Turkey: President Gul desires more Freedom of Expression

By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

STRASBOURG, France- In his effort to make Turkey more attractive to the European Union, Turkish President Abdullah Gul announced his desire to change article 301 of the Turkish Legal Code.

Article 301 of the Turkish Legal Code was introduced in June 2005.  The purpose of the code is to protect “Turkishness.”  (Amnesty International)  The law prevents the “[p]ublic denigration of Turkishness, . . . the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures,” and violators of the law can be subject to up to three years of imprisonment.  (Amnesty International)

Article 301 has been used to prosecute many notable Turks for insulting “Turkishness”, including Nobel Laurerate Orhan Pamuk and Armenian news journalist Hrant Dink.  Orhan Pamuk was arrested because of his comment to a Swiss news source that 30,000 Kurds and 1,000,000 Armenians were killed and ignored by the Turkish government.  (AI)  Hrant Dink, editor in chief of the Turkish newspaper Agos, suffered six months of imprisonment and was murdered by a ultra nationalist.

Although President Gul stressed that although no one is currently being detained on article 301 charges, he still believes that the law should be modified. A less restrictive version of the law will encourage a more open critique Turkey’s history and its current conditions. The right of the freedom of expression is a necessary right to protect a state from future impunity and the reform of article 301 may create more public accountability for the government’s actions.  A revision of Article 301 of the Turkish Legal Code could be a major step in the right direction to protect the people of Turkey.

For more information, please see:

Amnesty International- Turkey: Article 301 is a threat to freedom of expression and must be repealed now!- 1 December 2005

New York Times (AP)- Turkey’s President Seeks to Change Law That Criminalizes Insults to Turkish Identity- 3 October 2007

International Herald Tribune (Reuters)- President of Turkey defends rights record- 3 October 2007

BRIEF: SLCMP Addresses New Government in Sierra Leone

FREETOWN, Sierra Leone – The Sierra Leone Court Monitoring Programme (SLCMP) issued a press release on Monday congratulating President Ernest Bai Koroma and the APC party in their recent election win following a fair and free election. The SLCMP also reiterated the core recommendations of the Truth and Reconciliation Commission (TRC) issued in 2005 and urged the new government to see those recommendations as a “blueprint for change in Sierra Leone.”  Sierra Leone’s TRC is unique in that it creates an obligation on the government to follow its recommendations and the new President could send a strong signal that he is committed to following that law and to ensuring that the recommendations are implemented.  The topics addressed include: protection of human rights, establishment of the rule of law, security services, promoting good governance, youth, women, children, national reconciliation, and the reparation programme.

Update on DRC

By Meryl White
Impunity Watch Reporter, Africa

NORTH KIVU, Democratic Republic of Congo – A United Nations source has revealed to the BBC that the Congolese Mai Mai militia and Hutu troops have formed the Front for the Liberation of North Kivu (‘FLNK”). The BBC has revealed that FLNK currently patrols with the army in eastern DRC to counter General Laurent Nkunda’s militia. Nevertheless, the United Nations and the Congolese army both deny coordinating tactical efforts with rebel groups.

General Nkunda is currently backing DR Congo’s Tutsis population. He claims that he is protecting Tutsis from Hutus who escaped Rwanda and entered into the DR Congo after the 1994 Rwandan genocide. Nkunda believes that Hutus in DRC have formed the Democratic Liberation Forces of Rwanda (FDLR). The Rwandan government denies supporting General Nkunda.

Eusebe Hounsokou, the representative of the UN Refugee Agency (UNHCR) in the Democratic Republic of Congo (DRC), said “While there is a slight reduction in tension in the province because the fighting has decreased, we are concerned that this may affect our access to the displaced.”

In Goma, the provincial capital, relief workers are preparing to accommodate at least 1,900 displaced families. The site’s capacity can hold 10,000 to 12,000 people.

In the Masisi district, more than 16,000 people are sheltering along the roads that connect the villages.

The UN World Health Organisation (WHO) has reported nine suspected cases of cholera, with one death. The International Rescue Committee will “deploy operations in this area shortly”.

For more information, please see:

BBC – Dr Congo Hutu front ‘helps’ army – 2 October 2007

AllAfrica.com – Congo-Kinshasa: Troop Build-Up in North Kivu Worrying – UN Official – 2 October 2007

Gulf Times – UN refugee agency repeats warning on Congo violence – 30 September 2007

African Union Peacekeepers Attacked in Darfur

By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa

KHARTOUM, Sudan – An African Union base was attacked Sunday, leaving ten peacekeepers dead and several missing.  The attack came just after sunset, at the end of Ramadan.  Survivors have said the rebels used several armored vehicles and rocket-propelled grenades and took the base completely by surprise.  The peacekeepers were able to repel the first attack, however a second battle raged for hours. The rebels stormed the camp around 4 am on Sunday when several peacekeepers were out of ammunition and therefore forced to take cover in a ditch.  Early Sunday the Sudanese army arrived and the rebels left.  It is unknown whether force was used by the army.

Two Sudanese rebel groups are suspected of being behind the attacks. Reports from both the African Union and the Khartoum government have indicated that the attack was the result of an alliance between two rebel groups.  The Justice and Equality Movement and the Sudanese Liberation Army’s Unity faction both had troops in the area.

Meanwhile, a rebel faction is accusing the Khartoum government of having responsibility for the deaths. Nouri Abdalla, the spokesman for a faction of the Sudanese Liberation Movement in Kampala, Uganda, stated that his group believes the government orchestrated the attack in order to slow deployment of the joint AU-UN peacekeeping force that was recently approved by the United Nations Security Council.

On Monday, Human Rights Watch issued a press release, stating that the attack was a war crime and should be investigated accordingly.

Several rebel groups are scheduled to begin peace negotiations with the government October 27 in Liberia, however this recent attack and subsequent accusations of blame may complicate the preparations.  The peace conference is aimed at broadening the Darfur peace agreement signed in May 2006 between Khartoum and the main rebel movement to include the remaining rebel groups that did not sign.

Since the conflict in Darfur began in 2003, over 200,000 people have died and more than 2 million have been displaced.

For more information, please see:

Voice of America – Rebel Support for Darfur Negotiations Wanes After AU Attack – 2 October 2007

AFP – Rebels suspected in Darfur peacekeeping killings – 2 October 2007

ABC News (AP) – Rebel Attack Came at End of Ramadan Fast – 1 October 2007

Human Rights Watch – Sudan: Peacekeeper Killings are War Crimes – 1 October 2007

For a review of the conflict in Darfur, please see:

Retuers – Key facts about the Darfur conflict – 1 October 2007

Border Conflicts

By Myriam Clerge
Impunity Watch Reporter, Eastern and Southern Africa

ADDIS ABABA, Ethiopia – On Tuesday, Ethiopia threatened to terminate their peace treaty with Eritrea claiming that Eritrea has violated the Algiers Peace Agreement. According to a letter sent to Eritrea’s Foreign Minister, Ethiopia claims that Asmara is coordinating “terrorist activity.” The statement was also delivered to the US, the UN, Algeria, the European Union and the African Union.

The Algiers Peace Agreement was implemented in 2000 after a 1998-2000 border war that killed some 80,000 people. The war was sparked by Ethiopia’s refusal to hand over the town of Badme. Both sides agreed to accept a decision by an independent border commission as full and binding. In 2002, the UN boundary panel decided in favor of Eritrea, awarding them rights to Badme, although Ethiopia asserts the decision splits families. Ethiopia continues to request a revision of the decision.

Eritrea denies all allegations of breaching the pact or supporting terrorists. In response to Ethiopia’s threat, Eritrea’s information minister dismissed the warning as “irrelevant.” Eritrea insists that Ethiopia comply with the border ruling and claims the terrorists allegation is built on their failure to accept the ruling. Eritrea reports that they will do anything to avoid another war but will not “compromise [their] sovereignty or territorial integrity.”

Despite their disagreements and endless accusations, analysts and diplomats speculate that neither side wants to start a full-fledge conflict. Regardless, there is a rigid tension between Eritrea and Ethiopian troops posted meters apart in what was suppose to be a neutral buffer zone.

The two countries are on opposite sides of the Somali conflict. Ethiopia has active troops in Somalia maintaining peace and supporting the present government, whereas Eritrea has declared its commitment to the Somali people to protect their independence. Furthermore, many of the Islamist rebels expelled from Somalia in December and accused of frequent bombing attacks freely inhabit Asmara. The United States, an Ethiopian ally, has also accused Eritrea of being a terrorist state.

For more information, please see:

Reuters- Eritrea insists Ethiopia implements border ruling – 26 September 2007

BBC- Eritrea rejects Ethiopia Warning – 26 September 2007

Yahoo News-  Ethiopia threatens to terminate fragile peace accord with Eritrea – 25 September 2007