Gilbert Bukenya and Donald Rumsfeld face a similar court ruling, though on different sides of the ocean. All are in court battles, pleading to the journeys on the pedal of immunity against the charges they face.
From the Desktop.
Kampala: FORMER Vice President, Prof. Gilbert Bukenya has no presidential immunity and therefore must stand trial over the CHOGM vehicles procurement process, the Constitutional Court ruled this morning.
“We emphasise that immunity is a right or privilege given by law. It cannot therefore be inferred from language used. There must be clear and unequivocal expression conferring that right of privilege… Had the promulgators of the 1995 Constitution so wished, they could have, with ease, used similar language. Thus no one else, not even the President who delegates or assigns duties can grant that immunity to anyone else…,” the five Justices unanimously ruled.
In July, the Constitutional court halted the criminal proceedings against Bukenya at the Anti-Corruption Court, pending the hearing and determination of his Constitutional petition challenging the proceedings.
Washington: A federal district court judge in Washington, D.C., determined that a lawsuit filed against former Defense Secretary Donald Rumsfeld could go on. This was despite claims from Rumsfeld and the Obama administration that he should be immune from suit. After assessing the claims of "John Doe," Judge James S. Gwin found that American citizens don’t lose their constitutional rights simply because it's wartime.
"The court finds no convincing reason," wrote Gwin, "that United States citizens in Iraq should or must lose previously-declared substantive due process protections during prolonged detention in a conflict zone abroad."
On Monday, a three-judge panel from the Chicago-based 7th Circuit Court of Appeals came to pretty much the same conclusion. Reviewing a different lawsuit, filed by two different military contractors, alleging similar forms of abuse at the same camp, the panel determined, with one judge filing a partial dissent, that their suit against Rumsfeld could proceed..
As Adam Serwer explained a week before: "When deciding whether or not these cases are allowed to go forward, judges have to assume that the plaintiff's version of events is 'reasonable.' So part of what Rumsfeld and his team have to argue is that even if the allegations were true, the law doesn't allow Doe to sue the government for torturing him and detaining him without trial."
Wednesday, September 7, 2011
Sunday, July 10, 2011
The death toll in a plane crash in the Democratic Republic of Congo has dropped to 82, the state news agency reported Saturday.
Rescuers pulled 36 survivors from the wreckage, including two children who are under the care of the U.N., state news agency ACP said.
The Boeing 727 operated by Hewa Bora Airways had 118 onboard. It was trying to land in bad weather when it crashed and hit an obstacle on the ground, according to state media.
Among the fatalities were three soccer referees, who were scheduled to officiate a national league match on Sunday, the news agency said.
A Congolese army general who heads the fight against Ugandan guerrillas in the nation's restive eastern region was among the survivors, the news agency reported.
The plane was originally headed from the capital of Kinshasa to the eastern city of Goma, according to the news agency, but crashed during a scheduled stop in Kisangani.
Hewa Bora is one of many African airlines banned by the European Union due to security concerns. It is the second fatal accident involving the airline in three years, after its DC-9 airliner ploughed into a suburb of the eastern Congolese city of Goma, killing 44, in 2008.
In April, 32 people were killed when a UN plane crashed as it tried to land at the airport serving Congo's capital Kinshasa. The operator of the plane was Georgian flag carrier Airzena Georgian Airways.
Rescuers pulled 36 survivors from the wreckage, including two children who are under the care of the U.N., state news agency ACP said.
The Boeing 727 operated by Hewa Bora Airways had 118 onboard. It was trying to land in bad weather when it crashed and hit an obstacle on the ground, according to state media.
Among the fatalities were three soccer referees, who were scheduled to officiate a national league match on Sunday, the news agency said.
A Congolese army general who heads the fight against Ugandan guerrillas in the nation's restive eastern region was among the survivors, the news agency reported.
The plane was originally headed from the capital of Kinshasa to the eastern city of Goma, according to the news agency, but crashed during a scheduled stop in Kisangani.
Hewa Bora is one of many African airlines banned by the European Union due to security concerns. It is the second fatal accident involving the airline in three years, after its DC-9 airliner ploughed into a suburb of the eastern Congolese city of Goma, killing 44, in 2008.
In April, 32 people were killed when a UN plane crashed as it tried to land at the airport serving Congo's capital Kinshasa. The operator of the plane was Georgian flag carrier Airzena Georgian Airways.
Monday, June 27, 2011
4,000 UN Peacekeepers for Abyei Region
From South Sudan; The United States has introduced a UN resolution that would deploy a 4,200-strong Ethiopian peacekeeping force to Sudan's disputed Abyei region, the scene of heavy fighting in recent weeks.
Susan Rice, US ambassador to the UN, said the resolution will support an agreement signed on Monday by the Khartoum-based government in the north, and the government of south Sudan, to demilitarise the contested border region.
Both parties have agreed to allow Ethiopian peacekeepers in. Rice told reporters that the two parties requested the troops to be deployed under UN auspices and called for swift adoption of the resolution by the Security Council so they can get on the ground in Abyei immediately.
The demilitarisation deal is "fragile", and a deployment of 4,200 peacekeepers will enable it to be "implemented immediately and effectively".
Under the 2005 peace agreement which ended Sudan's civil war, the region was granted special status and in 2008, a joint administration was set up to run it. A vote on Abyei's future had been scheduled to take place in January - at the same time as the independence referendum - but was postponed indefinitely.
The violence in Abyei and neighbouring south Kordofan comes as south Sudan prepares to declare independence from the north on July 9, the culmination of a 2005 peace deal.
The north's invasion of the Abyei region and takeover of the town of Abyei was triggered by an attack on May 19 on northern and UN troops by southern soldiers. On 21 May, the north sent troops into the region, sparking international condemnation and fears of a new civil war.
John Temin, of the United States Institute of Peace, told Al Jazeera that: "It is important to be very clear that this is a temporary agreement that was reached. The fundamental question of whether Abyei is part of north or south remains unresolved and we are no where closer to resolving that question as a result of this agreement."
What this agreement does is remove some of the northern troops who moved into Abyei several week ago and put in Ethiopan troops to try and calm the situation, Temin said.
Abyei tensions
While south Sudan's independence is expected to take place on schedule, crucial issues remain unresolved. The areas of debate include: the future of Abyei, which is supposed to be decided in a referendum; the north-south border demarcation; how oil revenues and other resources will be shared; and citizenship.
Violence began in south Kordofan earlier this month when Sudan's military attacked a black community aligned with Sudan's south.
The UN says that about 10,000 people have fled the region to escape the violence.
Susan Rice, US ambassador to the UN, said the resolution will support an agreement signed on Monday by the Khartoum-based government in the north, and the government of south Sudan, to demilitarise the contested border region.
Both parties have agreed to allow Ethiopian peacekeepers in. Rice told reporters that the two parties requested the troops to be deployed under UN auspices and called for swift adoption of the resolution by the Security Council so they can get on the ground in Abyei immediately.
The demilitarisation deal is "fragile", and a deployment of 4,200 peacekeepers will enable it to be "implemented immediately and effectively".
Under the 2005 peace agreement which ended Sudan's civil war, the region was granted special status and in 2008, a joint administration was set up to run it. A vote on Abyei's future had been scheduled to take place in January - at the same time as the independence referendum - but was postponed indefinitely.
The violence in Abyei and neighbouring south Kordofan comes as south Sudan prepares to declare independence from the north on July 9, the culmination of a 2005 peace deal.
The north's invasion of the Abyei region and takeover of the town of Abyei was triggered by an attack on May 19 on northern and UN troops by southern soldiers. On 21 May, the north sent troops into the region, sparking international condemnation and fears of a new civil war.
John Temin, of the United States Institute of Peace, told Al Jazeera that: "It is important to be very clear that this is a temporary agreement that was reached. The fundamental question of whether Abyei is part of north or south remains unresolved and we are no where closer to resolving that question as a result of this agreement."
What this agreement does is remove some of the northern troops who moved into Abyei several week ago and put in Ethiopan troops to try and calm the situation, Temin said.
Abyei tensions
While south Sudan's independence is expected to take place on schedule, crucial issues remain unresolved. The areas of debate include: the future of Abyei, which is supposed to be decided in a referendum; the north-south border demarcation; how oil revenues and other resources will be shared; and citizenship.
Violence began in south Kordofan earlier this month when Sudan's military attacked a black community aligned with Sudan's south.
The UN says that about 10,000 people have fled the region to escape the violence.
Sudan and Black Gold
Sudanese President Omar al-Bashir has threatened to shut pipelines carrying South Sudan's oil if a deal; the south could continue to hand over half of its oil revenue to the north, or it could pay for using the north's oil infrastructure, is not reached before it secedes in July.
The BBC's James Copnall in the capital, Khartoum, says oil accounts for about 98% of the south's income, so any reduction in the oil flow would be disastrous.
Abdullahi al-Azreg, Sudan's UK ambassador, told the committee preparing the report that Norway had been advising both sides on negotiations for the split. "They have suggested a kind of financial transitioning in which Sudan - the predecessor state - will have 50% of the oil revenue, but this percentage will diminish to zero over six years," he said.
South Sudan's UK envoy Daniel Peter Othol said the south would consider its options, and that building an alternative pipeline through Kenya could take three years to complete.
A new report published by the House of Lords, the UK's upper chamber of parliament, highlights the many issues that will bedevil future Sudanese relations, including oil.
The report - The EU and Sudan: on the Brink of Change - says that in the last six years the south has received around $11bn (£6.8bn) from its oil so far, but there is little to show for these revenues.
The report concludes that "the risk that the new country of South Sudan will fail as a state is high, even if the international community maintains the current levels of assistance and support".
The BBC's James Copnall in the capital, Khartoum, says oil accounts for about 98% of the south's income, so any reduction in the oil flow would be disastrous.
Abdullahi al-Azreg, Sudan's UK ambassador, told the committee preparing the report that Norway had been advising both sides on negotiations for the split. "They have suggested a kind of financial transitioning in which Sudan - the predecessor state - will have 50% of the oil revenue, but this percentage will diminish to zero over six years," he said.
South Sudan's UK envoy Daniel Peter Othol said the south would consider its options, and that building an alternative pipeline through Kenya could take three years to complete.
A new report published by the House of Lords, the UK's upper chamber of parliament, highlights the many issues that will bedevil future Sudanese relations, including oil.
The report - The EU and Sudan: on the Brink of Change - says that in the last six years the south has received around $11bn (£6.8bn) from its oil so far, but there is little to show for these revenues.
The report concludes that "the risk that the new country of South Sudan will fail as a state is high, even if the international community maintains the current levels of assistance and support".
Africa's top Investment Destinations
From the Boardroom; International investors choose South Africa, Nigeria and Kenya as the best African countries on the continent for investment in 2011. A survey conducted by Africa Business Panel among 800 business professionals involved with Africa shows that these 3 countries were earmarked as the continent’s favourites when it comes to international investment. Ghana, Angola, Tanzania, Rwanda, Botswana, Uganda and Mozambique are the runners up and complete the top ten countries for investment out of 53 economies on the African continent.
Virtually all African economies show promising year-on-year growth. This is attracting the attention of the international investor community who increasingly see Africa as ‘the last frontier’ for attractive growth opportunities. Research and numerous survey results among the international investor community consistently indicate that investors expect over half of the ten fastest growing economies in the world in 2011 to be African.
The Africa Business Confidence Index has published a month-on-month business confidence index since January 2011. The index results for Africa based on surveys of 800 business professionals from more than 30 countries on the continent consistently show growth. Calculations are based on the purchase managers index methodology used globally. The outcome of the business confidence index for the African continent is consistent with the trust of the international investor community. The manufacturing business confidence index for May is 53.8 and for non-manufacturing 57.1 for the same month. Any number over 50 indicated growth.
It is no coincidence that the top-10 countries selected by the international investor community in 2011 are all sub-Saharan. Northern Africa has suffered a set back in confidence from investors owing to the political turmoil which started at the beginning of the year.
Another interesting outcome with regard to the most attractive African economies to invest in is the fact that they are among the largest on the continent and - with the exception of Rwanda – non-Francophone.
The top-10 African countries selected by the international investor community in 2011 in order of preference:
Top 10
1. South Africa
2. Nigeria
3. Kenya
4. Ghana
5. Angola
6. Tanzania
7. Rwanda
8. Botswana
9. Uganda
10. Mozambique
Virtually all African economies show promising year-on-year growth. This is attracting the attention of the international investor community who increasingly see Africa as ‘the last frontier’ for attractive growth opportunities. Research and numerous survey results among the international investor community consistently indicate that investors expect over half of the ten fastest growing economies in the world in 2011 to be African.
The Africa Business Confidence Index has published a month-on-month business confidence index since January 2011. The index results for Africa based on surveys of 800 business professionals from more than 30 countries on the continent consistently show growth. Calculations are based on the purchase managers index methodology used globally. The outcome of the business confidence index for the African continent is consistent with the trust of the international investor community. The manufacturing business confidence index for May is 53.8 and for non-manufacturing 57.1 for the same month. Any number over 50 indicated growth.
It is no coincidence that the top-10 countries selected by the international investor community in 2011 are all sub-Saharan. Northern Africa has suffered a set back in confidence from investors owing to the political turmoil which started at the beginning of the year.
Another interesting outcome with regard to the most attractive African economies to invest in is the fact that they are among the largest on the continent and - with the exception of Rwanda – non-Francophone.
The top-10 African countries selected by the international investor community in 2011 in order of preference:
Top 10
1. South Africa
2. Nigeria
3. Kenya
4. Ghana
5. Angola
6. Tanzania
7. Rwanda
8. Botswana
9. Uganda
10. Mozambique
Rwanda: Ex-women's minister guilty of genocide, rape
From the Gallery; Pauline Nyiramasuhuko, 65, a former Rwandan women's minister has been sentenced to life in prison for her role in the genocide and the rape of Tutsi women and girls, becoming the first woman convicted by the UN-backed tribunal for the Rwanda genocide.
Nyiramasuhuko, who was family affairs and women's development minister, was accused of ordering and assisting in the massacres in her home district of Butare in southern Rwanda. She was found guilty, along with her son and four other former officials, after a 10-year trial.
She was found guilty on seven of the 11 charges she faced. She had denied all the charges.
Some 800,000 ethnic Tutsis and moderate Hutus were killed during the 1994 massacres.
The prosecution at the International Criminal Tribunal for Rwanda (ICTR) accused her of taking part in the government decision to create militias throughout the country. Their mission was to wipe out the Tutsi population as fast as possible.
"The chamber convicts Pauline Nyiramasuhuko of conspiracy to commit genocide, crimes against humanity, extermination, rape, persecution and... violence to life and outrages upon personal dignity," read the ruling by the trial's three judges.
During the genocide she ordered women and girls to be raped and forced people onto trucks - they were driven away to be killed.
Her son, Arsene Shalom Ntahobali, who was in his early 20s at the time, headed a militia that carried out the massacres. He also raped women.
• HIGHLIGHTS
• 800,000 people killed in 100 days
• Hutu extremists massacred ethnic Tutsi minority and political opponents
• Roadblocks set up where people were identified by their ID papers and slaughtered with machetes
• Ended when Tutsi rebels led by Paul Kagame seized power in Kigali in June 1994
• Many Hutus fled into DR Congo, sparking years of unrest in the region
Presiding Judge William Sekule said scores of ethnic Tutsis were killed after taking refuge in a local government office.
"Hoping to find safety and security, they instead found themselves subject to abductions, rapes, and murder. The evidence... paints a clear picture of unfathomable depravity and sadism," he said.
Ntahobali and one other local official were sentenced to life in prison, while three others were jailed for between 25 and 35 years.
The trial opened in 2001, making it the longest held by the ICTR.
The Rwandan government, led by Paul Kagame who ended the genocide, has long complained about the slow pace of justice at the tribunal, based in Arusha, Tanzania.
After the genocide, she fled to neighbouring Democratic Republic of Congo (then Zaire), before being arrested in Kenya in 1997, reports the AFP news agency.
A BBC correspondent says that although she was the only woman on trial for genocide before the ICTR, many other women have been convicted of genocide in Rwandan courts. Two nuns were found guilty of participating in the genocide by a court in Belgium.
Nyiramasuhuko, who was family affairs and women's development minister, was accused of ordering and assisting in the massacres in her home district of Butare in southern Rwanda. She was found guilty, along with her son and four other former officials, after a 10-year trial.
She was found guilty on seven of the 11 charges she faced. She had denied all the charges.
Some 800,000 ethnic Tutsis and moderate Hutus were killed during the 1994 massacres.
The prosecution at the International Criminal Tribunal for Rwanda (ICTR) accused her of taking part in the government decision to create militias throughout the country. Their mission was to wipe out the Tutsi population as fast as possible.
"The chamber convicts Pauline Nyiramasuhuko of conspiracy to commit genocide, crimes against humanity, extermination, rape, persecution and... violence to life and outrages upon personal dignity," read the ruling by the trial's three judges.
During the genocide she ordered women and girls to be raped and forced people onto trucks - they were driven away to be killed.
Her son, Arsene Shalom Ntahobali, who was in his early 20s at the time, headed a militia that carried out the massacres. He also raped women.
• HIGHLIGHTS
• 800,000 people killed in 100 days
• Hutu extremists massacred ethnic Tutsi minority and political opponents
• Roadblocks set up where people were identified by their ID papers and slaughtered with machetes
• Ended when Tutsi rebels led by Paul Kagame seized power in Kigali in June 1994
• Many Hutus fled into DR Congo, sparking years of unrest in the region
Presiding Judge William Sekule said scores of ethnic Tutsis were killed after taking refuge in a local government office.
"Hoping to find safety and security, they instead found themselves subject to abductions, rapes, and murder. The evidence... paints a clear picture of unfathomable depravity and sadism," he said.
Ntahobali and one other local official were sentenced to life in prison, while three others were jailed for between 25 and 35 years.
The trial opened in 2001, making it the longest held by the ICTR.
The Rwandan government, led by Paul Kagame who ended the genocide, has long complained about the slow pace of justice at the tribunal, based in Arusha, Tanzania.
After the genocide, she fled to neighbouring Democratic Republic of Congo (then Zaire), before being arrested in Kenya in 1997, reports the AFP news agency.
A BBC correspondent says that although she was the only woman on trial for genocide before the ICTR, many other women have been convicted of genocide in Rwandan courts. Two nuns were found guilty of participating in the genocide by a court in Belgium.
Africa Security Report
Declassified
DRC: Ex-rebels accused of mass rape
At least 60 women were reportedly raped in the eastern DRC town of Fizi between June 10 and June 12 according to aid workers from Médecins sans Frontières. The attacks are being blamed on a group of ex-rebels who had joined the Congolese Army but deserted in early June.
The same group was also blamed earlier this year for the mass rape of at least 50 women on New Year's Day in Fizi.
Meanwhile, four police officers were on June 23 convicted for the murder of prominent human rights activist, Floribert Chebeya. Chebeya was killed on June 2 last year ahead of his meeting with the National Chief Police Inspector. Activist Chebeya had founded the group "Voice of the Voiceless" that protested against the lack of civil liberties and persecution of opposition figures in DRC.
The UN described DRC as "the rape capital of the world," and the conflict is notorious for rampant sexual abuse of women and girls.
SENEGAL: President drops poll bill
President Wade withdrew a bill that proposed constitutional changes after Justice Minister Cheikh Sy announced the withdrawal of the draft legislation on June 23.
Under the proposed reform, the proportion of votes required to win a presidential election and avoid a run-off would have reduced from more than 50 percent to 25 percent.
The President also sought to create the post of the Vice-President.
The bill sparked violent protests in the capital with police firing tear gas and rubber bullets at the protesters; 100 people were reportedly injured including 12 policemen.
Critics state that the bill would have provided an easy win in the elections for the incumbent President standing against a fractured opposition. They also feared that the President's son Karim Wade, already a powerful minister, would be appointed as the Vice-President.
SOMALIA: New Prime Minister named
President Ahmed on June 23 named Abdiweli Mohamed Ali, as the new Prime Minister. Abdiweli Mohamed Ali is a Somali-American. He holds a Masters in Public Administration from Harvard University and a Ph.D. in Economics.
He served previously as the Planning Minister in the Transitional Federal Government (TFG). Ali stated that he hopes to succeed in overcoming Somalia's economic crisis and insecurity. His appointment was made after the previous Prime Minister Mohamed stepped down as part of the UN-backed deal signed in Kampala last week.
The TFG is marred by corruption and internal divisions. The UN-backed deal ended the infighting between President Ahmed and the Speaker of Parliament Aden. They agreed to extend the government's term till August 2012 and also postponed elections until next year.
ZIMBABWE: Monitoring body lifts ban on diamonds from Zimbabwean region
The Kimberley Process lifted the ban on the sale of diamonds from Zimbabwe's troubled Marange fields in a Kinshasa-based meeting this week, but stated they will continue to closely monitor exports.
The decision allows sale of rough cuts from mines in the Marange region in eastern Zimbabwe. The ban was originally sanctioned after the Zimbabwe military took control of the fields in 2008. 200 people were reported killed and tens of thousands of small miners were forcibly evicted.
The decision created a rift within the Kimberley Process; participating NGOs walked out ahead of the final decision protesting that Zimbabwe was yet to adhere to human rights standards.
DRC: Ex-rebels accused of mass rape
At least 60 women were reportedly raped in the eastern DRC town of Fizi between June 10 and June 12 according to aid workers from Médecins sans Frontières. The attacks are being blamed on a group of ex-rebels who had joined the Congolese Army but deserted in early June.
The same group was also blamed earlier this year for the mass rape of at least 50 women on New Year's Day in Fizi.
Meanwhile, four police officers were on June 23 convicted for the murder of prominent human rights activist, Floribert Chebeya. Chebeya was killed on June 2 last year ahead of his meeting with the National Chief Police Inspector. Activist Chebeya had founded the group "Voice of the Voiceless" that protested against the lack of civil liberties and persecution of opposition figures in DRC.
The UN described DRC as "the rape capital of the world," and the conflict is notorious for rampant sexual abuse of women and girls.
SENEGAL: President drops poll bill
President Wade withdrew a bill that proposed constitutional changes after Justice Minister Cheikh Sy announced the withdrawal of the draft legislation on June 23.
Under the proposed reform, the proportion of votes required to win a presidential election and avoid a run-off would have reduced from more than 50 percent to 25 percent.
The President also sought to create the post of the Vice-President.
The bill sparked violent protests in the capital with police firing tear gas and rubber bullets at the protesters; 100 people were reportedly injured including 12 policemen.
Critics state that the bill would have provided an easy win in the elections for the incumbent President standing against a fractured opposition. They also feared that the President's son Karim Wade, already a powerful minister, would be appointed as the Vice-President.
SOMALIA: New Prime Minister named
President Ahmed on June 23 named Abdiweli Mohamed Ali, as the new Prime Minister. Abdiweli Mohamed Ali is a Somali-American. He holds a Masters in Public Administration from Harvard University and a Ph.D. in Economics.
He served previously as the Planning Minister in the Transitional Federal Government (TFG). Ali stated that he hopes to succeed in overcoming Somalia's economic crisis and insecurity. His appointment was made after the previous Prime Minister Mohamed stepped down as part of the UN-backed deal signed in Kampala last week.
The TFG is marred by corruption and internal divisions. The UN-backed deal ended the infighting between President Ahmed and the Speaker of Parliament Aden. They agreed to extend the government's term till August 2012 and also postponed elections until next year.
ZIMBABWE: Monitoring body lifts ban on diamonds from Zimbabwean region
The Kimberley Process lifted the ban on the sale of diamonds from Zimbabwe's troubled Marange fields in a Kinshasa-based meeting this week, but stated they will continue to closely monitor exports.
The decision allows sale of rough cuts from mines in the Marange region in eastern Zimbabwe. The ban was originally sanctioned after the Zimbabwe military took control of the fields in 2008. 200 people were reported killed and tens of thousands of small miners were forcibly evicted.
The decision created a rift within the Kimberley Process; participating NGOs walked out ahead of the final decision protesting that Zimbabwe was yet to adhere to human rights standards.
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