From: Judy Miriga

Dear President Obama,

People from the Continent of Africa deserve fair Human Rights with better Trading engagement away from Politically Engineered conflicts that come as a result of corruption and impunity. People of Africa too have a right to enjoy benefits of peace and happiness and as well, engage in Trading under favorable conducive environment, just like other people from other parts from Industrialized progressive world. I say this because, the resources from Africa is in the world market where we are all consumers of the same; but looking back and considering the pathetic humanitarian situations at which the resources are acquired from Africa, it is extremely traumatizing. It then calls for moral conviction for which I am compelled to petition you, to face this matter boldly, resolutely without looking back and make firm and conclusive response which will save this pathetic situation and ultimately provide safety-net to the proposed Energy project you sold out during your recent trip to Africa.

Since UN Treaties are an internationally credible Law that are as valid as any other Constitutional Law of any Nation in the world, most United Nations ratified their treaties to conform with that of UN. We therefore expect The UN Secretary-General Ban-Ki-moon to engage fairly and be fully committed to guiding member States to be in compliant with Policy Agreement of the UN Conventions or face the law.

Every piece of Africa’s land and every ounce of water are protected by the International and UN treaty rights, including treaty rights for specific countries such like Kenya, Congo, Tanzania or any other Nation in Africa, Asia or in Europe where inherent rights are honored and protected. All these rights (be it Human Rights, Governments Constitutional Rights, Trade Security or Climatic Environmental Change) contribute to effects on Environmental Rights that afflict human health adversely or destroys and pollutes Nature and consequently abuses human rights. Similarly, the same in extension are Agreements recognized within International and UN Treaty.

The People of Congo, South Sudan, Kenya and other parts of Africa, are constantly attacked from outside invasion from the likes of M23 Rebel Groups. This tends to negate natural development that involves good balanced practices needed for fair trading, with sustained job creation to engage the youth and women from Africa.

Since the unscrupulous International Corporate special business interest failed to do fair business deals in Africa, or consult favorably to engage mutually good business practices; the corrupt African Governments found reason to violate and evade their Responsibilities. As a result, they fail to commit mandated business for investment deals on a “Give and Take” to mutually benefit both stakeholders and the investors. But because of humanitarian grounds, and because victims have suffered irreparably, I petition you to engage good Allys to stop this idea of sponsoring Rebel Groups in Africa to kill, destroy, drive away and scare their own local people from their home establishments that results into extreme poverty and deaths instead of advancing development; thus paving ways for extreme business of greed.

Land, Waters, Oil or rare mineral resources, should explicitly be utilized within the acceptable legal framework of the United Nations International Treaty, where the same, through Legislative consultative system in the Government should provide security to public mandate, Land Rights, resource Rights or Taxpayers as obligated in the Jurisdiction …… and this therefore remain a question for Legal Justice system to pursue, remedy and inform.

As a matter of concern, the extremely traumatic of humanitarian situation in the Eastern DRC require urgent, bold, resolute, and morally inspired response by the United States with its Allys from other countries to work tin concerted efforts to bring life in Congo and in Africa to normality. The Regions in Eastern Great Lakes of East Africa are blessed with very good understanding people who love peace. These people are highly educated and can reason well. They are extensively informed and are ready to engage in secured progressive business. This cannot happen when peace and security that offers favorable, friendly and conducive environment to prosper is not assured.

In DRC Congo and South Sudan, 70 percent of the economy of these countries heavily depend on oil and mining, therefore, any initiative would have to take into account peoples welfare, security and health protection under Human Rights, security with preservation to preserve cultural livelihood of the people.

We must not under-estimate main purposes with reasons of Terror fighting in Congo and South Sudan. It is a well known fact that, Corporate Special Business Interest are determined to engage in their selfish greed that has caused pain and sufferings to others; and are unwelcomed failed practices that do not add value; which in the first place is the reason for Global Economic Collapse, the disease which is now spreading like bush-fire to Kenya and before long, the world will break into 3rd world war because, people have reached their limits.

Currently, sponsored Private Rebels are terrorizing people and Mercenaries who engage in serious Pirating, illegal Money Laundering, illegal transfer with sale of fire-arms as well with other sophisticated weaponry, Trafficking of child prostitution with Drug trading in the Great Lakes Regions has become the order of the day.

The states surrounding the Great Lakes – which include Tanzania, Uganda, Rwanda, Burundi, Zambia, Kenya, and the DRC – have coalesced around these issues without proper management plan to develop a plan of action that requires effective coordination to ensure, there is credibility for security monitoring and as well the Rebel Groups are dismantled and driven out of Congo with their foundation completely destroyed.

To save a situation, a workable sustained process for solution must be established so that, those affected communities who are victims of circumstances get involved in Nation building and are compensated of their loses.

A targeted sustained development project instead of Aid that are short term and do not make any notable impact, must urgently be put to take effect in these regions, otherwise, those who conspired to create the mess for their advantage, would be the same beneficiaries fronting for the AID Funding, and as a result, there will be no tangible effective result for remedy that shall have been implemented……..”since the funding will have gone to those who planned for the damage in the first place”………Loose-ended spoon-feeding Aid to Africa is unsustainable and non-effective and this is where the Neo-colonialism breeds high suspecion in Africa……….What a double tragedy that would be after 50 years of Africa”s independence !!!

It is an open secret with credible documented reports both from the UN, African Envoys and by the NGOs stating that, although Governments in these regions face considerable challenges from the growing strength and sophistication of arms by these rebel groups in the Region, trading across borders only benefit the corrupt politicians with their network of Corporate Special Business Interest to a large extent, leaving out the Government to fall apart with its local people dug deeper into hopeless poverty which is greatly alarming.

It is unfortunate that, Pirating and smuggling is growing dangerously in leaps and bounds in and around the region and there is urgent need to stop these from getting out of control in Africa.

Need to Establish a Functioning Civil Society:

Management of Civil Society with Engagement of the Government to observe and follow the Constitutional policies for public mandate is crucial and very necessary. Since the Government is for the people, Civil Society have rights to be equipped with knowledge to organize themselves so to protect and preserve their Pivotal roles in the Society through engagements.

Civil society guarantee sustainability through popular participation to facilitate a functioning Democracy with good Governance that are established under Just Rule of Law; and by engaging and managing their affairs with humanitarian issues, the Civil Society are able to assist the government in managing their welfare in their Community Organization. Civil Society must equally be engaged in training in order to help with strengthening their government system to expedite service on time. When the Community is informed, they are able to manage their affairs effectively. Any other matters of human rights abuses and the need to protect Rights through policy enactment is a ways the Civil Society will preserve Africa’s minerals resource trading in a more beneficial and sustainable manner. This Natural Mineral Wealth do not last for ever, and it is our responsibility now that we engage to do the right thing.

Consequently, the information exchange encourage the civil society’s participation as Watch-dog that monitors the bad behavior of government employees with reason to re-call irresponsible elected Officials who fail to perform with integrity.

Moving forward in boosting education and strengthening security for civil society on the ground is extremely important and definitely essential.

The U.S. government, must support initiatives for Congo, Kenya, South Sudan, Tanzania with peace initiative to create management re-organization to provide conflict-free supply chains. If more revenue is invested to legitimizing supply chains, Trading benefits for USA with their Allys will grow more in bounty than where we are presently. A greater substantial proportion of the problem will have been solved, paving ways for sustainable Trading processes in the Region to compete fairly and peacefully under conducive environment that has lesser challenges from terrorism and war. This is the only way to avoid Neo-colonialism.

Progress must be swift and fast so to establish proceedure for order and discipline to instil general rule where all Trading are done in mutually common good for all.

For this to happen there is need to establish a lasting impact that will bring solution. We must follow up on uniformity to Mineral Certification process on all types of Natural Mineral Resource business that involve Oil, Gold, Diamond, Titanium, Colta, Land, Water with observance of International Treaty with United Nations Conventions.

I await to hear from you favorable…..I beg to remain,

Sincerely,
Judy Miriga
Diaspora Spokesperson &
Executive Director for
Confederation Council Foundation for Africa
USA
http://socioeconomicforum50.blogspot.com
email: jbatec@yahoo.com

– – – – – – – – – – –

Point of Reference from latest news report why action is acutely important and extremely urgent:

Omollo,

Iko Jaluo moja kutoka Gem anaitwa Professor Rading a ver accomplished researcher and educationist. He did a lot of research work and tests on various areas in Kwale. Through him I came to know that Niobium an element so important on stainless steels, and Titanium the stuff they use for manufacturing bodies of Fighter jets which travel at 3times the speed of sound or Mach 3 is available in Kwale in trillions of tons. Infact Kwale holds one third of the total World Titanium.

Way back in 1998 a Canadian Company, which engaged that professor from Gem to do the reseach, was given a license by Baba na Mama Government, to start Mining. Unfortunately the company wanted to loot the area the way all Gentile Companies loot Minerals in Africa. The locals were not put in the picture. Tiomin (the canadian Company started evicting akina Mwana Iddi na Swaleh Bakarii without compensation. They resisted and later the case went to Court.

The Court’s resolution was that these Locals be paid good compensation to make them relocate. But Tiomin said that they did not have that kind of money at that time. With that argument the project came to a holt.

Sometime around 2004 Obako’s Government issued another Fresh license to Tiomin.. At that point Tiomin involved their Government by asking for a Loan from the Canadian Government to help offset the money going to the Locals as compensation. From then on it has been back and forth with no headway.

Now, if the Ching ling Ling were hoping to get into those mines then they are a little late because as I know it the Canadians already have the license. not through Kamwana but one which was issued by Moi and reissued by Kibaki.

Professor ile ya ktoka Gem likwisa fuanya analysis na kuthibitisa availability of several minerals way back in late 80s to mid 90s. Donge!!!

Also did you know that Kwale has the best sand for Casting of any kind be it process casting of Aluminum or steel or Cast Iron. Sand around Kwale town has 99.9% silica. Almost 100%. I personally tested this in a lab. Compare this to other Countries which do a lot of Casting like USA Germany, USSR. Egypt, South Africa etc. Their sand range from 65% – 90% silica

Jagem

President Uhuru Kenyatta steps into global mining power struggle

Updated Tuesday, July 30th 2013 at 17:29 GMT +3

It, by-and-large, has escaped the attention of the madia that Kenya has a resources asset far greater than the oil and gas find, about which there was so much fuss. Down in Kwale, under a wooded hill, sits a deposit of Rare Earths that is of global significance.

Rare Earths are in every mobile phone, in our modern light bulbs, in most modern technologies, and just as the world played a dance of Middle Eastern supremacy over oil and control of oil supplies, so China, more than a decade ago, spotted the power of controlling the Rare Earth market.

Rare Earths

The Chinese President laid out his country’s strategy to be the controller of Rare Earths as the Middle East had controlled oil. He spoke of it. It was spelt out in his speeches. And China moved. With large Rare Earth deposits of its own, it went on to acquire almost all of the world’s mines, in Australia, globally.

It secured more than 95 per cent of all the world’s Rare Earth supplies. No-one can make modern technology without Chinese-controlled Rare Earths, and, predictably enough, the prices have soared in recent years.

Now, Kenyan geologists have long known the country had Rare Earths, together with a handy little mineral called Niobium, also these days in big demand as a strengthener of steels. Geological surveys showed the Rare Earths in Kwale back in the 1950s — a sweet enough mineral asset to mean there was a time that global mining major, Anglo American, hacked a mine shaft into that hill and set out on the path of mining there.

But that international company gave up, unable to get mining go ahead in a country where mining has never happened NOT because the country isn’t packed with mineral resources, but because no mining company could ever manage the politics. Mining takes huge up-front investment. The surveys have to happen first, the mining, the processing plant, the processing, and finally, years down the line comes the first actual piece of revenue.

Investors have to back a mine, for years and in very large sums, to turn it into a revenue stream.

It’s not like selling Coca Cola, and it doesn’t work when the menu on offer is ‘put a lot of money in, but you may lose it all and never see a penny of revenue’. Mining investment takes SOME commitments.

Kenya has never offered that, leaving itself almost isolated in Africa as a country without earnings from natural resources.

But the Kwale thing was bigger still. It certainly sat there for decades undeveloped through a lack of will to convert into a government facilitated investment. A French company tried after Anglo American. Gave up.

Then a little ‘junior’ mining company — first a South African/Australian nexus, then merged with a Toront-listed mining company — began the journey.

That company got further than the others. They prospected and found the deposit was among the richest in the world, possibly the richest, in the percentage of Rare Earths held in the soil.

They also found that the deposit was larger than anyone realised. It now looks as if it may be the second largest in the world, after the world’s largest Rare Earth mine, in China, called Baotou.

But by now, there were more challenges than ordinary, routine, forever, political blockage of mining.

No one ever mentioned in China’s strategy for Rare Earths that it would be a supply dominated by China AND Kenya. The ‘ Kenya’ part wasn’t in the global plan.

Not that anyone has really focussed on that jigsaw puzzle as we gained lots of lovely grants and friendship from China, a free hospital, a beautiful Thika superhighway.

I asked a Chinese First Secretary last week why China had put so much into Kenya recently, and he told me, repeatedly, that it was a ‘beautiful’ country with interesting tourism and great weather.

So I guess China will be putting a lot into Croatia too, with its stunning coastline.

Of course, the truth is, China wanted that mine, and maybe it’s suicide of me to say it, but I think they had got it. Only then our new government was elected, and within three weeks our new President intervened, personally. China did not get the licence. The President met the Canadian-listed international miners, issued their licence, and they have now received their Environment Impact Assessment approvals. The fund raising is underway.

Changing future

And no-one, but no-one, seems to grasp how brave that was. There will be so much pressure over that mine. I’ve seen detailed figures estimating the resource at a worth of US dollars 95 billion — that’s 8 trillion shillings. It’s the biggest thing that Kenya has ever owned that the world wants.

But that resource is a Kenyan birth right. So I don’t care what tribe he’s from: our President just stood up to one of the most powerful forces in the world to harness it for Kenya, setting up an income stream in royalties, 80 per cent of which will go to Government, and our health service, and teachers’ pay, and so much more.

And I’m not sure anyone even noticed. But they should. Because that’s future changing.

And very brave indeed.

COMMENTS:

Rare-Earth DIGGER01 August 2013 3:37 PM

Looks pretty close. The revenue may look tiny in light of the bigger cake, however, that is a direct revenue. there are indirect revenues such as employment and infrastructure development, investments, etc.

twister31 July 2013 11:29 PM

It start low as the company recoup its huge invested, which is usually borrowed attracting huge interests, after some time the Gok will poket as high as 80%.

George k31 July 2013 6:35 AM

Why such a low percentage , someone should explain this

Paulo30 July 2013 3:31 PM

This article is full of praises but lacking in real focus. Praising China for giving us grants that we will end up paying back and being dependant on their input even in cases where we can do better by developing our local capacity is not the way to go. Also, the issue of mining is more complicated than just working out figures in billions and trillions of expected income/production. EIA have been political tools in cases where in the long run, the cost paid by the local population turns out to be far much greater.

Ekhisa30 July 2013 12:05 PM

I still think 80percent of 3 percent of 95b only comes to 2.8B USD leaving the mining company with staggering profits from these at 92B USD…So what is so transformational about that figure…I think the new President did well to stick it for Kenya but the royalties just doesnt make sense…I mean Kenya will only make 250B KES from mining worth of 8 trillion shillings…Not right

Lands officer linked to Sh954m fraud

Ministry of Lands headquarters in Nairobi. Former State officials have been accused of using their positions in government to grab 795 acres of land belonging to Ms Anna Nyogio Kimitei.
By VINCENT AGOYA vagoya@ke.nationmedia.com
Posted Wednesday, July 31 2013 at 21:44

In Summary

The former State officials have been accused of using their positions in government to grab 795 acres of land belonging to Ms Anna Nyogio Kimitei.

A lands registrar has been summoned to court in a case where a widow claims she was swindled out of a Sh954 million ranch using false documents.

Ms Agnes Wangu Gerald Kuria has failed to honour “verbal” summons to honour the court date.

Wednesday, magistrate Peter Ndwiga issued summons after police complained she had ignored orders to present herself to investigators.

Ms Kuria has been enjoined in the case with former Kenya Pipeline Company boss Ezekiel Komen, former District Commissioner Benjamin Rotich, land registrar Tom Mainja and two others.

Ms Kuria has been accused of giving instructions on behalf of the chief land registrar to open green cards in the names of Ezekiel Komen, Eric Kibiwott Tarus, and Kipkorir Kuti for the transfer of land in Eldoret belonging to someone else.

She did this on December 22, 2005 while working as a lands registrar at Ardhi House, Nairobi, it is claimed.

Using positions

The former State officials have been accused of using their positions in government to grab 795 acres of land belonging to Ms Anna Nyogio Kimitei.

Yesterday, the prosecution said it would amend the charges to include Ms Kuria and charge the suspects afresh.

The prosecution alleges the widow lost her land to powerful politicians during the Kanu regime.
It is alleged the politicians subdivided the land and sold it to more than 200 families who have put up commercial and residential buildings.

The widow claims her family bought the land from a white settler, Mr James Gear, on March 10, 1969 but in 2006 was told that “the government had taken it over and allocated it to poor families.”

The court yesterday extended the suspects’ bond of Sh500,000 and ordered them to appear Thursday.

A Summary of
United Nations Agreements
on Human Rights

Contents
Universal Declaration of Human Rights

Covenant on Civil and Political Rights

Optional Protocol to the Covenant on Civil and Political Rights

Covenant on Economic, Social, and Cultural Rights

Convention Against Torture

Convention Against Genocide

The Geneva Conventions

Convention on the Rights of the Child

Convention on Eliminiation of Discrimination Against Women

Charter of the United Nations

Universal Declaration of Human Rights

The UDHR is the first international statement to use the term “human rights”, and has been adopted by the Human Rights movement as a charter. It is short, and worth reading in its entirety — a summary would be about as long as the document itself.

Covenant on Civil and Political Rights

This covenant details the basic civil and political rights of individuals and nations. Among the rights of nations are:

the right to self determination

the right to own, trade, and dispose of their property freely, and not be deprived of their means of subsistence

Among the rights of individuals are:

the right to legal recourse when their rights have been violated, even if the violator was acting in an official capacity

the right to life

the right to liberty and freedom of movement

the right to equality before the law

the right to presumption of innocence til proven guilty

the right to appeal a conviction

the right to be recognized as a person before the law

the right to privacy and protection of that privacy by law

freedom of thought, conscience, and religion

freedom of opinion and expression

freedom of assembly and association

The covenant forbids torture and inhuman or degrading treatment, slavery or involuntary servitude, arbitrary arrest and detention, and debtor’s prisons. It forbids propaganda advocating either war or hatred based on race, religion, national origin, or language.

It provides for the right of people to choose freely whom they will marry and to found a family, and requires that the duties and obligations of marriage and family be shared equally between partners. It guarantees the rights of children and prohibits discrimination based on race, sex, color, national origin, or language.

It also restricts the death penalty to the most serious of crimes, guarantees condemned people the right to appeal for commutation to a lesser penalty, and forbids the death penalty entirely for people under 18 years of age.

The covenant permits governments to temporarily suspend some of these rights in cases of civil emergency only, and lists those rights which cannot be suspended for any reason. It also establishes the UN Human Rights Commission.

After almost two decades of negotiations and rewriting, the text of the Universal Covenant on Civil and Political Rights was agreed upon in 1966. In 1976, after being ratified by the required 35 states, it became international law.

Optional Protocol to the Covenant on Civil and Political Rights

The protocol adds legal force to the Covenant on Civil and Political Rights by allowing the Human Rights Commission to investigate and judge complaints of human rights violations from individuals from signator countries.

Covenant on Economic, Social, and Cultural Rights

– This covenant describes the basic economic, social, and cultural rights of individuals and nations, including the right to:
– self-determination
– wages sufficient to support a minimum standard of living
– equal pay for equal work
– equal opportunity for advancement
– form trade unions
– strike
– paid or otherwise compensated maternity leave
– free primary education, and accessible education at all levels
– copyright, patent, and trademark protection for intellectual property

In addition, this convention forbids exploitation of children, and requires all nations to cooperate to end world hunger. Each nation which has ratified this covenant is required to submit annual reports on its progress in providing for these rights to the Secretary General, who is to transmit them to the Economic and Social Council.

The text of this covenant was finalized in 1966 along with that of the Covenant on Civil and Political Rights, but has not been ratified yet.

UN Convention on the Condition of the Wounded and Sick in Armed Forces (I)

Also called the first Geneva Convention

The first Geneva Convention focuses on the rights of individuals, combatants and non-combatants, during war. It is lengthy and detailed, perhaps because human rights are rarely at such risk as during war and, in particular, involving prisoners of war or enemy captives.

Convention against Genocide

This convention bans acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. It declares genocide a crime under international law whether committed during war or peacetime, and binds all signators of the convention to to take measures to prevent and punish any acts of genocide committed within their jurisdiction. The act bans killing of members of any racial, ethnic, national or religious group because of their membership in that group, causing serious bodily or mental harm to members of the group, inflicting on members of the group conditions of life intended to destroy them, imposing measures intended to prevent births within the group, and taking group members’ children away from them and giving them to members of another group.

It declares genocide itself, conspiracy or incitement to commit genocide, attempts to commit orcomplicity in the commission of genocide all to be illegal. Individuals are to be held responsible for these acts whether they were acting in their official capacities or as private individuals. Signators to the convention are bound to enact appropriate legislation to make the acts named in Article 3 illegal under their national law and provide appropriate penalties for violators.

People suspected of acts of genocide may be tried by a national tribunal in the territory where the acts were committed or by a properly constituted international tribunal whose jurisdiction is recognized by the state or states involved. For purposes of extradition, an allegation of genocide is not to be considered a political crime, and states are bound to extradite suspects in accordance with national laws and treaties. Any state party to the Convention may also call upon the United Nations to act to prevent or punish acts of genocide.

The remainder of the Convention specifies procedures for resolving disputes between nations about whether a specific act or acts constitute(s) genocide, and gives procedures for ratification of the convention.

Convention against Torture

This convention bans torture under all circumstances and establishes the UN Committee against Torture. In particular, it defines torture, requires states to take effective legal and other measures to prevent torture, declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. It forbids countries to return a refugee to his country if there is reason to believe he/she will be tortured, and requires host countries to consider the human rights record of the person’s native country in making this decision.

The CAT requires states to make torture illegal and provide appropriate punishment for those who commit torture. It requires states to assert jurisdiction when torture is committed within their jurisdiction, either investigate and prosecute themselves, or upon proper request extradite suspects to face trial before another competent court. It also requires states to cooperate with any civil proceedings against accused torturers.

Each state is obliged to provide training to law enforcement and military on torture prevention, keep its interrogation methods under review, and promptly investigate any allegations that its officials have committed torture in the course of their official duties. It must ensure that individuals who allege that someone has committed torture against them are permitted to make and official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture.. It forbids states to admit into evidence during a trial any confession or statement made during or as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment.

The second part of the Convention establishes the Committee Against Torture, and sets out the rules on its membership and activities.

The Convention was passed and opened for ratification in February, 1985. At that time twenty nations signed, and five more signed within the month. At present sixty five nations have ratified the Convention against torture and sixteen more have signed but not yet ratified it.

Convention on Eliminiation of Discrimination Against Women

This convention bans discrimination against women. The copy of the Convention on Women presently accessible through this page is a fully- indexed HTML document. A linked summary of the document will be written in the next few weeks.

Convention on the Rights of the Child

This convention bans discrimination against children and provides for special protection and rights appropriate to minors. The copy of the Convention on the Rights of the Child presently accessible through this page is a fully-indexed HTML document. A linked summary of the document will be written in the next few weeks.

Charter of the United Nations

The Charter of the United Nations contains some important human rights provisions, in addition to containing the framework for the organization as a whole. This is a fully indexed HTML version of the charter. A summary will be written at some future date.

Created on July 8, 1994 / Last edited on January 25, 1997