by: Jason Leopold, t r u t h o u t | Report
Dick Cheney is officially a wanted man.
The former vice president was indicted Tuesday by Nigeria's Economic and Financial Crime Commission along with eight other current and former company executives in a bribery and conspiracy scheme related to the construction of a liquefied natural gas facility in the country that took place while Cheney was chief executive of Halliburton.
Halliburton and its one-time subsidiary, Kellogg, Brown & Root (KBR), were also charged. KBR, which also has handled lucrative US government support contracts for US troops in Iraq and elsewhere, was spun off from Halliburton in 2007 into a separate company.
"It includes Dick Cheney," said Nigerian prosecutor Godwin Obla, about the 16-count charge filed in Abuja, Nigeria's capital. "There are conspiracy charges and giving gratification to public officers. There is also a charge for obstruction of justice...It is important to stress that the filing of this charge today is just one out of many steps that would be taken by the prosecution."
"The illicit proceeds of that enterprise would be located. Properties acquired in consequence of this would be traced and forfeited and organizations associated with the criminal enterprise may be liable to forfeiture to the state of Nigeria," Obla added.
Although Nigerian government officials said they would seek Cheney's extradition to respond to the charges, the US government likely won't entertain such a request. Each charge in the indictment carries a three-year prison sentence.
Cheney's lawyer, Terrence O'Donnell, said an investigation conducted by federal prosecutors in the United States "found no suggestion of any impropriety by Dick Cheney in his role of CEO of Halliburton."
"Any suggestion of misconduct on his part, made now, years later, is entirely baseless," O'Donnell said.
Tara Mullee, a Halliburton spokeswoman said, “It is still our position that Halliburton was not involved in the project to which this bribery investigation relates and there is no legal basis for charges."
The charges revolve around $180 million in bribes allegedly paid to Nigerian government officials between 1994 and 2004 to win a $6 billion construction contract for the Bonny Island natural gas liquefaction plant. The bribes allegedly went to the notoriously corrupt Nigerian dictator Sani Abacha and some of his subordinates.
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The cash allegedly was laundered through UK lawyer Jeffrey Tesler, who served as a consultant to KBR after it was formed in a 1998 merger that Cheney engineered between Halliburton and Dresser Industries. Tesler was hired in 1995 as an agent of a four-company joint venture that was awarded four engineering, procurement and construction (EPC) contracts by Nigeria LNG Ltd., (NLNG). Tesler was indicted last year and he is fighting extradition to the US.
In a quarterly filing to the Securities and Exchange Commission in October 2007, Halliburton said it was subpoenaed by the DOJ and the SEC over the use - by the KBR-led consortium known as TSKJ - "of an immigration services provider, apparently managed by a Nigerian immigration official, to which approximately $1.8 million in payments in excess of costs of visas were allegedly made between approximately 1997 and the termination of the provider in December 2004..."
Nigerian prosecutors also filed charges Tuesday against the TSKJ consortium.
The charges against Cheney and others come as Nigeria prepares for a presidential election in April. Anti-corruption officials last week raided Halliburton's Lagos offices and arrested 23 people, including 10 who worked for the company, and seized documents. Those arrested have since been released.
On Monday, the Justice Department (DOJ) announced that Tesler's associate, Wojciech J. Chodan, the former vice president to KBR's UK subsidiary, pleaded guilty to violating the Foreign Corrupt Practices Act (FCPA) for his role in the bribery scandal.
Chodan was extradited to the United States last week from England. He is scheduled to be sentenced in February and faces a maximum five years in federal prison.
French Disclosures
The bribery investigation was launched in 2003 when Georges Krammer, a former executive with the French company Technip (also charged Tuesday), a member of the consortium for the Bonny Island project, informed French magistrate Renaud Van Ruymbeke that the contracts his group obtained came as a result of payments Tesler made to Nigerian officials from a slush fund the lawyer allegedly managed.
In June, the DOJ filed a deferred prosecution agreement and criminal information against Technip. The company, also charged in the bribery scheme in Nigeria Tuesday, agreed to pay a total of $338 million in criminal and civil fines and retain an independent compliance monitor for two years.
For more than a year, the French magistrate poured over evidence to determine whether Cheney may have been responsible under French law for at least one of four bribery payments to the Nigerian officials.
Under French law, "the head of a company can be charged with 'misuse of corporate assets' for bribes paid by any employee - even if the executive didn't know about the improper payments."
During Cheney's tenure, Halliburton did expand operations in Nigeria despite human rights abuses by General Abacha's regime and environmental damage to the Niger Delta caused by international oil companies, Shell and Chevron, both of which signed contracts with Halliburton subsidiaries.
Shell and some of its corporate executives are also the subject of a separate bribery investigation in Nigeria. The company paid $48 million in fines last month to the US government to settle criminal charges that it violated FCPA in connection with that case.
In April 2000, Brown & Root Energy Services, a business unit of Halliburton, was selected by Shell Petroleum Development Co. of Nigeria to work on the development of an offshore oil and gas facility, the first of its kind for Shell.
The deal, valued at $300 million, had been questioned by activists who have tried to hold Shell accountable for the pollution and the human rights abuses that have harmed Nigerian indigenous groups in a part of the Niger Delta known as Ogoniland.
In its four-plus decades of oil exploration in Nigeria, Shell has been responsible for repeated environmental calamities, involving oil spills, noxious gas flares, cleared forests, despoiled farmland and pipeline blowouts.
General Abacha's appreciation for the money that Shell's operations put into his coffers made him an eager ally when the oil industry faced popular protests, which were crushed by the dictator's army and security forces.
In 1995, the year Cheney joined Halliburton, renowned writer and environmental advocate Ken Saro-Wiwa and eight of his colleagues were hanged by the Abacha government for their efforts to prevent Shell from continuing to poison the environment of the Niger Delta.
It is estimated that more than 2,000 people have been murdered for their involvement in protests against Shell's activities in the Delta. Most of those murdered were Ogoni who had rallied behind Saro-Wiwa in the early 1990s.
In 1998, General Abacha died of an apparent heart attack.
Guilty Pleas
Last year, KBR pleaded guilty to violating FCPA and admitted that it paid $180 million in "consulting fees" to Tesler and a Japanese trading company for use in bribing Nigerian government officials. KBR paid a $402 million fine to as part of its plea deal.
Under the terms of the plea agreement, KBR agreed to retain an independent compliance monitor for three years to ensure it is abiding by US laws, limit its use of foreign agents and promised to file regular reports on the compliance program with the DOJ.
But KBR said in a 10-K filing with the SEC last year that "limitations on our use of agents as part of our efforts to comply with applicable laws, including the FCPA, could put us at a competitive disadvantage in pursuing large-scale international projects."
However, the plea deal did not impact KBR’s ability to secure lucrative government contracts.
In fact, according to KBR's SEC filing, the company said it received written notification from the US. Department of the Army “stating that it does not intend to suspend or debar KBR from [Department of Defense] contracting as a result of the guilty plea by KBR LLC.”
Additionally, KBR revealed in the same SEC filing that the company uncovered "information" that shows former executives may have been involved in a bidding scheme with its competitors, but that the DOJ agreed not to pursue the matter in exchange for KBR's guilty plea.
"In connection with the investigation into payments relating to the Bonny Island project in Nigeria, information has been uncovered suggesting that [former KBR CEO Albert "Jack"] Stanley and other former employees may have engaged in coordinated bidding with one or more competitors on certain foreign construction projects, and that such coordination possibly began as early as the mid-1980s," the company's SEC filing said. "In connection with KBR LLC's agreeing to enter into the plea agreement described above, the DOJ has agreed not to pursue any further investigation or penalties relating to the coordinated bidding allegations."
Stanley was a close associate of Cheney. The former vice president promoted him in 1998 to head KBR.
According to the DOJ, at critical junctures before the EPC contracts were awarded, Stanley and others allegedly met with three successive former holders of a top-level office in the executive branch of the Nigerian government to ask the office holder to designate a representative with whom the joint venture should negotiate the bribes.
In September 2008, Stanley pleaded guilty to conspiracy to commit wire and mail fraud and conspiring to violate FCPA. Stanley faces seven years in prison and nearly $11 million in restitution payments. He remains free on bail pending a sentencing hearing scheduled for January.
According to last year's plea deal, Stanley started paying bribes in 1995, the year Cheney was named chief executive of the corporation, and ended when Stanley was fired in 2004.
Stanley, KBR's current CEO William Utt and Halliburton CEO David Lesar, were also named in the indictment filed by Nigerian officials Tuesday.
Aggressive Accounting Practices
Although Cheney's five-year tenure at the helm of Halliburton made him a rich man, controversies surrounding the Houston-based company have dogged him since he became vice president.
During the 2004 presidential campaign, Halliburton agreed to a $7.5 million settlement with the Securities and Exchange Commission (SEC) over suspect accounting practices that took place during Cheney's affiliation with the company.
The SEC said Halliburton changed the way it accounted for construction revenues in 1998 and did not report that change to investors for more than a year, a violation of securities rules.
The accounting sleight of hand by Halliburton caused the company's public statements regarding its income in 1998 and 1999 to be materially misleading, boosting Halliburton's paper profits by $120 million.
"In the absence of any disclosure, the investing public was deprived of a full opportunity to assess Halliburton's reported income more particularly, the precise nature of that income, and its comparability to Halliburton's income in prior periods," the SEC said.
The changes to the company's accounting practices led to a "significant difference in their respective effects on Halliburton's financial presentation: the new practice reduced losses on several large construction projects" and allowed the company to report a higher profit, the SEC said.
The accounting practices, which gave Wall Street the false impression that the oil-field services company was profitable between 1998 and 1999, boosted the value of Halliburton's stock and helped Cheney earn more than $35 million when he sold his shares in 2000.
The New York Times quoted two former Dresser Industries executives in a May 22, 2002, story as saying that after Cheney guided the merger of Dresser with Halliburton in 1998, Halliburton "instituted aggressive accounting practices to obscure its losses."
The accounting change altered the way Halliburton booked revenues from cost overruns on construction projects. Previously, the company waited until a figure was agreed upon with a client. After 1998, however, Halliburton booked revenues that it assumed a customer would pay even though the agreed-upon number might turn out to be lower.
Halliburton spokeswoman Wendy Hall said at the time that Cheney "was aware we accrued revenue on unapproved claims in accordance with generally accepted accounting principles."
The gimmick, signed off on by the now-defunct accounting firm Arthur Andersen, allowed Halliburton to add $89 million in revenues to its books in 1998, helping the company beat its earnings target by 2 cents a share for the year and boosting its stock value.
If the accounting change hadn't been employed, said Wall Street analysts, the company would have missed its earnings target by 11 cents a share, which would surely have depressed the stock price.
During Cheney's tenure, accounting irregularities at the company exceeded $234 million, according to documents obtained by the watchdog group Center for Public Integrity.
Halliburton also faced allegations that it overbilled for work at Fort Ord in California under Cheney's watch, a complaint similar to more recent charges that Halliburton padded its military contract work in Iraq.
Following revelations that Cheney made $35 million from his sales of Halliburton stock before the company's share price fell on the announcement in 2000 that the company was being investigated, The Washington Post, on July 16, 2002, summed up Cheney's tenure at Halliburton this way:
The developments at Halliburton since Cheney's departure leave two possibilities: Either the vice president did not know of the magnitude of problems at the oilfield services company he ran for five years, or he sold his shares in August 2000 knowing the company was likely headed for a fall.
As Halliburton's CEO, Cheney was responsible for Halliburton's books. He went out of his way to praise the work done for Halliburton by Arthur Andersen, the accounting firm that unraveled in 2002 after it was found guilty of obstruction of justice for destroying documents for another energy-related client, Enron.
In a 1996 promotional video for Arthur Andersen, Cheney lauded the firm for its business advice:
One of the things I like that they do for us is that, in effect, I get good advice, if you will, from their people based upon how we're doing business and how we're operating, over and above the, just sort of the normal by-the-books audit arrangement.
The SEC questioned Cheney during its two-year-long probe of Halliburton's accounting irregularities and concluded that he should not be held responsible for what went on behind the scenes at the company.
Wednesday, December 8, 2010
Wednesday, October 27, 2010
Rwanda says it will charge "Hotel Rwanda" manager for aiding opposition
By: Edmund Kagire,Jason Straziuso, The Associated Press
Paul Rusesabagina smiles after receiving an honorary degree from the University of Guelph on Tuesday, June 12, 2007. Rusesabagina, the former manager at the Mille Collines hotel, saved more than 1,200 people from slaughter during the Rwandan genocide and inspired the Academy Award-nominated film "Hotel Rwanda."
KIGALI, Rwanda - The Rwandan hotel manager portrayed by Don Cheadle in the movie "Hotel Rwanda" could face charges by Rwandan authorities over allegations the man sent money to opposition commanders, Rwanda's top prosecutor said.
But the former manager, Paul Rusesabagina, told The Associated Press on Wednesday that he hasn't sent any money to Rwanda in years, and that the government is launching a smear campaign against him because he has opposed President Paul Kagame in the past.
Rwanda's top prosecutor, Martin Ngoga, said Rusesabagina helped finance what he described as terrorist activities in Rwanda by helping fund commanders with the FDLR, or Democratic Forces for the Liberation of Rwanda. No formal charges have yet been filed.
Ngoga said he is asking U.S. officials for assistance in gathering evidence. Some of the financial transactions he alleges were criminal originated in San Antonio, Texas. Rusesabagina has a house in Texas but said he has never sent money to Burundi or Tanzania as is alleged by Ngoga.
"Those who want to continue considering him as a hero can go on," Ngoga told a news conference late Tuesday. "We consider him a serious criminal suspect who has been financing FDLR and we are challenging whoever speaks on his behalf to tell us whether he never sent money to these FDLR commanders we have in custody."
After his story was publicized in "Hotel Rwanda," Rusesabagina was hailed as a hero around the world. Former U.S. President George W. Bush gave him the Presidential Medal of Freedom in 2005, the highest civilian honour in the U.S.
However, the government of Rwanda did not view him as a hero after Rusesabagina began criticizing the regime of Kagame, who has since called Rusesabagina a "manufactured hero," according to Terry George, the director of "Hotel Rwanda."
Rusesabagina, 56, who was released from a hospital operation last week to find that his home in Brussels, Belgium had been broken into and documents stolen, says he has done nothing wrong.
"It is the latest step in a campaign against me by the Rwandan government that has included public insults, lies and physical harassment," Rusesabagina said.
"My foundation is advocating for a truth, justice and reconciliation process to try to foster sustainable peace in Rwanda ... but anyone who opposes Kagame inside or outside the country is treated with this kind of harassment."
More than 500,000 Rwandans, mostly ethnic Tutsis and moderate Hutus, were killed in Rwanda's 1994 genocide. Kagame, an ethnic Tutsi, has tried to downplay the role of ethnicity in post-genocide Rwanda, and people in the country rarely refer to themselves as Hutu or Tutsi and can face charges for speaking publicly about ethnicity.
Human rights groups accuse Kagame's regime of iron-fisted control and of silencing opposition politicians and media outlets. Human rights groups and other critics decried the arrest of several opposition figures in the lead-up to Rwanda's August president election, and noted that several others were killed or attacked under suspicious circumstances.
The potential charges against Rusesabagina appear to be intertwined with those against Victoire Ingabire, a Hutu opposition politician who was jailed earlier this month on charges of forming a terrorist group.
Ingabire earlier this year sought representation by Peter Erlinder, a U.S. lawyer who was jailed by Rwandan authorities for about three weeks when he arrived in Rwanda in May to meet with Ingabire. Erlinder was welcomed back to the U.S. in July by Rusesabagina, and the two appeared together on a news program.
"The Kagame regime is beginning to show signs of desperation and lashing out in all directions," Erlinder said Wednesday, adding that the Rwandan government has been working toward charges against Rusesabagina for some time.
"He's already been declared persona non grata by Kagame several years ago," Erlinder said.
Ngoga said that the FDLR commanders in Rwandan custody have given evidence against both Ingabire and Rusesabagina.
Ngoga said Western Union money transfers by Rusesabagina were sent to two commanders in the FDLR with the aim of recruiting fighters for a new military wing of FDU-Inkingi, which is the political party headed by Ingabire.
"We are not talking in general terms, we are mentioning the names, the transactions which were done from San Antonio, Texas," Ngoga said. "It was received in Dar es Salaam and Bujumbura and sent by Paul Rusesabagina himself."
Rusesabagina told AP that the last time he sent money to Rwanda was in 2002 or 2003, and that it totalled at most 1,000 euros ($1,380). He said he supports Ingabire and other opposition candidates through press releases from his foundation and advocates for free, fair and open elections without violence or human rights abuses.
Rusesabagina said he was just released from the hospital following surgery and that when he went to his home in Belgium he discovered someone had broken in his house and stolen documents that are written in a Rwandan language.
"I am asking myself what a Belgian thief might want with documents with only a Rwandan could read?" Rusesabagina said.
___
Associated Press reporter Jason Straziuso contributed from Nairobi, Kenya. Associated Press writer Amy Forliti in Minneapolis contributed to this report.
Paul Rusesabagina smiles after receiving an honorary degree from the University of Guelph on Tuesday, June 12, 2007. Rusesabagina, the former manager at the Mille Collines hotel, saved more than 1,200 people from slaughter during the Rwandan genocide and inspired the Academy Award-nominated film "Hotel Rwanda."
KIGALI, Rwanda - The Rwandan hotel manager portrayed by Don Cheadle in the movie "Hotel Rwanda" could face charges by Rwandan authorities over allegations the man sent money to opposition commanders, Rwanda's top prosecutor said.
But the former manager, Paul Rusesabagina, told The Associated Press on Wednesday that he hasn't sent any money to Rwanda in years, and that the government is launching a smear campaign against him because he has opposed President Paul Kagame in the past.
Rwanda's top prosecutor, Martin Ngoga, said Rusesabagina helped finance what he described as terrorist activities in Rwanda by helping fund commanders with the FDLR, or Democratic Forces for the Liberation of Rwanda. No formal charges have yet been filed.
Ngoga said he is asking U.S. officials for assistance in gathering evidence. Some of the financial transactions he alleges were criminal originated in San Antonio, Texas. Rusesabagina has a house in Texas but said he has never sent money to Burundi or Tanzania as is alleged by Ngoga.
"Those who want to continue considering him as a hero can go on," Ngoga told a news conference late Tuesday. "We consider him a serious criminal suspect who has been financing FDLR and we are challenging whoever speaks on his behalf to tell us whether he never sent money to these FDLR commanders we have in custody."
After his story was publicized in "Hotel Rwanda," Rusesabagina was hailed as a hero around the world. Former U.S. President George W. Bush gave him the Presidential Medal of Freedom in 2005, the highest civilian honour in the U.S.
However, the government of Rwanda did not view him as a hero after Rusesabagina began criticizing the regime of Kagame, who has since called Rusesabagina a "manufactured hero," according to Terry George, the director of "Hotel Rwanda."
Rusesabagina, 56, who was released from a hospital operation last week to find that his home in Brussels, Belgium had been broken into and documents stolen, says he has done nothing wrong.
"It is the latest step in a campaign against me by the Rwandan government that has included public insults, lies and physical harassment," Rusesabagina said.
"My foundation is advocating for a truth, justice and reconciliation process to try to foster sustainable peace in Rwanda ... but anyone who opposes Kagame inside or outside the country is treated with this kind of harassment."
More than 500,000 Rwandans, mostly ethnic Tutsis and moderate Hutus, were killed in Rwanda's 1994 genocide. Kagame, an ethnic Tutsi, has tried to downplay the role of ethnicity in post-genocide Rwanda, and people in the country rarely refer to themselves as Hutu or Tutsi and can face charges for speaking publicly about ethnicity.
Human rights groups accuse Kagame's regime of iron-fisted control and of silencing opposition politicians and media outlets. Human rights groups and other critics decried the arrest of several opposition figures in the lead-up to Rwanda's August president election, and noted that several others were killed or attacked under suspicious circumstances.
The potential charges against Rusesabagina appear to be intertwined with those against Victoire Ingabire, a Hutu opposition politician who was jailed earlier this month on charges of forming a terrorist group.
Ingabire earlier this year sought representation by Peter Erlinder, a U.S. lawyer who was jailed by Rwandan authorities for about three weeks when he arrived in Rwanda in May to meet with Ingabire. Erlinder was welcomed back to the U.S. in July by Rusesabagina, and the two appeared together on a news program.
"The Kagame regime is beginning to show signs of desperation and lashing out in all directions," Erlinder said Wednesday, adding that the Rwandan government has been working toward charges against Rusesabagina for some time.
"He's already been declared persona non grata by Kagame several years ago," Erlinder said.
Ngoga said that the FDLR commanders in Rwandan custody have given evidence against both Ingabire and Rusesabagina.
Ngoga said Western Union money transfers by Rusesabagina were sent to two commanders in the FDLR with the aim of recruiting fighters for a new military wing of FDU-Inkingi, which is the political party headed by Ingabire.
"We are not talking in general terms, we are mentioning the names, the transactions which were done from San Antonio, Texas," Ngoga said. "It was received in Dar es Salaam and Bujumbura and sent by Paul Rusesabagina himself."
Rusesabagina told AP that the last time he sent money to Rwanda was in 2002 or 2003, and that it totalled at most 1,000 euros ($1,380). He said he supports Ingabire and other opposition candidates through press releases from his foundation and advocates for free, fair and open elections without violence or human rights abuses.
Rusesabagina said he was just released from the hospital following surgery and that when he went to his home in Belgium he discovered someone had broken in his house and stolen documents that are written in a Rwandan language.
"I am asking myself what a Belgian thief might want with documents with only a Rwandan could read?" Rusesabagina said.
___
Associated Press reporter Jason Straziuso contributed from Nairobi, Kenya. Associated Press writer Amy Forliti in Minneapolis contributed to this report.
Saturday, October 23, 2010
MN Law Prof. Discusses Expected Charges In Rwanda
A Minnesota law professor jailed in Rwanda earlier this year on allegations that he minimized that country's 1994 genocide said Friday he has "no doubt" he'd be killed if he returned to Rwanda to face expected charges.
Peter Erlinder, a professor at William Mitchell College of Law in St. Paul, Minn., spoke to The Associated Press a day after Rwanda's chief prosecutor, Martin Ngoga, said he would charge Erlinder with genocide denial, based on articles Erlinder wrote that were published on the Internet.
Erlinder said Friday that formal charges against him had not been filed, but he expected them to be. He said he would follow his attorneys' advice, but when asked if he thought he would be killed if he returned to Rwanda, he replied, "I have no doubt."
Erlinder has been a lead defense attorney for the U.N. International Criminal Tribunal for Rwanda, which is prosecuting Rwandans charged with participating in the mass killings. He was arrested May 28 after going to Rwanda to help an opposition leader who wants to run for president. A judge released him June 17 on medical grounds.
Since then, an opposition leader and an opposition journalist have been killed, and a former Rwandan general who is in exile has been shot. Erlinder's former client, opposition leader Victoire Ingabire, was arrested this month, accused of being involved in the formation of a terrorist organization.
More than 500,000 Rwandans, mostly ethnic Tutsis but some moderate Hutus, were massacred by Hutus during the 1994 genocide. The massacres ended when mostly Tutsi rebels led by current Rwandan president Paul Kagame defeated the extremists.
Erlinder has said the official version of events is wrong and it's inaccurate to blame one side. He said killings by Hutus of Hutus who were protecting Tutsis would not be genocide under the U.N. definition, but may count as war crimes or crimes against humanity. He also said the tribunal ruled last year that there was insufficient evidence to support the view that the genocide was a conspiracy planned long in advance. He said other researchers have concluded that more Hutus than Tutsis may have been slain.
"These are not my conclusions, these are conclusions of others," Erlinder said. "Essentially I'm being accused of reporting evidence and the conclusions of others. That's really what lies behind the criminal charges against me."
Meanwhile, a United Nations report released Oct. 1 accuses Rwandan troops and rebel allies of slaughtering tens of thousands of Hutus in Congo in the 1990s. The report outlines many incidents that qualify as crimes against humanity, or possibly genocide if taken together, by the Rwandan army, which was hunting down rebel Hutus.
At the time of the report's release, the genocide suggestion angered Rwandan officials. Rwandan Foreign Affairs Minister Louise Mushikiwabo called it "flawed and dangerous from start to finish."
A message left with the Rwandan Embassy in Washington was not immediately returned Friday. The U.S. Department of State had no immediate comment on the possible charges against Erlinder.
Erlinder said his prosecution could have larger implications: If defense attorneys aren't immune from prosecution by Kagame's government, U.N. tribunal defendants won't be able to get any meaningful representation.
"It means all the defense counsel for the U.N. tribunal have got to say, 'How do we do our job?' They have to go to Rwanda, and their investigators have to go to Rwanda," he said. "How can the tribunal function? It's almost impossible."
Peter Erlinder, a professor at William Mitchell College of Law in St. Paul, Minn., spoke to The Associated Press a day after Rwanda's chief prosecutor, Martin Ngoga, said he would charge Erlinder with genocide denial, based on articles Erlinder wrote that were published on the Internet.
Erlinder said Friday that formal charges against him had not been filed, but he expected them to be. He said he would follow his attorneys' advice, but when asked if he thought he would be killed if he returned to Rwanda, he replied, "I have no doubt."
Erlinder has been a lead defense attorney for the U.N. International Criminal Tribunal for Rwanda, which is prosecuting Rwandans charged with participating in the mass killings. He was arrested May 28 after going to Rwanda to help an opposition leader who wants to run for president. A judge released him June 17 on medical grounds.
Since then, an opposition leader and an opposition journalist have been killed, and a former Rwandan general who is in exile has been shot. Erlinder's former client, opposition leader Victoire Ingabire, was arrested this month, accused of being involved in the formation of a terrorist organization.
More than 500,000 Rwandans, mostly ethnic Tutsis but some moderate Hutus, were massacred by Hutus during the 1994 genocide. The massacres ended when mostly Tutsi rebels led by current Rwandan president Paul Kagame defeated the extremists.
Erlinder has said the official version of events is wrong and it's inaccurate to blame one side. He said killings by Hutus of Hutus who were protecting Tutsis would not be genocide under the U.N. definition, but may count as war crimes or crimes against humanity. He also said the tribunal ruled last year that there was insufficient evidence to support the view that the genocide was a conspiracy planned long in advance. He said other researchers have concluded that more Hutus than Tutsis may have been slain.
"These are not my conclusions, these are conclusions of others," Erlinder said. "Essentially I'm being accused of reporting evidence and the conclusions of others. That's really what lies behind the criminal charges against me."
Meanwhile, a United Nations report released Oct. 1 accuses Rwandan troops and rebel allies of slaughtering tens of thousands of Hutus in Congo in the 1990s. The report outlines many incidents that qualify as crimes against humanity, or possibly genocide if taken together, by the Rwandan army, which was hunting down rebel Hutus.
At the time of the report's release, the genocide suggestion angered Rwandan officials. Rwandan Foreign Affairs Minister Louise Mushikiwabo called it "flawed and dangerous from start to finish."
A message left with the Rwandan Embassy in Washington was not immediately returned Friday. The U.S. Department of State had no immediate comment on the possible charges against Erlinder.
Erlinder said his prosecution could have larger implications: If defense attorneys aren't immune from prosecution by Kagame's government, U.N. tribunal defendants won't be able to get any meaningful representation.
"It means all the defense counsel for the U.N. tribunal have got to say, 'How do we do our job?' They have to go to Rwanda, and their investigators have to go to Rwanda," he said. "How can the tribunal function? It's almost impossible."
Friday, October 22, 2010
RWANDA TO SUMMON AMERICAN LAWYER TO FACE GENOCIDE DENIAL CHARGES
Arusha, October 21, 2010 (FH) – Rwandan Prosecutor General, Martin Ngoga said Wednesday that his country would summon American lawyer Peter Erlinder, a defence counsel at the International Criminal Tribunal for Rwanda (ICTR) in the coming few weeks to face charges of genocide denial.
‘’It is going to happen very soon. I would say in a couple of weeks,’’ Ngoga told a press conference jointly conducted by the Spokesperson of the ICTR, Roland Amoussouga.
Erlinder is lead counsel for genocide-convict Major Aloys Ntabakuze who has appealed against life imprisonment sentence rendered by ICTR on December 18, 2008. His appeal is yet to be heard.
Ngoga’s statement follows a recent decision by the Appeals Chamber of the Tribunal on a motion filed by Ntabakuze.
‘’We have a substantive case against Erlinder,’’ Ngoga pointed out , adding that ‘’genocide denial is not acceptable. It doesn’t matter wherever you come from.’’
He explained that if Erlinder does not respond to the summons he would be a fugitive and Rwanda would opt to use the Interpol, to track him down for his arrest. ‘’He is a lawyer and he knows the consequences of jumping bail,’’ he warned.
‘’We will proceed as planned to prosecute him for genocide denial and make sure that throughout the process we are not infringing his functional immunity as defence lawyer of the ICTR,’’ Rwandan Prosecutor General emphasized.
In its decision of October 6, the Appeals Chamber recognized the functional immunity of the defence counsels in the course of executing their duties in defence of their clients before the ICTR.
‘’The small reference to a particular document that was seen to be infringing his immunity will be withdrawn from our charge sheet,’’ Ngoga said.
Erlinder went to Rwanda to defend the opposition leader, Victoire Ingabire of unregistered United Democratic Forces (UDF-Inkingi) party, who wished to run for presidency alongside President Paul Kagame and who has herself been charged with genocide denial.
‘’It is going to happen very soon. I would say in a couple of weeks,’’ Ngoga told a press conference jointly conducted by the Spokesperson of the ICTR, Roland Amoussouga.
Erlinder is lead counsel for genocide-convict Major Aloys Ntabakuze who has appealed against life imprisonment sentence rendered by ICTR on December 18, 2008. His appeal is yet to be heard.
Ngoga’s statement follows a recent decision by the Appeals Chamber of the Tribunal on a motion filed by Ntabakuze.
‘’We have a substantive case against Erlinder,’’ Ngoga pointed out , adding that ‘’genocide denial is not acceptable. It doesn’t matter wherever you come from.’’
He explained that if Erlinder does not respond to the summons he would be a fugitive and Rwanda would opt to use the Interpol, to track him down for his arrest. ‘’He is a lawyer and he knows the consequences of jumping bail,’’ he warned.
‘’We will proceed as planned to prosecute him for genocide denial and make sure that throughout the process we are not infringing his functional immunity as defence lawyer of the ICTR,’’ Rwandan Prosecutor General emphasized.
In its decision of October 6, the Appeals Chamber recognized the functional immunity of the defence counsels in the course of executing their duties in defence of their clients before the ICTR.
‘’The small reference to a particular document that was seen to be infringing his immunity will be withdrawn from our charge sheet,’’ Ngoga said.
Erlinder went to Rwanda to defend the opposition leader, Victoire Ingabire of unregistered United Democratic Forces (UDF-Inkingi) party, who wished to run for presidency alongside President Paul Kagame and who has herself been charged with genocide denial.
Thursday, October 21, 2010
St. Paul attorney facing denial-of-genocide charges in Rwanda
By BOB VON STERNBERG, Star Tribune
A St. Paul law professor jailed last spring in Rwanda will be criminally charged with denying the genocide that devastated that country in the early 1990s.
Rwanda's chief prosecutor, Martin Ngoga, said Peter Erlinder will be charged with denying the genocide. Erlinder, a law professor at the William Mitchell College of Law in St. Paul was arrested in May and was released in June on bail.
Ngoga made his remarks in Arusha, Tanzania, where the International Criminal Tribunal for Rwanda is based.
Erlinder, 62, is a well-known human rights lawyer who represented Victoire Ingabire, a Hutu leader who unsuccessfully challenged President Paul Kagame in last August's 9 elections.
Ingabire was arrested in April on a charge similar to Erlinder's -- denying the genocide of the nation's Tutsis.
More than 500,000 Rwandans, mostly ethnic Tutsis, were massacred by Hutus during the 1994 genocide. Erlinder contends it's inaccurate to blame one side. He believes Rwandan authorities intended to make him disappear when he was arrested but his contact with a U.S. diplomat saved him.
Earlier this year, Erlinder helped file suit in U.S. federal court alleging that Kagame helped incite the violence that triggered the genocide. He also has raised questions about Kagame's complicity during his work before the United Nations International Criminal Tribunal, which is weighing Rwandan war crimes.
Erlinder was imprisoned for 21 days before Rwandan officials released him and allowed him to fly home.
The Associated Press contributed to this report.
A St. Paul law professor jailed last spring in Rwanda will be criminally charged with denying the genocide that devastated that country in the early 1990s.
Rwanda's chief prosecutor, Martin Ngoga, said Peter Erlinder will be charged with denying the genocide. Erlinder, a law professor at the William Mitchell College of Law in St. Paul was arrested in May and was released in June on bail.
Ngoga made his remarks in Arusha, Tanzania, where the International Criminal Tribunal for Rwanda is based.
Erlinder, 62, is a well-known human rights lawyer who represented Victoire Ingabire, a Hutu leader who unsuccessfully challenged President Paul Kagame in last August's 9 elections.
Ingabire was arrested in April on a charge similar to Erlinder's -- denying the genocide of the nation's Tutsis.
More than 500,000 Rwandans, mostly ethnic Tutsis, were massacred by Hutus during the 1994 genocide. Erlinder contends it's inaccurate to blame one side. He believes Rwandan authorities intended to make him disappear when he was arrested but his contact with a U.S. diplomat saved him.
Earlier this year, Erlinder helped file suit in U.S. federal court alleging that Kagame helped incite the violence that triggered the genocide. He also has raised questions about Kagame's complicity during his work before the United Nations International Criminal Tribunal, which is weighing Rwandan war crimes.
Erlinder was imprisoned for 21 days before Rwandan officials released him and allowed him to fly home.
The Associated Press contributed to this report.
Monday, October 4, 2010
Rusesabagina Challenges the UN to take the Next Steps to End the Culture of Impunity in Rwanda
Paul Rusesabagina, Founder and President of the Hotel Rwanda Rusesabagina Foundation (HRRF), today challenged the United Nations to take the next logical steps after the release last week of the “Democratic Republic of the Congo, 1993-2003, The Report of the Mapping Exercise.” He asked the UN to take next steps to investigate the crimes that the Rwandan Government has perpetrated within Rwanda and to pursue legal action on the charges outlined in the report.
Rusesabagina said “During the Rwandan Genocide, as I struggled day after day to save the 1,268 people under my watch at the Mille Colline Hotel in Kigali, I often thought the UN had stopped caring about the people of Rwanda. But, the release of this report, and, the idea that the world will now be better informed about the realities in the Great Lakes Region of Africa, makes me believe that the UN has not completely forgotten about my fellow Rwandans.”
“Now, the UN, and the International community, must continue to push Rwanda and the countries of the Great Lakes region and end the culture of impunity once and for all,” said Rusesabagina. “I most strongly urge the United Nations to pursue the charges outlined in the report until justice is served for the victims.”
In addition to pursuing the Court cases, the HRRF also asks the United Nations to look at not only the crimes that have take place inside the Congo, but also those crimes that the Rwandan Government has committed with in Rwanda.
The report is an important first step for the more than 5 million innocent victims of murder, rape, and crimes against humanity in the Congo. The Rwandan government and others in the region are shown to have used the Congo as a killing field while they plundered the natural resources to fuel this conflict and line their pockets.
"A full and independent international investigation is needed for all of these allegations. It is essential that the Rwandan government and others involved not be allowed to use the threat of withdrawing its peace keepers, or any other political motives, as an excuse to halt the important justice process that is only beginning with this report,” Rusesabagina said.
Rusesabagina urges the use of the full power of the United Nations to look in to the atrocities, war crimes and crimes against humanity that the Rwandan government has perpetrated against innocents throughout the region, including inside the country of Rwanda. "The Congolese government has already noted that it may not have the ability to pursue all of these charges, and thus international action to pursue justice for the victims is clearly needed."
He concluded, “This UN mapping report highlights the need for a truth, justice and reconciliation process that can bring lasting peace to the region. We hope that the United Nations and the international community will stand with the Hotel Rwanda Rusesabagina Foundation as we push for the next steps and work to end the cycle of impunity in the region.”
Friday, October 1, 2010
Paul Rusesabagina Applauds UN Report
Paul Rusesabagina, Founder and President of the Hotel Rwanda Rusesabagina Foundation (HRRF), today applauded the release of the “Democratic Republic of the Congo, 1993-2003, The Report of the Mapping Exercise” and the idea that the world will now be better informed about the realities in the Great Lakes Region of Africa.
“My Foundation has worked for years to educate the international community about the reality of life in Rwanda and the Great Lakes Region and to advocate for a Truth and Reconciliation process to heal the people of the region and stop the violence. There have been atrocities, human rights violations, and war crimes and yes, even genocide, committed by all the sides in the Rwandan civil war and since then. This report acknowledges that truth.” said Rusesabagina.
This report validates critiques that the Hotel Rwanda Rusesabagina Foundation and many other human rights organizations have been making of the Rwandan Government in recent years.
The recent election brought internal repression in to the public view. This report is an essential recognition by the UN that the current Rwandan government has been involved for years in war crimes, crimes against humanity, and the plundering of the Congo.
Dr. Brian Endless, Senior Advisor to the HRRF noted that “The report is an important step for the more than 5 million innocent victims of murder, rape, and crimes against humanity in the Congo. The Rwandan government is shown to have used the Congo as a killing field while they plundered the natural resources to fuel this conflict and line their pockets.”
The report shows that Rwanda and the region are still far from peace and reconciliation since the 1994 genocide and that the violence has continued. The fact that the Rwandan government is fighting a proxy war in the Congo is clearly shown by this report. This document is an important step for the future of the region that highlights the need for a truth, justice and reconciliation process that can bring lasting peace to the region.
“My Foundation has worked for years to educate the international community about the reality of life in Rwanda and the Great Lakes Region and to advocate for a Truth and Reconciliation process to heal the people of the region and stop the violence. There have been atrocities, human rights violations, and war crimes and yes, even genocide, committed by all the sides in the Rwandan civil war and since then. This report acknowledges that truth.” said Rusesabagina.
This report validates critiques that the Hotel Rwanda Rusesabagina Foundation and many other human rights organizations have been making of the Rwandan Government in recent years.
The recent election brought internal repression in to the public view. This report is an essential recognition by the UN that the current Rwandan government has been involved for years in war crimes, crimes against humanity, and the plundering of the Congo.
Dr. Brian Endless, Senior Advisor to the HRRF noted that “The report is an important step for the more than 5 million innocent victims of murder, rape, and crimes against humanity in the Congo. The Rwandan government is shown to have used the Congo as a killing field while they plundered the natural resources to fuel this conflict and line their pockets.”
The report shows that Rwanda and the region are still far from peace and reconciliation since the 1994 genocide and that the violence has continued. The fact that the Rwandan government is fighting a proxy war in the Congo is clearly shown by this report. This document is an important step for the future of the region that highlights the need for a truth, justice and reconciliation process that can bring lasting peace to the region.
Wednesday, September 29, 2010
South Africa's Israel boycott
By Ronnie Kasrils
When Chief Albert Luthuli made a call for the international community to support a boycott of apartheid South Africa in 1958, the response was a widespread and dedicated movement that played a significant role in ending apartheid. Amid the sporting boycotts, the pledges of playwrights and artists, the actions by workers to stop South African goods from entering local markets and the constant pressure on states to withdraw their support for the apartheid regime, the role of academics also came to the fore.
One significant move was the resolution taken by 150 Irish academics not to accept academic posts or appointments in apartheid South Africa. In 1971, the council of Trinity College Dublin took a decision not to own shares in any company that traded or had a subsidiary that traded in the Republic. The council later resolved that the university would not retain any formal or institutional links with any academic or state institution in South Africa.
Almost four decades later, the campaign for boycott, divestment and sanctions is gaining ground again in South Africa, this time against Israeli apartheid.
Earlier this month, more than 100 academics across South Africa, from over 13 universities, pledged their support to a University of Johannesburg initiative for ending collaboration with the Israeli occupation. The campaign has since grown to include up to 200 supporters. The nationwide academic petition calling for the termination of an agreement between the University of Johannesburg and the Israeli Ben-Gurion University of the Negev has attracted widespread attention. With the recent endorsement of some of the leading voices in South Africa, such as Kader Asmal, Breyten Breytenbach, John Dugard, Antjie Krog, Mahmood Mamdani, Barney Pityana and Desmond Tutu, the statement confirms the strength of the boycott call in South Africa:
"As academics we acknowledge that all of our scholarly work takes place within larger social contexts – particularly in institutions committed to social transformation. South African institutions are under an obligation to revisit relationships forged during the apartheid era with other institutions that turned a blind eye to racial oppression in the name of 'purely scholarly' or 'scientific work'."
Israeli universities are not being targeted for boycott because of their ethnic or religious identity, but because of their complicity in the Israeli system of apartheid. As the academics who have supported the call clearly articulate in their statement, Ben-Gurion University maintains material links to the military occupation. Israel's attacks on Gaza in 2009, which saw the killing of more than 400 children, drew immediate and widespread international condemnation. Israel's violation of international law was further confirmed by South Africa's Justice Richard Goldstone in his report to the United Nations. Ben-Gurion University directly and indirectly supported these attacks, through the offering of scholarships and extra tuition to students who served in active combat units and by providing special grants to students who went on reserve duty for each day of service.
The principled position of academics in South Africa to distance themselves from institutions that support the occupation is a reflection of the advances already made in exposing that the Israeli regime is guilty of an illegal and immoral colonial project. South Africa's Human Sciences Research Council, in a response to an investigation commissioned by the South African government in 2009, issued a report confirming that the everyday structural racism and oppression imposed by Israel constitutes a regime of apartheid and settler colonialism similar to the one that shaped our lives in South Africa.
More recently, the international response to the shameful attack on the flotilla carrying medical supplies and other basic goods to the ghettoised population of Gaza was a sign of the erosion of Israel's legitimacy in the eyes of the international community. In South Africa, the recall of our ambassador to Israel and the issuing of one of the strongest forms of diplomatic condemnation, the démarche, to Israel's ambassador in Pretoria was a strong statement of recognition by the South African government that Israel's actions deserve our utmost contempt.
The campaign for boycott, divestment and sanctions against Israel has now launched in South Africa. Trade unions in South Africa have publicly committed their support; most notably with the action by South African Transport and Allied Workers Union dockworkers early last year to refuse offloading Israeli goods at Durban harbour – a commitment that was renewed in July this year.
The consumer boycott has also been gaining ground, including the launch of the recent public campaign by leading South African activists to boycott Ahava Dead Sea Cosmetics and to join the international movement to boycott Israeli products.
The boycott and sanctions campaign ultimately helped liberate both black and white South Africans. Palestinians and Israelis will similarly benefit from this international non-violent campaign – a campaign that all South Africans can take forward.
The petition to terminate the relationship between University of Johannesburg and Ben-Gurion University of the Negev can be accessed at www.ujpetition.com.
When Chief Albert Luthuli made a call for the international community to support a boycott of apartheid South Africa in 1958, the response was a widespread and dedicated movement that played a significant role in ending apartheid. Amid the sporting boycotts, the pledges of playwrights and artists, the actions by workers to stop South African goods from entering local markets and the constant pressure on states to withdraw their support for the apartheid regime, the role of academics also came to the fore.
One significant move was the resolution taken by 150 Irish academics not to accept academic posts or appointments in apartheid South Africa. In 1971, the council of Trinity College Dublin took a decision not to own shares in any company that traded or had a subsidiary that traded in the Republic. The council later resolved that the university would not retain any formal or institutional links with any academic or state institution in South Africa.
Almost four decades later, the campaign for boycott, divestment and sanctions is gaining ground again in South Africa, this time against Israeli apartheid.
Earlier this month, more than 100 academics across South Africa, from over 13 universities, pledged their support to a University of Johannesburg initiative for ending collaboration with the Israeli occupation. The campaign has since grown to include up to 200 supporters. The nationwide academic petition calling for the termination of an agreement between the University of Johannesburg and the Israeli Ben-Gurion University of the Negev has attracted widespread attention. With the recent endorsement of some of the leading voices in South Africa, such as Kader Asmal, Breyten Breytenbach, John Dugard, Antjie Krog, Mahmood Mamdani, Barney Pityana and Desmond Tutu, the statement confirms the strength of the boycott call in South Africa:
"As academics we acknowledge that all of our scholarly work takes place within larger social contexts – particularly in institutions committed to social transformation. South African institutions are under an obligation to revisit relationships forged during the apartheid era with other institutions that turned a blind eye to racial oppression in the name of 'purely scholarly' or 'scientific work'."
Israeli universities are not being targeted for boycott because of their ethnic or religious identity, but because of their complicity in the Israeli system of apartheid. As the academics who have supported the call clearly articulate in their statement, Ben-Gurion University maintains material links to the military occupation. Israel's attacks on Gaza in 2009, which saw the killing of more than 400 children, drew immediate and widespread international condemnation. Israel's violation of international law was further confirmed by South Africa's Justice Richard Goldstone in his report to the United Nations. Ben-Gurion University directly and indirectly supported these attacks, through the offering of scholarships and extra tuition to students who served in active combat units and by providing special grants to students who went on reserve duty for each day of service.
The principled position of academics in South Africa to distance themselves from institutions that support the occupation is a reflection of the advances already made in exposing that the Israeli regime is guilty of an illegal and immoral colonial project. South Africa's Human Sciences Research Council, in a response to an investigation commissioned by the South African government in 2009, issued a report confirming that the everyday structural racism and oppression imposed by Israel constitutes a regime of apartheid and settler colonialism similar to the one that shaped our lives in South Africa.
More recently, the international response to the shameful attack on the flotilla carrying medical supplies and other basic goods to the ghettoised population of Gaza was a sign of the erosion of Israel's legitimacy in the eyes of the international community. In South Africa, the recall of our ambassador to Israel and the issuing of one of the strongest forms of diplomatic condemnation, the démarche, to Israel's ambassador in Pretoria was a strong statement of recognition by the South African government that Israel's actions deserve our utmost contempt.
The campaign for boycott, divestment and sanctions against Israel has now launched in South Africa. Trade unions in South Africa have publicly committed their support; most notably with the action by South African Transport and Allied Workers Union dockworkers early last year to refuse offloading Israeli goods at Durban harbour – a commitment that was renewed in July this year.
The consumer boycott has also been gaining ground, including the launch of the recent public campaign by leading South African activists to boycott Ahava Dead Sea Cosmetics and to join the international movement to boycott Israeli products.
The boycott and sanctions campaign ultimately helped liberate both black and white South Africans. Palestinians and Israelis will similarly benefit from this international non-violent campaign – a campaign that all South Africans can take forward.
The petition to terminate the relationship between University of Johannesburg and Ben-Gurion University of the Negev can be accessed at www.ujpetition.com.
Monday, August 30, 2010
Outrage at UN Decision to Exonerate Shell for Oil Pollution in Niger Delta
Oil giant blamed for 10% of 9m barrels leaked in 40 years • Report claims rest of leaking oil caused by saboteurs
by John Vidal
A three-year investigation by the United Nations will almost entirely exonerate Royal Dutch Shell for 40 years of oil pollution in the Niger delta, causing outrage among communities who have long campaigned to force the multinational to clean up its spills and pay compensation.
Oil pipelines in Okrika, near Port Harcourt. The UNEP denies it has been influenced by Shell, which paid for its $10m, three-year study. (Photograph: Ed Kashi)
The $10m (£6.5m) investigation by the UN environment programme (UNEP), paid for by Shell, will say that only 10% of oil pollution in Ogoniland has been caused by equipment failures and company negligence, and concludes that the rest has come from local people illegally stealing oil and sabotaging company pipelines.
The shock disclosure was made by Mike Cowing, the head of a UN team of 100 people who have been studying environmental damage in the region.
Cowing said that the 300 known oil spills in the Ogoniland region of the delta caused massive damage, but added that 90% of the spills had been caused by "bunkering" gangs trying to steal oil.
His comments, in a briefing in Geneva last week, have caused deep offence among the families of Ken Saro-Wiwa and the eight other Ogoni leaders who were hanged by the Nigerian government in 1995 after a peaceful uprising against Shell's pollution.
With 606 oil fields, the Niger delta supplies 8.2% of the crude oil imported by the US. Life expectancy in its rural communities, half of which have no access to clean water, has fallen to little more than 40 over the past two generations.
Communities accept that bunkering has become rife in some areas of Ogoniland, but say this is a recent development and most of the historical pollution has been caused by Shell operations.
Last year, Amnesty calculated that the equivalent of at least 9m barrels of oil has been spilled in the delta over the past half a century, nearly twice as much as the 5m barrels unleashed in the Gulf of Mexico by the Deepwater Horizon disaster.
Tonight the investigation was accused of bias by Nigerians and environmental groups who said the study - paid for by Shell and commissioned by the Nigerian government, who both have massive oil interests in the region - was unbalanced.
Ben Ikari, an Ogoni activist, said: "Nobody from Ogoniland would be surprised, because the federal government of Nigeria and Shell are the same cabal that killed Ken Saro-Wiwa and others."
Ben Amunwa of London-based oil watchdog group Platform said: "The UNEP study relies on bogus figures from Shell and incomplete government records. Many Ogoni suspect that the report's focus on sabotage and bunkering will be used to justify military repression notorious in the Niger delta, where non-violent activists, including Ken Saro-Wiwa, were executed."
Cowing defended the UN report. In a series of emails seen by the Guardian, he said: "UNEP is not responsible for allocating responsibility for the number of spills being found in Ogoniland. Rather, we are focusing on the science. The figures referred to are those of the ministry of the environment and the department of petroleum resources.
"This is a Nigerian issue, not a UNEP issue. However, I would add that from our extensive field work throughout Ogoniland we have witnessed, on a daily basis, very large scale bunkering operations.
"It's very controversial. We cannot say whether a particular spill is from one cause or another. Our observation is that there is a serious [bunkering ] problem. I am being seen to be siding with the oil companies, but I am not.
"We were provided with the official spill site list. This is given by the oil companies themselves but is endorsed by the [government] agencies. We are not on the side of the oil companies."
He denied the UN was being influenced by Shell or the government. "We believe that it is correct that Shell [Nigeria] fund the study, as this is in compliance with the internationally accepted norm of the 'polluter pays'. No party ... will be able to influence the science."
The full report, due to be published by December, is expected to warn of an environmental catastrophe.
"This is not directly comparable to the spills that occurred in the Gulf [of Mexico]," said Cowing. "But we have a serious and profound problem."
Tonight, environmental groups expressed shock at the report. Nnimmo Bassey, chair of Friends the Earth International and director of Environmental Rights Action, Nigeria's leading environment group, said: "It is incredible that the UN says that 90% is caused by communities. The UNEP assessment is being paid for by Shell. Their conclusions may be tailored to satisfy their client. We monitor spills regularly and our observation is the direct opposite of what UNEP is planning to report."
A June 2009 report by Amnesty International called the damage in the delta a "human rights tragedy", and blamed the government and oil firms, mainly Shell, for years of pollution. It recognised that oil bunkering had caused spills, but said "the scale of this problem is not clear".
The UN report saw more than 1,000 soil and water tests and other investigations carried out, and hundreds of communities consulted. The data generated is the first step towards a massive clean-up.
Oil production in the delta started during the 1950s, but was suspended in the 90s due to unrest. The oil fields in Ogoniland have since remained dormant.
by John Vidal
A three-year investigation by the United Nations will almost entirely exonerate Royal Dutch Shell for 40 years of oil pollution in the Niger delta, causing outrage among communities who have long campaigned to force the multinational to clean up its spills and pay compensation.
Oil pipelines in Okrika, near Port Harcourt. The UNEP denies it has been influenced by Shell, which paid for its $10m, three-year study. (Photograph: Ed Kashi)
The $10m (£6.5m) investigation by the UN environment programme (UNEP), paid for by Shell, will say that only 10% of oil pollution in Ogoniland has been caused by equipment failures and company negligence, and concludes that the rest has come from local people illegally stealing oil and sabotaging company pipelines.
The shock disclosure was made by Mike Cowing, the head of a UN team of 100 people who have been studying environmental damage in the region.
Cowing said that the 300 known oil spills in the Ogoniland region of the delta caused massive damage, but added that 90% of the spills had been caused by "bunkering" gangs trying to steal oil.
His comments, in a briefing in Geneva last week, have caused deep offence among the families of Ken Saro-Wiwa and the eight other Ogoni leaders who were hanged by the Nigerian government in 1995 after a peaceful uprising against Shell's pollution.
With 606 oil fields, the Niger delta supplies 8.2% of the crude oil imported by the US. Life expectancy in its rural communities, half of which have no access to clean water, has fallen to little more than 40 over the past two generations.
Communities accept that bunkering has become rife in some areas of Ogoniland, but say this is a recent development and most of the historical pollution has been caused by Shell operations.
Last year, Amnesty calculated that the equivalent of at least 9m barrels of oil has been spilled in the delta over the past half a century, nearly twice as much as the 5m barrels unleashed in the Gulf of Mexico by the Deepwater Horizon disaster.
Tonight the investigation was accused of bias by Nigerians and environmental groups who said the study - paid for by Shell and commissioned by the Nigerian government, who both have massive oil interests in the region - was unbalanced.
Ben Ikari, an Ogoni activist, said: "Nobody from Ogoniland would be surprised, because the federal government of Nigeria and Shell are the same cabal that killed Ken Saro-Wiwa and others."
Ben Amunwa of London-based oil watchdog group Platform said: "The UNEP study relies on bogus figures from Shell and incomplete government records. Many Ogoni suspect that the report's focus on sabotage and bunkering will be used to justify military repression notorious in the Niger delta, where non-violent activists, including Ken Saro-Wiwa, were executed."
Cowing defended the UN report. In a series of emails seen by the Guardian, he said: "UNEP is not responsible for allocating responsibility for the number of spills being found in Ogoniland. Rather, we are focusing on the science. The figures referred to are those of the ministry of the environment and the department of petroleum resources.
"This is a Nigerian issue, not a UNEP issue. However, I would add that from our extensive field work throughout Ogoniland we have witnessed, on a daily basis, very large scale bunkering operations.
"It's very controversial. We cannot say whether a particular spill is from one cause or another. Our observation is that there is a serious [bunkering ] problem. I am being seen to be siding with the oil companies, but I am not.
"We were provided with the official spill site list. This is given by the oil companies themselves but is endorsed by the [government] agencies. We are not on the side of the oil companies."
He denied the UN was being influenced by Shell or the government. "We believe that it is correct that Shell [Nigeria] fund the study, as this is in compliance with the internationally accepted norm of the 'polluter pays'. No party ... will be able to influence the science."
The full report, due to be published by December, is expected to warn of an environmental catastrophe.
"This is not directly comparable to the spills that occurred in the Gulf [of Mexico]," said Cowing. "But we have a serious and profound problem."
Tonight, environmental groups expressed shock at the report. Nnimmo Bassey, chair of Friends the Earth International and director of Environmental Rights Action, Nigeria's leading environment group, said: "It is incredible that the UN says that 90% is caused by communities. The UNEP assessment is being paid for by Shell. Their conclusions may be tailored to satisfy their client. We monitor spills regularly and our observation is the direct opposite of what UNEP is planning to report."
A June 2009 report by Amnesty International called the damage in the delta a "human rights tragedy", and blamed the government and oil firms, mainly Shell, for years of pollution. It recognised that oil bunkering had caused spills, but said "the scale of this problem is not clear".
The UN report saw more than 1,000 soil and water tests and other investigations carried out, and hundreds of communities consulted. The data generated is the first step towards a massive clean-up.
Oil production in the delta started during the 1950s, but was suspended in the 90s due to unrest. The oil fields in Ogoniland have since remained dormant.
World Bank Land Grab Report Under Fire
July 29, 2010, 8:21 AM ET
Source: Wall Street Journal
The World Bank has prepared a report on massive investments into developing world agriculture, a practice shorthanded as land grabbing.
The report is due for publication next month, but leaks are already getting out, and causing a stir among Brussels’ huge development activist community.
Amid the food and land bubble leading up to 2008, African land became the target of big corporations and sovereign wealth funds.
Most famously, Daewoo Logistics Corp. in 2008 was able to get a 99-year lease on a spread of land in Madagascar as big as Qatar, a deal that was later overturned after a coup.
The World Bank report criticizes land grabbing for not meshing with proper development strategies and leading to conflict.
Development advocates are up in arms about the Bank’s handling of the report, which say flatly contradicts the Bank’s own policy of encouraging international trade and investment. That’s why the bank proposes releasing it at the height of the summer, when noone will be watching, they claim.
In a phone interview, Olivier de Schutter, a Belgian who has been U.N. Special Rapporteur on the Right to Food since 2008, explained the outrage.
“The World Bank encourages these investments,” he said. “They argue it’s a solution for the lack of equipment, the lack of storage facilities in the development world.”
“Investment is needed,” continued Mr. de Schutter, who teaches at the University of Louvain in Belgium and Columbia Unversity. “But not investment under any conditions. You don’t want to encourage or allow a market for speculators.”
The arrival of big outside investors “often pushes the original land users off the land,” he said. “It’s an important consequence for communities who have no legal titles.”
His goal, and that of other development activists, he said, is to raise awareness about the land grab issue. “The World Bank is a complex animal, it’s not going to change right away.”
Still, he added, “this report is embarrassing for the Bank, and that’s why they’re releasing it in the middle of summer.”
A World Bank official said the Washington-based institution would never seek to muffle the work and findings of its researchers.
Source: Wall Street Journal
The World Bank has prepared a report on massive investments into developing world agriculture, a practice shorthanded as land grabbing.
The report is due for publication next month, but leaks are already getting out, and causing a stir among Brussels’ huge development activist community.
Amid the food and land bubble leading up to 2008, African land became the target of big corporations and sovereign wealth funds.
Most famously, Daewoo Logistics Corp. in 2008 was able to get a 99-year lease on a spread of land in Madagascar as big as Qatar, a deal that was later overturned after a coup.
The World Bank report criticizes land grabbing for not meshing with proper development strategies and leading to conflict.
Development advocates are up in arms about the Bank’s handling of the report, which say flatly contradicts the Bank’s own policy of encouraging international trade and investment. That’s why the bank proposes releasing it at the height of the summer, when noone will be watching, they claim.
In a phone interview, Olivier de Schutter, a Belgian who has been U.N. Special Rapporteur on the Right to Food since 2008, explained the outrage.
“The World Bank encourages these investments,” he said. “They argue it’s a solution for the lack of equipment, the lack of storage facilities in the development world.”
“Investment is needed,” continued Mr. de Schutter, who teaches at the University of Louvain in Belgium and Columbia Unversity. “But not investment under any conditions. You don’t want to encourage or allow a market for speculators.”
The arrival of big outside investors “often pushes the original land users off the land,” he said. “It’s an important consequence for communities who have no legal titles.”
His goal, and that of other development activists, he said, is to raise awareness about the land grab issue. “The World Bank is a complex animal, it’s not going to change right away.”
Still, he added, “this report is embarrassing for the Bank, and that’s why they’re releasing it in the middle of summer.”
A World Bank official said the Washington-based institution would never seek to muffle the work and findings of its researchers.
ICTR Defense Lawyers Condemn Murder of ICTR Lawyer Mwaikusa: Continuing Threats from Rwandan Government
ARUSHA, TZ --The Bureau of the ICTR Association des Avocats de la Defense (ADAD), notes with sadness and alarm the murder of our ICTR colleague, University of Dar es Salaam Law Professor Jwani Mwaikusa, who was shot to death at his home on July 14. Professor Mwaikusa had recently prevented the transfer of ICTR defendants to Rwanda on “lack of fair trial” grounds, and announced the appeal of his client’s July 3 conviction.
Our colleague’s murder is not an isolated incident. Within the past month, a prominent Rwandan opposition journalist was also shot to death in front of his home; a former Rwandan general survived an apparent assassination attempt in front of his home in South Africa, where he is seeking asylum; the de-capitated body of the Rwandan Green Party Vice-president was found near his abandoned car and, the Party’s President has been publicly threatened with assassination.
Hundreds of potential Rwandan opposition candidates and supporters have been arrested or disappeared. Presidential candidate Victoire Ingabire was arrested for suggesting that both Tutsi and Hutu were victims during the 1990-94 civil war and genocide, and her Dutch, U.S. and Rwandan lawyers were also arrested.
The Mwaikusa murder also follows the illegal arrest of other lawyers. U.S. Law Professor Peter Erlinder was arrested in late May on “genocide-denial” charges based on his public statements arising from his work in the ICTR Military 1 Trial, in which four former senior military officers were acquitted of “genocide conspiracy” charges in February 2009, and his representation of Madame Ingabire. ICTR defense lawyers refused to participate in proceedings after his arrest, and he was released after an international campaign.
But, the Rwandan government refuses to recognize meaningful UN-granted immunity for Erlinder or other ICTR defense counsel. Defense lawyer Peter Robinson (a former Assistant U.S. Attorney) has asked to withdraw from the ICTR representation because a meaningful defense is not possible, under current conditions. Other ICTR defense attorneys are considering similar measures.
Rwandan government threats to ICTR defense counsel are also not isolated incidents. In 2006, ICTR defense lawyer Me. Gakwaya was arrested on a Rwandan “genocide” warrant when he arrived at the ICTR to represent his client and, although he was eventually released, he was forced to end his ICTR work. Many other defense team members have been forced to give up ICTR work, because of threats, or arrest, by the Rwanda government. The Erlinder arrest, Mwaikusa murder and continuing threats against defense team members make clear that the ICTR cannot guarantee the safety of defense team members, anywhere in Africa.
In addition, during the past-2 months credible media reports have documented the systematic withholding of evidence helpful to the defense by the ICTR Prosecutor, which further deepens our concern because only the losing side in the Rwanda civil war has been prosecuted at the ICTR. The ADAD Bureau is deeply concerned that the impossibility of meaningful defense at the ICTR has called into question the legitimacy of the ICTR, itself, an open question.
ADAD calls on the UN Security Council to ensure the safety of ICTR defense teams; to undertake an independent investigation of the Mwaikuza murder; and, to re-establish the integrity of the Tribunal by fully disclosing evidence of crimes committed by both the former and current Rwandan government .
- 30 -
Prof. Peter Erlinder
Wm. Mitchell College of Law
St. Paul, MN. USA
651-290-6384
Our colleague’s murder is not an isolated incident. Within the past month, a prominent Rwandan opposition journalist was also shot to death in front of his home; a former Rwandan general survived an apparent assassination attempt in front of his home in South Africa, where he is seeking asylum; the de-capitated body of the Rwandan Green Party Vice-president was found near his abandoned car and, the Party’s President has been publicly threatened with assassination.
Hundreds of potential Rwandan opposition candidates and supporters have been arrested or disappeared. Presidential candidate Victoire Ingabire was arrested for suggesting that both Tutsi and Hutu were victims during the 1990-94 civil war and genocide, and her Dutch, U.S. and Rwandan lawyers were also arrested.
The Mwaikusa murder also follows the illegal arrest of other lawyers. U.S. Law Professor Peter Erlinder was arrested in late May on “genocide-denial” charges based on his public statements arising from his work in the ICTR Military 1 Trial, in which four former senior military officers were acquitted of “genocide conspiracy” charges in February 2009, and his representation of Madame Ingabire. ICTR defense lawyers refused to participate in proceedings after his arrest, and he was released after an international campaign.
But, the Rwandan government refuses to recognize meaningful UN-granted immunity for Erlinder or other ICTR defense counsel. Defense lawyer Peter Robinson (a former Assistant U.S. Attorney) has asked to withdraw from the ICTR representation because a meaningful defense is not possible, under current conditions. Other ICTR defense attorneys are considering similar measures.
Rwandan government threats to ICTR defense counsel are also not isolated incidents. In 2006, ICTR defense lawyer Me. Gakwaya was arrested on a Rwandan “genocide” warrant when he arrived at the ICTR to represent his client and, although he was eventually released, he was forced to end his ICTR work. Many other defense team members have been forced to give up ICTR work, because of threats, or arrest, by the Rwanda government. The Erlinder arrest, Mwaikusa murder and continuing threats against defense team members make clear that the ICTR cannot guarantee the safety of defense team members, anywhere in Africa.
In addition, during the past-2 months credible media reports have documented the systematic withholding of evidence helpful to the defense by the ICTR Prosecutor, which further deepens our concern because only the losing side in the Rwanda civil war has been prosecuted at the ICTR. The ADAD Bureau is deeply concerned that the impossibility of meaningful defense at the ICTR has called into question the legitimacy of the ICTR, itself, an open question.
ADAD calls on the UN Security Council to ensure the safety of ICTR defense teams; to undertake an independent investigation of the Mwaikuza murder; and, to re-establish the integrity of the Tribunal by fully disclosing evidence of crimes committed by both the former and current Rwandan government .
- 30 -
Prof. Peter Erlinder
Wm. Mitchell College of Law
St. Paul, MN. USA
651-290-6384
Tuesday, July 13, 2010
Guinea protests over 'rigged polls'
Around 3,000 people marched in Conakry to protest the election results [AFP]
Police in Guinea have fired teargas at thousands of people marching against alleged fraud in last month's first round of presidential elections.
The protest took place in the capital Conakry on Monday, in defiance of a government ban on demonstrations.
Cellou Dalein Diallo, the former prime minister, won the June 27 election with nearly 40 per cent of the vote and is set to go forward into a runoff with second-placed Alpha Conde on July 18.
But losing parties including supporters of Sidya Toure, another ex-prime minister, say they have evidence of rigging.
On Monday a crowd of around 3,000 people, largely composed of women, marched in front of the electoral commission and the supreme court chanting "Sidya was cheated" and "we want Sidya for the second round".
Irregularities
Toure missed out on a place in a runoff vote to be the west African country's first freely elected president, after gaining 15.60 per cent of the first-round vote, according to provisional results.
Diallo scored 39.72 per cent and Conde 20.67 per cent.
Many of the initial 24 candidates have alleged irregularities in voting and they have eight days to contest the results, according to electoral commission rules.
The commission has itself admitted "many cases of fraud".
Over three million Guineans, 77 per cent of registered voters, participated in the country's first democratic election since independence from France in 1958 in a bid to end half a century of civilian and military dictatorships.
Police in Guinea have fired teargas at thousands of people marching against alleged fraud in last month's first round of presidential elections.
The protest took place in the capital Conakry on Monday, in defiance of a government ban on demonstrations.
Cellou Dalein Diallo, the former prime minister, won the June 27 election with nearly 40 per cent of the vote and is set to go forward into a runoff with second-placed Alpha Conde on July 18.
But losing parties including supporters of Sidya Toure, another ex-prime minister, say they have evidence of rigging.
On Monday a crowd of around 3,000 people, largely composed of women, marched in front of the electoral commission and the supreme court chanting "Sidya was cheated" and "we want Sidya for the second round".
Irregularities
Toure missed out on a place in a runoff vote to be the west African country's first freely elected president, after gaining 15.60 per cent of the first-round vote, according to provisional results.
Diallo scored 39.72 per cent and Conde 20.67 per cent.
Many of the initial 24 candidates have alleged irregularities in voting and they have eight days to contest the results, according to electoral commission rules.
The commission has itself admitted "many cases of fraud".
Over three million Guineans, 77 per cent of registered voters, participated in the country's first democratic election since independence from France in 1958 in a bid to end half a century of civilian and military dictatorships.
Arrests made over Uganda bombings
Andrew Simmons reports on the destruction in Kampala and the president's response
Ugandan authorities have made a number of arrests in connection with explosions at two sites in Kampala that left at least 74 people dead.
Kale Kayihura, the inspector-general of police, said on Tuesday that investigators had also found a unexploded suicide bomb belt at a third site, a discotheque, in the capital.
Somalia's al-Shabab group has said it carried out the attacks on Sunday.
"We have established that what was found at the discotheque was in fact a suicide vest, and it could also be used as an IED [improvised explosive device]," Kayihura said.
The vest, laden with explosives and fitted with a detonator, was found on Monday, packed in a laptop bag at a club in the southwestern Kampala district of Makindye.
"It's possible that the person who was supposed to do this was [a coward] because the system was intact," he said.
One blast hit an Ethiopian restaurant in the south of the city on Sunday, while the other occurred at a rugby sports club as people watched the World Cup final.
Al-Shabab statement
The near-simultaneous attacks on Sunday were the first time the group, which has carried out multiple suicide attacks inside Somalia, has struck outside of the country.
"Al-Shabab was behind the two blasts in Uganda," Sheik Ali Mohamud Rage, the group's spokesperson, announced in Mogadishu.
"We thank the mujahideens that carried out the attack. We are sending a message to Uganda and Burundi, if they do not take out their Amisom [African Union Mission in Somalia] troops from Somalia, blasts will continue and it will happen."
INTERACT
Were you at the scene of the Kampala attacks?
Send us your photos, video and personal accounts
Uganda and Burundi currently have peacekeepers in Somalia as part of a stabilisation mission supported by the African Union.
"[Al-Shabab's] strategy is to undermine getting troops into Somalia through attacks like this," Simmons said.
Hussein Mohammed Noor, a Somalia analyst, said the Ethiopian restaurant was likely targeted because of "Ethiopia's involvement in Somalia".
However, he told Al Jazeera that these attacks were unlikely to make African countries reconsider sending troops to Somalia.
Lieutenant-Colonel Felix Kulaigye, a Ugandan army spokesman, said: "Al-Shabab is the reason why we should stay in Somalia. We have to pacify Somalia."
Kayihura that the attacks, which took place amid large crowds at the two locations, could have been carried out by suicide bombers.
"These bombs were definitely targeting World Cup crowds," he said.
Severed head found
Investigators reportedly found the severed head of a Somali national at the scene of one of the blasts.
Officials said 60 Ugandans, nine Ethiopians or Eritreans, one Irish woman, and one Asian were also among those killed.
Two people could not be identified. At least 85 people were wounded.
The blasts had 'all the hallmarks' of al-Shabab
The attacks left scores of football fans reeling in shock.
"We were watching soccer here and then when there were three minutes to the end of the match an explosion came ... and it was so loud," Juma Seiko, who was at the Kampala Rugby Club, said.
Hassan Isilow, a Somali analyst living in Kampala, said that Somalis in Uganda feared reprisals after the claims that al-Shabab launched the attacks.
"There is fear within the Somali community at the moment," he said. "People are in panic."
"[Somalis] own lots of businesses around the city and most of them are not working today."
Ramtane Lamamra, the AU commissioner for peace and security, condemned the attack "in the strongest possible terms".
"The attacks prove that terrorists can hit anywhere, including Africa," he said.
Lamamra said that the body's annual meeting of heads of state would go ahead in Kampala next week.
Ugandan authorities have made a number of arrests in connection with explosions at two sites in Kampala that left at least 74 people dead.
Kale Kayihura, the inspector-general of police, said on Tuesday that investigators had also found a unexploded suicide bomb belt at a third site, a discotheque, in the capital.
Somalia's al-Shabab group has said it carried out the attacks on Sunday.
"We have established that what was found at the discotheque was in fact a suicide vest, and it could also be used as an IED [improvised explosive device]," Kayihura said.
The vest, laden with explosives and fitted with a detonator, was found on Monday, packed in a laptop bag at a club in the southwestern Kampala district of Makindye.
"It's possible that the person who was supposed to do this was [a coward] because the system was intact," he said.
One blast hit an Ethiopian restaurant in the south of the city on Sunday, while the other occurred at a rugby sports club as people watched the World Cup final.
Al-Shabab statement
The near-simultaneous attacks on Sunday were the first time the group, which has carried out multiple suicide attacks inside Somalia, has struck outside of the country.
"Al-Shabab was behind the two blasts in Uganda," Sheik Ali Mohamud Rage, the group's spokesperson, announced in Mogadishu.
"We thank the mujahideens that carried out the attack. We are sending a message to Uganda and Burundi, if they do not take out their Amisom [African Union Mission in Somalia] troops from Somalia, blasts will continue and it will happen."
INTERACT
Were you at the scene of the Kampala attacks?
Send us your photos, video and personal accounts
Uganda and Burundi currently have peacekeepers in Somalia as part of a stabilisation mission supported by the African Union.
"[Al-Shabab's] strategy is to undermine getting troops into Somalia through attacks like this," Simmons said.
Hussein Mohammed Noor, a Somalia analyst, said the Ethiopian restaurant was likely targeted because of "Ethiopia's involvement in Somalia".
However, he told Al Jazeera that these attacks were unlikely to make African countries reconsider sending troops to Somalia.
Lieutenant-Colonel Felix Kulaigye, a Ugandan army spokesman, said: "Al-Shabab is the reason why we should stay in Somalia. We have to pacify Somalia."
Kayihura that the attacks, which took place amid large crowds at the two locations, could have been carried out by suicide bombers.
"These bombs were definitely targeting World Cup crowds," he said.
Severed head found
Investigators reportedly found the severed head of a Somali national at the scene of one of the blasts.
Officials said 60 Ugandans, nine Ethiopians or Eritreans, one Irish woman, and one Asian were also among those killed.
Two people could not be identified. At least 85 people were wounded.
The blasts had 'all the hallmarks' of al-Shabab
The attacks left scores of football fans reeling in shock.
"We were watching soccer here and then when there were three minutes to the end of the match an explosion came ... and it was so loud," Juma Seiko, who was at the Kampala Rugby Club, said.
Hassan Isilow, a Somali analyst living in Kampala, said that Somalis in Uganda feared reprisals after the claims that al-Shabab launched the attacks.
"There is fear within the Somali community at the moment," he said. "People are in panic."
"[Somalis] own lots of businesses around the city and most of them are not working today."
Ramtane Lamamra, the AU commissioner for peace and security, condemned the attack "in the strongest possible terms".
"The attacks prove that terrorists can hit anywhere, including Africa," he said.
Lamamra said that the body's annual meeting of heads of state would go ahead in Kampala next week.
Tuesday, July 6, 2010
Rwanda: Kagame tortures opposition, arrests Ingabire's new lawyer
By Ann Garrison.
Rwandan opposition leaders Victoire Ingabire Umuhoza and Frank Habineza report ongoing torture of opposition party members arrested in Kigali on June 24th, 2010, as they attempted to protest exclusion from this year's presidential election.
Ingabire is the presidential candidate of Rwanda's FDU-Inkingi Party, Habineza of the Democratic Green Party of Rwanda.
Victoire Ingabire Umuhoza, presidential candidate of Rwanda's FDU-Inkingi Party, whom Peter Erlnder flew to Rwanda to defend against charges he is now facing himself. She has been warned that she will be arrested again if she continues to speak to the press, and now her Rwandan lawyer, Theogene Muhayeyezu, has been arrested as well.
Ingabire also reports that her Rwandan lawyer, Mr. Theogene Muhayeyezu, has been arrested, tortured, and detained incommunicado. Yesterday her former U.S. lawyer, Peter Erlinder, and his Kenyan lawyers Kennedy Ogeto and Otachi Gershom, addressed the Chicago Chapter of the National Lawyers' Guild, about the meaning of Erlinder's three weeks incarceration in Rwanda after traveling there to defend Ingabire against charges of "genocide ideology," which he called "trumped up charges" and "thought crime." Rwanda's genocide ideology statutes ban disagreement with the official version of the 1994 Rwanda Genocide, or, many say, disagreement with sitting President Paul Kagame.
Rwandan Police arrested hundreds of opposition party members on June 24th, including presidential candidate Bernard Ntaganda. Ntaganda had called for the day's protest, saying that "silence is acceptance" of the opposition's exclusion from the election. He remains in prison, now on a hunger strike, and two other P.S. Imberakuri Party officers, including the Secretary General, have
Parti Social-Imberakuri
Rwandan Police arrested Bernard Ntaganda, presidential candidate of the dissident wing of Rwanda's Parti Social-Imberakuri, on the morning of April 24th, before he could leave his home to attend a protest of the opposition's exclusion from the election, which he had called, saying "Silence is acceptance."
No candidates who've been allowed to run against Kagame in the election now heading for August 9th polls have the remotest chance of defeating him; most observers describe them as faux candidates who agreed to run so as to make Kagame's re-election look credible. Banned Umuseso Newspaper Editors Didas Gasana and Charles Kabonero, both of whom have fled to Uganda to escape imprisonment themselves, say that election observers from the UK and the US can do no more than validate a sham.
Victoire Ingabire Umuhoza of the United Democratic Forces, reports, from Kigali, that the opposition members still under arrest are being held in cells, handcuffed day and night, and tortured, with the following consequences:
"1. Ms. Alice MUHIRWA, the FDU-Inkingi Party Treasurer, is still bleeding due to boots kicks into her stomach. She has been denied access to a medical doctor.
2. Mr. Sylvain SIBOMANA, the FDU Secretary General, needs an urgent X-Ray after being beaten hard several times with legs and arms tied behind his back.
3. Mr. Theoneste SIBOMANA, FDU Party Leader in Kigali, needs to be evaluated for head injury, possibly a concussion, after his head was banged on the wall many times.
4. Maitre Theogene MUHAYEYEZU, the new defense lawyer for Ms. Victoire Ingabire Umuhoza, the party's chair and presidential candidate, has been tortured after arrest and detained incommunicado.
5. The medical condition of the party member Martin NTAVUKA is not known."
The US Embassy is next door to Rwandan President Paul Kagame's offices, and the U.S.A. and the UK are the dominant foreign powers in the region, and the most generous donors to the Rwandan government. Opposition leaders Habineza and Ingabire have both called on the U.S. and the UK to make real democracy and respect for human rights in Rwanda a condition of their ongoing support.
Umuseso Editor Didas Gasana said, "I would like the American people to know that their tax dollars are not going to build hospitals and schools, but to support one of the most brutal dictatorships in Africa."
Rwandan opposition leaders Victoire Ingabire Umuhoza and Frank Habineza report ongoing torture of opposition party members arrested in Kigali on June 24th, 2010, as they attempted to protest exclusion from this year's presidential election.
Ingabire is the presidential candidate of Rwanda's FDU-Inkingi Party, Habineza of the Democratic Green Party of Rwanda.
Victoire Ingabire Umuhoza, presidential candidate of Rwanda's FDU-Inkingi Party, whom Peter Erlnder flew to Rwanda to defend against charges he is now facing himself. She has been warned that she will be arrested again if she continues to speak to the press, and now her Rwandan lawyer, Theogene Muhayeyezu, has been arrested as well.
Ingabire also reports that her Rwandan lawyer, Mr. Theogene Muhayeyezu, has been arrested, tortured, and detained incommunicado. Yesterday her former U.S. lawyer, Peter Erlinder, and his Kenyan lawyers Kennedy Ogeto and Otachi Gershom, addressed the Chicago Chapter of the National Lawyers' Guild, about the meaning of Erlinder's three weeks incarceration in Rwanda after traveling there to defend Ingabire against charges of "genocide ideology," which he called "trumped up charges" and "thought crime." Rwanda's genocide ideology statutes ban disagreement with the official version of the 1994 Rwanda Genocide, or, many say, disagreement with sitting President Paul Kagame.
Rwandan Police arrested hundreds of opposition party members on June 24th, including presidential candidate Bernard Ntaganda. Ntaganda had called for the day's protest, saying that "silence is acceptance" of the opposition's exclusion from the election. He remains in prison, now on a hunger strike, and two other P.S. Imberakuri Party officers, including the Secretary General, have
Parti Social-Imberakuri
Rwandan Police arrested Bernard Ntaganda, presidential candidate of the dissident wing of Rwanda's Parti Social-Imberakuri, on the morning of April 24th, before he could leave his home to attend a protest of the opposition's exclusion from the election, which he had called, saying "Silence is acceptance."
No candidates who've been allowed to run against Kagame in the election now heading for August 9th polls have the remotest chance of defeating him; most observers describe them as faux candidates who agreed to run so as to make Kagame's re-election look credible. Banned Umuseso Newspaper Editors Didas Gasana and Charles Kabonero, both of whom have fled to Uganda to escape imprisonment themselves, say that election observers from the UK and the US can do no more than validate a sham.
Victoire Ingabire Umuhoza of the United Democratic Forces, reports, from Kigali, that the opposition members still under arrest are being held in cells, handcuffed day and night, and tortured, with the following consequences:
"1. Ms. Alice MUHIRWA, the FDU-Inkingi Party Treasurer, is still bleeding due to boots kicks into her stomach. She has been denied access to a medical doctor.
2. Mr. Sylvain SIBOMANA, the FDU Secretary General, needs an urgent X-Ray after being beaten hard several times with legs and arms tied behind his back.
3. Mr. Theoneste SIBOMANA, FDU Party Leader in Kigali, needs to be evaluated for head injury, possibly a concussion, after his head was banged on the wall many times.
4. Maitre Theogene MUHAYEYEZU, the new defense lawyer for Ms. Victoire Ingabire Umuhoza, the party's chair and presidential candidate, has been tortured after arrest and detained incommunicado.
5. The medical condition of the party member Martin NTAVUKA is not known."
The US Embassy is next door to Rwandan President Paul Kagame's offices, and the U.S.A. and the UK are the dominant foreign powers in the region, and the most generous donors to the Rwandan government. Opposition leaders Habineza and Ingabire have both called on the U.S. and the UK to make real democracy and respect for human rights in Rwanda a condition of their ongoing support.
Umuseso Editor Didas Gasana said, "I would like the American people to know that their tax dollars are not going to build hospitals and schools, but to support one of the most brutal dictatorships in Africa."
Wednesday, June 30, 2010
New row over colonial past as Congo marks independence
50th anniversary triggers rancorous debate as Belgians may face charges over Lumumba killing
Leigh Phillips in Brussels
King Albert II of Belgium will today join African leaders including Jacob Zuma and Robert Mugabe at a ceremony in Kinshasa to mark the 50th anniversary of Congo's independence. The capital of the Democratic Republic of the Congo has received a facelift for today's military parade, but the anniversary has triggered a rancorous debate about the colonial record of Belgium, where a campaign is under way to prosecute ageing civil servants over the 1961 murder of a Congolese independence hero.
Thousands of Congolese lined the streets to cheer the arrival of "their" king on Monday night , according to Le Soir, Belgium's bestselling Francophone daily, which refigured its masthead from blue to leopard print and renamed itself Le Soir de Kinshasa for a day.
The Belgian monarch will not be making speeches while in Congo, however. He is keen to avoid any echo of his brother's notorious farewell speech in 1960, in which he saluted the "genius" of Belgium's colonialism.
The Belgian government is also anxious that the visit should not be seen as endorsing Congo's poor human rights record under President Joseph Kabila.
Meanwhile, a team of Belgian, American and German lawyers is preparing to file criminal complaints relating to the assassination in January 1961 of Patrice Lumumba, Congo's first post-independence prime minister.
The legal team is targeting 12 former civil servants who worked in the Belgian colonial administration.
Led by Christophe Marchand, the lawyers represent Lumumba's three sons and are basing their case on a Belgian parliamentary investigation in 2001 into the country's involvement in the assassination.
"The parliamentary commission found that Belgium was morally responsible but not legally responsible," Marchand said.
"We analysed the documents, the facts established by the commission, and found there were international legal consequences.
"The events of 1960-61 occurred at a time of international armed conflict. This means there is no statute of limitations, as these constitute war crimes."
The complaint will be filed in October against individuals Marchand declines to name and who are now in their 80s and 90s.
"It's going to be a hard case, for sure. The defence will be very tough," Marchand said. "The descendants of Belgians in Congo want to avoid trials at all cost.They will argue that this is not the right jurisdiction, that the statute of limitations does apply, and that this does not count as an international conflict. And there is still a strong taboo in Belgium about discussing this subject."
Researchers believe that around half the population was killed in the Belgian colony of the Congo Free State – in effect, the personal property of Leopold.
Louis Michel, Belgium's liberal ex-foreign minister and until last year the EU's development commissioner, caused controversy last week by declaring Leopold II "a true visionary for his time, a hero", and a man who "brought civilisation".
Michel, now an MEP, said: "The Belgians built railways, schools and hospitals and boosted economic growth. Yes," he said, "maybe colonisation was domineering, but at a certain moment, it brought civilisation."
Adam Hochschild, author of King Leopold's Ghosts, about the Belgian Congo, said that sections of Belgian society were still unwilling to address the past: "Leopold's aim was quite open: to extract as much wealth from the territory as he could. In today's money, this amounted to $1bn in profit over 23 years. He did so by putting much of the male population under forced labour. Between 8 and 10 million Congolese died."
Leopold pioneered particularly brutal forms of forced labour for rubber extraction. To make sure the Congolese men did not run off, the Belgians held their women hostage until they came back.
"The men were worked to death and the women raped and starved. Quite how this can be hailed as the delivery of progress and civilisation is a mystery to me," said Hochschild.
Belgium still boasts a Royal Belgian Overseas Union which aims "to restore the image of the Belgian colonial period, and to combat all libel and disinformation against the Belgian colonial era."In the Matonge quarter of Brussels, home to Belgium's many Congolese immigrants, posters denounce the royal visit and Belgian "neocolonialism".
At the Bana Congo barber's, Masudi Serge said the royal visit was unwanted.
"We are not happy, not happy at all. Leopold was a Hitler. There have never been any real inquiries here, any trials. How can we be happy when they are still profiting from Congo?"
Leigh Phillips in Brussels
King Albert II of Belgium will today join African leaders including Jacob Zuma and Robert Mugabe at a ceremony in Kinshasa to mark the 50th anniversary of Congo's independence. The capital of the Democratic Republic of the Congo has received a facelift for today's military parade, but the anniversary has triggered a rancorous debate about the colonial record of Belgium, where a campaign is under way to prosecute ageing civil servants over the 1961 murder of a Congolese independence hero.
Thousands of Congolese lined the streets to cheer the arrival of "their" king on Monday night , according to Le Soir, Belgium's bestselling Francophone daily, which refigured its masthead from blue to leopard print and renamed itself Le Soir de Kinshasa for a day.
The Belgian monarch will not be making speeches while in Congo, however. He is keen to avoid any echo of his brother's notorious farewell speech in 1960, in which he saluted the "genius" of Belgium's colonialism.
The Belgian government is also anxious that the visit should not be seen as endorsing Congo's poor human rights record under President Joseph Kabila.
Meanwhile, a team of Belgian, American and German lawyers is preparing to file criminal complaints relating to the assassination in January 1961 of Patrice Lumumba, Congo's first post-independence prime minister.
The legal team is targeting 12 former civil servants who worked in the Belgian colonial administration.
Led by Christophe Marchand, the lawyers represent Lumumba's three sons and are basing their case on a Belgian parliamentary investigation in 2001 into the country's involvement in the assassination.
"The parliamentary commission found that Belgium was morally responsible but not legally responsible," Marchand said.
"We analysed the documents, the facts established by the commission, and found there were international legal consequences.
"The events of 1960-61 occurred at a time of international armed conflict. This means there is no statute of limitations, as these constitute war crimes."
The complaint will be filed in October against individuals Marchand declines to name and who are now in their 80s and 90s.
"It's going to be a hard case, for sure. The defence will be very tough," Marchand said. "The descendants of Belgians in Congo want to avoid trials at all cost.They will argue that this is not the right jurisdiction, that the statute of limitations does apply, and that this does not count as an international conflict. And there is still a strong taboo in Belgium about discussing this subject."
Researchers believe that around half the population was killed in the Belgian colony of the Congo Free State – in effect, the personal property of Leopold.
Louis Michel, Belgium's liberal ex-foreign minister and until last year the EU's development commissioner, caused controversy last week by declaring Leopold II "a true visionary for his time, a hero", and a man who "brought civilisation".
Michel, now an MEP, said: "The Belgians built railways, schools and hospitals and boosted economic growth. Yes," he said, "maybe colonisation was domineering, but at a certain moment, it brought civilisation."
Adam Hochschild, author of King Leopold's Ghosts, about the Belgian Congo, said that sections of Belgian society were still unwilling to address the past: "Leopold's aim was quite open: to extract as much wealth from the territory as he could. In today's money, this amounted to $1bn in profit over 23 years. He did so by putting much of the male population under forced labour. Between 8 and 10 million Congolese died."
Leopold pioneered particularly brutal forms of forced labour for rubber extraction. To make sure the Congolese men did not run off, the Belgians held their women hostage until they came back.
"The men were worked to death and the women raped and starved. Quite how this can be hailed as the delivery of progress and civilisation is a mystery to me," said Hochschild.
Belgium still boasts a Royal Belgian Overseas Union which aims "to restore the image of the Belgian colonial period, and to combat all libel and disinformation against the Belgian colonial era."In the Matonge quarter of Brussels, home to Belgium's many Congolese immigrants, posters denounce the royal visit and Belgian "neocolonialism".
At the Bana Congo barber's, Masudi Serge said the royal visit was unwanted.
"We are not happy, not happy at all. Leopold was a Hitler. There have never been any real inquiries here, any trials. How can we be happy when they are still profiting from Congo?"
Wednesday, June 23, 2010
Sudanese rebels surrender to ICC
Submitted by Jurist
Two Sudanese rebel leaders suspected of committing war crimes related to the ongoing Darfur violence surrendered June 16 to the International Criminal Court (ICC). Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are suspected in connection with the September 2007 attack on African Union (AU) peacekeeping troops at Haskanita, which resulted in the death of 12 peacekeepers. Summonses for Banda and Jerbo were issued under seal by Pre-Trial Chamber I last August and include charges of murder, intentionally attacking a peacekeeping mission, and "pillaging."
ICC Chief Prosecutor Luis Moreno-Ocampo praised the voluntary appearance of the men saying, "It shows the importance of co-operation by all parties to the conflict, as required by United Nations Security Council Resolution 1593." Ocampo also indicated that the appearance of the men means that the ICC will have the chance to prosecute all suspects they wished to prosecute in connection with the Haskanita attack. A third rebel leader, Bahar Idriss Abu Garda, was charged by the ICC earlier this year in connection with the attack, but the charges were dropped due to lack of evidence. Banda and Jerbo are scheduled to make their first appearance before the court tomorrow.
Last week, Ocampo called on the UN Security Council to support the arrest of two other Sudanese men who have been indicted for war crimes in Sudan. Ocampo urged the Security Council to secure the execution of the outstanding arrest warrants for Ahmad Harun and Ali Kushayb in light of the fact that the Sudanese government, which bears the primary responsibility to do so, has not. Last month, Ocampo referred Sudan to the Security Council for lack of cooperation in the pursuit of Harun and Kushayb. Sudan, which is not a permanent member of the ICC under the Rome Statute, refuses to recognize the court's jurisdiction, stating that "the International Criminal Court has no place in this crisis at all."
Two Sudanese rebel leaders suspected of committing war crimes related to the ongoing Darfur violence surrendered June 16 to the International Criminal Court (ICC). Abdallah Banda Abakaer Nourain (Banda) and Saleh Mohammed Jerbo Jamus (Jerbo) are suspected in connection with the September 2007 attack on African Union (AU) peacekeeping troops at Haskanita, which resulted in the death of 12 peacekeepers. Summonses for Banda and Jerbo were issued under seal by Pre-Trial Chamber I last August and include charges of murder, intentionally attacking a peacekeeping mission, and "pillaging."
ICC Chief Prosecutor Luis Moreno-Ocampo praised the voluntary appearance of the men saying, "It shows the importance of co-operation by all parties to the conflict, as required by United Nations Security Council Resolution 1593." Ocampo also indicated that the appearance of the men means that the ICC will have the chance to prosecute all suspects they wished to prosecute in connection with the Haskanita attack. A third rebel leader, Bahar Idriss Abu Garda, was charged by the ICC earlier this year in connection with the attack, but the charges were dropped due to lack of evidence. Banda and Jerbo are scheduled to make their first appearance before the court tomorrow.
Last week, Ocampo called on the UN Security Council to support the arrest of two other Sudanese men who have been indicted for war crimes in Sudan. Ocampo urged the Security Council to secure the execution of the outstanding arrest warrants for Ahmad Harun and Ali Kushayb in light of the fact that the Sudanese government, which bears the primary responsibility to do so, has not. Last month, Ocampo referred Sudan to the Security Council for lack of cooperation in the pursuit of Harun and Kushayb. Sudan, which is not a permanent member of the ICC under the Rome Statute, refuses to recognize the court's jurisdiction, stating that "the International Criminal Court has no place in this crisis at all."
Peacekeepers shot dead in Darfur
Reuters
Unidentified assailants have killed three Rwandan peacekeepers in Sudan's Darfur region.
Monday's attack is the latest assault on members of Unamid, a joint peacekeeping mission by the UN and the African Union.
More than 20 camouflaged attackers opened fire on the soldiers as they guarded civilian engineers building a Unamid base in the mountainous Jabel Mara area, the peacekeeping force said in a statement.
A Unamid official said on condition of anonymity that three attackers were also killed in the hour-long gun battle that ensued.
Ban Ki-moon, the UN secretary-general, has called on Khartoum to arrest the attackers.
Surge in fighting
Aid workers say they have been unable to get access to large parts of eastern Jabel Mara since February, when there was a surge in fighting between Sudanese army forces and rebels.
The Unamid force, made up of mostly African soldiers and police, took over from a African Union mission. It is still short of its expected strength of 26,000 and is supposed to keep the peace in an area the size of Spain.
A total of 27 Unamid police officers and soldiers have been killed in attacks since the force came to Darfur in 2008, Unamid said.
A Unamid patrol travelling towards Jabel Mara in March was ambushed and held overnight. Five Rwandan peacekeepers were killed in two attacks in Darfur in December.
Violence flared in the mostly desert region in 2003 when rebels demanding more autonomy for the territory launched a revolt against Sudan's government.
Sudanese government troops and allied fighters launched a counter-insurgency campaign which Washington and some activists called genocide.
Khartoum dismisses the accusation and accuses the Western media of exaggerating the conflict.
Unidentified assailants have killed three Rwandan peacekeepers in Sudan's Darfur region.
Monday's attack is the latest assault on members of Unamid, a joint peacekeeping mission by the UN and the African Union.
More than 20 camouflaged attackers opened fire on the soldiers as they guarded civilian engineers building a Unamid base in the mountainous Jabel Mara area, the peacekeeping force said in a statement.
A Unamid official said on condition of anonymity that three attackers were also killed in the hour-long gun battle that ensued.
Ban Ki-moon, the UN secretary-general, has called on Khartoum to arrest the attackers.
Surge in fighting
Aid workers say they have been unable to get access to large parts of eastern Jabel Mara since February, when there was a surge in fighting between Sudanese army forces and rebels.
The Unamid force, made up of mostly African soldiers and police, took over from a African Union mission. It is still short of its expected strength of 26,000 and is supposed to keep the peace in an area the size of Spain.
A total of 27 Unamid police officers and soldiers have been killed in attacks since the force came to Darfur in 2008, Unamid said.
A Unamid patrol travelling towards Jabel Mara in March was ambushed and held overnight. Five Rwandan peacekeepers were killed in two attacks in Darfur in December.
Violence flared in the mostly desert region in 2003 when rebels demanding more autonomy for the territory launched a revolt against Sudan's government.
Sudanese government troops and allied fighters launched a counter-insurgency campaign which Washington and some activists called genocide.
Khartoum dismisses the accusation and accuses the Western media of exaggerating the conflict.
Deadly Silence: Rwanda's Never Again Is Once Again?
by Alice Gatebuke
People often say, "All that is necessary for the triumph of evil is that good men do nothing." As a Rwandan Genocide survivor, I would not be alive if not for good people who stood up, advocated for, and protected me, facilitating my ultimate survival amidst the deafening silence of the international community. I was nine-years-old when I found myself caught in a maelstrom of violence that threatened to destroy everything I knew and held dear. And in many ways, all of those things, including family, friends, neighbors, home, and communities were destroyed.
I remember having a group of men wrap me in a blanket and smuggling me to a safe house in a different neighborhood. Petrified, I watched as these men accosted and negotiated with my would-be killers on a daily basis to save my life. I watched in horror and helplessness as my mother and brother were taken from my sister, young cousin and I to be killed. My mother and brother were told they had reached the end of their lives, and were then given tools to dig their own graves. Through the intervention of old friends, strangers, and new allies, my mother and brother's lives were spared, and our family was reunited.
I cannot imagine how my life would have been different had these individuals not intervened. They placed themselves and their families in danger by advocating for us. In our darkest moments I witnessed the zenith of human compassion. I saw the beauty and potential of the human spirit when good people unite for a good cause. Farmers, street kids, courageous women with children raised their voices against a group of evil doers. Through their acts of solidarity, lives were spared. My faith in humanity was reassured even in the midst of so much violence, death, and destruction. Sadly though, the international community remained silent about what was taking place in my country.
As I watch today the increasingly disturbing downward spiral in my country of birth, I am once again reminded of the international community's complicity and silence in the destruction of an entire nation. In recent times, when the first woman ever to run for president in my country was attacked by a mob, there was silence. While local newspapers were shut down, their writers exiled, and others incarcerated, I witnessed nothing but shrugs from the international community. When Human Rights Watch and Amnesty International reported on the growing repression and jailing of an increasing number of people based on vague laws applied to political opponents of the ruling regime, I saw nothing but rationalization from the international community.
Recently, Peter Erlinder, an American lawyer and professor who is representing a hopeful presidential candidate, was jailed in Rwanda. His arrest and subsequent charges were based on his work as a defense lawyer at the International Criminal Tribunal for Rwanda in Arusha, Tanzania. He stands accused of genocide ideology and negationism, the same crimes of which his client is also accused. As a genocide survivor, I take genocide crimes very seriously and strongly believe that each and every perpetrator of these crimes should be brought to justice and prosecuted to the fullest extent of the law. I also believe that each accused deserves and must be accorded a fair trial. The right to a fair trial and due process is a highly valued universal principle. Therefore I am perplexed by the silence around the professor's arrest, and the length of time it took the international community to intervene.
Due to Rwanda's economic progress, some of which is unfortunately derived from Congolese minerals and "supply side economics," human rights abuses are mere inconveniences to those strictly focused on economic growth. While Rwanda has become one of the most praised and progressive economies in Africa, the international community has watched it ravage neighboring Democratic Republic of Congo with impunity. An estimated six million Congolese lives have been claimed, and tragically, half of those deaths are children under the age of five.
The Rwandan Genocide was catastrophic. I know... I was there. And I survived. However, it should not be used as a pretext for repressing freedom of others and destroying innocent lives. Although the international community still remains silent in the face of all these grotesque abuses and human rights violations within and outside of Rwanda, the potential positive impact the international community could have on the situation should not be underestimated.
I witnessed first hand the power of good people who cared for a frightened 9 year old girl and her family. Everyday people opened their mouths and raised their voices. My family, especially my mother and brother, was spared because of ordinary people's courageous acts of generosity. I am eternally grateful to have lived to share my story. With all that is taking place in Rwanda today, especially the present-day eerie similarities to the pre-1994 genocide period, will the international community intervene now? One can only imagine the millions of lives that could be saved.
Alice Gatebuke is a Rwandan Genocide and war survivor, Cornell University graduate, and a human rights activist. She can be reached at gatebuke.alice@gmail.com.
People often say, "All that is necessary for the triumph of evil is that good men do nothing." As a Rwandan Genocide survivor, I would not be alive if not for good people who stood up, advocated for, and protected me, facilitating my ultimate survival amidst the deafening silence of the international community. I was nine-years-old when I found myself caught in a maelstrom of violence that threatened to destroy everything I knew and held dear. And in many ways, all of those things, including family, friends, neighbors, home, and communities were destroyed.
I remember having a group of men wrap me in a blanket and smuggling me to a safe house in a different neighborhood. Petrified, I watched as these men accosted and negotiated with my would-be killers on a daily basis to save my life. I watched in horror and helplessness as my mother and brother were taken from my sister, young cousin and I to be killed. My mother and brother were told they had reached the end of their lives, and were then given tools to dig their own graves. Through the intervention of old friends, strangers, and new allies, my mother and brother's lives were spared, and our family was reunited.
I cannot imagine how my life would have been different had these individuals not intervened. They placed themselves and their families in danger by advocating for us. In our darkest moments I witnessed the zenith of human compassion. I saw the beauty and potential of the human spirit when good people unite for a good cause. Farmers, street kids, courageous women with children raised their voices against a group of evil doers. Through their acts of solidarity, lives were spared. My faith in humanity was reassured even in the midst of so much violence, death, and destruction. Sadly though, the international community remained silent about what was taking place in my country.
As I watch today the increasingly disturbing downward spiral in my country of birth, I am once again reminded of the international community's complicity and silence in the destruction of an entire nation. In recent times, when the first woman ever to run for president in my country was attacked by a mob, there was silence. While local newspapers were shut down, their writers exiled, and others incarcerated, I witnessed nothing but shrugs from the international community. When Human Rights Watch and Amnesty International reported on the growing repression and jailing of an increasing number of people based on vague laws applied to political opponents of the ruling regime, I saw nothing but rationalization from the international community.
Recently, Peter Erlinder, an American lawyer and professor who is representing a hopeful presidential candidate, was jailed in Rwanda. His arrest and subsequent charges were based on his work as a defense lawyer at the International Criminal Tribunal for Rwanda in Arusha, Tanzania. He stands accused of genocide ideology and negationism, the same crimes of which his client is also accused. As a genocide survivor, I take genocide crimes very seriously and strongly believe that each and every perpetrator of these crimes should be brought to justice and prosecuted to the fullest extent of the law. I also believe that each accused deserves and must be accorded a fair trial. The right to a fair trial and due process is a highly valued universal principle. Therefore I am perplexed by the silence around the professor's arrest, and the length of time it took the international community to intervene.
Due to Rwanda's economic progress, some of which is unfortunately derived from Congolese minerals and "supply side economics," human rights abuses are mere inconveniences to those strictly focused on economic growth. While Rwanda has become one of the most praised and progressive economies in Africa, the international community has watched it ravage neighboring Democratic Republic of Congo with impunity. An estimated six million Congolese lives have been claimed, and tragically, half of those deaths are children under the age of five.
The Rwandan Genocide was catastrophic. I know... I was there. And I survived. However, it should not be used as a pretext for repressing freedom of others and destroying innocent lives. Although the international community still remains silent in the face of all these grotesque abuses and human rights violations within and outside of Rwanda, the potential positive impact the international community could have on the situation should not be underestimated.
I witnessed first hand the power of good people who cared for a frightened 9 year old girl and her family. Everyday people opened their mouths and raised their voices. My family, especially my mother and brother, was spared because of ordinary people's courageous acts of generosity. I am eternally grateful to have lived to share my story. With all that is taking place in Rwanda today, especially the present-day eerie similarities to the pre-1994 genocide period, will the international community intervene now? One can only imagine the millions of lives that could be saved.
Alice Gatebuke is a Rwandan Genocide and war survivor, Cornell University graduate, and a human rights activist. She can be reached at gatebuke.alice@gmail.com.
Rwanda: Govt Denies Any Role in Attempt to Kill Nyamwasa
Kezio-Musoke David and agencies
Kigali — An exiled Rwandan general was in the intensive care unit of a Johannesburg hospital today after being shot in the stomach.
Lieutenant-General Faustin Kayumba Nyamwasa was shot in South Africa on Saturday in what his wife Rosette Kayumba called a Rwandan-backed assassination attempt, a charge the Kigali government dismissed as "preposterous".
In Kigali, the Rwanda government condemned the shooting of Lt Gen Nyamwasa.
Ms Louise Mushikiwabo, Rwanda's government spokesperson said in a statement: "We learned the news through the media, and have no confirmation or details of the incident."
"The government of Rwanda does not condone violence, and we wish the family strength and serenity. We trust in the ability of South African authorities to investigate the incident thoroughly."
Once a close confidant of President Paul Kagame, Lt-Gen Nyamwasa fled to South Africa this year after falling out with the president, later accusing him of using an anti-corruption campaign to frame opponents.
Lt-Gen Nyamwasa's wife said she, her husband, their children and a driver had returned home from a shopping trip when an armed man approached their car and shot her husband.
Her husband and the driver got out of the car and scuffled with the gunman before he fled, she said. She said doctors told her husband would survive.
Mrs Kayumba said she believed President Kagame was behind the attack, and ruled out an attempted robbery or carjacking because the gunman targeted only her husband and did not try to steal the car.
"He must be behind this, I don't have proof... but we've been harassed for such a long time," she said of President Kagame.
The flight of Nyamwasa, who fought alongside Kagame to end the 1994 genocide in the central African nation, was a sign of a growing rift between the president and some of his top aides.
During and after the war to end the genocide, Nyamwasa held a number of key positions, including army chief of staff and head of the country's intelligence services.
Despite his heroic stature Kigali wants him back to answer to charges of alleged terrorism in connection with bomb blasts which rocked the country early this year something he has vehemently denied.
General Kayumba is also subject to two indictments. France and Spain have in the past issued arrest warrants against Nyamwasa and other RPF officials, for his alleged role in the lead-up to and during the 1994 genocide.
Rwanda is due to hold a presidential election in August, which Kagame is widely expected to win. The United States has toughened its stance on the country, saying it is concerned about democratic freedom there.
In the run-up to elections, Rwanda has suspended two independent newspapers, arrested a high-profile opposition figure and prevented two opposition parties from registering, US Assistant Secretary of State for African Affairs Johnnie Carson told the US Congress this year. Rwandan authorities link Nyamwasa and another fugitive senior officer in South Africa to a series of deadly grenade attacks in the capital this year, and accuse him of nepotism and unlawful accumulation of wealth.
He has rejected the charges and said the president has used his anti-corruption campaign to frame opponents.
"If accountability is going to be used as a political weapon to frame perceived opponents, then it ceases to be meaningful or useful," Lt-Gen Nyamwasa said in a statement printed in the Ugandan newspaper the Monitor in May.
Meanwhile, South African media reported various accounts of the attack, including one where Mrs Kayumba said she and her husband were returning from shopping to the upscale gated community where they live in northern Johannesburg when a lone gunman fired on him.
Mrs Nyamwasa also told the Associated Press that she felt the shooting was an assassination attempt since there had been no demand for money or goods.
She is also quoted saying that the gunman had shot at them, until his gun jammed.
Other contradicting reports indicate that the ex-army chief until 2002 was shot by unknown assailants while on his way to watch a FIFA World Cup football march between Ghana and Austria.
However according to Sapa (the South African Press Association), a non-governmental news wire based in Johannesburg, the South African police is quoted as saying that authorities have no information on the shooting.
SAPA also said that a South African foreign ministry official referred questions to police and declined to comment unless the incidence is ascertained.
"We are still trying to find out details. At the moment we don't know whether there was shooting or
Kigali — An exiled Rwandan general was in the intensive care unit of a Johannesburg hospital today after being shot in the stomach.
Lieutenant-General Faustin Kayumba Nyamwasa was shot in South Africa on Saturday in what his wife Rosette Kayumba called a Rwandan-backed assassination attempt, a charge the Kigali government dismissed as "preposterous".
In Kigali, the Rwanda government condemned the shooting of Lt Gen Nyamwasa.
Ms Louise Mushikiwabo, Rwanda's government spokesperson said in a statement: "We learned the news through the media, and have no confirmation or details of the incident."
"The government of Rwanda does not condone violence, and we wish the family strength and serenity. We trust in the ability of South African authorities to investigate the incident thoroughly."
Once a close confidant of President Paul Kagame, Lt-Gen Nyamwasa fled to South Africa this year after falling out with the president, later accusing him of using an anti-corruption campaign to frame opponents.
Lt-Gen Nyamwasa's wife said she, her husband, their children and a driver had returned home from a shopping trip when an armed man approached their car and shot her husband.
Her husband and the driver got out of the car and scuffled with the gunman before he fled, she said. She said doctors told her husband would survive.
Mrs Kayumba said she believed President Kagame was behind the attack, and ruled out an attempted robbery or carjacking because the gunman targeted only her husband and did not try to steal the car.
"He must be behind this, I don't have proof... but we've been harassed for such a long time," she said of President Kagame.
The flight of Nyamwasa, who fought alongside Kagame to end the 1994 genocide in the central African nation, was a sign of a growing rift between the president and some of his top aides.
During and after the war to end the genocide, Nyamwasa held a number of key positions, including army chief of staff and head of the country's intelligence services.
Despite his heroic stature Kigali wants him back to answer to charges of alleged terrorism in connection with bomb blasts which rocked the country early this year something he has vehemently denied.
General Kayumba is also subject to two indictments. France and Spain have in the past issued arrest warrants against Nyamwasa and other RPF officials, for his alleged role in the lead-up to and during the 1994 genocide.
Rwanda is due to hold a presidential election in August, which Kagame is widely expected to win. The United States has toughened its stance on the country, saying it is concerned about democratic freedom there.
In the run-up to elections, Rwanda has suspended two independent newspapers, arrested a high-profile opposition figure and prevented two opposition parties from registering, US Assistant Secretary of State for African Affairs Johnnie Carson told the US Congress this year. Rwandan authorities link Nyamwasa and another fugitive senior officer in South Africa to a series of deadly grenade attacks in the capital this year, and accuse him of nepotism and unlawful accumulation of wealth.
He has rejected the charges and said the president has used his anti-corruption campaign to frame opponents.
"If accountability is going to be used as a political weapon to frame perceived opponents, then it ceases to be meaningful or useful," Lt-Gen Nyamwasa said in a statement printed in the Ugandan newspaper the Monitor in May.
Meanwhile, South African media reported various accounts of the attack, including one where Mrs Kayumba said she and her husband were returning from shopping to the upscale gated community where they live in northern Johannesburg when a lone gunman fired on him.
Mrs Nyamwasa also told the Associated Press that she felt the shooting was an assassination attempt since there had been no demand for money or goods.
She is also quoted saying that the gunman had shot at them, until his gun jammed.
Other contradicting reports indicate that the ex-army chief until 2002 was shot by unknown assailants while on his way to watch a FIFA World Cup football march between Ghana and Austria.
However according to Sapa (the South African Press Association), a non-governmental news wire based in Johannesburg, the South African police is quoted as saying that authorities have no information on the shooting.
SAPA also said that a South African foreign ministry official referred questions to police and declined to comment unless the incidence is ascertained.
"We are still trying to find out details. At the moment we don't know whether there was shooting or
US lawyer jailed in Rwanda: US Embassy didn't help
By JASON STRAZIUSO
NAIROBI, Kenya — A U.S. lawyer released from a Rwandan prison on medical grounds credited America's Secretary of State with his release but said Sunday the U.S. Embassy did not help him secure food or medicine while in prison.
Peter Erlinder, 62, said he had to sleep on a concrete floor without a blanket and without assistance from the embassy after his May 28 arrest in Kigali, Rwanda's capital. The Minnesota law professor thanked U.S. Secretary of State Hillary Rodham Clinton for saying Rwanda shouldn't arrest lawyers but said embassy officials in Kigali and Nairobi have not helped much.
"My government insisted that I take my medications from my captors rather than bringing me medications directly," Erlinder told a news conference in Nairobi, his first public comments since his arrest. "It was impossible for them to arrange a doctor whom I would pay so that I wouldn't have to get my food and my medication from my captors."
A spokesman in Kigali said the U.S. embassy there offered regular assistance to the imprisoned lawyer.
"Embassy officials visited Erlinder every day and were in a constant touch with his family," embassy spokesman Edwina Sagitto said. "The Embassy also provided him food every day, and medicine from his doctors in the United States every day."
Erlinder did not outright say that he feared taking food from Rwandan authorities, but that was the implication. He added that it wasn't clear to him that "my own embassy was working in my interests." He did not elaborate.
A Rwandan judge ruled Thursday that Erlinder, a lawyer at the International Criminal Tribunal of Rwanda, should be freed from prison on medical grounds. Erlinder said he would soon go to the Mayo Clinic in Minnesota. He did not explain his health problems and declined to comment on his statements in a Rwandan court that he had attempted suicide in prison.
Rwanda's top prosecutor said after the medical release that he would continue his investigation of Erlinder, who said Sunday he would return to Rwanda to face charges if called by the court to do so. Erlinder has not yet been charged, but Rwandan authorities detained Erlinder on suspicion of what it calls minimizing the country's genocide.
That fact did not prevent Erlinder from making new statements that could anger the government of Rwanda, which has laws against minimizing the 1994 genocide in which hundreds of thousands of Rwandans, the vast majority of them ethnic Tutsis, were massacred by extremist Hutus over 100 days.
International accounts of the violence say at least 500,000 ethnic Tutsis and moderate Hutus were killed during Rwanda's genocide, which began after President Juvenal Habyarimana's plane was brought down in April 1994.
Erlinder has said there are two sides of the story, and said Sunday that there may be enough evidence to show that more ethnic Hutus died than Tutsis, a statement that could anger the government of President Paul Kagame.
"There is no question that there was a genocide in Rwanda. I've never denied it, and the prosecutors, after scouring all of my publications, were not able to find one time that I denied that there was a genocide against Tutsis," said Erlinder, a professor at William Mitchell College of Law in St. Paul.
"What I did say is that the story that this terrible genocide occurred after the assassination of Habyarimana was not something that had been long planned before the assassination, not because I say so but because that was the finding of the ICTR (International Criminal Tribunal of Rwanda)," he said.
Erlinder was in Rwanda to help with the legal defense of opposition leader Victoire Ingabire. Ingabire, a Hutu, wants to run for president in Aug. 9 elections, challenging incumbent President Kagame, a Tutsi. But she was arrested in April and charged with promoting a genocidal ideology. She was freed on bail but her passport was seized and she cannot leave Kigali.
Erlinder said he does not believe the conventional story line of the Rwandan genocide based on documents from the U.S. and U.N. that have recently been made public. He said the U.S. government has "systematically suppressed" evidence of the genocide.
Erlinder also said he can no longer act as an attorney for Ingabire. Choking back tears, he thanked his two Kenyan lawyers for traveling to Rwanda to defend him even though they could have been arrested. He also complained that only one of his lawyers has been given a U.S. visa and said he will not leave Kenya until his other lawyer is also given a visa.
NAIROBI, Kenya — A U.S. lawyer released from a Rwandan prison on medical grounds credited America's Secretary of State with his release but said Sunday the U.S. Embassy did not help him secure food or medicine while in prison.
Peter Erlinder, 62, said he had to sleep on a concrete floor without a blanket and without assistance from the embassy after his May 28 arrest in Kigali, Rwanda's capital. The Minnesota law professor thanked U.S. Secretary of State Hillary Rodham Clinton for saying Rwanda shouldn't arrest lawyers but said embassy officials in Kigali and Nairobi have not helped much.
"My government insisted that I take my medications from my captors rather than bringing me medications directly," Erlinder told a news conference in Nairobi, his first public comments since his arrest. "It was impossible for them to arrange a doctor whom I would pay so that I wouldn't have to get my food and my medication from my captors."
A spokesman in Kigali said the U.S. embassy there offered regular assistance to the imprisoned lawyer.
"Embassy officials visited Erlinder every day and were in a constant touch with his family," embassy spokesman Edwina Sagitto said. "The Embassy also provided him food every day, and medicine from his doctors in the United States every day."
Erlinder did not outright say that he feared taking food from Rwandan authorities, but that was the implication. He added that it wasn't clear to him that "my own embassy was working in my interests." He did not elaborate.
A Rwandan judge ruled Thursday that Erlinder, a lawyer at the International Criminal Tribunal of Rwanda, should be freed from prison on medical grounds. Erlinder said he would soon go to the Mayo Clinic in Minnesota. He did not explain his health problems and declined to comment on his statements in a Rwandan court that he had attempted suicide in prison.
Rwanda's top prosecutor said after the medical release that he would continue his investigation of Erlinder, who said Sunday he would return to Rwanda to face charges if called by the court to do so. Erlinder has not yet been charged, but Rwandan authorities detained Erlinder on suspicion of what it calls minimizing the country's genocide.
That fact did not prevent Erlinder from making new statements that could anger the government of Rwanda, which has laws against minimizing the 1994 genocide in which hundreds of thousands of Rwandans, the vast majority of them ethnic Tutsis, were massacred by extremist Hutus over 100 days.
International accounts of the violence say at least 500,000 ethnic Tutsis and moderate Hutus were killed during Rwanda's genocide, which began after President Juvenal Habyarimana's plane was brought down in April 1994.
Erlinder has said there are two sides of the story, and said Sunday that there may be enough evidence to show that more ethnic Hutus died than Tutsis, a statement that could anger the government of President Paul Kagame.
"There is no question that there was a genocide in Rwanda. I've never denied it, and the prosecutors, after scouring all of my publications, were not able to find one time that I denied that there was a genocide against Tutsis," said Erlinder, a professor at William Mitchell College of Law in St. Paul.
"What I did say is that the story that this terrible genocide occurred after the assassination of Habyarimana was not something that had been long planned before the assassination, not because I say so but because that was the finding of the ICTR (International Criminal Tribunal of Rwanda)," he said.
Erlinder was in Rwanda to help with the legal defense of opposition leader Victoire Ingabire. Ingabire, a Hutu, wants to run for president in Aug. 9 elections, challenging incumbent President Kagame, a Tutsi. But she was arrested in April and charged with promoting a genocidal ideology. She was freed on bail but her passport was seized and she cannot leave Kigali.
Erlinder said he does not believe the conventional story line of the Rwandan genocide based on documents from the U.S. and U.N. that have recently been made public. He said the U.S. government has "systematically suppressed" evidence of the genocide.
Erlinder also said he can no longer act as an attorney for Ingabire. Choking back tears, he thanked his two Kenyan lawyers for traveling to Rwanda to defend him even though they could have been arrested. He also complained that only one of his lawyers has been given a U.S. visa and said he will not leave Kenya until his other lawyer is also given a visa.
Saturday, June 19, 2010
Somalia: U.S. Military Aid Denounced
By JEFFREY GETTLEMAN
A second United States senator complained Thursday about American military assistance to Somalia’s government, which the United Nations considers one of the most flagrant users of child soldiers in the world. Senator Russ Feingold, Democrat of Wisconsin, said in a letter to Secretary of State Hillary Rodham Clinton that the American government should press the Somali military to halt any use of child soldiers and “until we have that confirmation, I believe it is inappropriate to continue providing the T.F.G. with security assistance.” American officials said they have urged the Somali military not to recruit children but that with few American personnel in Somalia, it is impossible to guarantee this does not happen.
A second United States senator complained Thursday about American military assistance to Somalia’s government, which the United Nations considers one of the most flagrant users of child soldiers in the world. Senator Russ Feingold, Democrat of Wisconsin, said in a letter to Secretary of State Hillary Rodham Clinton that the American government should press the Somali military to halt any use of child soldiers and “until we have that confirmation, I believe it is inappropriate to continue providing the T.F.G. with security assistance.” American officials said they have urged the Somali military not to recruit children but that with few American personnel in Somalia, it is impossible to guarantee this does not happen.
Thursday, June 17, 2010
PETER ERLINDER TO BE RELEASED
FOR IMMEDIATE RELEASE
Contacts: Gena Berglund, International Humanitarian Law Institute of
Minnesota, 651-208-7964; Scott Erlinder, brother of Peter Erlinder,
312-656-6098.
Peter Erlinder received "unconditional medical release" from the
Rwandan court.
Thursday, June 17, 2010 (Washington, DC) – Peter Erlinder, Professor
of Law at William Mitchell College of Law in St. Paul, MN and Lead
Defense Counsel at the International Criminal Tribunal for Rwanda
(ICTR) was arrested in Kigali, Rwanda on May 28, 2010. On June 7,
2010, his application for bail was denied.
The U.S. Embassy in Rwanda reported to the family at 10:30 CST that
Peter Erlinder will be allowed to return to the United States, but
charges have not been dropped. Erlinder's attorneys were informed that
he would be receive “unconditional medical release” by the Rwanda
Court. The process has to work it's way through the court and prison
system. Actual release is possible on Friday, June 18. At 10:30 a.m.
CST the attorneys were on their way to the hospital to inform Erlinder
of the decision. Erlinder was not present in the courtroom when the
decision was announced.
Peter Erlinder's family credits the massive outpouring of support and
education of all the various stake holders and thanks each and every
person and organization for their work on behalf of Peter Erlinder.
And the family urges the Rwandan government to drop all charges,
citing the ICTR ruling that Professor Erlinder has diplomatic immunity
because of his work as ICTR defense attorney.
In a two-page letter issued this week the ICTR Office of the Registrar
in Arusha wrote, "The ICTR hereby informs the Rwandan authorities that
Professor Erlinder enjoys immunity and requests, therefore, his
immediate release."1
On June 14, 2010, Secretary of State Hillary Rodham Clinton responded
to a question at the Diplomacy Briefing Series Conference on Sub-
Saharan Africa in Washington, DC.
SECRETARY CLINTON: …
We’ve made [those concerns] known to the Rwandan Government. We really
don’t want to see Rwanda undermine its own remarkable progress by
beginning to move away from a lot of the very positive actions that
undergirded its development so effectively. We still are very, very
supportive of Rwanda. ... But we are concerned by some of the recent
actions and we would like to see steps taken to reverse those actions.
On the one hand, I understand the anxiety of the Rwandan leadership
over what they view as genocide denial or genocide rejectionism. There
are many countries that have been in a similar historic position, so I
do understand that and I know that they are hypersensitive to that,
but – because, obviously, they don’t want to see anything ignite any
kind of ethnic conflict again. So I’m very sympathetic to that.
But I think that there are ways of dealing with that legitimate
concern other than politically acting against opposition figures or
lawyers and others. So on the one hand, I understand the motivation
and the concern. On the other hand, I want to see different actions
taken so that we don’t see a collision between what has been a
remarkably successful period of growth and reconciliation and healing
with the imperatives of continuing to build strong democratic
institutions.2
END OF CLINTON'S REMARKS
Contacts: Gena Berglund, International Humanitarian Law Institute of
Minnesota, 651-208-7964; Scott Erlinder, brother of Peter Erlinder,
312-656-6098.
Peter Erlinder received "unconditional medical release" from the
Rwandan court.
Thursday, June 17, 2010 (Washington, DC) – Peter Erlinder, Professor
of Law at William Mitchell College of Law in St. Paul, MN and Lead
Defense Counsel at the International Criminal Tribunal for Rwanda
(ICTR) was arrested in Kigali, Rwanda on May 28, 2010. On June 7,
2010, his application for bail was denied.
The U.S. Embassy in Rwanda reported to the family at 10:30 CST that
Peter Erlinder will be allowed to return to the United States, but
charges have not been dropped. Erlinder's attorneys were informed that
he would be receive “unconditional medical release” by the Rwanda
Court. The process has to work it's way through the court and prison
system. Actual release is possible on Friday, June 18. At 10:30 a.m.
CST the attorneys were on their way to the hospital to inform Erlinder
of the decision. Erlinder was not present in the courtroom when the
decision was announced.
Peter Erlinder's family credits the massive outpouring of support and
education of all the various stake holders and thanks each and every
person and organization for their work on behalf of Peter Erlinder.
And the family urges the Rwandan government to drop all charges,
citing the ICTR ruling that Professor Erlinder has diplomatic immunity
because of his work as ICTR defense attorney.
In a two-page letter issued this week the ICTR Office of the Registrar
in Arusha wrote, "The ICTR hereby informs the Rwandan authorities that
Professor Erlinder enjoys immunity and requests, therefore, his
immediate release."1
On June 14, 2010, Secretary of State Hillary Rodham Clinton responded
to a question at the Diplomacy Briefing Series Conference on Sub-
Saharan Africa in Washington, DC.
SECRETARY CLINTON: …
We’ve made [those concerns] known to the Rwandan Government. We really
don’t want to see Rwanda undermine its own remarkable progress by
beginning to move away from a lot of the very positive actions that
undergirded its development so effectively. We still are very, very
supportive of Rwanda. ... But we are concerned by some of the recent
actions and we would like to see steps taken to reverse those actions.
On the one hand, I understand the anxiety of the Rwandan leadership
over what they view as genocide denial or genocide rejectionism. There
are many countries that have been in a similar historic position, so I
do understand that and I know that they are hypersensitive to that,
but – because, obviously, they don’t want to see anything ignite any
kind of ethnic conflict again. So I’m very sympathetic to that.
But I think that there are ways of dealing with that legitimate
concern other than politically acting against opposition figures or
lawyers and others. So on the one hand, I understand the motivation
and the concern. On the other hand, I want to see different actions
taken so that we don’t see a collision between what has been a
remarkably successful period of growth and reconciliation and healing
with the imperatives of continuing to build strong democratic
institutions.2
END OF CLINTON'S REMARKS
Wednesday, June 16, 2010
Why is Peter Erlinder in Prison in Rwanda?
By Sarah Erlinder
Peter Erlinder, Professor of Law at William Mitchell College of Law in St. Paul, MN and lead defense
counsel at the International Criminal Tribunal for Rwanda (ICTR) was arrested in Kigali, Rwanda on May
28, 2010. On June 7, 2010, his application for bail was denied and
he remains in Kigali Central Prison.
Although no indictment has been issued, the bail decision indicates
that Erlinder will be charged under Rwanda’s law “Relating to
Punishment of the Crime of Genocide Ideology”1 for allegedly
denying genocide and addition to spreading rumors capable of
endangering the security of the Rwandan people -- a crime
punishable in Rwanda by up to 20 years' imprisonment.
Among the grounds cited by the court for its decision was his
successful defense before the ICTR of Aloys Ntabakuze, who was acquitted of planning and executing
genocide. The ICTR was created by the United Nations Security Council in 1994 to prosecute accused war
criminals from events in Rwanda in 1994. The tribunal’s spokesman, Roland Amoussouga, stated that,
“ICTR will not allow anyone to be prosecuted for the work that it has done for it.”1 More than 30 ICTR
defense lawyers have called on the tribunal to act on Erlinder’s behalf, saying it is impossible for them to
carry out their missions as zealous advocates for their clients when one of their own is jailed for his work.
The court also referred to articles, press releases and open letters to public officials he had written, calling
for a deeper examination of the events that happened in 1994 and Erlinder’s suggestion that there could be
a different narrative based on factual evidence. Finally, the court noted that Erlinder had filed a wrongful
death lawsuit filed against Rwanda’s president, Paul Kagame, in the Oklahoma federal court under the
Alien Tort Claims Act on behalf of Agathe Habyarimana, the widow of the former Rwandan president.
Erlinder was in the Rwandan capital, Kigali, to represent Victoire Ingabire, chairperson of the United
Democratic Forces political party. Ingabire, who is seeking to run against President Kagame in the 9
August presidential elections, herself has been charged with propagating genocide ideology and ethnic
divisionism.
Erlinder is a former president of the National Lawyers Guild, the first of many human rights and legal
organizations to rally to his defense. The Guild points out that his prosecution reflects more on Rwanda
than it does on Erlinder, saying that “a government that seeks to prevent lawyers from being vigorous
advocates for their clients cannot be trusted.”
The American Bar Association has urged the government of Rwanda to observe the U.N. Basic Principals
on the Role of Lawyers, which state that lawyers “shall not be identified with their clients or their client's
causes as a result of discharging their functions” and that “governments shall ensure that lawyers are able
to perform all of their functions without intimidation, hindrance, harassment or improper influence.”
These principals also provide that “lawyers like other citizens are entitled to freedom of expression, belief,
association and assembly.” Among others who have called for Erlinder’s release are the International
Association of Democratic Lawyers, the National Association of Criminal Defense Lawyers and Lawyers
Rights Watch Canada. Paul Rusesabagina, the real-life hero of Hotel Rwanda, has also strongly advocated
for Erlinder’s immediate release.
Find more information www.nlg.org/news/free-peter-erlinder and www.freepeternow.org.
Peter Erlinder, Professor of Law at William Mitchell College of Law in St. Paul, MN and lead defense
counsel at the International Criminal Tribunal for Rwanda (ICTR) was arrested in Kigali, Rwanda on May
28, 2010. On June 7, 2010, his application for bail was denied and
he remains in Kigali Central Prison.
Although no indictment has been issued, the bail decision indicates
that Erlinder will be charged under Rwanda’s law “Relating to
Punishment of the Crime of Genocide Ideology”1 for allegedly
denying genocide and addition to spreading rumors capable of
endangering the security of the Rwandan people -- a crime
punishable in Rwanda by up to 20 years' imprisonment.
Among the grounds cited by the court for its decision was his
successful defense before the ICTR of Aloys Ntabakuze, who was acquitted of planning and executing
genocide. The ICTR was created by the United Nations Security Council in 1994 to prosecute accused war
criminals from events in Rwanda in 1994. The tribunal’s spokesman, Roland Amoussouga, stated that,
“ICTR will not allow anyone to be prosecuted for the work that it has done for it.”1 More than 30 ICTR
defense lawyers have called on the tribunal to act on Erlinder’s behalf, saying it is impossible for them to
carry out their missions as zealous advocates for their clients when one of their own is jailed for his work.
The court also referred to articles, press releases and open letters to public officials he had written, calling
for a deeper examination of the events that happened in 1994 and Erlinder’s suggestion that there could be
a different narrative based on factual evidence. Finally, the court noted that Erlinder had filed a wrongful
death lawsuit filed against Rwanda’s president, Paul Kagame, in the Oklahoma federal court under the
Alien Tort Claims Act on behalf of Agathe Habyarimana, the widow of the former Rwandan president.
Erlinder was in the Rwandan capital, Kigali, to represent Victoire Ingabire, chairperson of the United
Democratic Forces political party. Ingabire, who is seeking to run against President Kagame in the 9
August presidential elections, herself has been charged with propagating genocide ideology and ethnic
divisionism.
Erlinder is a former president of the National Lawyers Guild, the first of many human rights and legal
organizations to rally to his defense. The Guild points out that his prosecution reflects more on Rwanda
than it does on Erlinder, saying that “a government that seeks to prevent lawyers from being vigorous
advocates for their clients cannot be trusted.”
The American Bar Association has urged the government of Rwanda to observe the U.N. Basic Principals
on the Role of Lawyers, which state that lawyers “shall not be identified with their clients or their client's
causes as a result of discharging their functions” and that “governments shall ensure that lawyers are able
to perform all of their functions without intimidation, hindrance, harassment or improper influence.”
These principals also provide that “lawyers like other citizens are entitled to freedom of expression, belief,
association and assembly.” Among others who have called for Erlinder’s release are the International
Association of Democratic Lawyers, the National Association of Criminal Defense Lawyers and Lawyers
Rights Watch Canada. Paul Rusesabagina, the real-life hero of Hotel Rwanda, has also strongly advocated
for Erlinder’s immediate release.
Find more information www.nlg.org/news/free-peter-erlinder and www.freepeternow.org.
Sunday, June 6, 2010
Rwanda charges US lawyer
A Rwandan judge has charged an American lawyer with denying Rwanda's 1994 genocide and publishing articles that threaten national stability.
Peter Erlinder, who is known for taking on controversial cases, pleaded not guilty at a five-hour hearing in a court in Kigali, the capital, on Friday.
"It is the first time I have come to know that my obscure publications back in America were that bad and could amount to genocide denial," Erlinder said at the hearing.
"I believed the country has grown democratically, but if I am detained and prosecuted, my case will confirm what is being said out there."
He indicated that the charges may have arisen due to misunderstanding or misinterpretation.
Genocide court
He could face up to 25 years in prison if convicted. The judge said that he will decide on Monday whether Erlinder will be granted bail.
Erlinder was arrested on May 28, several days after flying into Rwanda to defend Victoire Ingabire, a presidential candidate in the country's upcoming August 9 elections.
"It is the first time I have come to know that my obscure publications back in America ... could amount to genocide denial"
Peter Erlinder, US lawyer
Ingabire was arrested in April on charges of promoting genocide ideology, and later released on bail.
Erlinder is the head of a group of defence lawyers at the UN's International Criminal Tribunal for Rwanda (ICTR) that is trying suspected leaders of the 1994 genocide in which an estimated 800,000 people, mostly Tutsis and moderate Hutus, died.
He is defending a suspected genocide mastermind at the ICTR and has previously accused its prosecution of hiding the crimes committed by the Rwandan Patriotic Front, led by Paul Kagame, the incumbent president.
Kagame headed the group of mostly Tutsi fighters to defeat mostly Hutus fighters behind the slayings.
Hospitalisation
Erlinder has requested bail to return to the US and receive treatment for injuries.
He asserted that he had not been maltreated in prison but had also not had contact with another person including family members and his doctor.
He said that he would comply with any bail conditions.
On Tuesday, Erlinder was hospitalised after police said he had attempted suicide by taking dozens of pills. However, Erlinder's family has disputed the suicide attempt claim.
On Thursday, the US called for Erlinder to be released on compassionate and humanitarian grounds.
"We are pressing the Rwandan government to resolve this case quickly, and we would like to see him released on compassionate grounds," Philip Crowley, a state department spokesman, said.
Peter Erlinder, who is known for taking on controversial cases, pleaded not guilty at a five-hour hearing in a court in Kigali, the capital, on Friday.
"It is the first time I have come to know that my obscure publications back in America were that bad and could amount to genocide denial," Erlinder said at the hearing.
"I believed the country has grown democratically, but if I am detained and prosecuted, my case will confirm what is being said out there."
He indicated that the charges may have arisen due to misunderstanding or misinterpretation.
Genocide court
He could face up to 25 years in prison if convicted. The judge said that he will decide on Monday whether Erlinder will be granted bail.
Erlinder was arrested on May 28, several days after flying into Rwanda to defend Victoire Ingabire, a presidential candidate in the country's upcoming August 9 elections.
"It is the first time I have come to know that my obscure publications back in America ... could amount to genocide denial"
Peter Erlinder, US lawyer
Ingabire was arrested in April on charges of promoting genocide ideology, and later released on bail.
Erlinder is the head of a group of defence lawyers at the UN's International Criminal Tribunal for Rwanda (ICTR) that is trying suspected leaders of the 1994 genocide in which an estimated 800,000 people, mostly Tutsis and moderate Hutus, died.
He is defending a suspected genocide mastermind at the ICTR and has previously accused its prosecution of hiding the crimes committed by the Rwandan Patriotic Front, led by Paul Kagame, the incumbent president.
Kagame headed the group of mostly Tutsi fighters to defeat mostly Hutus fighters behind the slayings.
Hospitalisation
Erlinder has requested bail to return to the US and receive treatment for injuries.
He asserted that he had not been maltreated in prison but had also not had contact with another person including family members and his doctor.
He said that he would comply with any bail conditions.
On Tuesday, Erlinder was hospitalised after police said he had attempted suicide by taking dozens of pills. However, Erlinder's family has disputed the suicide attempt claim.
On Thursday, the US called for Erlinder to be released on compassionate and humanitarian grounds.
"We are pressing the Rwandan government to resolve this case quickly, and we would like to see him released on compassionate grounds," Philip Crowley, a state department spokesman, said.
Niger Delta: an Exxon Valdez every year for 50 years
Submitted by WW4 Report
From a June 4 op-ed in the International Herald Tribune by Anene Ejikeme, "The Oil Spills We Don't Hear About":
Experts estimate that some 13 million barrels of oil have been spilt in the Niger Delta since oil exploration began in 1958. This is the equivalent of one Exxon Valdez every year for 50 years.
Although the Obama administration has come under much criticism for not responding quickly enough, nor adequately, to the BP oil spill, there is no denying that top government officials, including the president himself, have felt compelled to speak about the spill and to insist that BP will be held accountable.
How differently things play out in Nigeria. Not only does the Nigerian government usually not bother to issue statements, it never feels compelled to decry such spills.
Even more striking, perhaps, is the very different ways in which the international media deals with oil spills. Of course, it is entirely appropriate that the U.S. media have been giving constant coverage to the BP Gulf spill.
But it is not just the U.S. media that have been covering the Gulf disaster with great dedication... I would be willing to bet that even residents of the smallest Nigerian villages have heard about the Gulf oil spill. By contrast, I know few people in the United States who have heard about the oil spills in the Niger Delta. Yet Nigeria is among the top five suppliers of oil to the U.S.
The Niger Delta, which is home to more than 30 million people and is considered one of the world’s most important ecosystems, produces almost all of Nigeria's foreign exchange earnings.
Dead fish and oily water are part of daily life for Niger Delta residents, as are gas flares... There is a law against gas flaring in Nigeria, but it continues to be widely breached.
Oil companies operate in Nigeria with little or no oversight from the government. It must be noted that the government has part ownership in the subsidiaries of all the oil multinationals which operate in Nigeria.
A year ago, Amnesty International published a report, “Petroleum, Pollution and Poverty in the Niger Delta.” The report focused on Royal Dutch Shell because Shell is by far the largest operator in the Delta. According to the Oil Spill Intelligence Report, a 10-year study commissioned by Greenpeace, although Shell operates in more than 100 countries, 40 percent of all its oil spills happen in Nigeria.
From a June 4 op-ed in the International Herald Tribune by Anene Ejikeme, "The Oil Spills We Don't Hear About":
Experts estimate that some 13 million barrels of oil have been spilt in the Niger Delta since oil exploration began in 1958. This is the equivalent of one Exxon Valdez every year for 50 years.
Although the Obama administration has come under much criticism for not responding quickly enough, nor adequately, to the BP oil spill, there is no denying that top government officials, including the president himself, have felt compelled to speak about the spill and to insist that BP will be held accountable.
How differently things play out in Nigeria. Not only does the Nigerian government usually not bother to issue statements, it never feels compelled to decry such spills.
Even more striking, perhaps, is the very different ways in which the international media deals with oil spills. Of course, it is entirely appropriate that the U.S. media have been giving constant coverage to the BP Gulf spill.
But it is not just the U.S. media that have been covering the Gulf disaster with great dedication... I would be willing to bet that even residents of the smallest Nigerian villages have heard about the Gulf oil spill. By contrast, I know few people in the United States who have heard about the oil spills in the Niger Delta. Yet Nigeria is among the top five suppliers of oil to the U.S.
The Niger Delta, which is home to more than 30 million people and is considered one of the world’s most important ecosystems, produces almost all of Nigeria's foreign exchange earnings.
Dead fish and oily water are part of daily life for Niger Delta residents, as are gas flares... There is a law against gas flaring in Nigeria, but it continues to be widely breached.
Oil companies operate in Nigeria with little or no oversight from the government. It must be noted that the government has part ownership in the subsidiaries of all the oil multinationals which operate in Nigeria.
A year ago, Amnesty International published a report, “Petroleum, Pollution and Poverty in the Niger Delta.” The report focused on Royal Dutch Shell because Shell is by far the largest operator in the Delta. According to the Oil Spill Intelligence Report, a 10-year study commissioned by Greenpeace, although Shell operates in more than 100 countries, 40 percent of all its oil spills happen in Nigeria.
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