Human Rights Groups Criticize Kenya’s Decision to Move Refugees

By Ryan Aliman
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Human rights groups say Kenya’s decision to move refugees and asylum-seekers out of urban areas and into rural camps is “discriminatory” and “unlawful”.

The Dadaab refugee complex reportedly hosts four times the population it was built for. (Photo courtesy of BBC News/AFP)

Last Tuesday, the Kenyan government issued an order requiring Somali refugees and asylum-seekers living in urban centers including Nairobi, Nakuru and Mombasa to transfer to the Dadaab refugee camp complex in north-eastern Kenya, while those from other countries will be required to transfer to the Kakuma camp.

The government contends that this decision is meant to ensure the safety of Kenyan citizens since refugees have been allegedly involved in recent attacks in the capital and various parts of the Northeastern region.

On Friday, President Kibaki called for support to have them returned to their home countries. “There is no dignity in living in refugee camps,” he told the press after a meeting with Somali President Hassan Sheikh Mohamoud. “Our two governments will work together to enable the hundreds of thousands of Somalia people who are living in refugee camps return to their homes . . . We also call on the international community to play their part and help the people of Somalia live in honourable lives in their homes,” he said.

Once the order is implemented, Kenya will no longer receive and register any new refugees and asylum-seekers. Registration centers in the mentioned urban areas will also close down. The Commissioner for the Department of Refugee Affairs Badu Katelo has also requested the UN agency for refugees (UNHCR) to stop giving any services to those in urban areas.

However, the UNHCR, along with the Amnesty International, refused to acknowledge the resolution calling it illegal and in violation of international law regarding the protection of refugee rights.

The UNHCR claimed that the Kenyan government did not consult with relevant and concerned stakeholders before carrying out the order. The UN agency also said that the government failed to consider that most camps in the rural areas are already overcrowded. Thus, the resolution was “insensitive to the rights and plight of refugees.”

Amnesty International shared the same view. “This restriction on freedom of movement is likely to lead to other serious human rights abuses in already overcrowded, insecure refugee camps,” said Amnesty International’s East Africa observer Kathryn Achilles.

Medecins Sans Frontieres, which provides health aid and services in Dadaab, reported that it was already struggling to cope with the number of refugees in the camp.

Both the UNHCR and Amnesty International reminded the Kenyan government that it is a signatory to the 1951 UN Refugee Convention and the 1969 OAU Refugee Convention. Therefore, it is under an obligation to protect those seeking asylum on its territory.

“Kenya must live up to its obligations under international law, and must have the support of the international community to do so, including through increased funding and resettlement programmes,” urged Amnesty International in a recent press release.

 

For further information, please see:

Daily Nation – Kenya tightens resolve on Somalia refugees – 23 December 2012

All Africa – Kenya: Fury Over Order for All Refugees to Go to Daadab – 22 December 2012

BBC News – Kenya’s Somali refugee plan unlawful, says Amnesty – 21 December 2012

Reuters – Amnesty says Kenya sending refugees to camps unlawful – 21 December 2012

Amnesty International – Kenya’s decision to confine refugees and asylum-seekers in camps is unlawful – 20 December 2012

Kenya’s First Openly Gay Politician Faces Funding Issues

By Heba Girgis
Impunity Watch Reporter, Africa

NAIROBI, Kenya—David Kuria, Kenya’s first openly gay politician to run in the country’s election was forced to withdraw from the race. Kuria’s supporters were more than disappointed when he announced that he could not carry out the senate race because of lack of funds. He could not raise enough to cover personal security and logistics of the race. He also received many threatening text messages saying that his candidacy would bring “a curse to the land.”

Kuria, 40, was forced to drop out of the race because of funding issues. (Photo Courtesy of Kenya Today)

Kuria told the Guardian, “It is one of the saddest decisions I have had to make during my years working as a human rights activist. I had seen changes in the way our people in the villages view gay people. For many people gay people and gay rights are perceived though mediated interpretation of politicians and religious leaders. For the first time it was possible to talk with people, answer their questions as well as point out the nexus areas of different forms of marginalization, including poverty and other challenged that affect them, too.”

Kuria, age 40, was the first openly gay person in Africa to run for political office outside of South Africa. His campaign could not go forward after his fundraising campaign raised only 4% of its target. Kuria also never lacked opposition, especially in Kenya’s conservative Christian heartlands. Moses Wetangula, a cabinet minister, noted that if Kuria was elected, a revolt would surely be carried out against the government. Wetangula also said that an openly gay man should not “have an opportunity or privilege to lead a country that is founded on religious morality.”

Under Kenyan law, acts of homosexuality are punishable up to 14 years in jail. In 2011, the Kenyan Human Rights Commission took a survey that revealed that only 18% of LGBT Kenyans had opened up about their sexual orientation to their families and that of these 89% of them had been disowned. Homosexuality is also outlawed in 36 African countries with many politicians finding gay people to be “unafrican.” Kuria addressed this issue, saying, “Again that is one of those stories that have been told over and over again that it has come to be seen as true. But there are also very few public LBBT voices—these need to increase for the narrative to be debunked.”

 

For further information, please see:

Mail and Guardian – Kenya’s First Gay Political Candidate Reveals Why He Quit Race – 26 December 2012

Kenya Today – Kenya’s First Gay Political Candidate Reveals Why He Quit Race – 25 December 2012

The Guardian – Kenya’s First Gay Political Candidate Reveals Why He Quit Race – 25 December 2012

Topix – Kenya’s First Gay Political Candidate Reveals Why He Quit Race – 25 December 2012

Former Russian Policeman Sentenced for the Murder of Journalist

By Alexandra Sandacz
Impunity Watch Reporter, Europe

MOSCOW, Russia – A former Russian policeman, Dmitry Pavlyuchenkov, was found guilty for the 2006 murder of investigative journalist Anna Politkovskaya. Politkovskaya was an aggressive critic of Russian President, Vladimir Putin. Pavlyuchenkov was sentenced to spend 11 years in a high security penal colony.

Dmitry Pavlyuchenkov is escorted into a Moscow courtroom. (Photo Courtesy of RFE/RL)

In addition to 11 years, Pavlyuchenkov was fined 3 million roubles for staking Politkovskaya’s apartment and providing Politkovskaya’s killer with the gun that shot her on October 7, 2006.

Politkovskaya was murdered in the hallway of her Moscow apartment building after returning home from a grocery store. She became a target after reporting on corruption in Russia and on human rights abuses in Chechnya.

The murder caused international outrage. Politkovskaya’s murder became a nationwide symbol of silencing free speech and the corruption of the judiciary since Putin came to power.

Pavlyuchenkov apologized to Politkovskaya’s two adult children and asked the court not to punish him too harshly. He stated, “I want to appeal to the family of Anna Stepanovna [Politkovskaya]; I simply want to ask for their human forgiveness.

Paylyuchenkov plead guilty to aiding Politkovskaya’s murder and asked for a reduced sentenced in return for his cooperation. In addition, the deal allowed Pavlyuchenkov to admit his guilt without testifying, which would prevent the reveal of the murder’s masterminds.

Despite Pavlyuchenkov’s apology, Politkovskaya’s children opposed the plea bargain and thought it would not hold those who ultimately ordered the murder responsible.

The killer and four others were tried separately. Rustam Makhmudov was accused of firing the fatal shots, and his brothers Dzhabrail and Ibragim were accused of acting as the getaway drivers. All three men were tried and acquitted for lack of evidence, but Russia’s supreme court overturned the verdict. The three men will be retried.

The prosecutors also determined Pavlyuchenkov was a member of a gang formed by Chechen crime boss, Lom-Ali Gaitukayev.

Following Politkovskaya’s murder, Putin called for her killers to be punished, however, he also described her work as “extremely insignificant.”

Politkovskaya’s murder is one of many opposition murders. In the past decade, various journalists and rights activists who were critical of the Russian government have been assassinated. Most of the killings remain unsolved.

For further information, please see:

RFE/RL – Ex-Policeman Gets 11 Years Over Politkovskaya Murder – 24 December 2012

Aljazeera – Ex-policeman jailed over Politkovskaya murder – 14 December 2012

BBC – Ex-policeman jailed in Russia over Politkovskaya murder – 14 December 2012

Reuters – Policeman complicit in Putin critic murder sentenced – 14 December 2012

“Provocative” Israeli Settlements Threaten Peace

By Emily Schneider
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – The Israeli government granted initial approval for a total of up to 3,000 homes in Jerusalem, including a 1,500-unit settlement in East Jerusalem. The announcement came a day after the U.S. State Department strongly condemned Israel’s plans for building in East Jerusalem.

An Israeli construction site in n the east Jerusalem settlement of Ramat Shlomo. (Photo courtesy of AP)

The new settlements and expansions to existing ones on land on the Palestinian side of the pre-1967 “green line” was originally announced during Vice President Biden’s visit in 2010. At the time, the announcement resulted in somewhat of a political crisis. It was put on hold because of the controversy it created, but was reinstated and approved this past week. It is one of many plans pushed by Netanyahu to expand into Palestinian territory since November.

Netanyahu spokesman Mark Regev told CNN: “The actual construction is of 3,000 housing units, as was decided by the government on November 30, 2012. All these units are in Jerusalem and the settlement blocs that will stay a part of Israel in a future peace agreement. All other announcements regarding construction refer to stages of planning and zoning, a bureaucratic process that takes years to complete. In any case, this process necessitates a separate decision by the government before actual construction can begin.”

In November, the U.N. granted Palestine an upgrade of their status to nonmember observer state status. Although the change in status still does not recognize Palestine as a State, the U.N. decision symbolically created a degree of statehood for Palestine.  Israel was unhappy with the outcome of the U.N. vote and some see this expansion of settlements as a direct reaction to Palestine’s change in status.

The United Nations and many countries in the world consider Israeli settlements illegal and an impediment to the peace process because they inhibit a two-state solution.

“If there is a financial cliff in Washington or the United States today, there is a political cliff over a two-state solution (here), and I think we are already slipping down the cliff, because the implementation of the massive settlement program that Israel has announced just today and yesterday it is putting an end to the possibility of a two-state solution,” Mohammad Shtayyeh, a Palestinian Authority negotiator and minister, told CNN on Wednesday.

Victoria Nuland, U.S.  Department of State spokesperson said, “we are deeply disappointed that Israel insists on continuing this pattern of provocative action,” and said that such actions “run counter to the cause of peace. Israel’s leaders continually say that they support a path towards a two-state solution, yet these actions only put that goal further at risk.”

For more information, please see:

JPost – Analysis: In the Eye of the Beholder – 24 Dec. 2012

CNN- Israel Says it Will Build Settlements in East Jerusalem Neighborhoods – 20 Dec. 2012

Telegraph – U.S. Condemns ‘Provocative’ Israeli Settlement Building – 19 Dec. 2012

Al Jazeera – U.N. Votes to Upgrade Palestinian Status – 29 Nov. 2012

 

 

Syrian Revolution Digest – Thursday, 20 December 2012

The Long Road Ahead!

Syrian Revolution Digest – December 20, 2012 

It’s counterintuitive but it’s true. The road to a political solution in Syria goes through further militarization, while saving the whole require working on stabilizing and securing the pieces. Few will understand this logic and many will see it as a conspiracy, as such, it will have few early adopters on the ground, that’s why a solution may take years to come. 

Today’s Death Toll: 117 (including 5 women and 9 children)

42 in Damascus and suburbs, 23 in Daraa including 6 field executed in refugee camp and 5 in Izra’, 18 in Hama including 7 in Halfaya, 14 in Aleppo, 10 in Homs including 7 in Houla, 5 in Deir Ezzor and 5 in Idlib.

Points of Random Shelling: 274

Clashes: 133

Rebels liberated the check point at Tal Alnasr in Deir B’alba and too control of Al-Ishara Batallion in Homs. In Deir Ezzor, they took control of a military industrial complex. In Hama, they liberated a number of towns and villages including Kafar Naboda, Karnaz, Breidij, Kafar Zeita, Jabin, Alzaka, Alhamamyat, Heyalin, Ellatamneh and Halfaya, and are currently trying to liberate Morek (LCC).

 

News

Syria conflict turns ‘overtly sectarian,’ U.N. reports

U.N. condemns rights abuses in Iran, North Korea and Syria

Putin Defends Position on Syria and Chastises U.S. on Libya

Activists scoff at Putin’s remarks on Syria

As Last Member of NBC Team Escapes Syria, More Details on Hostage Drama Emerge

Russian Speakers Become Prey in Syrian Conflict

AP source: Syria again using Scud missiles on foes

Syria Unleashes Cluster Bombs on Town, Punishing Civilians

Post-ABC poll: U.S. involvement in Syria In general, Americans widely oppose U.S. military involvement in Syria, but majorities support establishing a no-fly zone and direct action rises if chemical weapons are used by the government.

War in Syria: Clashes ease at Damascus Palestinian refugee camp Some of the more than 100,000 residents who fled the brutal violence in the Syrian capital of Damascus began to trickle back on Thursday as the fighting subsided.

Wounded Presage Health Crisis for Postwar Syria Four-month-old Fahed Darwish suffered brain damage and, like thousands of others seriously hurt in the civil war, he will likely need care well after the fighting is over. That’s something doctors say a post-conflict Syria won’t be able to provide. Making things worse, there has been a sharp spike in serious injuries since the summer, when the regime began bombing rebel-held areas from the air, and doctors say a majority of the wounded they now treat are civilians.

Living Conditions Difficult in Rebel-Held Syria The crude oil they’re using to heat one room in the house is expensive. So is the gasoline for the car that Hassan needs for his work as a driver. Food is five times more expensive than last summer, when it was already high.  A week ago, the electricity the 40,000 townspeople rely on for most heat was cut and now they are struggling to keep the bitter winter cold at bay. Hassan and his family only use one room now to eat and sleep – the rest of the house is frigid.

 

Special Reports

The Salafi Emirate of Ras Al-Ain
The city, as many Kurdish cities, acted as a sanctuary, free from the spread of the Assad regime’s forces. Today, Ras al-Ain is under the grip of jihadis and young men with black beards and black flags circling the streets under the banner of the FSA. Tunisians, Moroccans, Afghanis, Iraqis, Saudis, and Syrians are in the squares, raising the Turkish flag alongside the black flag, and the flag of independence. They distribute bags of rice, flour, and sugar to poor and terrified residents, after seizing many grain warehouses, with the goal of garnering local support and using residents under the guise of freedom and toppling the regime.

Could an Alawite State in Syria Prevent Post-Assad Reprisals?
What remains unanswered is whether the Alawites could survive as a military power in the mountains. Landis says that would depend on two factors:  “Whether Iran is willing to continue to invest and support them militarily by sending weapons and money, and whether the Sunni Arabs overcome their deep factionalism and unify.”

Local Opposition Councils Act As Government In Parts Of Syria
Now that the U.S. and more than 100 other countries have recognized Syria’s opposition coalition, the dynamics are changing for local councils in provinces under rebel control. These councils are going to get money and become humanitarian aid organization and now they have to figure out how to deliver 1,200 tons of bread a day for a population of 6 million people in Aleppo province. Melissa Block talks to Deborah Amos.

Iliana Mourad: ‘Schizophrenic Life’ in Syria
“In Syria, life can be schizophrenic at times. I was travelling with colleagues outside Damascus one day. We were riding in office vehicles, and on one side of the road we could see people shooting while on the opposite side others were going about their normal business as if nothing was happening. It was like a sci-fi movie.”

 

Syria Deeply

Conversations: On Aleppo University
As part of our effort to highlight civilian stories, below is a conversation between Syria Deeply and a law student at Aleppo University. He stopped going to class after the regime crackdown on student protests earlier this year. The student, originally from Raqqa, allowed us to reveal his full name but Syria Deeply decided to keep it private. Last week his classmate was abducted by regime agents after speaking to the press, revealing his true identity.

Send Austin Home

Missing American journalist’s parents: Send our son home from Syria for Christmas

The Sectarian Turnabout

The crackdown in Syria was sectarian in nature from the very beginning, as evidenced by the statements of various Syrian officials at the time including those of Assad himself. Still, thanks to the goodwill and hard work of the country’s pro-democracy activists, it took almost 18 months to transform the revolution into a sectarian uprising. The tide began to turn in the Summer of 2012, during which the overwhelming brutality of the Assad regime, the cynical indifference of western powers, the competing agendas of regional players, and the shameful inadequacy of traditional opposition groups combined to feed the most extremist tendencies on the ground, and Syria began to fracture.

By August 2012, and as I noted in my report at the time, The Shredded Tapestry, the point of no-return in the devolution of Syria seems to have been reached. Only a massive intervention can save the country now, and there are no takers. We may not be able to save the whole anymore, but we might be able to stabilize the pieces so that humanitarian conditions are improved and spillover effects are contained. It will take many years to put the pieces back together. But these processes will not be possible until all sides realize that they cannot have it all.

A combination of pain, anger and ideology will make selling this vision at this stage a well-nigh impossible task.

But, and as my colleague, Amr al-Azm, argues, getting to a point where dialogue over these issued is made possible, requires serious investments in militarization. Indeed, a political solution requires changing the military realities on the ground.

Entering negotiations to hand over power to the opposition requires the regime’s loss of one or more major urban cities. The potential ability to seriously threaten core areas of Alawites, Assad’s tribesmen, and Damascus simultaneously would be significant game changers. The loss of Aleppo and Idlib would put opposition forces within reach of the Homs and Hama hinterlands, core areas of the Alawite communities. The loss of Deir Al-Zor would lay open the desert road Tariq Al-Badiya that swings across the eastern steppe through Palmyra and opens up the eastern and southern approaches to Damascus, where fighting is on-going.  Such a threat would force the regime and its Iranian and Russian mentors to reconsider their calculus regarding the containment of the crisis, making them more likely to seriously engage in alternative options, such as negotiations for a transition.

Meanwhile, we should always be weary of Russian leaders waxing wise and reasonable, as Russian President Putin just did:

“Our position is not for the retention of Assad and his regime in power at any cost but that the people in the beginning would come to an agreement on how they would live in the future, how their safety and participation in ruling the state would be provided for, and then start changing the current state of affairs in accordance with these agreements, and not vice versa.”

The question is here: what did Putin do to get Assad to accept sitting down with the opposition to discuss these issues? The Obama Administration was willing to give Putin the lead in this matter for many months, but he produced nothing. Rather he and his officials refused to put any kind of pressure on Assad, whether through the UN or their own outreach. Moreover, in their media coverage and official statements, they wholly adopted Assad’s version of events, and in all their discussions with opposition figures, they put the burden for halting ongoing violence on them! Their strategy was to beat down the victims into submission and prep them to accept whatever pittance Assad chooses to offer them. Meanwhile they kept arming Assad. The net effect of their activities: giving Assad enough time to tear the country apart.

So, pardon us for not buying whatever offer Putin seems to be peddling.

Video Highlights

Fierce clashes took place in the plush Mazzeh Neighborhood in Damascus City at night http://youtu.be/cXAoMFeUtKk , http://youtu.be/X5LM3BFKEHk Earlier in the day, missile launchers from the nearby military airport were busy pounding surrounding suburbs http://youtu.be/79Sc_YELW5

Towns and communities around Damascus continue to come under heavy shelling: Deir Al-Assafeer http://youtu.be/hB1eeGOuilY

Rebels in Damascus Suburbs use their confiscated tanks to pound pro-regime positions around Damascus International Airport http://youtu.be/ZvOlzAEBi6c Clashes also take place near Agraba http://youtu.be/M2Bor8k1EIg

Leaked video shows pro-Assad militias abusing women detainees in Haffeh, Lattakia http://youtu.be/SJMg5SB042c