to observe and report their findings, rather than regulate the process.  The incumbent President Jakaya Kikwete is expected to win despite strong opposition.

Tanzania Women Politicians Feel Sidelined by Media Ahead of Elections
The Citizen, October 9, 2010
Civil society in Tanzania has called on the media to provide equal coverage of male and female politicians for the upcoming general election.  Tanzanian media coverage of female politicians is currently negligible compared to that of male politicians, who dominate the news both as sources and as the subjects of news articles.  Female politicians complain that the media does not seek out their views, which limits their ability to campaign and reach out to voters.  If the disparity in media coverage is not addressed, Tanzania may fail to reach the 2015 goal of gender parity in political decision-making set by the Southern African Development Community’s (SADC) Protocol on Gender and Development.

Thailand

Thailand Extends Emergency Decree
UPI, October 5, 2010
The Thai government has decided to extend the state of emergency in Bangkok and three surrounding provinces for an additional three months past the original October 6 end date.  According to a government spokesperson, the decree was extended in response to the continued instability in the capital.

Thai Leader Defends Crackdown as Way to Ensure Stability
New York Times, October 7, 2010
While acknowledging that human rights violations may have occurred, Thai Prime Minister Abhisit Vejjajiva defended his government’s emergency policies, saying that the actions were necessary to ensure safety and stability in Thailand.  Abhisit compared his government’s policies to those of other democratic states, and reaffirmed his commitment to remedying human rights violations that have occurred as a result of them.

Thousands of Thai “Red Shirts” Demand Prisoner Release
Reuters, October 10, 2010
At least 7,000 anti-government protesters gathered in Bangkok on October 10 to demand that the government release protesters detained after the violent protests in May.  The protest was the second biggest gathering since September, when some 10,000 people came together as a sign of the revival of the “Red Shirt” movement.  The gathering took place despite the continuation of the state of emergency that has permitted the detention of nearly 175 activists.

Uganda

Uganda LRA Rebels Extend Reach With New Attacks
Reuters, October 8, 2010
The Lord’s Resistance Army’s (LRA) presence has increased in the northern region of the Central African Republic, as evidenced by increasing violent attacks on the civilian population in the region.  On October 4, five civilians were killed in the northern town of Moanda.  It is estimated that the LRA has 300 to 400 active combatants in the area.  The instability has discouraged foreign investment in the mineral resources of the country and has added to the decline in regional security.

Army Recovers 30 Guns in Kaabong
Daily Monitor, October 8, 2010
The Uganda People’s Defence Forces (UDPF) has confiscated 30 sub machine guns and 105 rounds of ammunition from Karimojong warriors in Kaabong District.  In addition to confiscating the weapons, the Ugandan army has also attempted to block the corridors of illegal arms exchange between the Kaabong District and other countries such as Sudan and Kenya.  The recovery of weapons is part of a long-term disarmament effort in the region.

Uganda’s Army Under Scrutiny for Rights Abuses in Karamoja
The East African, October 11, 2010
The UDPF has been accused of human rights violations including murder, torture, rape, and arbitrary detention in connection with their disarmament campaign of the Karimojong in the Karamoja district of Northern Uganda.  In the early 1990s the Karimojong, a nomadic people, often used deadly force in their cattle raids in Northern Uganda, Kenya, and Sudan.  In order to control violence in the region, the UDPF lead a largely successful disarmament campaign that significantly decreased the presence of militant forces in the region and reduced the illegal exchange of weapons.

Zimbabwe

World Bank Not Yet Ready to Fully Engage Zimbabwe Government- Official
Voice of America, October 8, 2010
The Zimbabwe World Bank Manager, Peter Nicholas, announced that while the World Bank may provide US$2.7 million to Zimbabwe to help rehabilitate the country’s failing water and sanitation infrastructure, it will not start funding major projects in Zimbabwe until it decreases its US$6.7 billion debt.  The Zimbabwe Finance Minister and Economic Planning Minister have encountered difficulty obtaining international assistance with Zimbabwe’s debt due to a failure to address human rights transgressions.

Harare Residents Express Anger Over Delayed Constitutional Outreach Meetings
Voice of America, October 8, 2010
Harare residents have expressed considerable anger and frustration following the cancellation of several outreach meetings of the Parliamentary Select Committee on Revising the Constitution in September.  The Committee has also failed to release dates when these meetings will be rescheduled, further contributing to this frustration.  Harare Residents Trust Coordinator Precious Shumba stated that the delays are intended to deny residents their democratic rights, and that Harare residents and civil society groups are considering holding protests to demand the meetings be held.

Zimbabwe’s Unity Government in Trouble
Voice of America, October 8, 2010
Experts have expressed concern over the stability of the Zimbabwe government amid accusations by Prime Minister Tsvangirai that President Mugabe violated the constitution by unilaterally appointing provincial governors.  Tsvangirai has refused to recognize any of Mugabe’s appointments and called upon Mugabe to return the country to constitutional rule.

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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Wiretapping Investigation Opens in Colombia

By R. Renee Yaworsky
Impunity Watch Reporter, South America

Former president Uribe. (Photo courtesy of Colombia Reports)
Former president Uribe. (Photo courtesy of Colombia Reports)

BOGOTA, Colombia—An investigation into Colombia’s former president Alvaro Uribe has been opened by the Accusation Commission of the Colombian House of Representatives.  The investigation, which began on Tuesday, will discover any role Uribe may have played in the illegal wiretapping of political opponents.  The scandal has been called “far worse than Watergate” by the Washington Office on Latin America.

Numerous  officials who served under Uribe have also been under fire.  Bernardo Moreno, who was Uribe’s personal secretary, was convicted of illegally wiretapping politicians, journalists, human rights organizations, and Supreme Court magistrates.  Moreno was banned from holding any public office for 18 years.

Andres Felipe Arias, who served under Uribe as agricultural minister, is also being investigated for allegedly funneling millions of dollars in state subsidies for impoverished farmers into affluent families.  It is believed that the money went to landowners and agro-industrial companies that supported Uribe in his 2006 presidential campaign.  Arias is a familiar name to many Colombians as he recently ran for president against the current President Santos.

Although Uribe has admitted responsibility for Moreno’s acts, he has fervently defended his administration.  “We avoided allowing the guerrillas and paramilitaries who took the country to turn Colombia into a failing state,” he recently posted on the social networking website Twitter.  Uribe also Tweeted about the accomplishments of his presidency, such as battling poverty and extraditing drug traffickers.

Uribe is now teaching at Georgetown University and continues to be an object of controversy.  Last month, while giving a lecture, Uribe was protested by demonstrators outside; inside, a student approached the former president and confronted him about his poor human rights record.

“This was Uribe trying to clean his image, basically, in front of our future leaders,” the student later told Newsweek.  “He needs to be put in front of a criminal court.”

More than 150 scholars, including 10 Georgetown professors, have signed a petition calling for Uribe’s termination from his Georgetown post.  The accompanying letter, composed by a priest, stated that Uribe’s position at the institution “is not only deeply offensive to those Colombians who still maintain moral principles, but also places at high risk the ethical development of the young people who attend our university.”

For more information, please see:

Colombia Reports-Uribe mounts Twitter defense of policies-14 October 2010

Radio Netherlands Worldwide-Colombia’s Congress Investigates ex-president Uribe-13 October 2010

Newsweek-Appointment of Colombian Ex-President Sparks Controversy at Georgetown-13 October 2010

Colombia Reports-Congress opens wiretap investigation against Uribe-12 October 2010

Retired Chinese Officials demand more freedom

By Joseph Juhn
Impunity Watch Reporter, Asia

BEIJING, China — Two dozens of retired Chinese Communist Party members who once led the country under the leadership of Mao Zedong former Chairman, have challenged the government and called for freedom in speech and press.

The group, drawn from the military, state media, and academia, bluntly criticized the party’s Central Propaganda Department as an “invisible black hand” powerful enough to censor the prime minister Wen Jiabao’s call for greater political openness and an end to government control of media outlets.

The open letter by party elders including Li Rui, Mao’s secretary, was published on the Internet.

“What right does the Central Propaganda Department have to muzzle the speech of the premier?’’ stated the letter, referring to a branch of the party that focuses on ideology. “What right does it have to rob the people of our nation of their right to know what the premier said?’’

In late August, during a visit to the economically vibrant city of Shenzhen, Wen made remarks on the need for the Chinese government to adopt democratic election system. His speech, however, were never reported in most of the strictly controlled mainland press. Wen’s remarks to the U.N. General Assembly were also similarly vetted and removed in the mainland media when he made references to political reform.

The letter was released amid escalating tension following the award of the Nobel Peace Prize to imprisoned Chinese democracy activist Liu Xiaobo.

The Chinese government continued to express its vilification as it cancelled another meeting with Norwegian officials and denouncing the award as an offense to the Chinese people and a cunning plan to try to change the country’s political system.

“Some politicians from other countries are trying to use this opportunity to attack China,” Ma Zhaoxu, a Foreign Ministry spokesman, told reporters on Tuesday. He added that the prize, announced Friday, “shows disrespect for China’s judicial system” because the recipient is a convicted criminal under the Chinese law.

Liu was given the Peace Prize for his courage and struggle to advocate for human rights and democracy, the Nobel committee said Oct. 8. The 54-year-old political dissident was ordered jailed last year for 11 years for organizing Charter 08, an open letter demanding democratic elections and freedom of assembly, which are guaranteed in China’s constitution.

Although initially signed electronically by thousands of intellectuals, students and former Communist Party officials, Charter 08 has since been blocked on the Internet and is hardly known to any Chinese.

In the meantime, Liu’s wife updated her Twitter account harshly criticizing the government for keeping her under house arrest and said she hopes to travel to Norway to accept the prize on behalf of her husband.

In response to her confinement, Richard Buangan, a United States Embassy spokesman, said in an e-mail, “her rights should be respected, and she should be allowed to move freely without harassment.”

“We urge China to uphold its international human rights obligations and to respect the fundamental freedoms and human rights of all Chinese citizens,” he added.

For more information, please see:

The Boston Globe – Chinese elders call for more freedom – 14 October 2010

The New York Times – Beijing Calls Nobel Insult To People Of China – 12 October 2010

The Washington Post – In China, silence greets talk of reform – 13 October 2010

“Viva Palestina” Will Bring Aid to Palestinians in Gaza

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – The aid flotilla “Viva Palestina” will depart this weekend from Syria in route to Egypt in order to deliver much needed aid and goods to Palestinians in Gaza.  “Viva Palestina” is said to be the largest aid convoy to break the Gaza embargo.  Despite international pressure, Egypt announced today that it will allow the flotilla to dock at its Al-Arish port in order to facilitate the transportation of goods into Gaza.  The government however, noted that it will prohibit George Galloway, the British ex-parliamentarian who is a member of the convoy, from entering the country as he is considered a persona non grata, literally meaning “an unwelcome person.”   

Viva Palestina Bound for Gaza this Weekend (Photo Courtesy of Palestine News Network)
Viva Palestina Bound for Gaza this Weekend (Photo Courtesy of Palestine News Network)

Accompanying this convoy are 40 survivors of the fatal aid flotilla crisis this summer.  The main ship in the flotilla is said to be carrying 380 activists from 42 countries, 147 vehicles and about $5 million in medical aid to Gaza.  Kevin Ovednen, the leader of the convoy, announced his pleasure with the Egyptian government’s decision, stating “[w]e are anxious to get to Gaza as soon as possible to deliver the goods and to show the people of Gaza that we have not abandoned them.”  

Egypt’s decision to refuse entry to George Galloway comes in response to clashes instigated by aid providers led by Galloway against Egyptian police in January of this year.  Fighting erupted when the aid providers and a convoy of aid carrying vehicles were denied entry into Gaza.  Commenting about Egypt’s decision to deny him access this time around, Galloway stated “I was not deported from Egypt and I am not ‘persona non grata’ there.”  He further commented “I have no wish to have a fight with the Egyptian government; my fight is with Israel.”

Israel imposed the embargo on the Gaza Strip in June 2007 after Hamas too control of the area.  The embargo covers numerous food items, medical supplies, and infrastructural products like cement.  Palestinians in the Gaza Strip have been forced to suffer food shortages and extended periods of time without electricity and gas.  Since the flotilla incident in May, Israel has eased some of the restrictions imposed under the blockade.  The recent exceptions however, have only had a marginal effect on addressing the humanitarian crisis in Gaza and the freedom of movement of Palestinians in Gaza remains very limited. 

For more information, please see:

Al-Jazeera – Egypt Grants Passage to Gaza Convoy – 14 Oct. 2010

CNN World News – New Aid Convoy Departing for Gaza This Weekend – 14 Oct. 2010

Jerusalem Post – ‘Viva Palestina’ Aid Flotilla Set to Depart for Gaza – 14 Oct. 2010

Palestine News Network – Egypt Allows Viva Palestina Aid Convoy Into Gaza – 14 Oct. 2010

Congolese Warlord’s Trial to Resume

By Daniel M. Austin
Impunity Watch Reporter, Africa

Congolese Warlord Thomas Lubanga (Photo courtesy of All Africa)
Congolese Warlord Thomas Lubanga. (Photo courtesy of All Africa).

THE HAGUE, Netherlands-The International Criminal Court (ICC) ruled that Mr. Thomas Lubanga, the rebel warlord from the Democratic Republic of the Congo (DRC), will remain in custody after his trial was suspended for prosecutorial misconduct. The decision delivered October 8, by the ICC’s Appeals Chamber’s President Sang-Hyun Song, overturned a lower court’s ruling that called for ending Mr. Lubanga’s trial and releasing him.  Mr. Lubanga is on trial for war crimes, which included enlisting child soldiers under the age of 15 to fight for his militia.

This is the first case tried under the ICC’s specially designated war crimes court. However, the trial has been wrought with problems since beginning in January 2009 including issues with witness testimony as well as charges of prosecutorial misconduct. The conduct of the chief prosecutor, Luis Moreno-Ocampo, was the foundation for the recent Appeal Chamber’s ruling.

Thomas Lubanga stands accused of leading the Union of Congolese Patriots (UCP) – a rebel group that has fought for control of the resource-rich Ituri region, which is located in eastern DRC. The fighting, which occurred between September 2002 and August 2003, transformed a land dispute into an ethnic war between members of the Hema and Lendu tribes. It is estimated that as many as 50,000 people were killed during this war and several hundred thousand more were left homeless.

Mr. Lubanga’s trial was suspended on July 8, 2010 because of accusations the prosecutor had disobeyed court orders and did not follow court procedures. In particular, Mr. Moreno – Ocampor did not release the name of an investigator who worked for the prosecution as an intermediary tasked with finding witnesses for the trial. This individual has been identified as “intermediary 143”. The prosecution insisted that if the intermediary’s name was released before adequate safety protection was in place, he could be harmed.  The prosecution has subsequently released the name of the intermediary.

The Appeals Chamber found the actions of the prosecution intrusive to the powers of the judiciary but did not find the conduct so severe that the trial could not continue. Furthermore, the Appeals Chamber ruled that the trial court should have used more appropriate measures to deal with this prosecutorial misconduct.  In their ruling, the trial court should have given the prosecution time to comply with their court order before suspending the proceedings.

For more information, please see:

Al-Jazeera — DR Congo warlord’s trial to restart — 8 October 2010.

All Africa   — The Appeals Chamber Reversed the Decisions to Stay Proceedings and to Release Thomas Lubanga Dyilo — 8 October 2010.

BBC Africa — Thomas Lubanga: ICC trial of DR Congo warlord to resume — 8 October 2010.

Reuters Africa – War crimes court to rule on warlord’s release — 8 October 2010.