Impunity Watch: Africa

Gay Couple Arrested in Malawi

By Jonathan Ambaye
Impunity Watch Journal, Africa Desk

BLANTYRE, Malawi-Today, two men, Tiwonge Chimbalanga and Steven Monjeza, were arrested and jailed after participating in Malawi’s first same-sex public wedding ceremony over the weekend.  The ceremony took place on Saturday.  The two men are set to appear in court soon, to face charges of gross indecency. Homosexuality is banned in the conservative southern African country where discussions involving sexual orientation are still very taboo. The country’s penal code outlaws homosexuality and sodomy, which are both punishable by a maximum of fourteen years in jail.

Hundreds of people attended the ceremony. It was held at a guesthouse in Blantyre, which included traditional and hip-hop music and consisted of the two men wearing traditional robes. “I went there to see for myself a gay couple, “Finiasi Chikaoneka, one of the hundreds of people who attended the ceremony told, AFP.  “There were many people who were just curious about the whole affair because this was the first time that gays have come out openly,” he added.

The Malawi law society, composed of around 150 lawyers in Malawi, has condemned the wedding, saying it was illegal and “against the order of nature.” Gift Trapenze, who is in charge of the centre for the Development of People (“CEDEP”), which is in an advocate for gays, prostitutes, and prisoners, defended the couple, saying “they were expressing their legal rights.” Trapenze claims the wedding was aimed at challenging the Malawi laws which were silent on these issues. “the two individuals were expressing their sexual orientation as human beings. The police should not interefere in this matter,” he told AFP.

For more information please see:

AFP – Malawi Arrests Newly-Wed Gays For Gross Indecency – 29 December 2009

BBC – Malawi Gay Couple To Face Court After Engagement – 29 Decemeber 2009

NY Times – Malawi Police Arrest 2 Men for Engagement Ceremony – 29 December 2009

Nigerian Radical Attempts to Bomb US Passenger Plane

By Kylie M Tsudama
Impunity Watch Reporter, Africa

(Source:CBS)

LAGOS, Nigeria - Umar Farouk Abdulmutallab was charged on Saturday with trying to blow up Northwest Airlines flight 253, an American passenger plane carrying nearly 300 people. 

Abdulmutallab, a 23-year-old, London-educated Nigerian, boarded a flight in Lagos, Nigeria, changed planes in Amsterdam, and, as the flight was approaching Detroit, attempted to detonate a bomb.  Instead of exploding, however, the explosive device caught fire and burned the suspect.  He was treated for burns at a Detroit hospital before being transferred to a federal prison about 50 miles away in the city of Milan.

The suspect graduated from a prominent London university in June 2008 and soon after began showing signs of trouble.  He went to Dubai to continue his education but defied his family's wishes and went to Yemen to study Arabic and Shariah law (Islamic law). 

In May of this year, the UK denied Abdulmutallab re-entry because of the questionable nature of the university to which he said he was applying.

According to Nigeria's Minister of Information Dora Akunyili, he entered and left Nigeria on December 24, the day before the bombing attempt.

"The man in question has been living outside the country for a while.  He sneaked into Nigeria on the 24th of December and left the same day," she said.

His cousin Mohammed Mutallab claims that Abdulmutallab came into contact with extremist groups while studying in London and that he became influenced by these groups when he visited East London mosque.  The mosque has three times previously been accused of hosting Muslim extremist preachers.

Those in the town he grew up in blame his foreign education. 

"Everyone knew about the Mutallabs and the father is honest, generous, helpful and above all a prominent banker.  I cannot see why his son should be involved in this act.  My only advice to the elite is to allow their children to mingle with the children of the masses so that he will have some of the traditional morals and values that (the elder) Mutallab himself enjoyed," said Ibrahim Bello, a Funtua resident close to the Mutallab family home.

Abdulmutallab sent one final text message to his father, Alhaji Umaru Mutallab, in November saying he no longer wanted any contact with his family.  Mutallab and his wife applied for visas to Yemen to bring their son home but when they were denied, he alerted Nigerian and American officials.  He believed that his son had been "radicalized" during his trips outside the country. 

Authorities in the United States, Europe, and Africa are all trying to figure out where Abdulmutallab has been in the past year and under whose influence he came. 

"Nigerian security agencies are working hand-in-hand with international security agencies on this matter," said Akunyili.

For more information, please see:

AFP - Plane Bomb Suspect 'in Nigeria on December 24' - 28 December 2009

Independent - Nigerian in Aircraft Attack Linked to London Mosque - 28 December 2009

Wall Street Jourmal - Suspect's Privileged Existence Took Radical Turn - 28 December 2009

LA Times - Nigerian Accused of Trying to Destroy Northwest Airlines Flight Transferred to Federal Prison - 27 December 2009

Reuters - Nigeria Bomber's Hometown Blames Foreign Schooling - 27 December 2009

Uganda Under Fire for Anti-Gay Law

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

KAMPALA, Uganda-This week saw members of the United States Congress call on Ugandan President, Yoweri Museveni, to dismiss a proposed legislation imposing excessive penalties on homosexuals. According to reports, the legislation mandates a life sentence for a single act of homosexuality, and the death penalty if the individual is found to be HIV positive. The congressmen have sent letters to the President informing him of the legislation’s human rights violations implications and how it is inconsistent with the “Christian spirit of love and mercy.”

Congressman Frank Wolf, a Republican from the state of Viriginia said, “We think the legislation is wrong and inappropriate. We ask that he do everything he can to either veto the bill or kill the bill.” Other congressman who joined Wolf’s letter was representatives Chris Smith, Joe Pitts, Trent Franks, and Anh “Joseph” Cao. All of these congressmen are members of the Republican Executive Committee members of the Tom Lantos Human Rights Commission in the House of Representatives.

Uganda has been under fire recently by the international community as a result of the proposed legislation. Many countries who provide aid to the country, such as Sweden, have threatened to withdraw aid if the legislation is passed.  The Ugandan parliament is due to vote on the bill early next year. Currently there is legislation in place that already punishes individuals up to 14 years in jail for engaging in homosexual acts.

The Global Christian community has also called on Uganda to stop the legislation from passing. The Chief of the World Council of churches, Samuel Kobia said, “From the experience of many nations, it is very clear that if such a bill is enacted into law, it will leave a lot of room for manipulation, abuse, blackmail, and oppression of people.”

For more information please see:

BBC – Welsh Aid For Uganda Aide Despite Gay Death Penalty Plan – 23 December 2009

Reuters – Uganda Government Softens Proposed Anti-Gay Law – 23 December 2009

VOA – US Congressman Call on Ugandan President To Reject Anti-Homosexual Legislation – 23 December 2009

Insurgent Attacks Engulf Mogadishu, Killing Civilians in its Wake

By Jared Kleinman
Impunity Watch Reporter, Africa

MOGADISHU, Somalia - At least 15, mostly civilians have been killed and over 30 others injured in heavy clashes between Somali militants and government forces backed by African Union troops in the Somali capital, Mogadishu.

The clashes started on late Wednesday in the capital's KM4 and Dabka intersections and Shaqalaha road, where fighters loyal to Somalia's Hizbul Islam carried out surprise attacks on government positions, leading to heavy gun battle.

Insurgents fired mortars at government troops, prompting a heavier response of shells that killed civilians in several suburbs of Mogadishu and made residents cower indoors.

Mohammed Osman Arus, Hizbul Islam spokesman confirmed that his forces carried out attacks on government and AU troops, killing several soldiers. "We carried out attacks on their positions. I saw dead bodies of three AU soldiers with my on eyes," he claimed. AU troops' spokesman Barigye Bahoku, however, refuted those claims, when reached for comments.

It is believed that the Islamist insurgent attacks targeted the first parliament session held in the capital in months. The session was held in the mayor's office for security reasons and President Sharif Sheikh Ahmed had been due to attend it, officials said.

Retaliatory shelling rained down on Mogadishu's Bakara and Holwadag neighborhoods, causing several casualties, residents said. Bakara, which is notorious for its open-air weapons bazaar, has long been viewed by the government and the African Union force AMISOM as a stronghold of hardline Islamist al Shabaab insurgents who are trying to overthrow the country's transitional administration.

Washington accuses the rebel group of being al Qaeda's proxy in the failed Horn of Africa state. Western security agencies say that Somalia has become a safe haven for militants, including foreign jihadists, who are using it to plot attacks across the region and beyond.

Fighting in Somalia has killed 19,000 civilians since the start of 2007 and driven another 1.5 million from their homes, triggering one of the world's worst humanitarian emergencies.

For more information, please see:

Garowe Online - Mogadishu Clashes Kill 15, Injures 30 - 25 December 2009

Shabelle Media Network  - Heavy Shelling Kills Three, Injures 24 Others in Mogadishu - 20 December 2009

Reuters - Mortar shell attacks kills at least 14 in Somalia – 20 December 2009

AFP – Eight killed in mortar attack on MPs in Mogadishu – 20 December 2009

UN Suspends Peacekeeping Units in DRC Due to Increased Human Rights Violations

By Jared Kleinman
Impunity Watch Reporter, Africa

NEW YORK, New York- United Nations peacekeepers in the Democratic Republic of the Congo (DRC) have suspended support for units of the National Armed Forces (FARDC) due to evidence showing their operations have contributed to human rights violations in the conflict ridden region.

In January the Congolese and Rwandan governments began joint military operations against a Rwandan Hutu militia, the Democratic Forces for the Liberation of Rwanda (FDLR), in a five-week operation known as Umoja Wetu. It was followed in March by a second military operation, Kimia II, conducted with the support of the UN peacekeepers, which continued until this month.

A reported 1,400 civilians between January and September 2009 had been killed by Congolese or Rwandan troops and by rebels in eastern DRC as a result of the Kimia II military operations launched with the cooperation of the UN Mission in DRC, known as MONUC. The report is based on 23 Human Rights Watch fact-finding missions this year and interviews with over 600 victims, witnesses, and family members.

The Congolese government said the military operations were intended to bring peace and security to this volatile region. UN peacekeepers made important efforts to protect civilians in this complex and difficult terrain, Human Rights Watch said. But the peacekeeping force's role as a joint player in the military operations, providing substantial support to the Congolese army, has implicated peacekeepers in the abuses and undermined the mission's primary objective, which is to protect civilians.

Congolese army soldiers and FDLR rebel combatants have attacked civilians, accused them of being collaborators, and "punished" them by chopping many to death with machetes. Both sides also shot civilians as they tried to flee or burned them in their homes. Some victims were tied together before their throats were, according to one witness, "slit like chickens." The majority of the victims were women, children, and the elderly.

"Continued killing and rape by all sides in eastern Congo shows that the UN Security Council needs a new approach to protect civilians," said Anneke Van Woudenberg, senior researcher at Human Rights Watch. Over the first nine months of 2009, the UN recorded over 7,500 cases of sexual violence against women and girls across North and South Kivu in eastern Congo, nearly surpassing the figures recorded during all of last year, and probably representing only a fraction of the total. Most of the women and girls were gang raped, some so violently that they later died. Many women and girls were held as sex slaves by both the Congolese army and the FDLR for weeks or months at a time; they were raped repeatedly and some were mutilated and then killed by machete or shot in the vagina.

"Many UN Security Council ambassadors have visited Congo and expressed outrage at the massive sexual violence," said Van Woudenberg. "Yet rape is increasing - not decreasing - in eastern Congo. That outrage needs to be translated into bold and effective action to help protect these women and girls."

In responding to the UN’s recent suspensions, Secretary-General Ban Ki-moon stated, "MONUC continues to give the highest priority to the protection of civilians, which is something I strongly value. We have always acted in accordance with the mandate provided by the Security Council." "Unfortunately, the Kimia II operation has been proved to be where many civilian casualties have happened, and that is why we have immediately suspended our military operations and cooperation with some parts of the Congolese national forces."

The Secretary-General pointed out that MONUC's mandate is to help the Congolese Armed Forces, but stressed: "I made it, and we made it, quite clear that whenever there [are] grounds for violation of the human rights situation, then we will suspend these military operations." "There is an overall important mission that MONUC has to carry out in accordance with the Security Council mandate to preserve peace and security and to protect the civilian population,” said Ban Ki-moon. "I am not sure whether it is desirable to suspend the whole peacekeeping operation there. That is what the Security Council has to decide, in closely following the situation, as well as assessing the situation there."

For more information, please see:

UN News Service - UN Has Suspended Cooperation With Army Units Accused of Rights Abuses – 14 December 2009

Human Rights Watch - UN - Act to End Atrocities in Eastern Congo - 12 December 2009

Institute for War & Peace Reporting - Lubumbashi Tackles Abusive Officers - Better Training and Working Conditions Seen as Key to Ending Police Violations - 11 December 2009

Reuters - U.N. suspends support to Congo army units in east – 2 November 2009

 

UN Chief Calls for End to Saharawi Hunger Strike

By Kylie M Tsudama
Impunity Watch Reporter, Africa

RABAT, Morocco - Saharawi activist Aminatou Haider remains on hunger strike in the Spanish Canary Islands.  She has been on strike for nearly a month after being denied entry into Western Sahara for denying Moroccan citizenship.

Morocco called her strike part of "a systematic, methodical plot devised by Algeria."

Algeria has long been an ally of the Polisario Front independence movement.  Haider is accused of being aligned with the group.

"The lady is at the orders of her masters," said Communications Minister Khalid Naciri.  "She is being manipulated in a plan to divide and destabilize the region."  He added, "[Algiers] is in a position of weakness in relation to the plan for autonomy drawn up by Morocco for the Western Sahara and which is welcomed by the international community."

On Monday, United Nations Secretary General Ban Ki-moon said he is "deeply concerned" about Haider's failing health and has urged Moroccan Foreign Minister Taieb Fassi Fihri to return her.

"I hope that the foreign minister of Morocco will discuss this matter inside his country.  I expressed my very serious concern about her health on humanitarian grounds," said the Secretary General.  "She has been staging this hunger strike for over 25 or 26 days.  I am told that her health situation is deteriorating."

Morocco and Spain have long fought over Western Sahara.  After Spanish colonialism ended in 1975 and Spain withdrew from the region, Morocco took control.  Algeria has been supportive of ethnic Saharawi who are fighting for independence.

"We can't take responsibility for a systematic, methodical plot devised by Algeria.  Too much is too much," said Naciri.  He called Morocco and Spain "victims of a Machiavellian plan."

The Secretary General said the UN needs to do more to expedite political negotiations between Spain and Morocco.  He also said he is going to discuss with Christopher Ross, his Personal Envoy, about expediting the political process.  He also said that he will raise the humanitarian situation of Haider and ask that special attention be paid to the issue.

For more information, please see:

AllAfrica - Western Sahara: UN Chief Calls for 'Political Negotiations' on Territory - 15 December 2009

Xinhua - Ban Urges Morocco, Spain to End Saharawi Activist's Hunger Strike - 15 December 2009

AFP - Morocco Says Hunger Strike is an 'Algerian Plot' - 14 December 2009

Taylor Admits to "Covert" Account

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands-Last week saw more developments in the trial of former Liberian President, Charles Taylor.  The Sierra Leone Special Court Judges allowed the use of new documents by prosecutors to use in their cross examination of Taylor. The judge however said that any documents used to try and show Taylor’s guilt would need to be handed over to Taylor’s defense team in advance. The prosecution agreed to the court order to disclose all documents they intend to use to avoid further “misunderstandings”.

During the course of the prosecution’s cross-examination of Taylor, it has sought to use new evidence to impeach his credibility as a witness in his own defense. Taylor’s defense attorney has called the prosecution’s strategy a “trial by ambush”.  The presiding judge Justice Richard Lussic made the following orders in response to the dispute over the prosecution’s cross-examination of Taylor. The judge ordered that all documents be disclosed to the defense 24 hours prior to its use in court for cross-examination.

Last week also saw Taylor admit to having a “covert” account operated on behalf of the Liberian government, holding millions of dollars.  Prosecutors allege that this account was a personal accunt used to hide away money for Taylor from activities including trading of arms in exchange for Sierra Leone’s diamonds.

Upon Taylor’s admission to having the covert account, the prosecutor read portions of taylor’s pat statements in which he challenged anyone to bring evidence of any secret account that he was alleged to have operated.  The statement read, “I challenge any human being on this planet to bring one bank account that I have money there. If anyone on this planet knows of any asset or bank account anywhere, I authorize you to come forward. There are no bank accounts in the world that I have. If anone can bring any evidence that Charles Taylor has money in a bank account, then Charles Taylor is a liar.”

The prosecutor followed the statement with a reading of a document that indicated the opening of a new bank account signed by Charles Taylor. Taylor’s acknowledgement of this account strengthened the prosecutions efforts to discredit Taylor.

For more information please see:

Charles Taylor Trial – Personal Bank Account In Charles Taylor’s Name was A “Covert Account Operated on Behalf of The Government of Liberia, He Says – 7 December 2009

Charles Taylor Trial – As Judges Order Prosecution To Disclose To Defense All New Documents They Intend to Use In The Cross-Examination – 5 December 2009

Impunity Watch – Taylors Cross-Examination Continues – 8 December 2009

Female Circumcision Banned in Uganda

By Kylie M Tsudama
Impunity Watch Reporter, Africa

KAMPALA, Uganda - The Ugandan parliament voted unanimously to ban female genital mutilation, a traditional rite.

Female genital mutilation, also known as female circumcision, is the practice of cutting off a girl's clitoris.  In some eastern Ugandan communities it is practiced in girls up to the age of fifteen. 

"A majority of Ugandans felt it is a disgusting act, but you have to remember that this is a cultural belief that has been practiced for generations," said government spokesman Fred Opolot.  "That's what took the bill so long to pass."

The tradition, practiced in many African and Asian communities, has sparked international outcry.  Human rights activists say that the practice poses major health risks for girls, causing complications during sex and child birth.  These include bleeding, shock, infections, and could lead to death.

"The experience has also been related to a range of psychological and psychosomatic disorders," said the United Nations Population Fund.

Nearly 140 million women and girls have undergone this procedure and another three million face genital mutilation every year.  Most of the victims live in Africa and Asia, including India, Indonesia, and Malaysia. 

The bill, said Ugandan Member of Parliament Alice Alaso, was only a first step.  Nalule Safia Juuko, vice chair of the Ugandan Parliamentary Committee on Equal Opportunities, seconded that sentiment.

"We might later amend it to include compensations for women subjected to the practice," said Alaso.  "Our goal is to protect these girls, and we will continue to do so."

"But of course we realize as Parliament that an act alone can not do so much, given the fact that the practice has been an issue with that community for years and years," Juuko said.  "So what we also considered as Parliament yesterday, the Speaker asked the prime minister to tell us what the government is going to do in addition to passing the act."

Anyone convicted of female genital mutilation faces a ten-year jail sentence.  If the victim dies during the procedure the person convicted faces a life sentence.

For more information, please see:

AP - Uganda Government Outlaws Female Circumcision - 12 December 2009

CNN - Uganda Bans Female Circumcision - 12 December 2009

UPI - Uganda Bans Female Genital Mutilation - 12 December 2009

VOA - Uganda Bans Female Genital Mutilation - 11 December 2009

BBC - Uganda Bans Female Circumcision - 10 December 2009

UN Dispute Over Blood Diamonds

(Source:AFP)

By Kylie M Tsudama
Impunity Watch Reporter, Africa

NEW YORK, New York - The UN General Assembly on Friday was blasted for ignoring Zimbabwe's disregard for international efforts to curb the trade of "blood diamonds." 

According to a UN resolution, the "trade in conflict diamonds continues to be a matter of serious concern."  The United States, the EU, and a number of other Western delegations criticized the assembly for failing to mention concerns about Zimbabwe's alleged violation of the Kimberley Process safeguards.

The Kimberley Process Certification Scheme was set up in 2003 following civil wars in Angola, Sierra Leone, and Liberia.  Those wars were primarily funded by the diamond trade.  It imposes strict requirements on rough diamond shipments to certify them as "conflict-free."

Zimbabwe's UN Ambassador Boniface Chidyausiku said that Harare is "committed to the Kimberley Process," and rejected the notion that they were out of compliance.  He believes that the United States and other Western countries are trying to politicize the issue by criticizing his country.

According to Namibia's report to UN Secretary-General Ban Ki-moon, however, there were "credible indications of significant non-compliance with the minimum requirements of the [Kimberley Process] by Zimbabwe."

Namibia, the current chair of the Kimberley Process, warned that blood diamonds could be making a comeback, noting that internet sales and postal shipments have "proved it difficult to track and reconcile rough diamond shipments." 

Israel will take over Namibia's post as chair of the Kimberley Process in January.

Syria, Israel's enemy, fought to keep Israel's name from a key resolution.  Syrian Ambassador to the UN, Bashar Ja'afari, said, "Israel exploits trafficking in diamonds in Africa and other countries in the world in order to fund transactions to sell arms and to promote internal troubles in certain countries, thereby involving children in armed conflict."

Israel is one of the founders of the Kimberley Process and is a global trading center for rough diamonds. 

Before the Kimberley Process about fifteen percent of the world market was made up of conflict stones.  Now they are believed to make up only one percent, although many diamonds are untraceable.

For more information, please see:

AP - Syria hits Israel 'Conflict Diamond' Leadership - 11 December 2009

Delaware Online - Blood Diamonds Are No One's Best Friend - 11 December 2009

Relief Web - General Assembly Reaffirms Strong Support for Kimberley Process Certification Scheme Aimed at Ensuring Diamonds 'Conflict Free' - 11 December 2009

Reuters - Zimbabwe "Blood Diamonds" Dispute Breaks Out at U.N. - 11 December 2009

Vancouver Sun - UN Blood Diamond Session Goes Sideways Over Mention of Israel - 11 December 2009

Suicide Bomber Identified

By Kylie M Tsudama
Impunity Watch Reporter, Africa

MOGADISHU, Somalia - The Somali Government has announced that a Danish man, Abdulrahman Ahmed Haji, 26, was the suicide bomber who killed at least 22 people.  His parents, who live in Copenhagen, identified his body from photographs, said Somali Information Minister Dahir Gelle.

"He was one of the Somali children who fled from Somalia's war to Denmark, who returned to the country for a suicide attack when he got older," said Speaker of Somalia's Parliament, Sheikh Aden Mohamed Nor.  "He was sadly brainwashed by foreigners to massacre his people."

Sheikh Aden Mohamed Madobe added, "It is unfortunate that a child whose parents escaped Somalia's conflict and raised him in Europe came home with extremists ideologies and blew himself and innocent people up."

As a child the bomber lived in Somalia before moving to Denmark, where he lived for 20 years.  He returned to Somalia last year where he joined the Islamist al-Shabaab militant group.  The Danish Security and Intelligence Service (PET) said he was a "Somali citizen who had residence in Denmark."  Ahmed Dhaqane, a Somali community leader in Copenhagen, said that the suspect had become deeply religious during his time in Denmark before moving back to Somalia with his pregnant wife.

An investigation into the attack revealed who the bomber was, however the government has declined to give any more information about the investigation or the bomber himself.

The bombing took place at a graduation for medical students from Benadir University in one of the few government-controlled parts of Mogadishu on December 3.  The bomber was disguised as a veiled woman.  Among those killed were three ministers.

The attack sparked public backlash against the militant group.  Dozens of Somali protestors walked through the capital, some burning black banners representing al-Shabaab.

One of the world's worst humanitarian disasters, the current fighting has killed at least 19,000 Somali civilians and displaced another 1.5 million from their homes since the beginning of 2007.

For more information, please see:

AP - Experts: Somali Islamists Improving Tactics, Bombs - 11 December 2009

Reuters - Somali Speaker Says Suicide Bomber Was Danish - 11 December 2009

WSJ - Somalia Identifies Bomber - 11 December 2009

BBC - Somali Bomber 'Was From Denmark' - 10 December 2009