PAMBAZUKA NEWS 116: THE INDICTMENT OF CHARLES TAYLOR
PAMBAZUKA NEWS 116: THE INDICTMENT OF CHARLES TAYLOR
Major energy companies underwrote a pre-planned and well funded campaign to lie about the seriousness of climate change, says this commentary. And the Bush administration joined the ranks of the deceivers last week when the Environmental Protection Agency was directed to eliminate a long section that described the risks from rising global temperatures from a soon to be released report on the state of the environment.
On 01 July, Burundi will be celebrating its independence of 1962 from the Belgians, and while they will be observing this remarkable day the rest of the world will be hoping for the lasting peace of a ten year civil war that has ravaged that country, leaving more than 300 000 dead with over a million people, according to the UN, internally displaced or living abroad as refugees. Read this commentary from www.zmag.org by clicking on the link provided.
Apartheid, it seems, works. Nearly 10 years since racial segregation was abolished in South Africa, identity is still rooted in race. Or so it would appear from the case of Happy Sindane, the blond Ndebele-speaking boy who walked into a police station last month saying he had been abducted from his white family by their black cleaner at the age of six and brought up among blacks.
African Union ministers of trade, meeting in Mauritius, have re-affirmed the long-standing position of African countries that the forthcoming Cancun Ministerial Conference of the World Trade Organisation (WTO) should focus on addressing their developmental concerns in the existing agreements, instead of starting negotiations for new agreements, particularly on the so-called Singapore issues of investment, competition, government procurement and trade facilitation. African civil society organisations, who for the first time were allowed to meet under the auspices of the conference and to address the Ministers, underscored their support for the collective effort of the Ministers for international trade rules which reflected the needs and interests of the people of Africa. Civil society organisations called on the Ministers to focus on addressing the inequities of the existing agreements of the WTO.
On the southern side of Madagascar lies a wilderness paradise. The Indian Ocean washes over white sands. There is a primeval rainforest which is home to thousands of plant and animal species found nowhere else. It is here that the world's largest mining company, Rio Tinto, intends to dredge hundreds of millions of tonnes of soil over 6 000 hectares to extract ilmenite, a mineral used to make paint and toothpaste.
More than 100 people were killed when a ruptured fuel pipeline exploded and caught fire at a remote village in southeastern Nigeria last Thursday, Red Cross and local government officials said.
The need to protect and promote children is the shared agenda of the Swaziland government and the UN children's Fund (UNICEF) that has led to a community-based programme whose success is rooted in Swazi culture.
Liberian President Charles Taylor rejected last Friday the proposed formation of a transitional government within 30 days that would exclude him. Taylor said he would only step down at the end of his term in January 2004, and even then, he might stand for re-election.
Angolan refugees departed from camps in the Democratic Republic of Congo (DRC) last Friday, in the first phase of a voluntary repatriation programme spanning three countries in the region. On day one of the operation more than 500 Angolan refugees are returning to M'Banza Congo in northwestern Angola and Luau in the eastern reaches of the country, the office of the UN High Commissioner for Refugee (UNHCR) said.
Former Rwandan Prime Minister Faustin Twagiramungu arrived in Kigali last Friday from Brussels, ending his eight-year exile to challenge President Paul Kagame in the first post-genocide elections.
You guys are doing exceptional work. I am a teacher, and I run a number of projects with international collaborations. Part of this is that we have contact with, and host teachers and students from around the world. Your newsletters are great at telling the real story of Africa, and helping me to clue people into the real issues of the day.
Don’t you think that Alex De Waal's suggestions (Pambazuka News 115 Editorial) for African regional integration is against the theme itself. Rather than an integrated Africa for the benefit of corporate business let us advocate for an integrated world government and start with integration between Europe and Africa. Then the colonial legacy, the real cause of under-development in Africa, will come to an abrupt end.
Haj Hamad
Director, SOCIAL & HUMAN DEVELOPMENT CONSULTATIVE GROUP , Sudan
Good editorial (Pambazuka News Editorial 115). Why couldn't individual parties run on a Jobs/Growth Ticket, detail corruption for what it is (it isn't rent), promote jobs growth and capital investment in manufacturing and services, and shake up government fat cat employment at all levels. Also a lot of the time corporate interests don't do right either for African countries or their stockholders. A lot more money can be made in Africa when the big emerging market begins to form here. That will happen when African incomes begin to rise to the point that Africans can buy the stuff that they want.
I have heard Andrew Meldrum often on Radio France International from Harare in Zimbabwe, and he is a balanced, objective journalist. (Pambazuka News 113, Letters and Comments) Simon Hinds, visit Zimbabwe. Check out the situation for yourself. Do not spout conventional left-wing wisdom to support the right wing fascist dictator Mugabe.
During his inaugural address on January 7, 2001, President Kufuor declared that his government would pursue a policy of "Zero Tolerance for Corruption". It was an effective sound byte which was immediately latched on to by the nation. But as the months roll by, we can begin to ask, says this commentary in the Accra Mail, whether it is feasible, or even desirable to predicate human development on just the total elimination of corruption.
In this special report IRIN outlines major developments in the peace process during 2003, and looks forward to future talks. A previous web special, published in January, describes in detail the important humanitarian issues surrounding the talks and gives background on the key areas of negotiation. For the first time in 20 years, lasting peace in Sudan could be within reach.
Related Link:
* SUDAN: NUBA MOUNTAINS CEASEFIRE EXTENDED UNTIL JANUARY
http://irinnews.org/report.asp?ReportID=34988
Mass migration in Africa will threaten the region’s stability if it continues unchecked or unabated, a conference in Addis Ababa heard on Monday. Millions who flee conflict or economic crises pose enormous burdens on their new host nations, the four-day meeting on migration and trafficking was told.
The government has been asked to stand up for the rights of Kenyans and defy terrorism demands by Britain and the United States. In angry reactions to a decision by the US to close its Nairobi embassy over terrorism fears, MPs said Kenya should look after its own interests, rather than dancing to the tune of other countries. They termed Washington's decision "unfair", "unwarranted" and "uncalled for" and described Kenya as "an innocent victim" of terrorism.
The cheetah's deep, resonant purr always captivates visitors to a South African wildlife centre devoted to the world's fastest mammal. But some South Africans are less enthusiastic about the animals, which can beat a Ferrari in a 60-yard sprint. The De Wildt Trust says the rise of private game farming has intensified a long conflict between farmers and the endangered carnivore that has seen at least 200 wild cheetahs — from a wild population that may now be as low as 250 — killed or removed from their wild habitat in South Africa over the last two years.
A conflict is brewing between the government of Kenya and the Maasai tribe who are threatening to kill all the lions at Nairobi National Park, some eight kilometres (five miles) south of the city of Nairobi, for killing their livestock.
The world's leading pharmaceutical companies are set to unveil proposals to ease the supply of essential medicines to poor countries, in an attempt to break a World Trade Organisation deadlock that is jeopardising the Doha global trade round.
The French-led multinational force deployed in Bunia said on Saturday that local militia must hand over guns or leave the town within 72 hours. Gen. Jean-Paul Thonier, the commander of the UN-mandated force, gave "72 hours for the withdrawal of all armed forces from Bunia", according to the force's spokesman, Col. Gerard Dubois.
Related Link:
* MILITIA GROUP AGREES TO CANTON ITS FORCES OUTSIDE BUNIA
http://www.irinnews.org/report.asp?ReportID=34931
Kenya, Uganda and Tanzania, which have different education systems, will eventually have one aimed at spurring industrial development. A national conference will be held later in the year to discuss the future of education in Kenya in preparation for the harmonisation, Education minister George Satoti says.
In an unprecedented legal manoeuvre, the South African Human Rights Commission (SAHRC) has approached the judge president of the Cape High Court and offered to mediate in an eviction dispute involving about 3000 families. "The case relates to a number of important issues that include the implementation of socio-economic rights, in particular the rights to dignity and housing," said SAHRC Western Cape co-ordinator Ashraf Mahomed.
The Internet is Eden for those who like to get news from anywhere from Albania to Zambia at any time. But paradise risks pollution by a gold rush of media companies seeking to control the digital information landscape, some media experts say. Media companies can now own more newspapers and TV and radio stations than ever, under a recent, controversial ruling by the Federal Communications Commission.
The Egyptian government's refusal to allow two human rights groups to register as legal entities casts a shadow over their capacity to work, Human Rights Watch says. Human Rights Watch also expressed concern over the government's detention and interrogation of a prominent Egyptian human rights activist as he was returning from a conference abroad.
The Community Media Policy Research Unit has lobbied the communications regulator, the Independent Communications Authority of South Africa (Icasa), to allow low power radio broadcasting to broaden access to the airwaves. The Policy Research Unit is a joint initiative of the National Community Radio Forum and the Freedom of Expression Institute, and represented the views of both organisations at an Icasa public hearing on the matter.
Business Day reports that Gallo recording company has handed out a grant totalling R100 000 to the Topsy Foundation, a charity organisation empowering people affected by Aids. The money was raised during the inaugural Gallo Golf Day at the Johannesburg Country Club. The Topsy Foundation is unique because of its holistic approach in combating Aids: the foundation has factories, skills training facilities and a health care centre.
The European Union (EU) has set aside R500 000 for building sports facilities for seven different towns in the Eastern Cape, reports the Daily Dispatch.
SABCnews reports that five organisations in Gauteng, all working with people affected by Aids, have received R950 500 from Gauteng Premier, Mbhazima Shilowa. The money is the proceeds from the Premier's Golf Pro-Am hosted by Shilowa last year. The beneficiary organisations are: The Karabo Day Care Centre, Tsabotsogo Community Development Project, Uncedo Women Development Group, Zimbanati Project and Zimisele Economic Social Growth and Development.
Social Development Minister Zola Skweyiya together with the National Development Agency (NDA) has donated R500 000 to the Msinga Peace and Development Committee (MPDC) to be used for poverty alleviation and job creation programmes.
A new report, published Monday, exposes the arguments for a new free trade agreement on foreign investment at the World Trade Organisation as groundless myths. The report, jointly produced by Friends of the Earth and the World Development Movement, shows that an investment agreement will primarily benefit large multinational companies, who will gain greater `rights to roam' in the global economy.
The unregulated supply of AIDS drugs in the developing world could accelerate the development of drug-resistant HIV strains, according to an expert at the London School of Hygiene and Tropical Medicine, United Kingdom. Better regulation of private-sector providers of drugs in poor nations is needed to ensure that patients use antiretroviral drugs correctly, thereby reducing the risk that a strain of drug-resistant HIV will develop.
Environment ministers from more than 20 African countries have endorsed a proposed regional environmental plan for the New Partnership for Africa's Development (NEPAD). But no new funds have so far been allocated for the initiative, whose implementation is expected to cost US$250 million.
This petition urges President Robert Mugabe of Zimbabwe to resign with immediate effect.
The World Organisation Against Torture has received reports of torture in Sudan and asks those concerned to write to the authorities urging them to immediately halt the harassment and repression and guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
On the eve of a visit by the United Nations Security Council delegation to West Africa, and as fighting intensifies around Liberia's capital, Monrovia, Amnesty International urged the countries of the sub-region and the international community to do everything possible to protect Liberian refugees and all others caught in the middle of these two conflicts.
Included in this edition: CIVICUS Secretary General’s Kumi Naidoo describes trade unions contributions to civil society and Civil Society Watch – the MDC and the Zimbabwe Congress of Trade Unions. To subscribe or unsubscribe please email [email protected].
Seismic data suggest billions of barrels of oil could lie off Sao Tome's coast near oil-rich Nigeria, Gabon and Equatorial Guinea in an increasingly important oil-producing region far from the risks of the Middle East. And that is driving an intense local struggle for power, complicated by the involvement of big outside players drawn to islands that had been getting by in quiet poverty, exporting a little cocoa and some bananas.
Things are getting a little worrying: junk email is getting intelligent. True, those pitches for all manner of products are just as crass as they ever were. But the techniques used to stuff the spam into your mailbox are getting smarter by the day.
Let me express my feeling on your organisation, of which I have had the opportunity to visit your website (www.fahamu.org). I really found many aspects of your activities interesting, especially the services for other organisations in Africa. Not only these, but also other electronic services that you are providing for others. It is a wonderful thing that an African organisation has the capacity to provide these kind of services.
I represent a Somali organisation called SOCDA (Somali Organisation for Community Development Activities) and I am living in Denmark, although the organisation is a very active in the country of Somalia, giving services to the community in the area of training, consultancy, lobbying and human rights activities.
I will keep in touch with you from now on and I hope we will exchange ideas, or perhaps other important things. Thanks for the opportunity to contact you.
Somaliland's 2003 elections mark another historic step after the Local Elections held in December 2002, in the process of democratisation of a country still fighting for international recognition, says a new report from a team of South African Observers who monitored Somaliland's first democratic presidential elections, held on the 14th April 2003. "The National Electoral Commission of Somaliland is commended for its role in the conduct of the elections despite the challenging socio-economic conditions under which they took place."
A website on women, children and HIV has been launched by The Francois-Xavier Bagnoud (FXB) Centre at the University of Medicine and Dentistry of New Jersey, and the University of California San Francisco's Centre for HIV Information. "Women, Children, and HIV" contains a comprehensive, Internet-based library of practically applicable materials on mother and child HIV infection including preventing mother-to-child HIV transmission (PMTCT), infant feeding, clinical care of women and children living with HIV infection, and the support of orphans. With the launch of this site, crucial information about these rapidly changing and complex fields is now available in one site.
International help to care for Africa's orphans is essential not only for their immediate welfare but also to protect the long term prosperity of these countries. A researcher in child health and former Ugandan government peace minister assesses how to make the best use of resources, in this article published in the British Medical Journal.
Civil Society could act as a watchdog by monitoring and evaluating the process of NEPAD implementation, noted a recent meeting intended to popularise Nepad amongst civil society. The meeting noted that although some progress was being made on civil society's participation in the implementation of the NEPAD process, challenges still remain, particularly on building trust and confidence between civil society and governments.
The Zimbabwe Human Rights NGO Forum has documented 266 cases of torture in Zimbabwe between 1 January and 31 May 2003. In the same period there had been 442 unlawful arrests, 135 unlawful detentions, 265 cases of violation of freedom of expression, 241 cases of political discrimination and 180 assaults. These are the latest figures contained in a report from the Forum on political violence for the month of May.
This report from the International Labour Organisation (ILO) gives an analysis of poverty in developing countries from the perspective of the lack of opportunities for decent work and social inclusion. It highlights the barriers people living and working in poverty face in finding and keeping income generating activities that would allow them to earn a decent living and sets out a strategy for ensuring that employment is accorded higher priority in national and international efforts to realise the Millennium Development Goals.
* The state, civil society and social policy: setting a research agenda
Steven Friedman
* Mergers in South African Higher Education: theorising change in transitional contexts
Jonathan Jansen
* Civil Society and the Democratisation processes in Kenya and Uganda
Juman Anthony Okuku
Akina Mama wa Afrika will be holding the Eastern Africa sub regional African Women's Leadership Institute (AWLI) from September 22nd to 2nd October 2003, in Uganda. The AWLI aims to strengthen the personal and organisational capacities of young African women to influence policy and decision-making through training and networking. It serves as a networking, training and information dissemination forum for young women aged between 25-40 working on gender issues.
* Liberation and Democracy: Cases from Southern Africa
Henning Melber
* Democracy and the control of elites
Kenneth Good
* Liberation and opposition in Zimbabwe
Suzanne Dansereau
This workshop will help NGOs recognize the power of the Internet and use it more effectively as an easy and speedy communication tool. The main purpose of the workshop is to harness the power of technology to better serve the objectives of those NGOs, among which are networking and effective information sharing. The workshop will include extensive discussion, case studies presented by both participants and instructor, as well as recommended readings from Internet resources.
A regional cooperation initiative under the auspices of the Association of African Universities (AAU), the focus of this premier course is human rights as seen from the African perspective. Students from all African countries are invited to apply for admission to study for the Master's Degree (LLM) in Human Rights and Democratisation in Africa, organised by the Centre for Human Rights, Faculty of Law, University of Pretoria in partnership with the University of Ghana, Makerere University (Uganda), the University of the Western Cape (South Africa), the American University in Cairo (Egypt) and the Catholic University of Central Africa (Cameroon).
The Council for the Development of Social Science Research in Africa (CODESRIA) is celebrating its 30th anniversary this year. It will be recalled that the Council was established in 1973 out of the collective will of African social researchers to create a viable forum in Africa through which they could strive to transcend all barriers to knowledge production and, in so doing, play a critical role in the democratic development of the continent. As part of the series of events planned to mark the anniversary, five sub-regional conferences are being organised in Central, East, North, Southern and West Africa. These sub-regional conferences will be followed by a grand finale conference to be held at the Council’s headquarters in Dakar, Senegal, in December 2003. The Southern Africa sub-regional conference is scheduled for Gaborone, Botswana, on 18 and 19 October, 2003. Its theme will be: 'Southern Africa: From National Liberation to Democratic Renaissance'.
Three private media practitioners, Dimas Dzikodo (Editor) and Philipe Evégnon (Managing Director) of the L'Evénement newspaper, as well as Jean de Dieu Kpakpabia , a reporter with the Nouvel Echo weekly, were arrested and detained over the weekend in Lomé, capital of Togo. Dzikodo was first arrested on Saturday, June 14, 2003, from an internet café where he went to scan pictures of persons who had been assaulted and injured by state security personnel during the recent presidential elections held on June 1.
Journalists are facing a reign of terror in Liberia following recent rebel incursions into the capital Monrovia, says the International Federation of Journalists. Following the retreat by rebel forces of the Liberians United for Reconciliation and Democracy group terror has descended on the city, with attacks involving government forces. The IFJ says more than 25 journalists have been displaced by the fighting.
Tunisian cyber-dissident Zouhair Yahyaoui, jailed for two years for allegedly "putting out false news" on his Internet website TUNeZINE.com, has won the first Cyber-Freedom Prize awarded by Reporters [email protected] frontières - Globenet for 2003. At least 51 cyber-dissidents are in prison around the world.
The Internet is one of the most powerful agents of freedom. It exposes truth to those who wish to see and hear it. It is no wonder that some governments and organisations fear the Internet and its ability to make the truth known. The phrase "freedom of speech" is often used to characterize a key element of democratic societies: open communication and especially open government. But freedom of speech is less than half of the equation. It is also vital that citizens have the freedom to hear and see. It is the latter area in which many governments have intervened in an attempt to prevent citizens from gaining access to information that their governments wish to withhold from them. This report, available from Reporters without Borders, is about attitudes to the Internet by the powerful in 60 countries, between spring 2001 and spring 2003.
The Draft Press Proclamation tends to err on the side of control and regimentation, in particularly state control of expression; imposes detailed and intrusive conditions for licensing and endorses censorship of the worst kinds by empowering the courts to order the seizure of publications and other products of the media and to close down media houses. This is according to a critique of the Ethiopian Draft Press Proclamation by the Media Foundation for West Africa (MWFA).
"We are desirous that the African Union Constitution would firmly stand for the respect and exercise of press freedom; embrace the accountability and responsibilities of all concerned parties, protect press freedom from attacks; strongly protest against undemocratic practices of dictators, and strongly require professionals to be governed by a code of ethics...In several AU member states, journalists are arrested, harassed, and intimidated solely for their reporting, and many countries resort to harsh, outdated laws to prosecute journalists for their work." - Extract from a letter to President Thabo Mbeki, President of Republic of South Africa and Chair of the African Union from the Ethiopian Free Press Journalists' Association (EFJA).
The ONEWORLD RADIO CATIA Editor, based in Lusaka, Zambia, will be responsible for the development and high quality editing of OneWorld Radio English language websites, based with CATIA. Initially this will mean the launch of OneWorld Radio/Africa – a portal for African broadcasters to share audio and information – with potentially new portals in Year 2 and 3. Editorial will include regular updating of all text sections of the site[s], in-depth research about African broadcasters' needs and networking, report writing and membership recruitment and support.
Third World Network Africa, a non-profit advocacy organisation is looking for a lead programme officer for its Gender Unit. TWN-Af´s work involves research, communications and campaigns around economic, social justice and development policy issues. It seeks a greater articulation of the needs and rights of people of the third world, especially marginalised groups, a fair distribution of the world's resources and forms of development that are ecologically sustainable and fulfil human needs.
The Open Society Initiative for West Africa (OSIWA) seeks a Program Officer to lead and oversee the foundation's HIV/AIDS and Human Rights Program. The Program Officer will work closely with senior staff at OSIWA to develop the HIV/AIDS and Human Rights Program.
ALIN Eastern Africa, an International NGO involved in information exchange activities among grassroots development workers in Kenya, Uganda, Tanzania and Ethiopia wishes to engage a long-term consultant. The position, based in Nairobi with regular travels in the countries of operation will report to the Regional Coordinator. S/he will join a team of knowledge workers and information specialists to achieve set objectives.
GOAL Mozambique aims to address the implications of the HIV/AIDS epidemic within GOAL´s country programming through mainstreaming HIV/AIDS activities into all GOAL programmes countrywide.
CREDO for Freedom of Expression and Associated Rights and Fahamu have launched a petition calling on African Union Heads of State to release all incarcerated journalists and repeal all anti freedom of expression legislation. The petition is to be presented at the African Union meeting of Heads of State in Maputo in July and is addressed to President Thabo Mbeki of South Africa, the current Chair of the AU. Click on the link below to read the full letter and join the petition.
Drawing on stories elicited from women and children living on the streets, particularly girls, this book considers why girls live their lives and work on the city streets. It discusses what happens to them when they do so, what mechanisms they adopt to cope, the support they receive, and how they adjust to other ways of life. It outlines common perceptions of street children, what may be done to improve their lot, and some existing intervention programmes.
Kenya is a country that is greatly differentiated from most of the other countries in Africa and the rest of the world. Over the years, the socio-political uniqueness of the country has made the lack of understanding of local cultures and arts even more engrained, especially to foreigners, and the rest of the world. Within Africa, Kenya has produced a large number of professionals, who have been absorbed in almost every industry in the world. Not relatively so with the Arts, and other creative disciplines, says this article on the website www.africancolours.com
People's participation in development has been promoted for over 20 years, yet it is still commonplace for projects to be pre-designed, without more than a token consultation with those farmers for whom they are intended. This book describes a project among small-scale farmers in the drought-prone and arid communal lands of Zimbabwe which, within the broad remit of promoting food security, helped the farmers identify their problems and choose their own solutions to them. The aim of the project was participatory technology development: to extend the range of soil-and-water conserving farming techniques available to men and women, and to help them evaluate and disseminate these and their own traditional techniques so as to improve the returns from their land.
Helen Wedgwood, Cathy Watson, Everjoice J. Win, Clare Tawney, Kuda Murwira
On 4 June 2003, former Pentagon lawyer and Prosecutor of the United Nations-sanctioned Special Court for Sierra Leone (SC-SL), David Crane, unsealed and made public the indictment of Charles Ghankay Taylor, President of Liberia. The indictment accused Mr. Taylor of personal responsibility for multiple and egregious violations of international humanitarian law, war crimes and crimes against humanity in relation to the recently abated war in Sierra Leone. In the view of the Prosecutor, Mr. Taylor falls within the category of “persons who bear the greatest responsibility” for serious violations of international law in Sierra Leone. Soon after Mr. Taylor, who was in Accra to attend a peace conference on Liberia convened under the joint auspices of both the African Union (AU) and the Economic Community of West African States (ECOWAS), was compelled to flee from Ghana.
As a suspect in potential criminal proceedings, and in accordance with Article 17(3) of the Statute of the SC-SL, Mr. Taylor is to be presumed innocent until his guilt is proved. The responsibility for proving this guilt belongs to Prosecutor Crane and his team. Yet, few citizens of West Africa can find it in themselves to voluntarily stand up in defence of Mr. Taylor. To Liberians, Africans, persons of goodwill everywhere and, in particular, the millions of West African nationals murdered, maimed or displaced by Mr. Taylor and his war networks, due process could seem like a luxurious nuisance.
Since Mr. Taylor's rebellion against the rightly un-mourned late President Samuel Doe began in Liberia in December 1989, he has been implicated directly or indirectly in civil wars in Sierra Leone, Guinea Bissau and Côte d'Ivoire; in the overthrow of otherwise elected regimes in Gambia and Guinea Bissau; and in the subversion of Guinea (Conakry). In the process, Mr. Taylor stands accused of having the blood of hundreds of thousands of West Africa's children, men, and women on his hands. He stands accused of being responsible for the displacement and exile of millions more. And he stands accused (with his cohorts) of deliberate targeting of civilian populations, of recruiting tens of thousands of children into arms, and of institutionalising egregious outrage on civilian populations as instruments of armed conflict. He has reduced a once proud people with their rich culture to beneath beggarliness, destroying the lives of much of the posterity of the region in the lifetime of the parents that they will never know.
This is not the first time that Mr. Taylor will be threatened with prosecution for war crimes. To force him to the negotiating table in 1996, the Council of Ministers of the then Organisation of African Unity (OAU), by resolution CM/Res 1650 of July 1996, was compelled to threaten Mr. Taylor with “setting up a war crimes tribunal” to try him and the leadership of the then warring factions in Liberia. ECOWAS Heads of State reinforced that threat in August of the same year as a way of giving teeth to the Abuja Agreement embodying the Liberian Peace Plan. All this was while Mr. Taylor was a rebel fighting presumably for power. The following year, a frightened Liberian population surrendered power to Mr Taylor in severely flawed elections in July 1997, in the vain hope that the responsibilities of high office would slake his thirst for blood. Rising from their Summit attended by senior representatives of major multilaterals and countries - including the Unites Nations, the USA, and major European Union countries - in Abuja, Nigeria, on 26 July 1997, and immediately following Mr. Taylor's election in the same month to the Presidency of Liberia, the leadership of ECOWAS, “congratulated His Excellency, President Charles Ghankay Taylor on his election and encouraged him to continue his policy of reconciliation and national unity.” In the event, the man took the bush with him to the Presidency and continued his war. Only this time it was aimed at suppressing basic rights of Liberia's citizens.
Given this background then, is there much more that can be said about the Taylor indictment besides applauding the belated arrival of supposedly just desserts? Indeed, there is. To begin with, the people of Liberia must wonder why the destruction of themselves and their country matters less than the destruction of their Mano River neighbour. It is difficult to explain to Liberians why the man whose trail of destruction began and continues in their country has ended up being charged for crimes allegedly committed against neighbouring Sierra Leone and its people who have their own home grown villains to worry about.
The Legal Situation
In reality, for much of the months of April and May 2003, the existence of the Taylor indictment and the probable occasion for its unveiling and attempted execution was an ill-concealed secret in Freetown. The indictment itself was confirmed and the arrest of Taylor authorised by the Bench of the SC-SL on 7 March 2003. The moment three months later on which it was unsealed was therefore significant. The Prosecutor had decided to take advantage of Mr. Taylor's travel to Ghana. In his press statement announcing the indictment of Mr. Taylor, Prosecutor Crane acknowledged that he decided to serve a warrant for Mr. Taylor's arrest on the authorities in Ghana “upon learning that Taylor was travelling to Ghana. This is the first time his presence outside of Liberia has been publicly confirmed.” In explaining his timing, Prosecutor Crane claimed in the same statement that he was concerned to ensure the legitimacy of the Accra negotiations, arguing that “it is imperative that the attendees know that they are dealing with an indicted war criminal.” The Prosecutor felt the need “to make it clear that in reaching my decision to make the indictment public, I have not consulted with any state. I am acting as an independent prosecutor and this decision is based solely on the law.”
But law, especially international law, is often pregnant with mutually contradictory plausibility. It is possible that in justifying himself as he did above, Prosecutor Crane was preserving sovereign confidences. If not, then his position was a tad optimistic at best. At worst it was naive or arrogant (or both) to believe that he could unveil the warrant when he did without prior extensive consultation with and co-operation from the leaders who were attending the Accra negotiations. As a matter of comity, the leadership of ECOWAS, the AU and the host State had invested considerable energy, resources and political capital in bringing the parties to the negotiating table in Accra. In doing so, they gave minimal guarantees in good faith to the invitees. Whatever one may think of the parties at the table, to fail to consult the joint hosts before releasing this kind of bombshell showed scant respect to the combined goodwill of these leaders and the peoples they represent. Not having factored the Taylor arrest warrant into their plans, they could hardly be expected to embrace it spontaneously having heard of it through the media.
As a practical matter, Ghana's authorities, if they had been consulted, may well have sought assurances or made arrangements as to how to safeguard against any security implications of Mr. Taylor being arrested on their territory. They would naturally have sought to safeguard against Mr. Taylor's associates exporting their cannibalistic brand of instability to Ghana. This is not an altogether unreasonable concern given Mr. Taylor's record.
Consultation with the region's leadership was all the more imperative because the law to which the Prosecutor's press release refers is at best opaque or, even worse, unhelpful. The SC-SL is set up under an Agreement reached between the United Nations and the Government of Sierra Leone in January 2002, itself concluded under the authority of Security Council Resolution 1315(2000). Unlike the International Criminal Tribunals for former Yugoslavia (ICTY) and Rwanda (ICTR), the SC-SL is not set up by the Security Council as such in exercise of its enforcement powers under Chapter VII of the UN Charter to safeguard international peace and security. In accordance with Sierra Leone's 1991 Constitution, Sierra Leone's Parliament enacted the Special Court Agreement (Ratification) Act in 2002, which permits the Court to function in the country. This would not have been necessary if the Court had been set up in exercise of the enforcement powers of the Security Council. As a matter of law, the SC-SL is not a Sierra Leonean court as such; it is more plausibly viewed as a foreign court authorised to function in Sierra Leone, exercise jurisdiction in and over Sierra Leone and, in part at least, to apply Sierra Leonean law, in addition to international law.
This point has significant legal consequences. It means that unlike the situation with Chapter VII tribunals like the (Yugoslavian) ICTR and (Rwandan) ICTY, there is not necessarily an obligation of compulsory co-operation with the Court. Strictly speaking, co-operation would be governed by bilateral, mutual assistance treaties. Such treaties, arguably, do not envisage such hybrid courts as the SC-SL within their scope. Customary international law is equally unhelpful here. The much-cited and much misunderstood Pinochet (No.3) decision of the (British) House of Lords [1999] 2 All E.R. 97, looked to domestic statutory (rather than international law) basis to justify much narrower grounds for Mr Pinochet's arrest than the panel in the Pinochet (No. 1) case [1998] 4 All E.R. 897 had been prepared to allow. In its most relevant decision in the Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), the World Court in Den Haag controversially decided in February 2002, that the procedural immunity enjoyed by serving foreign sovereigns effectively trumped the prohibitions of international criminal law (from which even Heads of State are not immune), including those against war crimes and crimes against humanity that were directly in issue in the case.
The relevant practice concerning the procurement for trial of suspected war criminals largely remains as summed up by Geoff Gilbert in Aspects of Extradition Law, page 209 (1992), to the effect that “a uniform approach is still lacking.” Barring an abduction of the kind in the (case of the German Nazi leader) Eichmann Case, 36 International Law Reports 5 (1961), international (or in this case, regional) co-operation remains the only lawful means of procuring the rendition of Mr. Taylor for trial. In the provisions of Article 4(h) of the Constitutive Act of the African Union authorising intervention in situations of genocide, war crimes and crimes against humanity, African countries have now equipped themselves to provide such co-operation when it is sought collaboratively.
With considerable experience of criminal trials in the USA where prosecutorial deal making is an art form, Prosecutor Crane cannot have been unaware of this reality. Ultimately, he bears responsibility for success or failure in securing rendition of his indictees - big and small. With the exception of the now late Sam “Maskita” Bockarie, allegedly deceased former military ruler, Johnny Paul Koromah, and Mr. Taylor, the SC-SL has so far succeeded in securing the arrest of all of its indictees. However, none of those so far arrested, including ex-defence minister, Chief Hinga Norman, confronts the Court with the weight of logistical, security, doctrinal or legal problems that accompany the indictment of Mr Taylor. In favour of Prosecutor Crane, it should be acknowledged that his public indictments appear so far to have been largely well received both within and outside Sierra Leone.
The Political Questions
Two political questions stand out among many. First, how does the indictment affect the peace process in Liberia, including, in particular, the critical issues of disarmament and demobilization of combatants? Mr Taylor, whose current Presidential term expires in January 2004, staked out his position on these issues at a news conference in Monrovia 12 June, declaring that “[I]f the President of Liberia is treated in an unfriendly fashion or manner with the thousands of combatants that support me in Liberia, where is the incentive for any supporter of Charles Taylor to disarm if they know their own security is not guaranteed?” Neither the SC-SL nor its Prosecutor can directly answer this question. It remains open whether the Accra negotiations on the back of the 17 June ceasefire agreement between Taylor's regime and rebels opposed to him will be able to address it.
Next, as unpalatable and unfortunate as it is, Mr. Taylor is recognized as the elected President of Liberia. Now that he has been indicted, this throws up the political question of how other African Leaders and civil society alike will relate to him. For example, will they continue business as usual, adopt a wait-and- see attitude, or will they enforce his isolation? The individual and collective positions of Africa's leaders could well be determined by how each leader perceives himself vis a vis the potential to face similar charges and the response of the world beyond Africa. Does it matter that the Prosecutor has not shown more lateral vision in his handling of the unsealing of the indictment?
Conclusion
This is the first time that a serving President will be openly indicted for war crimes by an international court. By contrast, the indictment of ex-President Milosevic by the ICTY became known after he had been ousted from office. It will not be the last. Over the past few years, similar attempts in the courts of different European countries, most especially Belgium, have run into a headwind of insuperable legal, procedural and political obstacles. With the swearing in of the ICC Prosecutor in June 2003 in Den Haag, the need for such desperate efforts or ad-hoc arrangements (as in the SC-SL) will now be minimized if not yet entirely eliminated. The irony will not be lost on African leaders that the SC-SL Prosecutor comes from a country – the USA – whose government has undermined the International Criminal Court (ICC) Process and is exerting its utmost weight to secure impunity for similar crimes in international law for its own nationals. At the beginning of June, 39 countries had concluded with the US government impunity agreements under pressure.
Nevertheless, the indictment of Mr. Taylor at least ensures that he is under some pressure. This could not have come too soon. But if Mr. Taylor is not to elude and outlast the SC-SL, Prosecutor Crane should reckon more with the goodwill of Africa's leaders and peoples than the management of the Taylor indictment so far has shown. There is little sympathy for Mr. Taylor in the region. Bringing him to overdue accountability should not be an opportunity to rub regional leaders up the wrong way. Meanwhile, Liberians and Africans await the day Mr. Taylor will also answer for his misdeeds against Liberia and its citizens.
* A lawyer and activist from Nigeria, Chidi Anselm Odinkalu is associated with several African and international non-governmental organisations and academic institutions. He was formerly Human Rights Advisor to the UN Observer Mission in Sierra Leone (UNOMSIL). Mr Odinkalu is widely published on a variety of subjects on human rights and international law in Africa. The views expressed here are his personal opinions.
* Please send comments on this editorial to Read comments on previous editorials in the Letters and Comments section of Pambazuka News.
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Just 15 months after a cease-fire ended three decades of devastating civil war, Angola has taken two significant steps on its long road to recovery. Campaigns in health and education, backed by UNICEF and supported by all levels of Government, are proving vital in restarting the development of social services in Angola.
The Ethiopian government has blasted the "pathetic" attitude towards women's rights in the country which it says is fuelling the AIDS epidemic. It warned that social and cultural factors such as polygamy and sexual violence were exacerbating the vulnerability of the nation's women.
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The Coalition to Stop the Use of Child Soldiers has stated that the recent abduction of girls from a boarding school in Lwara, Kabermaido district, Northern Uganda, signals a sharp jump in child abduction and recruitment by all parties to the conflict. “This incident is part of a generalized problem of escalating conflict fuelling unprecedented levels of child abductions and recruitment in Northern Uganda, and now spreading to Eastern Uganda,” said Geoffrey Oyat, Coordinator of the Ugandan chapter of the Coalition.
The Coalition to Stop the Use of Child Soldiers has stated that the recent abduction of girls from a boarding school in Lwara, Kabermaido district, Northern Uganda, signals a sharp jump in child abduction and recruitment by all parties to the conflict. “This incident is part of a generalized problem of escalating conflict fuelling unprecedented levels of child abductions and recruitment in Northern Uganda, and now spreading to Eastern Uganda,” said Geoffrey Oyat, Coordinator of the Ugandan chapter of the Coalition.
There is a real potential for those who feel ignored by the Inter-Governmental Authority on Development (IGAD) peace process in Sudan to undermine any deal that is between only the Khartoum government and the rebel Sudan People's Liberation Army (SPLA), warns a new briefing from the International Crisis Group. These marginalised areas include the so-called "Three Areas" of Abyei, the Nuba Mountains and Southern Blue Nile, which are being discussed outside the IGAD process. A second category includes areas like Darfur in the west, which has seen a major upsurge in fighting since February but is excluded from any peace negotiations.
For the first time in almost a year, the United Nations High Commissioner for Refugees (UNHCR) has repatriated hundreds of Eritreans from Sudan after restarting a voluntary relocating operation that had been suspended because of the rainy season and prolonged by heightened border tensions between the two countries.
The South African National Editors' Forum (Sanef) says it is concerned at the impact the current version of the draft Anti-Terrorism Bill could have on individuals and broad civil society in South Africa. In a submission to the National Assembly's safety and security committee on Tuesday, it said the draft legislation as it stood lacked a clear and unambiguous definition of what would constitute an act or acts of terrorism.
“I was sleeping at my home when at approximately 3am today, Wednesday 4th June, 2003, between 10 and 20 soldiers banged on my front door. I opened it and they wanted to know what party I belonged to. My brother J. and I were asked so many questions and were then told to lie on our stomachs and they beat us with batons." This is one story contained in a report from the Zimbabwe Association of Doctors for Human Rights that documents case summaries, with histories, and examination findings of incidents of violence inflicted during the week of the National Mass Action that took place between June 2-9.
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It is little surprise the transatlantic battle over genetically modified food came to be fought on the scorched fields of Africa's peasant farmers. Here the ability of a field of maize to resist pests and drought is a matter of life and death. The continent's leaders have become pawns in a wider mesh of conflicting trade and economic interests, bombarded by a confusing array of information blurring into propaganda.
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Several people were unable to get treatment at hospitals around the country Wednesday as a doctors' strike that began in Bulawayo on Monday spread to other parts of Zimbabwe.
Nine West African countries have agreed to pool information about the increasing resistance of malaria to existing drug treatments through the Muraz medical research centre at Bobo Dioulasso in Burkina Faso.
Uganda's well-documented fight against HIV and Aids will take a strange turn if a recommendation, by the Education Service Commission, to ask teachers living with the disease to resign is implemented. The Commissioner for Secondary Education and HIV/Aids co-ordinator in the Ministry of Education, Mr Yusuf Nsubuga, said on Wednesday that the recommendation would affect teachers who have been on sick leave for six or more months.
About 30,000 Sudanese refugees have been displaced from their homes within the Kakuma refugee camp in northwestern Kenya, due to fighting with the local Turkana people which has claimed 11 lives.
The Somali peace talks, currently underway in Kenya, are in danger of collapse if a compromise solution is not found to the selection and number of future parliamentarians, a faction leader warned on Wednesday.
Liberian rebels fighting to topple President Charles Taylor bombarded the capital city, Monrovia, with heavy mortar and rocket fire throughout the night and punched their way into the city centre on Wednesday morning.
Delegates from 28 countries across the Middle East and Africa called Monday for governments worldwide to ban female circumcision, the practice considered barbaric to women. "Governments, in consultation with civil society, should adopt specific legislation addressing female genital mutilation in order to affirm their commitment to stopping the practice and to ensure women's and girls' human rights," the delegates said at the close of their three-day conference in Cairo.
The United Nations Children's Fund (UNICEF) launched a campaign on Tuesday to get more girls into primary school in West and Central Africa. "Hopes of improving education in this part of Africa have been shattered by a devastating set of social and economic ills, coupled with internal conflicts in several countries," said UNICEF Executive Director Carol Bellamy.
An unknown number of rebels have been killed in fighting against government troops in northern Burundi, forcing up to 65,000 civilians to flee their homes, army and local authority officials told IRIN on Tuesday.
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The Federal Government has signed a grant agreement with the Global Fund for AIDS, Tuberculosis and Malaria for a grant of USD 150 million or 15 billion naira to fight HIV/AIDS, Malaria and Tuberculosis in the country. The country will have immediate access to funding for expansion of its anti-retroviral drug programme and prevention of mother to child transmission of HIV/AIDS.
Switzerland has given 1.2 million Swiss francs (US $903,478) to its partner organisations in eastern Democratic Republic of the Congo, the Swiss Agency for Development and Cooperation reported on Tuesday. In a statement, the agency said part of the funds would be used to build and operate an emergency clinic in Bunia, the main town in Ituri District where recent inter-militia fighting had resulted in hundreds of deaths and the displacement of thousands of civilians.
The United Nations High Commission for Refugees (UNHCR) stands accused of subjecting refugees within its African camps to illegal collective punishment by withdrawing food rations for weeks at a time. The organisation is also accused of allowing refugee elites to administer their own forms of 'traditional' justice, which typically see women locked up for adultery and 'criminals' flogged. These allegations and others were made by a distinguished refugee scholar who claims she has witnessed such human rights abuses during her research at several UNHCR refugee camps in Africa.
The failure of years of emergency food aid to solve Africa’s problems has prompted the specialist development NGO FARM-Africa to propose an urgent and fundamental change of policy by donor Governments and organisations to get the beleaguered continent back on its feet. According to FARM-Africa, it is the millions of smallholder farmers of sub-Saharan Africa who hold the key to reversing the downward spiral of poverty and starvation now gripping large parts of the continent.
The Anti-War Coalition (Jhb) is ratcheting-up its activities prior to U.S president George W. Bush's visit to Africa. "Bush comes to Africa to assist US imperialism. He wants to increase US multinational companies control of the resources of Africa," said the organisation in a statement.
Do global warming and bad development suggest a historical reversal of human progress? Is the development community failing to grasp the links between global warming, natural disasters and unsustainable development? Is conventional economic development undermining the markets of developing countries and reducing their capacities to cope with climate change?
What are the real economic, environmental and social costs of dams? Do the benefits of irrigation, electricity, flood control and water supply outweigh the damage they do to livelihoods, ecosystems and fisheries? How can the diverse groups of stakeholders affected by dams work together to identify risks and assess alternatives to dams?
Migration studies in southern Africa have looked in detail at the history and politics of movements of people to frontier zones. But have they paid enough attention to the impact on indigenous inhabitants? Are migrants really the agents of modernity they are often depicted to be?































