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VICTIMS AND SURVIVORS OF THE GATUMBA MASSACRE OF BANYAMULENGE REFUGEES IN BURUNDI STILL CRY FOR JUSTICE

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From the peacebuilding group Ubuntu:

VICTIMS AND SURVIVORS OF THE GATUMBA MASSACRE OF BANYAMULENGE REFUGEES IN BURUNDI STILL CRY FOR JUSTICE

Eight years have passed since 164 Congolese citizens were savagely killed, some burned alive, on 13 August 2004. The victims were slayed while under the protection of the United Nations High Commission for Refugees (UNHCR) in the Gatumba refugee camp in Burundi. Hundreds of others were injured. The overwhelming majority of victims – many of them women and children – belonged to the Banyamulenge community. They had sought refuge in Burundi to escape from political oppression in South Kivu, Eastern Democratic Republic of Congo. A report dated 18 October 2004 jointly produced by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), the United Nations Operation in Burundi (ONUB) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) concluded that the attack was clearly directed against the Banyamulenge refugees and apparently, ethnically and politically motivated. Various sources, including the above UN report as well as a report by Human Rights Watch, compiled credible evidence leaving little doubts over the responsibilities in the massacre. The evidence clearly indicated that the Burundian Forces Nationales de Libération (PALIPEHUTU-FNL), the Forces Démocratiques de Libération du Rwanda (FDLR), the Congolese army (FARDC) and Mayi Mayi militia were directly involved in the Gatumba massacre.

The UN report asserted that many of these foreign armed groups operating in the eastern Democratic Republic of the Congo and Burundi border region harbour resentments against the targeted group and others such as FARDC and Mayi Mayi militia may have political motives for preventing the refugees from returning to the Democratic Republic of the Congo. PALIPEHUTU-FNL, then a rebel movement led by Agathon Rwasa, openly confessed its responsibility in this massacre. The ideology underlying the commission of the genocide in Rwanda one decade earlier was evident in the perpetration of the Gatumba massacre in August 2004. The UN report documented the fact that the attackers chanted such slogans as “we will exterminate all the Tutsis in Central Africa”; “kill these dogs, these Tutsis”; “today, you Tutsis, whether you are Rwandese, Congolese or Burundian, you will be killed”.

The massacre was widely condemned by several countries from around the globe as well as by supranational institutions such as the African Union, the European Union and the United Nations. Many of them pledged to support endeavours aimed at bringing the perpetrators to justice. The United Nations urged countries in the sub-region to cooperate in investigating the massacre and bringing perpetrators to justice. Eight years after the event, no single step has been taken to deliver justice for the slain and surviving victims of the Gatumba massacre. The uproar that accompanied the commission of the crime has faded and victims face the sad prospect of never seeing justice done. The peculiar circumstances of a crime committed against Congolese citizens, on Burundian territory, by Congolese national army and armed groups reportedly originating from three different or neighbouring countries of the region complicate, if not annihilate any prospects of domestic prosecutions against perpetrators of the crime. Victims are nonetheless still crying for justice. The inaction of Burundian, Congolese and other sub-regional authorities imposes a duty on the international community to get actively involved in delivering on the promise of justice made to them in the aftermath of the crime.

This eighth remembrance of the victims of the Gatumba massacre occurs at a time of revived tensions in eastern Kivu, the homeland of the slayed victims. Sources of the continued tensions include the unresolved socio-political and legal issues including elusive promises of justice and redress. Crimes committed in the DRC over the last decades have claimed numerous victims from the various communities living in the country. All victims deserve justice. Owing to the particular circumstances of the massacre and to the involvement of numerous actors, domestic and international initiatives aimed at delivering justice to the victims generally ignore the victims of the Gatumba massacre. This is evidenced by the non-coverage of the Gatumba massacre in the 2010 UN Mapping Report.

On this eighth remembrance of victims of the Gatumba massacre, UBUNTU notes that since the crime was committed, no active steps have been taken to bring perpetrators to justice. UBUNTU therefore urges:

• The international community to deliver on the promise of justice made to survivors of the Gatumba atrocities in the immediate aftermath of the crime.
• The United Nations to use all appropriate means to bring Agathon Rwasa and other perpetrators of the massacre to justice.
• The Burundi, the Democratic Republic of Congo and other sub-regional countries to cooperate in rehabilitating the victims.

For Ubuntu: Dr Felix Ndahinda and Alex Mvuka Ntung

UBUNTU is an organisation created by individuals from eastern DRC for purposes of contributing to initiatives aimed at preventing violence and working towards sustainable peace and conflict resolution in their native land and the wider Great Lakes Region of Africa. UBUNTU membership includes individuals who survived the Gatumba massacre. UBUNTU is one of only few actors who have constantly tried to remind the international community of the unfulfilled promise of justice for victims of the Gatumba massacre. It is an international peace-building and non-profit organization based in Brussels.

UBUNTU – Initiative for Peace and Development
Rue Creuse 60, B-1030 Brussels, Belgium, Enterprise no: 891.545.509, Approved by the
Belgium Royal Decree of 26th.07.2007.

Written by Richard Wilson

August 13, 2012 at 11:22 am

Guest post: “the Burundian diaspora will need to pick up signs, rally, blog, write letters to editors to educate the donors’ taxpayers” – Thierry Uwamahoro

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“Free Kavumbagu” cause makes its way to the Rally to Restore Sanity in Washington, DC – guest post by Thierry Uwamahoro

Yes, you saw right! That was a “Free Kavumbagu” sign among the thousands of other rally signs that either made you laugh or left you scratching your head as you attempted to understand what they meant or who their intended audience was.

This Saturday (10.30.10), hundreds of thousands of Americans flocked to Washington, DC to join a rally whose objective was to restore sanity in the discourse of American politics.

However, American politics are never too far from world affairs as the American people pride themselves in calling their President, the “Leader of the Free World”. As a Burundian residing near Washington, DC, I was drawn to think of a fellow Burundian – a journalist – who was not part of the “Free World” as the Rally to Restore Sanity went on.

Jean Claude Kavumbagu is an internationally-renowned journalist and human rights defender who has been unjustly arrested five times in this decade, but has never been found guilty. Today, he remains behind bars, despite promises by Burundian authorities and global calls for his release.

On July 17th, 2010, Jean Claude Kavumbagu was arrested and later jailed over an article that he published on his online journal “Net Press”. The article questioned the preparedness of the Burundian security forces, were the Somalia based militia Al-Shabab to attack Bujumbura (Burundi). The Burundian government considered the publication of such article “treason”, a charge that carries a life imprisonment sentence. Paradoxically, treason is an offense that Burundian law only recognizes when the country is at war due to external aggression. This is not the case today!

Last September, after meetings with some of Burundi’s highest officials, Omar Faruk Osman (President of the Federation of African Journalists) and his delegation left Bujumbura (Burundi) on a highly promising and optimistic note summed up in these words: “We agreed with the leadership of the country the urgency to resolve the case of Kavumbagu and our message was clear that was no longer a mere Burundian affair but an African and international press freedom case”.

Jean Claude Kavumbagu’s freedom has become a national, regional, continental and global issue. The Union of Burundian Journalists and the entire Burundian civil society, the East African Journalists Association, the East and Horn of Africa Human Rights Defenders Project, the Federation of African Journalists, Reporters Without Borders, FrontLine, the Committee to Protect Journalists, the International Federation of Journalists, Human Rights Watch; to name just a few – have all called for the release of Jean Claude Kavumbagu.

But all these calls have fallen on deaf ears. Mr. Kavumbagu has –this week – passed the 100 day mark behind bars in the notorious “Mpimba” prison, despite his constitutional rights to freedom of opinion and expression. The call for Kavumbagu’s freedom must not fade. This is no time to despair and quit.

But why carry the call to Washington, DC? This week, according to the journal Arc-en-Ciel, Washington hosted a high level delegation comprised of Burundian security apparatus heavyweights: the Director of military cabinet in the office of the President (Major General Evariste Ndayishimiye), the Minister of Internal Security (General Alain Guillaume Bunyoni) and the army chief of staff (Major General Godefroid Niyombare) alongside the top civilian advisor to the President. The delegation’s goal, according to trusted sources, was to promote greater cooperation between Bujumbura and Washington, and to secure funding for capacity building projects for Burundian securities forces.

If Washington and the American taxpayers are to fund these forces (the same forces that are carrying out the arrests of journalists), one can safely assume that Washington will have a greater voice in demanding that these security institutions improve their human rights record; or, at least, that should Washington voice any concern, Bujumbura would listen.

Ideally, a few months after celebrating our 48th independence anniversary, Burundians should not be expecting foreign powers’ coercion to be the safeguard to our freedoms. However, we have to be realistic. When a given government’s budget is financed at the tune of 70% by the international community, the perverse outcome is accountability to its donors (instead of its citizens). It is unfortunate! In the meantime, the Burundian diaspora will need to pick up signs, rally, blog, write letters to editors wherever they reside to educate the donors’ taxpayers. This Saturday, a few Americans learned of Burundi and of another name that they weren’t able to pronounce: Kavumbagu.

by Thierry Uwamahoro

Written by Richard Wilson

November 1, 2010 at 10:17 pm

Support Jean-Claude Kavumbagu – Guest blog for Index on Censorship

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From Index on Censorship, Free Speech blog:

While Burundi’s war criminals go unpunished, my friend faces “treason” trial over critical article, says Richard Wilson

What do you do when someone you love gets murdered in a distant country you know almost nothing about? A decade ago my sister Charlotte died in a massacre in the small Central African state of Burundi. In the years that followed I was consumed by a need to understand why she had been killed, who had been responsible, and what, if anything could be done to bring them to book. Only a handful of people in the world could help me. Almost all were journalists. One of them was Jean-Claude Kavumbagu, editor of Burundi’s Netpress news agency.

The information, advice and contacts Jean-Claude gave me proved vital when I came to write the book about my sister’s life and death, Titanic Express. With truth comes a certain kind of cartharsis. To the extent that one ever can, I’ve “moved on” from what happened. But I will always remain endebted to those who helped my family find answers, asking nothing in return but that we do what we could to focus attention on the outrages happening in their country.

Jean-Claude has been a thorn in the side of successive governments in Burundi, both Hutu and Tutsi. His views are often controversial, but there is no questioning the price he has paid for them. In 1999, a year before my sister’s death, Jean-Claude was arrested by the Tutsi-led regime of Pierre Buyoya and held for two weeks on charges of operating an unregistered newspaper. He was detained again in 2001 by the same regime, and accused of insulting the public prosecutor. 2003 saw the installation of a new, Hutu-led government, which loudly proclaimed its commitment to peace, democracy and human rights. Three months later, Jean-Claude was arrested yet again and charged with “insulting the authorities”.

Elections in 2005 saw a landslide win for the Hutu ex-rebel leader Pierre Nkurunziza, who has gained plaudits for his talk of “forgiveness” and “reconciliation”. Sadly, Nkurunziza has been markedly unforgiving of critical coverage by the independent media. While no serious efforts have been made to prosecute those responsible for the ethnic massacres that have plagued Burundi over the last two decades, in recent years dozens of independent journalists have been detained or threatened over their work.

[Click here for full article]

Written by Richard Wilson

August 14, 2010 at 11:05 pm

Posted in Censorship, Democracy

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Support the Libel Reform campaign – Free speech is not for sale!

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Click here to support the campaign for freedom of speech in the UK

England’s libel laws are unjust, against the public interest and internationally criticised – there is urgent need for reform.

Freedom to criticise and question, in strong terms and without malice, is the cornerstone of argument and debate, whether in scholarly journals, on websites, in newspapers or elsewhere. Our current libel laws inhibit debate and stifle free expression. They discourage writers from tackling important subjects and thereby deny us the right to read about them.

The law is so biased towards claimants and so hostile to writers that London has become known as the libel capital of the world. The rich and powerful bring cases to London on the flimsiest grounds (libel tourism), because they know that 90% of cases are won by claimants. Libel laws intended to protect individual reputation are being exploited to suppress fair comment and criticism.

The cost of a libel trial is often in excess of £1 million and 140 times more expensive than libel cases in mainland Europe; publishers (and individual journalists, authors, academics, performers and blog-writers) cannot risk such extortionate costs, which means that they are forced to back down, withdraw and apologise for material they believe is true, fair and important to the public.

The English PEN/Index on Censorship report has shown that there is an urgent need to amend the law to provide a stronger, wider and more accessible public interest defence. Sense About Science has shown that the threat of libel action leads to self-censorship in scientific and medical writing.

We the undersigned, in England and beyond, urge politicians to support a bill for major reforms of the English libel laws now, in the interests of fairness, the public interest and free speech.

More than 30,000 people have signed so far – click here to join them

Written by Richard Wilson

March 4, 2010 at 7:29 am

Telegraph newspaper denounces torture investigation

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True to form, the Telegraph newspaper has roundly denounced the news that there is to be a criminal investigation into allegations of complicity in torture by the UK security services, and urged the Attorney General – a political appointee – to intervene in the judicial process in order to stop the investigation.

In the run-up to the 2003 Iraq invasion, and during the subsequent campaign by Bush administration hardliners to convince the world of the need for a war against Iran, the Telegraph security commentator Con Coughlin famously published a series of articles containing  false and misleading information that appears to have been fed to him directly by the intelligence services. Now that those same intelligence services risk facing serious public scrutiny, the Telegraph is leading the calls to get the criminal investigation stopped.

Justice not therapy…

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Vintage stuff  by Ken Roth and the late great Alison Des Forges, in defence of the basic principles of international justice, and individual responsibility. From the Boston Review:

[Helena] Cobban argues that criminal prosecutions are a “strait-jacket” solution imposed from outside Rwanda. But the Rwandan government itself initially requested the International Criminal Tribunal for Rwanda (though it later opposed it) and decided on national trials for the more than 100,000 jailed in Rwanda on charges of genocide…

Cobban’s analysis is most troubling when she resorts to medical metaphor. She acknowledges the planning and organization of the genocide by state authorities, detailing how killers coolly and regularly slaughtered Tutsis as daily “work.” Yet in her view, these were not horrible crimes but a “social psychosis,” not acts of volition but a “collective frenzy”; the architects of the genocide are not more culpable than ordinary killers but “sicker.”

Cobban’s analysis resembles that of the perpetrators themselves. They argued that the slaughter was “spontaneous,” committed by people driven mad out of fear and anger. Rwandan killers have indeed been traumatized but their ailment resulted from their conduct rather than causing it.

Mob psychology cannot explain choices made during the genocide: why some individuals killed for reward or pleasure, or from fear of punishment, while others did not. To judge the killers as merely “sick” devalues the courage and decency of the millions who resisted this inhumanity, sometimes at the cost of their lives.

Cobban’s medical metaphor allows no place for individual responsibility. A person plagued by cancer is a victim of unfortunate circumstance, but is not at fault. Murderers, let alone orchestrators of genocide, are different. When they corral victims into churches and stadiums and systematically slaughter them with guns and machetes, the killers are not the latest hapless victims of the genocidal flu. They are deliberate, immoral actors. Treating them as no more culpable than children who refuse to wear coats and catch cold is both wrong and dangerous. Wrong because it does a deep disservice to the victims, as if their deaths were a natural accident, not a deliberate choice. Dangerous because it signals to other would-be mass murderers that they risk not punishment but, at most, communal therapy sessions.

Written by Richard Wilson

February 22, 2009 at 3:56 pm

Rachel Reid on the UK media’s uncritical repetition of government smears

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From Human Rights Watch

Whatever the MoD has whispered into the ear of the Sun, Col McNally and I met only twice, both times in a purely professional capacity, both times at the Nato military HQ in Kabul. Both times we met to talk about civilian casualties from US and Nato air strikes.

What has happened in the last couple of days has been bewildering. I do not understand how these two meetings might have led the British government to accuse McNally of a serious crime that could lead to a hefty jail sentence, and why my government might want to see my reputation dragged through the mud, when I live in a country where a woman’s reputation can mean her life. The meetings seemed unexceptional. A QC retained by Human Rights Watch has confirmed that the kind of information I received is not covered by the Official Secrets Act.

If the ministry had been seriously concerned that one of their officers was leaking information, why leak it to the media? Why was my name released to the media by the MoD, with a (nudge, nudge, wink, wink) libel that our relationship was “close”? They would know exactly what impression they were creating, and presumably decided that my reputation was expendable in order to ensure coverage of their “story”.

Why did journalists from the Sun, the Times and the Mail write this as a story focusing on the MoD’s entirely bogus suggestion that I had some kind of “relationship” with McNally? Why is it that my photograph was published? Why have journalists not been asking questions about why the MoD has been encouraging them to publish a vicious, false slur about me in order stop me from doing my job for Human Rights Watch in asking for information from the Nato official in charge of monitoring civilian casualties?

Living in Afghanistan, where democracy, a free media, freedom of information and freedom of expression are still a faraway dream, I have developed a deep appreciation of the freedoms I grew up believing I had in Britain. I expect better from my own government and from the British media that I used to be a part of.

Written by Richard Wilson

February 9, 2009 at 1:00 am