Category Archives: Human Rights

How the opposition leader in Uganda beat the police dragnet and snuck into Jinja town

An online report posted by Uganda correspondent
Forwarded By Leo Odera Omolo

Dr Besigye: Slipped through the police net

Interesting details emerging from the hotly contested Jinja East bi-election that took place last week, Thursday, 9 February, indicate that Forum for Democratic Change [FDC] party president Dr Kizza Besigye has once again successfully outwitted a joint police and army security blockade that had been set up to stop him.

According to a source who was at the scene, the security blockade had been set up to stop Besigye and other top opposition leaders from entering Jinja Town Hall where the votes were being counted. Uganda Correspondent understands that initially, Besigye tried to approach Jinja Town Hall in his vehicle but he was rudely stopped in his tracks by mean looking security operatives who ordered him to drive off.

A few minutes of heated exchanges followed. The FDC leader finally obliged and asked his driver to turn around. His vehicle then sped off and disappeared into the misty distance of the streets of Jinja town which had been virtually saturated by the heavy clouds of teargas that had been fired by police to disperse rival supporters of the two main contenders, FDC’s Paul Mwiru, and NRM’s Nathan Nabeta.

After about twenty minutes or so, the security officers who had blocked Besigye from accessing Jinja Town Hall were shocked to the bone to hear that the FDC leader had somehow made it into the Town Hall and was now busy trying to make sure that his candidate’s votes were not stolen.

Besigye himself was tight lipped when contacted by this reporter to shed light on how he outwitted the heavy security blockade. “Hahahaha.” the FDC leader laughed out loud before steering the phone conversation swiftly away from what he called “the small matter” of how he beat the security blockade to enter Jinja Town Hall.

“That is not a matter for public consumption. All I can tell you is that you have to be creative when you are dealing with a rogue regime.” Besigye said. He then added that, “…The point is not really about how I made into the hall. It is about the oppressive environment imposed by this regime in which we operate. Transparency is a fundamental requirement for any election to be deemed free and fair. And this is precisely what we have been demanding for years.” the FDC leader said.

Several unsubstantiated theories have since emerged about how Besigye beat the security roadblock in dramatic fashion. Mr. David Waiswa, a 39 year old resident Walukuba West who says he was seated in a shop at the Town Hall end of Iganga Road as the drama unfolded, said he is convinced that Besigye came back on foot and walked straight past the security officers who had by now dropped their guard after seeing Besigye’s car drive off.

In truth, we never know how Besigye actually beat the tight security blockade. But it is not the first time that the FDC leader has pulled off such a mystifying antic. Soon after the 2001 elections, Besigye beat the heavy military ring-fence deployed at his house in Luzira and eventually escaped out of the country unnoticed. He ended up in South Africa where he lived until his return in 2005.

The Jinja East bi-election result

FDC’s Paul Mwiru emerged victorious after beating his close opponent NRM opponent Nathan Nabeta Igeme by 1,701 votes. Mwiru garnered a total of 7,758 votes and Nabeta came a close second with 6,057 votes. Consequently, Mwiru was declared winner in front of Electoral Commission [EC] Chairman Eng. Badru Kiggundu.

The Jinja East parliament seat fell vacant after FDC’s Paul Mwiru successfully challenged Nabeta’s election in the High Court, which then ordered a bi-election.

END

Ms Anastacia Ngati, an environmental specialist with GIBB International

From: Judy Miriga

Folks,

Intent to politically manipulate and motivate Forceful migration of a community is illegal. These poor communities are given little choice to keep their homes and protect their social cultural heritage values or their traditions. As can be seen, there are behind the scene, constant inflicted conflicts amongst the communities to destroy each other during election time, or are offered worthless Shs 100,000 thousand to move out of traditional land with intent to illicitly get rid of small African peasant farmers and “rationalize” agriculture into large monoculture illegitimate and unconstitutional enterprising with Government protection that provide Clearance for unconstitutional amalgamation of land for unscrupulous Corporate special interest cartels through government lobby. This behavior must be highly condemned by all good people. We must jointly fight against such actions to wade off would-be neocolonialists, Apartheid system of racial discrimination and segregation enforced by illegitimate political system and tyrannies hopefuls.

It is stated that Devolution was changed by consensus, which consensus and who authorized it?

I am concerned about the weak position of our marginalized poor population who have been squeezed into forceful migration, into extreme hunger with abject poverty, pain and sufferings. The struggle to Constitutional Democratic Governance with Just Rule of Law seems afar when and if Devolution of Counties, Fair Distribution of Public Finance resources and freedom of choices to improve livelihood and survival is changed and manipulated to suit unscrupulous Corporate special interest, we all need additional strong arm from leaders of the world to help force the change we fought so hard to achieve over the years.

More consumers do not want Genetically modified foods and prefer Naturally and locally grown organic food produce without toxicity substances and is in the center of competition, Kenyans with the rest of Africa are ready to participate in progressive development in shared interest, under safe means where ecological environmental preservation from pollution are observed.

Are we Losing out to unscrupulous Special Interest Corporate Cartels

Have our leaders sold us to the rich, are we illicitly the slaves of the rich? Shall we stand up to face realities…..

The way things are going, we are soon going to find ourselves heavily controlled with no voice by the unscrupulous special interest throughout this transitional time where we expect we overwhelmly voted for the New Constitution to serve public interest. I clearly feel the burden and sense of losing something intangible of cultural heritage value and losing something more valuable as traditional community land for an exchange of cheap offer for Shs. 100,000 an average of a three month salary of a primary school teacher, or through politically motivated Civil conflicts like in the North Eastern. This is a rip-off and a way of THIEVING that must not be allowed to happen and we all must stand up to condemn it wholly.

We have lost so much over the years, and we are not ready to loose anymore. The world must unite with us to overcome. This is not a one Nation war of the unscrupulous, it has engulfed the whole Global region and it is spiraling out of control. We must all unite to nip it in the bud before it turns catastrophic…….Greece is a show-case and Chinese and Indians are the Mission Agents of the unscrupulous Corporate Special Interest we must watch and control…..so we can nurture a level playing field in an environment which is safe under Mutual common interest of all.

Peace, Love and Unity can only be realized where regulations are put in place and are observed by all, to protect peoples interest equally without discrimination or favour……..

FootNote:

[Feudalism: Serfdom is the status of peasants under feudalism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century. Serfdom included the labor of serfs (illegally) occupying a plot of land owned by the rich unjustly and are given rights to exploit certain fields of Public Interest ……to maintain their own subsistence of class. Serfdom involved not only work in the Rich people’s fields, but were made slaves, although they had legitimate ownership of land, mines, forests and roads, where the poor paid levy/taxes on behalf of the rich. The manor formed the basic unit of society of the Rich. They have free access to Nations economy and socially. Serfs were laborers who were bound to the land….. they formed the lowest social class of the feudal society. Serfs were also defined as people in whose labor landowners (the Feuds) held property rights.]

It is a truely a Very-Sad-State-of-Affairs……..Wake up people, wake up………..Stand Up and DEMAND for your rights……..Wake Up……!

See attachements which is self explanatory, very sad indeed, it brought tears to my eyes……..

In this instance, who is the Government???…..We demand for an immediate answers ……..As this behavior by the Coalition Government is not acceptable……This is “Intellectual Property Thieving”……..Legal Justice must prevail………

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Devolution law ‘was changed by consensus’
Kenya News.Net
Friday 10th February, 2012 (Source: Daily Nation)
That team also had officials from the Attorney-General’s Office, the Kenya Law Reform Commission, and the line ministries.

Responding to inquiries by the Nation, the CIC chairman said the changes regarding the role of the governor were removed, because the team saw it as superfluous, given that all laws are subject to the Constitution.

Clause 3… …

Changes were made to the draft law on devolution after agreement by all the players in the review process.

Kenya: Devolution Law ‘Was Changed By Consensus’
9 February 2012

Changes were made to the draft law on devolution after agreement by all the players in the review process.

The team spearheading the rollout of Kenya’s 18-month-old Constitution has said that there were adequate consultations to ensure that the final Bill did not in any way subvert the dreams enshrined in Chapter Eleven of the Constitution on Devolution.

Commission for the Implementation of the Constitution chairman Charles Nyachae noted that members of the Taskforce on Devolved Governments were part of the team that revised the draft Bill on county governments.

Superfluous

That team also had officials from the Attorney-General’s Office, the Kenya Law Reform Commission, and the line ministries.

Responding to inquiries by the Nation, the CIC chairman said the changes regarding the role of the governor were removed, because the team saw it as superfluous, given that all laws are subject to the Constitution.

Clause 35 (1) (i) of the original draft, stated: “Subject to the Constitution, the governor shall perform such state functions within the county as the President may determine”. The Bill as currently published in Clause 31 (2) (b) provides: “The Governor shall perform such state functions within the county as the President may determine.”

“The difference in the two Clauses is the omission of the phrase ‘Subject to the Constitution’. It was omitted for the simple reason that all legislation are ultimately subject to the constitution,” said Mr Nyachae.

The CIC chairman also said that the role of village elders had been dropped from the original draft to keep politicians away from citizens’ space.

“This was removed as it was deemed the forums ran the risk of being politicised,” said Mr Nyachae.

Tagged: East Africa, Governance, Kenya, Legal Affairs

How AG’s office is sabotaging devolution

Published on 05/02/2012
By Dominic Odipo

When the Task Force on Devolved Government (TFDG) went around the country last year collecting the views of the public on how effective devolved government should be implemented, there were a number of recommendations which stood out as bearing the stamp and support of almost the entire country.

Among these was the near-universal recommendation that, in order to allow citizens at the lowest or grassroots level to effectively address the issues that confront them every day, there should be established both Village Councils (VCs) and Citizen’s Participation Forums (CPFs) along the models that existed in most Kenyan communities during the pre-colonial period.

Duly recognizing the vital importance of these organs, especially for the minority or marginalized communities, the Task Force recommended that these organs be established by national legislation, not by individual county initiatives.

The rationale for this recommendation was very simple. If you leave this decision to a county which is dominated by one community, this community is likely to ride roughshod over the interests of the smaller communities within the county, effectively driving such small communities to the periphery of the periphery of the county’s development process.

If, for example, you leave it up to Baringo County to determine how governance at the grassroots level will be prosecuted, the majority Tugen community might ignore the wishes of the minority Njemps and Endorois communities, and deny them the right to form and manage their own nationally-recognized and supported village councils.

Accordingly, when the Task Force published its Draft Bill on Devolved Government last year, it duly included both the Village Councils and the Citizens Participation Forums.

Unfortunately, if you peruse the latest version of this Draft Bill, which has now been published as the Devolved County Governments Bill, you will find that the village councils and the citizen’s participation forums have both been removed.

In other words, the Drafters of this new Bill, whoever they might be, have unilaterally not only struck at the core of devolved government but they have also foolishly and cynically overturned one of the most popular recommendations that the Task Force received.

For a number of reasons, this blatant and cynical abuse of bureaucratic power must not be allowed to stand. First, there can be no real devolved government if the actual organs and mechanisms of devolution do not percolate to the grassroots level which, in this case, is the village.

Or, to put this in reverse, if the ordinary Kenyan citizen does not see the trappings and institutions of devolved government manifested at the village level, he or she will assume that no devolution has occurred.

Second, if the overwhelming majority of the people who presented their views to the Task Force said that they wanted to see these village councils and citizen’s participation forums established, who are these people who have Drafted the latest Bill on devolved government to exclude these organs?

Are there some hapless legal apparatchiks in the Attorney General’s Office who really do not know what they are doing or is this part of a much larger and sinister plot to defeat real devolved government?

There is also a particular security component to this matter which needs to be mentioned here. Every village in this country knows its thieves, robbers, murderers, or witches.

If you leave village government to the village itself, within very little time, these negative elements within the village will be identified and the necessary action taken to deal with the situation. If you leave village governance to a larger and more distant organ, the motivation of the villagers to confront such matters directly will be necessarily constrained.

If you let the villages run their own affairs, as the Task Force had proposed, and they refuse to identify the thieves, robbers, murderers and witches amidst them, then, in good conscience, you can let them stew in their own soup for a while before taking much more drastic, remedial action.

Fifty years after our independence, the Njemps are still fighting the Endorois in Baringo County; the Gabra and the Borana are still slaughtering each other in Moyale County and the Pokots are still causing havoc along their borders with the Samburu and Turkana communities. If we needed any proof that our governance systems at the grassroots level have failed, these killings are surely it.

This means that we need to overhaul almost all those governance structures which have existed at the community level since independence. We need to take real government to the grassroots through these village councils and citizen’s participation forums.

In its latest memorandum to Parliament, Sayari, the Nairobi-based think tank, in conjunction with CEMIRIDE, the Centre for Minority Rights Development stated:

“This Bill is subjecting voiceless grassroots communities to the vagaries of political dealings and power play at the county level. This is likely to harm politically marginalized and minority communities the most.” Indeed! ENDS.

The writer is a lecturer and consultant in Nairobi.

dominicodipo@yahoo.co.uk

Clashes over water, pasture displaces 40 000 in Kenya
NAIROBI, KENYA – Feb 10 2012 19:34

More than 40 000 people have fled recent clashes between two north Kenyan tribes over access to water and pasture, the International Federation of Red Cross and Red Crescent Societies said on Friday.

“Over 40 000 people have fled their homes in Moyale, northern Kenya,” said Alexander Matheou, the federation’s head for East Africa.

The UN had earlier said “tens of thousands” displaced by the fighting had fled into neighbouring Ethiopia, where the majority are living with host families.

Clashes between rival cattle herding pastoralists in the region are common, with herders often carrying guns to protect their animals, but the recent fighting has been unusually heavy.

The clashes pit two traditional rivals, the Borana and the Gabra, around the town of Moyale on the Ethiopian border.

“We have never seen before what we are seing this time, entire villages, entire schools destroyed, water points sabotaged,” Matheou said.

“Shops in Moyale are closed, houses, schools are empty, there is a very eerie sense like a ghost town,” he added.

“Conflict between the Borana and Gabra clans in north Kenya has displaced tens of thousands of people,” the UN Office for the Coordination of Humanitarian Affairs said in a report on Tuesday.

Food for 15 000 people has been sent to the area, along with plastic sheets and household items for some 3 000 people, it added.

Fighting over land grazing rights in the remote Moyale region killed at least 18 people last month after two days of intense violence between men armed with automatic rifles and machetes.

The region was hard hit by severe drought in the Horn of Africa last year, exacerbating tensions over land in the area, and sparking tit-for-tat cattle raids.
KENYA: Clashes highlight dangers of devolution

ISIOLO, 3 February 2012 (IRIN) – Politically motivated violence in the northern Kenyan town of Moyale, which has left dozens dead and tens of thousands displaced in recent weeks, shows little sign of abating and there are fears that the clashes could continue until elections are held for new local government positions.

The main two pastoralist communities involved, the Borana and the Gabra, have a long history of sometimes violent competition over resources. But by many accounts, an unintended consequence of Kenya’s new devolutionary constitution has raised the stakes considerably.

The prospect of real political and budgetary power – concentrated since independence in distant Nairobi – rather than water, pasture and cattle-raid vendettas, now drives the violence.

“Every conflict in 2012 will have political and ethnic implications and can therefore not be treated as normal criminal activity,” Mzalendo Kibunjia, chairman of the National Cohesion and Commission (NCIC), said in a recent statement [https://www.facebook.com/permalink.php?story_fbid=172600292840170&id=133856426714557].

The NCIC is a government entity set up in 2008 to eliminate ethnic discrimination and promote inter-communal reconciliation.

“The conflicts in northern Kenya must be treated as electoral related and not be dismissed as conflict over water, pasture and cattle rustling.

The NCIC has established that the ongoing violent conflicts [in Moyale and Isiolo http://www.irinnews.org/report.aspx?reportid=94312 ] are politically motivated in anticipation of the 2012 elections,” Kibunjia said.

However, presidential, legislative and local elections might not be held until early 2013 according to a recent High Court ruling.

The Kenya Red Cross added: [ http://www.kenyaredcross.org/index.php?option=com_content&view=article&id=251&Itemid=124 ]

“The trigger of the current conflict is allegedly competition over positions in the county government structures as designated in the new Kenyan constitution and land-related issues.”

Incitement

The spate of sporadic clashes is thought to have been sparked by a single killing in early November just across the border with Ethiopia.

Since then, political leaders from each community have allegedly incited violence against the other, regardless of whether those members are combatants.

“Different communities used to share mixed schools, mixed waterholes, mixed shopping centres, mixed everything. Now they can’t be on the same street together,” said one aid worker, who recently visited the town.

Several political leaders, including a former member of parliament, have been arrested on suspicion of fuelling the increasingly generalized conflict.

“Here, a politician can kill his opponents, it happens every [election] year, but not a single politician or trader known to have planned and killed people has ever been convicted,” Aba Dika, an elder in Moyale, told IRIN.

However, Eastern Province Police Commander Marcus Ochola told IRIN such impunity was on the way out.

“I am confident our officers, who are still collecting additional evidence, will support strong cases against those responsible for these skirmishes,” he said.

Another police official said detectives were investigating reports that some suspects had used social media to incite violence and congratulate kinsmen when prominent members of rival communities had been killed.

Aid workers who visited Moyale said hundreds of houses had been burnt and that crops, livestock and property had been destroyed.

There have also been reports of shortages and increasing food prices due to the interruption of transport and the closure or destruction of shops.

Thousands of people – insecurity has prevented an accurate assessment – have been displaced from their homes, with many fleeing into southern Ethiopia.

The Red Cross estimates that 9,500 families – some 57,000 people – have fled, 60 people have been killed and more than 1,000 houses burnt.

The worst-affected areas include the settlements of Heilu, Kinisa, Buthye, Bori, Mansile, Illadu, Manyatta and Odda.

Traumatized

“The extent of displacement now and the indiscriminate targeting of the violence – women, children and older persons, any member of the [rival] community has been killed – have left people really traumatized,” said one humanitarian official, who asked not to be named.

“The fear is that between now and elections [we] will see displacement and returns, displacement and returns, with nothing really in balance. There won’t be much room for manoeuvre until some sort of political solution is agreed upon.

That seems very far away right now, from what we have seen,” he added. “It’s not easy to arrange peace meetings when the parties are so mistrustful and fearful of the other’s intentions. Willingness and commitment are not there at the moment, it seems. Willingness to cease hostilities has been very low. It’s quite tragic,” said the aid worker.

Education blow Education has been badly affected in Moyale, with 18 of the area’s 31 schools yet to reopen after the Christmas break and many school-age children among the displaced, either in Ethiopia or in makeshift camps.

Livestock trader Abduba Wario said his income had dried up because the town’s livestock market was closed and he had been unable to send his two daughters to school in the central Kenyan town of Meru.

“It’s risky, no trucks are available. I appeal to the government and NGOs to provide all school-children with transport and police escorts for learning in other parts of the country,” he said.

The state of education facilities serves as an important indicator of the wider security climate, according to the aid worker.

“Children returning to school is the first step in terms of reconciliation, a return to normality. If it is safe for children to go to school it is also safe for health workers and others to return to their posts,” he said.

Amid reports that leaders of warring communities have mobilized across the porous border, Kenyan security forces are working with those from Ethiopia. “We are liaising with our counterparts in Ethiopia to trace the fighters who fled when Kenyan security officers were deployed to quell the fight,” said a security official, who asked not to be named.

na-aw-am/mw[END]

This report online: http://www.irinnews.org/report.aspx?reportID=94789

Malaysia: Don’t Send Saudi Back

From: Yona Maro

(Washington, DC) – The Malaysian authorities should not send a Saudi citizen back to Saudi Arabia to face almost certain conviction and a death sentence on charges of apostasy, Human Rights Watch said today.

Hamza Kashgari fled Saudi Arabia to Malaysia on February 7, 2012, after a storm of outrage erupted over a fictitious conversation between him and the Prophet Muhammad that Kashgari published on his Twitter account. On February 8, an official Saudi religious body declared him to be an apostate for his writings. The body sets out authoritative Islamic law interpretations and although the clerics called for his trial, they also predetermined its outcome.

“Saudi clerics have already made up their up mind that Kashgari is an apostate who must face punishment,” said Christoph Wilcke, senior Middle East researcher at Human Rights Watch. “The Malaysian government should not be complicit in sealing Kashgari’s fate by sending him back.”

Kashgari was on his way to another country when security officials arrested him at Kuala Lumpur airport on February 9, his lawyer, Muhammad Afiq Muhammad Noor, told Human Rights Watch. A friend of Kashgari said he is being held at the Travel Control section in the Bukit Amin neighborhood.

The lawyer said that the police inspector general and the Home Affairs Ministry acknowledged receiving his documents seeking access to his client, but that they had not yet granted permission. The home affairs minister, Hishamuddin Hussein, on February 10, acknowledged that the authorities were holding Kashgari. The friend also said that officials for the United Nations refugee agency, UNHCR, have sought access to Kashgari but so far without success.

Malaysia does not have criminal apostasy laws and Kashgari has not violated Malaysian law, the lawyer said. He questioned the legality of Kashgari’s detention and any attempt to extradite him to Saudi Arabia. Malaysia and Saudi Arabia do not have an extradition treaty, Malaysian lawyers said, but it appears that Kashgari is being held based on a request from Saudi Arabia, which issued an arrest warrant for him.

Saudi Arabia does not have written criminal laws. Apostasy is not a clearly defined criminal offense, but it is one of about six so-called crimes against God (hadd, plural hudud) for which the Quran sets out specified punishments, including the death penalty. Saudi Arabia has sentenced and executed people for this offense.

In a separate case, on February 7, the government released Hadi Al Mutif, a member of the Ismaili religious minority in Najran, a southern province bordering Yemen, after he expressed remorse to chief mufti Abd al-‘Aziz Al al-Shaikh over alleged insults to the Prophet Muhammad.

Al Mutif was arrested in late 1993 and sentenced to death for apostasy in 1996 after a patently unfair trial and remained under the death sentence until his release. Al Mutif told Human Rights Watch in 2006 that secret police beat him and deprived him of sleep during interrogation and that at trial, a witness physically assaulted him.

“If Kashgari is not presumed innocent, he can hardly expect a fair trial if returned to Saudi Arabia,” Wilcke said. “Malaysia should save him from any travesties of justice and allow him to seek safety in a country of his choice.”


Karibu Jukwaa la www.mwanabidii.com
Pata nafasi mpya za Kazi www.kazibongo.blogspot.com

WHY POPE SHOULD FEAR FOR HIS LIFE

From: People For Peace
Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
FRIDAY, FEBRUARY 10, 2012

Although the Vatican has dismissed Pope Benedict XVI’s assassination threat document, the newspaper that published a confidential document dated December 30, 2011 which was apparently sent by retired Colombian cardinal Dario Castrillon Hoyos to the Vatican warning of unspecified plans to kill the pope, the fact that he has made many enemies since he became a pope is reason enough to fear for his life.

;
According to the document the Pope will die within a year. The sensational prediction was allegedly made by Cardinal Paolo Romeo, the archbishop of Palermo in Sicily, on a recent visit to China.

Cardinal Romeo reportedly made the startling prediction of the Pope’s death during a trip to China in November 2011. He seemed so sure of the fact that the people he spoke with, including Italian businessmen and Chinese representatives of the Catholic Church, were convinced that he was talking about an assassination attempt.

The report was written in German, apparently to limit the number of people within the Vatican who would understand it if it was inadvertently leaked. The story was broken on Friday by an Italian daily, Il Fatto Quotidiano, with the headline “Plot against the Pope – he will die within 12 months”.

“During his talks in China, Cardinal Romeo predicted the death of Benedict XVI within 12 months. His remarks were expressed with such certainty and resolution that the people he was speaking to thought, with a sense of alarm, that an attack on the Pope’s life was being planned,” the paper reported.

Cardinal Romeo also named Benedict’s XVI likely successor as Cardinal Angelo Scola, the archbishop of Milan – meaning the papacy would return to an Italian after the German Benedict and his Polish predecessor, John Paul II.

The most recent attempt on a pope’s life was in 1981 when John Paul II was shot and critically wounded in St Peter’s Square by Mehmet Ali Agca, a Turkish gunman with links to a shadowy militant group called the Grey Wolves.

It has been claimed that the assassination attempt was backed by the KGB and Bulgarian secret service, in retaliation for the pope’s support for the pro-democracy Solidarity movement in his native Poland and his opposition to Communism.

For Benedict, the immediate enemies are the victims of sexual abuse by Catholic priests who have accused him for cover ups. They have gone so far as to submit a formal complaint to the International Criminal Court (ICC).

According to the document filed by CCR, the pope, as head of the Catholic Church, is ultimately responsible for the sexual abuse of children by priests and for the cover-ups of that abuse.

The group argues that he and others have “direct and superior responsibility” for the crimes of those ranked below them, similar to a military chain of command.

The others named in the complaint are Angelo Sodano, dean of the College of Cardinals and former Vatican secretary of state; Cardinal Tarcissio Bertone, now secretary of state, who previously served at the Congregation for the Doctrine of the Faith (CDF), the organisation tasked with handling sexual abuse cases under the pope when he was Cardinal Ratzinger; and Cardinal William Lavada, head of the CDF, whose handling of previous sexual abuse cases has been criticised in the past.

According to Amnesty International Watch, the Holy See is obligated under international law to protect children’s human rights, ensure that perpetrators of child abuse are brought to justice and provide reparations to victims.

“The Holy See must ensure that Catholic Church officials cooperate with criminal investigations, open up records of its internal inquiries, and offer an apology and reparations to all survivors of abuse.”

Amnesty International also called on The Holy See to stop opposing the recognition of sexual and reproductive rights and to support women and men to exercise these rights free from coercion, discrimination and violence.

The organization wrote to Pope Benedict in June 2010 urging full compliance by the Holy See with its international obligations and seeking information on measures taken on this issue, but received no response

The Pope has also been accused of failing to act on accusations of abuse in previous roles as a cardinal in his native Germany, and in Rome. The Vatican has dismissed these claims as “unfounded insinuations”.

Pope’s former archdiocese acknowledged it transferred a suspected pedophile priest while Benedict was in charge and criticism is mounting over a 2001 Vatican directive he penned instructing bishops to keep abuse cases secret.

The revelations have put the spotlight on Benedict’s handling of abuse claims both when he was archbishop of Munich from 1977–1982 and then the prefect of the Vatican office that deals with such crimes — a position he held until his 2005 election as pope.

The Munich archdiocese admitted that it had allowed a priest suspected of having abused a child to return to pastoral work in the 1980s, while Benedict was archbishop. It stressed that the former Cardinal Joseph Ratzinger didn’t know about the transfer and that it had been decided by a lower-ranking official.

The Catholic Church in Germany has been shaken in recent days by revelations of a series of sexual abuse cases- Close to 100 priests and members of the laity have been suspected of abuse in recent years.

Sarandon, who won an Academy Award for her role in the 1995 anti-death penalty film “Dead Man Walking,” has also said she had sent a copy of the book on which the movie is based to the Pope.

“Susan Sarandon’s ignorance is willful: those who have hatred in their veins are not interested in the truth. The fact is that Joseph Ratzinger (the Pope) was conscripted at the age of 14 into the Hitler Youth, along with every other young German boy.

During much of the Nazi era, Joseph Ratzinger lived with his family in Traunstein, Germany, a small and staunchly Catholic town between Munich and Salzburg. During World War I there was a prisoner-of-war camp located here where, ironically, Adolf Hitler worked between December 1918 and March 1919. The town is located near the region of Austria which Hitler came from.

Resistance to the Nazis was dangerous and difficult, but not impossible. Elizabeth Lohner, a Traunstein resident whose brother-in-law was sent to Dachau as a conscientious objector, has been quoted as saying, “It was possible to resist, and those people set an example for others. The Ratzingers were young and had made a different choice.”

Joseph Ratzinger joined the Hitler Youth in 1941 when, according to him and his supporters, it became compulsory for all German boys. Millions of Germans were in a position similar to that of Joseph Ratzinger and his family.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel +254-7350-14559/+254-722-623-578
E-mail- ppa@africaonline.co.ke
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Website: www.peopleforpeaceafrica.org

USA: Detention statutes abuses

from: octimotor

The prospect for there to be political prisoners held in USA is a daunting one. Controversy arose concerning detention provisions contained inside the national defense authorization act, signed by the US president, late Dec. 2012.

Lest you believe those who say only external foes, not USA citizens need fear feeling the effects, look at the situation of Susan Lindauer, detained under the Patriot act, a US citizen.

– om-

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http://www.coasttocoastam.com/show/2012/02/11

Date: 02-11-12
Host: John B. Wells

Behind 9/11

In the first hour, former U.S. intelligence asset Susan Lindauer talked about how she gave advance warning about the 9/11 attack and became one of the first non-Arab Americans arrested under the Patriot Act.

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on Amazon dot com …

Extreme Prejudice: The Terrifying Story of the Patriot Act and the Cover Ups of 9/11 and Iraq [Paperback]
a book by Susan Lindauer

Editorial Reviews
About the Author
Former Congressional staffer Susan Lindauer performed as a U.S. Intelligence Asset covering Libya and Iraq at the United Nations, as a back channel on matters of anti-terrorism from 1993 to 2002. Most notoriously, in the summer of 2001, her team warned about a major terrorist attack involving airplane hijackings and a strike on the World Trade Center. Lindauer also campaigned heavily against the War in Iraq, and developed a comprehensive peace framework through her back-channel in the run up to War. This is the story of what happened when Lindauer tried to disclose the true facts of Iraqi Pre-War Intelligence and the 9/11 warning to Congress and the American people. It details the nightmare of her arrest on the Patriot Act and her imprisonment without a trial at the notorious Carswell Prison inside a Texas military base. EXTREME PREJUDICE is a true life spy thriller.

KENYA: MEMBERS OF THE PUBLIC WANT VETTING OF ALL INVOLVED IN THE JUSTICE SYSTEM AND DEMAND THAT THE PROCESS BE CONDUCTED IN PUBLIC.

By Dickens Wasonga

Members of the public in Kisumu who met the board which will be vetting magistrates and judges as from next month want court clerks, lawyers , state councils and police prosecutors also captured in the process.

Speaking during a sensitization workshop organized by the board at a Kisumu hotel most participants mainly drawn from the civil society said the corruption that has deep roots in the judiciary can only be tamed by vetting all those who are involved in the delivery of justice and should not therefore target the magistrates and judges alone.

Helga Kagumba , a human rights group crusader while addressing the board which was led by the vice chairman Mrs Roselyne Odede said cases are common where court clerks demand bribes while purporting that they are acting on behalf on magistrates or certain judges and any process that leaves them behind will not clean the judiciary as it should be.

She added that on many occasions cases are delayed unnecessarily or are dismissed by the judges or magistrates because the police prosecutors failed to call witnesses to testify in court after being compromised.

Majority of the participants who also included representatives from the LSK asked the board to consider carrying out the vetting process in public if the exercise expects to win public confidence.

There has been huge concerns from members of the public about the process with many people criticizing the idea of holding it in private saying doing so will be like hiding from the public scrutiny.

” Article 10 of the constitution is clear about the public participation on this process which is critical but the Act which created the board denies the public this chance and we doubt whether the board will achieve it desire to restore public confidence in the judiciary if they conduct its sessions in camera” said Kagumba.

However the vice chairman herself appeared to agree with the calls for the process to be done in public forums. She said even her team have been lobbying for the public participation where even the media is allowed to cover the proceedings live in order to give it more credibility in the eyes of the public.

” we are also of the idea as suggested by most people that we do not hold the vettings in a closed door type. We are concerned that if we do so, most Kenyans might think we have something to hide but we will be fair and give the country a credible team at the end of our mandate which is one year.” said Mrs. Odede.

Odede said in most of the places they have been to in the country since September last year when the board was established , most people have been raising the issue about the delay of cases , magistrates over staying in one station even for up to 7 years, prosecutors and state councils being accused of being involved in graft among other concerns that they would want to see addressed.’.

” We will do our best. We are an independent team and we have lobbied to have the process conducted in public and still believe there is room for that to happen. All it will require is for the AG to do miscellaneous amendments and the cabinet to approve it and it does not need parliament’s participation” said Odede.

The vice chairman also assured the magistrates and judges of a fair and just process devoid of witch hunting adding that the rule of natural justice will prevail and asked them not to panic.

Judges and Magistrates who will be adversely mentioned by any member of the public will be accorded the chance to cross examine them, she added.

There has been claims amongst those who are set to be vetted that the process may be hijacked by those who have a bone to pick with some members of the judiciary as away to to get them out. This has spread fear amongst the sitting magistrates and judges e\who may be victimised or wrongly accused but the team allayed fears of such.

” Unlike the Ringera team, we will not target anyone for whatever reason but if we get enough evidence about allegations made against you by members of the public upon investigations, then you will go and our rulings will be final” Said Odede.

Kenyans largely lost faith in the judicial system when it became apparent that corruption had become away of life amongst those charged with the role of dispensing justice and it became open secret that justice was for the highest bidder.

Cases of missing files where court clerks would hide court files especially on cases they had interest on became common. Other cases would pend for years on end with suspects remaining in remand for long just because those who are in the wheels of securing justice are corrupt.

Things turned so bad that even when the 2007 general election results were disputed, opposition leaders defied calls by their colleagues in government to file a petition in court.

Determined to restore confidence in the country’s judiciary, an ACT of parliament established the vetting board to help weed out those who were giving this important arm of government a bad name after a compromise was reached not to fire all members of the judiciary as earlier envisaged by many.

Currently the team is going round the country in a bid to meet the people and sensitize them about the mandate of the board.

According to the vice chairman, the team would also like the public to avail information that about any sitting magistrate or judge who may have been involved in miscarriage of justice.

Such information will be treated as confidential and those giving it would not be identified. However of identified the witnesses are assured of protection by the board. The witnesses are also asked to give only credible information.

Whatever information availed on corruption or any misconduct will be verified by the team before passing any verdict against those who have been accused.

Odede however suggested that while the process of vetting which will begin with the court of appeal judges, then to high court and later magistrates will be underway, LSK should also ensure they establish mechanism to get rid of its corrupt members amongst its ranks.

” While we will deal with the judges and magistrates, we have cases where some LSK members stand in the way of securing justice to victims. Cases where some lawyers are accused of running away with clients money are not unique and should be addressed as well.They too need to style up.” She added.

ENDS.

World: Threats in the Facebook must not be Tolerated

From: Judy Miriga

Folks,

There are threats going on in the Facebook and one such is here under.

These threats must stop and people must use all means to standup for justice.

Let no one be fooled. We are not going to let our lives go for slaughter houses…….however you look at it, the unscrupulous Corporate Special Interest cartels are after extinguishing and exterminating all of us for their greed and selfishness after Public Wealth and are set to kill Public Interest by all means…….

People of the world must stand against this inhuman, brutal, barbaric, monster type of intimidation…….let us all stand and speak in one voice as people of the world……that, this must stop and stop now…….

There is no Peace, Love or Unity in this kind of attitudinal greediness….

We must see God in each of our lives and stand together to protect the same…….Truth and Goodness is Godly and let us uphold that for the sake of Peace in Shared Sacrifice and United in Love…….

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – – – –

o Brian Aduda Onyango

Today I am appalled and amazed to inform my friends that there those who believe in intimidating others. Someone warned me politely not to comment on the current mess created by the Kibaki administration. Under Kibaki Kenya almost became a failed state,ICC came in to help the weak but to my disbelief,elements of doom still exist, that some secret police or agents will crack down on those who seek justice through comments in Facebook,or Social Media on ICC, can you believe this primitiveness? I told off this agent of doom that he will not cow him,not this time, not anymore, I will continue to update my wall with facts, truth and without fear so help me GOD!

Brian Aduda Onyango
Guilty or not guilty once on trial the two can not perform their duties as civil servants. Kibaki’s lame legacy in stumbles yet again to the dismay of the good people of Kenya. Surely he can even pretend to have sacked but call them at night to console them with love and hope. This lackluster and mediocre demeanor created a vacuum which was filled with mayhem and anarchy 2007. One particular mainstream media house appear ready to spin the current mess by justifying the president’s positon. This does not look good friends…….

Lillian Tichi Kebaya ?@Sydney Kiplagat-your comment is so wrong…and I know you know that.Shame.

12 hours ago ·

Juliah W Thandi Hully coz its very clear ur doing ths coz of him. I know u want uhuru 2 resign maybe he wil resign or not but where is our patience?

12 hours ago ·

Hully Okwanyo Juliah been patient since 2007…

12 hours ago ·

Juliah W Thandi N its kaming again soon coz yenu ni pang’ang’a tupu

12 hours ago ·

George Mbewa

?…@Brian, dont be cowed by these heifers for saying the truth… but be safe, they can do anything… Impunity still hangs on@ What’s up Juliah, your updates have been all about whining in the recent past… @Sydney Kiplagat, dont talk ab…out Nyayo chambers, you dont know how that memory hurts some of us whose parents and relatives were unconstitutionally tortured in their. And I’m sure you dont have the details of what happened in the chambers other than what you hear people say… But if you mean to hurt then go aheadSee More

12 hours ago ·

Sylvester Mboya Brian, did someone mention to the agent that you are a trained combatant in the air, on land and the (deep )seas? Hehe hehe They may perpetrate this impunity for a little longer but surely soon, they will be out. That’s when they will get the punishment they deserve.

12 hours ago ·

Di Ana ?@Julia n Sydney~~hey..we r in the 21st century.or d’u need yo noses to be pînçhed 2 remind you.eeish!shame indeed.

12 hours ago ·

Juliah W Thandi So what wakikuyu husema u cant go 2 pay dowry with ihii yaani kipii the uncircumcisd one n its applyng very well hia so take yo men 2 the river first n then kam n face the real men nkt!

12 hours ago ·

Chris Ndaxi Nzyoka hakuna kurudi nyuma tena!

12 hours ago ·

Di Ana Juliah~~çircumcisîon z no longer 4 particular cultures.if u knw wht i mean.and hw does it apply here anyway?we need mature talk.

12 hours ago ·

Jimmie M Musyimi Wow…

11 hours ago ·

David Letting Kiprono How else do we make them behave?

11 hours ago ·

Henry Opany Truth will prevail upon the evil.

11 hours ago ·

Thomas Nyalik

Juliah, It sis true that when the scatter brains are faced with issue that require brains they resort to petty insults, it is also true that if you had the chance to look at Brian’s manhood you will find that he is not uncircumcised and tha…t it is quite in the leagues of that are better than any you have ever had the chance to hold. We are talking about the people who try to stifle free speech and here you go with your cow dung. 90% of the people that you think are kihii’s are actually not.See More

11 hours ago ·

Thomas Nyalik Is it not my prerogative to be a Raila puppet, yes it is and so I am as far as politics go and I make no excuses for this.

11 hours ago ·

Emma Ochieng Juliah grow up n be sensitive with wat comes out of yua mouth ts like yua becoming personal which should not be the case.plse stay on the topic that Brian raised on his wall.

11 hours ago ·

Hully Okwanyo Juliah why couldn’t uhuru show his circumcised dick to eketrina and earn his freedom?? Or even ruto. This is so immature

11 hours ago ·

Rira O. Jay Ata hana haya,shame…

11 hours ago ·

Charles Ragot well oiled #!@&*machinery Working Out

11 hours ago ·

Abby Achieng Juliah u sound sooo immature grow up gal,dont be primitive, circumcision and politics are two different things , u soo bitter with uself i wonder why chunga usipate ulcers ati coz of RAO phobia.

11 hours ago ·

Joy Ayieko Johnson I always say cowards will die a 1000 times before their real deal. Let us speak the truth with boldness.

11 hours ago ·

Charles Ragot Patience please …… Lamentations5:7 our fathers sinned and no more and we bear their punishment.

11 hours ago ·

Sidney Kiplagat Sidney i will always be a kale even when it is 21st century……..i will never be a luo….nothing will change that fact so two impunities cannot make a right.

10 hours ago ·

Abiuth N Maronga

It is so disappointing that pple who look reasonable and educated can reduce themselves to petty thinkers by demeanor of other tribe by thinking they come from better tribes than others ! @juliah when innocent pple die, their graves cry for… justice! It is you and me who can speak for them. Its not a business of being raila or luo, its being a Kenya patriotic citizen. Pls for your respect you need to apologize to our brother brian!See More

10 hours ago ·

Odhiambo Odote Julia sanitize ua thanding mouth please,then use ua head properly and if you cant u can either be a ngoroko or a female mungiki if you want.I dont thikn you got anything to be disired in a woman.Simply shut up.

10 hours ago ·

Sidney Kiplagat Sidney

Odhiambo remove the log in ur eye first then….you will be able to help ur brother/sister…… Luos in Eld when into singing and jubilation when Rutos case was confirmed and not Kosgei….do yu think we are pleased for this scence…………..we can keep yu guyz in political oblivion forever using the so call new constitution. We wanted to bring to power Hon. PM…..alias God of the lake…but all we got out of it is scorn and Hague…….get it right our voting company will stop you forever.See More

10 hours ago ·

Emma Ochieng Don personolise ua issues on a mature mans wall.put up ua stupid arguments on yua own wall and let the stupid ones like yu comment.tribalism should be a thing of the past but it seems some of yu are still sinking in it.shame on yu

10 hours ago ·

Ruth Oloo

?Brian Aduda Onyango, i think its about time you block the likes of the juliaz and sidnyz, first of all the Luo dicks you complain about year in year out you are forever ON THEM AND THEM IN YOU! it means the services you get are MUCH better… and cant settle with one of your kind, secondly only fools can glorify nyayo chambers, my brother was just a university chap back in the 80s and his life has never been the same, UDWARO ADIKA NYAMIN ANEGA (Tafakari hayo) last and not the least why do i get the feeling you are the people behind the ‘AGENT’,dont send requests kuchimba watu, Brian WATCH OUT ! if you have nothing to say SHUT THE FUCK UP!See More

10 hours ago ·

Evans Machera This is the problem of living in denial and covering up,we called for the Hague process,lets go on.

10 hours ago ·

Odhiambo Odote

Dont think you need to ethnisiz the hague matters.Thats Eldoret and i do not see where a proper thinking kenya will begin calling others ‘your bro,sister luos,’.My sisters and brothers are kenyans not Luos alone,luos are just a small part o…f a big nation,Kenya.Stop bringing ua tribal panties into public,they look so ugly,am sure u need no mursik.You need the lashing of our sovereign constitution which you are violating.See More

10 hours ago ·

Kiprop Kiprotich This secret agent is known as NCIC. It is a permutation of ICC and Kenya’s CIC. NCIC is headed by a Patriot (Mzalendo). For how long will we continue to operate in fear?

10 hours ago ·

Millicent Okeyo Shame on you all those who think they re not Kenyans but belong to different tribes.SHAME ON YOU!

9 hours ago ·

Daniel Kip

?@sydney. I keep wondering what arguments you sphewing over here. I bet you keep it to yourself and wait for election later this year and cast out your anger on RAO and the Luos as you say. You will not vote him out alone as Kalenjin. Othe…r communities have totally different view of RAO and note that the village thinking that mojority of our Kalenjin people will not take us anywhere. Come out of the called WSR psycophancy syndrom. I am sorry am not anywhere close to that thinking.See More

9 hours ago ·

Lillian Tichi Kebaya ?@Daniel Kiplagat-God bless your soul,couldn’t have said it better:):)

8 hours ago ·

Nyangon Peter Hey i thought after 2007 kenyans grew up.what the heck is going on in kenya.men this is very petty,hope u people grow up or else at this rate u gona fight again

7 hours ago ·

Jacqueline Mamake Rays haiya!

7 hours ago ·

Abby Achieng Ruth oloo omg you made my day am hungry hahahahahaa uwiii ati the Luo dicks they complain about year in year out they are forever ON THEM AND THEM IN YOU! it means the services they get are MUCH better… and cant settle with one of y their kind, HAHAHAHAHAHA OOOH NIMECHEKA YANGU YOTE they better leave our luo men alone if that the case.

7 hours ago ·

Edward Odanga Let me like this, agents am reacheable. IDP’s ni wetu and we pretend hatujui kama they exist. Spending chunks of cash to http://www.standardmedia.co.ke/InsidePage.php?id=2000050736&cid=4&

6 hours ago ·

Douglas Joseph Adera Brian,the truth will out ,its just a matter of time,i love history comes back to haunt you,as kina kiplagat of TJRC

6 hours ago ·

Thomas Nyalik

Sidney- I like the fact that you can put in your two cents without ridicule and the fact that you own the m even if they might be skewed in the eyes of many in here. So let me also give you my two cents; two wrongs have never made a right t…hat is why human beings through a lot of pain, patience and time have tried through civilization to have a justice system. So, I implore the sane and rational part of you to see this as mans pursuit for justice, and just that, for both the suspects and the culprits. As far as the ones who celebrated, my two cents is they may have had reasons to celebrate however skewed that was and just like you have the exulted right to do so I think that they also do. As far as votes go, I have already stated that I am RAO supporter and will not make excuses for this and I will and is with you on the fact that you “will” find the reason to give your support if sober mindedness will prevail. I will, however, say this, I have very valid reasons for lending my support to my preferred candidate. Kosgey is also a Kale, the last time I cheked.See More

4 hours ago ·

Washington Ogaga

You guys should hold your horses about this Juliah woman,we screw these mumbi girls alot and they love kihii.Now we must encourage Brian to highlight these important issues affecting our banana republic.Brian im with you on the same platfor…m we’ve come from far and day s of impunity are about to end with the big hammer.Lets preach peace, saw seeds of love in the house of mumbi to help them out and use the power of our votes to speak.See More

4 hours ago · LikeUnlike ·

Brian Aduda Onyango Prophets of doom got it all wrong. My spine is tough like Iron steel, I confronted this agent of doom and it appears this lone agent scare tactics fell flat, he actually apologized. I will not be cowed friends,no no not me.

3 hours ago · LikeUnlike ·

Qiana Nelly Ondiaka

?@ Sidney Kiplagat Sidney: FYI, Moi is retired, Nyayo Chambers is a historical monument & Kenyans are the most politically free to say anything in Africa.If by any chance you are still fossilised in that era, wake up & smell the coffee coz …it is 2012.What did i want to say?Oh, can someone give a reference book or medical journal where it biologically states that the presecence of a foreskin on a grown man’s pendulum incapacitates his mental capacity to think, lead and work.Who are the authors?Some loosers are actually ‘cut’. Am waiting, i need to catch up. FREE KENYA!See More

2 hours ago · LikeUnlike ·

Samuel Otieno Be as strong as always brother n let no one cow u

2 hours ago ·

Phestus Mangicho Let us not be emotional great ladies and honorable gentlemen, we lost the old and young ones at kiamba,some didn’t even know that they were kikuyus but they had to die for the offence of being born of kikuyu parents.

about an hour ago · LikeUnlike ·

Phestus Mangicho

Let us not be emotional great ladies and honorable gentlemen, we lost the old and the young at kiambaa, some were too young to know their tribe leave alone to vote, why because they were brought to this world by kikuyu parents, if Ruto was …involved in this he needs to be in jail yesterday. People were burnt alive in Naivasha and if Kibaki Uhuru and Mudhaura organised this then Uhuru and Mudhaura need to be with Ruto and then Kibaki to follow them next year. Its quite unfortunate that some are tribalising these realities while actually some pple are still in the IDP camps. I cry for my country Kenya if we shall continue to reason and expose to the world that we only boxes full of mursik between our ears like @ sydney kiplagat.See More

about an hour ago · LikeUnlike ·

Judy Miriga Aduda, thanks for standing for the truth and justice. The Truth shall set us free indeed……We will keep vigil in Prayer…….God is in control……Cheers !

about an hour ago · LikeUnlike

Antony Odera Your comments are always spot on Byro,continue with the fight man

about an hour ago ·

Asu Mwasi Very soon impunity wil end,in the name of jesus christ.

13 minutes ago ·

Lucy Kamau Everybody for themselves. The lone wolf, thinking only about his survival & his stomach. Is he more qualified in Law matters than all the heads of our learned friends put together?. He cannot believe that his milking cow is old & weak & he can no longer continue milking. Add Moi’s 24 years to Kibaki’s 10 = Total years 34 very good years of milk & honey is about to come to an end & its too much for him to accept. He would rather dye fighting.

21 minutes ago · LikeUnlike

Usa: Public Eye Group ; Sign The Petition Below Please Say No Don’t Miss

from PubliceyeT

When the Senate comes back into session next week, they’ll be voting on whether to grant themselves the power to turn off parts of the Internet. Fun sites you YouTube. Informative sites like Wikipedia. Political sites like MoveOn.org.

If enacted, new laws would force Internet Service Providers to block websites that any corporation suspects violates a copyright or suspects doesn’t monitor it’s users’ content close enough for copyrighted materials. That means that any website, foreign or based in the U.S., could be wiped out on suspicion and made unavailable to everyone in the world.

The Senate must reject the Internet Censorship Act. Sign this petition and spread the word.

http://pol.moveon.org/nointernetcensorship/?r_by=34876-17383422-lEquSTx&rc=nointernetcensorship.confemail.g1

USA: warnings as US congress contemplates curbs on Inet content

from: Octimotor

Google dot com main page, at logo of the day for search line, contained warning, and link to a online petition.

At issue, is that in Usa, 2 houses of Congress, there now are bills which would place regulations upon internet to enforce content restriction. The stated purpose is to crack down on sharing of copyrighted works.

My own conclusion is to agree with those who hold that to be a bad idea.

Below appears a copy / paste from the text of that on-line petition to be presented to the US Congress in oposition to the presently proposed bills.

– om –

– – – – – – – – – –

CONGRESS,

CAN YOU HEAR US? Two bills before Congress, known as the Protect IP Act (PIPA) in the Senate and the Stop Online Piracy Act (SOPA) in the House, are meant to stop online piracy but would censor the Web and impose harmful regulations on American businesses.Experts agree that there are better ways to shut down pirate websites than asking US companies to censor the Web. Join the groundswell of experts, organizations and people from all parts of America united in their opposition to SOP A and PIPA. Tell Congress not to censor the Web and not to cripple our innovation economy

Sources: Infojustice.org, Protect Innovation, Engine Advocacy, Center for Democracy and Technology, White House We the People Petition,

Congresswoman Zoe Lofgren, Wikipedia, Stop American Censorship, Avaaz © Copyright 2011. All company names may be trademarks of the respective companies with which they are associated.

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.”

Tutumie habari +255786 806028 au oldmoshi@gmail.com

Kujiondoa Tuma Email kwenda

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

Tutumie habari +255786 806028 au oldmoshi@gmail.com

USA, OH: UPDATE: Temporary Commissioner, Bill Peelle…

from Chuck Watts (via Google+)

UPDATE: Temporary Commissioner, Bill Peelle, with a little more legal research, discovered he didn’t have to recuse himself afterall, and has seconded the “transit-for-all” resolution focusing on bike trails and federal grants. Not only that, he and Commissioner Mike Curry, occupied compassion and actually voted it in. Hip Hip Hooray.

– – – – – – – – – – –

by Chuck Watts – .

In Response to the Facebook group I Love Wilmington, Ohio,

Trails – Call to Action! .

An Open Letter to Pat Haley, County Commissioner
.
Dear Pat,
.
What do the following five items have in common with bike trail grants?

Healthcare human rights
Ethical business
Clean elections
Healthy foods
Transit-For-All

[ . . . ]
Posted on January 30, 2012

http://empathysurplus.com/2012/01/30/an-open-letter-to-pat-haley-county-commissioner/

read full article;

USA & World: The Logic of Occupy Compassion

From: Chuck Watts

Greetings, progressive friends,

Thank you for our lively debate last night at the Progressive Happy Hour concerning the theme of my primary participation. If we are to win in the 21st century, it is important to embrace the latest insights of the brain on political discourse. “Political framing IS applied cognitive science,” according to Dr. George Lakoff.

Here is an article by my consultant, Joe Brewer, that outlines the cognitive argument for using Occupy Compassion for the theme of my participation in the 2012 primary process.

Many of you (most of you?) are rejecting Occupy Compassion because it makes no gramatical sense and therefore cheapens my efforts and makes them ineffectual and calls into question your own participation with me. Mary Tom believes I have abandoned the need for good grammar or good word smithing, something she can offer, which saddens her deeply. My dilemma is wanting to use our mother tongue well AND apply cognitive science well. You lobbied very hard last night at the Progressive Happy Hour that I must add the word “with” to the above poster. I have tentatively asked my designer to add with in extremely small way using a very thin font to that it cannot be seen unless standing very close to the poster.

Cynthia, please send me both options, i.e. using with and not using with.

I offer this as a compromise and am copying my consultant for his views of this compromise. Meanwhile, I hope you will read Brewer’s article and offer any insights of its efficacy on your feeling better about the use of Occupy Compassion without a “with.”

A quote from the article that is pertinent to my theme’s cognitive correctness versus its gramatical correctness is:

– “Yet we may not be aware that it makes sense to us as a kind of spatial logic, built on the conceptual metaphor of An Emotion Is A Spatial Container.”

Also, concerning several of you pointing out that occupation is a military term and therefore unwanted, Brewer speaks to the cognitive reason why occupation is such a powerful and positive word. Here’s another excerpt:

– “Note how the logic of occupation is profoundly different from that of war:

– During an occupation the use of military tactics to resolve issues tends to fail. Diplomacy and political solutions are what is needed to resolve conflict;

– During an occupation the death of civilians is an unacceptable loss of innocent lives. Civilian deaths are seen as unavoidable “collateral damage” during a war;

– During an occupation the role of politicians is to be humanitarian leaders, elevating human security in the region impacted by conflict. Politicians become military leaders during times of war and often seek consolidation of war powers that restrict civil liberties at home and abroad.”

Brewer speaks to both Occupy frames, that includes 99%, and acknowledges its evocative power. He also goes on to say more about the Occupy frame, which I have chosen to use during this primary process.

– “The power of the Occupy frame is two-fold: (1) It is a verb that represents action taken by one who has power to influence the world, and (2) it demarcates an abstract spatial location that is scalable. The significance of the first feature should be clear — to feel one’s personal empowerment by taking action and claiming a space is deeply moving. One who can stake a claim to space has power. And that power gives them a sense of control over their destiny. This is the underlying motivator for collective action that has captured the imaginations (and bodies!) of protestors around the world, from Tahrir Square to Zuccoti Park.”

– “The second feature is what allowed OWS to go viral and spread across the globe. The demarcation of abstract space, when overlaid on top of real-world physical locations, is a recipe for unconstrained growth. More simply, it is the act of claiming a space that offers a feeling of empowerment. While one physical location was claimed in a New York City Park, the concept of occupation could be generically applied to all physical spaces. This is why protestors in other cities were inclined to claim the OWS brand and stake out their own turf. And, just as the emotional experience of despair is conceptualized as an abstract space, the Occupy frame allows anyone and everyone to claim cultural turf by occupying democracy, love, citizenship, compassion, freedom, politics, and more.”

Finally, Brewer offers seven actions progressives can do to take advantage of the occupy frames to frame our future debate in our parties. Also, my intent is to incite debate about compassion / empathy as the core value of any thing good that can come from public government. I truly believe that debate started last night and continues.

Caring citizens communicating American values are the solution to expanding liberty and justice for all,
Chuck Watts, Founder
Empathy Surplus Project http://empathysurplus.com
Empathy Surplus Project Twitter Page
Empathy Surplus Project Facebook Page
Empathy Surplus Project Google+ Page
Empathy Surplus Project Compassionate Action Network Page

We The People White House Petition – Moral Measurement Tool of Economy; Create a petition; https://wwws.whitehouse.gov/petitions/%21/petition/create-moral-measurement-tool-our-economy-gpi-genuine-progress-indicator-adopted-recently-maryland/RBm0kWh9?utm_source=wh.gov&utm_medium=shorturl&utm_campaign=shorturl

Congo: Elections, Democracy and The Diaspora Awakening

From: Judy Miriga

Folks,

I forward this email for information and action.

Congo people are thirsty and are in dire need for Democratic Rulership For the People and By the People….

Foreign Special Interest is deeply rooted and is conflicting with public interest, the reason why Congolese are paraded for slaughter houses whenever they request for democratic rights. It is sad that Abuse, Violation and Crime against Humanity is toll-order in Congo. This must stop urgently……

We demand that leaders of the world pay attention to the pool of blood and livelihood of Congolese flowing down the drain because of corruption and impunity and for the Special Interests “Intellectual Property Thieving” where Diamond, Gold and other Land & Natural Resource Industries for Special Interest are making illegal, corrupt and unconstitutional profits with modern-day pathetic slavery situation in Congo. Since Lumumba time, Congolese have been turned to special animals for slaughter by Special Interest Corporate Business Community who do not care for human rights. They invade and plunder mercilessly without due care because of greed for illegal wealth…….

This endless Pain and Suffering in Congo must end now and we demand true justice with Democratic Governance leadership be given a chance where support by all Leaders of the world must step in and come handy…….

I on behalf of the voiceless and many disadvantaged, join hands with friends of Congo call for Africans and Diaspora from all parts of the world to an Awakening intervention in Congo…….We also call on all good people of the world to stand together with Congolese and loud voices to call for this endless brutality of the Special Interest.

This matter cannot be left in the hands of Special Interest who have Special Interest to resolve and protect in Congo……….drinking from the pool of blood, poor souls and lives of vulnerable Congolese……….This is the reason why Lumumba was killed. We must not allow for another repeat. It is selfish, wicked and evil………It must be condemned by all good people of the world and we must unite to save perishing lives.

I call urgently and appeal to President Obama to take a lead on world leaders to intervene and help resolve this bad standoff so order can settle in Congo over this election skirmishes which is now leading to a blast of Civil War……..

I look forward to a quick and greater response which will bring peaceful conclusive resolve.

May God Bless us all,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – – – –

— On Thu, 12/29/11, Friends of the Congo wrote:

Congo: Elections, Democracy and The Diaspora Awakening

The November 28th Presidential and legislative elections were fraught with tremendous irregularities and widespread charges of fraud. The National Independent Electoral Commission (CENI in French) announced on December 8th that Joseph Kabila won the elections with 49 percent of the vote and long-time opposition, Etienne Tshisekedi garnered 32 percent.

The Supreme Court validated the results published by CENI and dismissed a challenge to the results by the opposition, led by presidential candidate Vital Kamerhe. The opposition categorically rejected the results as fraudulent. Nonetheless, Joseph Kabila was sworn into office on Tuesday, December 20th, where only one head of state (Robert Mugabe of Zimbabwe) attended although 12 other African heads of states were expected to attend. Ambassadors from foreign nations, including the United States, were present for Kabila’s swearing-in.

Rejecting the results, Etienne Tshisekedi announced that he would have his own swearing-in among the people at the 80,000 capacity Martyrs Stadium on Friday, December 23rd. Being under virtual house arrest, Tshisekedi was confined to his residence by the Kabila regime. The government also prevented the population from entering the stadium with a heavy show of force from the police, armed forces, and presidential guard. The regime blocked routes leading to the stadium with heavy tanks and artillery. Instead of a swearing-in at the stadium in front of a large audience, Etienne Tshisekedi had to perform the ceremony at home in his garden. In addition to domestic pressure, the government is experiencing intense international pressure; the European Union has said it will re-evaluate its cooperation with the DRC and make judgments based on how the political crisis unfolds and Mme Christine Lagarde, head of the International Monetary Fund said she is following the situation in the Congo with a particular focus on the rule of law and the political climate, especially the pre and post-electoral periods.

The Democratic Republic of Congo (DRC) is at a critical juncture in its tenuous march towards peace and stability. The Kabila regime suffers from a severe crisis of legitimacy and the future of the democratic project is in the balance. Stability will be fleeting without legitimacy. What is at stake in the Congo is not merely an election but respect for the will of a people and the future of democracy in the heart of Africa.

The Carter Center said the Presidential results announced by the CENI “lacked credibility,” while the Archbishop of Kinshasa, Cardinal Laurent Monsengwo, said that the results announced by the CENI reflects “neither the truth nor justice.” The European Union chimed in, noting that the process evinced a lack of transparency, with its missing polling stations and lost results totaling an estimated 1.6 million votes. South Africa noted that the elections were “generally OK,” while the Southern African Development Community (SADC) and the African Union (AU) found little wrong with the elections. Nonetheless, the CENI has ceased the counting of the legislative results and invited an international technical team from the United States and England to help with the counting of the legislative results, which are expected to be announced by January 13th – a constitutional deadline that will be difficult to meet.

Congolese in the diaspora have responded with universal outrage and have taken to the streets throughout the globe. Demonstrations have occurred in London, Brussels, Paris, Berlin, Rome, Johannesburg, Tel Aviv, Toronto, Montreal, Ottawa, New York, Washington and numerous other cities around the world. The central demand of the demonstrations is that the will of the Congolese people be respected. Click here to see videos of Congolese demonstrations!

Due to greater access to information combined with the freedom to express themselves, Congolese in the Diaspora have voiced the frustrations and concerns of their countrymen and women. The Congolese population inside the country has been under a military clamp-down with tanks in the streets, omnipresent security forces, SMS shut down (a major tool of communication for Congolese), and opposition television shuttered. Moreover, the Kabila regime has already demonstrated a willingness to use its armed and security forces to fire on unarmed civilians (see Human Rights Watch Report) and round-up and disappear civilians (see Amnesty International and Voix Sans Voix Statement).

The best option to rescue the country from a descent into a deeper crisis is the activation of a national mediation mechanism supported by the international community (Southern African Development Community (SADC), African Union (AU), European Union, United Nations and United States). However, political will on the part of the political class to prioritize the people’s interests over partisan interests is a necessary prerequisite for this option to be successful.

Continue to take action and support Congo’s pursuit of democracy:

“Our offices have gotten quite a bit of input from the Congolese Community in the US for which we are grateful.” U.S. Senator Christopher Coons

1. Contact key world leaders and demand that they refrain from recognizing Joseph Kabila as President of the DRC.

2. Demand that the technical team from the United States and England assess both the legislative and presidential results.

3. Participate in teach-ins to learn about what is at stake in the Congo and the nature of Congo’s democratic movement. (Click here for comprehensive list of actions!)

On January 17, 2012, the 51st anniversary of the assassination of Patrice Lumumba, Friends of the Congo and its allies will join in solidarity with the Congolese people by organizing a rally, teach-in and Lumumba Commemoration in Washington, DC and New York City. We call on our supporters and people of goodwill throughout the globe to join in solidarity with the people of the Congo as they continue the over 125 year pursuit to control and determine their own affairs.

Stay abreast of the latest developments on the elections by visiting our elections corner or follow us on Facebook or Twitter for regular updates.

Remember to support the work of Friends of the Congo!

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.”


Kuchangia Wahanga wa Mvua DSM +255786 806028 Kwa Airtel Money na +255767806028 kwa Mpesa

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: WHY CRUCIFY HASSAN FOR THE OBVIOUS?

From: ouko joachim omolo
Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
BONDO-SIAYA COUNTY
THURSDAY, DECEMBER 15, 20111

Dr Mzalendo Kibunja, the National Cohesion and Integration Commission (NCIC) chairman is taking Kenya back to dark ages during Jomo Kenyatta and dictator arap Moi regimes where fear was the order of the day resulting into a culture of fear in national life.

Kibunja is proposing that Facebook and Twitter users in Kenya who post material passing as hate speech and incitement to violence could be arrested and charged in court of law.

Such laws cannot be allowed in Kenya that is why in 2003 when the US tried to force Kenya to pass the Anti-Terrorism Bill aimed at combating terrorism in the East African nation it was opposed by parliamentary committee.

Their decision coincided with hundreds of protestors taking to the streets of the Kenyan capital, Nairobi, to voice their opposition to the Suppression of Terrorism Bill. A statement from the Administration of Justice and Legal Affairs Committee said that the proposed bill “threatens to tear apart the very fabric of one nation and could offer fertile ground for inter-religious animosity and suspicion”.

The bill would allow the police to arrest and search property without authority from the courts, and allows investigators to detain suspected terrorists for 36 hours without allowing them contact to the outside world.

The bill had generated heated public debate and strong criticism, with the main opposition party, Kenya Africa National Union (Kanu) and a number of MPs from the ruling Narc coalition describing it as foreign and unworkable in Kenya.

Legal experts and human rights groups in Kenya dismissed the bill as an absurd imitation of the US Patriot Act 2001, the South African Terrorism Bill 2002 and Britain’s Anti-Terrorism, Crime and Security Act 2001.

Dr Kibunjia proposed that he would work with the police on monitoring materials posted on Facebook and Twitter by individuals and organisations.

Although according to Kibunja the monitoring would be intense as Kenya approach the next general election, much of the post-election violence was over land disputes between rival ethnic groups, and unless the constitution would set up a land commission to manage public and community land, post election violence is there to stay in Kenya.

According to Kibunja the Commission was not only working with CID officers from the cyber crime unit on the matter and that the Communications Commission of Kenya (CCK) and other stakeholders would also be involved but also they have already written to owners of facebook asking them to cooperate with NCIC in handling the issue to the extent of shutting down some of the accounts operated.

Dr Kibunja has already tested his proposition on the human rights commissioner Hassan Omar’s recent published article which he claims is laced with incitement, tribalism and hate speech.

The article, titled “What do Kibaki men know or what are they planning” and which was published on November 27 in the Sunday Standard, has sparked sharp reactions from members of the Kikuyu community who claim that the rights crusader is unfairly targeting their community.

By Kibaki men Hassan refers to tribal and regional appointments where Muchemi Wanjuki is appointed as Solicitor General, Deputy Solicitor General, Muthoni Kimani, Registrar of Political Parties Lucy Ndung’u, Deputy registrar-general, F M Ng’ang’a, and Registrar General Bernice Gachegu.

In Internal Security Permanent secretary, Mra Kimemia is from Kibaki ethnic community, others include CID Director – Ndegwa Muhoro, AP Commandant – K. Mbugua, Commissioner of Police Matthew Iteere, GSU boss Munga Nyale, Police spokesman Eric Kiraithe, NSC – Peace and Conflict Management Mr. S.K. Maina, Government Printer: Andrew Rukaria, and Senior Director Administration/Internal Security: E. Mutea.

Hassan is also opposed to the appointments of the Finance Ministry where Minister is Uhuru Muigai Kenyatta is from his ethnic group, Permanent Secretary – Joseph Kinyua -Pensions secretary – Anne Mugo, ERD director – Kenneth Mwangi D/Finance secretary – Mwirichia, Controller and Auditor – General; Priscilla Njeri Komora.

Others include Governor of the Central Bank of Kenya, Prof. Ndungu, Dep. Governor – John Gikonyo, Kenya Revenue Authority Commissioner General; Michael Waweru, Board Secretary: Mrs Ngang’a, Senior Deputy Commissioner, Investigation and Enforcement: Mr Joseph Nduati, Deputy Commissioner, Investigation and Enforcement: Mr Namu Nguru, Deputy Commissioner, Administration: Mr Karimi and Deputy Commissioner Procurement: Ms Murichu.

Commissioner for customs services: Mrs. Wambui Namu, Senior Deputy Commissioner (Customs): Ms Githinji, Deputy Commissioner, Finance- Ms Wachira, Commissioner Domestic Taxes (LTO)-Mr Njiraini, Deputy Commissioner: Mrs Mwangi, Senior Deputy Commissioner, Finance: Mrs King’ori. Senior Assistant Commissioner, Security: Major Kariuki, Senior Deputy Commissioner, Southern Region: Wagachira and Commissioner of Investigation and Enforcement; Joseph Nduati.

Kenya Airports Authority MD, Stephen Gichuki, General Manager Finance; John Thumbi, General Manager Marketing and Business Development; Lucy Mbugua, General Manager Information and Communication, Technology; Anthony Wachira, General Manager Security Services; Stanley Mutungi, Head of Corporate Communications / PA to the MD: Dominic Ngigi, Head of Procurement and Logistics: Allan Muturi.

Kenya Ports Authority, Gichiri Ndua- MD, in the Ministry of Industrialization: Assistant Minister: Nderitu Muriithi, Chairman of the National Standards Council, Karanja Thiong’o, Permanent Secretary, Karanja Kibicho, Chairman of the Board: Eng. Geoffrey Ng’ang’a Mang’uriu.

Kenya Power and Lighting Company (KPLC)- Managing Director and Chief Executive Officer; Joseph K Njoroge, Company Secretary; Laurencia K Njagi, Chief Manager, Energy Transmission; Sammy Muita Chief Manager, Commercial Services; Rosemary K Gitonga, Chief Manager, Distribution; Benson Muriithi, Chief Manager, Planning, Research and Performance Monitoring; Eng. Raphael Mwaura.

Kenya Petroleum Refineries: General Manager: John Mruttu, Finance Manager: Reuben Ndinya, Human Resource Manager: Martin Wahome and Engineering Manager: Charles Nguyai.

Tribalism according to Hassan cannibalises our society and we must fight it at all coast. The Kibaki regime he says exploits this state of affairs. That is why to deal with ethnicity, a sustained, courageous, open, and painful discussion must ensue with firm and decisive interventions.

Despite the fact that Kibaki knows clearly that the above mentioned positions are taken by people from his ethnic community and region, he was not a shamed yet again to recently appoint Chief of Defence Forces, General Julius Karangi, the Commandant of the Administration Police, Kinuthia Mbugua, the Director General of the National Security Intelligence Service Michael Gichangi, the Director of the Criminal Investigations Department Ndegwa Muhoro are all Kikuyu community.

Although the Police Commissioner Mathew Iteere is a Meru, the fact that he comes from his region makes it ethnical. Hassan argues that even though article 241 (4) of the Constitution expressly states the composition of the command of the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya, Kibaki’s act is against both the spirit and letter of the new Constitution.

To express this concern therefore, according to Hassan is neither hate speech nor advocating tribalism. That is why the demand by Sports Assistant minister Kabando wa Kabando, his Public works counterpart Mwangi Kiunjuri and MPs Jeremiah Kioni (Ndaragwa) and John Mututho of Naivasha that he should resign is uncalled for.

The MPs all from the Kikuyu community claimed that Omar authored an article which was published in the Sunday Standard last weekend which they said bordered on hate speech and incitements against their Kikuyu community.

The Kikuyu law makers, who were speaking at Parliament Buildings, said such articles and other inflammatory remarks by various leaders led to the 2007/08 post election violence that left over 1,300 Kenyans dead.

It is against the background that MP Wilfred Machage and co-accused for hate speech were set free. During their campaign against the draft constitution, they were widely quoted as saying that some communities in the volatile Rift Valley could be evicted if it is passed in a referendum on 4 August 2010.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya

Tel +254-7350-14559/+254-722-623-578
E-mail- ppa@africaonline.co.ke
omolo.ouko@gmail.com
Website: www.peopleforpeaceafrica.org

World: Hillary Rodham Clinton Remarks in Recognition of International Human Rights Day 2011

From: Yona Maro

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– – – – – – – – – – –

Good evening, and let me express my deep honor and pleasure at being here. I want to thank Director General Tokayev and Ms. Wyden along with other ministers, ambassadors, excellencies, and UN partners. This weekend, we will celebrate Human Rights Day, the anniversary of one of the great accomplishments of the last century.
Beginning in 1947, delegates from six continents devoted themselves to drafting a declaration that would enshrine the fundamental rights and freedoms of people everywhere. In the aftermath of World War II, many nations pressed for a statement of this kind to help ensure that we would prevent future atrocities and protect the inherent humanity and dignity of all people. And so the delegates went to work. They discussed, they wrote, they revisited, revised, rewrote, for thousands of hours. And they incorporated suggestions and revisions from governments, organizations, and individuals around the world.

At three o’clock in the morning on December 10th, 1948, after nearly two years of drafting and one last long night of debate, the president of the UN General Assembly called for a vote on the final text. Forty-eight nations voted in favor; eight abstained; none dissented. And the Universal Declaration of Human Rights was adopted. It proclaims a simple, powerful idea: All human beings are born free and equal in dignity and rights. And with the declaration, it was made clear that rights are not conferred by government; they are the birthright of all people. It does not matter what country we live in, who our leaders are, or even who we are. Because we are human, we therefore have rights. And because we have rights, governments are bound to protect them.

In the 63 years since the declaration was adopted, many nations have made great progress in making human rights a human reality. Step by step, barriers that once prevented people from enjoying the full measure of liberty, the full experience of dignity, and the full benefits of humanity have fallen away. In many places, racist laws have been repealed, legal and social practices that relegated women to second-class status have been abolished, the ability of religious minorities to practice their faith freely has been secured.

In most cases, this progress was not easily won. People fought and organized and campaigned in public squares and private spaces to change not only laws, but hearts and minds. And thanks to that work of generations, for millions of individuals whose lives were once narrowed by injustice, they are now able to live more freely and to participate more fully in the political, economic, and social lives of their communities.

Now, there is still, as you all know, much more to be done to secure that commitment, that reality, and progress for all people. Today, I want to talk about the work we have left to do to protect one group of people whose human rights are still denied in too many parts of the world today. In many ways, they are an invisible minority. They are arrested, beaten, terrorized, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way or, too often, even join in the abuse. They are denied opportunities to work and learn, driven from their homes and countries, and forced to suppress or deny who they are to protect themselves from harm.

I am talking about gay, lesbian, bisexual, and transgender people, human beings born free and given bestowed equality and dignity, who have a right to claim that, which is now one of the remaining human rights challenges of our time. I speak about this subject knowing that my own country’s record on human rights for gay people is far from perfect. Until 2003, it was still a crime in parts of our country. Many LGBT Americans have endured violence and harassment in their own lives, and for some, including many young people, bullying and exclusion are daily experiences. So we, like all nations, have more work to do to protect human rights at home.

Now, raising this issue, I know, is sensitive for many people and that the obstacles standing in the way of protecting the human rights of LGBT people rest on deeply held personal, political, cultural, and religious beliefs. So I come here before you with respect, understanding, and humility. Even though progress on this front is not easy, we cannot delay acting. So in that spirit, I want to talk about the difficult and important issues we must address together to reach a global consensus that recognizes the human rights of LGBT citizens everywhere.

The first issue goes to the heart of the matter. Some have suggested that gay rights and human rights are separate and distinct; but, in fact, they are one and the same. Now, of course, 60 years ago, the governments that drafted and passed the Universal Declaration of Human Rights were not thinking about how it applied to the LGBT community. They also weren’t thinking about how it applied to indigenous people or children or people with disabilities or other marginalized groups. Yet in the past 60 years, we have come to recognize that members of these groups are entitled to the full measure of dignity and rights, because, like all people, they share a common humanity.

This recognition did not occur all at once. It evolved over time. And as it did, we understood that we were honoring rights that people always had, rather than creating new or special rights for them. Like being a woman, like being a racial, religious, tribal, or ethnic minority, being LGBT does not make you less human. And that is why gay rights are human rights, and human rights are gay rights.

It is violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave. It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished. It is a violation of human rights when lesbian or transgendered women are subjected to so-called corrective rape, or forcibly subjected to hormone treatments, or when people are murdered after public calls for violence toward gays, or when they are forced to flee their nations and seek asylum in other lands to save their lives. And it is a violation of human rights when life-saving care is withheld from people because they are gay, or equal access to justice is denied to people because they are gay, or public spaces are out of bounds to people because they are gay. No matter what we look like, where we come from, or who we are, we are all equally entitled to our human rights and dignity.

The second issue is a question of whether homosexuality arises from a particular part of the world. Some seem to believe it is a Western phenomenon, and therefore people outside the West have grounds to reject it. Well, in reality, gay people are born into and belong to every society in the world. They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbors.

Being gay is not a Western invention; it is a human reality. And protecting the human rights of all people, gay or straight, is not something that only Western governments do. South Africa’s constitution, written in the aftermath of Apartheid, protects the equality of all citizens, including gay people. In Colombia and Argentina, the rights of gays are also legally protected. In Nepal, the supreme court has ruled that equal rights apply to LGBT citizens. The Government of Mongolia has committed to pursue new legislation that will tackle anti-gay discrimination.

Now, some worry that protecting the human rights of the LGBT community is a luxury that only wealthy nations can afford. But in fact, in all countries, there are costs to not protecting these rights, in both gay and straight lives lost to disease and violence, and the silencing of voices and views that would strengthen communities, in ideas never pursued by entrepreneurs who happen to be gay. Costs are incurred whenever any group is treated as lesser or the other, whether they are women, racial, or religious minorities, or the LGBT. Former President Mogae of Botswana pointed out recently that for as long as LGBT people are kept in the shadows, there cannot be an effective public health program to tackle HIV and AIDS. Well, that holds true for other challenges as well.

The third, and perhaps most challenging, issue arises when people cite religious or cultural values as a reason to violate or not to protect the human rights of LGBT citizens. This is not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation. Some people still defend those practices as part of a cultural tradition. But violence toward women isn’t cultural; it’s criminal. Likewise with slavery, what was once justified as sanctioned by God is now properly reviled as an unconscionable violation of human rights.

In each of these cases, we came to learn that no practice or tradition trumps the human rights that belong to all of us. And this holds true for inflicting violence on LGBT people, criminalizing their status or behavior, expelling them from their families and communities, or tacitly or explicitly accepting their killing.

Of course, it bears noting that rarely are cultural and religious traditions and teachings actually in conflict with the protection of human rights. Indeed, our religion and our culture are sources of compassion and inspiration toward our fellow human beings. It was not only those who’ve justified slavery who leaned on religion, it was also those who sought to abolish it. And let us keep in mind that our commitments to protect the freedom of religion and to defend the dignity of LGBT people emanate from a common source. For many of us, religious belief and practice is a vital source of meaning and identity, and fundamental to who we are as people. And likewise, for most of us, the bonds of love and family that we forge are also vital sources of meaning and identity. And caring for others is an expression of what it means to be fully human. It is because the human experience is universal that human rights are universal and cut across all religions and cultures.

The fourth issue is what history teaches us about how we make progress towards rights for all. Progress starts with honest discussion. Now, there are some who say and believe that all gay people are pedophiles, that homosexuality is a disease that can be caught or cured, or that gays recruit others to become gay. Well, these notions are simply not true. They are also unlikely to disappear if those who promote or accept them are dismissed out of hand rather than invited to share their fears and concerns. No one has ever abandoned a belief because he was forced to do so.

Universal human rights include freedom of expression and freedom of belief, even if our words or beliefs denigrate the humanity of others. Yet, while we are each free to believe whatever we choose, we cannot do whatever we choose, not in a world where we protect the human rights of all.

Reaching understanding of these issues takes more than speech. It does take a conversation. In fact, it takes a constellation of conversations in places big and small. And it takes a willingness to see stark differences in belief as a reason to begin the conversation, not to avoid it.

But progress comes from changes in laws. In many places, including my own country, legal protections have preceded, not followed, broader recognition of rights. Laws have a teaching effect. Laws that discriminate validate other kinds of discrimination. Laws that require equal protections reinforce the moral imperative of equality. And practically speaking, it is often the case that laws must change before fears about change dissipate.

Many in my country thought that President Truman was making a grave error when he ordered the racial desegregation of our military. They argued that it would undermine unit cohesion. And it wasn’t until he went ahead and did it that we saw how it strengthened our social fabric in ways even the supporters of the policy could not foresee. Likewise, some worried in my country that the repeal of “Don’t Ask, Don’t Tell” would have a negative effect on our armed forces. Now, the Marine Corps Commandant, who was one of the strongest voices against the repeal, says that his concerns were unfounded and that the Marines have embraced the change.

Finally, progress comes from being willing to walk a mile in someone else’s shoes. We need to ask ourselves, “How would it feel if it were a crime to love the person I love? How would it feel to be discriminated against for something about myself that I cannot change?” This challenge applies to all of us as we reflect upon deeply held beliefs, as we work to embrace tolerance and respect for the dignity of all persons, and as we engage humbly with those with whom we disagree in the hope of creating greater understanding.

A fifth and final question is how we do our part to bring the world to embrace human rights for all people including LGBT people. Yes, LGBT people must help lead this effort, as so many of you are. Their knowledge and experiences are invaluable and their courage inspirational. We know the names of brave LGBT activists who have literally given their lives for this cause, and there are many more whose names we will never know. But often those who are denied rights are least empowered to bring about the changes they seek. Acting alone, minorities can never achieve the majorities necessary for political change.

So when any part of humanity is sidelined, the rest of us cannot sit on the sidelines. Every time a barrier to progress has fallen, it has taken a cooperative effort from those on both sides of the barrier. In the fight for women’s rights, the support of men remains crucial. The fight for racial equality has relied on contributions from people of all races. Combating Islamaphobia or anti-Semitism is a task for people of all faiths. And the same is true with this struggle for equality.

Conversely, when we see denials and abuses of human rights and fail to act, that sends the message to those deniers and abusers that they won’t suffer any consequences for their actions, and so they carry on. But when we do act, we send a powerful moral message. Right here in Geneva, the international community acted this year to strengthen a global consensus around the human rights of LGBT people. At the Human Rights Council in March, 85 countries from all regions supported a statement calling for an end to criminalization and violence against people because of their sexual orientation and gender identity.

At the following session of the Council in June, South Africa took the lead on a resolution about violence against LGBT people. The delegation from South Africa spoke eloquently about their own experience and struggle for human equality and its indivisibility. When the measure passed, it became the first-ever UN resolution recognizing the human rights of gay people worldwide. In the Organization of American States this year, the Inter-American Commission on Human Rights created a unit on the rights of LGBT people, a step toward what we hope will be the creation of a special rapporteur.

Now, we must go further and work here and in every region of the world to galvanize more support for the human rights of the LGBT community. To the leaders of those countries where people are jailed, beaten, or executed for being gay, I ask you to consider this: Leadership, by definition, means being out in front of your people when it is called for. It means standing up for the dignity of all your citizens and persuading your people to do the same. It also means ensuring that all citizens are treated as equals under your laws, because let me be clear – I am not saying that gay people can’t or don’t commit crimes. They can and they do, just like straight people. And when they do, they should be held accountable, but it should never be a crime to be gay.

And to people of all nations, I say supporting human rights is your responsibility too. The lives of gay people are shaped not only by laws, but by the treatment they receive every day from their families, from their neighbors. Eleanor Roosevelt, who did so much to advance human rights worldwide, said that these rights begin in the small places close to home – the streets where people live, the schools they attend, the factories, farms, and offices where they work. These places are your domain. The actions you take, the ideals that you advocate, can determine whether human rights flourish where you are.

And finally, to LGBT men and women worldwide, let me say this: Wherever you live and whatever the circumstances of your life, whether you are connected to a network of support or feel isolated and vulnerable, please know that you are not alone. People around the globe are working hard to support you and to bring an end to the injustices and dangers you face. That is certainly true for my country. And you have an ally in the United States of America and you have millions of friends among the American people.

The Obama Administration defends the human rights of LGBT people as part of our comprehensive human rights policy and as a priority of our foreign policy. In our embassies, our diplomats are raising concerns about specific cases and laws, and working with a range of partners to strengthen human rights protections for all. In Washington, we have created a task force at the State Department to support and coordinate this work. And in the coming months, we will provide every embassy with a toolkit to help improve their efforts. And we have created a program that offers emergency support to defenders of human rights for LGBT people.

This morning, back in Washington, President Obama put into place the first U.S. Government strategy dedicated to combating human rights abuses against LGBT persons abroad. Building on efforts already underway at the State Department and across the government, the President has directed all U.S. Government agencies engaged overseas to combat the criminalization of LGBT status and conduct, to enhance efforts to protect vulnerable LGBT refugees and asylum seekers, to ensure that our foreign assistance promotes the protection of LGBT rights, to enlist international organizations in the fight against discrimination, and to respond swiftly to abuses against LGBT persons.

I am also pleased to announce that we are launching a new Global Equality Fund that will support the work of civil society organizations working on these issues around the world. This fund will help them record facts so they can target their advocacy, learn how to use the law as a tool, manage their budgets, train their staffs, and forge partnerships with women’s organizations and other human rights groups. We have committed more than $3 million to start this fund, and we have hope that others will join us in supporting it.

The women and men who advocate for human rights for the LGBT community in hostile places, some of whom are here today with us, are brave and dedicated, and deserve all the help we can give them. We know the road ahead will not be easy. A great deal of work lies before us. But many of us have seen firsthand how quickly change can come. In our lifetimes, attitudes toward gay people in many places have been transformed. Many people, including myself, have experienced a deepening of our own convictions on this topic over the years, as we have devoted more thought to it, engaged in dialogues and debates, and established personal and professional relationships with people who are gay.

This evolution is evident in many places. To highlight one example, the Delhi High Court decriminalized homosexuality in India two years ago, writing, and I quote, “If there is one tenet that can be said to be an underlying theme of the Indian constitution, it is inclusiveness.” There is little doubt in my mind that support for LGBT human rights will continue to climb. Because for many young people, this is simple: All people deserve to be treated with dignity and have their human rights respected, no matter who they are or whom they love.

There is a phrase that people in the United States invoke when urging others to support human rights: “Be on the right side of history.” The story of the United States is the story of a nation that has repeatedly grappled with intolerance and inequality. We fought a brutal civil war over slavery. People from coast to coast joined in campaigns to recognize the rights of women, indigenous peoples, racial minorities, children, people with disabilities, immigrants, workers, and on and on. And the march toward equality and justice has continued. Those who advocate for expanding the circle of human rights were and are on the right side of history, and history honors them. Those who tried to constrict human rights were wrong, and history reflects that as well.

I know that the thoughts I’ve shared today involve questions on which opinions are still evolving. As it has happened so many times before, opinion will converge once again with the truth, the immutable truth, that all persons are created free and equal in dignity and rights. We are called once more to make real the words of the Universal Declaration. Let us answer that call. Let us be on the right side of history, for our people, our nations, and future generations, whose lives will be shaped by the work we do today. I come before you with great hope and confidence that no matter how long the road ahead, we will travel it successfully together. Thank you very much. (Applause.)

PRN: 2011/T57-13

Remarks
Hillary Rodham Clinton
Secretary of State
Palais des Nations

Geneva, Switzerland

Very Sad story about our sisters in diaspora

From: Tebiti Oisaboke

This is indeed a heart breaking story and I feel for this poor girl from Nigeria for having fell prey to these creatures. This is modern slavery which needs to be condemned by all sanity people. I would suggest that she makes some documentary videos about her life in a foreign land and how she ended up there to do what she did far from what she was promised before she left home. She would make more money to cater for her medical bills instead of continuing to sell her sick body to unsuspecting customers who might contract the virus even though she says that she tries to caution them to use protection. She should do what the late Uganda singer Mr. Philip Bongoley Lutaaya did before he died of the dreaded scourge in December of 1989. Phill used to sing like an angle. I will never forget the documentary about his life made by the late Mr. Peter Jennings former anchor of ABC News which was first aired in April of 1990.

TOI

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Remembering Philly Lutaaya

Form part of the lyrics to the late great Philly Bongoley Lutaaya’s hit single ‘Born in Africa’ released in the late 80s. This song and its accompanying album recorded at B10 B10 studios in Sweden in the same period is still a favourite in Uganda over fifteen years after it was released. According to Dr. Alban Nwapa, the Nigerian-Swedish musician who made his musical mark with Denniz Pop a few years later, Lutaaya was one of the greatest African musicians of the 80s.

Unfortunately the world purely out of his tragic demise did not get to fully appreciate the man and his works as his life was cut short in December 1989 before a logical conclusion of an otherwise promising international (globally recognised) music career. Alban who released a song and album (his fourth) coincidentally titled ‘Born in Africa’ in 1996, which was an afrocentric medical student who graduated into a professional dentist and was equally a disc jockey who had successfully made the transformation into a musician. Alban occasionally met Lutaaya at the Kilimanjaro Club, Stockholm where the latter performed with the Savannah band in Stockholm Sweden. Alban in proceeding years was based at the Alphabet Street club in Stockholm.
In Uganda Lutaaya is eulogised and his legacy continues as a surrogate patriarch of Ugandan contemporary popular music who is still envisaged as an eternal legend with works (especially the afro-reggae single ‘born in Africa’ and the poignant ‘alone and frightened’) that are local classics. His work as a renowned anti-HIV/AIDS activist fostered a dual legacy and throughout the western hemisphere it is this point that he is remembered for. Fondly referred to with reverence as ‘Omugenzi Philly’ (the late Philly), he is a guiding beacon to the careers of many musicians in Uganda.

At the 1st annual Pearl of Africa Music (PAM) awards, 4th October 2003 at Speke Resort Munyonyo Kampala, he received a nomination for Life Time achievement and though edged by the evergreen and ever present Elly Wamala (passed away – RIP), many believe this year or anytime soon Lutaaya will posthumously win the coveted award. Angela Kalule, a leading female vocalist in Uganda also recalls Lutaaya in two contexts. First his public declaration of his sero status (HIV positive) at the time when it was a risk of public animosity for such circumstances or revelations and the accompanying anti-HIV/AIDS campaign that he assumed. The second was his unique style of music, which she says has not been matched up to this day in Kampala.

Before the enhancement of the Internet as a global form of popular culture and the local proliferation of musicians in the 90s, Lutaaya, Samite Mulondo (based in America) and Geoffrey Oryema (based in France) were the three symbols of Ugandan popular music in a global context though there were occasional mentions of the Afrigo band. Oryema with frequent classic remakes of folk songs from his home area Acholi land and the association with Peter Gabriel is a public name in western capitals. He contested at the inaugural Kora Awards ceremony in 1996. The interesting bit with Lutaaya is that whereas his name has resounded globally, it is as aforementioned more to do with his work as an anti-HIV/AIDS campaigner than the masterpieces he delivered. The sole reason being in my presumption that it was not easy to distribute his works at the time he passed away as it would have been if he had released those works today.

Lutaaya had not yet attained those major record label deals that propelled the careers and sounds of artists like Papa Wemba or Youssou N’dour.This not withstanding his public testimony about his own experience with AIDS first unveiled on April 13th 1989 at Makerere University Kampala as he spoke to students and his accompanying work (including an album ‘Alone and Frightened’ released 29th September 1989 along with an audiovisual documentary ‘Alone: The Life and Times of Philly Bongoley Lutaaya’) on the same note sent his name running through global capitals at a time when the AIDS epidemic was still some kind of mystery and had turned Uganda into an advancing health disaster area.Indeed it was about this time that the only two things Uganda was known for were Idi Amin’s reign of terror in the 70s and the scourge of alarmist proportions.

Phillip Bongoley Lutaaya, born October 1951 (a year before Ignatius Musaazi formed Uganda’s first political party Uganda National Congress) to Mr Tito and Mrs Jastin Lutaaya in Mengo (the seat of the Buganda Kingdom from where he hailed), Kampala was literarily born into urban life. Buganda was at different times referred to as Buganda province interchangeably with central province and was the headquarters of the British administration before independence. Philly Lutaaya started school in Mpigi District a few kilometres from Kampala where he did primary section at Kasaka Primary School, Gomba. Gomba is also the ancestral home of Philly Lutaaya and forms one of the three counties that form the district of Mpigi which is in the Buganda region.The others are Mawokota and Butambala.Lutaaya’s parents were teachers.His dad taught at Kasaka boys primary school while the mother was a headmistress at the neigbouring Kasaka girls primary school.

After this period, in 1959 he was enrolled into Budo Kabinja Junior School in Kampala where he spent a couple of years till 1969 before moving on to Kololo Secondary School within Kampala. He got involved in high school bands before breaking out to seek a professional career. At Budo, Lutaaya studied with the late great Ugandan-Rwandan guitarist Dede Majoro who at one point influenced the incorporation of the lead guitar into the Ugandan soundscape. It was at this early stage that the two artists attained their first contact with western instruments like the piano and the guitar which they never separated from till their demise. Many of the christian-run schools of the day had high school bands. These included Namilyango College, Kings College Budo and St.Mary’s College Kisubi.

At the age of seventeen, Lutaaya like many of Uganda’s popular musicians got his start as a nightclub band singer. The clubs are cited by acclaimed musician Fred Kanyike Buwule (1989) as a base where musicians can play as residents and present some kind of security of consistence for the musicians. Which implies security of income and career. Lutaaya revolved around New Life Club (Mengo), Kololo Night Club (which was not far away from his former high school, now known as Angenoir Discotheque) and Arizona Club (Kibuye), and at these locations, he still paid particular attention to the guitar revolution of the Congolese rumba and Afro Jazz traditions that were doing rounds in East Africa at the time. His Other influences came in the form of popular rock ‘n’ roll stars Elvis Aron Presley, Cliff Richard (aka Harry Roger Webb) and The Beatles (Paul James McCartney, John Lennon, George Harrison and Richard ‘Ringo Starr’ Starkey). In 1981, he named his newly born last born child John Lennon Kabogoza after the Beatles member. Robert Mayanja, a former member of Elly Wamala’s ‘MASCOTS’ band where Philly sojourned at one point Lutaaya used to commence his rehearsals with a rendition on drums and vocals of the Beatles’ ‘let it be’ single which he loved.

The period between which Lutaaya was born and the period when he began performing were both sides of Uganda’s pro-independence struggle and the aftermath of independence (independence came in 1962). These foreign influences were played on radio, played by bands and stocked in retail shops for the colonialists, a situation that affirmed such songs within the local populace as well. The Beatles in 1964 had begun their elongated conquest of ‘both sides of the Atlantic’. This wave and its influence rivalled by the influential congas and guitar-driven Afro-Cuban scenario were radical incentives to the young Lutaaya. At home, Wasswa ‘Rocky’ Birigwa (Kampala Mayoral aspirant in the 90s and now ambassador designate) and his brother Geoffrey Nsereko, Elly Wamala, Fred Masagazi and other notables were breeding a home-grown sound though with foreign sonic overtones pegged onto them.
In the clubs, Lutaaya worked with various bands including Eko Jazz band and the prolific Congolese Vox Nationale Du Congo Kinshasha that was also based at New Life. The bands influenced his metamorphosis from an amateur musician to a more versatile and professional musician (singer, songwriter and instrumentalist). Professional in not only practise but in the commercial context of performing for a paying audience. In 1968 when he was still with Vox Nationale, he released his first recording ‘Philly Empisa Zo Zikyuseko/Flora Atwooki’ on A/B sides respectively. Lutaaya also recorded ‘Tugira Tulinda’,’Baasi Namakwekwe’ and ‘Bw’oba Osiimye’ during this period with the band.

At the age of nineteen, two years after exploration of the clubs, Lutaaya moved by road to Kinshasha the capital city of Congo Kinshasha to base with Vox Nationale that had returned home. The Kinshasha odyssey through and through was a milestone to the career of Philly Lutaaya who was exposed first hand to the vibrant Congolese music scene. His later recording ‘Likambo La Falanga’ was influenced by this trip to Congo. Lutaaya returned at the age of twenty-one to join the Cranes band led by Sam Kaumba that was based at Silver Springs Bamboo gardens. Other members of the band were Jeff Sewava, Tony Senkebejje, Charles Sekyanzi and the late Jesse Kasirivu. Lutaaya joined Sam Kaumba and Eddy Ganja in the Cranes after this group of musicians left the band to form Afrigo band (Sewava after sometime left Afrigo to form Afrigo Waves based first in Mombasa and then Germany). Lutaaya due to personal experience always believed bands were integral not only to the evolution of a particular musician but the broader musical culture of Uganda.

After Cranes band, Lutaaya was recruited by Fred Kanyike Buwule the leader of the 16 member Rwenzori band. He joined Rwenzori’s sister band River Nile Band. In River Nile, he met bassist Shem Makanga who he later worked with in Savannah band in Sweden. Rwenzori band included Eclaus Kawalya (father to Afrigo band vocalist Joanita Kawalya), Geoffrey Nsereko, Fred Sebukima, Alex Mukulu, Sempaala Kigozi, Fred Masagazi, Hadija Namale Kalyango, Mansur Akiiki. Lutaaya only joined the main Rwenzori in 1975. With Rwenzori, he released the album Ashiita. The band underwent a split which introduced new members Frank Mbalire, Billy Mutebi and Fred Kigozi. Rwenzori shifted its performance base to the International Hotel (presently named Sheraton Hotel, previously named Apollo Hotel but changed by Idi Amin who did not cherish the association with Apollo Milton Obote who he had overthrown on January 25th 1971) attracting massive crowds.

After this band, Lutaaya formed a loose group with friend Frank Mbalire incorporating a number of other seasoned musicians that included Fred Kigozi. Their meeting and rehearsal point was at Namirembe road where Philly Lutaaya’s parents owned a flat and also ran a shop. The band rehearsed upstairs and started performing in different places in Kampala. Inspite of their commensurate talent and experience, the band faced recurring difficulties. They hardly got admirable gigs and this was frustrating to Lutaaya who envisioned a departure from Uganda to improve his fortunes as a musician. The band, which also had a stint at a place called Katis in Lungujja Kampala owned by the father to Betty Kamya Turomwe who is presently opposition group Reform agenda spokeswoman began nurturing thoughts of a new strategy executed abroad which shall be tackled later.

The period 1971-1979 was chaotic for Uganda that had got independence in 1962. Idi Amin, an ex-Kings African Rifles officer and Uganda Armed Forces general had taken over power from Dr. Milton Obote in 1971 and imposed a ruthless genocidal regime in Uganda, where citizens all and sundry were tortured, mutilated or murdered for all kinds of reasons. In 1978/1979 the first post-independence war of liberation waged by Ugandan exiles (who were mobilised at the Moshi conference) with the aid of Tanzania’s then president Julius Kambarage Nyerere dethroned Idi Amin. The post war era was a relief but one of the most fragile in terms of political, social and economic stability, a fragility which the military commission overseen by Paulo Muwanga struggled to cope with. There were enormous challenges and security was elusive. To musicians, not only was it unsafe to perform night shows (which would bring money), but the money was not available as the economy was bad and in any case, people would not attend performances after which getting back home would be accidental.

The Congolese sound still manifested influence in Uganda and surprisingly Michellino Mavatiko, who was rumoured to have been a one time band leader of Tabu Ley’s L’Afrisa International and composed the single ‘Salima’ had following altercations with Tabu Ley had set up an East African base at Hotel Equatoria with regular performances at a club close to Black Lines house (Kidukuulu bar) under the auspices of the then interim Government and fully sponsored through the national budget. Mavatiko performed in Swahili, Lingala and Spanish. He only left after the elections which Milton Obote won. His departure was rumoured to have been a consequence of ruthless treatment he underwent with his band members after the Government crack down on hotel guests when guerilla leader Yoweri Museveni was said to have slept at Equatoria on one night. Mavatiko did not like this treatment and found his way out. His brand of Afro-Jazz and Soukouss music influenced Lutaaya and friends for the period before instability that was mounting and eventually drove them into the diaspora.

Lutaaya predictably like many other Ugandans left the country for Kenya. Kenya, which was a cradle of stability though the early 80s had a quelled threat to in the form of a military coup attempt against former president Daniel Arap Moi. The major challenge of living in Nairobi Kenya was the suspicious attitude held by the Kenyan security towards Ugandans living in Kenya falling on the background of possibility of the turmoil in Uganda spilling over into Kenya. Philly was arrested at the popular Lidos Bar in the Musakos swoops before leaving for Sweden.

The gifted Lutaaya’s new life in Kenya began as a session player for different recording studios. He also collaborated with another Kenya based Ugandan musician Sammy Kasule of the outfit Orchestra Jambo Jambo who was later to work with him in Sweden. Other musicians from Uganda based in Kenya at the time were Tony Senkebejje who left in 1982 for Mombasa Kenya. In Kenya, Lutaaya was able to proceed with nurturing his musical ambitions in the process recording ‘Nsunzi Watali’, ’Asaba’ and ’Univumie’. The Nairobi years were an asset to Lutaaya who was exposed to a more multi-cultural environment that Kenya encompassed. This experience prepared him for the journey to Sweden, which he took in 1984. Upon arriving in Sweden, Lutaaya spearheaded the formation of a band named ‘Miti Mito’ (small trees: figurative for young ones).

This band was the foundation for the monumental Savannah band, a congregation of some of the best musicians Uganda ever produced. Members of the band included bassist Joe Nsubuga, Fred Tebusake Semwogerere, bassist and vocalist Sammy Kibirige Kasule, Richard Mudhungu, Frank Mbalire, Joe Nsubuga, keyboardist and vocalist Hope Mukasa (formerly of the Mixed Talents and who pioneered the Karaoke culture in Uganda in the late 90s), percussionist Gerald Nadibanga and bassist and saxophonist Shem Makanga. According to Lutaaya, the band was actually formed between Uganda and Kenya and each member was destined to move to Sweden after the preceding one had arrived. Though the band members had mastered different roles in regular band formations, they were reorganised by Lutaaya to achieve the multi-cultural and achievement goals of going to Sweden.

The move to Sweden, unveiled many opportunities. Sweden is a country that has by predictable coincidence accommodated the highest number of Ugandan musicians in the Diaspora. Charles ‘Charlie King’ Twodong, Swahili Nation, Luther Martin Kintu, Maddox Semanda Sematimba and Young Vibrations all got their acts straightened out in the environs of Sweden. Whereas the trend started with Lutaaya and friends, the Swedish cultural policy (including a strong copyright law) was an extra weight to their ambitions.
In 1974 the Swedish parliament enacted a policy for government support for various kinds of cultural activities including music and musical production. This included a provision for funding areas of cultural exchange music inclusive, which was crucial to Lutaaya’s objectives. In fact one of Lutaaya’s most popular records ‘Born in Africa’ was partly funded by the Swedish council for Cultural affairs. It was also produced by Lutaaya and Sten Sandhl who was the director of the Swedish National Concert institute ‘RIKSKONSERTER’, A Swedish government agency supportive of music of all kinds. This institute not only receives public funding it also runs a record label ‘Caprice records’ through which it releases records. Lutaaya and friends had also got into various cultural festivals in Sweden: Gothenburg annual carnivals, and the Falun Folk Music festivals.
In the late 80s Lutaaya went solo and released the nostalgic ‘Born in Africa’ single and album. The music on ‘born in Africa’ was in all aspects classic material a clear show of music nurtured over the passage of time. This eclectic album is what got the whole of Uganda listening to Philly Bongoley Lutaaya. Singles on the album included ‘born in Africa’, ‘Nkooye Okwegomba’, ‘the voices cry out’, ‘tulo tulo’, ‘naali kwagadde’, a remake of ‘Philly empisazo’, ‘Entebbe wala’ and ‘en fest I rinkeby’ (his Swedish remake of a party in rinkeby)’. Although this album drew Lutaaya into the mainstream of the Ugandan music audience, his mark was just a matter of time before it was made. The cast that worked on this album was the best of Uganda in Sweden. Kasule and Nadibanga on guitar and percussions respectively, Billy Mutebi on guitars, Swedes Mats Wester and Roger Myrehag on keyboards and synths and off course Lutaaya’s young ones Tezzie and Tina assisted by Sabina Have, Kasule and Scottie Prescott on vocals.

With the success of this album, Philly Bongoley Lutaaya’s fans expected the follow up album to be even more eclectic and far reaching than the ‘born in Africa’ project and were completely taken aback when Lutaaya came back to Kampala in April 1989 with news that dampened their hopes. On April 13th 1989, Lutaaya in a sense of altruism declared he was living with HIV/AIDS, a virus that had made its presence in Uganda in the 80s and had decimated thousands of lives.

This was a shocking revelation (because AIDS in Uganda at the time was a guarded mystery) and was an anti-climax to the preceding circumstances in Lutaaya’s musical life. All sorts of sceptical accusations arose. His project was to make money and more fame after which he would rescind the pronouncement. The year ran fast and Lutaaya took to a different direction in his career. He used his influence and popularity and got involved in anti-HIV/AIDS awareness programs with the Swedish and Uganda Red Cross and undertook a countrywide tour of the same and a recording of the ‘Alone and Frightened’ album that brought attention to the stigmatisation of AIDS patients. The lead single that Roxette (Marie and Per Gessle) perchance sampled for their 1990 single ‘it must have been love’ became an anthem of hope in Uganda.

The activities that Lutaaya partook were a Godsend for the Government and People of Uganda. His music and documentaries on the perilous epidemic shaped a new perceptions of the disease and though the problem became a challenge that continued, safe sexual behaviour was a policy advocated for with vehemence in Uganda throughout the 90s and accounted to a down turn in the spread of the epidemic. Philly Lutaaya’s ‘Alone and Frightened’ album was officially launched by the late ex-prime minister of Uganda Dr. Samson Kisekka on Friday the 29th of September 1989 at the Sheraton Hotel. The ailing Lutaaya returned to Uganda for the final time on Saturday 2nd December 1989 and passed away at 10:50 am on Friday the 15th of December 1989 at Nsambya hospital Kampala Uganda and was buried at Bunamuwaya on the Entebbe-Kampala road. The attendance of his burial by senior Government officials including the minister of Health Zak Kaheru highlighted the Ugandan Government’s attachment to Lutaaya’s efforts against the dreaded scourge.

— On Fri, 12/9/11, Kuria-Mwangi wrote:

I could not help but feel the pain for our sisters from West Africa stranded in Europe! Very very sad in-deed. I hope our sisters read this and refuse to fall prey to these marauding beasts using the internet and other means to lure our sisters to these dehumanizing dens in Europe and elsewhere. Very very very sad. You cant help crying. You want to blame poverty but these beasts must be brought to book and made to pay for the unyama!

I am a dying African bestial porn actor stranded in Europe

It all began when she answered to an internet announcement.

Lolita is from Nigeria and at only 26 years of age her testimony seems almost unbelievable. Her story perfectly illustrates some of the hardships thousands of African women go through. Prostitution has reduced her to a drug addict and an alcoholic with aids pulling her into the doomed path of the grim reaper.

Prostitution among African women is snowballing in Europe. Amely-James Bela, a business school graduate, has a long history of humanitarian and community work. She has been fighting to stop the traffic of women and children for prostitution. Her book La prostitution africaine en Occident sounds an alarm on this phenomenon. Afrik-news.com has also decided to follow her example by bringing this trend to light.

“If only I knew what was in store for me here, in this crazy place, this place that so many people admire, this place they all want to come to (…) a place where we, Africans, are considered as good for nothing, slaves who are made to eat human excrement and drink their urine. Some find it normal that sick people, perverts, rich people… use their money and influence to gravely abuse other humans.

They say that we are adults and therefore consenting, but this is not true because no one asked for my consent before throwing me into this hell hole. I was forced and threatened… and if we are adults, what about the kids who find themselves in this milieu? Those people pay a lot to abuse the youngest ones. Poor people do not pay such ludicrous amounts of money for such things, simply because all their money will still not be enough to buy these…

“I am not afraid anymore”

I am disgusted and no more afraid, and by the way, who cares? My days are numbered anyway. My aids is in its final stages. They have more respect for dogs than for us. I know that not all the girls go through what I have been through. But I know what goes on in this milieu and why the girls deny all those horrendous things so as not to fall victim to their anger. Their riches give them the right over our lives… If their drugs, their aids and alcohol had not brought me to my death bed, their filth and the filth of their dogs that I was made to swallow as well as their violence would have done it anyway.

I have prayed to God to forgive me and take me back. No human being can live with what I have in my head. I only have to close my eyes for a few seconds for all the horrors to come rushing back. Everyday and every night I go through the same torture. I need someone to help me end it all, I have no energy in me to even try it. My God! I want just a moment of silence to rest. I just want it over and done with and just go, go, go…

Recruited via the Internet

My troubles began in Lagos. I came across an internet announcement, which said that a businessman was looking for women who wanted to get married for his dating agency. There were photos and stories of happy and successful marriages. Apart from the internet announcement, I also answered to announcements posted in these magazines that we find everywhere now. It all went very fast. The man contacted me and we started communicating via the Internet. He promised me things that no woman would refuse. A dream. In a matter of three months, I had every single paper needed to leave for London. He also gave me the names of persons I had to meet and everything went well. I also had to go to Benin City (a city in Nigeria, ndlr) to collect a small parcel for him. I was a bit taken aback when I realized that the little parcel he was talking about were three young boys between the ages of eight and twelve. Their passports and visas were ready. Everything was ok. I went to see a guy called “wizard” for instructions.

Our trip took us through Ghana where someone provided us with Liberian passports with which we traveled to London. This was to help us obtain refugee status with ease. We left after spending three days in a shantytown in Accra where we were hidden to “avoid being spotted by jealous people who were not as lucky as us!” hmmm… The youngest boy was gripped by fear. He cried a lot, his whole body shook and could not utter a word. His only refuge were my arms and the only moment he left my arms was to allow me to go to the bathroom…

Defenseless children

At the airport, my fiancé and the person who was to collect the children were waiting. The separation was very painful. A lot of force was needed to tear the little boy from me. I never heard of those children again. I followed this man whom I knew nothing about apart from the fact that he called himself “Bryan”. We barely got to his house when the nightmare began. First of all, he wanted us to do it right away. But I told him that I needed some time as it is not too easy to open up to someone I did not know, just like that. But his violent grip made me give in immediately. My first hours on the English soil were marked with rape and violence on somebody’s living room floor. He took a rest, drank whiskey and came back to do those horrible and painful things that I didn’t even know existed, again and again. I thought I was going to die.

I was forced to do what he wanted, I knew only him and he had kept all my papers. After sexually abusing me, he asked me to watch films in which girls were having sex with animals. He said to study what the girls were doing because I was going to do the same soon. He said that my arrival had cost him a lot of money and I was going to have to pay him back. He also said that because he is a very nice man, he would find good business and film contracts and split the money between the two of us. He gave me a little something to give me courage, but not to worry because there was a lot of money to be made. Lots of money. That little something to give me courage was, in fact, drugs. This is how, three weeks after my arrival in England, I became a bestial porn star addicted to drugs and traveling through european capitals; Amsterdam, Berlin, Paris and London, my residence.

Women and animals

Once or twice a week, I was sent to film sets or individual homes to tape these nasty pornographic videos. Sometimes the master and his dogs would join in. It gave me nausea. His wife would look on, amused, while mixing herself cocktails. I took drugs and drunk before doing those scenes, because without getting high on drugs, I just couldn’t do it. These animals in me, their slaver, their hairs, their bad breathe, the scratches from their claws, while obeying their masters who would order them to go slow or use violence with me under them… I cried, I screamed, I prayed for the good lord to take me away. What was I doing? My poor mother would die if she knew. To prevent her from asking too many questions, I sent her money along with carefully staged photographs Bryan and I made.

The worst moment came was when I was made to perform oral sex on these animals. Sex with the animals were unprotected and the man told me that I was not at risk since God had made sure that animals could not impregnate humans. For years I did only that. Litres of animal sperm in my stomach. My body is so filthy that not a single child could possibly be conceived in it. One day, to spice up the scenes, the producer’s wife went and fetched puppies to suck my breasts. It was very painful because they sucked violently as there was no milk. The professionals sell these films across the world while others watch them during parties.

My family lives well and I live with aids

I have to confess that I made a lot of money. I had a house built back home and my family lives well. I pay the school fees for the young ones and I am respected and adored. My family is very proud of me because they know nothing about what I do. Out of greed, I worked more to get more money, which also meant more drugs and alcohol. Sometimes Bryan rented me out to a friend of his in the south of France, because in summer, the arrival of a number of yachts and celebrities at the côte d’azur means a big market for prostitutes and drug dealers. There are all night long orgies and they pay a lot. It is a change from the usual work and brings in a lot of money.

I think that is where I was infected with aids… and because I did not have regular medical check ups the disease was discovered too late. I was abandoned on the beaches of Saint Tropez. Bryan disappeared and changed his address. A prostitute from Poland came to my aid but since she was not able to cater for my drug needs as well as all she was doing for me, she introduced me to an African girl who was also involved in the same line of work, who introduced me to an association that takes care of African women with aids…

My disease is in its terminal stage. I won’t live past thirty. My body is covered with leeches, I am a drug addict, anorexic, alcoholic… I still work as a prostitute, but I am careful not to put my clients, who know nothing about my situation, at risk. I do it to help me buy drugs and alcohol. I take those things to speed things up, you know, my death. The images torture me and it is like a poison killing me in small doses. It is the worst kind of death. I regret so much for coming to Europe. Back home, I would be healthy, married and by now a mother…”

http://www.kuria-mwangi.blogspot.com
http://www.facebook.com/kjmwangi

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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