BRIEF: Only 22 African Union Member Countries Have Ratified the Protocol Establishing its Human Rights Court

ARUSHA, Tanzania – According to the President of the African Human Rights Court, Professor Gerard Niungeko, the Court and those having an interest in it urgently need to campaign for additional signatories to the Court’s establishing Protocol. Only 22 of the 53 African Union (AU) member States have ratified the Court’s establishing Protocol. Only one country, Burkino Faso, has accepted the AU Court’s power to hear claims from NGO’s and individuals.

The Court is empowered to issue binding decisions on AU members and is currently hiring staff for its new location and headquarters in Arusha, Tanzania.

For more information, please see:

Allafrica.com – Africa: Only 24 African Countries Have Ratified Protocol for Human Rights Court – 18 February, 2008

African Union – List of Countries Which have Signed, Ratified/Acceded to the Protocol  to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and People’s Rights –  accessed 19 February, 2008

BRIEF: Lebanon Charged 79 in Connection with Riots

BIERUT, Lebanon – On February 11, a Lebanese military prosecutor charged 19 soldiers, three of them officers, and 60 civilians in connection with the violent riots that resulted in seven deaths.  The incident, which occurred on January 27, began as Shia residents took to the streets to protest against electricity rationing.  The demonstration escalated into violence as the Lebanese military attempted to contain the demonstrators and shots were fired.

Military Tribunal Magistrate Jean Fahd charged two officers and 11 soldiers with involuntary manslaughter for violating military orders by opening fire at demonstrators.  Although they did not intend to kill, their actions “caused the death of six civilians and wounded several others.”  If convicted, they face a sentence of five years with hard labor.

Fahd also charged one officer and five soldiers with disobeying military orders but without causing any casualties.  If convicted, they face a sentence of two years with hard labor.  The tribunal also charged two civilians with carrying unlicensed weapons and 58 civilians were charge with rioting and treating army troops “harshly”.

No one was charged in connection to the death of Ahmed Hamza, a supporter of Amal, one of Lebanon’s main opposition groups.  According to military officials, it is still unclear whether the bullet that killed Hamza was fired by the military or by a civilian.

For more information, please see:
Daily Star – 19 Soldiers among 79 Charged in Protests – 13 February 2008

BBC – Charges over Lebanon Riot Deaths – 12 February 2008

International Herald Tribune – Prosecutor Charges 79 in Lebanese Riots that Killed 7 – 12 February 2008

Reuters – Lebanon Charges 19 Soldiers over Protest Shootings – 11 February 2008

No return in sight for Darfur refugees as problems continue to mount

By Ted Townsend
Impunity Watch Reporter, Africa

The Sudanese government-backed attacks on local rebel groups in Darfur have displaced many people and resulted in an alarming number of missing children. A steady flow of Sudanese refugees has arrived in neighboring Chad since the February 8th attacks, called the “worst violence in the region in months.”  They have joined the estimated 240,000 refugees already in Chad.

The attacks, carried out by local militia on horses, camels, and in trucks, were designed to eradicate Justice and Equality Movement (JEM) rebel forces from the towns of Abu Surouj, Sirba and Seleia. While the Sudanese government claims the militia acted independently, residents say the militia was mobilized by the Sudanese army. Between twelve and thirty-thousand residents left their homes, fleeing to Chad and towns along the border.

The raids killed an estimated 100 civilians, a number the Sudanese government disputes, claiming many killed were rebels in civilian clothing.

The United Nations Refugee Agency and similar agencies have struggled to assist the refugees, many of whom are “destitute and terrified.” Aid teams are attempting to help provide basic needs, such as food and medicine, but other concerns have developed. Many children, especially boys ages 12 to 18, have gone missing. An initial UNICEF assessment showed 800 children unaccounted for. While that figure may actually be lower, the missing children and care of orphan children has become a high priority.

As aid agencies try to bring assistance to the region, those who have been displaced wonder when they can return. In the border town of Kondobe, many residents who expected to return are now revising their plans and trying to build makeshift homes for themselves. Many can still “hear shooting day and night.” The Sudanese government has also begun bombing emptied refugee camps.

A joint United Nations and African Union peacekeeping force is attempting to bring stability to the war-torn country. However, it has faced significant setbacks which include “stonewalling” from the Sudanese government.

For more information, please see:

Allafrica.com – Sudan: Hundreds of Children Mission after Darfur Attack – 14 February 2008

NY Times.com – Attacks Pushing Darfur Refugees into Chad,  – 11 February 2008

Reuters – Sudan bombs empty Darfur camp – rebels, – 18 February 2008

Reuters –Thousands of villagers flee after Darfur offensive, – 18 February 2008

BRIEF: Former Khmer Rouge Commander Sam Bith Dies

PHNOM PENH, Cambodia – Sam Bith, former Khmer Rouge guerilla, died on Saturday at the age of 74 while serving a life sentence for abducting and murdering three Western backpackers 14 years ago. According to his wife, Sam Bith was suffering from high blood pressure and diabetes.

Sam Bith was a Khmer Rouge commander in southwestern Cambodia when a train carrying the backpackers was ambushed. Nearly a dozen Cambodians died during the incident. The three backpackers, Australian David Wilson, Briton Mark Slater, and Frenchmen Jean-Michael Braquet, were then abducted and held for three months.

The Khmer Rouge Tribunal did not charge Sam Bith because the court’s jurisdiction was limited to crimes between 1974-1979 when Cambodia was controlled by the regime.

For more information, please see:

International Herald Tribune – Former Khmer Rouge Commander Dies While Serving Life Sentence for Foreigners’ Murders – 16 February 2008

The Jurist – Former Khmer Rouge Commander Dies While Serving Cambodia Life Sentence – 16 February 2008

Culture of Impunity in Nepal Criticized as Elections Begin

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

KATHMUNDU, Nepal – UN Commissioner for Human Rights Loise Arbour criticized the culture of impunity in Nepal after the country failed to prosecute killers of a 15-year Nepalese national, Maina Sunuwar. In 2004, Maina Sunuwar was killed after being tortured and raped under army custody.

Government officials said that the army took disciplinary action against the responsible officers through a court marital and brief imprisonment. However, human rights officers have criticized the punishment as insufficient and demanded a civilian trial.

Arbour commented, “[The Maina case] presents a significant opportunity for the government of Nepal to send a signal that the culture of impunity is ending. The successful prosecution of those responsible for her murder will strengthen the rule of law and uphold victims’ rights to a remedy.”

The culture of impunity in Nepal can detrimentally affect the stability of the country. The country has undergone a decade long conflict between the government and Maoists in the region. Arbour added, “Lack of accountability in this and numerous other cases is helping to perpetuate a culture of impunity in Nepal. And there is a danger this could become a barrier to achieving lasting peace.”

The government and Maoists rebels have set April 20th for the national assembly. The assembly is expected to prepare a new constitution and formally end the 240 year old monarchy. The April vote is central to the peace agreement with Maoists because it would admit the former rebels as part of the political mainstream.

However, three ethnic groups from the southern plains of Nepal have threatened to boycott the April vote unless the region is given autonomy. Nearly 26 million Madheshis, almost half of the nation, live in the region. The Madheshis want to become a largely autonomous state and want more power in the central government.

For more information, please see:

Reuters India –Ethnic Groups Threaten to Boycott Nepal Polls – 18 February 2008

The Times of India – End Culture of Impunity in Nepal: UN – 17 February 2008

United Press International – Nepalese Impunity Could Affect Security – 18 February 2008