A Voice for the Voiceless

By Laura Hirahara
Impunity Watch Reporter, Africa

JOHANNESBURG, South Africa- South Africa’s Protection of Information bill, currently in front of the African National Congress (ANC), is being attacked by many in the media as a constraint on the rights of the press.  The bill would allow the government to imprison journalists for anywhere between 3 and 25 years for disclosing information considered in the “national interest”.  Critics claim the ANC’s definition of “national interest” is too broad since it includes “all matters relating to the advancement of the public good [and] the survival and security of the state.”  The ANC claims it is simply trying to protect the government by curtailing sensationalism in the media.  However, many fighting the bill believe it is trying to prevent any unflattering news about the government from being published.
Anton Harber, a former editor who heads the journalism department at the University of the Witwatersrand, acknowledged there has been inaccuracy and dishonesty in South Africa’s media, stating “Has there been a reluctance to apologize timeously [sic] and appropriately? No doubt.”  Harber also stated there was a push amongst the editors in the industry to work together to end these problems with their reporters but the ACN’s bill had forced the media to close ranks and fight what they see as an attack on their fundamental freedoms.
Helen Zillie, a former reporter turned ACN opposition leader, says the restrictions posed by this new bill are worse than the apartheid measures she encountered while still a journalist.  During her time as a reporter in the 1970’s, she was found guilty of “tendentious” reporting for publishing a story that Black Consciousness leader Steve Biko had not died of a hunger strike while in custody, later proven to be true.  Groups and individuals like Zillie outside of the press have joined in their protests, forming large coalitions speaking out against the bill.  The South African National Editors Forum (Sanef) has enlisted almost 200 different civil organizations and individuals to join in a week of protests against the bill set to start today.  In a statement released Thursday, a dozen journalism schools in South Africa said, “[c]ritique can only bear fruit in an environment that allows for unhindered investigation, the gathering of sound empirical evidence and the free exchange of ideas.”

For more information, please see;

UPI– S. African Reporters Protest Media Tribunal– 18 Sept. 2010

AllAfrica– South Africa: Civil Groups to Protest Media Restrictions– 30 Sept. 2010

NYT– Proposed Media Law Causes Alarm in South Africa– 22 Sept. 2010

By Daniel M. Austin
Impunity Watch Reporter, Africa

NAROBI, Kenya – Over the objection of international officials, the Kenyan government has decided to let an agreement made with the European Union (E.U.) and other nations expire, thereby ending its practice of prosecuting Somali pirates.   This agreement was initially signed by Kenya and the E.U., United States, United Kingdom, Denmark, Canada, and China just over a year ago.  The contents of this agreement specified that the Kenyan government would hold, prosecute, and jail Somali pirates captured by international forces patrolling the coast of Africa. In exchange, Kenya would receive financial support from western countries to run this program and to strengthen its own judicial system.   Included in this agreement was a clause allowing Kenya to cancel the deal if six months notice is provided.  Thus, this agreement is set to expire as of September 30, 2010.

Since the agreement has been in place, more than 100 suspected pirates have been arrested by international forces and transported to Kenya for prosecution.  Despite this success, Kenya claims that the EU and other nations have not fulfilled their promises. Specifically, the western nations have not provided the financial support promised nor have they supplied the judicial and technical expertise to the Kenyan government as previously agreed.  Furthermore, Kenyan officials are concerned the security risks associated with trying Somali pirates are too high.

In response to these accusations, the western nations point to almost 3 million dollars (U.S.) that has been spent through the United Nation Office of Drugs and Crime (UNDOC) to support Kenya’s judiciary. Some of this money has been spent on creating a court specifically designed to prosecute Somali pirates.

Diplomats from the E.U. and other nations have been pressuring Kenya’s President Mwai Kibaki to reconsider his decision to end the prosecution of Somali pirates.  So far, the President has not been persuaded to resurrect these agreements.  Kenya’s decision comes at a time when piracy attacks continue to plague merchant ships traveling along the eastern coast of Africa including the Indian Ocean and the Gulf of Aden.   In fact, three ships in the Indian Ocean have been attacked during the past week alone.

For more information, please see:

BBC News Africa – Kenya Ends Cooperation in Hosting Somali Pirate Trials-1 October 2010.

Bloomberg Businessweek – Kenya Jails 11 For Piracy; Daily Nation Says Trials to End-1 October 2010.

Daily Nation – Kenya Cancels Piracy Trial Deals-30 September 2010.

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

KHARTOUM, Sudan – The United Nations Human Rights Council (UNHRC) voted Friday to extend the mandate of Mohamed Chande Othman, a human rights expert and observer, in Sudan.   The Council extended the mandate by a margin of seven votes despite opposition from a number of African nations who favored terminating the mandate.  19 nations ultimately voted against renewal.  In accordance with Saturday’s resolution, Mr. Othman will remain in Sudan for an additional year to monitor the human rights situation in the country.

Mr. Othman, a justice on Tanzania’s court of appeals, reported last September that he was concerned that the military crackdown in Sudan has resulted in numerous human rights violations.   The expert noted that rights violations in the country “represent a serious setback” for development in the country.   The UNHRC renewed Mr. Othman’s mandate just as Sudan gears up for a referendum which could be a catalyst for an independent South Sudan.  Mr. Othman stated “[i]t is essential that authorities uphold human rights principles as a way of ensuring a peaceful and credible referendum.”

The government of Sudan however, objected to UNHRC’s decision.  Government officials contend that the country’s human rights record is good when compared to other countries and accused European nations of having a double standard when it comes to human rights.   A representative of the Arab League also blasted Friday’s vote, arguing that the extension was the result of Western pressure and done for political reasons.

The government’s comments are hardly reassuring.   Militants have accused the government of ethnic cleansing as it seeks to subdue rebels throughout the country.  The Sudan Liberation Army, on Friday, alleged that Sudanese forces killed 27 civilians in its latest week-long assault in the region.  The International Criminal Court has also issued arrest warrants against Sudan’s president Omar Hassan al-Bashir for committing genocide and war crimes.

Although an intensive investigation into the government’s campaign against the rebels in Sudan will be necessary to determine the extent of human rights violations in the country, it is clear that the government will continue its aggressive assertion of force and is willing to accept collateral civilian casualties until peace is established.   As recently as last month, Mr. Othman urged the U.N. to initiate an investigation into attacks against civilians by Sudanese forces.  Since 2003 over 300,000 people have been killed and 2.7 million displaced as a result of the fighting.

For more information, please see:

Reuters Africa – Darfur Rebels Say Sudan Army Raids Kill 27 – 2 Oct. 2010

Sudan Tribune – U.N. Rights Expert’s Mandate in Sudan Extended Despite Arab and African Objections – 2 Oct. 2010

Agence France Presse – U.N. Rights Council Keeps Sudan Under Scrutiny – 1 Oct. 2010

Associated Press – U.N. Expert Urges Probe of Recent Attacks in Darfur – 14 Sept. 2010

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

Mogadishu, Somalia – Fighting erupted again today in Mogadishu as Somali forces, backed by African Union peacekeepers, sought to reassert control over the capital.   At least seven people were killed in the clashes when a shell fired by Somali forces hit a bus.  In addition to the rising death toll, the latest U.N. report indicates that over 12,000 Somalis have fled Mogadishu over the last month. 

Islamic militants have been able maintain their foothold in Mogadishu and surrounding cities and have dug in for a tough fight to repel government forces.  Roughly 7,500 African Union peacekeepers have been committed to the country to support the ill equipped Somali forces.   The AU is currently investigating a plan to increase its troop presence in Somalia to 20,000 peacekeepers.

This added support however, has not deterred new recruits from joining the ranks of Al-Shabaab.  New reports have found that Al-Shabaab has been able to attract a significant amount of foreign fighters to join their ranks by offering them money to fight.  Fighters are said to receive $250 per month in exchange for their services fighting the Somali government.   At least two dozen Americans have gone to Somalia to fight with militant groups. 

The United States has sought to expand its engagement in Somali by increasing ties with the semi-autonomous regions in the country in order to stem the flow of recruits to Al-Shabaab.  The government hopes it can leverage friendly relations with the leaders of these regions to maintain stability in the country.  The U.S. currently provides political and military support to the government in its fight to neutralize Islamic militants.   Some analysts claim that the U.S. is also responsible for the Thursday’s mysterious helicopter attack against a group of militants. 

As if matters weren’t bad enough, another development is creating additional pressures on the government to defeat the militants.  Merger talks between Hizbul Islam, a group fighting alongside Al-Shabaab, and the al-Qaeda affiliated group, are in their final stages.   Despite a current standstill in negotiations, it is likely that the two groups will reach a final unification agreement.  Leaders of both groups reaffirmed their joint commitment against the government and those who support it.   In July, Al-Shabaab took responsibility for an attack in Uganda which killed over 75 people.  The attack was said to be retaliation for Uganda’s decision to join the AU peacekeeping force.    

For more information, please see:

The Tripoli Post – US Boosts Ties with Break-Away Somalia Regions – 3 Oct. 2010

The Hindu – Clashes in Somalia Leave Seven Dead – 2 Oct. 2010

Sunday Vision – Somalia Al-Shabaab Paid $250 to Die – 2 Oct. 2010

Reuters Africa – Somali Rebel Merger Talks Halt But Will Go On – 29 Sept. 2010