Convicted Kenyan Aristocrat Released

By Kylie M Tsudama
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Thomas Cholmondeley was released from prison on Thursday after serving more than two years.

“He has already left Kamiti [maximum prison].  I understand he is already at the farm,” said Cholmondeley’s lawyer, Fred Ojiambo.

Cholmondeley, the great-grandson of the third Baron Delamere, one of Kenya’s first white settlers, shot and killed Robert Njoya on his family’s estate in Rift Valley ranch.  This shooting was the second time in just over a year that he shot a black man.

He had previously faced murder charges after he killed a Maasai game park ranger in 2005.  Cholmondeley was acquitted, however, for lack of evidence. This time around he denied killing Njoya, saying that he and his friend only shot and killed dogs when they fired at the poachers trespassing on the property.

Cholmondeley’s charge was reduced from murder to manslaughter.  When High Court judge Muga Apondi read the sentence on May 14 he said that the killing was not premeditated and that Cholmondeley showed concern for the victim.  Also, he had already spent 1,097 days in custody.  The prosecution appealed the verdict, saying it was “gross miscarriage of justice” but so far there has been no ruling.

Earlier this year Cholmondeley was sentenced to eight months in prison for shooting Njoya, who he believed to be poaching on his property.

Racial tensions stirred after Njoya’s killing, re-opening wounds of Kenya’s colonial history.  Cholmondeley’s trial was one of the most high-profile in Kenya’s post-independence history.

“It’s now clear that we have two sets of law in Kenya.  My family continues to suffer after the brutal killing of my husband and the bread winner,” said Lucy Sisina, the widow of the ranger Cholmondeley killed in 2005.

Naivasha residents and relatives originally thought Cholmondeley’s May release date was too early and are upset at his even earlier release.  The release has caused some from the local black Kenyan community to believe that a colonial-era two-speed judiciary is still in place in the country.

Commissioner of Prisons Isaiah Osugo said that they often release prisoners a few months early if their release date is coming up.

“I can’t believe that he is free,” said Njoya’s wife, Sarah.  “There is nothing I can do.  This is beyond me.”

For more information, please see:

CNN – Kenyan Aristocrat Freed From Prison – 24 October 2009

AFP – Kenyan British Aristocrat Freed – 23 October 2009

AP – White Kenyan Aristocrat Released from Prison – 23 October 2009

BBC – Convicted Kenya Aristocrat Freed – 23 October 2009

NY Times – Kenya: Aristocrat Out of Prison – 23 October 2009

People’s Committee for Political Reform in Tonga Hopes to Submit Petition for New Prime Minister

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – The People’s Committee for Political Reform in Tonga hopes to present a petition to the King requesting for a new Prime Minister. The petition is in accordance with the Tongan Women’s National Congress, who also seeks the replacement of the current Prime Minister, Dr. Feleti Sevele.

The leader of the protest for women’s rights, Mele Amanaki, has continued to pray and fast until Sevele is replaced. Amanaki and other members of the Tongan Women’s National Congress have been fasting for almost two weeks in a protest against the poor governance of Sevele. They argue that the Sevele administration’s blatant failure to recognize women’s rights and the injustices they suffer must come to an end.

On October 22, 2009. Amanaki started drinking water after eight straight days of fasting. However, the King did not respond to her petition seeking the replacement of Sevele. In response, Amanaki stated: “I have faith in God that he’s going to grant what we want and it’s amazing the strength that he gives me. It’s not that I could go and run a marathon but to be able to go without food for 10 days I just praise the Lord because he’s the one who gives me strength.”

Currently, approximately 800 women are fasting one day a week in support of the protest.

On October 23, 2009, the People’s Committee for Political Reform in Tonga announced that it hopes to present a petition calling for the replacement of Sevele. The petition has close to 6,000 signatures, and follows the petition of Amanaki and the Tongan Women’s National Congress.

A representative of the People’s Committee for Political Reform, Isileli Pulu, criticizes the current administration’s handling of various issues, including the rising crime rate against women. She states that the two organizations are supporting each other, and they are “hoping that the King will make a wise decision on how to handle this because this is not the first time for us to submit a petition for the Prime Minister to resign and hopefully the King will concede our petitions and act likewise.”

Opponents to the hunger strike do not believe that protesting in this manner is the appropriate way to overthrow Sevele. The chairperson of Tonga’s Civil Society Forum, Drew Havea, stated that the Forum does not “condone a protest hunger strike aimed at toppling the Prime Minister.”

The Civil Society Forum opposes the same issues as does the Tongan Women’s National Congress, but it does not agree with the approach the Congress is taking. Havea stated that the Civil Society Forum belongs to “a Christian denomination and we don’t think it is God’s will for us to take our lives. I mean the issues we need to work in whatever ways, we can support, but not to commit suicide.”

For more information, please see:
Islands Business – The People’s Committee for Political Reform in Tonga says it hopes to present a petition calling for a new Prime Minister to the King this afternoon – 23 October, 2009

Pacific Islands News Association – Tonga People’s Committee for Political Reform poised to submit petition to King – 23 October, 2009

Radio New Zealand International – Tonga People’s Committee for Political Reform poised to submit petition to King – 23 October, 2009

Radio New Zealand International – Tongan hunger striker now drinking but still determine to fast until death – 22 October, 2009

UN Blames North Korea’s Regime for Food Crisis

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

UNITED NATIONS – A UN report released yesterday blamed North Korea’s oppressive regime, which leaves its people to live in continual fear of repression by authorities, for the food crisis in North Korea.

The report said 9 million out of 24 million North Koreans are suffering from food shortages, and the World Food Programme is reaching fewer than 2 million people due to countries cutting international aid to North Korea because of Pyongyang’s nuclear and missile tests.

Calling North Korea’s human rights record “abysmal,” UN Special Rapporteur Vitit Muntarbhorn, a Thai academic, said, “The freedoms from want, from fear, from discrimination, from persecution and from exploitation are regrettably transgressed with impunity by those authorities, in an astonishing setting of abuse after abuse.”

Nk_2girlsMalnourished North Korean girls dying of starvation.  Courtesy of bloggers-unite.

He added, “It is the exploitation of the ordinary people which has become the pernicious prerogative of the ruling elite.  This is all the more ironic since it is reported that the economy has improved slightly over the past year, an indication that more resources could be available to help the population.”

The report provided that North Korea’s natural resources were more abundant than its neighbor, South Korea.  South Korean government estimated that undeveloped mineral reserves in North Korea are worth about $5.94 trillion.

Although North Korea’s food crisis usually stem from natural disasters which impact the production, the Thai professor said, “[North Korea] is not poor yet the money is not spent on the people.”

Apparently, North Korea’s exports last year totaled several billion dollars. 

North Korean deputy UN Ambassador Pak Tok-hun rejected the findings in the UN report saying the report is a “politically conspired document full of distortion, lies, falsity, [and] devised by hostile forces.”

Ap_north_korea_shortage_081208_mnNorth Korea farmers working in the fields.  Courtesy of AP Photo.

Pak added that pressuring his country was “totally useless” and emphasized “the pride in [North Korea’s] system to protect human rights.

Luckily, South Korea’s Unification Minister Hyun In-taek said Friday that South Korea will soon send a limited amount of humanitarian aid to ease North’s food shortage.

For more information, please see:

AFP – UN official slams “abysmal” NKorea rights record – 23 October 2009

AsiaNews – UN: human rights situation in North Korea “very bad” – 23 October 2009

CBC News – N. Korea regime to blame for food crisis: UN – 23 October 2009

Guardian – UN envoy says North Korea should feed its 9 million hungry citizens – 23 October 2009

Straight Times – S.Korean to resume limited aid – 23 October 2009

Summit in Thailand Launches Human Rights Group

By Megan E. Dodge
Impunity Watch Reporter, Asia

CHA-AM, Thailand – Leaders of the Association of Southeast Asian Nations (Asean) are meeting under heavy security at a beach resort in Cha-Am. Representatives at this regional summit announced their official effort to engage in a new human rights watchdog.

The East Asian Summit group – is made up of member countries: Burma, Brunei, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. Talks at this summit seek to integrally include India, Australia, New Zealand, China, South Korea and Japan.

After the opening ceremony marking the convened national figureheads, leaders convened to discuss the economy, climate change, disaster management – and human rights. Some say the commission is in part a response to criticism that the region is weak on its efforts to curb human rights abuses by member nations such as Burma. Speculators, however, question whether it will have sufficient powers to make a real difference. Those who are weary on the effort have expressed that they believe the body will do little to deter human rights violators, because it has no power to punish members, according to one source.

Previously, Burma blocked activity by the Asean summit which attempted to call for an amnesty on behalf of detained Burmese democracy leader, Aung San Suu Kyi. Furthermore, the organization’s Intergovernmental Commission on Human Rights, one of the central elements of the legally binding ASEAN Charter signed last year, was a disappointment to many rights advocates when it was limited to the promotion rather than the protection of human rights. Efforts this year have continued to hamper the endeavor. Back in April, Asian leaders were scheduled to hold the summit and propel the human rights initiative, however, anti-government protesters forced the meeting to cancel. Now, five member states -Burma, Cambodia, Laos, the Philippines and Singapore – refused to meet the five individuals chosen by civil rights groups to represent their countries.

Sister Crescencia Lucero, the Franciscan nun who was to have been the Philippines representative, stated, “I am very disappointed, and I see this as not only a rejection of me personally and the organization I represent, but as a rejection of the democratic process in the region.”

Regional politicians sometimes cite the European Union as their model, but their ambitions risk running aground on the vast political and social differences between the states, which range from the absolute monarchy of Brunei to the communist governments of Vietnam and Laos. Debbie Stothard, a human rights activist from Malaysia comments, “the commission has not been designed to be effective and impartial.” It It must be recognized though, the commission is still a considerable milestone for a region ruled by governments as diverse as the thriving democracy in Indonesia, the hermetic communist regime in Laos and the repressive military dictatorship in Myanmar.

For more information, please see:

BBC – Asian leaders launch rights group – October 23, 2009

Wall Street Journal – Summit to Test Japan-China Supremacy  – October 21, 2009

Cambodia News – Thailand Mounts Large Security Operation at Asian Summit – October 22, 2009   

Associated Press – Southeast Asia to have rights monitor – October 23, 2009

Israeli PM Pushes to Change War Crimes Laws

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

JERUSALEM, Israel/West Bank – On October 20, Israeli Prime Minister Benjamin Netanyahu announced that his government would try to change international law regarding war crimes.

 

Netanyahu’s statement came amid his government’s toughening stance on the Goldstone Report endorsed by the UN Human Rights Council the week before. The report accused Israel and Hamas, the ruling Palestinian party in the Gaza Strip, of war crimes during heavy fighting between the two sides in Gaza last winter. During the 22-day conflict, approximately 1,400 Palestinians and thirteen Israelis were killed.

 

Netanyahu characterized the Goldstone Report as an attempt to “delegalize” the state of Israel, spreading false allegations against the country.

 

“I want to make it clear to everyone,” said Netanyahu at the October 20 meeting. “No one can undermine our ability and right to defend our children, our citizens and our communities.”

 

Israeli Defense Minister Ehud Barak supported the Prime Minister’s statements, adding that a change in international war crimes laws was “in the interest of anyone fighting terrorism.”

 

Public opinion in Israel, however, has been more mixed. Newspaper editorials appeared in newspapers such as Ha’aretz, criticizing the government’s approach to the military action in Gaza as well as its aftermath, calling it “one-dimensional” and short-sighted.

 

International reaction has also been dubious. William Schabas, Chair of the International Institute for Criminal Investigation, told the Jerusalem Post that Netanyahu’s goals of changing the international laws of war was unrealistic, and that such an initiative was “almost an admission” that Israel had committed war crimes during the Gaza fighting.

 

“It’s one thing to claim that [the rules of war] should change,” said Schabas. “But that doesn’t give you an excuse to violate them until they’ve changed.”

 

Schabas added that one cannot change the rules by characterizing one’s enemies as cruel and vicious, and if a country breaks international law, the country behaves like the terrorists the country is trying to defeat.

 

During the October 20 cabinet meeting, Netanyahu also instructed the Israeli Justice Ministry to establish a unit to address legal challenges against Israeli officials and military officers in international courts. Charges have been brought by pro-Palestinian groups against such individuals in courts in Britain and other European countries during recent weeks.

 

For more information, please see:

 

Jerusalem Post – Schabas: Israeli Plan to Change Laws of War is Unrealistic – 22 October 2009

 

Al Jazeera – Israel Push to Change Laws of War – 21 October 2009

 

ChinaView – Israel Strives to Change Int’l Law of War Following Goldstone Report – 21 October 2009

 

New York Times – Israel: Panel to Fight UN Report – 20 October 2009

 

Ha’aretz – Why Israel Failed in the Gaza War – 18 October 2009