Category Archives: Wanabidii

Facts You Must Know About Nigeria Fuel Subsidy

From: Yona Maro

Pastor ‘Tunde Bakare delivered this expose on Fuel Subsidy at The Latter Rain Assembly a few hours ago. Please read, digest, and share with as many people as you can. ENOUGH IS ENOUGH!!!

1) DEFINITION

To subsidise is to sell a product below the cost of production. Since the federal government has been secretive about the state of our refineries and their production capacity, we will focus on importation rather than production. So, in essence, within the Nigerian Fuel Subsidy context, to subsidise is to sell petrol below the cost of importation.

2) THE UNSUBSTANTIATED CLAIMS OF THE FEDERAL GOVERNMENT

The Nigerian government claims that Nigerians consume 34 million litres of petrol per day. The government has also said publicly that N141 per litre is the unsubsidised pump price of petrol imported into Nigeria. (N131.70 kobo being the landing price and N9.30 kobo being profit.)

3) ANNUAL COST OF IMPORTATION

Daily Fuel Consumption: 34 million litres

Cost at Pump: N141.00

No. of days in a regular year: 365 days

Total cost of all petrol imported yearly into Nigeria:

Litres Naira Days

34m x 141 x 365

= N1.75 trillion

4) COST BORNE BY THE CONSUMERS

Nigerians have been paying N65 per litre for fuel, haven’t we? Therefore, cost borne by the consumers =

Litres Naira Days

34m x 65 x 365

= N807 billion

5) COST OF SUBSIDY BORNE BY THE GOVERNMENT

In 2011 alone, government claimed to have spent N1.3 trillion by October – the bill for the full year, assuming a constant rate of consumption is N1.56 trillion.

Consequently, the true cost of subsidy borne by the government is:

Total cost of importation minus total borne by consumers, i.e. N1.75 trillion minus N807 billion = N943 billion.

Unexplainable difference: N617 billion

The federal government of Nigeria cannot explain the difference between the amount actually disbursed for subsidy and the cost borne by Nigerians (N1.56 trillion minus N943 billion = N617 billion).

6) BOGUS CLAIM BY THE GOVERNMENT

A government official has claimed that the shortfall of N617 billion is what goes to subsidising our neighbours through smuggling. This is pathetic. But let us assume (assumption being the lowest level of knowledge) that the government is unable to protect our borders and checkmate the brisk smuggling going on. Even then, the figures still don’t add up. This is because even if 50% of the petrol consumed in each of our neighbouring countries is illegally exported from Nigeria, the figures are still inaccurate. Why?

WORLD BANK’S FIGURES: POPULATIONS OF WEST AFRICAN COUNTRIES

NIGERIA: 158.4 million

BENIN: 8.8 million

TOGO: 6 million

CAMEROUN: 19.2 million

NIGER: 15.5 million

CHAD: 11.2 million

GHANA: 24.4 million

The total population of all our six (6) neighbours is 85.5 million.

Let’s do some more arithmetic:

a) Rate of Petrol Consumption in Nigeria: Total consumed divided by total population:

34 million litres divided by 158.8 million people = 0.21 litres per person per day.

b) Rate of Petrol Consumption in all our 6 neighbouring countries, assumed to be the same as Nigeria:

0.2 litres x 85.5 million people = 18.35 million litres per day

Now, if we assume that 50% of the petrol consumed in all the six neighbouring countries comes from Nigeria, this value come to 9.18 million litres per day.

7) PATHETIC ABSURDITY

There are two illogicalities flowing from this smuggling saga.

a) If 9.18 million litres of petrol is truly smuggled out of our borders per day, then ours is the most porous nation in the word. This is why: The biggest fuel tankers in Nigeria have a capacity of about 36,000 litres. To smuggle 9.18 million litres of fuel, you need 254 trucks. What our government is telling us is that 254 huge tankers pass through our borders every day and they cannot do anything about it. This is not just acute incompetence, but also a serious security challenge. For if the government cannot stop 254 tanker trailers from crossing the border daily, how can they stop importation of weapons or even invasion by a foreign country?

b) 2nd illogicality:

Even if we believe the government and assume that about 9.18 million litres is actually taken to our neighbours by way of smuggling every day, and all this is subsidised by the Nigerian government, the figures being touted as subsidy still don’t add up. This is why:

Difference between pump price before and after subsidy removal =

N141.00 – N65.00 = N76.00

Total spent on subsidizing petrol to our neighbours annually =

N76.00 x 9.18 million litres x 365 days = N255 billion

If you take the N255 billion away from the N617 billion shortfall that the government cannot explain, there is still a shortfall of N362 billion. The government still needs to tell us what/who is eating up this N362 billion ($2.26 billion USD).

ILLOGICAL ASSUMPTIONS

i) We have assumed that there are no working refineries in Nigeria and so no local petrol production whatsoever – yet, there is, even if the refineries are working below capacity.

ii) Nigeria actually consumes 34 million litres of petrol per day. Most experts disagree and give a figure between 20 and 25 million litres per day. Yet there is still an unexplainable shortfall even if we use the exaggerated figure of the government.

iii) Ghana, Togo, Benin, Cameroun, Niger, and Chad all consume the same rate as Nigeria and get 50% of their petrol illegally from Nigeria through smuggling.

These figures simply show the incompetence and insincerity of our government officials. This is pure banditry.

9) FACT 9: The simplest part of the fuel subsidy arithmetic will reveal one startling fact: That the government does not need to subsidise our petrol at all if we reject corruption and sleaze as a way of life. Check this out:

a) NNPC crude oil allocation for local consumption = 400,000 barrels per day (from a total of 2.450 million barrels per day).

b) If our refineries work at just 30%, 280,000 barrels can be sold on the international market, leaving the rest for local production.

c) Money accruing to the federal government through NNPC on the sale, using $80/bbl – a conservative figure as against the current price of $100/bbl – would be $22.4m per day. Annually this translates to $8.176bn or N1.3 trillion.

d) The government does not need to subsidise our petrol imports – at least not from the Federation Account. The same crude that should have been refined by NNPC is simply sold on the international market (since our refineries barely work) and the money is used to buy petrol. The 400,000 barrels per day given to NNPC for local consumption can either be refined by NNPC or sold to pay for imports. This absurdity called subsidy should be funded with this money, not the regular FGN budget.

If the FGN uses it regular budget for subsidising petrol, then what happens to the crude oil given to NNPC for local refining that gets sold on the international market?

10) TACTICAL BLUNDER

The federal government is making the deregulation issue a revenue problem. Nigerians are not against deregulation. We have seen deregulation in the telecom sector and Nigerians are better for it, as even the poor have access to telephones now right before the eyes of those who think it is not for them. What is happening presently is not deregulation but an all-time high fuel pump increase, unprecedented in the history of our nation by a government that has gone broke due to excessive and reckless spending largely on themselves. If the excesses of all the three tiers of government are seriously curbed, that would free enough money for infrastructural development without unduly punishing the poor citizens of this country.

Let me just cite, in closing, the example of National Assembly excesses and misplaced spending as contained in the 2012 budget proposal:

1.Number of Senators 109
2.Number of Members of the House of Representatives 360
3.Total Number of Legislators 469
4.2012 Budget Proposal for the National Assembly N150 billion
5.Average Cost of Maintaining Each Member N320 million
6.Average Cost of Maintaining Each Member in USD $2.1 million/year

Time has come for the citizens of this country to hold the government accountable and demand the prosecution of those bleeding our nation to death. Until this government downsizes, cuts down its profligacy and leads by example in modesty and moderation, the poor people of this country will not and must not subsidise the excesses of the oil sector fat cats and the immorality precipitate fiscal scandal of the self-centred and indulgent lifestyles of those in government.

Here is a hidden treasure of wisdom for those in power while there is still time to make amends:

PROVERBS 21:6&7

“Getting treasures by a lying tongue is the fleeting fantasy of those who seek death. The violence of the wicked will destroy them because they refuse to do just.”

A word of counsel for those who voted for such soulishly indulgent leadership:

“Never trust a man who once had no shoes, or you may end up losing your legs.”

This is the conclusion of the matter on subsidy removal:

i) “If a ruler pays attention to lies, all his servants become wicked.” (Proverbs 29:12)

ii) “The Righteous God wisely considers the house of the wicked, overthrowing the wicked for their wickedness. Whoever shuts his ears to the cry of the poor will also cry himself and will not be heard.” (Proverbs 21:12&13)

Thanks for your attention. God bless you all.

Pastor ‘Tunde Bakare


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Kenya: Security Forces Abusing Civilians Near Somalia Border

from Yona Maro

(Garissa) – The Kenyan security forces are beating and arbitrarily detaining citizens and Somali refugees in Kenya’s North Eastern province [http://www.hrw.org/africa/kenya], which borders on Somalia [http://www.hrw.org/africa/somalia], despite repeated pledges to stop such abuses, Human Rights Watch said today.

On January 11, 2012, in the latest of a series of incidents documented by Human Rights Watch since October 2011, security forces rounded up and beat residents of Garissa, the provincial capital, in an open field within the enclosure of the local military camp. A Human Rights Watch researcher witnessed the incident.

“When military officers can beat civilians in broad daylight without fearing repercussions, it’s clear that impunity has become the norm,” said Daniel Bekele, [http://www.hrw.org/bios/daniel-bekele] Africa director at Human Rights Watch. “Repeated promises by both the police and the military to stop these abuses and investigate have amounted to nothing.”

The Kenyan police and military have been responsible for a growing number of serious abuses against civilians since the Kenya Defence Forces entered southern Somalia in October, with the stated aim of eliminating al-Shabaab, an Islamist militia. The same month, suspected al-Shabaab sympathizers initiated a series of attacks against police, military, and civilian targets in Kenya.

In response, members of the security forces have been responsible for rape, beatings, looting, and arbitrary arrests of civilians. The crackdown has largely targeted Somali refugees and Kenyan ethnic Somalis, but residents of other ethnic backgrounds in North Eastern province have also been victimized.

The incident in Garissa on January 11 involved Kenyan citizens who told Human Rights Watch that they had been arbitrarily detained by the military. One of them, Ali Ibrahim Hilole, was at a shop across from the military camp buying items for a hospitalized relative when a military officer said to him: “Why are you standing here? So you’re al-Shabaab.” Soldiers forced him to accompany them to the camp, where they kicked him and told him to roll around on the ground.

Yusuf Khalif Mohamed, a long distance truck driver, stopped in Garissa for a soft drink on his way from Mombasa to Dadaab, where he was to make a food delivery for UNICEF. He parked his truck near the military camp, not knowing that parking was prohibited there. A military officer forced him to come to the camp, where soldiers threw a 20-liter container of water on him, forced him to roll on the ground, kicked him on the side, and hit him on the head with the butt of a gun. Mohamed told Human Rights Watch that one of them said, “I think you are al-Shabaab. You are bothering us in Somalia, and now you’ve come to bother us here.”

Both men, along with at least five to seven others who were similarly detained and mistreated – most of them truck drivers, and all of them Kenyan citizens – were released after 30 minutes. They were not interrogated or charged with any crime.

A Human Rights Watch researcher who attempted to visit the military camp to speak to the officer in charge witnessed soldiers forcing several men to lie down in the dirt and forcing another man to frog-jump across the field and to assume various gymnastic positions. Military personnel refused entry to Human Rights Watch, one of them stating, “There are no human rights here.”

The military spokesperson, Maj. Emmanuel Chirchir, said by phone from Nairobi that the people held at the military camp were being questioned because they had tried to build an illegal structure to sell things outside the camp. Chirchir said he did not have knowledge of any abuses, but assured Human Rights Watch that the military would investigate the allegations.

The events in Garissa follow a series of human rights violations by security forces against ethnic Somalis and others. On November 11, soldiers in Garissa rounded up ethnic Somalis arbitrarily on the basis of their appearance, beat them, and forced them to sit in dirty water while interrogating them.

On November 24, following two grenade attacks on civilian targets in Garissa and an improvised explosive device (IED) attack on a military convoy in Mandera, police and soldiers rounded up hundreds of suspects in both towns. Some were beaten so severely that they suffered broken limbs. In the days following the attacks, suspects were arrested at random. Human Rights Watch interviewed some who were taken to Garissa military camp and forced to do humiliating exercises, such as standing on their heads, and were beaten if they could not comply.

Explosions in the town of Wajir in early December were also followed by arbitrary arrests and beatings. A local activist in Wajir told Human Rights Watch that after an IED went off on December 12, injuring an intelligence officer and several others, police and soldiers rounded up and beat ethnic Somalis over the next three days.

“They criminalize all Somali people,” he said. “Whenever a crime is committed, detaining and torturing people doesn’t seem like a good security strategy. It is creating a barrier between the people and the security forces.”

The worst abuses took place at Dadaab, home to over 460,000 mostly Somali refugees. A police officer was killed by an IED at Dadaab on December 5, leading to arbitrary arrests of those in the vicinity. After further explosions targeting police vehicles on December 19 and 20, one of them killing a police officer, police reacted angrily, beating refugees, and, in several cases, raping women. The chair of the Supreme Council of Muslims of Kenya, which conducted investigations in the camps, said that Kenyan police raped at least seven women following the explosions. Other victims suffered broken limbs.

A Garissa-based organization, Citizen Rights Watch, found that on the same occasion police looted dozens of shops, stealing over 27 million Kenyan shillings (US$310,000) worth of property and money that refugee traders stored in their shops.

Garissa residents interviewed by Human Rights Watch complained that police have not conducted thorough investigations to identify the actual perpetrators of either the initial attacks or the subsequent abuses by the security forces.

“Kenya’s security forces are rightly concerned about attacks by suspected al-Shabaab members, and should be doing more, not less, to identify the attackers,” Bekele said. “But beating, raping, and humiliating innocent Kenyan citizens and Somali refugees accomplishes nothing. Those in the security forces who are responsible for these abuses should be investigated and prosecuted.”

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World: Why is opening the U.S. market to poor countries so hard?

from Yona Maro

The rhetorical link between trade and development is strong, but the reality leaves something to be desired. On paper, the world’s poorest countries receive preferential access to the U.S. market; in practice, many do not. The United States is rightly praised for giving Haiti preferential access for most of its exports and for the African Growth and Opportunity Act (AGOA), which provides eligible poor countries duty-free access for everything but sugar, peanuts, and a few other products. But least developed countries (LDCs) in Asia – including Afghanistan, Bangladesh, Cambodia, Nepal, and Yemen – are effectively excluded from U.S. preference programs.

American excuses for not improving market access for all LDCs range from the impact on the Doha Round of international trade negotiations to lost jobs in the United States and Africa. These excuses, however, do not stand up to scrutiny. With the Doha Round dead if not buried, the United States has no excuse for not acting on its rhetoric and providing improved market access for all of the world’s least developed countries.

http://www.cgdev.org/files/1425850_file_Elliott_Opening_markets.pdf

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Tanzania – Is UK aid fuelling corruption?

From: Yona Maro

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Written by Sarah Hermitage

“This is a good moment for taking a step back and ask ourselves whether we would call today’s overseas development aid policy and practice successful – successful, that is, in providing sufficient impetus to overcome the strong forces worldwide that keep people poor.” – Phil Vernon, International Alert.

In March 2011 British Secretary of State for International Development Andrew Mitchell announced major changes to UK’s international aid program based on a nine-month review of the agency’s policies. “This government is taking a radically different approach to aid. We want to be judged on our results, not on how much money we are spending,” Mitchell said of the changes to the aid program.

The 2010 Budget restated the British Government’s commitment to reach 0.7 per cent of national income as aid by 2013, following a November 2009 Queen’s Speech commitment. Provisional 2009 data suggests that the UK’s total aid expenditure reached £7.4 billion, or 0.52 per cent of national income, up around £1 million from £6.4 billion in 2008 (0.43 per cent of national income). This represents a doubling of the aid/national income ratio since 1997 (when it was 0.26 per cent), and is the highest level of the ratio since 1964. Andrew Mitchell states such amounts are morally right and represent the values of the UK and its government but in times of austerity at home, how can these amounts of overseas aid be justified particularly in countries that show little commitment to good governance and thus slow development.

Most commentators agree that the purpose of development aid is to create conditions where assistance is no longer required. The Paris Declaration lays down a practical, action-orientated roadmap to improve the quality of aid and its impact on development’ and recognizes that aid is more effective when partner countries exercise strong and effective leadership over their development policies and strategies. Whilst we need to recognize that we are on very controversial and politically sensitive terrain when we talk about aid, there can be limited value to the British tax payer to continue to support countries where aid is not producing sustainable development due to a lack of effective leadership from receiving governments.

Tanzania is the third largest gold producer in Africa and is rich in mineral resources. Despite its mineral wealth, it is the largest recipient of development aid from Britain and has received in excess of US$2.89 billion in aid (from all donors) in its 50 years of independence. It is Africa’s top and, the world’s third leading recipient of aid after war-torn Iraq. It depends annually on foreign aid by 45 per cent, receiving US$453 million for its 2011/12 aid budget under the umbrella of General Budget Support (GBS). Despite these massive amounts of foreign aid, there has been no significant decrease in poverty over the last 20 years and the country is lagging behind on key development goals for safe water, income and health despite considerable economic growth. The 2007 Tanzania Household Budget Survey showed very little change in income poverty since 1991. Overall, in the 16 year period between 1991 and 2007, poverty fell by about five per cent. But most of this change can be explained by progress in Dar es Salaam. In rural areas, and other urban areas, the decline in poverty is too small to give confidence that poverty has actually fallen (Policy Forum-Tanzania). High economic growth in Tanzania has not been pro-poor.

Such dependency on aid can be understood in war-torn Iraq, but Tanzania’s dependence on foreign aid is surely difficult for DfID to justify. UK’s influential cross-party Public Accounts Committee (PAC) recently criticized DfID’s poor understanding of the scale and possibility of aid being lost to fraud and corruption. In the 2010-2011 fiscal years, DfID reported losses of £1,156,000 (0.016 per cent of total spending) which PAC stated to be unbelievably low. Even if the mechanisms for the effective administration of aid are present, it is inevitable that large amounts of DfID’s money will go astray (and certainly much more than the 0.016 per cent). In Tanzania alone, senior official’s estimate 20 per cent of the government’s budget in each fiscal year was lost to corruption, theft and fraud (U.S. Department of State 2009 Human Rights Report). Assuming this figure is accurate, £130 million of tax payers’ money will be lost to corruption over the next four years from DfID’s £643 million aid budget to Tanzania alone.

Corruption is endemic in Tanzania and a failure to effectively address it belies the Tanzanian government’s commitment to upholding the rule of law, the quintessence of any successful aid policy. Former British High Commissioner to Kenya Sir Edward Clay states that in Kenya, Secretary of State Mitchell and his predecessors have ‘missed the warnings about the folly of investing in a government whose most distinctive characteristic was its endemic corruption’ and that DfID policies have done little to address the systematic problem of corruption: providing an alibi for bad governance and doing little to ‘address a culture of impunity’. There is little to suggest the situation is any different in Tanzania (whilst it is acknowledged that Tanzania is aid dependent and Kenya isn’t).

The director of the International Centre for Tax and Development Research, Professor Odd-Helge Fjeldstad, observes that Tanzania is good at chasing donor money and argues that if efforts chasing donor funds were reduced by one per cent and redirected to increase local revenue collections, the treasury coffers could have increased. He highlights the negative relationship between aid funds and revenue collection. A recent study argues that if corporate tax had been paid on the 2010 revenue of Barrick Gold at the US Federal rate of 35 per cent, the monies raised would have been in the region of (Tanzania Shillings) TZS225 billion (approx. US$141,432,935.64).

In evidence submitted to the House of Lords Economic Development Committee in August, Sir Edward Clay highlights poor governance as a common cause of the failure of development assistance to achieve its objectives. He states that chronic poverty and, above all, deepening inequality, cannot be overcome without confronting corruption in its many forms and recognising the debilitating effects it has on the institutions of a state. This view is shared by Saumu Jumanne, a lecturer at Dar es Salaam University who states that Tanzania is poor because of poor leadership and management of the aid and that only a trickle of aid reaches the targeted groups and sometimes even aid for orphans is misappropriated.

Tanzanian writer Sebastian Sanga suggests Tanzania’s political stability misleads external partners as regards the realities of democracy and the degree of correct resource governance. He highlights the difficulties of propagating good governance in Tanzania stating powerful and self-interested economic actors gain control over the executive department, to their own advantage, meaning that there are then enormous losses for the entire society.

In light of such damning evidence of poor governance in Tanzania, it is hard to understand or indeed justify the contradistinctionary view held by the British government. DFID ranks Tanzania in the top 10 per cent of countries supported by British aid which has the potential to be most well used. Henry Bellingham, the British Minister for Africa recently assured Tanzania’s Minister for Foreign Affairs Bernard Membe that Tanzania would remain one of the top receivers of UK aid as it was one of the few countries in Africa with an outstanding human rights record and good governance. A policy that denies the true state of governance in aid receiving countries provides a vacuum for the misuse of aid, fuels corruption and does little to promote sustainable development and relieve the lives of the poor.

UK aid flows to Tanzania have increased from £111.776 million in 2006/7 to £146.045 in 2009 (SID 2011 Tables Index DfID) and are viewed by the Tanzanian government as a fait accompli. British lawyer Dirk Crols makes this point that African governments consider foreign aid as a permanent, reliable and consistent source of income providing no reason to adopt an alternative policy to foster and finance the economic development of their countries. He poses the question, if the only thing you have to do is to cash your cheques, why should you elaborate an economic-financial policy or planning in the long term?

The late economist Péter Bauer drew an unusual (but increasingly accepted) correlation between corruption and foreign aid, a phenomenon he referred to as the vicious cycle of aid. Bauer wrote that in countries where governments, public institutions and courts of law are corrupt, both domestic and foreign investment is unattractive. Fewer investments lead to a reduction in economic growth and thus an increase in poverty levels. As a response, donors give even more aid which further feeds corruption.

Zambian economist Dambisa Moyoclaims 50 per cent of UK aid will end up in the bank accounts of corrupt bureaucrats, in banks that are not even in the country where aid is supposed to go due to a lack of administrative infrastructure to allocate the money and efficient accountability mechanisms to oversee that the money is going to the right places. Tanzania has vast mineral resources and the means to develop itself; yet fifty years after independence it remains Africa’s largest recipient of aid with the British tax payer being the largest unilateral donor.

Andrew Mitchell states UK aid is about value for money and ensuring that every pound taken off hard-pressed taxpayers delivers 100 pence of value which is accountable to the British tax payer. Mitchell states the Coalition government takes a zero-tolerance approach to corruption and clamps down ruthlessly on any misuse of funds allowing British aid to deliver value for money and achieve the best results in fighting poverty and building a safer world.

However, Mark Lowcock, Permanent Secretary at DfID has confessed to the PAC that he does not know how much of DfID’s aid money was lost to fraud and corruption. ‘Poor people in developing countries expect the aid and debt relief received by their government to be spent in ways which actually improve their lives. Similarly, taxpayers in rich countries expect finance to poorer countries to be spent on fighting poverty.’ It is not suggested that UK cuts aid to Tanzania but, it is suggested that whilst issues of poor governance are ignored, corruption flourishes with impunity. As a result, the lives of the Tanzanian poor will not be sustainably relieved and the British tax payer will not get value for money in respect of its aid programme.

If we take a step back therefore and ask if today’s overseas development aid policy and practice is successful in Tanzania – successful, that is, in providing sufficient impetus to overcome the strong forces worldwide that keep its people poor, the answer is, it is not.

Sarah Hermitage is an anti-corruption activist and lawyer living in the UK. (sarah.hermitage@btinternet.com)

Do you have a story or an article to publish? Please email us to submit@in2eastafrica.net.

http://in2eastafrica.net/tanzania-is-uk-aid-fuelling-corruption/

Media in Africa: twenty years after the Windhoek Declaration on press freedom

from Yona Maro

The publication begins with an overview of the past two decades and shares assessments on the status of press freedom in Africa. The contributions are organised under four key sections – Freedom, Pluralism, Independence, and Access to Information. Articles cover these issues, as well as journalists’ safety, gender sensitive reporting, and the role of the internet.
http://www.misa.org/researchandpublication/democracy/MIA.pdf

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Syria: Detainees Hidden From International Monitors

From: Yona Maro

(New York) – Syrian authorities have transferred perhaps hundreds of detainees to off-limits military sites to hide them from Arab League monitors now in the country, Human Rights Watch said today. The Arab League should insist on full access to all Syrian sites used for detention, consistent with its agreement with the Syrian government.

The Syrian foreign minister, Walid Moallem, was quoted in the Independent on December 21, 2011, saying that the international monitors would be free to move around the country “under the protection” of the government but would not be permitted to visit certain “sensitive” military sites.

“Syria has shown it will stop at nothing to undermine independent monitoring of its crackdown,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “Syria’s subterfuge makes it essential for the Arab League to draw clear lines regarding access to detainees, and be willing to speak out when those lines are crossed.”

A Syrian security officer in Homs told Human Rights Watch that after the government signed the Arab League protocol on December 19 he received orders from his prison director to assist with an irregular detainee transfer. He estimated that on December 21 and 22 approximately 400 to 600 detainees were moved out of his detention facility to other places of detention.

“The transfers happened in installments,” the official said. “Some detainees were moved in civilian jeeps and some in cargo trucks. My role was inside the prison, gathering the detainees and putting them in the cars. My orders from the prison director were to move the important detainees out.”

He said that officials who accompanied the detainees out of the facility told him they were being taken to a military missile factory in Zaidal, just outside of Homs.

The security officer’s account was corroborated by other witnesses. Human Rights Watch spoke with a detainee who said that a transfer of other detainees took place from the Military Security detention facility in Homs on the night of December 19.

The detainee told Human Rights Watch, “There were about 150 [detainees]. They took them out around 1:30 or 2:00 in the morning. These guys were in detention the longest. Not criminals, but people who worked with journalists, or were defectors, or involved in protests.”

A Homs resident told Human Rights Watch that he saw heavily guarded cargo trucks leaving the Central Prison and the Military Security detention facility in Homs on December 20. The level of security led him to believe that detainees were being transported out of the facilities, he said.

Another Homs resident told Human Rights Watch that heavily guarded buses were going into the military barracks for Division 18 and a section of Division 4 in the al-Wa’aer al-Qadeem neighborhood of Homs from December 20 through December 22. The high level of security surrounding the buses’ movement led him to believe that they were transporting detainees into the barracks, he said.

The terms of the protocol signed by the Syrian government and the Arab League make clear that the monitors should have full access to places detainees are being held. On the basis of the protocol, the Arab League monitors should have access to the military missile factory and all other sites where detainees might be held, Human Rights Watch said.

The Syrian security officer interviewed by Human Rights Watch also said that the government is issuing police identification cards to military officials. Human Rights Watch is in possession of a document that appears to be from the Syrian Defense Ministry ordering the transfer of personnel from the Defense Ministry to the Interior Ministry, which oversees the police, and deploying them to areas where the military currently serves “to avoid disorder.”

Providing police IDs to military personnel violates the Arab League initiative, which calls on the Syrian government to withdraw armed forces from cities and residential areas, Human Rights Watch said.

“Dressing soldiers in police uniforms does not meet the Arab League call to withdraw the army,” Whitson said. “The Arab League needs to cut through Syrian government deception by pushing for full access to anywhere Syria is holding detainees.”


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USA: Letter to President Obama: Targeted Killings by the US Government

From: Yona Maro

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Dear President Obama,

We previously wrote to you on December 7, 2010, to express our concerns regarding the US targeted killing program. We made recommendations that would minimize harm to civilians and ensure US policies and practices were in line with the country’s international legal obligations. Since then, the use by the United States of Unmanned Combat Aircraft Systems (drones) to conduct targeted killings has expanded rapidly in Pakistan and other countries. Yet, your administration has taken few steps to provide greater transparency and accountability in conducting targeted killings, intensifying concerns both in the US and abroad about the lawfulness of these attacks.

Human Rights Watch recognizes that the US government has a responsibility to address threats to national security. The deliberate use of lethal force against a specific target can be legal in operations against a combatant on a genuine battlefield, or in a law enforcement situation in which there is an imminent threat to life and there is no reasonable alternative. We also recognize the challenges faced in trying to address potential threats that are not in a traditional conflict zone yet are also beyond the reach of any law enforcement.

We have read the statements from administration officials – most recently the September talk at Harvard University by counterterrorism advisor John Brennan – which posits the legal basis for the overall use of force but do not clearly provide one for conducting specific targeted killings and the legal limits on such strikes. Among the questions raised:

Where does your administration draw the line between lawful and unlawful targeted killings? Are international human rights law considerations taken into account?

John Brennan has argued for a more flexible definition of “imminence” to justify the use of force. Is this in the context of self-defense as provided under the United Nations Charter or in the law enforcement context, which requires an imminent threat to life for lethal force to be used?

The administration suggests that targeted killings can be conducted without geographic limits, making the entire world a battlefield. What is different about the US government rationale for targeted killings that would not apply to other countries, such as Russia or China, that assert threats from terrorists?

The US government should clarify fully and publicly its legal rationale for conducting targeted killings and the legal limits on such strikes. Your administration has yet to explain clearly where it draws the line between lawful and unlawful targeted killings. The government should also explain why it believes that its attacks are in conformity with international law and make public information, including video footage, on how particular attacks comply with that standard. To ensure compliance with international law, the United States should conduct investigations of targeted killings where there is credible evidence of wrongdoing, provide compensation to all victims of illegal strikes, and discipline or prosecute as appropriate those responsible for conducting or ordering unlawful attacks.

We are particularly concerned about the expanded involvement of the Central Intelligence Agency (CIA) in the targeted killings program. International humanitarian law does not prohibit intelligence agencies from participating in combat operations during armed conflicts. However, parties to an armed conflict have obligations to investigate credible allegations of war crimes and provide redress for victims. Because the US government routinely neither confirms nor denies the CIA’s well-known participation in targeted killings in northern Pakistan and elsewhere, there is no transparency in its operations. In 2009, then-CIA chief Leon Panetta unusually acknowledged the US airstrikes against al Qaeda leaders in Pakistan as being “very effective” because they are “very precise” and “very limited in terms of collateral damage.” However, he also said he would not provide more details, highlighting the government’s unwillingness to divulge information about CIA operations.

The CIA, like all US government agencies, is bound by international human rights and humanitarian law. Unlike the US armed forces, the CIA provides little or no information regarding the training and composition of its drone teams, or the procedures and rules it follows in conducting targeted killings. Nor has the government provided information as to whether the CIA has conducted any investigations into possible international law violations and their outcomes. As a result there is no basis for determining whether the US government is actually meeting its international legal obligations with respect to its targeting operations or providing redress for victims of unlawful attacks. Repeated assertions by senior officials within your administration that all US agencies are operating in compliance with international law – without providing information that would corroborate such claims – are wholly inadequate.

Human Rights Watch believes that so long as the US government cannot demonstrate a readiness to hold the CIA to international legal requirements for accountability and redress, the use of drones in targeted killings should be exclusively within the command responsibility of the US armed forces. This would be consistent with the findings of the independent 9/11 Commission, which in 2004 specifically recommended that “[l]ead responsibility for directing and executing paramilitary operations, whether clandestine or covert, should shift to the Defense Department.” Such a recommendation has been made more recently by former director of national intelligence Dennis Blair, among others. At the same time, while the US military has a more transparent chain of command and operational procedures, it too needs to ensure compliance with the laws of war, and provide accountability of redress when violations occur.

We again ask you to consider these concerns in light of your own words when you accepted the Nobel Peace Prize: “Even as we confront a vicious adversary that abides by no rules … the United States of America must remain a standard bearer in the conduct of war,” stating, “that is what makes us different from those whom we fight. That is the source of our strength.” We respectfully urge that you provide the legal framework to uphold these words.

We have enclosed our December 2010 letter and a recent Q&A addressing these issues. Thank you for your attention to this important matter.

Sincerely,

Kenneth Roth
Executive Director

Cc:
Secretary of State Hillary Clinton
Secretary of Defense Leon Panetta
CIA Director David Petraeus

The Future of Climate Negotiations after Cop 17

from Yona Maro

Throughout two decades of climate negotiations, diplomats have invoked the phrase “common but differentiated responsibilities” — CBDR — as shorthand for the idea that while all countries need to take action on climate change, their actual responsibilities will differ, depending on how developed they are. Countries fell into one of two categories: industrialized or developed countries were considered wealthy and capable enough to have immediate legal obligations to reduce their greenhouse gas emissions, while developing countries were allowed to set their own pace for acting on climate change. The just-closed COP 17 meetings in Durban, South Africa, challenged CBDR in two ways, one of which makes meaningful action to restrict climate change more likely, while the other makes it less likely.
http://www.cigionline.org/publications/2011/12/future-climate-negotiations-after-cop-17-likelihood-meaningful-action?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+cigi%2Flatest-publications+%28Latest+Publications%29

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Speech by The Secretary General of OIC, at the First Ministerial Review Conference of the Turkey-Africa Partnership

From: Yona F Maro

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– – – – – – – – – – –

Your Excellencies,
Honourable Heads of Delegation,
Distinguished Delegates.

It is a distinct honour and a great privilege for me to address the First Ministerial Review Conference of the Turkey-Africa Partnership here in Istanbul, as a hub for regional and international cooperation

Allow me, to express my sincere appreciation to the Government of Turkey for this invitation. I am among those of us that had the opportunity to participate in the 2008 session. As such, I am indeed a happy observer of te many pertinent activities that were realized since then and the significant distance that has been covered.

Africa is going through a transformation. Correct, some shortcomings are still there. Death rates of infants are still unacceptably high.

Poverty, malnutrition, insufficient education continue to be problematic issues. But those statistics are moving rapidly in the right direction. Growth rates are now strikingly high in many African countries, with some OIC members among them. And this comes at a time when world economy continues to remain in shambles.

Household income is above US$ 3000 for about 60 million Africans now. The Economist just reported this figure will surpass the 100 million mark in year 2015. Computer usage and non-personal digital technology are irreversibly in the grain of African business practices.

Turkish-African cooperation is a win-win exercise for all sides. With members in the African continent, as well as non-member countries in Africa, the OIC will continue to assist with this positive exchanges at all opportunities.

For the OIC this occasion is significant in many respects. It provides an auspicious occasion to monitor retrospectively some recent activities carried out by the Organization to build up regional cooperation and partnership. It affords us the opportunity to salute the distinctive efforts of the Government of Turkey, considering that the OIC accords much significance to South-South cooperation. This occasion provides an appropriate reminder on the need for our collective response to address the challenges facing our countries, foremost of which are inadequate investment, low utilization of capacity, chronic unemployment, and slow growth, among others.

In this regard I am glad to note that, since the elaboration of its Ten Year Programme of Action, the issues of poverty alleviation and socio-economic renewal have engaged the attention of our Organization. This is as we seek to implement the provisions of the OIC blueprint for greater economic cooperation among our Member States and for improved welfare for the vulnerable segment of our populations.

Notwithstanding the total Gross Domestic Product of OIC countries, which is estimated at about 5 trillion US Dollars, 21 OIC Member States are among Least Developed Countries, where most of the people endure on less than 2 US Dollars a day. Equally significant is the fact that most OIC countries export basically agricultural commodities and therefore are subject to often unstable global commodity and energy markets. Moreover, many artificial barriers are unfortunately placed on the free flow of trade across neighboring countries and communities often due to extraneous non-trade reasons and this of course leads to often negative Balances of Trade.

In order to promote free trade, the OIC for her part initiated a Trade Preferential System and three agreements under this scheme have since entered into force. It is expected that the eventual removal of the many tariff and non-tariff obstacles to intra-OIC trade would enable OIC Member States to increase their trade exchanges to 20% in 2015. Already, intra-OIC trade currently stands at 17% up from 14% in 2004.

Of course, such increase would come along in parallel to a corresponding increase among al African countries, members and non- members, as well.

At this juncture, I wish to seize this opportunity to encourage all our decision-makers to give due priority to the implementation of the OIC Trade Preferential Scheme, which offers significant potential to expand our national economies and create jobs for our increasing populations.

Excellencies,

Distinguished Delegates,

A major component of our economic cooperation strategy is to create an appropriate link between economic growth and social development, so as to address the spate of poverty and hunger in a number of OIC countries.

In that vein, the Special Programme for the Development of Africa, which has a capital outlay of 12 billion US Dollars, has so far disbursed an amount of 3 billion US Dollars on various social projects in the domain of education, health, housing, and women and youth empowerment.

These funding facilities are aimed at developing human capital, in order to complement the economic advantages which are derived from the development of infrastructure and strategic commodities.

Let me, at this point, emphasize that our new strategy on creating special regional projects is to ensure that all regional economic organisations within the and hopefully in tandem to the OIC family are mobilized to act as building blocks for our development agenda. This approach will assist in preempting duplication, enhancing synergy and coordination, and promoting efficient and timely implementation of our common projects.

I am glad to note that the on-going alliance between the OIC and the African Union on the execution of the OIC Dakar-Port Sudan Railway Project will herald the beginning of fruitful collaboration between the OIC and African Union. I, shortly and in essence, I have no doubt that the Turkey-Africa Partnership Summit will provide a practical example of enhancement through increased investments, trade and exchanges as opposed to aid donation alone.

Excellencies,
Distinguished Delegates,

As we consolidate our actions on the economic front, we are convinced that no development can take place in an atmosphere where there is no peace, stability, security, accountability, transparency, justice or human rights. It is against this background that this meeting is also dwelling on issues relating to democracy and good governance, with a view to provide a political and economic environment conducive for growth and sustainable development. On our part, we have scaled up our activities in the area of election monitoring as we seek to encourage a smooth transition of power and the consolidation of democracy in our Member States. OIC leaders must further strive to address such problems related to poverty, corruption, diseases and youth unemployment through the right policies and the judicious application of resources.

Closely related to this is the OIC emergency response mechanism for intervention in disaster zones. Let me commend the fraternal and persistent support of the Government of Turkey during the recent and ongoing famine in Somalia. Thanks to this support, the OIC was able to secure financial pledges to the tune of 350 million US Dollars from Governments and has continued to play a leading role among various international players in relief efforts in Somalia.

I am convinced that, given the abundance of huge natural resources in the OIC countries, we can achieve the objectives of transforming our economies for the interest of our peoples, if we persist in mobilizing the energies of our populations, collectively encompassing the private sector and civil society groups. Certainly, the entrepreneurial spirit of the growing numbers of our youthful population as well as our common purpose and destiny, should propel us to greater heights.

World: Protection of Civilians Under International Humanitarian Law

from Yona Maro

This paper examines challenges faced in ensuring the adequate protection of civilians during armed conflict in accordance with international humanitarian law (IHL). This paper focuses on how parties to armed conflicts – both states and non-state armed groups – implement their obligations under IHL, in particular the rules on distinction, proportionality and precautions that are fundamental to protecting civilians during hostilities. Based on experiences from recent conflicts, it identifies a range of protection challenges that arise in contemporary warfare.
http://www.peacebuilding.no/var/ezflow_site/storage/original/application/79402c6ed40540e666edf1c59c7b0fe1.pdf

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Kenya: Corruption in the Land Sector

from Yona Maro

This joint Transparency International and FAO Working Paper draws attention on corruption in land tenure and administration. Unprecedented pressures on land have been created as new areas are cultivated, taken over by expanding urban centres or are abandoned due to degradation, climate change and conflict. These developments have strained the rules, processes and institutions that determine which land resources are used, by whom, for how long and under what conditions. As evident around the globe, where land governance is deficient, high levels of corruption often flourish. Weak land governance tends to be characterized by low levels of transparency, accountability and the rule of law. Under such a system, land distribution is unequal, tenure is insecure, and natural resources are poorly managed. As a consequence, social stability, investment, broad-based economic growth and sustainable development are undermined.
http://www.fao.org/docrep/014/am943e/am943e00.pdf

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Africa: The 2011 Political Declaration on AIDS – Implications for Africa

from Yona Maro

Government, United Nations and civil society representatives gathered on the last day of ICASA 2011 to discuss how to deliver on the 2011 United Nations Political Declaration on HIV/AIDS for Africa. The Declaration, unanimously adopted at the UN High Level Meeting on AIDS in June 2011, sets forth bold new targets and calls on member states to redouble efforts to achieve universal access by 2015.
http://www.unaids.org/en/resources/presscentre/featurestories/2011/december/20111208ahlmtargets/


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China: Intransigence on Rights Cases Requires New Approach

from Yona Maro

(New York) – The Chinese government’s increasing intransigence on high-profile human rights cases requires governments to make progress on such cases a benchmark for closer relations and high-level visits, Human Rights Watch said. Imprisoned Nobel Peace Prize laureate Liu Xiaobo and his wife Liu Xia are high-profile examples of cases of concern to the international community.

“It is time to make progress on individual human rights cases a real benchmark for engagement with China,” said Sophie Richardson, China director for Human Rights Watch. “When governments and visiting leaders fail to publicly call senior Chinese officials on their indefensible treatment of human rights defenders it allows Beijing to conclude there is no price to be paid for violations.”

As the first anniversary of Liu’s Nobel Prize approaches, the Chinese government’s willingness to comply with its international legal obligations as it continues its ascent on the world stage must also be called into question, Human Rights Watch said.

The international community’s approach to individual cases has often been marked by a preference for behind-closed-doors entreaties at the margins of diplomatic meetings or in bilateral human rights dialogues that take place regardless of the lack of progress. These discussions are often not backed by a commitment to press the Chinese government publicly when talks do not produce results and are sometimes undermined by high-level statements praising purported progress. Occasional passing references to individual cases are also held up as evidence of commitment to raise human rights issues with Beijing, yet the inconsistent, relatively quiet approach indicates to the Chinese government that there is no diplomatic penalty for ignoring such demands.

The Chinese government’s growing disdain for this inconsistent approach has become apparent in its refusal to receive or respond to case lists, and through its manifestly untruthful assertions regarding the status of citizens placed under extrajudicial measures.

Among the major individual cases that have dominated the human rights agenda for several years are:

Nobel peace laureate Liu Xiaobo, arrested on December 8, 2010, for his role in co-drafting an appeal for political reform and serving an 11-year prison sentence;

Liu’s wife, Liu Xia, who has lived under house arrest since the Nobel Prize ceremony in December 2010;

the lawyer Gao Zhisheng, who has been disappeared by the authorities since April 2010; and

the blind legal activist Chen Guangcheng, illegally imprisoned at his home since his release from prison in September 2010.

There are no legal charges against Liu Xia, Gao, or Chen, and Liu Xiaobo’s trial violated minimum standard of fairness and due process. Both Liu and Gao’s deprivation of liberty have been ruled “arbitrary” by the United Nations’ Working Group on Arbitrary Detention.

Some foreign governments have repeatedly raised the cases of Liu, Gao, and Chen and called for their release over the years with little meaningful response from the Chinese government. Beijing routinely denies that any restrictive measures are being imposed on Liu Xia, Gao Zhisheng, or Chen Guangcheng, going so far as to suggest that Gao is merely “traveling” and that Chen is “at home.” In April 2011, Michael Posner, the US assistant secretary of state for democracy, human rights and labor, said after the US-China human rights dialogue in Beijing that Chinese government responses to queries about individual cases gave “no comfort.” His and other governments’ requests to meet with Liu Xia have been repeatedly rejected.

Although international pressure contributed to the June 2011 release of the contemporary artist and outspoken government critic Ai Weiwei after a disappearance of 82 days, the government has continued to press a politically-motivated tax case, and has published proposed revisions to the criminal procedure law that would legalize secret detentions at locations chosen by the police for up to six months.

Such provisions would plainly undermine the prohibition on arbitrary detention of the International Covenant on Political and Civil Rights, which China has signed but not ratified. Under customary international law, China is obliged to refrain from acts which would defeat the object and purpose of a treaty it has signed.

In September 2011, in a clear sign of growing intransigence on the diplomatic front, the Chinese government issued a list of “core interests” on which “no compromise is possible.” This list includes the “political system established in the Chinese constitution,” which enshrines the leadership of the Communist Party, and a “basic assurance for the general social stability.” Human rights defenders and government critics are often accused of being a threat to social stability or national security.

“It is time for presidents and prime ministers, foreign ministers, and ambassadors to publicly call for specific prisoner releases and for concrete steps towards respect for human rights,” said Richardson. “Xi Jinping and other senior officials deserve no red carpet welcomes until there is evidence the human rights environment in China is improving.”


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Angola: End Violence Against Peaceful Protests

from Yona Maro

(Johannesburg) – The Angolan government should end its use of unnecessary force, including by plainclothes agents, against peaceful anti-government protests, Human Rights Watch said today.

On December 3, 2011, police and plainclothes security agents violently dispersed a peaceful rally of about 100 youth in Luanda, the capital, and injured at least 14, one of whom had a serious face wound, Human Rights Watch said. The demonstrators were protesting the 32-year rule of President José Eduardo dos Santos, whom they blame for rampant corruption, widespread poverty, and political repression. The security agents used an irritant spray against journalists and a Human Rights Watch researcher, who were covering the demonstration. The police briefly detained four Angolan journalists, but denied the arrests in a statement quoted by the state-owned news agency Angop on December 4.

“If the Angolan government was hoping to hide its violent attacks on peaceful demonstrators, it has failed,” said Daniel Bekele, Africa director at Human Rights Watch. “Government agents used unnecessary force against peaceful protesters, and then tried to keep journalists from reporting it.”

The December 3 rally by the youth movement, which is loosely grouped via social media, was one of several anti-government protests over the past few months. Marches were planned to start at two points in Luanda’s poor and populous periphery – Cazenga and São Paulo – and to converge at Independence Square in the city center. From there they were to head to the presidential palace. In keeping with legal requirements, the organizers informed Angolan authorities, but the organizers did not receive an official response.

In Cazenga, a Human Rights Watch researcher observed several police officers with military assault rifles – in addition to the police with batons and plainclothes agents – enter the area of the demonstration after journalists left the area. At that point, demonstrators told Human Right Watch, the security forces violently attacked them with the batons and irritant liquids. The researcher saw a police car moving at high speed down a street that was partly occupied by demonstrators. Witnesses reported that the car, which they alleged was the local police commander’s, struck and injured a demonstrator.

In the city center, the authorities blocked access to Independence Square and deployed a large force of uniformed and plainclothes police, dog and horse squads, and helicopters.Security agents in civilian clothes, most of them wearing hats and sunglasses to conceal their faces, were highly visible at the rallies and participated in the police crackdown.Human Rights Watch observed police officers near Independence Square striking demonstrators with batons and chasing them to the main boulevard, where there was heavy traffic. Police did not seal off any streets to prevent accidents during the demonstration.

In Cazenga and the city center, Human Rights Watch observed plainclothes security agents carrying mineral water bottles that contained an unknown liquid. The agents were observed spraying the liquid at demonstrators, journalists and others, irritating their faces and eyes, causing temporary blindness and in some cases fainting.

In the afternoon at the boulevard near Independence Square, the same agents were seen spraying the bottled substance directly into the faces and eyes of protest leaders, and then beating them with batons. Security agents also targeted a journalist from Novo Jornal and unsuccessfully attempted to seize his camera. The agents also sprayed a Human Rights Watch researcher who was observing the crackdown and interviewing demonstrators, police officers and journalists. These attacks took place in front of uniformed police, who did nothing to intervene.

The Human Rights Watch researcher described the incident:

I was walking down the sidewalk toward Independence Square, waiting for a calm moment to cross the boulevard and join a group of journalists. I was interviewing one of the demonstrators, the rap musician Dionísio “Carbono” Casimiro. There were at least seven police officers and a dozen passers-by. We were about 20 meters away from the traffic island where the police were striking protesters with their batons. Suddenly, several men wearing plain clothes sprayed a liquid into our faces and eyes. The liquids created a burning sensation that blinded me for an instant, and I lost my glasses. The attackers didn’t beat me, although they later beat Carbono, who had fled in another direction. After I had washed the substance away with water, I went back and asked the police officers if they had seen anything. They denied any knowledge of the incident.

Human Rights Watch later identified the attackers on a video taken by a demonstrator. They were four men wearing hats and sunglasses, and carrying mineral water bottles.

At 4:30 p.m. near the Independence Square, police arrested four journalists – Isabel João and António Paulo from the private weekly newspaper Novo Jornal, Coque Mukuta from Rádio Despertar, and the prominent investigative journalist Rafael Marques – and drove them to the police post, where they were briefly detained.

The arrests occurred after several plainclothes security agents approached the journalists and the Human Rights Watch researcher, and aggressively ordered them to leave. The journalists asked them whether they were police agents who had the authority to order the journalists to leave a public place. One of the men replied, “We don’t have to explain anything to you. Just get out immediately.” On several occasions during the day, police officers accused journalists and observers of “encouraging” the demonstrators.

“The Angolan government should respect the rights of journalists and other observers to cover and report on political demonstrations and events,” Bekele said. “This is particularly important at a moment when Angola is heading for elections in 2012.”

Background

Human Rights Watch has previously reported about excessive police violence at antigovernment rallies in Angola in 2011. In March, Human Rights Watch reported about a ruling party intimidation campaign and arbitrary arrests of journalists and rap musicians as they gathered for a demonstration planned for March 7, which eventually didn’t take place on March 7.

Many demonstrators involved in demonstrations since March have told Human Rights Watch that they have been subjected to intimidation and received anonymous phone calls threatening them and their families. Some said they filed complaints, but haven’t been able to get any information from the police about whether an investigation had taken place.

In September, Human Rights Watch documented excessive police violence, arbitrary arrests of demonstrators and attacks against journalists by police in plain clothes on September 3, and reported about the denial of due process to demonstrators, 18 of whom a police court unfairly convicted on September 12 and sentenced to terms varying from 45 to 90 days in prison for disobedience, resistance and “corporal offenses” against several police agents. On October 14, the Supreme Court overturned the convictions for lack of evidence and the imprisoned demonstrators were released, but they still face possible retrial by the lower court.


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Group Violence, Ethnic Diversity, and Citizen Participation

from Yona Maro

This paper addresses the impact of violent conflict on social capital, as measured by citizen participation in community groups defined for four activity types: governance, social service, infrastructure development and risk-sharing. Combining household panel data from Indonesia with conflict event information, the authors find an overall decrease in citizen contributions in districts affected by group violence in the early post-Suharto transition period. However, participation in communities with a high degree of ethnic polarization is less strongly affected and even stimulated for local governance and risk-sharing activities. Moreover, individual engagement appears to be dependent on the involvement of other members from the own ethnic group, which points to emphases on bonding social networks in the presence of violence. Finally, in conflict regions, the wealthier households are more likely to engage into cooperative and infrastructure improvement activities, while they are dropping from security groups. On the contrary, the poorest households get more involved in social service activities and less in infrastructure groups. The results illustrate the danger of generalizations when dealing with violence impact on community activities.
http://www.microconflict.eu/publications/RWP48_CM_MV.pdf

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Kenya: Education and Literacy 50 years of Uhuru: Reflections for Action

From: Yona F Maro

Dear Friends, Education and Literacy Advocates, Readers..

Let me remind you again that the long awaited public forum: ‘Education
and Literacy 50 years of Uhuru: Reflections for Action’ is taking
place today (Tuesday, 29th November, 2011) at Soma Book Cafe

Panelists: Elizabeth Missokia (HakiElimu), Richard Mabala (Tamasha), A
representative from Oxfam, Blooming Africa/Susan Mbise, Elieshi Lema
(E&D Vision Publishing), and Nyanda Shuli (Haki Elimu) as Moderator..

And..

Music and Literary Performances by: Rage, Mawio Arts, Lwitiko,
Nyandindi, Joseph Payne, etc

(Drinks and Cocktails from BLIND TIGER)

We start at 5pm

COME ONE, COME ALL, COME EVERYBODY… And make your voice heard!

See the attached map for directions to Soma Book Cafe
Click on the link below for the full Program
https://viewer.zoho.com/docs/kbcbWbg


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China: Rogue aid? The determinants of China’s aid allocation

From: Yona Maro

Foreign aid from China is often characterized as ‘rogue aid’ that is not guided by recipient need but by China’s national interests alone. However, no econometric study so far confronts this claim with data. The study finds that political considerations are an important determinant of China’s allocation of aid. However, in comparison to other donors, China does not pay substantially more attention to politics. In contrast to widespread perceptions, the study finds no evidence that China’s aid allocation is dominated by natural resource endowments. Moreover, China’s allocation of aid seems to be widely independent of democracy and governance in recipient countries. Overall, denominating aid from China as ‘rogue aid’ seems unjustified.

According to the Financial Times, China outperformed the World Bank as the world’s largest provider of overseas loans to developing countries through its China Development Bank and China Export-Import Bank amounting to at least US$110 billion in 2009 and 2010. Tanzania was the single most important recipient of Chinese economic aid between 1956 and 1987. 62.0% of China’s economic aid between 1956 and 1987 has been provided to Africa, highlighting China’s aspirations to become the leading power in the Third World. 22.7% of China’s economic aid in this period were provided to Asia, with the intention of creating “friendly relations with its closest neighbours”.

https://ncgg.princeton.edu/IPES/2011/papers/F1120_rm3.pdf


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Nigeria: Firing of Anti-Corruption Czar Won’t Fix Agency

from Yona Maro

(Lagos) – The sudden dismissal of Nigeria’s controversial anti-corruption chairman will not fix the troubled agency she led, Human Rights Watch said today. The government should carry out broad institutional reforms if Nigeria is to make real progress against corruption.

On November 23, 2011, President Goodluck Jonathan dismissed Farida Waziri, chairman of the Economic and Financial Crimes Commission (EFCC). The commission’s record in fighting high-level corruption has been consistently disappointing under both Waziri and her well-regarded predecessor, Nuhu Ribadu, Human Rights Watch said. Partly due to the commission’s own failures, it has been largely unable to secure convictions against senior government officials charged with corruption. As Human Rights Watch showed in a recent report on the institution’s problems, broader institutional failures – such as executive interference and judiciary inefficiency – will need to be addressed if the commission is to improve its anti-corruption record, Human Rights Watch said.

“The EFCC’s mandate is to fight corruption that the political system actually rewards, and to accomplish that by working through institutions that are either broken or compromised,” said Daniel Bekele, Africa director at Human Rights Watch. “That’s an almost impossible job no matter who is in charge.”

The commission, established in 2003, is the only government institution that has publicly challenged the longtime impunity of Nigeria’s ruling elite. It has arraigned 35 nationally prominent political figures on corruption charges, including 19 former state governors. But many of those cases have made little progress in the courts, and not a single politician is currently serving prison time for any of these alleged crimes. The commission has secured four convictions of senior political officials since 2003, but they have faced relatively little or no prison time.

The Jonathan administration should present legislative amendments granting tenure security to the commission chairman, Human Rights Watch said. The institution can never be truly independent if the president can dismiss its chairman at will. The government should also bolster Nigeria’s other key anti-corruption institutions, the Independent Corrupt Practices and Other Related Offences Commission and the Code of Conduct Bureau.

Nigeria’s weak and overburdened judiciary has also been an obstacle to effective prosecutions. Most of the corruption cases against high-level political figures have been stalled in the courts for years, with their trials not even begun. In early November, Nigeria’s new Supreme Court chief justice, Dahiru Musdapher, took a long overdue initiative by instructing judges to expedite corruption cases, giving them a six-month deadline to complete these cases.

The government should build on this promising initiative by beginning the long-term process of repairing the battered federal court system, reforming federal criminal procedure, and examining ways consistent with due process rights to establish special courts or designating specific judges to hear only corruption cases, Human Rights Watch said.

Human Rights Watch has also called on Jonathan to pledge publicly not to interfere in the EFCC’s work and to support aggressive efforts to fight corruption no matter who is implicated. Past governments have openly interfered in key anti-corruption cases, discouraging the commission from acting as aggressively as it otherwise might.

“One of the EFCC’s greatest weaknesses has been its lack of independence and susceptibility to political pressure,” Bekele said. “President Jonathan’s sudden firing of Farida Waziri will only make that problem worse unless the government pushes through reforms to bolster both the EFCC and the other institutions it depends on.”

Waziri was appointed in 2008 in controversial circumstances after Nuhu Ribadu was forced from office in apparent reprisal for his attempted prosecution of a powerful former governor, James Ibori. Waziri has been widely criticized as ineffective and politically beholden, but in the months leading up to her sudden ouster she initiated a flurry of prosecutions against senior political figures. In October the commission arraigned four former state governors and a serving senator on corruption charges, and in June the agency filed corruption charges against the former speaker and deputy speaker of the House of Representatives – all of them members of the ruling People’s Democratic Party.

During Waziri’s three-and-a-half years in office, the agency arraigned 21 senior political figures on corruption charges but only secured two convictions in these cases. Her four-year term in office was due to expire in May 2012.

Endemic corruption at all levels has kept Nigerians mired in poverty despite the country’s considerable oil wealth. Human Rights Watch research has documented how political corruption in Nigeria fuels violence, police abuse and denial of basic health and education services.


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China & World: Overview of China’s Outward Foreign Direct Investment

from Yona Maro

China’s investments abroad are growing despite an overall decline globally in foreign direct investment (FDI) following the 2008 financial crisis. That trend in Chinese investments abroad is likely to continue, since China’s huge foreign exchange reserves are an increasing source of mobile capital and is a key part of China’s official government policy. The receipts from China’s existing global investments, combined with mounting trade surpluses, have made China the world’s largest capital-surplus economy.
http://www.uscc.gov/researchpapers/2011/GoingOut.pdf


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Africa: Disaster risk reduction: Fundamental to saving lives and reducing poverty

from Yona Maro

This briefing has been written in response to the drought in the Horn of Africa, which is facing the worst food crisis of the 21st Century. While severe drought has undoubtedly led to the huge scale of the disaster, this crisis has been caused by people and policies, as much as by weather patterns. An adequate response to the current crisis must not only meet urgent humanitarian needs, but also address these underlying problems. Disaster Risk Reduction has as key role to play in analysing, managing and addressing the causal factors of disaster and their impact on men and women. It is proven to be effective and cost effective. Yet it is systematically underfunded by donors, and not an integral element of humanitarian and development work across the board. To prevent future crises, this has got to change.

http://policy-practice.oxfam.org.uk/publications/download?Id=426066&dl=http://oxfamilibrary.openrepository.com/oxfam/bitstream/10546/143690/1/drr-horn-africa-300911-en.pdf


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