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?"

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."

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.

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.

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

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.

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.

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

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.

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.

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.

Wednesday, June 2, 2010

Deaths in Mogadishu attack

Somalia's al-Shabab, the armed anti-government group, has attacked the presidential palace in Mogadishu, leaving at least 14 civilians dead, officials and witnesses say.

Government forces backed by African Union troops retaliated on Saturday against the fighters, whose attack came as Sharif Sheikh Ahmed, the Somali president, was attending a conference in Turkey.


Al-Shabab, which has been fighting to topple Somalia's government, launched its main attack on the northern Shibis and Bondhere neighbourhoods of the seaside capital late on Saturday.

After a brief lull, the battle resumed at dawn on Sunday.

"The number of civilians killed during the clashes overnight has reached 11 and it could be higher, because the violent militants using mortars attacked several other positions in southern Mogadishu this morning," Mohamed Ali Idle, a Somali government security official, told the AFP news agency.

'Heavy fighting'

The victims included five members of the same family who were killed when a mortar shell struck their home, several witnesses told AFP.

"The fighting was very heavy here in Bondhere and Shibis. Many people died and I saw five family members who were killed when a mortar round struck their house. Several others were also injured," Abdirahman Ise, a local resident, said.

"I'm also hearing that several other civilians were killed in the crossfire in the neighbourhood. Unfortunately the fighting continued and there was no transport to collect the wounded overnight."

At least three other civilians were killed and 25 wounded as a result of an exchange of mortar fire in the southern neighbourhoods of Holwadag and Black Sea, Ali Muse, head of Mogadishu's ambulance services, told AFP.

Al-Shabab's offensive began when its units moved down from their stronghold towards Kilometre Zero, a strategic crossroads leading towards the port and the presidential compound, according to witnesses and officials.

Major Ba-Hoku Barigye, a spokesman for the African Union Mission in Somalia (Amisom), said al-Shabab's progress required immediate action.

"People need to understand what our mandate is; We are here to protect the transitional federal institutions of Somalia and we also have red lines. If our forces are endangered, they have the right to protect themselves," he said.

Hundreds of civilians have died this year as a result of both al-Shabab attacks and retaliatory fire by Amisom or government forces.

Thousands have been killed in such incidents over the past three years and hundreds of thousands have been forced out of the city into crowded camps.

Al-Shabab controls most of southern and central Somalia, but it has failed to reach the well-protected presidential compound and topple Ahmed.

The US state department says al-Shabab has links to al-Qaeda.

Success claimed

Sheikh Ali Mohamoud Rage, the group's senior spokesman, claimed on Sunday that its fighters had killed dozens of government forces.

"Our fighters attacked several positions controlled by the apostate government soldiers. We killed dozens of them and took control of their barracks overnight," he said.

Ahmed was elected in January 2009 but has since failed to assert his authority and to prevent the expansion of al-Shabab.

He is also facing dissent within his own government.

He is currently in Istanbul for an international conference aimed at bolstering support for his transitional institutions and drafting a road map to peace.

On the opening day of the conference on Saturday, Ban Ki-moon, the UN secretary-general, told delegates from 55 nations and 12 international organisations that "the only way to restore stability is to support this government in its reconciliation effort and its fight against extremism."

"If the international community acts now, I think it can make the difference," he said.

Somalia has had no effective government for 19 years and Western nations and neighbours say the country is used as a shelter by fighters planning attacks in East Africa and further afield.

France backs Africa for UN seat

The French president has said Africa should be represented on the UN Security Council, promising to back changes when France leads the G8 and G20 groups of big economies next year.

Speaking on Monday at the launch of the 25th Africa-France summit in the French city of Nice, Nicolas Sarkozy said it was time for the world to make a place for Africa on the global stage to discuss international crises and overhaul.

"I am convinced that we can't talk about big global questions without Africa any longer," Sarkozy told about 800 delegates from 40 African states.

He said it was "not normal" that no African country had a permanent seat on the Security Council.

African nations have been asking for two rotating permanent seats with veto power as well as more non-permanent seats since 2005, given the continent has about 27 per cent of members at the UN, its size and the involvement of global powers on its territory.

France is pushing for a change proposed previously with the UK whereby non-permanent membership on the Security Council would be raised to 10 years instead of two now, without the right of veto, a French diplomatic source said.

China, the US, Russia, Britain and France are the permanent members of the Security Council.

Nigeria, Gabon and Uganda are among 10 members that hold rotating seats.

'Summit of renewal'

The Nice gathering has been touted as a "summit of renewal" and Sarkozy stressed that France needed to look to the future instead of "perpetuating the illusion of an outdated role".

This Africa-France summit is Sarkozy's first since taking office in 2007 and reflects France's shift away from its traditional West African allies towards engagement with the continent as a whole.

France is seeking to use the two-day gathering as a springboard for business deals.

"Africa is our future and will be a principle reservoir for world economic growth in the decades to come," Sarkozy said.

Alain Joyandet, France's development minister, said it would be "the summit of renewal, a sort of launch of a new era".

Breaking away from tradition, France has invited nearly 200 business leaders from France and Africa to this year's summit including heads of big French companies such as energy giant Total and nuclear firm Areva.

The push on the economic front comes as France has taken a back seat to China, Africa's biggest trade partner, which has injected billions over the past decade to tap into raw materials needed to fuel its hungry economy.