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Archive for the ‘Peace or appeasement?’ Category

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

Church-aided rebel group rampages through Congo, killing hundreds

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The BBC reports that more than 400 people have been killed in the last few days, after Uganda’s Lords Resistance Army stepped up its war on civilians in the North-Eastern Democratic Republic of Congo.

The article cites the Catholic aid NGO Caritas as its source for the casualty figures – but fails to mention that the same organisation was earlier this year implicated in supplying food and medicine to the LRA, amid the misguided hope that this would help persuade them to sign a peace deal. In fact, this material support gave the group a vital lifeline, allowing it to sustain its fighters while it reorganised and rearmed under the cover of the ongoing peace negotiations.

As long ago as October 2007, the International Criminal Court had warned that the LRA was selling surplus food aid in order to buy weapons. But the Catholic Church appears to have taken no notice, with Caritas continuing to supply aid until at least April 2008 – six months after the ICC had publicly raised its concerns.

UN report sheds light on the credulity of international donors as regional governments finally lose patience with Uganda’s LRA rebels

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From The Times

An intelligence document compiled by the United Nations mission to Congo, known as Monuc, spells out the scale of the threat. It says that the LRA cynically used the peace talks to organise itself into a regional fighting force. The 670-strong band of fighters now has more than 150 satellite telephones, many bought with cash meant to aid communications during the talks. “Simply put, Kony now has the ability to divide his forces into very simple groups and to reassemble them at will,” the report says. “When put together with his proven mastery of bush warfare, this gives him new potency within his area of operations.”

They were given tonnes of food by a charity, Caritas Uganda, to discourage the looting of villages, and fistfuls of dollars by southern Sudan’s new leaders, whom they once fought.

General Kony is stronger than ever, the report concludes: “Recent abduction patterns suggest that he is now in the process of perfecting the new skill of recruiting and controlling an international force of his own.”

See also:  Catholic aid charity Caritas accused of materially supporting LRA terror group

UN mediators fooled again by LRA leader Joseph Kony

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From the Institute of War and Peace Reporting

After announcing that he would sign a peace deal with the Ugandan government on Saturday, November 29, Ugandan rebel leader Joseph Kony again drew a crowd to the jungle camp of Nabanga on the border between South Sudan and the Democratic Republic of Congo, DRC.

As Kony has done in the past, he balked, leaving a host of his Acholi tribal and cultural leaders waiting and wanting, along with the United Nations special envoy Joachim Chissano, the talk’s chief mediatory, South Sudan vice- president Riek Machar and a flock of international observers.

While the signing of the agreement would certainly have been a milestone in the history of Uganda, it remains a meaningless document despite the vast amount of time and money spent by international community on the talks, including the provision of food and other supplies to the rebels, over the past couple of years…

Kony has been able to manipulate the international community with his repeated peace overtures. He has devised the perfect ploy: talk peace, and do the opposite.

What’s clear is that Kony will be around for a long time, doing what he wants, when he wants, in part due to the painful indulgence of the international community.

Sadly, the innocent and the defenceless suffer. Maybe now, finally, the international community will wake up.

Written by Richard Wilson

December 1, 2008 at 11:59 pm

Human Rights Watch on the deadly consequences of UN wishful thinking in Congo

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William Swing

UN Congo chief William Swing withheld
evidence of DRC government atrocities

From Human Rights Watch

The United Nations and a number of bilateral donors invested significant financial and political capital in the [2006] Congolese elections, one of the largest electoral support programs in the UN’s history. But with the polls finished, they have failed to invest comparable resources and attention in assuring that the new government implements its international human rights obligations. For donor governments, concern about winning a favored position with the new government took priority over halting abuses and assuring accountability…

Donor governments said they would devote considerable financial and technical resources to security sector reform programs, but have yet to insist that such programs include adequate vetting to rid the military and law enforcement services of individuals in senior positions who have been implicated in serious human rights violations…

Following the killings in Bas Congo in February 2007, MONUC [the UN peacekeeping force in Congo] sent a multi-disciplinary team to investigate. Its report was not published for five months as it was deemed “too sensitive.” UN officials did not want to criticize the new government before securing its agreement on the role of MONUC in the post-electoral period. Similarly MONUC delayed publication of its report on the March 2007 events for fear of upsetting relations with Kabila.

Both reports were blocked by the head of MONUC, Ambassador William Swing, who deflected repeated requests from the UN Department for Peacekeeping Operations (DPKO) in New York and from the then UN high commissioner for human rights, Louise Arbour, for the reports to be made public.

If the reports had been promptly published, they could have contributed to wider awareness of the serious violations committed and might have led to additional diplomatic pressure on the Congolese government to halt the abuses and hold the perpetrators accountable. The March 2007 investigation report was eventually published in French on January 4, 2008, after a copy was leaked to the press; no English version has been made public.

US State Department calls for release of Alexis Sinduhije

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From the Washington Post

The State Department protested the Burundian government’s arrest Monday of an aspiring presidential candidate and former journalist who was named one of the world’s 100 most influential people this year by Time magazine.

Burundian authorities arrested Alexis Sinduhije at his political party’s headquarters in Bujumbura on Monday, along with other party staff members.

“We believe that is unacceptable. We believe he should be released immediately,” Russell Brooks, spokesman for the State Department’s Bureau of African Affairs, said Friday. “It remains our hope the government of Burundi will work to advance the cause of political freedom and speech in Burundi and allow citizens to exercise universally recognized rights.”

An ethnic Tutsi reporter who adopted a Hutu war orphan, Sinduhije has become a national celebrity in Burundi, a small central African country that has been plagued for more than 15 years by violence between the two ethnic groups.

In 2001 Sinduhije founded Radio Publique Africaine, an independent radio station that promoted reconciliation between the groups.

His reporting has drawn international praise. The New York-based Committee to Protect Journalists honored Sinduhije in 2004 with its International Press Freedom Award. He has also appeared as a guest on PBS‘s “Charlie Rose” show.

“We wanted to set an example of how relations between the ethnic groups could be humanized,” Sinduhije said in explaining his journalistic mission at the 2004 award ceremony. “We hired former fighters, both Hutu and Tutsi . . . to become fighters for peace and truth.”

Joel Simon, the committee’s executive director, said Sinduhije’s radio station “was a beacon” for those searching for an “alternative to the kind of politics of racial division which had brought Burundi to the brink of genocide.”

Simon said Sinduhije has been repeatedly threatened, beaten and jailed for his work as a reporter. Sinduhije left journalism in December 2007 to compete in Burundi’s 2010 presidential election. The government has refused to formally register his political party, the Movement for Security and Democracy.

“We don’t think this is a press freedom case,” Simon said, noting that the charges were nevertheless “trumped up.” He said, “We’re obviously very concerned about him, and this treatment illustrates the environment in which Burundi’s election is taking place.”

Burundi’s U.N. ambassador, Augustin Nsanze, declined to comment on the arrest.

Over the years, Alexis Sinduhije has been immensely supportive of efforts to get to the truth over the Titanic Express massacre, and secure justice for all Burundi’s victims. Click here for more background on his arrest.

Human Rights Watch condemns Burundi ruling party’s attack on Alexis Sinduhije

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Click here for more background on this story.

From Human Rights Watch

(Bujumbura, November 5, 2008) – The detention of political activist Alexis Sinduhije and 36 others by Burundian police on November 3, 2008, highlights the growing obstacles to the free exercise of civil and political rights in Burundi, Human Rights Watch said today. Sinduhije, well-known as a former radio journalist, has been trying since February to form an opposition political party, the Movement for Security and Democracy (MSD).

The detentions follow extensive harassment of leaders of several parties opposed to the dominant National Council for the Defense of Democracy-Forces for the Defense of the Democracy (CNDD-FDD).

“It looks like the ruling party is calling in the power of the state to silence the voices of dissent,” said Alison Des Forges, senior Africa advisor at Human Rights Watch.

Dozens of police armed with Kalashnikovs entered the MSD headquarters shortly after noon on November 3, indicating they had information that an illegal meeting was being held. A search warrant that they contended legitimized their entry was delivered two hours later, carried no docket number, and listed another premises – Sinduhije’s residence – as the place to be searched. It gave the charge against Sinduhije as “threatening state security.” Police officers searched and confiscated several documents, one of which they said contained “subversive material.” They proceeded to arrest everyone on the premises, including political activists, a receptionist, and a driver who was later released.

When a Human Rights Watch researcher present at the time of the search and arrests questioned police officers about irregularities, they responded that they were only “executing orders” given by Regional Police Commissioner David Nikiza, who had delivered the search warrant.

Asked to comment on the irregularities, the police spokesman, Pierre Chanel Ntarabaganyi, responded that the party itself was illegal and that therefore the search and subsequent detentions were justified.

Interior Minister Venant Kamana has refused to register MSD as a political party, claiming that a party cannot include “security” among its goals because security is the exclusive province of the state.

Taken into custody on November 3, Sinduhije and the others were still being held at several city jails as of the evening of November 4, without any charges having been formally entered against them. Police officers interrogated Sinduhije, in the presence of his lawyer, about statements in the confiscated documents criticizing President Peter Nkurunziza’s development policies. They suggested such statements might lead to a charge of “insulting the President.” They also interrogated him about efforts to recruit party members among young people, some of them former combatants in rival forces during 10 years of civil war.

Two other MSD members were arrested last week in Cankuzo province, one for allegedly distributing party cards, the other for having such a card in his possession.

Ntarabaganyi, the police spokesman, told a Human Rights Watch researcher that Sinduhije and the others had been arrested for holding an unauthorized meeting. A ministerial ordinance issued in early October 2008 requires political parties to obtain official authorization for meetings rather than simply informing officials of their intent to meet, as had previously been the case. Burundian law does not require groups other than political parties to obtain authorization for meetings.

Other parties have also faced harassment. Since late September 2008, police have arrested at least 25 members of UPD-Zigamibanga, a party opposed to the CNDD-FDD. Most were arrested in Ngozi province on charges of participating in an unauthorized meeting and released after paying a fine, but two others were detained in Kayanza province on charges of insulting President Peter Nkurunziza after they criticized his education policy during a private conversation.

Most local authorities on the provincial and communal levels are CNDD-FDD members. Even before the new ordinance on meetings was issued, some of them used their authority or that of the police to hinder political meetings or to shut down press conferences by opposition parties including the Democratic Front in Burundi (Frodebu), the Democratic Alliance for Renewal (ADR), and the CNDD (a party different from CNDD-FDD).

Burundi has ratified the International Covenant on Civil and Political Rights as well as the African Charter on Human and Peoples’ Rights. Both of these treaties require Burundi to protect fully the rights to freedom from arbitrary detention and to freedom of association. To avoid arbitrary detention, persons detained on suspicion of having committed a criminal offense must be informed of the charge against them as quickly as possible, allowed access to a lawyer and to visitors, and be brought speedily before a judicial authority with power to order their release.

“Using the police to limit dissent and to discourage peaceful political activity violates the rights of Burundians and weakens the rule of law,” said Des Forges. “Officials should promptly release Sinduhije and others arbitrarily detained and permit Burundians the full exercise of their civil and political rights.”