Pambazuka News 422: Kenya: The bomb waiting to go off ... again
Pambazuka News 422: Kenya: The bomb waiting to go off ... again
cc The DRC’s desire to choose its own mining trading partners, whether Chinese investors or Western corporations, calls the bluff of global financial institutions like the IMF and World Bank, writes Antoine Roger Lokongo. Negotiations the country has conducted reveal how these institutions are putting pressure on the DRC government to ditch the Socomin deal with China – a Beijing-based, joint-venture between the DRC’s Gécamines and a group of Chinese state-owned enterprises – as a condition to get its debt forgiven. That is clearly blackmail, Lokongo maintains, and is inconsistent with the spirit of free trade and globalisation.
Behind the rather inane-sounding title lies an in-depth and complex investigation of the effects of Mozambique’s heavily aid-supported economic trajectory. Indeed, the image of bicycles and their presence in the country is used as a running theme throughout the book to illustrate the innate problems with the methods currently used to measure economic development and poverty alleviation, and to question their effectiveness. In the authors’ well-researched assessment, it is high time for a new approach.
cc With Kenya continuing its recovery from its post-2008 election crisis, Maina Kiai asks whether the country’s political class has learnt its lessons or whether there has simply been a return to ‘business as usual’. Arguing for the strengths of the accountability mechanism set out in the Waki Report, Kiai suggests that the challenge remains to direct civil dissatisfaction and the momentum for change around Kenyan politics in a positive way representative of all Kenyans.
To Secretary General Mr Ban Ki-moon of the United Nations
Dear Sir,
Re: Honour Kenyans, honour the Waki recommendations
Kenyans in one voice have said no to a Kenya Tribunal. They want the perpetrators of the post-election violence sent to the International Criminal Court (ICC). A motion tabled in the Kenyan parliament last month to allow for a tribunal in Kenya to prosecute the perpetrators of the post-election violence was defeated.
Mr Kofi Annan gave the Kenyan government an additional one week for debate, against the already set deadline by the Waki Commission which investigated the violence. After that additional week, again Kenyans, through their members of parliament, said no to a tribunal in Kenya. Now Mr Annan has again given the Kenyan government two months to set up a tribunal in Kenya.
In an interview with one of Africa’s musical giants at Capital Hotel in Lilongwe, Jessie Kabwila Kapasula talks to Oliver Mtukudzi. Mtukudzi, from Zimbabwe, discusses the rich themes behind his work, as well as broader points of discussion such as the contemporary misuse of cultural practices around the death of a brother, parental responsibilities, and the objectification of women in popular music.
cc Highlighting the importance of taking action on acts of large-scale theft and economic abuse, Gabriel Dolan argues that while corruption is certainly not restricted to the African continent, it is perhaps more apparent in the striking inequalities to be found between self-interested socio-political elites and impoverished masses. Criticising the tendency of human rights investigations to gloss over the role of social injustice and economic crimes in fuelling impunity and perpetuating corruption, Dolan states that Kenya’s Truth, Justice and Reconciliation Commission (TJRC) should fully acknowledge the plundering of the country’s resources by certain figures and ensure that recovered wealth is redistributed in the form of reparations for victims. With a view to enabling greater funding for educational initiatives, the author contends that the Kenya National Commission on Human Rights (KNCHR) should throw its weight behind a campaign to have grand corruption recognised as a crime against humanity.
Reflecting on some of the troublesome statistics around maternal mortality for sub-Saharan Africa, Tajudeen Abdul-Raheem urges greater support for the continent’s women. Arguing that these statistics need to be humanised to fully illuminate their severity, Abdul-Raheem laments the lottery of geographical proximity in determining people’s access to effective healthcare, along with the tendency of the politically powerful to wholly ignore the needs of their citizens. Stressing that a bleak statistical picture is far more reflective of deficiencies in policy than an absence of resources, the author invites readers to join the UN’s Millennium Campaign.
cc Following his mission in Kenya over the period 16–25 February, UN Special Rapporteur on Extrajudicial, Arbitrary or Summary Executions Philip Alston issued a press statement outlining his findings. Drawing attention to the entrenched impunity of the country’s police force, Alston questions the complete absence of an accountability mechanism around police killings and the force’s broad reluctance to engage with detailed and comprehensive civil society concerns. The rapporteur likewise underlines the concerted efforts to block his access to records around security force activities, and need for independent investigation around events in Mt Elgon. Alston also argues the lack of any form of witness protection programme to be a key factor in the persistence of a culture of impunity, and states that the government must move to providing adequate reparations for families left unable to meet their needs through the deaths of husbands and fathers.
Memories of this day in 1975
still live on our streets, huts and streams.
Our books, hearts and thoughts,
in Kenya's womb.
Convinced our freedoms
Our country we revive,
Refusing to die inside,
We hope against hope,
And stem the tide,
and with freedom garlands,
the national spirit we invite:
To take freedom.
To live freedom.
To worship freedom.
To eat freedom.
To breathe freedom.
To pray freedom.
To hold her in awe.
For the poor and for the rich,
To make freedom thrive.
cc The Kenya Human Rights Commission (KHRC), in partnership with Royal Media Services, has embarked on a seven-week media blitz consisting of television, radio and print publicity beginning 24 February 2008.
The campaign is built on the platform of the programme Trilogy: Black Man’s Land: Images of Colonization and Independence produced and directed by Anthony Howarth and David Koff, written by David Koff and narrated by Msindo Mwinyipembe. KHRC will further support the series in screening its production of Itungati – the Mau Mau story, a production of Themescape Ltd.
cc Cynthia McKinney, the 2008 Green Party US presidential nominee, calls for a ‘good dose of reality’ when evaluating the Obama administration’s first weeks in office. Lamenting the administration’s willingness to pull out of the ‘Durban II’ UN World Conference Against Racism in Geneva in April over concerns of potential anti-Semitism, McKinney argues that the conference represents a genuine opportunity for the US president to effectively engage with the plight of the world’s marginalised people.
Though once distinguished by its lack of military presence in Africa, China’s recent foray into anti-piracy control off the coast of Somalia and increased participation in international peacekeeping initiatives have led to speculation surrounding the Asian giant’s desire to adopt a more powerful and independent militaristic role. Reflecting on the correlation between China’s rising economic growth and increasing concerns for national security measures, Stephen Marks considers the potential impact of military competition on the African continent.
they flung your carcass to
the hyenas of
ngong
not knowing that a
maasai mchungaji
known as musaita ole tunda
would retrieve your remains
and expose moi's brazen canard
about your mythical excursion to zambia
they bombed the otc buses in late february
to provide a
red herring
for the execution
they were planning, the sadistic festival they were plotting
not knowing that your blood was already crying out for justice
ndugu jm, even you know that what was killed
in march nineteen seventy five was not your populism from nyandarua
but the paralyzing fear of the red eyed devil known as mzee jomo kenyatta
Financial turmoil is penetrating markets the world over, writes Ronald Elly Wanda. The impact, the author explains, will be seen in east Africa most notably in the fluctuating levels of financial aid, tourism and food pricing. Exploring the current economic situation in the UK and east Africa, Wanda suggests capitalism will never be the same again.
© THE NATURE OF THE MAU MAU CLAIM
The Kenya Land and Freedom Army (Mau Mau) claim relates to torture and the cruel and degrading treatment of detainees perpetrated by the Kenyan colonial government during the state of emergency (1952–60). It is a tortious claim based on negligence and will be instituted in the British High Court. The claimants are seeking compensation for personal injuries sustained while in detention camps of the Kenya Colonial Government which operated under the authority of Her Majesty’s Government (HMG). The proposed claims are based on the tort of negligence. It is alleged that HMG is liable not only because of actions of the Kenyan colonial government, but also for its failure to take any or adequate steps to prevent the widespread use of torture that it knew was being perpetrated in its name.
CAMPAIGN OBJECTIVES
The campaign’s objectives are as follows:
- Institute proceedings against the HMG in the British High Court with a view to achieve a ruling compelling HMG to pay reparations to Mau Mau torture survivors
- Build local and global awareness on the Mau Mau claim for reparations
- Energise ongoing efforts for recognition of Kenyan heroes and heroines
- Implant the tools for comprehensive transitional justice in Kenya.
VISION OF THE KENYA HUMAN RIGHTS COMMISSION (KHRC)
The Kenya Human Rights Commission (KHRC) will this year file a representative suit in the British High Court on behalf of the survivors of the Mau Mau struggle, seeking reparations from HMG for atrocities committed against the Mau Mau during the state of emergency period (1952–60).
The Mau Mau, an indigenous anti-colonial movement, struggled valiantly for Kenya’s independence, won from the British in 1963. The armed struggle raised the cost of colonisation, forcing the British to hand over power to Africans. During the armed struggle, atrocities were inflicted on the Mau Mau and the African communities that supported them. These atrocities have been well-documented by historians. Routine preventive detention, systematic denial of due process guarantees, summary killings, torture, beatings, rape, forced labour, destruction of property, forced evictions, villageisation, and other forms of pillage defined British policy against the Mau Mau during the emergency. It is estimated that perhaps 160,000 Kenyans passed through the ’moral rearmament’ corrective program (or ‘The Pipeline’), in order to renounce the Mau Mau oath, which was the stated justification of preventive detention.
The extent to which thousands upon thousands of Africans were killed, maimed or displaced during the emergency has only come to be appreciated in recent years. Despite the scale and severity of these atrocities, the British and successive African governments in Kenya, including the present government, have refused to either acknowledge these barbaric abuses or provide relief to the survivors. In fact, there has been a conspiracy of silence between the British and various Kenyan governments. Today, national amnesia threatens to bury the history of one of Africa’s most brilliant anti-colonial struggles.
The KHRC believes that the legacy of the Mau Mau is inextricably linked to the reform of the Kenyan state. In particular, the KHRC believes that the Mau Mau Reparations and Recognition Campaign will play a key role in addressing the long standing problems of impunity for past abuses, developing a basis for implanting the tools and instruments of transitional justice in Kenya, and buoying the efforts to litigate against the atrocities committed in the name of colonialism. It is not credible, nor is it defensible, to argue that the post-colonial Kenyan state can be reformed without a proper accounting for colonial atrocities, the most poignant of which involved the Mau Mau. Even the task force on a Truth, Justice and Reconciliation Commission (TJRC) for Kenya, led by KHRC Chair Professor Makau Mutua recommended that a special investigation be conducted to establish culpability for abuses committed in the colonial period.
As a part of its transitional justice programme – looking into and seeking justice for past abuses –the KHRC established the Mau Mau Reparations and Recognition Campaign. It is clear to the KHRC that the recovery of the memory and honour of the Mau Mau would have enormous implications for human rights, social justice and democracy in Kenya and Africa as a whole. What is more, the Mau Mau reparations case provides an opportunity to broaden the debate on reparations for slavery and colonialism in general. This is critical at a time in which the West is focused on debt reduction and forgiveness, as though these cleanse the atrocities committed in Africa through slavery, colonialism and the Cold War.
The KHRC’s position is that reparations are due to Africa for these ills, and should not be viewed as charitable donations out of the kindness of the West. Reparations cannot be traded off for debt reduction or cancellation.
IMPORTANT CAMPAIGN MILESTONES
Objective 1: Institute proceedings in the British High Court with a view to achieving a ruling compelling HMG to pay reparations to Mau Mau torture survivors
On 4 October 2006, the KHRC and its United Kingdom-based legal team, Leigh Day & Co solicitors, submitted a letter of claim to Margaret Beckett, the British foreign secretary, formally presenting their intention to sue HMG for the torture it inflicted upon the Mau Mau. The letter, which outlined some of the evidence gathered so far, also requested that HMG accept responsibility for those atrocities. Subsequently, on 2 April 2007, HMG’s solicitors responded to the letter and stated that should proceedings be issued in court, and that it would defend itself against the claims on the grounds of (a) British limitation laws and (b) laws of state succession and related case law on who is the appropriate defendant. The nature of the response, and previous statements by the British High Commission in Nairobi, indicate that HMG will ‘defend itself vigorously’ in the matter of the Mau Mau claim.
Objective 2: Build local and global awareness on the Mau Mau claim for reparations
In June 2007, the KHRC sent a team of three human rights experts to the UK where they spent a week cultivating contacts in the British media and making logistical arrangements with the support of Kenyans and human rights organisations for the implementation of a programme of events originally planned for the Suit Filing Week in February 2008. In the UK, the KHRC has the support of Fahamu, the International Federation for Human Rights (FIDH), the Kenya Community Abroad (KCA) and Mobilization for Economic Growth (MEGA)-UK chapter among others.
In May 2006, the KHRC embarked on a campaign to directly influence opinion makers in both Kenya and the UK to bring pressure to bear on HMG to accept responsibility for the obvious atrocities it inflicted upon Kenyans during the state of emergency. Most of local media institutions were supportive and have partnered with the KHRC to bring the desired publicity to the suit. Some of the international media institutions that have reported on the campaign specifically, and the Mau Mau generally, include but are not limited to Associated Press, The Guardian, The Times, the Daily Telegraph, the British Broadcasting Corporation, Al Jazeera, British Sky Broadcasting and Reuters.
Objective 3: Energise ongoing efforts for recognition of Kenyan heroes
No law has been enacted or issued officially proclaiming any Kenyan figure as a national hero. But owing to their significant roles in the process of nation-building and contributions to history, there needs to be laws enacted and proclamations issued honouring these heroes and heroines. Towards this end, the KHRC continues to play an instrumental role in the work of the Task Force on National Heroes/Heroines, which is situated in the Ministry of National Heritage (office of the vice president) as well as the national museums of Kenya’s National Exhibition on Kenya’s Struggle for Independence Project.
Objective 4: Implant the tools for comprehensive transitional justice in Kenya
The KHRC has consistently maintained that the only way to address the atrocities by post-colonial Kenyan governments lies in looking into Kenya’s painful colonial history. The KHRC is aware that many of the problems in the post-colonial Kenyan state – impunity for public officials, despotism by government, atrocities by the police and security officials, the culture of corruption, landlessness, and steep gender inequities – are either a legacy of colonialism, or were exacerbated by it.
These problems were not confined to any one region or community or even one country. Indeed, a successful investigation and accounting of the Mau Mau question in addition to the atrocities of former European colonial powers would start the process of national healing and help consolidate quest for democratisation in Africa. Consequently, the KHRC is organising the Conference on Reparations for Colonial Injustices against African People, which will bring together historians, activists and media practitioners to share ideas on this complex issue.
THE ENVISIONED LEGAL PROCESS
Issue of proceedings: HMG is required to respond to the proceedings instituted as soon as these are issued. There are two possibilities for HMG, which would form part of the preliminary phase of any eventual, full hearing:
a) It may formally apply to the British High Court to file a defence based on existing limitation laws in Britain, or;
b) It may formally apply to the courts to file a defence based on the laws of state succession, namely, that the post-independence Kenyan state inherited the liabilities of the British colonial state and, therefore argue that the post-independence Kenyan State, and not HMG, should be held to account for colonial-era atrocities.
Preliminary hearings: Should the first option apply, the court may set a date for a preliminary hearing a few months from the time of issuing of proceedings. Some questions that may arise are:
- How will this hearing be conducted?
- Will the court require evidence from both sides at this stage?
- What kind of evidence will this be? Would expert witnesses appear at this stage?
Based on the court’s assessment of what is brought before it during the preliminary hearings, there could be two results:
1) The court may find that the matter came before the courts after a very long period of time and it would be prejudicial to HMG to defend itself, or;
2) The evidence may be so compelling as to cause the court to lift the limitation law and allow the case to come to trial some months after the preliminary phase.
Trial phase: It is instructive that if the court takes the second decision, it would effectively be declaring that the suit does indeed have merit. However, either side would have the right to appeal the High Court’s decision in the British Court of Appeal, should they be dissatisfied with the court’s decision about whether or not the case goes to trial.
ELOISE MUKAMI DEDAN KIMATHI AS THE LEADER OF MAU MAU DELEGATION TO BRITAIN
‘It is better to die on our feet that to live on our knees’
Dedan Kimathi
On 18 February 1957, having been charged and convicted as a terrorist, Mau Mau Field Marshall Dedan Kimathi was hanged, his remains buried in an unmarked grave, possibly at the Kamiti maximum prison near Nairobi. To this day, his remains are unaccounted for, though it is highly probable that HMG, which executed him and certainly disposed of his remains, is in possession of information that may enable their discovery. It is believed that HMG was attempting to avoid a situation in which Kimathi’s burial site would be turned into a shrine for the Mau Mau and Kenyans, hence the secrecy with which his execution and burial were carried out.
For almost 50 years now, the family of the late Kimathi and Kenyans have been denied the right to honour him by giving him a decent state burial, which he and they deserve. Though living in a condition of destitution, Mukami Kimathi, his widow, has worked tirelessly to support the cause of the Mau Mau for recognition while being involved in activism aimed at compelling the Kenyan and British authorities to disclose information about the whereabouts of Dedan Kimathi’s remains. Consequently, the KHRC has invited Kimathi and a member of her family to lead the Mau Mau delegation in London.
Between 2001 and 2003, the family of the late Kimathi and the Kimathi Movement held a series of meetings with political leaders and bureaucrats at the home, health and justice and constitutional affairs ministries seeking their intervention in the matter of the hero’s remains. However, these officials did not act, compelling the Kimathi Movement to approach the Nairobi-based British High Commission, which was equally unhelpful. Undeterred, the family of the late Kimathi and the Kimathi Movement continued to popularise its goals by celebrating Kimathi’s life and struggles each year on the anniversary of his execution, 18 February. While the Kimathi Movement no longer exists, the KHRC remains committed to carrying out the noble initiative and will support Kimathi’s goal to follow up the matter directly with the head of state of the United Kingdom, Queen Elizabeth II.
PRINCIPAL PARTNERS IN THE CAMPAIGN
- The Mau Mau War Veterans’ Association (MMWVA) – the only officially registered Mau Mau advocacy group with the political clout, drive and capacity to pursue such a complex legal-political and historical affair such as the reparations suit and heroes’ recognition agenda
- Kenya Oral History Centre – offers expert advice on the history of the colonial government in Kenya and for making contacts with Mau Mau
- Awaaz – Kenya south Asians history magazine
- Paul Muite & Co advocates – lead counsel for Mau Mau reparations suit and link institution to Human Rights Matrix Chambers
- Mbugua Mureithi & Co advocates – offers expert advice on evidentiary matters such as development of claimants’ statements
- KCA-UK – a North America-based Kenyan diaspora umbrella group
- Fahamu – UK-based human rights organisation assisting with publicity and networking with progressive individuals and institutions
- Caroline Elkins, Faculty of African Studies, Harvard University – Mau Mau historian and advisor on colonial history, Kenyan heroes and reparations
- David Anderson, Oxford University – Mau Mau historian and advisor on colonial history, Kenyan heroes and reparations
- Leigh Day & Co advocates – lead counsel for Mau Mau reparations suit and link institutions to Human Rights Matrix Chambers.
* Kenya Human Rights Commission (KHRC) is based in Nairobi. For more information about the Mau Mau reparations campaign, please contact .
* Please send comments to [email protected] or comment online at http://www.pambazuka.org/.
This UNEP Programme aims at enhancing expertise to generate carbon credits in land use, land use change and forestry (LULUCF) as well as bioenergy activities in Sub-Saharan African countries. The programme will provide a hands-on, learning by doing approach in which local developers are given the opportunity to develop and prepare Project Idea Notes (PINs), Carbon Finance Documents (CFDs), and/or Project Design Documents (PDDs) through direct technical assistance and capacity building to pilot projects.
As one amongst millions of Kenyans that support your business, I am rather disappointed in you. Actually, I am disgusted. I know that in the past you have often submitted to eating a piece of the stolen pie but I was under the impression that it was all over after you realised that those strange feelings of guilt and sleepless nights caused by your willingness to give money precedence of morality were just not worth it.
Representatives of UN Member States, UN entities and ECOSOC-accredited non-governmental organizations (NGOs) from all over the world are attending the 53rd Commission on the status of Women which is being held at the United Nations headquarters in New York from 2 to 13 March 2009. The session is being convened under the theme:” The equal sharing of responsibilities between women and men, including care giving in the context of HIV/AIDS”
The pursuit of international justice for perpetrators of atrocity crimes necessarily has political implications – from shifting the balance of power within a country, to requiring other states to cooperate when doing so may adversely affect their own interests, to confronting both international and domestic actors with the undesirable task of weighing the benefits of peace against the costs of impunity.
The four women and one man arrested in Harare on Wednesday finally appeared in Harare Magistrate’s Court this morning on charges under Section 37 (1) (a) (i) of the Criminal Law (Codification and Reform) Act – “disturbing the peace, security or order of the public”. They were released on bail of US $50 each by Magistrate Olivia Mariga and remanded out of custody to 19th March. They also have to report to their nearest police station every Friday.
Mango provides practical financial management training for NGO staff and board members working in development and humanitarian aid. Mango’s courses are carefully designed to meet the real needs of staff working in the field and behind the scenes at head office. This March we’re coming to Nairobi, Kenya. Our courses have been professionally developed over years, using interactive, lively and highly effective techniques. They are based on real experience of NGO work.
We are deeply saddened by the demise of George Paul Oulu ( GPO) from the bullets of unknown assailants. GPO died in company of Kamau Kingara, Executive Director of OSCAR Foundation at around 6.30 pm on State House road. Important to note he was shot dead less than 1KM to Kenya's State House where the President of Kenya resides.
Eye witnesses, students from University of Nairobi, who saw the occurrence from the vantage point of their storeyed hostels say the killers were 2 men smartly dressed in suits and who did not seem to be in any hurrry over their mission. "They acosted them in the traffic jam and shot them point blank" said one eye witness.
GPO Oulu is a former University of Nairobi student's leader. Since he left university we have worked with him in grass root mobilization and we have never known him to have any criminal links. Like all of us in grass root mobilization activism, we knew him as a patriotic and law abiding citizen who frowned at social injustices and wished for another Kenya with no impunity.
Kenya has lost its gallant son, the heavens rejoices and he's happy to be in the company of fellow heroes Field Marshal Dedan Kimathi, Pio Gama Pinto and JM Kariuki with whom he shared the spirit of liberation.
Yes, Kenya mourns her son, the world will miss you, GPO OULU we know you are heaven smiling at us; we miss you and even though you are gone we are still a team!
Bunge la Mwananchi
© This evening, two leading human rights defenders, Mr. Oscar Kamau King’ara and Mr. John Paul Oulu (also known as GPO), both of Oscar Foundation, were executed in cold blood by a group of men in two vehicles. The two were driving to meet Mr. Kamanda Mucheke of the Kenya National Commission on Human Rights at his office. Eyewitnesses have said that the assassins were policemen. In fact, the minibus driver was in police uniform.
An eyewitness at the scene was also shot in the leg and was later taken away from the scene by policemen. We are calling upon the police to reveal the whereabouts of this man since he might be the only one who can positively identify both the assassins and their vehicles. Therefore, we fear for his life.
Oscar was a trained lawyer and a human rights advocate who was the Chief Executive Officer of Oscar Foundation. He was a member of the Law Society of Kenya.
Mr. GPO Oulu was a former student leader, and an educationist who has worked for many human rights organizations, including the Youth Agenda. He left the Youth Agenda recently to join the Oscar Foundation as the Communications and Advocacy Officer.
Oscar Foundation is a registered charitable organization that offers free legal services to the poor. Some of its major projects include organizing caravans to offer free legal aid to the poor around the country. They have a strong track record researching corruption in the police force, the prisons, and police brutality against the urban poor. The latest activity was researching and documenting cases of enforced disappearances and extra-judicial killings.
The Oscar Foundation has been a major source of information to Parliament on atrocities playing out against the poor in the country. On February 18, 2009, before Parliament debated the motion on extra-Judicial killings, he presented Oscar Foundation’s findings on ongoing extra judicial killings to Hon. Peter Mwathi, the motion’s mover. Their last engagement with Parliament was a presentation to the Kioni Committee investigating organized gangs a couple of days ago.
We believe they were killed because of the sensitive information they had shared with both the Prof. Philip Alston the UN Special Rapporteur on Human Rights, and with the MPs.
Where we are in Kenya today is where the Jews were in Nazi Germany shortly before the Holocaust. The Nazis stage-managed a smear campaign that made the public hate the Jews and allow for their extermination.
During the Emergency the colonial government hired collaborators to commit atrocities which they blamed on the Mau Mau to give them a bad name so that they could exterminate them.
We hold the Government Spokesman Dr. Alfred Mutua complicit in the two murders for making wild allegations that the Oscar Foundation was a civil society front for Mungiki, and they were going to deal with it. What does he know about the assassinations? Was this what he meant by dealing with the Oscar Foundation?
As we condole with the families of the deceased, we assure them, and the nation that their deaths are not in vain.
Signed
Kenya National Commission for Human Rights and other Kenyan Civil Society Organisations
cc We are a year away from the shocking events of last year — a Presidential elections whose results (we are told) can never be definitively known and the violence that followed the belated (and then hurried) announcement of the supposed results. The net effects we all now know—over 1,000 deaths, a third of which were at the hands of our security services, women (and some men) sexually violated by perpetrators of all forms of violence, over 300,000 internally displaced from no less than four provinces, the destruction of homes and livelihoods —and too, the base of economy and staple food supply. Land is a time bomb — not waiting to happen (as it has already happened), but waiting to re-explode. We cannot take another explosion. This second year of the Grand Coalition government needs to protect us from the same. And we need to all ensure that it does, writes L Muthoni Wanyeki.
A MODEL OF SUCCESS?
The mediation process guided by Kofi Annan, former United Nations Secretary General, at the behest of the African Union and with the support of many bilaterals under the UN, is credited with saving the day. But there are many Kenyans, here and abroad, known and unknown, who contributed to the mediation process’ success.
An as yet untold story—how the Kenya Red Cross, tasked by the government (such as it was at the time) with the tacit support of the heads of UN agencies involved in humanitarian work ensured the face and leadership of the relief effort was Kenyan. Preventing the kind of feeding frenzy too often witnessed in other conflict situations as international relief organisations run roughshod over national efforts, compromising national ownership and, more importantly, the balance between relief and what is required politically to ensure the move from relief to sustainable recovery.
And there are still many untold stories relating to the relief effort—not just all of the Kenyans who gave of their resources to support the Kenya Red Cross, but those who acted where the Kenya Red Cross could not initially go.
However, relief alone obviously was not enough. The causes needed as much attention as the symptoms. Another as yet untold story—the numerous coalitions of citizens who came together to demand a return to peace. The former diplomats who initiated the Citizens Coalition for Peace, shuttling back and forth between the protagonists, trying to lay the ground for negotiations. Kenyans for Peace with Truth and Justice, the National Civil Society Congress and the women’s bi-partisan initiative, who condemned both the elections and the violence, demonstrating there were national voices opposed to the pretence that life could go on as usual and helped up the domestic, regional and international pressure for negotiations to commence. The academics who worked with them to develop scenarios eventually considered by the mediation process on how to move forward. The private sector lobbies under the Kenya Association of Manufacturing and then ultimately the trade unions who used those scenarios to expand their own capacity for bringing domestic pressure to bear.
Individual African states as well as various mechanisms of the African Union—from the Forum of Retired African Presidents to the panel of eminent personalities and the African Commission on Human and Peoples’ Rights—who ensured regional engagement and pressure until a compromise was reached. With the full support of individual member states and mechanisms of the United Nations.
Kenya thus may have been a dramatically unexpected African failure. But we were also, in the end, an African success — we were lucky. That the violence ensued so fast and unexpectedly that many domestic points of leverage—individuals and institutions were still here, standing and able to play a role when the state proved itself incapable and unwilling to do so. That is not the case elsewhere — Zimbabwe is one example, where the haemorrhage of its human resources and institutions has been on-going for almost a decade. And while there is talk of our having provided a model for intervention in times of crisis—with the UN now having established the permanent capacity for mediation efforts of this kind—it is therefore not a model that is necessarily replicable. Not just because of the domestic aspects to our success—but also because the regional aspects to our success cannot be counted on in all instances — the AU’s determination to intervene constructively here was itself dependent on many factors, including not just our geo-political strategic importance to the region, but also the pan-African connections of domestic players at all levels and the awareness and knowledge of how to engage the AU’s mechanisms and processes.
MANY UNTOLD STORIES
But success in those terms is, evidently, not necessarily success at definitively resolving both symptoms and causes. And now, one year away, re-visiting the substantive content of the mediation process’ agreements is important. A package of actions and reforms was agreed to — in fact, the scenario initially placed on the table for resolution of the political impasse proposed a coalition government whose mandate and term would be limited and tied solely to achievement of those actions and reforms. Some progress has been made, to be sure — but progress on the most fundamental of actions and reforms remains to be seen. And, as we enter into the second year of the so-called Grand Coalition government, we must re-focus our attention on the same — even amidst all the drama. distraction and noise created by the lurching of the Grand Coalition government from one new crisis and scandal to another. Electoral terms end far sooner than we imagine — evidenced, astonishingly, by the emergence of succession debates as early as last year — and we simply cannot (cannot) afford to enter into another electoral process in four years without resolution of the actions and reforms agreed to.
To follow up on the actions and reforms agreed to by the mediation process, Annan has his own monitoring and evaluation framework, developed by Kenyan academics. The Grand Coalition government too has an M&E framework — with many actions and reforms tasked to the Ministry of Justice, National Cohesion and Constitutional Affairs and others finding reflection in Vision 2030. But M&E frameworks aside, I want to refer simply to the mediation process agreements themselves — which more than adequately outline the basics demanded of us.
AGENDA ITEM ONE: ENDING THE VIOLENCE
Agenda Item One had to do with ending the violence, including ensuring the security services acted within the bounds of the Constitution and the law and disarming and demobilising all armed groups.
The Commission of Inquiry into the Post Elections Violence has established, damningly, the full extent of the failure of our security services to act within the limits of the Constitution and the law during the crisis. The National Security and Intelligence Service is condemned for having interfered with the electoral process. The Kenya Police Force and the Administration Police stands accused of not just accounting for no less than a third of all deaths during the period, but also of having committed criminal acts including looting and sexual violence.
The CIPEV thus recommended a wide range of security sector reforms — including addressing questions of chain of command, merging the KPF and the AP under a new Police Commission, establishing civilian, statutorily backed oversight and fast-tracking investigations into and prosecutions of, in particular, all individual members of the security services accused of sexual violence. Importantly, while noting that training of the security services in human rights (including women’s rights) is on-going, the CIPEV also stressed that training without accountability—at all levels is, ultimately, irrelevant.
Since the CIPEV report’s release, the focus has largely been on investigations and prosecutions of those found by the CIPEV to bear greatest responsibility for the organised violence in the north Rift and the equally organised counter-attacks in Central, Nairobi and the south Rift. What has escaped notice is thus follow up with respect to security sector reform. The KPF did, it is true, establish what it called an oversight body with some civilian participation — but this effort was dismissed by the CIPEV as insufficient to assure accountability. And the KPF also established a task force to investigate claims of sexual violence by its members — but women’s organisations coopted into that task force have withdrawn from it given their lack of influence over its work, its failure to investigate in a manner that would ensure women both come forward and receive adequate attention to fears of reprisals for having done so. The broader questions of security sector reform remain obscure to the general public. The process needs to be opened up — and, in doing so, the general public must insist that the security services do not manage to focus attention solely on questions of capacity (equipment, numbers, resources and training) but also address substantively questions of approach (accountability).
Questions of justice remain pertinent — for all levels of perpetrators, civilian and security service, not just those with greatest responsibility. The fate of the proposed Special Tribunal to try the latter is now uncertain, following last week’s events in the House—and, even if eventually established, the question is whether all the safeguards on its independence and operational capacity proposed by the CIPEV will remain in place.
As for disarmament and demobilisation of all armed groups, very little appears to have happened. Yes, the armed forces seem to have addressed the armed group active in Mount Elgon—the Sabaot Land Defence Force — but did so in a manner inconsistent with human rights. More importantly, the SLDF was not a protagonist in the crisis. Attention needs to be played to what has happened with the armed group that become increasingly organised during the crisis in the north Rift — what happened to its structure, its alleged training areas, its allegedly increasingly modern weapons. This is particularly so in light of recent warnings that preparations for renewed violence are underway — tied to the parliamentary discussions of the bills establishing the Special Tribunal. Similarly, attention needs to be paid to the allegedly breakaway/parallel Mungiki that was active in the south Rift during the crisis—for which funds had been raised and arms procured.
It is true that there have been repeated reports of disruptions of Mungiki recruitment drives and meetings over the last couple of months — with arrests aplenty. Models for disarmament, demobilisation and reintegration exist aplenty from Africa’s other armed conflicts. But the fact is that the incentives to disarm and demobilise here simply do not yet exist — for Kenya’s mass of un/and underemployed young men, groups such as Mungiki provide not just a source of identity and common cause, but economic livelihoods from protection rackets that nothing else on offer yet rival as well as the means for political engagement — however ultimately fruitlessly—through their constantly shifting political alignments with individual politicians or groups of politicians. It is clear therefore that Agenda Item One is far from being conclusively addressed — and that doing so will require far more openness to ideas and input on the part of those responsible for our security than currently is the case.
AGENDA ITEM TWO: RESTORING FUNDAMENTAL FREEDOMS AND ADDRESSING THE HUMANITARIAN CRISIS
Agenda Item Two dealt with the restoration of fundamental freedoms and the humanitarian crisis.
Critical limitations on fundamental freedoms — such as the ban on live broadcasts — addressed at the time obviously resurfaced in terms of the more obnoxious amendments passed to the Communications Act. What this shows — as does the fact that it has been virtually impossible to demonstrate peacefully in public since last year — is two things. First, it shows that the mindset that considers the enjoyment of our full range of human rights (including, notably, the rights to the freedoms of assembly, association and expression) an impediment to security persists. While this is not entirely surprising, given that our security is still precarious and the security services feel themselves to be on the defensive, it is unacceptable. It is also unstrategic as the more that people’s human rights are suppressed, the more motivation is provided for people to challenge security in more fundamental ways. Second, that there is an apparent dearth of ideas on how to achieve both — again, far more openness is required to help move forward.
As for the humanitarian crisis, yes, Operation Rudi Nyumbani has taken place. Yes, the initial, large and services camps for IDPs have been disbanded. But, a contested number of IDPs have simply moved into smaller, unserviced camps — in some documented cases, against their wills (and thus against regional and international standards for addressing internal displacement). And other IDPs have complained of both the insufficiency of the funds and resources provided for resettlement as well as corruption in the administration of the same.
Part of the problem has been conceptual. Not all IDPs were small scale farmers, with land to return to. Some of those who were — and were able to return — still find themselves unable to re-build and actually reside on their farms due to persistent security concerns, despite the additional police posts in the vicinity. But others, including many of those who were small and medium size business owners, renting both residential and business premises, cannot find landlords willing to rent to them again. Others were migrant workers on flower and tea farms in the south and north Rift, as well as Central respectively — and while some farms have individually taken responsibility to assure them of the safety to return, others have bowed to localised pressures to hire only those deems to be ‘indigenous’ to the locality. And while many community-based and provincial administration peacebuilding initiatives are underway, they have tended to focus only on the immediate — not the long-term grievances (such as land) among those considered now to be ‘host’ communities.
What is needed is a more careful categorisation of IDPs and their specific needs for resettlement—as well as a focus on the legitimate grievances of the so-called ‘host’ communities. Without the same, the resettlement process can only be tenuous.
AGENDA ITEM THREE: THE POLITICAL SETTLEMENT
Part of the political settlement was to be addressed by the Independent Review Commission. While ultimately unhelpful in terms of determining the specifics of what happened, the specifics of the effects of what happened in terms of supposed electoral outcomes at the presidential level and the specifics of all those individuals and institutions from whom accountability should be sought, the IREC’s report has been useful in terms of reiterating the need for fundamental electoral reform.
The Electoral Commission of Kenya having thus been made the sole scapegoat for the electoral farce, it has been disbanded with nothing short of alacrity. An interim ECK is now expected to be established, together with a commission tasked with the review of electoral boundaries. The latter will deal with one long standing electoral concern—the gerrymandering that has happened in the past that has ensured that one (wo)man’s vote is not the same as another (wo)man’s vote across the country.
While this is positive, it must be noted that the determination of new constituency boundaries is likely to be as politicised a process as all other elements of electoral reform expected to be addressed by the constitutional process—particularly that concerning moving away from a winner takes all electoral system.
The rest of the political settlement had to do with the establishment of the Grand Coalition government, about which there were three main fears. First, that the offices of the President and Prime Minister were equally weighted—which, as the tug of war between the PM and the Head of the Civil Service has shown, they are not. What this portends for the necessary constructive interplay between the Executive and the House with respect to reform is alarming—and needs to be addressed sooner rather than later.
Second, however, was the fear that with both sides in government (and such an unprecedentedly large government at that), we would lack an effective opposition. The obviously self-interested and unprincipled efforts at establishing a so-called ‘grand opposition’ notwithstanding, this is a fear that has clearly proven unfounded. Tensions persist between the two parties to the Grand Coalition government. Tensions also exist within both parties to the same—occasioned by succession concerns within the Party of National Unity and occasioned by differences between the PM and the Coast and Rift Valley blocks of the Orange Democratic Movement on matters ranging from justice to the Mau forest. What that means is that leverage exists between and within parties to the Grand Coalition government for issues normally brought forward by the official opposition to emerge—and that is a good thing—even if they emerge essentially to answer power plays of one kind or another rather than principle.
Third was the fear that the Grand Coalition government would not last. This fear too has proven unfounded — not a single parliamentarian has any intention of submitting to a new electoral process before her/his five year mandate. On the surface, therefore, we can expect the Grand Coalition government to last — however nominally. Below the surface, however, we can expect the configuration of the parties to the Grand Coalition government to be altered beyond recognition—an alteration in which the succession debates particularly within Central are likely to be most significant.
And that is our political settlement — amoral, unwieldy but likely to hold, if in new ways.
AGENDA ITEM FOUR: LONG TERM ISSUES
More than any other, Agenda Item Four was meant to address the root causes of the crisis through: transitional justice; constitutional reform; addressing inequality; land reform; and addressing the youth bulge.
Speaking to a Kenyan audience last year, Ugandan Professor Mahmood Mamdani of Columbia University noted that: ‘violence is not its own explanation.’ What he meant was that all the investigations into who committed violence and how did not necessarily always adequately account for why they did so. We have recognised that fact through the passing of the bill to establish (finally!) a Truth, Justice and Reconciliation Commission as well as the passing of bills to (finally!) conclude our constitutional reform process. The acts are not without fault—negotiations on the same by the House were inevitably clouded by the tensions and self-interests referred to above.
But, however flawed the processes thus unrolled might be, what we need to focus on now is the substantive content brought to bear on the same. The devil is in the detail—resolving historical injustices will mean both retributive and restorative justice processes for survivors, victims and their families. Constitutional reform that matters has to address, at a minimum, Presidential powers, the separation of powers, checks and balances and our electoral system — as well as, importantly, ensuring constitutional enhancement of equality rights — for an expanded list of protected grounds, notable among which must be gender/sex and ethnicity.
So far, all we have done with respect to equality is pass the utterly inadequate Ethnic and Race Relations Act — which not only failed to define discrimination (direct and systemic) but failed to elaborate the ways in which the one protected ground it addressed (ethnicity/race) interplays with other protected grounds (through compounded/multiple discrimination). And failed too to propose the range of measures that can and must be taken when discrimination is found to exist. We do not have problems of an ethnic nature solely because we are ignorant and uneducated about ethnicity — for which public education would be a sufficient response. We have problems of an ethnic nature because direct and systemic discrimination against us has occurred in the past and continues to occur — for which no remedies were proposed. Issues of equality thus need to be taken up both in the constitutional reform process, as well as in all matters relating to national planning and service delivery through the national budgeting process.
But if we are as yet unprepared for the above, we are even less prepared it seems to address land reform and the increasingly urgent issue of youth bulge—and both taking gender and women’s human rights fully into account. For example, with respect to the latter, while it is a concern that an inordinate section of our population is demographically categorised as ‘young’ and un/underemployed, it is clear that with young women still bearing primary responsibility for reproductive and community labour, the problems associated with un/underemployment are different for them as compared to young men.
Meanwhile, on the first front — land reform — the draft land policy (which does take gender and women’s human rights into account) is still apparently inexplicably stuck at the Cabinet level. There seems to be no impetus to move it forward. And too, there appears to be no action on actually beginning to map out the different levels of legitimate claim to land that will need to be taken into account and addressed before any fundamental restructuring of land ownership and tenure patterns established under colonialism can take place. Neither has there been any evidence of movement to resuscitate and move on supra-shifts in land ownership and tenure occasioned by corruption—as well spelt out in various reports easily available to us, such as that of the Ndungu Commission.
As we have seen, land is a time bomb — not waiting to happen (as it has already happened), but waiting to re-explode.
We cannot take another explosion. This second year of the Grand Coalition government needs to protect us from the same. And we need to all ensure that it does.
* L. Muthoni Wanyeki is the Executive Director of the Kenya Human Rights Commission (KHRC) * Please send comments to [email protected] or comment online at http://www.pambazuka.org/
* A shorter version of this article appeared in the East African
For three days (Monday 23rd – Wednesday 25th February) the appeal against the historic High Court judgement on the rights of poor communities to equitable, adequate and affordable access to, and enjoyment of, water was heard in front of the Supreme Court of Appeal (SCA) in Bloemfontein. On the first day of the hearing, the small court over-flowed with residents of affected communities in Gauteng and the Free State, under the banner of CAWP. Also present throughout the hearing were two of the original complainants in the case – Jennifer Makotsoane and Grace Munyai.
eLearning Africa is delighted to announce that this year’s conference, the fourth in the highly successful series of pan-African gatherings, will take place in Senegal. In May 2009, the Continent’s largest annual assembly of eLearning and education professionals from Africa and beyond will convene in the capital, Dakar.
We, the organisations united in the search for truth and justice, welcome the report of the United Nations Special Rapporteur on Extra Judicial Executions, Prof Philip Alston. We praise it for its clarity and candour, perceptiveness and precision as well as its bold recommendations. The mountain of evidence in the report is only a confirmation of what our membership that is engaged in human rights work have known and condemned for a long time – that sections of the security forces have been turned into killer squads with no respect for human life; they have become a law unto themselves.
Soaring food prices and lack of land have forced Mauritius, a net food importing country, to launch an ambitious initiative. The island state is starting to grow its food in other African states where land is lying fallow and labour is cheap. Mauritian agro-entrepreneurs Murveen Ragobur and Gansham Boodhram are back from Mozambique where they cultivated rice on a trial basis last year, as well as potatoes and onions for the local market.
The Network for Justice and Democracy, a Nigerian based NGO dedicated promoting and defending reproductive rights, gender equality and advancing the cause of democracy through advocacy, education and research, is pleased to announce its publication titled "HIV/AIDs, Human Rights and Law". The book is a treatise of 10 chapters of 217 pages containing basic facts on HIV/AIDs, impact of the disease, prevention, treatment care and control of HIV/AIDs, strategies to combact the HIV/AIDs pandemic, vulnerability of girls, women and youths to HIV/AIDs, Gender and HIV, HIV/AIDs and Human Rights, Case laws and legislations on HIV/AIDs world wide.
The book is intended to serve as a practical aid to the understanding of the problem of trafficking in persons and aims to encourage effective actions taken by the various international, regional and national initiatives to curb the menace of human trafficking. It also contains an exhaustive list of Appendices on international conventions, treaties and national legislation on human trafficking to serve as useful reference materials for research.
Price of book is $20.
This book is produced on behalf of the Network for Justice and Democracy, a non-governmental organization that is dedicated to the promotion of reproductive rights, women empowerment, advancing the cause of democracy and access of women to justice in Nigeria. The book documents laws and policies, which impact women's
reproductive health and rights and shape their reproductive choices. An exhaustive list of Appendices has been added to serve as a compendium of treaties, statutes and legislation in this novel area of law.
The 3rd International IDIA Conference will be held in Africa in order to make it easier for interested parties of this continent to participate. The conference is aimed at researchers, policy-makers and reflective practitioners. It will be managed by the School of Information Technology, Monash South Africa (Johannesburg). Monash University is seeking to accelerate its engagement internationally, and this conference reflects this commitment.
The CGIAR Gender & Diversity Program warmly invites applications from qualified African agricultural women scientists for this innovative and exciting fellowship program. Available to women agricultural scientists from: Ethiopia, Ghana, Kenya, Malawi, Mozambique, Nigeria, Rwanda, Tanzania, Uganda, Zambia. AWARD offers specially tailored two-year career development fellowships, available at three levels: post-Bachelors, post- Masters and post-doctorate. The deadline for all applications: Monday March 30, 2009
Free press or the right to free expression is a human right duly recognized by international human rights law as well as under Kenya’s domestic law. In the context of Kenya, refugees reside in the urban and rural locations of Nairobi, Mombasa, Nakuru, and Kakuma and Dadaab refugee camps respectively.
Field posts serve as a point of direct contact between refugees and UNHCR staff in airing complaints and rights claims. They serve to monitor the treatment of refugees and ensure that their rights are upheld. But many refugees claim that the system is failing in its critical protection function.
“It has long been said that security begins with you,” states a Darfurian man in the midst of a crowd demonstrating at the UNHCR Compound on 2 Februrary 2009 after a fellow refugee and security personnel was shot. Darfurians demonstrated at the main gate of the UNHCR compound to express their grievances to the official bodies responsible for protecting refugees against attack and insecurity. They addressed their concerns to UNHCR, implementing NGO agencies, and the Kenyan Government.
Behind the Mask is inviting applications for the French Reporter/ Translator Position. This position is more suitable for people who are of African descent and who identify as Lesbian, Gay, Bisexual, Transgender & Intersex (LGBTI) but not exclusive to heterosexual people. Closing date for applications is Wednesday, 25 March 2009. Please forward your applications to [email][email protected] Telephone enquiries can be made by calling +27 11 403 5566. For more information on the organisation, please visit
A team of scientists has discovered that Africa’s rainforest trees are getting bigger and storing more carbon from the atmosphere in their trunks, which has significantly reduced the rate of climate change. Trees and plants use carbon dioxide (CO2) to produce food thus ridding the earth from the harmful effects of the gas.
This short introductory course provides grounding in the basic principles of human rights and human rights based approaches to development. It also introduces participants to the international and regional conventions and instruments, which encode human rights.
Course Length: Residential - 1 week/Distance – 5 weeks
Dates: Ongoing throughout the year – available on request
This course aims to develop the skills of conducting and reporting impartial and accurate research into human rights abuses.
Course Length – 5 weeks face to face /Distance learning – 20 weeks
Deadline for application: 9th March 2009/29th June 2009
This course is designed to enable participants to develop effective conflict prevention strategies that can allow constructive dialogue between contending views without the need to resort to the use of violence. It is designed to strengthen the capacity of individuals and organizations to engage in conflict prevention, including early warning systems.
Course Length: Residential – 3 weeks/Distance – 16 weeks
Deadline for application: 4th May 2009/10th August 2009
I believe that the Malagasy should try to at the political level and without the intervention of the Churches or of the tradition i.e. fihavanana. It's time for them to judge the person in power on the basis of their political agenda. Otherwise the people will be always at the periphery of state and in the case of Madagascar this sounds like to go back to the French presence that established her power on the DIVIDE ET IMPERA.
Pambazuka News 421: Zimbabwe: Transitional justice without transition?
Pambazuka News 421: Zimbabwe: Transitional justice without transition?
Twin explosions Sunday killed 11 Burundian troops at a compound used by African Union peacekeepers in Mogadishu, Somalia, authorities said. Shabelle Media Network reported al-Shabaab, an Islamic extremist group with ties to al-Qaida, claimed responsibility for the attack. Al-Shabaab spokesman, Sheik Mukhtar Robow Abu Mansoor, said one of their fighters detonated a jacket laden with explosives inside the Burundian base and another suicide bomber exploded his car.
Works can be nominated for prize consideration in the individual competition categories until March 6, 2009. Nominations are recommendations; thus, nominated projects are not automatically entered in the competition. The nominated artists will be contacted by the organizer before the jury convenes. Then, projects must be formally submitted by the artists themselves prior to the entry deadline and in accordance with all competition criteria in order to be entered in the competition.
Sokwanele's ZIG Watch project has been documenting violations of the Global Political Agreement (GPA) signed between Zimbabwe's three main political parties. Through this article, Sokwanele aims to familiarise our readership with sub-clause 18.5(j), one of ten sub-clauses falling under Article XVIII of the Global Political Agreement (GPA) signed on September 15th 2008. Article XVIII of the GPA sets out to ensure the security of all Zimbabweans and to prevent future political violence.
CODESRIA/SEPHIS is pleased to announce its Equity Policy Dialogue 2009 and to invite interested researchers and policy makers to submit abstracts and paper proposals for consideration for presentation at the policy dialogue which is scheduled for 1st - 3rd October in Dakar, Senegal. The policy dialogue will bring together experts, activists and policy makers from all regions of the South.
An appeal submission is being prepared for an asylum claimant in Thailand who is from DRC. His case is being adjudicated by UNHCR. The refugee has been rejected on the grounds that he can go to an alternative part of the country, i.e. Kinshasha.
Some 3,000 African asylum-seekers have to leave Tel Aviv because of an August 2008 ruling by the Israeli Ministry of the Interior. The ruling permits asylum-seekers to reside and work only in towns and cities north of Hadera and south of Gedera, about an hour’s drive from Tel Aviv, where they now live. The ruling was initially imposed only on newcomers but in recent months asylum-seekers living in Israel for longer periods have experienced the same constraints on their work permits, forcing them to leave their homes.
Hundreds of members of Women and Men of Zimbabwe Arise (WOZA/MOZA) delivered a petition to the new Minister of Education, Senator David Coltart today in Harare. Whilst leaders tried to deliver the petition to the minister, with whom they had an official appointment, riot police indiscriminately beat the peaceful group that were waiting for the minister to come and address them. At least 10 members have been arrested. The full extent of the injuries sustained are not clear but at least one woman is unable to walk and an ambulance has been called for her.
The International Federation of Journalists (IFJ) and its regional body the Federation of African Journalists (FAJ) has condemned the persistent intimidation of the editor and co- proprietor of the Point Newspaper, Pap Saine by the Gambian authorities.
We would like to inform you about the decision taken by the EC-UN Joint Migration and Development Initiative (JM&DI) to extend by two weeks its call for proposals’ deadline. This Call for Proposals was launched at the Migration for Development Fair the 3rd of December 2008. It targets civil society organizations and local authorities. The new deadline is now March 27 2009, 12:00 Brussels time.
Five members, four women and one man, will spend the night in Harare Central
Police Station tonight following their arrest this morning whilst trying to hand
in a petition to the Minister of Education. Lawyers from Zimbabwe Lawyers for
Human Rights have not been allowed access to their clients so the details of
what they will be charged with are not known. Food has been allowed in to the
group this evening (Feb 25).
New Tactics are pleased to announce that our workbook, ‘New Tactics in Human Rights: A Resource for Practitioners’ is now available for download in Arabic. The New Tactics’ book is a collection of 100 innovative tactics being used by the international human rights community. This workbook is meant to illustrate the breadth of tactics and the power of tactical and strategic thinking. You can find many other translations of this book on the Workbook page!
Africa may be bracing for a commodities bust, but the still-rich investors of the Persian Gulf are doubling down here. Through the worst of the global financial crisis in recent months, Gulf investors have committed to pouring billions of dollars into sub-Saharan Africa. The timing comes just as recessions in much of the developed world, and sharply slowing growth almost everywhere else, threaten most other cross-border investment flows.
The trial of WOZA leaders Jenni Williams and Magodonga Mahlangu on charges of disturbing the peace is set to resume today in Bulawayo Magistrate’s Court. In the meantime, five WOZA activists have spent the night in custody in Harare Central Police Station. More information on both these stories will be made available soon.
Trade and cultural exchanges will benefit from direct flights between Beijing and Algeria which started earlier this week. The inaugural flight landed in Beijing Capital International Airport in the early morning of February 23 after flying 11 hours from Algeria's capital Algiers. Previously, it took travelers at least 16 hours to get the other city, as they had to transfer flights.
Minister of Trade and Industry Rasheed Mohamed Rasheed started on Tuesday 24/02/2009 important talks in Beijing with senior Chinese officials on ways of deepening bilateral economic relations. The talks focused on promoting Egyptian exports to the Chinese market to correct the imbalance in trade that tilts in China's favor by billion.
Dubai-based Gulf Research Centre (GRC) has organised the first high-profile forum to discuss the increasing importance of Africa to the UAE and wider Gulf's future. The Gulf-Africa Strategy Forum 2009 takes place on February 24 and 25 in Cape Town, South Africa, and aims to cement the Gulf-Africa relationship by offering an in-depth assessment of the status of ties and a clear outlook to where the relationship could be heading.
Britain is joining the latest scramble in Africa – to reverse decades of decay and even the disappearance of large parts of road and rail systems – with a $1bn (£690m) project to rebuild the transport network across the south of the continent. The UK has announced an agreement with eight African countries and the World Bank that will see the reconstruction of 5,280 miles (8,500km) of roads and the rejuvenation of 373 miles of railways, including some new track and the upgrading of border posts.
Despite its failure to host the 2011 All-Africa Games, Zambia has been assured by the Chinese government that its 50 000-seater Ndola Stadium will still be constructed. Chinese President Hu Jintao last week said his country is committed to improving sports infrastructure in Africa and will soon commence construction of a modern stadium in Zambia.
Zambia expects foreign direct investment to reach $2.7 billion in 2009 despite the global economic downturn as investors rush to take up tax breaks, the government's trade minister said. Zambia has in the last five years liberalised its investment policies, awarding tax incentives to foreign companies in a bid to grow the economy and create wealth and employment.
China has extended a total of $100m (about sh197b) loans and grants to Uganda in the last five years. The Chinese government has provided Uganda interest free loans and grants to set up different projects in the country totalling $100m since November 2003 to date, the former industry state minister, Prof. Ephraim Kamuntu, said
India and Mozambique on Thursday signed two agreements for promotion of trade and Investment and strengthening the cooperation in economic, cultural, scientific and technical areas. The agreements were signed by Union Minister of State for External Affairs Anand Sharma and Mozambique Foreign Minister Oldemiro Baloi at Hyderabad House.
Despite the global air cargo turmoil, carriers are confident that the westbound Asia-Africa trade will continue to offer good prospects. Correspondent Phil Hastings looks at the airlines focusing on the African continent. Chinese investment in African infrastructure has provided a significant boost to air cargo traffic between Asia and Africa over the past two or three years.
This is a call for materials for a contemporary Reader on African sexualities, which is being developed and edited by Prof. Sylvia Tamale-outgoing Dean of Law at Makerere University and Coordinator of the Law, Gender and Sexuality Research Project at the Faculty of Law. This seminal work will be a compilation of diverse populist and academic pieces that either engage with or inform sexualities enacted all over the African continent.
On 25th February 2009, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Prof. Philip Alston, released his findings on the matter of extrajudicial killings in Kenya and his recommendations include that the Attorney General, Amos Wako and the Commissioner of Police, Major General Hussein Ali should immediately be sacked by the appointing authority. His verdict on extrajudicial killings was clear – that there is indeed systematic, widespread and carefully planned elimination done at will and with utter impunity.
Africa Centre for Open Governance (AfriCOG) is seeking a qualified and experienced Programme Intern to provide support and assistance in all matters relating to the programme implementation functions of the organisation.
A UN report has urged developing countries to move away from selling their natural resources and concentrate instead on manufacturing. The report, titled ``Industrial Development Report 2009'', was launched by the UN Industrial Development Organisation (UNIDO) Tuesday. It stated that ``selling raw materials leads to insecurity and does little to ease poverty for the `bottom billion - those living on less than US$ 1 a day''.
On March 6, San Francisco district court Judge Susan Illston will hear a motion for a retrial for the Bowoto v Chevron case. Last fall, a jury found Chevron not liable for paying the Nigerian military in 1998 to shoot and kill unarmed protesters who were protesting the lack of jobs and environmental damage caused by Chevron in their community.
Ex-Malawian President Bakili Muluzi has appeared in court accused of stealing $11m (£7.7m) in donor money. Mr Muluzi was charged on 80 counts of allegedly siphoning aid cash into his private account. The 66-year-old was arrested earlier after turning himself in to the Anti-Corruption Bureau in Blantyre.
French authorities have frozen Gabon President Omar Bongo's bank accounts. The move comes after a Bordeaux court ordered President Bongo to return a payment made to him to release a jailed French businessman, Rene Cardona. The BBC's Charles Mayard in Paris says it is the first time French authorities have frozen the accounts of an acting head of state.
An international tribunal has found three Sierra Leone rebels guilty of war crimes and crimes against humanity. RUF leaders Issa Sesay, 38, and Morris Kallon, 45, were convicted of 16 of the 18 charges, while Augustine Gbao, 60, was found guilty on 14 of the counts. The Freetown trial of the RUF rebel leaders, related to Sierra Leone's 10-year civil war, began in mid-2004.
A UN investigator has called for the removal of Kenya's police commissioner and attorney general over a wave of alleged extrajudicial killings. Philip Alston said: "Kenyan police are a law unto themselves. They kill often, with impunity." His remarks came as video emerged of an officer saying the police commissioner had ordered the killing of suspects.
Thousands of Rwandan troops have started to leave Democratic Republic of Congo five weeks after they crossed the border to attack Hutu rebels. A ceremony has been held in the main eastern Congolese city of Goma, to mark their withdrawal. Rwanda's foreign minister says the joint operation "seriously weakened" the FDLR rebels but a BBC correspondent says civilians paid a heavy price.
Teachers in Zimbabwe have agreed to end their strike after the government promised to review salaries, and to appeal for substantial aid for schools. The teachers had been demanding their salaries in foreign currency to get around Zimbabwe's massive inflation. But they said the new Prime Minister Morgan Tsvangirai had been willing to listen to their grievances.
Authorities in Cameroon have arrested 25 separatist activists from a movement that has called for independence for the former French colony’s English-speaking minority, the group and police said on Tuesday. The Southern Cameroon National Council (SCNC) said the activists were arrested in Tiko, 50 km (30 miles) west of the southern city of Douala, where they went to support a colleague standing trial for holding an illegal meeting last October.
The government should address the failings in the 2008 parliamentary elections and ensure that the resounding victory of the ruling Popular Movement for the Liberation of Angola (MPLA) does not translate into further restrictions of civil and political freedoms, Human Rights Watch has said. In a 45-page report, "Democracy or Monopoly? Angola's Reluctant Return to Elections," Human Rights Watch documents how the MPLA-dominated National Electoral Commission (CNE) failed to perform as an independent oversight body in those elections.
Corruption is an endemic cancer that has devastated African societies and impoverished millions. According to the Africa Union (AU) around $148 billion are stolen from the continent by its leaders and civil servants every year. The 2006 Forbes’ list of most corrupt nations had 9 out of the first 16 countries coming from Africa.
Over 40,000 internally displaced persons have returned to Mogadishu in the last six weeks. The majority of the returnees are from Hiraan, Mudug, Galgaduud, Lower and Middle Shabelle in the southern and central regions, which are experiencing a combination of renewed conflict and severe drought.
Although cholera fatality rates and new cases are on the decline, the epidemic is still not under control. As of 26 February, 84,027 suspected cases, including 3,894 deaths had been reported by the Ministry of Health and Child Welfare, with a slight drop in the fatality rates to 4.6%.
An Egyptian woman, who went to file a complaint at a police station on 19 January, has since been subjected to torture, ill-treatment and death threats against her and her family by members of the local police force. Mona Said Thabet went to a police station north of Cairo after she was assaulted by two men at her sister's home. The men were reported to have been police informers.
Secretary-General Ban Ki-moon has dispatched a senior United Nations political aide to Madagascar, following a request from the Government for a more active role by the world body in dealing with the political tensions in the Indian Ocean island nation.nAssistant Secretary-General Haile Menkerios, who had been sent to Madagascar in early February to assess the situation, was travelling with Mr. Ban in Africa when he was asked to return to the country to continue the UN’s good offices work there.
Improving the status and effectiveness of women, whose numbers have risen steadily in the past decade, in the police force of the Côte d’Ivoire is the subject of a new training course organized by the United Nations mission known as UNOCI in the West African country.
Secretary-General Ban Ki-moon’s Special Representative in Sudan has called on all parties to immediately cease the fighting which erupted today in the southern town of Malakal, stressing the need to ensure the safety and security of civilians in the area.
A group of young people from impoverished urban areas in Kenya, Tanzania and Ghana, will set off on a gruelling trek to the top of Mount Kilimanjaro under the United Nations banner to draw attention to the effects of climate change. Ten underprivileged youth will join 25 other people from the private and public sectors in the fourth annual ascent to the “rooftop of Africa” organized by the Kilimanjaro Initiative, a Nairobi-based non-governmental organization (NGO), in partnership with the “UNite to Combat Climate Change” global campaign.
Over 15,000 people have sought safety in the Zam Zam camp in North Darfur after fleeing the latest outburst of violence in the South Darfur region of Sudan, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) has reported. OCHA is concerned that with more people arriving each day, the large influx of internally displaced persons (IDPs) is putting a strain on the provision of water to camp residents.
Without an immediate infusion of funding, the already grave malnutrition and disease levels in Somalia will worsen, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) has cautioned. In an alert to donors, the Office highlighted the need for assistance for emergency nutrition as well as Water, Sanitation and Hygiene (WASH) programmes in two regions in north and central Somalia.
When United Villages took the web to rural India, its vision was to liberate the poor by giving them tools from the digital age. The communications group set up Internet terminals in remote villages and watched for a transformation. Almost three years later, technology is indeed enriching rural lives — but not quite how they expected. Rather than paying to send emails and surf the web villagers prefer to email their questions to someone who will do the surfing for them and return the answers in a pdf (portable document format) file.
The leading mobile telecommunications provider, Zain Tuesday announced plans to bring mobile banking to over 100 million people in Africa with the launch of its new service, Zap. Providing the most comprehensive and accessible package of mobile banking features currently available on the African continent, Zap will be initially available in Kenya and Tanzania prior to the launch in Uganda.
The ICT Regulation Toolkit is a joint knowledge product of infoDev and the International Telecommunication Union (ITU). The Toolkit is intended to assist regulators with the design of effective and enabling regulatory frameworks to harness the latest technological and market advances. The toolkit has become a trusted resource for policy-makers, regulators and the telecom industry, providing practical advice on issues that range from the role of competition to next generation networks.
This research paper, written by Mr. Ebenezer Malcolm and Dr. Francis Godwyll from Ohio University, USA, explores the state of ICT integration in the educational system in Ghana. The emphasis is on how ICTs are currently being used in the education sector in Ghana, what is actually happening on the ground, what are the strategies and policies related to the use of ICTs? What are the common challenges or constraints faced by Ghana schools in the area of ICT integration in schools?
King Mswati III, has expressed concern over the standard services in the health sector of the country. He said the situation is unfortunate because the south African country has several health professionals working abroad. The Prime Minister of Swaziland has disclosed that the King has charged his officials to engage all working professionals outside the country to find the cause of leaving their home soil.
A $5.3m United States Agency for International Development funded project in sub-Saharan Africa is seeking to further raise cassava production on farmers' field by 30 per cent in seven African countries. The project with the theme: “Unleashing the Power of Cassava in response to the food price crisis (UPoCA),” aims to maximize the utilization of cassava to address food price crisis in Nigeria, DR Congo, Ghana, Malawi, Mozambique, Sierra Leone and Tanzania.
The female journalist was snatched by members of a secret society, forcibly stripped and made to parade naked through the streets. It might sound like an atrocity from the time when Sierra Leone was ripped apart by a bloody civil war, but in fact the public humiliation was exacted in the diamond-rich eastern town of Kenema just this month. The woman's alleged crime was reporting on female genital mutilation.
The National Executive of the MDC will meet Friday afternoon to discuss ongoing violations of the unity deal, that brought their party and ZANU PF into the shaky coalition government. On Tuesday Mugabe unilaterally announced the appointment of ministerial permanent secretaries without consulting the MDC. Prime Minister Morgan Tsvangirai and his Deputy Arthur Mutambara then convened a press conference Wednesday to declare the appointments null and void.
Some 53 million West African children will be vaccinated against polio in schools, health clinics and their homes over the next month to tackle risks from the paralysing virus in Nigeria. The $67 million campaign, spanning eight countries, aims to increase immunity levels in one of the last strongholds of the disease that the World Health Organisation (WHO) and UNICEF have spent more than 20 years and $6 billion trying to eradicate.
The World Bank will give a $100 million emergency grant to help cash-strapped Democratic Republic of Congo pay essential bills and teachers' salaries, the Bank said on Friday. The World Bank proposed the emergency funds earlier this month after the country's mining sector was hit by the financial crisis and foreign reserves dwindled to just $36 million, down from more than $225 million last April.
A U.N. court trying the masterminds of Rwanda's 1994 genocide jailed a former military chaplain for 25 years on Friday for sexual assault and killing ethnic Tutsis who sought sanctuary at a seminary. Emmanuel Rukundo is one of two clergymen the International Criminal Tribunal for Rwanda (ICTR) indicted for their role in the 100-day slaughter in which troops and Hutu militia butchered 800,000 minority Tutsis and politically moderate Hutus.
A Congolese family uprooted by war went to court on Friday seeking to be reunited with a Kenyan baby they say they found abandoned on the roadside in a case testing the right of refugees to adopt. The case could be a first in global legal history, the family's lawyer and the U.N. refugee agency say. "I believe it would set a precedent. The law is silent on whether refugees can adopt," lawyer Rose Mbanya told Reuters as the case began at Nairobi's High Court.
































cc Statistics on disappearances, petty corruption and killings all point to a Kenyan police force in need of reform, the