Prohibition on Labor Brokering not to be Included in SA’s Labour Relations Amendment Bill

By Ryan Aliman
Impunity Watch Reporter, Africa

 PRETORIA, South Africa – The Congress of South African Trade Unions (COSATU) finally conceded to the African National Congress (ANC) MPs in Parliament that a ban on labor broking will not be included in the Labour Relations Amendment Bill on August 1, 2012.

COSATU protesters rallying against Labor Brokering. (Photo Courtesy of Mail and Guardian)

Despite being able to come into terms on important contract issues between labour brokers and their clients, COSATU failed to get an agreement for a complete and full ban, according to COSATU parliamentary officer Prakashnee Govender.

Labor brokering is the process where a person or a firm provides clients with temporary or casual workers. Labor brokers, instead of clients, directly hire employees.

Hiring a labor broker precludes the establishment of an employer-employee relationship between the client company and the workers; thus, their transactions fall outside the jurisdiction of labor courts.

ANC MPs argued that including a total prohibition on labor broking into the draft legislation would become a disincentive to employment and investment. For them and other labor broking proponents, such a ban will make it difficult for employers to hire temporary workers as employers would be directly liable to the latter and be forced to pay them on time. Contrast this to the present situation where labor brokers are allowed to bear the cost of paying employees when labor brokers’ clients cannot give wages yet.

Judge President of the Labour Court Dunstan Mlambo described labor brokers as synonymous with “bakkie brigades”. “Bakkie brigades are those who pick up workers from the streets to serve the clients. These employees are abused and receive a pittance for their work. If a labor broker, who had engaged workers for a client, failed to pay them, these employees have no recourse against the client because the client is not their employer,” he told a recent labor law conference.

Another point raised by Mlambo is that “labor broking fills the pocket of labor brokers at the expense of the employee, while the client gets the fruit of the employee’s labour, leaving the employee with no protection.”  For every R100 paid by a client to a labor broker, only R30 is left for the worker. The worker receives neither pension nor medical benefit as the remaining money goes to the labor broker. “Allowing labour brokers to continue to place workers in terrible and uncertain working conditions on the contention that ‘half-a-loaf is better than none’ will only serve to alienate the working class and harden the attitudes of unions with labour broking. Yes, we need employment. But we also need decent work. In that way, at least the individual has dignity and spirit, and [it] gives him or her a sense of pride in being able to do an honest day’s work at decent pay,” Mlambo stressed out.

Meanwhile, Ms. Govender stays optimistic about COSATU’s fight against labor broking. Although COSATU failed to ban labor broking this year, she said that it remains an objective of COSATU to prohibit it. She hopes for the Parliament’s labour portfolio committee to reconsider the inclusion of the total ban in the Labor Bill during its meeting on August 7.

 

For further information, please see:

EastCoast Radio – Parliament to Thrash out Labour Laws – 7 August 2012

EastCoast Radio – SA ‘Heading for Trouble” Over Jobs – 6 August 2012

IOL – Cruelty of Labour Brokering is Unforgivable – 5 August 2012

SABC – Revisit the LRA and Register Labour Brokers – Labour Appeal Court – 2 August 2012

Business Day – COSATU Gives up on Ban on Labour Brokers – for now – 1 August 2012

IOL – SA Firms Avoid Labour Laws: Mlambo – 1 August 2012

Syria Revolution Digest – Sunday 5 August 2012

THE COMMENTARY IN THIS PIECE DOES NOT NECESSARILY REFLECT THE VIEWS OF IMPUNITY WATCH.  

*WARNING VIDEOS MAY CONTAIN GRAPHIC IMAGES*

The Ever-Thickening Plot!

 

With all the focus on Aleppo, the real story is still unfolding in Damascus City and Suburbs, as the daily death toll and the military operations which continue to spread to more and more neighborhoods clearly show.

 

Sunday August 5, 2012

 

Today’s Death toll: 139 (Saturday) 125 (Sunday). The Breakdown: the toll includes 6 women and 9 children. 59 killed in Damascus and Suburbs (including 20 in a massacre in Irbeen), 25 in Aleppo, 14 in Idlib, 11 in Daraa, 5 in Homs, 5 in Deir Ezzor and 5 in Hama.

 

Cities & Towns Under Shelling: Harasta, Arbeen, Moadamiah, Harran Al-Awameed, Deir Al-Asafeer, Ain Terma, Zabadani, Madaya, Eltal, Dmeir, Hameh, Yelda, Rankous, Qarrah (Damascus Suburbs), Sit Zeinab, Al-Qadam, Midan, Tadamon, Al-Hajar Al-Aswad, Yarmouk, Kafar Sousseh, Mazzeh, Qaboun, Barzeh, Salhiyeh, Ruknaddine, Dafelshawk (Damascus City), Daraa City, Khirbet Al-Ghazaleh, Tafas, Bostra Al-Sham, Na’eemah, Mseifrah, Jimreen, Hraak (Daraa), Rastan, Talbisseh, Houla, Tal Kalakh, Al-Qusayr, Al-Hosn, Al-Ghanto, Al-Bouaydah, Old Homs (Homs Province), Hreitan, Elbab, Eizaz, Marei, Bayanoun (Aleppo Province), Haffeh, Jabal Al-Akrad (Lattakia), Deir Ezzor City, Mouhassan, Albou Kamal (Deir Ezzor Province), Kafar Zeiteh, Hawash, Shahshabo, Hama City (Hama Province), Jabal Al-Zawiyeh, Ma’rrat Al-Nouman, Saraqib, Maar Shoureen, Ariha, Kafroumah, Al-Rami, Khan Shaikhoon (Idlib).

 

Newsflashes: *** Syria first and only cosmonaut, Major General Muhammad Faris, defects and crosses the border into Turkey http://youtu.be/jAEKtby9YmkGen. Faris has lived in Aleppo City. He went as Research Cosmonaut on Soyuz TM-3 to the Mir space station in July 1987 *** Reports by The Daily Telegraph that the Muslim Brotherhood is forming and arming its own militias inside Syria have been confirmed by spokesman for the Brotherhood, Molham Aldroubi, in an interview with Asharq Al-Awsat (Arabic). Activists on the ground have making similar claims for months saying that Brotherhood members and supporters have been stockpiling weapons, saying they are meant for use to maintain order after the fall of the Assad regime.

 

News

 

 

 

 

 

 

 

Muslim Brotherhood establishes militia inside Syria The Muslim Brotherhood has established its own militia inside Syria as the country’s rebels fracture between radical Islamists and their rivals, commanders and gun-runners have told The Daily Telegraph.

 

Syria looks bleak, admits William Hague William Hague has described the situation in Syria as ‘bleak’ and said that a peaceful solution to the 17 month-long crisis is now unlikely.

 

Iranian pilgrims kidnapped on trip to Syria Dozens are seized by gunmen in the Damascus area, prompting Iran’s foreign minister to ask Turkey to intervene. Meanwhile, fighting continues in the Syrian city of Aleppo.

 

Syrian leader Assad’s planes pound vital prize of Aleppo President Bashar al-Assad’s forces used artillery, planes and a helicopter gunship to pound rebel positions in Syria’s biggest city, witnesses said, in a battle that could determine the outcome of the 17-month uprising.

 

Equestrian: Syrian rider says Olympic effort for “all Syrians” His father Mohamed Hamcho was added to the European Union sanctions list in March and the U.S. Treasury Department sanctions list a month later.

 

Rebels fill Aleppo power vacuum, some disapprove those found guilty of killing civilians or rebel fighters will be sent to “courts” in Azaz to be judged by the top commander of the Amr bin al-Aas brigade, identified only as Ahmed. “We use Sharia (Islamic law) to judge our prisoners,” Ahmed says in Azaz. “We use a number of judges who are have studied Islamic law and a number of witnesses and judge them accordingly.”

 

Photojournalists captured by Islamist militants in Syria feared beheadingJohn Cantlie and Jeroen Oerlemans faced constant death threats and were shot while trying to escape.

 

Turkey training rebels, says FSA fighter There is a special training programme based in Turkey at secret camps run by the Turkish military, she says. “The Turkish people are really helping us. Lots of people are getting training in those camps.” “The training is really professional. You can only sleep four hours a day. “You have to climb mountains, you get weapons training. It’s hard work.”

 

Dozens reported killed in Damascus as Syria rebels try to halt advance on Aleppo Free Syrian Army fighters told CNN that two large columns of government troops were heading toward Aleppo, the Middle East nation’s most populous city. One is moving from Latakia on the Mediterranean coast and the other from Damascus.

 

Op-Eds & Special Reports

 

 

State Department and Pentagon Plan for Post-Assad Syria The administration’s efforts have been driven by a bleak prognosis shared by most officials: Mr. Assad’s fall would be likely to set off a grave, potentially violent and unpredictable implosion in a country strained by even more tribal, ethnic and sectarian divisions than Iraq, possibly in the midst of a presidential election campaign at home.

 

Turkish bloggers divided over policy on Syria Secular and nationalist critics accuse the government of openly supporting the Syrian opposition, risking a regional war, a new rift between Sunni and Shiite sects and opening the way for the creation of Islamist and Kurdish states in Turkey’s neighborhood. The AK Party government, on the other hand, blames the opposition for supporting the atrocities of the Assad regime.

 

As Syria War Roils, Unrest Among Sects Hits Turkey As Syria’s civil war degenerates into a bloody sectarian showdown between the government’s Alawite-dominated troops and the Sunni Muslim majority, tensions are increasing across the border between Turkey’s Alawite minority and the Sunni Muslim majority here.

 

Victory closer, divisions deepen in Syria opposition “Several opposition groups have adopted an increasingly fundamentalist discourse and demeanour, a trajectory that mirrors the conflict’s gradually deadlier and more confessional turn (and) popular loss of faith in the West,” the International Crisis Group said in a report.

 

Russian rubles for Damascus? Like China, Russia wants to lessen the influence in the region of the West and its allies such as Saudi Arabia. That’s why Moscow not only supports Syria, it also cooperates with Iran, Syria’s closest ally. Russia quite obviously doesn’t have a problem with the human rights violations perpetrated by the Assad regime, so it seems plausible that Russian rubles will continue to flow to Damascus.

 

Robert Fisk: Syria’s ancient treasures pulverised So the looting and destruction lies at the door of all sides in the Syrian conflict, along with the thieves who move in on all historic sites when the security of the state evaporates. In truth, Syria has always suffered – and the regime always tolerated – a limited amount of theft from historical sites, to boost the economy in the poor areas in the north of the country and to enrich the regime’s own mafiosi. But what is happening now is on an epic and terrifying scale.

 

 

The likelihood of a prolonged stalemate, however, does not mean that we should cease thinking about possible outcomes in a post-Assad Syria. And it is important for policy makers in Washington and in other capitals to divest themselves of what might be called the “Bosnia fallacy.”

 

As Yugoslavia was imploding, the Bosnia fallacy was the belief that the various ethnic and sectarian groups in Bosnia still would give their first loyalty to an amorphous idea of “Bosnia” and would trust “national” institutions to represent them and protect their interests. …

 

Some believe that in the event of Assad’s death (or a significant weakening of his power), different groups in Syria might reach out to the opposition to discuss a transition of power. One easily could envision a future meeting in Istanbul that would lay the groundwork for replacing the current Syrian Republic with a Syrian Union, based on resurrecting some of the entities that existed during the first part of the French mandate (1920–1936), including separate Alawite and Druze states as well as regional cantons based on Aleppo and Damascus.

 

Saudi Arabia helped broker an end to the devastating civil war in Lebanon with the Taif Accords in 1989; in principle, a similar agreement, which would recognize Sunni ascendancy in Syria but institutionalize a series of protections for other groups, could be viable and in line with stated Saudi interests and concerns.

 

A Lisbon-style agreement such as the initial plan for Bosnia might not satisfy the Sunni majority—which might hope to exercise control over all of Syria based simply on sheer numbers—and minorities might have to accept smaller cantons and less influence in a post-Assad Syria. But given that similar results emerged in places such as Bosnia and Iraq only after years of fighting, might not Syrians themselves be willing to accept such compromises, albeit reluctantly?

 

The success of any such agreement also would require the outside powers—including the West, Turkey, Saudi Arabia and the Gulf States—to support such a process. If a deal can be facilitated along these lines—however imperfect it may be—then it may be possible to minimize the problems that inevitably will arise in a post-Assad Syria.

 

 

We are hopeful the rebels will ultimately prevail, but it remains a deeply unfair and brutal fight, and the speed and manner by which it is won matter enormously. All evidence suggests that, rather than peacefully surrendering power, Assad and his allies will fight to the bitter end, tearing apart the country in the process. America’s disengagement from this conflict carries growing costs — for the Syrian people and for U.S. interests…

 

The U.S. reluctance to intervene in Syria is, first of all, allowing this conflict to be longer and bloodier, a radicalizing dynamic. Contrary to critics who argue that a greater U.S. role in Syria could empower al-Qaeda, it is the lack of strong U.S. assistance to responsible fighters inside the country that is ceding the field to extremists there…

 

First, we can and should directly and openly provide robust assistance to the armed opposition, including weapons, intelligence and training. Whatever the risks of our doing so, they are far outweighed by the risks of continuing to sit on our hands, hoping for the best. American help should go to those groups that reject extremism and sectarianism in both word and deed. As in Libya, the relationships we build with armed groups inside Syria now will be indispensable going forward.

 

Second, since the rebels have increasingly established de facto safe zones in parts of Syria, the United States should work with our allies to reinforce those areas, as Secretary of State Hillary Rodham Clinton suggested last week. This would not require any U.S. troops on the ground but could involve limited use of our airpower and other unique U.S. assets.

 

Video Highlights

 

The Battle for Damascus continues despite regime’s claims of “victory.” Now, parts of Damascus City are being shelled at night from positions on top of MountQasayoun http://youtu.be/t97sWAEQc60 On Saturday, nighttime shelling touched the neighborhoods of Salhiyeh (where the tomb of medieval Sufi master Ibn Arabi is located) and Ruknaddine http://youtu.be/CLlAhr1mKbg ,http://youtu.be/Mt9FSETTU2g

 

Pro-Assad militias stormed the Palestinian camp of Yarmouk in Damascus City and carried out a number of Summary executions http://youtu.be/CoJw_kLkC4U ,http://youtu.be/9e_bv2hrkqo In nearby Tadamon, locals keep finding bodies in the streets http://youtu.be/fSkbR-2gXjc , http://youtu.be/n9YIHKDkX8Y ,http://youtu.be/0lSllhyzlu0 , http://youtu.be/njzfuUVNLfE Most are obviously the victims of summary executions http://youtu.be/GujCHFd64h8

 

And suburbs around Damascus are under constant pounding: Artouzhttp://youtu.be/w7kwYJ2ckFE Deir Al-Asafeer http://youtu.be/cY2m2Gcf0qMKafar Batna http://youtu.be/hjp0xoIO-zc , http://youtu.be/iibnM94Ek0wHamouriyeh http://youtu.be/kf9Ov2vHoMg

 

Helicopter gunships continue to be deployed: Deir Al-Asafeerhttp://youtu.be/M5SLd1gC7iY

 

Al-Tawhid Brigade in Aleppo succeeds in destroying a fighter jet as it was landing in Aleppo’s Airport. But we only see thick black smoke rising up in the background http://youtu.be/2QpDuQaub3s Local activists report that in addition to MiGs, the regime is also using Czech made L-39 fighter jets. The make of the fighter jets notwithstanding, they are still being deployed in the fight against rebels in neighborhoods around the city http://youtu.be/e2qAiVCbQh4 ,http://youtu.be/eY3mjVUx-hQ

 

Meanwhile, back in Aleppo City, Assad’s fighter jets targeted areas near the ancient citadel http://youtu.be/egdEUMm2CiM Clashes took place in different parts including: Hanano http://youtu.be/UqKPPlQEnms ,http://youtu.be/QMGUaK98l28 Shaar http://youtu.be/er-NndilDmU ,http://youtu.be/369wkLwCM3s , http://youtu.be/BV4Qk3Lzy3w Buildings catch fire http://youtu.be/18M1uQNG0tY Sukkari http://youtu.be/STHrDdAekxs Bab El-Hadid http://youtu.be/ip-GxscqWRY

 

The neighborhood of Salaheddine gets pounded as wellhttp://youtu.be/URuv7xWiIZs , http://youtu.be/BqL4ayUIlZk Members of the FSA patrol the neighborhood http://youtu.be/GrVHXs1eqYE ,http://youtu.be/KLTTTK07zJM Elsewhere in the neighborhood, other rebel fighters raid a supply center for the local security forces and mange to get some much needed supplies http://youtu.be/GrVHXs1eqYE Rebel reinforcements arrivehttp://youtu.be/NYvxfKaebSg , http://youtu.be/kMldbkfQFJI Clashes ensuehttp://youtu.be/U4oYSXtLVsc A report from the first line of battlehttp://youtu.be/lmIgF1Dzgio When needed rebels become firefightershttp://youtu.be/Q0Bt_4z24Y4

 

An eight-minute drive through the neighborhood of Bab El-Hadid, Aleppo Cityhttp://youtu.be/lnjvJ5bDsCw  An FSA convoy drives throughhttp://youtu.be/oiznlM8zKYs

 

Brigadier General, Mustafa Al-Shaikh, head of the High Military Council, pays a visit to the liberated town of Dar Azzah http://youtu.be/gWBHC55PHhE Earlier, Brig. Gen. Al-Shaikh, paid a visit to the town of Taftanaz, Idlib province, deeper into Syrian territory http://youtu.be/hi4RFp0ilGA

 

An FSA unit based in the Province of Qunaitra managed to arrest the local security chief, General Hussam Haidar. Here, one of their members conducted an interview with him, I which the General says that he hasn’t done anything wrong, and that he was unable to defect on account of his bad health. He then, encourages his family members to refrain from doing wronghttp://youtu.be/Bsbp2jBcpis

 

In Homs City, parts of Baba Amr Neighborhood catch fire on account of the constant shelling http://youtu.be/YlPmYNo8JB0 In Khaldiyeh, local activists find 6 unidentified bodies in the nearby fields, obviously the victims of summary executions http://youtu.be/WxvN7RF_E3U And the pounding continueshttp://youtu.be/rSZBXaDAGbY

 

The pounding of the nearby town of Talbisseh continueshttp://youtu.be/1dM00D61ohg And Rastan http://youtu.be/c5L2GmnoE9Y ,http://youtu.be/wn7mckWHU-A , http://youtu.be/iQg5intEL90

 

In Lattakia, tanks taking part in the indiscriminate pounding of Al-Akrad Mountain http://youtu.be/KW6L5dbQ-tY , http://youtu.be/0jdrjP0A490

 

The siege and pounding of Deir Ezzor City continueshttp://youtu.be/gWfW8wR33KQ

 

In Hama Province, the pounding of the village of Zor Al-Heesahhttp://youtu.be/Xq__MxPgIr4 leaves many dead http://youtu.be/kCuyTfYgvpw In Hama City, clashes took place in Hadir http://youtu.be/pJ0_ulZmGYo Qoussourhttp://youtu.be/atW5YfHuDYw Hamidiyeh http://youtu.be/IapCryjx83I

 

The heavy pounding of the town of Marribeh, Daraa Province, continueshttp://youtu.be/DVEqli0n_R0

 

Argentine War Cemetery Vandalized in Falklands

By Heba Girgis
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina—Last Wednesday night, August 1, 2012, the Argentinian foreign ministry sent a letter to the British government repudiating the desecration and vandalism of Argentina’s Falklands war cemetery. The cemetery was found vandalized a few days before and is the final resting place of 649 Argentine soldiers and also holds a glass case protecting Argentina’s patron said, the Virgin Mary. The glass case was found smashed.

A Statue of the Virgin Mary Stands Behind the Shattered Glass of the Vandalism. (Photo Courtesy of The Guardian)

The cemetery marks the memory of a war over possession of the islands that claimed the lives of over 600 Argentinians, 255 British soldiers, and three elderly islanders. While Argentina lost the war, the country has not given up its claim to the territory and has accused the British of ignoring UN resolutions encouraging talks over the sovereignty of the islands.

Families of the Argentinian soldiers laid to rest in the cemetery sent letters to the Argentinian foreign minister Hector Timerman and the British ambassador in Buenos Aires demanding an immediate, urgent, and exhaustive investigation.

The vandalism was believed to have happened anytime in the past week or more, said Sebastian Socodo, an Argentinian who takes care of the cemetery. Socodo also noted “It’s basically the glass that covers the Virgin Mary. They just smashed the glass. I don’t know with what or how,” and then said, “I was there a couple of weeks ago and there was no damage.”

Images of the vandalism reveal that the glass was broken by more than twelve forceful blows. The actual statue of the Virgin, whose blue and white colors are the only expression of Argentinian pride that are permitted in the islands, was removed from the cemetery to protect it until repairs can be made to the shrine and to the cemetery.

In response to the vandalism, the Argentine government has called for an “impartial investigation that identifies and punishes those responsible for a grave act that violates the sacredness of the cemetery.” The government has also presented a protest to the International Red Cross as well as the United Nations.

With the controversy over the Falklands, with the Argentine government refusing to recognize the Falklands, blamed Britain for provoking the “barbaric act” with its “hostile attitudes.”

This particular cemetery has been the main focus of attention during this past year’s 30th anniversary of Argentina’s occupation of the islands, but usually the cemetery, atop a hillside about an hour from the capital of Stanley, gets very few visitors.

 

For further information, please see:

Merco Press – Argentina Presents Official Protest to UK Over Malvinas Cemetery Vandalism – 2 August 2012

The Telegraph – Argentina Sends Britain Letter ‘Repudiating’ Desecration of Falklands War Cemetery – 2 August 2012

The Guardian – Argentina’s Falklands War Cemetery Vandalized – 1 August 2012

The Associated Press – Argentine War Cemetery in Falklands Vandalized – 31 July 2012

 

Syrian Prime Minister Defects from Assad Regime, Joins Revolt

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — Two months after being appointed as Syria’s Prime Minister, Riad Hijab fled the country last Monday, and defected from President Bashar Al-Assad’s government to join “the revolution,” his spokesman says.

Syrian Prime Minister Riad Hijab defected from the Assad regime last Monday. (Photo Courtesy of Al Arabiya)

The former prime minister arrived in Jordan after being smuggled across the border.

“I announce today my defection from the killing and terrorist regime, and I announce that I have joined the ranks of the freedom and dignity revolution.  I announce that I am from today a soldier in this blessed revolution,” Hijab said in a statement read in his name by spokesman Muhammad el-Etri.  “This defection was not a matter of days or weeks, it was in the pipeline for two continuous months through a trusted cell close to the prime minister made up of rebels and aides.”  El-Etri stated that Hijab’s escape was planned in conjunction with the Free Syrian Army.

El-Etri denied a Syrian state television report that claimed Hijab was fired from his position, saying that the government made the announcement of his dismissal after officials realized that the prime minister had fled the country.  Hijab–who, like much of the opposition, comes from Syria’s Sunni majority–was not part of Assad’s inner circle.  But as prime minister and the most senior civilian official to defect, his departure dealt a symbolic blow to an establishment rooted in the president’s minority Alawite sect.

Hijab will leave for Qatar within days, following the example of other high-profile defectors, el-Etri told the AFP News Agency.  “Hijab will go to Doha, where international media are based.  He will leave for Qatar tomorrow, the day after or after a few days,” he said in the Jordanian capital of Amman.

A member of the Syrian opposition in Jordan said that Hijab will travel to the Qatari capital “in the coming few hours.”  Speaking on the condition of anonymity, he said “[w]e are currently co-ordinating to facilitate the departure of Hijab to Doha in the coming few hours, most probably at 2200 GMT.  Seven of his brothers will stay in Jordan.  We understand the sensitivity of this issue for Jordan. We do not want to create problems for the kingdom, which already has tense relations with the Syrian regime.”

The White House stated on Monday that Hijab’s defection is a crippling blow to the Assad regime, calling it a sign that the Syrian government is “crumbling from within.”  It repeated its calls for Assad to step down and end the violence gripping the country.

“This is a sign that Assad’s grip on power is loosening.  If he cannot maintain cohesion within his own inner circle, it reflects on his inability to maintain any following among the Syrian people that isn’t brought about at the point of a gun,” White House spokesman Jay Carney told a news briefing.  “The momentum is with the opposition and with the Syrian people.  It’s clear that these defections are reaching the highest levels of the Syrian government and Assad cannot restore his control over the country because the Syrian people will not allow it,” he said.

For further information, please see:

Al Arabiya — Defection of Syrian PM Shows Assad ‘Crumbling From Within:’ White House — 6 August 2012

Al Bawaba — Syria: Defected PM Slams “War Crimes and Genocide” Carried out by Assad Regime — 6 August 2012

Al Jazeera — Syrian PM Defects From Assad Government — 6 August 2012

BBC News — Syria Prime Minister Riad Hijab Defects — 6 August 2012

Reuters — Syrian Prime Minister Defects, Fighting Goes on — 6 August 2012

Senior Venezuelan Diplomat Charged With Murder

By Margaret Janelle Hutchinson
Impunity Watch Reporter, South America

CARACAS, Venezuela – Kenyan authorities have charged the first secretary of the Venezuelan embassy with the murder of the South American country’s acting ambassador, a crime police believe was motivated by a battle over embassy leadership, though allegations of a drug-trafficking scheme have also surfaced.

Dwight Sagaray, charged with the murder of acting Venezuelan Ambassador Olga Fonseca, had his immunity waived by Venezuela. (Photo courtesy of the BBC)

Dwight Sagaray was charged in court with the murder of acting Venezuelan ambassador Olga Fonseca. He pled not guilty.

Mohamed Ahmed Mohamed Hassan, Sagaray’s friend and an alleged co-conspirator who has gone into hiding, was also charged with murder.

Prosecutor Tabitha Ouya said the two suspects strangled Fonseca in her home, a mere 12 days after her arrival in Kenya. She said others were also involved in the killing, but did not name them.

Judge Florence Muchemi issued an arrest warrant for Hassan and remanded Sagaray into custody until his bail application is heard. Venezuelan officials previously agreed to waive Sagaray’s diplomatic immunity so he could be charged.

Fonseca was found strangled in the embassy’s official residence. She reported to Kenya on July 15 to replace former ambassador Gerardo Carillo Silva, who left his posting in Kenya and soon faced allegations of sexual harassment by Kenyan male workers from the embassy residence.

Kenyan nationals employed at the embassy told police at the time of Sagaray’s arrest last week that relations with the new ambassador had soured quickly after her arrival because she had ordered staff who lodged sexual-harassment complaints against her predecessor to withdraw them. When they refused to retract their allegations, Fonseca fired them, local media reported.

Former ambassador Carrillo told the Venezuelan newspaper Ultimas Noticias that five or six months after Saragary’s arrival in Kenya in July 2010, the situation at the embassy grew tense because “he refused to recognize my authority.”

“I warned twice about the problem by phone: one (call) at the end of last year and another in February when the situation became unsustainable. And other diplomats of the embassy were witnesses to that,” Carrillo was quoted as saying.

Carillo said he left Kenya on May 19 after receiving instructions from the Foreign Ministry to travel to Venezuela. On May 23, Carrillo said, he received a call from Nairobi and was told that a news article appeared in which he was accused of sexual harassment.

“I reject the accusation of sexual harassment. That isn’t true,” Carrillo told Ultimas Noticias. Carrillo said he had been working at the embassy since 2005. “During those seven years nothing ever happened. Why after my departure do they make it seem that I fled?”

Police said they believe the motive behind Fonseca’s murder was a battle for the embassy’s top job, but allegations surfaced that officials at the scandal-plagued post in Nairobi may have been trafficking drugs under cover of diplomatic immunity, Kenyan media reported.

According to the information they had received, the police linked some of the embassy staff, a few locals and some foreigners in drug trafficking. The sources said the drugs were being brought into the country as diplomatic parcels which, under the 1961 Vienna Convention on Diplomatic Relations, are not subjected to security checks.

For more information, please see:

The Associated Press – Venezuelan charged in diplomat’s killing in Kenya  – 06 August 2012

Fox News – Venezuelan charged with death of diplomat in Kenya – 06 August 2012

The Guardian –  Venezuelan official accused of killing diplomatic rival at Kenyan embassy – 06 August 2012

LA Times –  Venezuelan diplomat charged with murdering the ambassador to Kenya  –  06 August 2012

The Star –  Narcotics drugs cited in envoy’s murder  –  06 August 2012