Category Archives: Law

Privacy and Open Government: We need your feedback!

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From: Yona Maro

Making government more open and responsive should not mean compromising on privacy and data protection. At the Open Government Partnership Summit last year, privacy was identified as a “thorny issue”. Taking up the challenge, the authors of the Open Government Guide recognised the primacy of privacy to good governance and asked Privacy International to contribute a chapter on this topic. This draft chapter identifies that privacy and data protection are implicated in the work of many government institutions, but particularly the police and public security services, whose work necessarily involves intrusion into the private sphere.

Because technologies are so rapidly changing the nature and value of information, and because huge volumes of personal data are being rapidly generated, transmitted, shared and collated, it is essential that governments are transparent about the types and amount of data they collect and the means and modes of surveillance they conduct. There must be strong oversight and accountability mechanisms in place and clear, explicit laws must govern State use of surveillance powers and access to communications data.

Another significant issue is ensuring that when officials make existing government datasets public in digital form (“open data”), the rights to privacy and data protection are at the forefront of their minds. This means thinking about, for example, whether an anonymised dataset, when matched with other datasets, could reveal personal information about individuals.
Link
https://www.privacyinternational.org/blog/privacy-and-open-government-we-need-your-feedback

—
Yona Fares Maro
Institut d’études de sécurité – SA

John Mnyika on Tanzania’s East African Legislative Assembly election

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From: Yona Maro
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Hon. John Mnyika’s witness statement regarding The Election of Tanzania’s East African Legislative Assembly IN THE EAST AFRICAN COURT OF JUSTICE FIRT DIVISION AT ARUSHA REFERENCE NO.07 OF 2012

(In the matter of interpretation of Article 50 of the Treaty for the Establishment of the East African Community)

BETWEEN

ANTON CALIST KOMU………………….CLAIMANT

AND

THE HONOURABLE ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA………………………….RESPONDENT

WITNESS STATEMENT OF JOHN MNYIKA

I, John Mnyika Member of Parliament of the United Republic of Tanzania for Ubungo Constituency, make the following witness statement regarding The Election of Tanzania’s East African Legislative Assembly members:

I wrote a letter dated 8th February 2012 with reference no. OMU/BJMT/004/2012 to the Clerk of The Parliament of United Republic of Tanzania requesting amendment to be made in the third schedule of the Parliamentary Standing Orders (The East African Legislative Assembly Election Rules).

I made those proposals commensurate with the requirement of sections 3(3)(a) and (b) of the eighth schedule made under standing order 115 of the Parliamentary Standing Orders (2007 Edition).

I requested the Clerk to recall what transpired in the Election of East African Legislative Assembly that was conducted in the Parliament of the United Republic of Tanzania on the 2nd of November 2006.

In that particular election complains arose and were raised that indicated the need for amendment of the East African Legislative Assembly Election Rules of the Parliament of the United Republic of Tanzania. I also drew to the attention of the Clerk that The East African Assembly had passed the EALA elections Act of 2011.

In that context, I recommended Parliamentary Standing Committee on rules to utilize powers vested on it by third schedule 3(a) to discuss and propose amendments to be made. I further expressed my intention to submit proposals for amendment and requested to be provided with procedures and program of the EALA Election.

I appealed for Clerk to consider my recommendations and requests urgently as elections of the EALA members had resumed in some other member states and there have been conflicts/contradictions.

I informed the Clerk that such conflicts have in some cases resulted into court objections regarding the electoral process and I cited the example of the Ruling of the Court dated 30th November 2011 of Application no. 6 of 2001 in the East African Court of Justice.

In March 2012 I received a letter dated 9th February 2012 with reference number CA/155/232/01/57 requiring me to submit my proposals for the amendment; I submitted the respective proposals on 28th March 2012 with reference number OMU/BJMT/005/2012.

I proposed the following amendments be made in the third schedule (The East African Legislative Assembly Elections Rules) in accordance with section 3 sub section 3(a) of Parliamentary Standing Orders (2007 Edition):

In section 5 sub section 5: add “Group E: Youth Candidates”;

In Section 9: add sub section 3 “The Members Elected shall in as much as it is feasible represent:

Political Parties represented in the National Assembly

Shades of Opinion

At least one third shall reflect either gender

Institutional Memory

In Section 11 sub section 3: Add “Group E: Youth Candidates”.

On February 2012 through another letter with reference number OMU/BJMT/007/2012 I submitted to The Clerk of The Parliament of the United Republic of Tanzania further proposals for immediate amendment of the East African Elections Rules.

I emphasized that the EALA Elections Rules were made on the basis of Standing Order No. 12 and Article 50 of the treaty for the Establishment of the East African Community.

Standing Order No. 12 provides in Kiswahili and I quote:

“Uchaguzi wa Wabunge wanaokwenda katika vyombo vingine ambavyo kwa mujibu wa Sheria zilizounda vyombo hivyo vinatakiwa viwe na wawakilishi wa Bunge na uchaguzi wa kuwachagua Wabunge wa bunge la Afrika Mashariki utafanywa kwa kuzingatia, kwa kadri iwezekanavyo,uwiano wa idadi ya Wabunge wa Vyama mbalimbali vya Siasa vinawakilishwa Bungeni, uwakilishaji wa jinsia na uwakilishaji wa pande zote mbili za Muungano”.

“The operative words are utafanywa kwa kuzingatia, kwa kadri iwezekanavyo –

Uwiano wa idadi ya wabunge wa vyama mbali mbali vya siasa vinavyowakilishwa bungeni”.

I underscored that the plain and natural meaning of these words is that each political party is entitled to have a representation in the EALA which is equivalent to the percentage of its members in the National Assembly.

I indicated to The Clerk that in the present set up, the parties that are entitled to sponsor candidates for the EALA in terms of Rule 5 (5) of the EALA rules are the following:

CCM has 258 MPS = 74%
CHADEMA has 49 MPS = 14%
CUF has 36 MPS = 10%

In other words, CCM is entitled to sponsor 74% of the total 9 EALA members which translates into 6.66% representatives.

CHADEMA’S 14%, translates into 1.26% of the 9 members and CUF which has 10% is entitled to 0.9% of the 9 members.

However, we all know that human beings cannot be split into portions; as such CCM’S 6.66% will be rounded up to 7 members, CHADEMA ‘S 1.26% will mean that it gets one member and CUF’S 0.9% will give it one member.

The other parties which have far less than 1% of representation in the National Assembly are not entitled to sponsor candidates for election to EALA.

However the extract of rules of procedures for nomination of candidates for the election of members of the East African Legislative Assembly provided 6(2) from Standing Order Schedule 3 Section 5(5) “Any political party which is entitled to sponsor candidates, except for the ruling party which will not submit names of candidates for group C, may submit to the Returning Officer names of three candidates for each vacant seat…”.

The second limb of Standing Order 12 which dealt with the taking into account of gender and people from the other side of the Union, I explained in my opinion that did not apply to CHADEMA and CUF because the two parties are only entitled to sponsor one candidate each.

As for CCM which, as we said is entitled to sponsor 7 candidates, it was to take into account both gender and representation of both sides of the Union in its nomination of the seven candidates.

Consequently I proposed relevant amendment needs to be done and also the returning officer is supposed before nomination to indicate party’s that are entitled and for which groups.

I also proposed other immediate amendments to rectify errors of substance and form in the EALA Elections Rules such as:

Rule 5 (3) (b) and (c)
The question whether a candidate has the requisite experience and or interest should be left to the National Assembly. The Returning Officer’s role should be confined to ensuring that the application is accompanied by the relevant information or documents.

Rule 6 – “instead of deposit a non refundable deposit” it should
read to “deposit a non refundable application fee” the word
– “for” should be deted after ‘cover’

Rule 7 – The Returning Officer cannot raise objections and determine
those objection himself. If the nomination papers do not comply
with Rule 5 (2) (a) (b) and (3) (a) (b) the Returning officer should
simply return the papers to the candidate.
The issue of the merits of the application should be determined
by the National Assembly.

Rule 8 – The proper wording should be “which shall not be more”

Rule 9 – The comma should be placed after the word “thereafter” and
not before the word.

Rule 10 (2) – The word “length” should be deleted so as to read “for such
time”

Rule 11 (3) – The groups mentioned under this subsection are
superfluous.
The parties entitled to sponsor candidates, should be
reminded to comply with Standing Order 12 on issues of
gender and the both sides of the union when submitting
names of their candidates.

Rule 12 (1) – The word “casted” should read ‘cast’

-The counting agents should be four instead of two and one
half of them should be appointed by the respective opposition
parties (those entitled to sponsor candidates)

12 (2) The word “votes” standing between ‘have’ and ‘been’ should
be deleted so as to read “ballots have been collected”
– needs recasting so as to read as follows:

“Immediately after all the ballots have been collected, the
Returning officer, with the assistance of Clerk Assistants shall
count the votes in the presence of the counting agents”

Rule 13 (b) – delete the word “number” so that it read “majority of votes”

Having realized that The Clerk was continuing with the electoral process as the Returning Officer without the requisite amendments I decided to make the matter public by issuing a press release on 8th April 2012 calling for response.

Also appealed to stakeholders to push for amendments before the nomination of candidates that was scheduled to be made on 10th April 2012 and the elections that was planned to be conducted on 17th April 2012.

The Returning Officer (The Clerk) nominated the candidates prior to addressing my requests and few days before the Election Day, I was called to make presentation on by proposals for amendment to the Parliamentary Committee on rules.

On 16th April 2012, I received a letter from the Clerk of the Parliament of United Republic of Tanzania that after seriously considering my proposed amendments to the East African Legislative Assembly Election Rules (i.e Third Schedule to the Parliamentary Standing Orders 2007 Edition) they were unable to take them on board.

They replied that my proposals were not considered because they were contrary to the letter and spirit of Article 50 of the treaty, save for the typographical error which shall be rectified accordingly in future accordance with the established and applicable parliamentary procedure.

The Clerk further provided the following grounds for the decision:

The East African Legislative Assembly Election Rules are made under Article 50 of the Treaty for the East African Community (EAC Treaty) and Order 12 of the Parliamentary Standing Orders, 2007 Edition.

Article 50 of the EAC Treaty is the Grand Norm and enabling provision for part of the provisions of Order 12 of the Parliamentary Standing Orders 2007 Edition, and the East African Legislative Assembly Election Rules, and for that reason, Order 12 and the said Rules ought not to be in conflict with the provisions of that Article.

That general rule was laid down in the case of Prof. Peter Anyang’ Nyong’o & 11 Others Vrs. Attorney General of Kenya & 4 Others [East African Court of Justice Reference No. 1 of 2006], in which the Court held inter alia as follows:-

National Assembly procedure for election of the nine members of the East African Legislative Assembly, in the form of election rules which embody the democratic principle of proportional representation, does not reflect the correct object and purpose of Article 50 as intended by the parties to the Treaty by the reason that, representations of various political parties represented in the national Assembly, shades of opinion, gender and other special interest groups are not achieved.

The nine elected members have to as much as feasible, be representative of the specified groupings, (i.e. the various political parties represented in the national Assembly, shades of opinion, gender and other special interest groups).

The election rules which provide to the effect that, that National Assembly shall elect the nine members of the East African Legislative Assembly “according to the proportional representation of every political party in the National Assembly”, are in partial compliance with Article 50 of the Treaty because, the absence of any provision to carter for gender, shades of opinion and other special interest groups is a significant degree on non-compliance, notwithstanding the discretion of the National Assembly in determining the extent and feasibility of the representation.

Rules made for the purpose of implementing provisions of the Treaty cannot be permitted to violate any provision of the Treaty through use of legal fiction.

To uphold legal fiction (i.e. importing the democratic principle of proportional representation) would be tantamount to upholding an amendment of Article 50 of the treaty, by one Partner State unilaterally.

National Assembly Election Rules which are inconsistent with or in infringement of Article 50 of the Treaty renders them null and void to that extent of their inconsistency.

According to the Judgment o the East African Court of Justice, the provisions or Order 12 of the Parliamentary Standing Orders, 2007 which purport to import the principle of “proportional representation” of political parties represented in the National Assembly are null and void to that extent of their inconsistency with Article 50 of the Treaty.

On The Election Day 17th April 2012, I raised the matter in Parliament requesting for Speakers Guidance through rule 68 (7) regarding the Rule no. 12 of Parliamentary Standing Order (Edition 2007) that provides for proportionality in the Election of East African Assembly members. I requested for the Speaker to ensure that proportional representation is guaranteed in the elections of the two members representing the opposition.

The was also a plea by Hon. David Silinde who apart from calling for the rule of proportional representation be maintained inquired response of the complain and objection letters he submitted on 11th and 15th April 2012. He had objected among other things the nomination of a candidate from a non parliamentary party in the EALA election.

However, the Speaker’s decision was commensurate to grounds provided before by The Clerk of The National Assembly. In which case, I deliver this witness statement for this Honorable court to deliberate on whether or not the election of EALA members in Tanzania conformed fully to Article 50 of the treaty.

On whether or not, Chama cha Demokrasia na Maendeleo (CHADEMA) the official opposition party deserved to have a seat as per its proportion in The Parliament of United Republic of Tanzania.

I beg to submit,

John Mnyika (MP)
18/02/2014

World & Kenya: ICC to terminate President UHURU KENYATTA’s case

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From: maina ndiritu

Tuesday February 11, 2014 – The International Criminal Court (ICC) will terminate cases facing President Uhuru Kenyatta before the end of this month, a senior official of the ICC has exclusively said According to the official, the judges at the ICC held a brainstorming meeting on Saturday where they resolved to terminate the case facing Uhuru Kenyatta on technical grounds.

The judges argued that the Office of the ICC Prosecutor, Fatou Bensouda, did not convince the judges on why Uhuru’s case at the ICC should be adjourned indefinitely until the Kenyan Government agrees to give the, his financial details.

They said they cannot hold Uhuru Kenyatta hostage because the Kenyan Government and Uhuru Kenyatta are two different parties in the case.

“Uhuru is sued by the ICC as an individual and the Kenyan Government is another entity,” one of the ICC judges said.

The session was a closed door affair and only Bensouda and victim’s lawyers were allowed to enter.

The ICC judges are now waiting for Kenya’s Attorney General, Prof Githu Muigai, who will brief them on the Government position regarding the ICC cases facing Uhuru and his Deputy, William Ruto.

After Githu Muigai’s briefing, the judges will wait for another 14 days where they will officially terminate Uhuru’s case under the Procedures and Rules of the Rome Statute.

DID YOU KNOW STATE CAN BE SUED FOR VIOLATING BASIC HUMAN RIGHTS?

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from: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, FEBRUARY 11, 2014

Susan from Kibwezi, Machakos Diocese writes: “Dear Fr Omolo I read your homily on fifth Sunday in ordinary time with keen interest. I was particularly moved by the way you analyzed the first reading from Isaiah 58: 7-10 how he called on people of God to share bread with the hungry, shelter the oppressed and the homeless; clothe the naked when you see them, and do not turn your back on your own.

Today in our societies there are people who are marginalized and denied access to basic human rights needs, especially by politicians. For example, here in Kenya politicians are instead using people to vote for them to acquire power and not that they are interested in their welfare and needs.

My second concern Father is that as Catholics we seem to be slow in talking of these evils openly and condemn them like other denominations like NCCK. Where are our catholic bishops, why are they not speaking on matters of social issues?”

Thank you for your concern Susan. In fact you are absolutely right that here in Kenya the system of using other ethnic communities to combine with yours in order to ascend to power is not only wrong but immoral. That is why I am always against the coalition system of power.

That is why leaders who are elected through such systems do not mind whether some people are marginalized, have no food, water, shelter, healthcare, among other basic human needs. Some Member of Parliamentarians cannot cater for the needs of his/ her electorates because he bought them.

Basic needs of humans are things we cannot do without in our daily life including healthcare. The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.

Government in place can be sued if these rights are violated. For example Turkana and Pokot could sue the government of Kenya for not supplying them with food. Currently there is severe hunger and droughts in these communities to the extent that they opt for eating dogs.

No poor Kenyan can be chased away from public hospitals and dispensaries because they did not have Ksh 100 buying registration card, or turned away because of lack of money for medicines.

This is because the human right to health guarantees a system of health protection for all. These are taxpayers and as such they own public health facilities. That is why healthcare must be provided as a public good for all, financed publicly and equitably.

The human right to health care also means that hospitals, clinics, medicines, and doctors’ services must be accessible, available, acceptable, and of good quality for everyone, on an equitable basis, where and when needed.

On the other hand, the right to an adequate standard of living requires, at a minimum, that everyone shall enjoy the necessary subsistence rights: adequate food and nutrition, clothing, housing and the necessary conditions of care when required.

It is the responsibility of the Government of Kenya to establish a range of protective measures to prevent contamination of foodstuffs through adulteration and/or through bad environmental hygiene or inappropriate handling at different stages throughout the food chain; care must also be taken to identify and avoid or destroy naturally occurring toxins.

Again, for housing to be considered adequate, it must be habitable. Inhabitants must be ensured adequate space and protection against the cold, damp, heat, rain, wind or other threats to health, or structural hazards. That is why Government of Kenya must include in its program to upgrade slums to good human standard.

Housing must also be accessible to everyone, especially to the disadvantaged groups such as the elderly, the physically and mentally disabled, victims of natural disasters, children and other disadvantaged groups.

The right to water and the right to an adequate standard of living are intrinsically linked. Enjoyment of the right to water is an essential component of the fulfilment of the right to an adequate standard of living (food and housing) and the right to health. Without equitable access to clean water, these other rights are not attainable.

Your second question is interesting. I don’t think Catholic bishops are silence on social issues. They have always issued pastoral letters on matters of social issues in accordance to the Catholic social teaching, the body of doctrine developed by the Catholic Church on matters of poverty and wealth, economic, social organization and the role of the state.

Its foundations are widely considered to have been laid by Pope Leo XIII’s 1891 encyclical letter Rerum Novarum, which advocated economic distribution and condemned bothe capitalism and socialism, although its roots can be traced to the writings of Catholic thinkers such as St. Thomas Aquinas and St. Augustine of Hippo, and is also derived from concepts present in the Bible.

Pope Benedict XVI’s 2009 Encyclical Caritas in Veritate has also added many additional perspectives to the Social Teaching tradition, including in particular relationships with the concepts of Charity and Truth, and introduced the idea of the need for a strong “World Political Authority” to deal with humanity’s most pressing challenges and problems.

In Caritas in Veritate, the Catholic Church declared that “Charity is at the heart of the Church”. Every responsibility and every commitment spelt out by that doctrine is derived from charity which, according to the teaching of Jesus, is the synthesis of the entire Law (Matthew 22:36-40).

This is also in accordance to Pope Francis’ 2014 Lenten message on charity to help the poor and needy people in our communities. It gives real substance to the personal relationship with God and with neighbour; it is the principle not only of micro-relationships but with friends, family members or within small groups.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

Omolo_ouko@outlook.com
Facebook-omolo beste
Twitter-@8000accomole

KENYA: SUGAR INDUSTRY IN KENYA IS ON THE VERGE OF TOTAL COLLAPSE

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Sugar industry feature By Leo Oder5a Omolo in Kisumu City

Sugar millers in West Kenyan have huge stockpile of unsold produce in their warehouses.

The millers have reported that they are unable to sell the commodities as the local market is currently flooded with cheap sugar imported from Brazil and Egypt finding its way into Kenyan market via unscrupulous folk working in cohort with sugar barons who are reportedly importing cheap sugar from foreign sources. The sugar barons are said to be having connections with the powerful government officials in high places.

The traders in question are the same people responsible for poor cane prices but the Kenya Board, which is the industry regulating body is unable to intervene.

Farmers and millers have appealed to the KSB to come out of its slumber and rescue the sugar industry from totally collapsing.

Frustrated Millers are now said to be in the process of declaring thousands at their workers redundant because of sugar worth millions which the companies were unable to sell in the local market which is currently flooded with imparities sugar. The situation is so pathetic as it threatens to drive Kenyan workers in the sugar industry out of their jobs while we are exporting our money to benefit came farmers and workers in Brazil, Egypt and other sugar producing foreign countries.

Perhaps the Jubilee government headed by the hard working President Uhuru Muigai Kenyatta is kept in the dark about multiple arts of economic sabotage through the malfeance the dumping from regions outside COMESA .

A structure deficit exists in COMESA with their surplus from domestic sources and weak compliance for that portion destined to Kenya.

There is urgent need for Kenya key players in the industry to lobby for the exclusion of sugar from rules of origin teamwork and only all our COMESA FTA countries with surplus trafrom domestic production to expert to Kenya.

SNC of Egypt, a government corporation, imparts on government authorization from Brazil over one million metric tones annually for local market supply stabilization and the export the sugarcane into COMESA FTA under rules origin; a glaring loophole must transfer economic welfare to Brazil and producers at the expense

Kenyan sugar cane farmers in the Lake region and western Kenya SIIC of Egypt, a government corporation, imports an government authorization to aim Brazil over one million metric tones annually for it local market supply stabilization and le-export the same quantity into COMESA FTA under rule of origin, a glaring loophole that transfers economic welfare to the Brazilians producers at the expense of the Kenyan sugar cane farmers in the Lake region and in Western province.

It is worth to be remembered that. Egypt is pursuing a mixed economic model of country and free market approaches.

Tax evasion, which is so rampant among private millers who under declare production and sell sugar-un-invoiced. Immigration breaches on work permits through the use of low skilled migrant labor from India and Paikstan…is prevalent in some privately owned sugar mills………some process sugar millers who under dealer production and sell sugar uninvoiced immigration measures on work per unit through the use of low skilled migrant labour train Pakistan and India is prevalent in privately owned sugar mills.

These breaches of fair labour practices allow transfer across traction mixing through inflated repatriated remuneration and contribute to you unemployment in the country

Transfer prices for imported parts and materials act through our country’s own incorporated supplies companies in the UK and India.

Dumped sugar from UAE and Somalia, India, Brazil is fueling crime through financing it. Contraband dumped sugar is used to under through “duty money.”

Incorporate businessmen from Somalia community posing as large sugar traders are the one funding crime from sugar trade, which 15 million Kenyans who depends on locally produced sugar supply chain both directly and indirect arein danger of t of further impoverishment if order is not restored.

Sugarcane farmers / producers have suffered a deadline in farm produce prices from Kshs. 4,300 to Kshs. 3,200 per t0n of produces in the last 18 months and is in danger of further declare to Kshs. 2,500

Unprecedented counterfeiting of packaging for leading sugar brands of Mumias Sugar Company and Sony Sugar is blatantly being carried out by contrabands and sugar traders dumping the non-COMESA sugar in local market.

The produce packed in counterfeit packaging of these two leading companies are openly sold in the coastal towns, North Eastern and part of Eastern, Rift valley and Mount Kenya regions of Kenya. The government therefore should out a thorough investigation about the source of repacked and trended sugar calling in the main supermarket outlets and tact for wholesomeness.

The government should also address public health concerning that radioactive waste and harmful heavy metal could be released to un-susceptive consumer public in Kenya.

Surplus production stocks from prior years, kept in open shortage in countries such as Brazil, India one reproduce of choice for dumping to countries with weak regulatory regimes. The open manner of handling could expose Kenyan Public Health concerns since such sugar is meant for further KRA and KEB’s are powerless in contending the vice involving trip money in Kick back.

End.

Nigeria: CSPDN Press Release: National Dialogue: Civil Society Sets Agenda

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From: Cheekless 2011
CSPDN Press Release

Ahead of the forthcoming National Dialogue, over one hundred Civil Society Organisations in Nigeria converged in Abuja on Wednesday 5 February 2014, and declared support for the initiative, even as they drew an agenda for consideration.

The participants drawn from all parts of the country under the aegis of Civil Society Partnership for Development in Nigeria (CSPDN) brainstormed and passed far-reaching resolutions.

According to a 12-point Communiqué issued at the end of the meeting, signed by the CSPDN National Chairman, Dr. Uzodinma Adirieje; Chairman, Communiqué Drafting Committee, Mr. John Akuse; and six other CSOs representatives (one from each of the six geopolitical zones), the third Sector representatives articulated several points which they consider very critical for the continued existence and progress of the country.

Among the issues considered for deliberation are: widespread corruption in the country, injustice and violation of laws; fundamental rights, gender equity and protection of children and vulnerable groups; citizens’ participation in governance; peace and social security, as well as health and human capital development.

Others are: youth mobilization, involvement in governance and political violence; transparency and equity in resource allocation; removal of immunity clause protecting some public officers in criminal matters; effective implementation of federal character to be inclusive of residents of every state and merit-based appointments across the country; review of the country’s governance structure, among others.

While appreciating the Federal Government for the inclusion of the Civil Society in the Confab, participants unanimously agreed that the 24 slots availed Civil Society Organisations in the country are grossly inadequate, considering the critical role they play as the third sector of the economy.

Continuing, they called on the National Assembly to ensure that the decisions of the Conference are given legal effect through integration into the ongoing constitutional amendment.

Highlights of the consultative meeting were the setting up of nine Technical Working Groups (TWGs) covering the identified critical areas and the nomination of twenty-four Civil Society representatives for the National Dialogue through a transparent democratic process.

Commenting on the proceedings of the meeting and selection process of Civil Society representatives, Chairman of the Communiqué drafting committee, Mr. Austin Osakwe described it as transparent and urged other sectors of the economy to learn from the third sector.

Some of the Civil Society Organisations present at the meeting are: Afrihealth Optonet Association; Media Initiative Against Injustice, Violence and Corruption- MIIVOC, Women Rights to Education Programme, Last Born Humanity and Development Foundation, African Child Social Empowerment Centre, Citizens Center for Integrated Development & Social Rights-CCIDESOR, Advocacy Initiative for Rural Mobilization and Upliftment and International Centre for Women & Child development.

Others include: Rural Women & Youth Development and Borno State Network for Peace, Center For Integrated Development And Social Rights, Ashbet Initiative, Body And Soul NGO, Habitat Care And Protection Initiative, Poverty In Africa Alternative (POVINAA), Initiative For Community Development, Lion’s Pride Children Initiative, Initiative For Grassroot Advancement (Ingra), Universal Agricultural Empowerment And Development Initiative, Youth Track Millennium Development Initiative, Social Welfare Network Initiative, Social Welfare Network Initiative, Lastborn Humanity and Development Foundation, Education as a Vaccine, Civil Resource Development and Documentation Center, Live Healthy Organization, Growing Businesses Foundation, Women’s Right To Education Programme, Advocacy Initiative for Rural Mobilization And Upliftment, Advocacy Initiative For Rural Mobilization, Foundation For Family Valves and Health Orientation and Empowerment, Shinning Status Women and Youth Initiative, Street Of Diamond Children/Women Health Care, David Mark Bonaventure Initiative, Poverty and Associated Maladies Alleviation Initiative (PAMAI), among others.

Walter Duru
Publicity Coordinator

DRC; ICC: Q&A – – Hearing to Confirm the Charges Against Bosco Ntaganda at the International Criminal Court

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From: Abdalah Hamis

On February 10, 2014, the judges of the International Criminal Court (ICC) will hear evidence against Bosco Ntaganda, a rebel leader from the Democratic Republic of Congo, in a short hearing to determine whether the case against him should proceed to trial.

Ntaganda has been implicated in grave crimes in eastern Congo over the past decade, but managed to avoid arrest for almost seven years after the ICC issued its first arrest warrant for him in 2006. His long record of involvement with a succession of armed groups responsible for killings, rapes and other atrocities had made him a symbol of the impunity for grave abuses that has plagued eastern Congo. Having Ntaganda finally face justice is a momentous development for accountability in Congo and for the victims and rights advocates who worked over the years seeking his arrest.

The hearing for Ntaganda underscores the vital role of the ICC in ensuring accountability for grave international crimes when national courts are unwilling or unable to do so. Over the past year, some African governments and the African Union have criticized the ICC, calling on African member countries not to cooperate with the court and seeking immunity from prosecution for heads of state. Amidst this, the Ntaganda hearing is a powerful reminder that the ICC is often the only hope for justice when impunity prevails at the national level.

1. Who is Bosco Ntaganda?

2. What are the ICC charges against Ntaganda?

3. What happened in Ituri?

4. How did the ICC gain custody of Ntaganda?

5. What will happen at the February hearing?

6. What rights does Ntaganda have during the hearing?

7. Can victims participate in the hearing?

8. Who is paying for Ntaganda’s lawyer?

9. What happens after the February hearing?

10. Is the ICC prosecuting Ntaganda for crimes committed after 2003?

11. Why the delay in bringing Ntaganda to the ICC?

12. Didn’t past pressure to arrest Ntaganda encourage him to start a new war in North Kivu province?

13. How will people in Congo follow the proceedings in The Hague?

14. What else is the ICC doing in Congo? What more should it do?

1. Who is Bosco Ntaganda?

Bosco Ntaganda is a rebel leader who has been active in various armed groups in eastern Congo since the late 1990s. For several years, he also served as a general in the Congolese army. He has been sought by the International Criminal Court for war crimes since 2006.

Ntaganda was born in 1973 in Kinigi, Rwanda. He fled to Congo as a young teenager amid attacks on ethnic Tutsi in Rwanda. He began his military career in 1990 in the Rwandan Patriotic Front (RPF), a Rwandan rebel group based in Uganda; the RPF went on to stop the Rwandan genocide in 1994 and formed the government that is still in power in Rwanda today. Ntaganda then joined the new Rwandan army and participated in the Rwandan military invasion of Congo in 1996. In 1998, during the “Second Congo War,” he joined a Congolese rebel group backed by Rwanda, the Rally for Congolese Democracy (RCD). He subsequently moved among various Congolese militias before joining the Union of Congolese Patriots (UPC) in 2002. The UPC was an armed group that purported to further the interests of the Hema ethnic group in the Ituri district of north-eastern Congo.

From 2002 to 2005, Ntaganda served as chief of military operations under the UPC’s leader, Thomas Lubanga. During that period, forces under Ntaganda’s command were implicated in many serious human rights abuses, including ethnic massacres, torture, rape and the widespread recruitment of children, some as young as 7. Lubanga was the first person to go to trial before the ICC. He wasconvicted in 2012 for recruiting and using child soldiers in Ituri and sentenced to 14 years in prison. Ntaganda was the co-accused in that case but managed to elude justice until he surrendered in 2013. During that time, he continued to lead troops responsible for grave abuses and received significant support from backers in the Rwandan military.

2. What are the ICC charges against Ntaganda?

In the first ICC arrest warrant in August 2006, Ntaganda, like Lubanga, was charged with the war crimes of enlisting and conscripting children under 15 as soldiers and using them to participate actively in hostilities in the context of the armed conflict in Ituri in 2002 and 2003. The ICC issued a second arrest warrant against Ntaganda in July 2012, with four additional counts of war crimes and three counts of crimes against humanity, including charges of murder, attacks against the civilian population, rape and sexual slavery, pillaging, and persecution, all allegedly committed during the Ituri conflict in 2002 and 2003.

The second arrest warrant addressed concerns expressed by Congolese activists and Human Rights Watch about the narrow scope of the charges initially brought against Lubanga and Ntaganda. The expanded set of charges is more representative of the range of grave crimes allegedly committed by the UPC in Ituri. The additional charges are important in bringing justice to the victims of these further crimes, who belong predominantly to the Lendu ethnic group, and enabling them to participate in proceedings at the ICC. This had not been possible in the Lubanga case as the charges were limited to the use of child soldiers by the UPC, most of whom were from the Hema ethnic group. However, the additional charges do not cover crimes committed in North Kivu province since 2006.

3. What happened in Ituri?

Ituri district has been one of the worst affected areas in eastern Congo’s prolonged conflict. Localized fighting between Hema and Lendu ethnic groups that began in 1999 over land disputes expanded after Ugandan military forces backed Congolese armed groups. As the conflict spiralled and armed groups multiplied, more than 60,000 civilians died. Competition for the region’s lucrative gold mines and trading routes was a major contributing factor to the fighting. Foreign armies and local militia groups fought each other and committed numerous abuses, often targeting civilians. Armed groups, such as Ntaganda’s UPC, carried out widespread ethnic killings, torture and rape.

Human Rights Watch documented in depth serious human rights abuses in Ituri in the early 2000s, including in three detailed reports in 2001, 2003 and 2005. While the situation has become significantly more stable in recent years, armed groups are still active in some parts of Ituri.

4. How did the ICC gain custody of Ntaganda?

Ntaganda is the first accused to surrender voluntarily to the ICC. In a surprising twist of events, on March 18, 2013, he turned himself in to the United States embassy in Kigali, Rwanda, and asked to be transferred to The Hague. His motives remain unclear. Prior to his surrender, there had been clashes between two factions of his most recent armed group, the M23, in eastern Congo. The faction opposed to Ntaganda had gained the upper hand. This may have prompted Ntaganda to flee Congo. Ntaganda may also have lost the support of his Rwandan backers, leading him to fear for his life and to surrender.

Cooperation by the United States – although not an ICC member country – was critical to enable the prompt and efficient transfer of Ntaganda to the ICC, on March 22, 2013. Cooperation by Rwanda and Congo, which did not oppose the transfer, also helped facilitate it.

5. What will happen at the February hearing?

The hearing to confirm the charges against Ntaganda is not a trial. It will allow the judges of pre-trial chamber II to evaluate whether the prosecution has enough evidence to move ahead with a trial on the charges cited. The prosecution need not present all of its evidence at this stage but enough to satisfy the judges that there are “substantial grounds to believe” that Ntaganda committed the crimes alleged. This is a higher burden than the “reasonable grounds to believe” standard used by the chamber when issuing arrest warrants.

Ntaganda, through his defense counsel, can object to the charges, challenge the prosecution’s evidence, and put forward his own evidence. However, the hearing is not aimed at determining guilt or innocence.

The pre-trial chamber has indicated that the hearing will start on February 10. It was initially scheduled to start on September 26, 2013 but was postponed at the request of the Office of the Prosecutor to allow more time to prepare the case, as it had been dormant for several years.

6. What rights does Ntaganda have during the hearing?

Ntaganda’s rights during this hearing are similar to his rights during the trial. He is presumed innocent until proven guilty and is entitled to a fair and expeditious hearing, conducted impartially.

In advance of the hearing, Ntaganda has been provided with a document containing the charges sought by the prosecutor, as well as a list of the evidence the prosecutor intends to rely on at the hearing.

The disclosure of this evidence, as required by the Rome Statute, the ICC’s founding treaty, has been on-going for several months. In recent filings, Ntaganda’s defense lawyers raised concerns about delays in the disclosure process and about the prosecution’s inability to disclose 116 documents containing exculpatory information. In the case against Lubanga (Ntaganda’s co-accused), proceedings were halted twice because of difficulties related to the disclosure of evidence collected by the Office of the Prosecutor under confidentiality agreements with the sources.

In accordance with the Rome Statute, Ntaganda is entitled to have the proceedings held in a language he fully understands and speaks. During his initial appearance before the court, he indicated that he “understands French somewhat… but speaks Kinyarwanda fluently.” Balancing issues of fairness and potential costs and delays incurred through extensive translations, the pre-trial chamber has decided to allow the translation into Kinyarwanda of documents considered central and material to the preparation of Ntaganda’sdefense.

7. Can victims participate in the hearing?

Under the Rome Statute, and for the first time before an international criminal tribunal, victims of the alleged crimes can participate as an independent party to the proceedings. This is an important feature of the ICC that can contribute to bridging the gap between victims and a court located thousands of kilometres away from where the crimes were committed. As participants, victims can go beyond appearing as witnesses for the Office of the Prosecutor and can present their views and concerns.

The court has agreed that 922 victims can participate in Ntaganda’s confirmation of charges hearing. These victims are separated by the court into two distinct groups: one group consists of 97 former UPC child soldiers and their relatives; and the other consists of 825 victims of UPC attacks and their relatives. Each group will be represented at the hearing by a common legal representative from the ICC’s Office of Public Counsel for Victims (OPCV). An assistant counsel will be based in Congo. The creation of two distinct groups follows concerns expressed by victim applicants that victims of Hema ethnicity (the ethnic group purportedly represented by the UPC), on the one hand, and Lendu and other non-Hema victims, on the other, might have diverging interests in this case.

The common legal representatives of the victims are expected to make opening and closing statements at the hearing and to seek permission to make oral and written submissions to the chambers.

8. Who is paying for Ntaganda’s lawyer?

Under the Rome Statute, a defendant has the right to legal counsel during criminal proceedings and is entitled to financial assistance from the court if they cannot afford a lawyer. Ntaganda’s lead counsel is Marc Desalliers, an experienced international criminal lawyer who was also part of Lubanga’s defense team.

Ntaganda has declared to the court that he is indigent and cannot pay for his legal representation. The registrar of the ICC, the court’s chief administrator, has granted him provisional legal aid during the pre-trial phase. However, this decision can be reversed at any time if the financial investigation conducted by the registrar shows that he can bear the costs of his legal defense.

Concerned countries should cooperate with the ICC in its efforts to identify a suspect’s assets and to seize them if the court asks them to. Establishing an accurate assessment of Ntaganda’s resources is also in the interest of victims who are seeking reparations. Ntaganda is believed to have amassed considerable wealth during his time as rebel leader and army general in eastern Congo, notably through seizing control of fertile land and cattle, and looting and trafficking minerals.

9. What happens after the February hearing?

After the hearing, the judges of pre-trial chamber II will have 60 days to provide a written decision. If the chamber decides that there are “substantial grounds to believe” that Ntaganda committed the alleged crimes, the charges will be confirmed and the case will proceed to trial.

If the judges decide that there is not enough evidence to confirm some or all of the charges, the prosecutor can submit additional evidence and request a new confirmation of charges hearing.

The judges could also adjourn the hearing and ask the prosecution to consider providing more evidence or conducting further investigations in relation to a particular charge. In addition, they could ask the prosecutor to consider amending a charge if it appears that the evidence presented establishes a different crime.

10. Is the ICC prosecuting Ntaganda for crimes committed after 2003?

In 2006, after leaving the UPC following internal disputes, Ntaganda moved to North Kivu in eastern Congo and remained there until he surrendered in 2013. During this period, Human Rights Watchdocumented ethnic massacres, killings, rape, torture and recruitment of child soldiers by armed groups or army units under Ntaganda’s command.

None of the grave crimes allegedly committed in North Kivu province are covered in the current ICC case against Ntaganda, which focuses solely on alleged crimes in Ituri. At this stage of the proceedings, and given time and resource constraints, it is unlikely that the ICC prosecutor will add further charges relating to crimes in North Kivu province in this case.

It is regrettable that the prosecution’s case does not more fully address the range of crimes allegedly committed by troops under Ntaganda’s command. As a result of this limited focus, many atrocities in North Kivu and South Kivu provinces remain largely unaddressed, both at the ICC and before national courts in Congo. The ICC prosecutor should investigate those most responsible for these grave crimes, including high-level military and political officials who backed militias there, including Ntaganda’s. Rebel and Congolese army commanders implicated in grave crimes who are not being sought by the ICC should be promptly investigated at the national level by Congolese judicial authorities.

Abuses carried out under Ntaganda’s command in North Kivu province

In 2006, Ntaganda became military chief of staff of the National Congress for the Defense of the People (Congrès national pour la défense du peuple – CNDP), a Tutsi-led rebel group in the province of North Kivu, backed by Rwanda. Among other grave abuses, CNDP troops under Ntaganda’s command massacred an estimated 150 people in the town of Kiwanja. Ntaganda was present at the time according to video footage filmed by foreign journalists.

In early 2009, the Rwandan and Congolese governments reached an agreement: in exchange for Rwanda’s assistance in ending the CNDP rebellion and putting its leader, Laurent Nkunda, under house arrest, the Congolese government integrated CNDP fighters into the Congolese army and made Ntaganda a general and deputy commander of military operations in eastern Congo. This was despite the ICC arrest warrant against him and the Congolese government’s legal obligation to arrest him.

Ntaganda later became acting commander of military operations and used his position to create a parallel command structure in the Congolese army, with former CNDP soldiers who remained loyal to him. Army troops under Ntaganda’s command carried out numerous attacks on civilians, including killings, rapes and burning homes. In 2009 alone, Human Rights Watch documented the killings of more than 730 civilians by Congolese army soldiers and their allies during military operations against the Democratic Forces for the Liberation of Rwanda (Forces Démocratiques de Libération du Rwanda, or FDLR), a largely Rwandan Hutu armed group, some of whose members participated in the 1994 genocide in Rwanda. Most of these killings were carried out by former CNDP troops under Ntaganda’s command.

In one incident between April 27 and 30, 2009, Congolese soldiers attacked camps in the Shalio Hill area and killed at least 129 Rwandan Hutu refugees, mostly women and children. During the same incident, soldiers abducted at least 40 refugee women and girls, held them as sexual slaves, gang-raped and mutilated them.

From 2009 to 2011, Ntaganda led a brutal campaign against perceived military and civilian opponents, allegedly ordering assassinations, arbitrary arrests, and other unlawful acts. He recruited child soldiers and thwarted efforts to demobilize them. He blocked judicial investigations into abuses committed by those loyal to him and used his influence in the military to confiscate land and increase his wealth.

In April 2012, after the Congolese government signalled it would seek to arrest Ntaganda and break up the parallel command structure in the army, Ntaganda and those loyal to him defected and formed a new rebel group, the M23, named after the March 23, 2009 peace accord between the government and the CNDP. M23 fighters in turn committed numerous grave abuses, including summary executions, rape, and recruitment of child soldiers.

11. Why the delay in bringing Ntaganda to the ICC?

The ICC does not have its own police force and relies on the cooperation of governments to carry out its arrest warrants.

In the period following the first ICC arrest warrant against Ntaganda, in 2006, Ntaganda’s then-rebel group, the CNDP, was in a strong position: it controlled significant territory in North Kivu and militarily repulsed the Congolese army several times. In May 2007, the Congolese president, Joseph Kabila, confidentially requested assistance from the United Nations peacekeeping mission in Congo (MONUC, since renamed MONUSCO) in arresting Ntaganda, but no further progress was made.

In 2009, President Kabila integrated Ntaganda into the army and declared that “now was the time for peace, not the time for justice.” He claimed that Ntaganda was an essential component for stability in eastern Congo. Congolese nongovernmental organizations denounced the deal and called on Kabila to arrest, rather than reward, Ntaganda. Human Rights Watch also called repeatedly for Ntaganda’s arrestand for the Congolese government to fulfil its legal obligations under the Rome Statute.

Over the past decade, the Congolese government has repeatedly integrated known human rights violators into the army as a short-term means to end rebellions. Instead of bringing durable peace, this has fostered a climate of impunity that encouraged, rather than deterred, further abuses.

12. Didn’t past pressure to arrest Ntaganda encourage him to start a new war in North Kivu province?

In April 2012, President Kabila indicated he was prepared to arrest Ntaganda. That, together with the ICC conviction of Lubanga in March 2012, may have been a factor in prompting Ntaganda and soldiers loyal to him to mutiny. Some Congolese officials and commentators have said they believed that it was the insistence on justice that led to the creation of the M23 and a renewed round of fighting in eastern Congo in 2012.

This interpretation overlooks important facts. It is the lack of justice – not efforts to bring abusers to justice – that has encouraged cycles of violence in eastern Congo over the past two decades. Military commanders such as Ntaganda have seen time and again that there was no price to pay for atrocities against civilians. On the contrary, those implicated in grave abuses were routinely rewarded through integration into the Congolese army. This, in turn, encouraged the emergence of numerous new armed groups, many of which have engaged in similar abuses.

Ntaganda was never an “instrument of peace,” as the Congolese government claimed. Soldiers under Ntaganda’s control carried out abuses even after Ntaganda was made a general in the Congolese army. Ntaganda was also implicated in targeted killings, enforced disappearances and arbitrary detention of people who called for his arrest or denounced alleged abuses until he eventually fled Congo and surrendered.

13. How will people in Congo follow the proceedings in The Hague?

The opening of proceedings against Ntaganda at the ICC bears great significance for the thousands of people across eastern Congo who have suffered, witnessed, or documented abuses by troops under his command. It also sends a strong warning to other abusive commanders still active in Congo.

However, the ICC is located far from the locations of Ntaganda’s alleged crimes. The court faces the challenge of making sure that its proceedings are meaningful for the Congolese people most affected by these crimes and that victims are informed of their rights.

Since 2004, the ICC’s Public Information and Documentation Section has worked to ensure that information about ICC proceedings reaches affected communities in Congo, as well as journalists, human rights activists, lawyers and judicial staff.

The court should make every effort to ensure that information about the hearing against Ntaganda is widely transmitted. It should consider holding a live screening of the hearing’s opening statements in Bunia, the capital of Ituri, where the crimes occurred. This could be followed by a discussion with ICC staff, who could answer questions from the public. As radio is the principal form of public communication in Congo, ICC staff should also ensure that the most popular national and international radio stations broadcasting in Congo have the necessary information about the hearing to cover it adequately. The ICC regularly produces audio and video summaries of court proceedings. Such a summary of the confirmation of charges hearing could be widely distributed and discussed in Ituri and elsewhere, in events organized by ICC staff.

14. What else is the ICC doing in Congo? What more should it do?

The ICC prosecutor has initiated public cases against six suspects in relation to alleged crimes committed in Congo. These include four military commanders accused of crimes in Ituri – Lubanga, Ntaganda, Germain Katanga and Mathieu Ngudjolo – and two FDLR leaders implicated in serious crimes in North Kivu and South Kivu provinces. Callixte Mbarushimana, the executive secretary of the FDLR, was arrested in France in October 2010 on an ICC arrest warrant, but pre-trial judges declined to confirm the charges against him for lack of sufficient evidence. He was released in December 2011. Gen. Sylvestre Mudacumura, the FDLR’s military commander, is still in Congo, evading justice.

Overall, however, the number and stature of Congo-related cases before the ICC do not address the scale of the crimes committed since 2002 (the year as of which the ICC has jurisdiction.).

Human Rights Watch has repeatedly called on the ICC Office of the Prosecutor to explore the regional dimension of the conflict in Congo, notably by investigating the role of senior political and military officials in Congo, Rwanda, and Uganda who supported, armed, and financed abusive armed groups in eastern Congo over the years. For example, in 2012 and 2013, Human Rights Watch documentedRwandan support to Ntaganda’s M23 rebellion, which was reminiscent of Rwandan support to previous abusive Congolese armed groups, including the CNDP and the UPC. Human Rights Watch has also called on the ICC prosecutor to investigate alleged crimes by the Congolese army and, evidence permitting, to prosecute those most responsible. These steps are crucial for the ICC to make a meaningful contribution to justice in Congo.

While we recognize that the ICC is investigating international crimes in seven other countries, and may lack the resources to take on additional Congo cases at this time, the ICC prosecutor should publicly express her intention to continue the work in Congo in the coming years. The court in turn needs strong, long-term support from ICC member countries, which should commit to allocating sufficient resources to meaningfully address these and other country situations within its mandate.

From its inception, the ICC was never intended, and does not have the capability, to investigate and prosecute all those responsible for grave international crimes in Congo. Under the “complementarity” principle in the Rome Statute, national authorities retain the primary responsibility to bring those responsible for war crimes, crimes against humanity, and genocide to account. To strengthen the capacity of Congolese national courts to hear these cases, the Congolese government has drafted legislation to establish “specialized mixed chambers” within the Congolese judicial system, which would be entrusted exclusively to deal with war crimes, crimes against humanity, and genocide and would include national and international staff.

KENYA: SHOULD RAILA APOLOGIZE FOR ALLEGING MILITARY HAND IN 2013 ELECTIONS?

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From: Joram Ragem
To: jaluo jaluo jaluo@jaluo.com

REGARDING IEBC & KIMEMIA DEMANDING AN APOLOGY FROM RAILA FOR HIS UTTERANCE THAT THE MILITARY WAS INVOLVED IN RIGGING THE LAST ELECTION.

With the passing of Nelson Mandela who fought and is admired greatly for his achievement for dismantling apartheid, with the just concluded remembrance of Martin Luther King Jr who fought for civil rights for all people, and with todays passing of Jerry Okungu there is still a lot of suppression of freedom of expression in Kenya. At Mandela’s Memorial, Uhuru Kenyatta was present and he was one of those talked about by President Barack Obama who stated that there are still many hypocritical leaders who claim solidarity with Mandela’s fight for freedom but in their own country they cannot tolerate the slightest dissent.

Raila may have more details now than he knew then or even at the time he disputed the elections in court. Be that as it may, Raila Odinga is a citizen of Kenya and has every right to his opinion.

Whoever feels this opinion is repugnant to justice, or is offensive, or is maligned by it, or is a breach of peace, or a security threat, need to go to court, instead of demanding public apologies in the very media they have suppressed.

Kenya is not the ‘wild world west’ where an offended gun trotting cowboy will post empty warnings like “Apologize Or Else.” These empty, imagined or real threats notwithstanding, those sitting in the comfort of democratically acquired power need not worry, panic or get agitated.

Look, many leaders in USA publicly stated that the USA government through the CIA, or Russia, or Cuba assassinated JFK. Because of flourishing freedom of expression no sitting government official threatened a US citizen for expressing conspiracy theories.

To wit Agwambo need not be threatened. There are many who are willing to die for this man who has been cheated the presidency twice. They really have nothing else to lose if Kenya goes up in smoke.

It is Kimemia, Gichangi, Hassan, Uhuru, Ruto, Muhoro, Kinyua, el al who will regret losing the peace and tranquility they are agitating to lose. Ignore Raila to his opinion. Let Raila enjoy his freedom of expression and being in the opposition.

You have already detained him for 8 years and stolen his presidential victory twice. Enjoy your stint in running Kenya. Lets avoid wishing to be like South Sudan. Because in just a flash of a second, we could.

USA: Rape audits?!

1 Reply

From: Nita and Shaunna, UltraViolet
Date: Tue, Jan 21, 2014 at 12:11 PM
Subject: USA: Rape audits?!
To: Frank Bynum

From: Nita and Shaunna, UltraViolet

A key Republican-led committee just passed legislation requiring rape victims to report their assaults to the IRS–and the bill passed without a single female vote. Can you chip in $10 to help hold them accountable and stop the “rape audit” bill?

http://act.weareultraviolet.org/go/1468?t=2&akid=762.6000.Q5Lxt0

Dear Readers:

They’re at it again.

Last week, a key Republican-led committee passed the notorious “rape audit” bill, requiring rape victims who get abortions to report the details of their assaults to the IRS.1 And here’s the kicker–the bill passed without a single female vote.

We know that the only way to make Republicans back off their war on women is to hold them accountable in their districts. So we’ve created a powerful ad showing the faces of the 22 men who passed this bill without the support of a single woman.

They say a picture is worth 1,000 words, and in this case, that’s absolutely true.

With the help of UltraViolet members, we’re already pushing this image out far and wide on social media. But to really make this controversy take off, we need to expand the effort with ads targeted at the districts of the men who voted for this horrifying bill so that they can’t ignore us.

If we can raise $20,000, we’ll have enough to make sure this terrible bill dies. Can you chip in $10 to help pull it off?

Yes, I’ll donate $10 to help stop the “rape audit” bill.
http://act.weareultraviolet.org/go/1468?t=3&akid=762.6000.Q5Lxt0

It’s incredible–while most Americans want Congress to focus on jobs and the economy, Republicans remain obsessed with controlling women’s bodies.

It’s almost like they’ve learned nothing from Sandra Fluke, Todd Akin, and the political backlash from the war on women.

But the fact is, by being so blatant about their anti-woman politics, they’re handing us a golden opportunity to make sure this bill and others like it go down in flames.

The ad we created just says it all–22 men and not a single woman telling rape survivors that they need to report their assaults to the IRS when they access abortion services.

Can you chip in $10 to make sure as many Americans as possible see it?

Yes, I’ll chip in $10.
http://act.weareultraviolet.org/go/1468?t=4&akid=762.6000.Q5Lxt0

Thanks for speaking out.

–Nita, Shaunna, Kat, Karin, Malinda, Adam, and Gabriela, the UltraViolet team

Sources:

1. House Republicans Are Pushing A Bill That Would Force The IRS To Audit Rape Victims, Think Progress, January 16, 2014

THE BRITISH MULTINATIONAL TEA COMPANIES IN KENYA FACES RAISING AGITATION OVER THEIR EXPIRED LAND LEASES.

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News Analysis By Leo Odera Omolo In Kericho Town

The British multinational tea companies operating in Kericho and Bomet Counties in the Republic of Kenya whose 99 land lease has already expired should not be pushed out of their property, but they should be compelled to donate several hundreds of acres back to the community for the use in establishing essential public utilities projects.

Owing to the fact that the land in the rural locations in the two counties has become too congested and over populated, there are no space for the establishment of important public utilities such as hospitals and universities as well as other institutions of higher learning, therefore some parts of the land on which the tea plantations and factories stand on should revert to the community which were the original owners of the land.

These were the sentiments expressed by a prominent Kericho politician William Kepkemoi Arap Kettienya who reminded the multinational tea companies land that was forcefully seized from its original owners by the colonialists at the turn of the 20th century. Its lease has since expired but the locals live in densely populated rural community reserve land which can no longer be used in establishing socio economic projects such as hospitals and universities, which requires hundreds of acres of land space.

Kericho and Bomet housed more than 45 large tea estates and over 30 tea green leaves processing factories employing over 40,000 work force.

Keiitanya was reacting to a newspaper report which quoted leaders and politicians in the neighboring Nandi County who had called on tea farms whose land lease have expired to return the parcel to the original owners of the land and at the same time restore it to its form it had when the land was taken by force by the colonial authorities and distributed to the white settlers for tea plantation.

There are more than 30 large scale tea plantations for processing factories operating in both North and south Nandi. Key county leaders were amplifying what the Mps from the region had demanded.

Like in Kericho, Bomet counties, the tea farms operating in the region are owned by the British farms and individuals.

The Mps want the ownership of potrate of land used by British multi national companies reverted to the community. However, the leaders of Nandi county are not advancing the proposal that the land be sub-divided, hut will hold them in trust on behalf of the community.

The Nandi county leaders under the governor Cleophas Lagat is in total agreement with the Mps on the contentive issues is now backing the proposal hailed by the Mps and senator Stephen sang, Mrs. Alfred Keter (Nandi Hills), Nandi women rep. Zipora Kurgat , Alex Kosgei (bumugwen), Julias Meli (tindieret), Julius bitok (mosop) lejah lagat(ge) and Oscar sudi.

According to Mr. sang, their man is to give legal community ownership of land and not necessarily to interfere with the manners and the management of the tea firms

‘’we would like to make it clear that we are not trying to stage the kind of Zimbabwe’s Robert Mugabe style of farm takeover Of more companies, but rather empower the local community ownership and not necessarily interfere with owners and management of tea companies, but rather empower the local to be held in trust by the county government”.

There are more than 20 tea estates and factories in the Nandi Hills sub-county of the Nandi county, situated in the western part of the Rift valley.

The companies include George William’s and Eastern province of Kenya, Kepchono, kapchorwa, Koisagat, Sivet, kirkarus ,Nandi Hills Tea Company and others. These companies have employed up to 350000 workers directly and indirectly.

The issues surrounding the lease of the land on which tea estate and factories stand. On has remained the thorniest issue ever since 1996, When some leaders in Kericho and Bomet demanded that the land should revert to its original owners.

Thousands of rural communities previously occupying the land were forcefully removed from their property at gun point and consigned to to drought strickened and unproductive areas at the tune of the 20 century to pave the way for the introduction of tea bushes in the region which began in the early 1910 and 1922.

Some of the British multinational tea companies at one time were forced to disclose that their property land leased was not for the 99 years, but for the 999 years. This stunned and those advocating for the land to revert to its original owners/ The Kenya government made no comment on these claims.

Major tea companies operating in Kericho and Bomet Counties include james Finlays a Scotish firm, which is also of late involved in the production of cut fliers for reports. There are also other firms owned by individuals and companies in the region. They bringing the employment of the labour force in the regions to a total of about 40,000

However, the recent introduction of mechanized tea plucking machines saw a large number o0f workers being declared redundant and sent home. This has reduced the number of workers in the tea company drastically almost by half.

ENDS

Kenyan Lawmakers Want Uganda out of South Sudan, Accuse Museveni of “Hidden Interests”

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From: Sam Muigai

Senators of the Kenyan political block, the Coalition for Reforms and Democracy (CORD) have expressed their concerns over Uganda’s military involvement in South Sudan and urged the Kenyan government to stop Uganda’s one-sided policy in the world’s newest nation.

The two senators, Hassan Omar and James Orengo charged Uganda’s president of pursuing “hidden interests” and want him to publicly declare the interests he is pursuing.

The Lawmakers also asked the Ugandan President to immediately withdraw his troops from South Sudan and urged him to give peace a chance.

“We are telling the Kenyan government to ask Museveni to quit fighting in South Sudan with immediate effect. He is the one who is fueling the conflict by supporting one side”, Senator Hassan Omar argues.

Senator James Orengo went further saying the Ugandan president should leave “the Island of Migingo” alone before meddling in the young nation’s affairs.

“Museveni is an aggressor and if the truth be told he can only morally intervene in the South Sudan if he can leave alone the Island of Migingo because it belongs to the people of Kenya”, Orengo said.

The lawmakers further accused Museveni of “sabotaging the peace process” currently taking place in the Ethiopian capital, Addis Ababa.

The Ugandan President Yoweri Museveni is widely hated in South Sudan because of his military intervention.

Most South Sudanese believe that the alleged coup claimed by President Kiir was actually a plan given to him (Kiir) by Museveni to get rid of all his political rivals

The Arab Republic of Egypt Draft Constitution 2013 New Constitutional Document

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From: Yona Maro

The Arabic Republic of Egypt draft constitution 2013, new document after amending the suspended 2012 constitution.

http://allafrica.com/download/resource/main/main/idatcs/00080340:841f32bb5daf69d888c77a47bc5cfcb2.pdf

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Justice must be served to save South Sudan

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From: Sudan Press

The Western media are rightly reporting the tragedy of renewed war in South Sudan. I was born into the civil war which started in 1955 and I do not wish to return to those dark days.

But I am concerned that the media are talking about the importance of starting negotiations between the two sides, anticipating the need for concessions by the Government in order to settle the conflagration. I have seen little evidence in the media of an understanding of the background to the fighting. I suggest that the facts of the conflict are such that no other democratic Government would lightly make concessions to the rebels if similar circumstances arose in their country.

The case for this uprising was made by former vice president Riek Machar and his followers in a press conference on Friday 6 December 2013 in Juba. Essentially, he argued that the country had been badly run even though the disagreement was within the Party. Curiously, he had been vice president of the country from 2005 to 2013. Why, one could reasonably ask, had he not used his powerful position for eight years to put right the wrongs he now sees in the Government? The fact is Riek and his allies were reacting to their sacking and investigation of their corrupt practices while in the government. It must be said that they are one of the richest politicians in the country.

Indeed, he and some of his followers are members of the parliament, and he is first vice chairman of the SPLM, the ruling party. Surely, this provides a peaceful route for scrutinising the Government and promoting change? South Sudan is a democracy; and he could create a new party, if he wished, to reflect his ideals, and to present it to the country during the next national elections.

In their case against the Government, Riek Machar, Pagan Amum, Rebecca Nyandeng and Deng Alor invoke the memory of Dr John Garang, late leader of the liberation movement. They claimed that the SPLM party, and SPLA military have now wrongly moved away from the origins, the latter becoming Salva’s Republican Guards without mentioning Riek Machar’s hidden militia within the SPLA led by Generals John Koung and Peter Gadet who took over the towns of Bor and Bentiu respectively and killing innocent people, by Dr Riek’s orders. Rebecca Nyandeng claims to be the mother of the nation. If she is indeed the mother of the nation, she should be the mother of all people of South Sudan. She should respect the memory and gratitude that South Sudanese people have for her husband, our late leader, Dr John Garang. So rather than dividing her children let her unite them.

It is good that Pagan Amum, Rebecca Nyandeng and Deng Alor look back to the good days of the SPLM/SPLA; but sadly not remembering the wrong they were a part of, the great division in the movement that made it turn guns against each other resulting in the death of fine generals and politicians. It is regrettable to say that history can repeat itself, but to be repeated by the same actors is beyond understanding. It is odd that Riek is now so much in love with John Garang after his death when Riek himself rebelled against Garang and split the SPLM and SPLA in 1991. In so doing, he massacred John Garang’s own people, i.e. over 5000 people in that year in Bor – the very town in which he has just provoked again another massacre of innocent.

No one would claim that all has run smoothly for the Government of South Sudan. In 2013, on the second anniversary of independence, President Salva Kiir spoke publicly of the issues that were rightly the cause of grievances, including corruption in high places. He introduced a major anti-corruption initiative. Having identified 75 high profile Government officials as having embezzled public money, he sacked the entire Government and appointed a new one. Another scandal then arose of some officials – some of them Riek Machar’s followers like Mr Deng Alor – transferring nearly $8 million to an East African bank. Salva took action by sacking those Ministers who were implicated in that scandalous transfer. It looks like this money was part of their plan to bribe people in order to overthrow the elected Government.

Anti-corruption measures also revealed that many ghost staff was on the Government’s books, and so screening of all staff in the army, police, prison service and Government Ministries was introduced to avoid misappropriation of funds. As vice president Riek Machar and his group could themselves have led such an initiative. They did not. Sadly it is clear why. They have not been loyal to the President. In their various Ministries they had not been doing their jobs, but spent the eight years trying to wrong foot and undermine the President in order to replace him.

The story of his life shows that Riek is used to getting to power by intimidating his superiors and by inciting the army and tribalism. In 1991, he had led the so-called “white army”, innocent young men from the Nuer tribe, who are simple cattle herders, to massacre people in Bor. He has repeated this now. He is a man who is used to getting his own way through the barrel of a gun. When he was sidelined by the President in 2013 for disloyalty to the country, he chose not to use the democratic approaches available to him but has reverted to the approach he knows best. So he mounted a coup against the elected President. He has been actively recruiting his tribesmen and inciting hatred and tribalism within the army and among the people. The events that took place last month in Juba and which spread to Unity, Jonglei and Upper Nile states have taken many lives needlessly.

But this conflict is of political nature, it is not tribal as mainly portrayed in the media. The majority of Nuer, Riek’s tribe, can see through this and continue to support the Government. What of his opponent, President Salva Kiir? He was John Garang’s second in command throughout the struggle for independence though overshadowed by him and those who claim to be the rightful heirs today. By contrast with Riek and his new sons, Salva was loyal to Garang and faithful to the struggle as he once said to those who claim to be Garang sons ‘If you are Garang’s sons, then I’m his older son.’ He fairly won a democratic election to the Presidency and has led the colossal task of creating a modern country from scratch.

He has stated that there is no way we can go back to war, whether within the South or with another nation. He has clearly indicated to the people that we should instead wage a war for reconstruction and development within the country. Those who know President Kiir agree that he is calm, thoughtful and forgiving which Riek and his followers mistakenly see as a weakness. His anti-corruption campaign which started with those who are corrupt in the government is an indication of the priority he gives to the future of his country over personal advantage. The aborted coup of 15th December 2013 by Dr. Riek and his allies was an attempt to divert public attention. Why should the Government make concessions to Riek Machar and his followers? In my view, they should be held accountable in the court of law for the death of many of our innocent people. Otherwise, the families of those brave men and women of the SPLA who died in the line of duty will not forgive us. Furthermore, the families of those who have been misled by Riek to die will not see justice. Justice must come firsthand, and then followed by a long-term dialogue and reconciliation as an important component of a true process of nation-building. Those who call for release of those who led the conspiracy against the elected president are simply wrong. They should be released only when proven innocent. Justice must be allowed to follow its course according to our laws. We are a free country, and we should remain free.

Ambassador Joseph Ayok Anei is the present director for Research, Planning and Translation at the South Sudanese Ministry of Foreign Affairs and International Cooperation. He can be reached via ayokloewenberg@fastmail.fm

Call for Justice: President Kiir and VP Wani Must be Held Accountable for Nuer Genocide in Juba 2013

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From: Sudan Press

Since the horrific killing of the civilians in Juba on 15th December 2013, I have been hearing people crying for justice hoping that the government of South Sudan will talk about the Nuer Massacre in Juba and held those who involve accountable for the crime they committed against the humanity. Surprisingly, the government has consistently been accusing the opposition about unjustifiable attempted coup against the government, instead to dealing with the crisis responsibly. The infiltration of fighting!

I am here to inform the world that genocide was committed by the presidential guards (mainly Dinka) with the order of the president to kill innocent Nuer. The UN and other organisations reported that over 1,000 were killed. Unfortunately our government took a partial position by refusing to publish a correct number of people killed in Juba or attempted to stop the killing of innocent people. I am one of the survivals of the Nuer mass killing that happened in Juba and I witnessed the situation. Below are the numbers of people killed in Juba and those who are affected by the conflict in Juba from 15th- 30th December 2013.

1000 University graduate who went to Juba to look for work were killed simply because they are Nuer.

1000 SPLA soldiers and policemen were killed while on duty to serve lives from 15th – 23rd December 2013 in Juba.

2300 civilians including civil servants and youth were killed

1000 children under 10 year old were killed a long side their parents

More than 3000 people still missing

More than 2000 Nuer people wounded and denied access to medical services by the SS government.

More than 18,000 Nuer escaped to UNMISS compounds for protection.

Therefore the total number of people killed was 5,300. Perhaps these figureswill help the relevant institution of the government and human right organisations bases in Juba to initiate a rigorous investigation about the Nuer massacre. The dead bodies were put in the big containers and bury them in mass grave outside and inside Juba by the Loyal Forces of the president. They also placed some dead bodies in the containers and throw them in the river. Unfortunately, the media was prevented to report on killing of innocent Nuer or to know what the killers were doing with the dead bodies, relatives were denied to bury the bodies of their love ones. I strongly advice the international community to consider what occurred in Juba serious, investigate the cause of it and held those who involve accountable. I will help with the investigation of the scent should I be alive.

The government has been conveying a misleading messages to the community alleged that the conflict was not a tribal conflict while the loyal forces were specifically targeted and killed Nuer in Juba because that was what they were instructed or oriented to do by the President Kiir. Neither Dinka, Cholo nor Equatorian was killed in Juba and those who killed Nuer in Juba were all Dinka, the so call the presidential guards.

For that reason, I believe that this is a tribal conflict. If the president intended to target the communities’ member of those who opposed the SPLAM direction, then, the loyal forces perhaps would have killed other nationality of South Sudan. This would have both the legitimacy of the government’s claim that this is not a tribal conflict.

The so call government spoke person, Makuei Lueth failed to define coup as the government claimed. He has been distorting the cause of the conflict and condemned ‘white army’ for what happened in Jonglie. If in fact, the government was to deal with this crisis responsibly, perhaps what happen in Jonglie could have been avoided. But what the so call “loyal forces” did in Juba after the president announced the curfew was intend killing and elimination of Nuer. No one talk about it event now from the government of South Sudan. This is an indication that the government take side and that it perform it duty in the tribal line. Furthermore, if any civilian was killed in Jonglie I guessed that could have been through cross shooting between the army forces.

Finally, the civilians particularly the white army weighed war against the government simply because the government they voted for killed their innocent children who went to Juba for business and looking for work. Not because they were mobilised by Dr Riek Machar.

The SPLA freedom fighters that joined the opposition did so because their families were killed while they were on duty in Unity State, in Jonglie State and in greater Equatoria region protecting the sovereignty of South Sudan. How on earth should a family of national army soldier plan coup when the father/mother is serving the nation elsewhere?

I call upon the government to show leadership this war. I will keep you update on new development in Juba.

The author of this paper is resident of Juba and can be contact by jangq15@gmail.com

EAST AFRICAN STATES SIGN AN AGREEMENT TO JOINTLY COMBAT TERRORISM IN THE REGION

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Writes Leo Odera Omolo in Kisumu City

SECURITY Ministers of the three Eastern African nations of Kenya, Uganda and Rwanda met in Kigali, the Rwandan capital early this week and signed an important pact to jointly combat the activities of the terrorists bin the region.

The new pact according to an impeccable source, will address threats posed by marauding genocidal entities such as { FDRL}, terrorists groups like ADF-Nalu, and the islamists Al-Shabaab, and several transnational crime groups, that require collective security framework.

Kenya”s cabinet secretary for Defense Ms Rachelle Omamo and internal security counterpart Joseph Ole Lenku went Kigali and met with their Ugandan and Rwandan counterparts..They Signed the pactwith the Rwandan Defense Minister James Kabarebe while Ugandan Defense Minister Grispus Kiyongsa signed on behalf of the Kampala regime.

Under the new pact, the three countries which are member states of the East African Community joint forces will tackle the terrorism in the region following the steady raise of terrorism menace in the region.

Addressing newsmen on behalf the group, Rwandan Defebse Minister Kabarabe that the landmark Mutual Defense and security agreement will help the three countries jointly tackle “Negative Forces for the Liberation of Rwanda” [FDRL], WHICH Rwandan government accuse ofhaving links with the perpetrators 0f the 1994 genocide in Rwanda which claimed the lives of close to one million people..

The minister said the Rwandan government has refused to negotiate with FDRL and has accused the UN of backing the rebel movements in the DEMOCRATIC republic of the {DRC} and deploying death squad to murder opponents abroad.

The document was also endorsed by thr Rwandan Internal Security MIinister MUSA fazil Haremana and HIS Kenyan counterpart Arounda Nyakiraima \nd Ole Lenku respectively..

According to Rwandan officials, the pact will seek to address the security challenges that may come with free movement of people..”, he said adding that co-operation between the three countries will bring more benefits t the population.”

The Rwandan Minister hinted that after signing the pact,the next step will be to develop the common foreign policy for the three countries in order to have one voice on the global stage.

He added, “We need to harmonize defense and security with foreign policies.” We must be inclusive and outward looking because dealing with the current global maters require us to work together in the region.

Ends

An Integrated Response to Justice and Reconciliation in South Sudan

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From: Sudan Press

By David Deng and Elizabeth Deng*

January 8, 2014 (SSNA) — As representatives of Salva Kiir and Riek Machar meet in Addis Ababa to negotiate a ceasefire to the conflict that has engulfed South Sudan in past weeks, the question of what a mediated outcome might look like is at the forefront of everyone’s mind. Judging from public statements made by the two sides, there does not appear to be much common ground between them. Kiir maintains that Machar has tried to claim power through violence and as such cannot be rewarded with a power-sharing arrangement. Machar asserts that Kiir is responsible for the mass killings that took place in Juba in mid-December 2013 and is no longer fit to lead the country.

In the face of increasingly vocal calls for accountability from international leaders and South Sudanese civil society, the two parties have begun to acknowledge the need to investigate crimes committed in Juba and elsewhere in the country. Taban Deng Gai, head of Machar’s delegation in the Addis talks, has called for free access for humanitarian organizations and United Nations Human Rights Council to investigate atrocities and human rights abuses. On its part, the Government has announced the creation of two committees: one to investigate the killing of innocent civilians and the other to examine the causes of the divisions within the presidential guard. These public statements are a welcome first step, but specific and binding commitments to accountability must be detailed in any negotiated settlement in order to ensure that investigations and prosecutions actually take place.

Peace processes in South Sudan have a long track record of prioritizing reconciliation at all costs and failing to secure remedies for people affected by conflict. The 2005 Comprehensive Peace Agreement (CPA), which brought an end to the 22-year north-south civil war in Sudan, included only a vague reference to national reconciliation and neglected to mention the issue of accountability for past human rights violations. The ongoing efforts of the church-led Committee for National Healing, Peace and Reconciliation, established by presidential decree in April 2013, has so far been silent on the question of accountability. Past efforts to neutralize rebel groups in Jonglei, Unity and Upper Nile states have been initiated with offers of blanket amnesties and attractive political and military appointments; truth and justice have never figured in to the negotiations.

Sidelining justice in peace negotiations may help to expedite political settlements in the short-term, but it fails to adequately address the question of impunity that lies at the heart of internal conflicts in South Sudan. Attempts to bury the past also give rise to contested and obscured histories, sowing the seeds for continued abuses by political and military actors in the years to come.

To avoid repeating past mistakes, an integrated process of truth-telling, justice and reconciliation should be included in any mediated agreement between Kiir and Machar. The two parties should be compelled to submit themselves and their supporters to an independent investigation into the crimes committed. Those that are found to be responsible should be punished through fair and public judicial mechanisms. Handshakes, smiles and a mere political settlement between the two parties will not set South Sudan on a path towards truth, sustainable peace, democracy and rule of law.

The Need for a Hybrid Court

If the parties can agree to the principle of justice, the next question is how best to provide it in the context of South Sudan’s weak justice system. Past efforts to secure justice for crimes committed in the course of large-scale violence have all been hampered by the poor investigation capacity of police and prosecutors and the limited geographical reach of civilian courts. In Jonglei state, for example, thousands of people, including women and children, have been killed, tortured or abducted in the context of inter-communal violence, forced disarmament programs and government counter-insurgency campaigns in recent years. Yet, those responsible for the crimes, be they civilians, soldiers or politicians, have enjoyed almost total impunity.

Given the lack of capacity, credibility and independence of the justice system, it is clear that without international support, impartial investigations and prosecutions cannot take place. Such international support could best be provided within the framework of a hybrid court established within South Sudan’s judiciary. Hybrid courts have been deployed to address the legacy of large-scale conflict in countries such as Sierra Leone, East Timor, Kosovo and Cambodia. Senegal recently established a hybrid court to prepare a case against former Chadian president Hissène Habré. The defining feature of a hybrid court is that it is administered by a combination of national and international staff. By recruiting highly qualified judges, investigators, prosecutors and defense attorneys to work alongside their South Sudanese counterparts, a hybrid court can provide the support that is necessary for the fair adjudication of serious crimes, while helping to strengthen national accountability mechanisms and rule of law in the longer-term.

Due to the high cost of hybrid courts, the court’s focus would be limited to those who bear primary responsibility for planning, organizing or carrying out the most egregious crimes. In order to extend justice beyond cases tried by the hybrid court, prosecutions should also be brought before other South Sudanese courts. The judiciary could consider using its power to establish special courts with limited temporal and thematic jurisdiction to try crimes that have occurred since December 2013. In order to adequately address the crimes that have been committed, South Sudan must also ensure that its legal framework provides for the punishment of international crimes, including genocide, war crimes and crimes against humanity. As the penal code does not define these crimes, new legislation would be necessary.

Prosecutions in the hybrid court and formal judiciary could be linked to the customary court system to extend truth, justice and reconciliation processes to the grassroots level. South Sudan’s customary court system has a strong emphasis on restorative justice, in that chiefs and traditional authorities encourage disputing parties to talk through their differences and finding a solution that is acceptable to both parties. While customary courts are not legally empowered to adjudicate criminal responsibility, they are well positioned to promote reconciliation in circumstances where the line between perpetrator and victim is blurred. Customary courts could also play an important role in negotiating compensation awards and other civil remedies.

An Integrated Response to Truth, Justice and Reconciliation

Justice is only one part of a solution to the conflict in South Sudan. In order to heal the wounds caused by the recent violence, South Sudan must adopt an integrated response that incorporates truth-telling and meaningful reconciliation and ultimately seeks to transform South Sudan’s abusive and corrupt governance systems.

In 2013, the Government began trying to address South Sudan’s history of conflict through the establishment of a Committee for National Healing, Peace and Reconciliation. The Committee could make a valuable contribution to an integrated approach to truth, justice and reconciliation, but to do so, it would need to expand its mandate to include a truth-telling component. By providing a public platform for victims to tell their stories and perpetrators to confess to their wrongs and seek forgiveness, the Committee could help South Sudanese to build a national narrative of their troubled past.

There are other actions that the Government could take to build a culture of human rights in South Sudan. South Sudan has not yet ratified the core human rights treaties that prescribe the minimum standards by which a state must treat its citizens. The Government has acceded to the 1949 Geneva Conventions and their Additional Protocols and has ratified the Convention Against Torture, the Convention on the Rights of the Child and the Convention Governing Specific Aspects of Refugee Problems in Africa, but it has not ratified the other core treaties, such as the International Covenant on Civil and Political Rights or African Charter on Human and People’s Rights. In order to make clear the Government’s commitment to human rights and give victims and their representatives recourse to regional and international treaty monitoring bodies and complaint mechanisms, the Government should immediately ratify these treaties and domesticate them into national law. It should also sign on to the Rome Statute as a demonstration of its commitment to justice for international crimes.

Conclusion

South Sudan stands on a precipice. Viewing the crisis as a problem that can be solved by political and military class alone would repeat the same mistake that has been made in past negotiations. Hybrid courts require a great deal of political will, diplomatic effort and material resources to establish. Even if the parties were to agree, it would take many months to establish a hybrid court in South Sudan. Nonetheless, if South Sudan is to come to terms with the violent events of the past few weeks, it is vitally important that the issue of accountability be addressed in any negotiated agreement between Kiir and Machar. If the parties fail to agree on or to implement a mechanism for holding perpetrators of the violence accountable, the Security Council could consider referring the matter to the International Criminal Court (ICC).

Until South Sudan’s leaders are made accountable to the people they serve and punished for the wrongs they commit, South Sudan will continue to experience violence like what we have seen in the past weeks and the dream of a peaceful and prosperous nation will never be realized.

*David Deng is the Research Director for the South Sudan Law Society (SSLS), a civil society organization based in South Sudan. Elizabeth Deng is a human rights lawyer based in Nairobi.

USA: Put an end to Citizens United once and for all!

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From: Senator Al Franken

Dear MoveOn member,

I’m U.S. Senator Al Franken, and I started a petition to the United States Congress and President Barack Obama, which says:

We, the undersigned, have had it. Corporations are not people. Elections should not be auctions. And we refuse to let our democracy be put up for sale.
We are standing together to call for a constitutional amendment to overturn Citizens United.

Sign Sen. Franken’s petition
http://www.moveon.org/r/?r=295848&id=85269-21095459-qPfo3ix&t=1

Citizens United was a disaster. It opened the floodgates for corporations to write big checks to fund right-wing special-interest attacks, helping them pour $719 million into the 2012 elections.

The question is, what are we going to do about it? How are we going to stuff this “corporations are people, elections are auctions, democracy is for sale” mess into the Dumpster of Bad Ideas?

Here’s how: A constitutional amendment that puts power back in the hands of the people. The actual, human people.

Click here to sign my petition and join me in calling for a constitutional amendment to overturn Citizens United, and then pass it along to your friends.
http://www.moveon.org/r/?r=295848&id=85269-21095459-qPfo3ix&t=1

Thanks!

–Senator Al Franken

This petition was started by Senator Al Franken on MoveOn Petitions Political Action Edition, which is licensed to and paid for by MoveOn.org Political Action. Senator Al Franken didn’t pay us to send this email—we never rent or sell the MoveOn.org list.

KENYA LAWYERS BODY TO CHALLENGE GOVERNMENT BILL IN COURT

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To: jaluo @ jaluo dot com

By Agwanda Saye

The Law Society of Kenya (LSK) will seek to be enjoined in a suit challenging the controversial Kenya Information and Communication Amendment (KICA) Bill 2013.

The LSK Secretary/CEO Mr. Apollo Mboya said that the Society has instructed Senior Counsel Mr. James Orengo over the public interest matter.

“LSK has instructed Mr. Orengo to have it enjoined as an interested party in the suit scheduled to be filed by Senior Counsel Paul Muite challenging KICA Bill,” Mr. Mboya said.

Mr. Mboya said that LSK is seeking to be enjoined as an interested party for purposes of articulating the broader constitutional issues.

“Our concerns are on the freedom of expression and information with a view of safeguarding constitutional provisions on the same,” Mr. Mboya said.

Mr. Mboya said that one of the objects of the Society as provided in the LSK Act Cap 18 is to represent, protect and assist members of the legal profession in respect of conditions of practice and otherwise.

“The KICA Bill raises several constitutional questions…we have further analyzed the President’s Memorandum on the Bill and its implications on the Media Council Act 2013,” Mr. Mboya said.

The LSK Secretary/CEO said that even though President Uhuru Kenyatta forwarded a Memorandum on the Bill to Parliament, it did not adequately address the constitutional issues therein,” Mr. Mboya said.

According to the analysis, the complaints commission should be retained under the Media Council Bill as the sole body to regulate professional ethics of journalists.

The Multi-Media Appeals Tribunal undermines constitutional principles on free and independent media under the principle of self-regulation and co-regulation.

“The Media council of Kenya should also be allowed to set standards and continue enforcement of professional ethics in line with Article 34(5) of the Constitution,” Mr. Mboya said.

Ends

KENYA: KISUMU MAGISTRATE WHO FREED JOURNALIST’S ATTACKERS SACKED

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By Our Reporter

Kisumu based Magistrate Phylis Lusia Shinyada who set free four men who violently robbed a Kisumu based journalist has been sacked and found unsuitable to be a judicial officer by the Sharad Rao led Judges and Magistrates Vetting Board .

Shinyada had in late 2012 freed the four men ostensibly due to what she said was luck of evidence despite crucial exhibits having been brought to court by the Police.

While releasing its ninth announcement on determination on suitability of Magistrates and Judges the board also found the following Judges unsuitable to be judicial officers; Anne IreriRuguru, Douglas Musa Machage, Gilbert Kimutai Too,George Rachemi Sagero,Joseph Riitho Nduruni, Kinaro Dennis Abraham, Ruth Benta Maloba and Timothy Ole Tanchu .

In regard to Hon Shinyada the board made the following recommendations after having received four complaints against the Magistrate;

. In Complaint one, the complainant alleged that in Kisumu CMCCR. No. 393 of 2012: the magistrate did not take down accurate proceedings, and was bribed. He claimed that the magistrate omitted part of his testimony from her court record. The complainant, who appeared and testified, stated before the Board that the magistrate was on her phone all the time intermittently recording his evidence and paying little or no attention to his testimony. The complainant further averred that he believed the bribe was paid because the accused’s parent indicated their intention to bribe the magistrate if the out of court settlement failed.

In her response the magistrate vehemently denied ever receiving a bribe in the matter or ever in her practice. The Board was not convinced that the magistrate kept a proper court record. The Board also wondered why she was quick to find that no prima facie case had been established through argumentative reasoning in her ruling that went

against the known principles enunciated in Bhatt vs Republic36. The magistrate after a discussion of the issues admitted that she may have acted hurriedly. She attributes it to lack of experience and mentorship. She stated that there is no training or guidance given to junior magistrates on joining the bench. She states she was not bribed and that her action were very honest and above board.

36Ramanlal Trambaklal Bhatt versus Republic [1957] E.A. 332 it was stated thus:-“Remembering that the legal onus is always on the prosecution to prove its case beyond reasonable doubt, we cannot agree that a prima facie case is made out if, at the close of the prosecution; the case is merely one which on full consideration might possibly be thought sufficient to sustain a conviction.”

The Board finds that the bribery claim remains unproven. After a lengthy discussion the magistrate appreciated that it would have been prudent to put the defendants on their defence.

The second complaint was that in Kisii CMCC No. 88 of 2007 and No. 67 of 2009, the magistrate issued orders releasing the complainant’s motor vehicle to the plaintiff contrary to the orders issued by the High Court in Kisii. In her response the Magistrate stated that the case before her was not the High Court Case and that she had no intention of undermining the High Court’s findings on the same issue in a separate case. The Magistrate indicated that she took over the matter at the execution stage. It is clear that she never concerned herself with the decision of the High Court thereby making a contrary decision one year down the line. The Magistrate regretted her action. The Board finds that the Magistrate failed to exercise sufficient diligence in the matter.

The third complaint was that in Kisii CMCCR. No. 799 of 2011, the Magistrate threatened the accused with civil jail if he continued requesting to cross examine the witness. That the Magistrate was hostile to the complainant’s wife when she appeared before her to inform the court that her husband who was the accused was not feeling well. That the Magistrate further denied the accused the chance to cross examine the witnesses and refused to recuse herself. That she further rejected the probation report issued to her and ordered the probation officer to amend it to her desires.

The Magistrate’s response to the complaint was well explained. The complainant was unable to substantiate the issues and therefore the claim remained conjuncture and unproven. It was clear however that the Magistrate failed on her part to explain to the

Accused person his right to recall witnesses who had testified, when she took over the matter37. The Magistrate was well aware of this right but failed to ensure the accused enjoyed it. The Board felt that the conduct of the Magistrate on this specific matter painted a bad picture of the judiciary to the public. The Magistrate acknowledged the oversight and was remorseful for the same.

In complaint number four the complainant alleged that in Kisii CMCC No. 730 ‘A’ of 2009, the Magistrate adopted an incompetent surveyor’s report to determine a land matter and disallowed the complainant’s application for review on grounds that the complainant had filed an appeal despite having knowledge that the said appeal had been withdrawn.

In her response, the Magistrate was unable to substantiate why she never heard the review application despite the withdrawal of the appeal having been brought to her knowledge. The magistrate failed to quote authorities she relied on in her ruling. The Board felt that it was the duty of the Magistrate to ascertain that expert witnesses appearing before her are competent. Her failure so to do in this matter resulted in her recording evidence from an imposter surveyor. The Board concluded that the magistrate greatly relied on technicalities when writing her judgment in the matter. This was a deliberate infringement of the accused’s rights contrary to the provisions of the Kenyan constitution.

Complaint number five was from by a Law Firm who alleged that in Kisii CMCC No. 62 of 2010, the magistrate made an ex-parte order on an application which was already spent. That she declined the complainant’s application to summon the agricultural officer. She further proceeded with the matter ex parte and without ascertaining whether the mention notice was properly served thus denying the advocates the opportunity to peruse the agricultural officer’s report and or to cross examine the officer and proceeded to deliver the ruling on the matter ex parte.

Although the Magistrate denied all the allegations, it came out clearly that the Magistrate failed in several respects. The Board noted that the matter actually proceeded severally

without the defendants, and no notation is made on the Court record on whether the defendants had been served or not. On one occasion the defendant appeared ex parte and had interim orders that had lapsed extended. The Board felt that this conduct was inconsistent with judicial requirements of impartiality and fairness. The record indicates that the Magistrate greatly compromised the defendant’s rights to a fair hearing. The Magistrate explains that it was not intentional and regrets the same. The Magistrates conduct in this matter was quite despicable.

The Board felt that although the Magistrate’s language and writing skills in her judgments were commendable, she constantly failed to quote the law and decided cases in her judgments and rulings. Her judgments lacked good legal reasoning and displayed a poor analysis of the issues. She cited lack of proper induction, mentoring and training as the cause of her errors. The magistrate states that this is the first time in her career of about five years that anyone is pointing out her mistakes to her, and that she is very grateful to the vetting process, as it is also a learning curve. The Magistrate admitted that regular intervals of training and assessments would greatly improve their delivery. The Board unanimously determines that the Honorable Phylis Lusiah Shinyada is NOT SUITABLE to continue serving as a Magistrate.