Vanessa Tchatchou: Illegally separated from baby in Cameroon

As Cameroonian youths celebrate Youth Day on 11 February 2012, it is of utmost importance to highlight that one of their own, Vanessa Tchatchou - a teen mom whose baby was reportedly stolen after birth in a hospital in the nation's capital - is yet to know the whereabouts of her baby and continues to struggle for justice. The authorities must fully investigate the disappearance and bring anyone responsible to book.

According to news reports, 17-year-old Vanessa Tchatchou successfully gave birth to a baby girl on 20 August 2011 at the Gynaeco-Obsteric and Paediatric Hospital in Ngoussou, Yaounde. The baby disappeared from an incubator in the hospital after birth and her whereabouts remain unknown almost 6 months after she disappeared. [Source].

Vanessa Tchatchou launched a sit-in in the hospital since the disappearance and is demanding answers.

"L'affaire Vanessa" - as the case is widely referred to in Cameroonian circles - has grabbed headlines in Cameroon and sparked public outrage and protests in the nation's capital - with many people calling for an investigation into the matter and the return of the baby.

Political opposition leaders have condemned the "indifference" of the authorities to the plight of the teen mom.

From a human rights standard point, "l'affaire Vanessa" is covered by the UN Convention on the Rights of the Child (CRC) to which Cameroon is a party. The rights of both victims in the case - Vanessa and her missing baby - are laid down in the convention.

Article 9 of the CRC, for instance, requires States Parties to ensure that a child shall not be separated from his or her parents against their will.

Article 16(1 ) states that no child shall be subjected to unlawful interference with her family.

Article 16(2) stipulates the child's right to protection of law against such interference.

Although there is no evidence to suggest that the state is directly responsible for the disappearance of the newborn, the state has a legal obligation to protect the victims and uphold their rights.

Any action taken by the state in this case should be in the "best interest" of Vanessa and the missing baby. It is absolutely in the best interest of the missing child to be reunited with her mother.

The authorities must undertake a full and impartial investigation into the disappearance and bring those responsible to justice. The state must ensure that Vanessa has full access to judicial, health and social welfare services during this trying period.

The right to free expression and association of protesters standing in solidarity with Vanessa Tchatchou must also be guaranteed. It is worth mentioning that a number of supporters were reportedly arrested on 9 February 2012. [Source].

In his message to the youths on 11 February 2009, President Paul Biya of Cameroon said that 11 February "has been chosen by government for reflection and sustained efforts to nurture responsibly, and meet the needs of the country's youths." [Source]. Cameroonian youths need justice and protection of the law.

*Photo: Yahoo Groups.

Share

Tweet

Norway: School groups students based on race

Racism has to do with treating, perceiving or differentiating people based on race, color, descent, nationality or ethnicity. It is commonly associated with other illegalities, such as discrimination, xenophobia, killings, segregation, just to name a few. Racism is a social ill that is internationally condemned and outlawed in many countries. On the international stage, governments are obligated under international law to eliminate racism and racial discrimination in all its forms. Norway is one of the many states with a legal obligation to eliminate racism and racial discrimination within its borders. Despite Norway's obligation, a school in the Scandinavian country reportedly groups students based on race.

According to The Local, ethnicity determined where students sat in one Norwegian high school. This has been the practice in the school until the principal was ordered to "re-do the arrangement" after the school became popular for the wrong reason.

As you would expect, the school attempted to justify this glaring case of institutionalized racism.

The Local reports that teachers said their grouping was due to the "flight" (running away) of "ethnic Norwegian" students to other schools.

This is of course a deeply flawed excuse.

It is the responsibility of schools in Norway to teach and encourage so-called ethnic Norwegian students to study in communion with children from other backgrounds. Schools should not facilitate racial segregation.

Norwegian parents on their part should prepare their children for a globalized world where civilized people work together, irrespective of race, color or ethnicity. Moving children to "white" schools makes them unprepared to face the realities of life.

Norway ratified the International Convention on the Elimination of All Forms of Racial Discrimination on 6 August 1970. This landmark convention defines racial discrimination as "any distinction, exclusion, restriction, or preference based on race, colour, descent, or nationality, or ethnic origin..."

It remains unclear whether the school in question made any "exclusion, restriction, or preference". Also unclear is the purpose of the grouping. The school clearly made a "distinction" based on race, colour, descent, nationality or ethnic origin.

Segregation could have damaging psychological and social effects on kids in minority groups.

The good news is that the school is to stop grouping students based on race [Source].

The grouping of students based on race should not have happened in the first place.

UPDATE - 29.11.2011: The school in question has been identified by Mail Online as Bjerke Upper Secondary School (Bjerke videregående skole) in Oslo, Norway.

Share

Tweet

Libya: Asylum for Saadi Gaddafi by Niger points to a broken Rule of Law

First Published in: Dunia Magazine



Saadi Gaddafi, third son of Colonel Muammar Gaddafi, the ousted and slained long-time leader of Libya, has reportedly been granted asylum on "humanitarian grounds" by one of Libya's neighbors - the Republic of Niger, a landlocked country in west Africa. Although one of the poorest countries in the world, Niger seems to know something about human rights and the international law principle of not returning asylum seekers to countries where they might be persecuted, tortured or killed. The country's decision to grant Saadi asylum points to a broken rule of law in a "liberated" Libya.

When opposition forces, backed by NATO, stormed Tripoli during the historic 2011 pro-democracy uprising, Muammar Gaddafi, members of his family and his close associates reportedly fled the city that fell without much resistance. As pressure mounted on the 42-year-old regime, some members of the Gaddafi family fled across Libya's borders into neighboring countries.

Some Gaddafis, including Aisha, the only daughter of the Muammar Gaddafi and his wife, fled to Algeria. Saadi Gaddafi, a businessman, former professional soccer player and third son of Muammar Gaddafi fled south to Niger.

The authorities in Niger decided to grant Saadi asylum - less than a month after his father and brother were illegally killed by opposition fighters in Sirte. (It is worthy to remember that the murdered Gaddafis were treated with dishonor even in death, as their bloodied bodies were displayed like trophies for a couple of days, in a meat store in Misrata - in violation of Islamic norms).

Saadi is wanted in Libya for alleged crimes committed during the infamous rule of his father, but it is unclear how he would be treated upon return to answer the charges. The world witnessed the treatment received by two members of his family last month, in the hands of opposition fighters.

States are expected to cooperate with each other to bring perpetrators of crimes to justice. In this vein, it is true that Niger was expected to cooperate with the National Transitional Council (NTC) of Libya - by returning Saadi to face justice for alleged crimes during the Gaddafi era.

However, events in Sirte, Libya, on 20 October 2011, following the capture of Muammar Gaddafi, put the spot light on a broken rule of law in Libya and the NTC's inability and/or unwillingness to guarantee safety and humane treatment of wanted Gaddafi children and Gaddafi supporters in post-Gaddafi Libya.

Disturbing images of the operation that ended an era in Libya, shocked human rights groups, rights advocates and several people across the world... including those with only an iota of respect for human life. Raw video footage from the scene revealed that Gaddafi was captured alive, beaten by an angry mob and killed without due process. Autopsy results later revealed that Gaddafi died as a result of a single gunshot to the head. It remains unclear who pulled the trigger. Even more disturbing is the fact that many Libyans are not interested in calls for the killer to be brought to justice for acting outside the law.

One of Muammar Gaddafi's sons, Muatassim Gaddafi, captured on the same day, was also killed in the custody of opposition forces.

According to human rights groups, many supporters of Gaddafi and black Africans accused of supporting the infamous regime faced persecution, torture and summary killings by anti-Gaddafi forces. The perpetrators of atrocious crimes committed against supporters and perceived supporters of Muammar Gaddafi walk free in a liberated Libya, yet there are loud calls for Gaddafi loyalists to face justice. This double standard undermines "national unity" what justice is all about.

Drawing from events that led to the death of Muammar Gaddafi, it is reasonable to conclude that if returned to Libya as requested by the NTC, Saadi Gaddafi could face "vigilante justice" like his father, brother and other supporters of the deposed regime.

International human rights law demands that individuals seeking asylum with "well-grounded" fear of persecution, torture or any other form of degrading treatment in their country of origin should not be returned. This law protects every asylum seeker, including children of the most ruthless dictators.

Every individual has the right to equal protection of the law.

After watching the gruesome treatment of his father and brother in Sirte on 20 October 2011, Saadi Gaddafi has "well-founded" fears to return home and is entitled to protection by Niger.

Asylum for Saadi on "humanitarian grounds" is therefore in the interest of human rights and in line with international law.

The killing of Muammar Gaddafi did not represent justice and the rule of law. It would have been great to see Gaddafi face his victims in a court of law.

The NTC should focus of building a legal system that works. Investigation and trial of those responsible for the unlawful killing of Muammar Gaddafi and Muatassim Gaddafi is a good place to start. Other crimes, well-documented by organizations like Human Rights Watch (HRW), committed during the 8-month-long conflict, by forces loyal to Gaddafi and anti-Gaddafi fighters should also be impartially investigated. Perpetrators from both sides should bear the full weight of the law. Failure to show that a liberated Libya respects the rule of law would lead to asylum for many more individuals wanted for crimes committed during the dark years of the Gaddafi regime.

Share

Tweet

Ugly face of racism at bus stop in Finland

A lot has been said and written about racism in Finland, a social ill boosted by anti-immigration sentiments and what far-right populists have termed the "Islamization" of Europe. Speaking on the 50th anniversary of Amnesty International, a renown human rights organization, the president of Finland acknowledged the rise of racism and xenophobia in the Nordic country. This presidential statement came after a member of parliament used racist and derogatory language on his first day in parliament against Muslims and immigrants of African descent. Racism in Finland shows its face in many ways, including racist graffiti in public places and through what could be termed "drive-by racism" - a form of racial harassment in which racial slurs are shouted from a moving vehicle. More recently, the ugly face of racism was seen at a bus stop around Hertoniemi, Helsinki, Finland.

Someone of questionable moral standing used what appears to be a sharp object to write a hateful and racist message on the glass at a bus stop. The disturbing message is there for everyone using the bus stop to see. It reads:

"All N*****s Must Die."

It is worth mentioning that "N*****" stands for what is commonly known as the N-word. The word is spelled out in full on the bus stop. It is not legible in photographs but if you stand at the bus stop (pictured) you cannot miss it.

The disturbing message is accompanied by a hastily drawn swastika - symbol of the Nazi Party of Germany.

The ugly face of racism at this bus stop speaks volumes about the current state of affairs in Finland. Such a message in a public place undermines the reputation of Finland as a free, civilized, tolerant and democratic country.

The hateful message is very disturbing; even more disturbing is the fact that no one seems to be alarmed by such a message at a bus stop that is used daily by many people, including immigrants studying in a nearby adult learning centre (Edupoli).

The message was first seen at the bus stop more than a month ago. At the time of this writing, it has not been removed.

Racism in Finland and its devastating impact on people of African descent and immigrants from other parts of the world is further compounded by reports that some law enforcement officers in the country said racist harassment should not be reported to the police. A police officer from Pieksämäki reportedly told Migrant Tales that victims of racist harassment should "just walk away."

This goes to show that racists and those who harass individuals because of skin color, nationality, religion or ethnicity have been given a blank check by law enforcement.

Law enforcement in Finland should take racially motivated crimes, including harassment in public places, more seriously. Ordinary people of goodwill on their part should speak out against racism and stand with victims wherever this social ill shows its ugly face. Simply looking the other way emboldens aggressors.

The authorities have a responsibility to remove racist and hateful messages from public places, including bus stops, and perhaps run educational programs and campaigns to educate the public about the ills of racism and hate.

Share

Tweet

Troy Davis scheduled to be killed

On 7 September, Amnesty International, a human right organization, sent an email alert to supporters about the scheduled killing of Troy Davis by the state of Georgia. According to the email, Troy Davis is scheduled to be killed on 21 September 2011, just 11 days from today.

Troy Anthony Davis was convicted for the murder of a police officer in Savannah, Georgia, USA. He was sentenced to death and has been on death row since 1991.

Seven out of the nine main eyewitnesses who testified during the trial of Davis and linked him to the killing have recanted their testimonies, and the convict has maintained that he is innocent. Some of the witnesses said they were coerced by the police to testify against Davis. The murder weapon has never been found and there is no physical evidence linking Troy Davis to the murder. Even some jurors who convicted Davis have expressed concern about the looming execution. [Source].

Despite the many questions surrounding his guilt, the state of Georgia has scheduled the execution of Troy Davis. His guilt has not been proven "beyond reasonable doubt."

An innocent man could be executed on 21 September 2011.

Amnesty International is running a campaign to stop the execution of Troy Davis. The organization is asking rights supporters to sign a petition opposing the death penalty for Troy Davis because doubts about his guilt have not been cleared.

Many prominent individuals, including former US President Jimmy Carter and civil rights activist Al Sharpton oppose the killing of Troy Davis because "the doubts about the Davis case have not been resolved..." and "Georgia might execute an innocent man..."

Photo source.

You are encouraged to sign the petition. Do not let Georgia kill Troy Davis.

Troy's story evokes memories of the fictional case of Donte Drumm, a prisoner sentenced to death in John Grisham's book - The Confession.

Facts About Capital Punishment published by Amnesty International reveal that capital punishment is deeply flawed and more than 130 people have been released from death rows in the US due to wrongful convictions.

"I cannot support a system which, in its administration, has proven so fraught with error and has come so close to the ultimate nightmare, the state's taking of innocent life... Until I can be sure that everyone sentenced to death in Illinois is truly guilty, until I can be sure with moral certainty that no innocent man or woman is facing a lethal injection, no one will meet that fate." 

[George Ryan, 39th Governor of Illinois].

Share

Tweet

Hosni Mubarak in a Cage: A Symbolic day for Oppressors and the Oppressed

First Published in: Dunia Magazine

On 3 August 2011, Egyptians and the world watched in shock as Hosni Mubarak, the man who had ruled Egypt with an iron fist for almost 30 years, was wheeled into a Cairo, Egypt courtroom in a cage serving as a dock, to stand trial for crimes allegedly committed during his repressive reign. To most Egyptians and victims of oppression worldwide, this was a symbolic day; and one will remain edged in the minds of dictators and oppressors in Africa and the Middle East.

It is known that Hosni Mubarak ruled Egypt for almost 30 years and was kicked out of office after the historic 18-day popular uprising that started when on 25 January 2011, Egyptians from all walks of life – Christians and Muslims, men, women and children – took to the streets of this beautiful and historic country, from Cairo to Alexandria, and other parts of the Land of the Pharaohs, demanding an end to ”emergency rule” and of 30 years of oppression. The 18 days, millions of protesters braved water cannons, tear gas and live bullets; hundreds lost their lives and thousands more sustained injuries from clashes with security agents, but these ultimately culminated in the ouster of Hosni Mubarak.

Grappling at Straws

In a desperate bid to stop the protests, Hosni Mubarak had dismissed his cabinet, appointed a Vice President and a new Prime Minister, and asked the Prime Minister to form a new government.

This was Mubarak’s idea of ”political reform”; dismissed by the people who recognized them to be the cosmetic changes they really were. It became clear Egyptians were not going to settle for anything order than an end to the almost three decades of Mubarak rule, a democratic Egypt and justice for victims of 30 years of repression.

Faced with mounting pressure and no signs of protesters throwing in the towel, Mubarak unexpectedly resigned on 11 February 2011. Mubarak’s resignation was, no doubt, historic, and welcomed by millions of Egyptians, but this did not get him off the hook.

Demonstrators continued to pressure the ruling Supreme Council of the Armed Forces, in charge of facilitating Egypt’s transition to democracy, to bring the former president to justice for crimes committed during his time in office.

The Wheels of Justice

In May 2011, Hosni Mubarak was charged for corruption and ordering the killings of peaceful pro-democracy demonstrators during the mass protests that culminated in his ouster.

Despite these strides, many in Egypt and abroad remained skeptical and never thought the strongman would ever be brought to trial.

On 3 August, the world was overwhelmed and shocked as they watched Mubarak wheeled into court on a hospital bed to plead ”guilty” or ”not guilty” to the charges brought against him. On this day, Egyptians on social networking sites made no secret of their feelings.

On Twitter, an Egyptian woman wrote:

"I’m in shock. #Mubaraktrial started. #Mubarak & sons in courtroom, as well as ex-minister of interior.”

Another Egyptian tweeted:

”… #MubarakTrial officially started. And I might start crying any minute now. Long live #jan25.”

Many never thought this day would come.

Power by the People

Hosni Mubarak in the dock, after 30 years in the highest office in the land, is a grim reminder to dictators around the world that power comes from the people and those who abuse power will one day have their day in court. The brave people of Egypt have shown to the world especially those living in oppression that it is possible to peacefully demand the removal of oppressors and drag them to court for crimes committed while in office. Circumstances might be different in other countries, but there is one major similarity: the government’s power comes from the people.

Hosni Mubarak is innocent of all charges until proven guilty. If found guilty, the strongman could be slapped with the highest penalty in the land – death.

Regardless of the outcome of the Mubarak trial, 3 August 2011 has gone down in history as a fairly good day for the rule of law in Egypt. The image of ”almighty” Mubarak in a cage will forever revolutionalize the way Egyptians in power do business. Believe it or not.

A quick and fair trial of Mubarak and his cronies is what is needed to put Egypt on the path to peace and stability.

Share

Tweet

Misguided call to reinstate death penalty in the UK

There are calls for the death penalty to be reinstated in the United Kingdom (UK) amid concerns of a spike in crimes considered "so heinous that only the ultimate penalty is sufficient." There are genuine worries about increasing rising crime wave in the country and proponents of the death penalty have argued that the criminal justice system has so far failed to deter perpetrators of violent crimes and to protect the public from such crimes. Hence a campaign has been launched to reinstate the death penalty so as to get rid of offenders who kill police officers and babies. No doubt, crime is unacceptable and perpetrators must bear the full weight of the law. However, a call to reinstate the death penalty in a bid to fight crime is misguided and undermines the same human dignity that the justice system is designed to uphold and protect.

The right to life is an inalienable right protected in the Universal Declaration of Human Rightss (UDHR) and all key human rights standards ratified by the UK, including the European Convention of Human Rights (ECHR), International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman and Degrading Forms of Punishment (CAT).

It is worth highlighting that the right to life is "non-derogable" as per Article 4(2) of the ICCPR, ratified by the UK in May 1976. This means the inherent right to life must be respected by the state under all circumstances - even in a "time of emergency which threatens the life of the nation..."

The right to life ranks right up there with other non-derogable rights, including the following.

• Freedom from torture or cruel, inhuman or degrading treatment or punishment.
• Freedom from slavery and servitude.
• Freedom from imprisonment due to inability to fulfill a contractual obligation.
• The right to be recognized as a person before the law.
• Freedom of thought, conscience and religion.

The UK abolished capital punishment in 1969 (source: France 24) and has a legal obligation under duly ratified international covenants not to deprive any individual of the right to life.

Protocol No. 13 to the ECHR expressly prohibits the death penalty in "all circumstances" and asserts that "the abolition of the death penalty is essential for... the full recognition of the inherent dignity of all human beings." Article 1 of the Protocol states: "The death penalty shall be abolished. No one shall be condemned to such penalty or executed."

It is true that the death penalty undermines human dignity. Calls to bring back the death penalty in the UK are misguided and do no provide real solutions to violent crimes. Countries that still have the death penalty in legislation have no shortage of heinous crimes that proponents of the death penalty in the UK mistakenly think capital punishment would deter.

State-sponsored killing is no solution to crime. A reinstatement of the death penalty in the UK, more than 40 years after it was abolished, would be a move backwards.

Photo: guardian.co.uk.

Share

Tweet

Arrest warrant for Charles Ble Goude

You would remember that during the post-election standoff between Laurent Gbagbo and Alassane Ouattara of Ivory Coast, it was reported that Charles Ble Goude, Youth Minister under now ousted and humiliated President Laurent Gbagbo, was inciting violence against opposition supporters and foreigners. Ivory Coast has now issued an arrest warrant for the runaway "street General."

On 25 February 2011, Charles Ble Goude, urged young Gbagbo supporters to "join the army", "denounce" foreigners and "liberate" the nation.

His call for "real" Ivorians to attack foreigners led to a spike in violence against foreigners in Ivory Coast. Foreigners from other African countries including Nigeria, Niger, Mali and Bukina Faso were attacked by pro-Gbagbo youths and some were beaten to death or burned alive.

It is worth highlighting that these deathly attacks came after Charles Ble Goude, publicly urged Ivorian youths to "denounce" foreigners. The crimes committed by Gbagbo youths under the influence of Goude, according to Human Rights Watch, amount to crimes against humanity.

In March, thousands of youths reportedly responded to Goude's call to join the army and gathered at a military base in Abidjan to take up arms against opposition supporters.

A Public Prosecutor in Ivory Coast issued an international arrest warrant for Charles Ble Goude on 1 July 2011.

Ble Goude is wanted for inciting hatred, ethnic violence and xenophobia. [Source]. The former Youth Minister reportedly fled the country following the fall of his boss, Laurent Gbagbo.

Incitement of violence is unacceptable and perpetrators should face justice for crimes committed. The issuance of an arrest warrant for Charles Ble Goude is welcomed, but it is only a step towards justice. Concrete steps should be taken to bring Goude to book for his role in the recent post-election violence which claimed many innocent lives in Ivory Coast.

According to Reuters, Goude is believed to be hiding in Ghana.

There should be international cooperation to bring the militant youth leader justice.

Share

Tweet

"The Confession" by John GRISHAM

First Published in: Dunia Magazine

”An innocent man is about to be executed. Only a guilty man can save him.” These are the words of John Grisham, in his book: The Confession.

Many works of fiction fail to capture my imagination, but a legal thriller, my favorite book genre, always does. This explains why books by John Grisham, a former practicing criminal lawyer, always beacon on book shelves. The Confession is the acclaimed writer’s most recent book - as of the time of writing this review.

Title: The Confession

Author: John Grisham

Publication Date: 26 October 2010 (First Edition)

ISBN: 978-0-385-52804-7

Publisher: Doubleday

The Confession, a work of fiction, tells the story of a broken legal system in a small town in East Texas, United States. It is the story of a young African-American male college football (not soccer) player arrested and convicted of murder in 1999. The  innocent man is found guilty and sentenced to death for a crime he did not commit. For his defense attorney, family and anti-death penalty groups, it is a race against time to save his life.

Three days before the execution of the innocent man, a career criminal shows up and claims responsibility for the murder.

Would the authorities welcome this new twist in this sensitive case and admit their mistake?

Would the authorities admit that they have imprisoned an innocent man for nine long years pending execution?

More importantly, would a stay of execution be ordered?

The execution is planned for 6pm on a Thursday and the deadline to file an appeal to stop the killing machine is at 5pm – when the doors of the office of the Chief Justice close for the day. At 4:45pm on that fateful day, the defense team, armed with a new petition and sworn affidavit, sets out for the office of the Chief Justice to file a last minute appeal. Of course, this move by the defense team showcases legal representation at its best! But would ”last minute Hail Marys” save an innocent man from a powerful state-sponsored killing machine?

After reading this thriller, I have the answers to all the above questions, but you would have to find out the answers yourself by reading the book.

I like the fact that the author clearly shows the demerits of the death penalty - a form of punishment which I’m ideologically against. The author also portrays the innocent convict’s defense lawyer as a fighter who stands shoulder to shoulder with his client till the last minute, and refuses to give up hope even in the face of what appears to be an ”impossible mission.”

Some critics have argued that the story ”lacks realism.” I disagree.

The Confession captures the reality of wrongful convictions in the United States and beyond. I found myself unable to put the book down once I started reading.

Like me, you can purchase the book from amazon.com. 

Share

Tweet

Pauline Nyiramasuhuko: First woman convicted of genocide

Normally, when women break the "glass ceiling," the world celebrates. However, when a woman breaks a wrong glass ceiling, there is no reason to celebrate. This is the case with Pauline Nyiramasuhuko - who has broken a wrong glass ceiling and gone down in history as the first woman to be charged (and convicted) of genocide.

On 24 June 2011, 65-year-old Pauline Nyiramasuhuko, Rwanda's former Minister of Family and Women Development, was convicted and sentenced to life imprison by the United Nations International Criminal Tribunal  for Rwanda (ICTR). She was arrested in July 1997 for her role in perpetuating the 1994 Rwandan genocide which claimed 800,000 Rwandan lives. She was accused of ordering and assisting massacres and rapes in Butare, southern Rwanda.

Pauline Nyiramasuhuko first appeared in court for the "Butare case" in 2001. The trial dragged on for 10 years before the court sentenced the ex-Minister to life imprison for "conspiracy to commit genocide, genocide, crimes against humanity (extermination, rape and persecution), and serious violations of article 3 of the Geneva Conventions and of additional Protocol II..". [Source]

According to a summary of the judgement in the case of The Prosecutor v. Nyiramasuhuko et al., the court found that:

"Nyiramasuhuko entered into an agreement with members of the Interim Government on or after 9 April 1994 to kill Tutsis... with the intent to destroy in whole or in part the Tutsi ethnic group. She conspired with the Interim Government to commit genocide against Tutsis..."

The 18-paged summary of judgement and sentencing reveals "horrific events" - including rapes, abduction, beatings and killings of Tutsis - in Butare, perpetrated by Pauline and other interim government officials.

The Trial Chamber sentenced Pauline Nyiramasuhuko and her 41-year-old son Arsène Shalom Ntahobali to life imprisonment for their role during the genocide.

Four other accused, namely: Silvia Nsabimana, Alphonse Nteziryayo, Joseph Kanyabashi and Elie Ndayambaje were sentenced to 25 years' imprisonment, 30 years' imprisonment, 35 years' imprisonment and life imprisonment, respectively.

During the trial, a total of 189 witnesses were presented and about 13,000 pages of documents.

The long trial and eventual sentencing of Pauline Nyiramasuhuko et al. sends a clear message to perpetrators of heinous crimes that they would have their day in court.

*Photo of Pauline Nyiramasuhuko. [Source].

Share

Tweet

Ratko Mladic extradition sends message to international law skeptics

Two days ago, I explained why all Serbians should welcome the arrest of Ratko Mladic and support his extradition to face justice. On 31 May 2011, the infamous former General of the Bosnian Serb Army was extradited to The Hague for his role in the massacre of more than 8,000 Bosniaks during the 1992-1995 Bosnian War. This extradition is "a milestone for international justice" and sends a message to international law skeptics.

It is no secret that the international justice system is regarded by many Africans as a tool designed to target African leaders. A growing number of international justice skeptics often argue that individuals charged for genocide, war crimes, crimes against humanity and other heinous crimes are predominantly Africans.

Former President of Liberia, Charles Taylor, is currently facing justice in The Hague before the Special Court for Sierra Leone (SCSL) for his role in the Sierra Leone Civil War.

The President of Sudan, Omar al-Bashir, is currently wanted by the International Criminal Court (ICC) on charges of crimes committed in Darfur.

Six Kenyans, dubbed the "Ocampo Six" were indicted by the ICC for allegedly perpetuating violence against civilians during the 2007-2008 post-election violence that claimed more than 1,300 lives in Kenya.

The ICC has also issued arrest warrants for other Africans in the Democratic Republic of Congo (DRC), including Thomas Lubanga Dyilo and Bosco Ntaganda.

More recently, the Prosecutor of the ICC applied for three arrest warrants for Colonel Gaddafi, his brother-in-law and son for their role in widespread violence against pro-democracy demonstrators in Libya.

Many skeptics have wondered why there has never been a concerted effort to try George W. Bush for international crimes - even after the former president of the U.S. defiantly justified widespread torture and violation of international law.

It is true that the majority of individuals in trouble with international law are Africans. However, this does not mean the system is designed to target Africans. The arrest of Ratko Mladic in Serbia on 26 May 2011 and his swift extradition to The Hague less than a week later adds weight to this assertion. Mladic is clearly not African, but he shares one thing in common with many Africans held or wanted in The Hague: charged with crimes against humanity, genocide, complicity in genocide, unlawfully inflicting terror upon civilians, war crimes and other crimes that have shocked humanity.

For too long, international law skeptics in Africa have taken their eyes off the ball and focused on the assertion that international law targets the continent. This explains why many kick against the extradition of individuals wanted at The Hague.  As a result, impunity for heinous crimes in the continent is endemic. The high level of impunity is compounded by the fact that national justice systems are either unwilling or unable to try perpetrators of human rights abuses - which is exactly why international courts step in.

The extradition of Ratko Mladic, a powerful former General regarded as a war hero in Serbia, is testament to the fact that international justice is blind and does not target Africans.

It is worthy to mention that Ratko Mladic is not the only Serbian or European extradited to The Hague. Others who have been extradited before him include, General Radislav Krstic, Vujadin Popovic and Ljubisa Beara. [Source].

Mladic was arrested after 16 years on the run. No matter how long it takes, perpetrators of grave crimes would eventually have their day in a national or international court of law.

Share

Tweet

Cameroon: Author imprisoned for insulting first lady in a book

Two significant human rights instruments, namely the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and People's Rights (ACHPR) are enshrined in the Constitution of the Republic of Cameroon. In the preamble, which according to Article 65 is part and parcel of the Constitution, the state recognizes and affirms "...the fundamental freedoms enshrined in the Universal Declaration of Human Rights, the Charter of the United Nations and The African Charter on Human and Peoples' Rights, and all duly ratified international conventions...". Mindful of the aforementioned, the imprisonment of an author for "insulting" the first lady of the republic, Chantal Biya (see photo), in a book is therefore unconstitutional and a violation of "duly ratified" international human rights conventions.

International Freedom of Expression Exchange (IFEX), a network of organizations that promote and protect the right to free expression, issued an alert on 29 March 2011 condemning the imprisonment of Bertrand Teyou, a Cameroonian author, for "insulting" the First Lady of Cameroon in a book that was published last year.

According to IFEX, in 2010, Bertand Teyou published a book titled "La belle de la république bananière: Chantal Biya, de la rue au palais" (meaning: the beautiful of the banana republic: Chantal Biya, from the streets to the palace).

The author was arrested in November 2010 and slapped with a fine or 2 years in prison.

Freedom to hold and express opinions without state interference is a fundamental right and the foundation of a free and democratic society. This right is laid down in all significant human rights instruments, including the UDHR (Article 19), the ACHPR (Article 9[2] ), the International Covenant on Civil and Political Rights (Article 19), just to name a few.

The arrest and imprisonment of an author as a result of his publication is outrageous and contravenes every international human rights standard.

Bertrand Teyou is presently serving 2 years in prison due to his inability to pay the high fine of 2 million CFA francs plus other costs levied on him for writing a book about a public figure. Note that Bertrand is not the first Cameroonian imprisoned - in violation of free expression. Many have been imprisoned before him, including a prominent musician, popularly known as Lapiro de Mbanga  - who is presently imprisoned after composing a song against the recent controversial constitutional amendment that eliminated presidential term limits in Cameroon.

A declaration of the Committee for the Liberation of Bertrand Teyou reveals that First Lady Chantal Biya never lodged a complaint against Bertrand Teyou. Regional authorities in the economic capital - Douala - took upon themselves to arrest, prosecute and sentence the author before a planned celebration marking the publication of his book.

PEN International, an organization that promotes literature, encourages supporters to TAKE ACTION to secure the immediate and unconditional release of Bertrand Teyou. 
*Photo: First Lady Chantal Biya.

Share

Tweet

Sweden should do more to Protect victims of rape

This afternoon, I was appalled by news that a 20-year-old man found guilty for rape in Sweden was sentenced to probation - a suspended sentence on the promise of good behavior - for such a serious crime. This case is yet another reminder that Sweden ought to do more to protect victims of rape by slapping sex offenders with more severe sentences.

According to The Local - a local news outlet in Sweden - the 20-year-old sex offender was charged with raping an intoxicated 25-year-old woman after a party in December 2010. The 20-year-old denied all charges but later confessed on his Facebook page.

A district court in Solna - a municipality north of Sweden's capital, Stockholm, found the offender guilty on grounds of his Facebook confession and sentenced him to probation.

Another man who assisted the offender during the incident was slapped with a mere 6,000 Swedish Kronor ($940) fine.

With due respect for the Swedish judicial system - this court verdict gives the unnamed offenders in question an easy way out of an abominable crime. Light sentences for serious crimes do not adequately deter offenders. Sweden should do more to protect victims of rape and other forms of violence by ensuring that offenders bear the full weight of the law.

It is worth mentioning that many in Sweden are concerned that convicted sex offenders in the Scandinavian country are not named or identified. They enjoy absolute privacy while victims remain at risk.

In 2009, a 28-year-old woman and her 29-year-old boyfriend were found guilty for rape of two minors (17-year-old girls). The two sex offenders were not named or identified.

Sex offenders should be identified. This will go a long way to prevent repeat offences since potential victims will identify a predator and take necessary steps to avoid an incident.

Sweden reportedly has the "highest incidence of reported rapes in Europe" and a corresponding "low conviction rate."

The state should do more to protect victims of rape and ensure that sex offenders do not enjoy impunity.

Share

Tweet

Russia not doing enough to stop racially motivated crimes

In February 1969, the Russian Federation ratified the landmark International Convention on the Elimination of all forms of Racial Discrimination. Forty two years later, the commitment of Russian authorities to eliminate racial discrimination and racially motivated crimes against national or ethnic minorities in Russia remains questionable. In Russia, non-slavic people, blacks and Asians remain easy targets for Russian so-called white supremacist groups which make no secret of their intentions.

This morning - thanks to Afro-Europe International Blog - I came across a disturbing video report that shines light on the surge in racially motivated crimes in Russia.

WARNING: You might find the following video offensive.

Watch...



It is evident from the above video that the perpetrators of such crimes against ethnic minorities are known and within reach. They are not afraid to be identified and filmed - inciting racial violence in the 21st Century. This highlights the level of impunity for racially motivated crimes in Russia.

The victims - in this case Africans - are caught between the devil and the deep blue sea. Back home in Africa, repressive regimes deny them basic rights. In Europe, they face sub-human conditions in a land far from home. Either way, they're victims of man's inhumanity to man and are in desperate need of protection.

Like all Russians, racial or ethnic minorities have the right to security of person and to be protected by the state against such mental and physical harm inflicted by racist groups. The government of Russia has an obligation to protect racial or ethnic minorities living within its borders. The authorities should therefore take concrete steps without delay to stop racially motivated crimes and restore the dignity of victims.

In March 2010, a Russian court imprisoned 9 members of white supremacist group for the brutal killing of a Cameroonian. But a lot more can and should be done to stop such crimes.

Russia will be hosting the FIFA 2018 World Cup. This compounds the urgency to curb hate crimes and ensure that racist criminals do not walk the streets.

You can watch Part II of the above video, here.

"All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood." - Article 1, Universal Declaration of Human rights.

Share

Tweet

Egypt: Ousting of Hosni Mubarak is not enough

Photo: We are all Khaled Said.

It is no secret that yesterday 11 February 2011 marked the end of a 30-year-old oppressive dictatorial regime in Egypt; a regime that tortured thousands of Egyptians and claimed many lives. After 30 years in power, Hosni Mubarak was kicked out of the presidential palace in Cairo by peaceful protesters calling for democracy and respect for human rights and fundamental freedoms in Egypt. The ousting of Mubarak is good news, but it is not enough.

Hundreds of civilians lost their lives during the 18-day struggle for human rights that culminated in the ousting of Mubarak. Human Rights Watch estimates that about 302 protesters were killed during the peaceful uprising that met with brutal police crackdown.

Today, Egyptians and the rest of the world rightfully celebrate the historic fall of a strongman, but it should be noted that the ousting of an autocratic regime is not enough since it does not guarantee justice for the many victims of oppression and systematic police brutality under the regime.

The military which acted responsibly to an extent during the protests, should work in close collaboration with the Egyptian people and ensure a peaceful transition to a democratic civilian rule.

The government of Egypt after Hosni Mubarak should bring all perpetrators of torture and other forms of violations under the 30-year-old Mubarak regime to justice. Until then, the ousting of Hosni Mubarak is not enough.

Victims of violations under Mubarak are uncountable - including Khaled Mohammed Said, Ahmed Shaaban and many others.

Share

Tweet

Hana Begum: Beaten to death in the name of justice in Bangladesh

Hana Begum. Photo: BBC.

It's hard to ignore the story of a young Bangladeshi girl who was publicly whipped - in the name of justice under the Sharia law - and "bled to death" in January 2010

Hana Begum, 14-year-old, was reportedly accused of having an affair with a married man. On the basis of this accusation, the teenager was sentenced to 80 lashes by a village Islamic court in Shariatpur, Bangladesh. Her family told the BBC that the teenager died six days after she was flogged.

It's worth mentioning that initial post-mortem results conflict with a second post-mortem ordered by the High Court.

After her body was exhumed on the orders of the High Court, doctors found "injuries" and reported that Hana died "because of bleeding." This finding conflicts with initial post-mortem results, and corroborates a statement made by her father - "my daughter has been beaten to death in the name of justice."

Bangladesh is party to the International Covenant on Civil and Political Rights (ICCPR) which it acceded to on September 2000.

Article 6 of the ICCPR states that "everyone has the inherent right to life. The right shall be protected by law. No one shall be arbitrarily deprived of his life."

Article 7 stipulates that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

The People's Republic of Bangladesh is also party to the Convention on the Rights of the Child (CRC) which accords all children (including Hana Begum) the right to protection of the law. Article 19 of the CRC obliges States Parties to protect children from all forms of violence or abuse, maltreatment or exploitation.

Drawing from the above covenants - the government of Bangladesh has failed in its obligations under international law.

The state should thoroughly and impartially investigate the death of Hana Begun, bring those responsible to justice and protect all children within its borders from such cruelty.

Some noticeable steps have been taken in this direction. A police investigation for murder is on-going; doctors who carried out the initial autopsy have been summoned by the High Court for questioning and five other people have been arrested in relation to the case.

This cruel punishment that was levied on Hana Begum under Sharia law was outlawed in Bangladesh by the High Court in 2010, but a lot more needs to be done to eradicate the practice.

Culprits of such unspeakable violence against a minor should bear the full weight of the law.

Share

Tweet

Violation of basic right to take pictures in Cameroon

The renovated Bamenda grandstand. Photo: zuzeeko.com.

I visited Cameroon in December 2010 and was taken aback by the almost total absence of civil liberties, social rights and fundamental freedoms in the country I call home. Besides the fact that millions of people are deprived of a life of dignity by a 28-year-old regime and live on or below the poverty line, basic rights like the right to freely take pictures of public structures are commonly denied by oppressive state agents.

During my stay in Bamenda, the capital of the North West region of Cameroon and stronghold of the opposition, I visited the city centre - known locally as the Commercial Avenue. I was impressed by the level of development on the avenue which had fallen into a state of "chaos" and disrepair a fews years back. The roads have been paved, the sidewalks cleared and most importantly, the dilapidated grandstand has been given a much-needed make-over.

I could not resist taking a picture of the grandstand.

As I pulled out my camera and focused in the direction of the grandstand, a concerned shop owner nearby approached me and told me to be cautious because the enlisted military personnel guarding the grandstand would confiscate my camera if they see me taking pictures of the public structure. The shop owner told me he once witnessed the confiscation of a camera by the guards a few weeks back.

This experience reminded me of another incident recounted by a reliable source.

During a recent official visit of the Head of State to Bamenda, law enforcement officers stopped many people from taking pictures of the presidential motorcade.

People reserve the right to take pictures in public. This is the general rule and it should be respected in a free state, unless a picture violates privacy or poses a threat to national security. A  picture of the grandstand in Bamenda does not violate any privacy law or threaten national security, neither does a picture of the president or his motorcade.

The authorities should take concrete steps to ensure that security officers and military personnel stationed to guard public property do not resort to violation of basic rights of harmless citizens - either through intimidation or illegal confiscation of private property.

Share

Tweet

Botswana: Court of Appeal grants Bushmen water rights

Bushman man. Photo: Survival.

Botswana's Appeals Court has overturned a 2010 High Court decision that denied the Kalahari Bushmen the right to access water from a well on their ancestral land.

According to a Survival news release, 5 Appeals Court judges unanimously ruled amongst other things that the government's ban on access to water amounted to "degrading treatment" of the Bushmen.

The government of Botswana evicted the Bushmen from their ancestral land in 2002 after diamond deposits were discovered on the land. It was not until 2006 that a High Court ruled the eviction unlawful and unconstitutional. Although some Bushmen gradually returned to their ancestral land following the 2006 court ruling, the government continued to make life on the land difficult for the Bushmen by banning access to water on the land. The Bushmen dragged the government to court again and although a judge dismissed the case, the Bushmen pressed on with an appeal.

The Court of Appeal's decision on 27 January 2011 to uphold the Constitution and reinstate water rights of the Kalahari Bushmen is a victory for basic human rights and the rule of law.

This judgement (in pdf) comes barely a week after the government of Botswana approved the construction of a $3billion diamond mine in the disputed ancestral home of the Bushmen.

Share

Tweet

ICC warns perpetrators of possible crimes in Ivory Coast

Luis Moreno-Ocampo, ICC Prosecutor.

The International Criminal Court (ICC) Prosecutor, Luis Moreno-Ocampo (pictured) has warned all parties involved in the disputed Presidential elections in Ivory Coast that the court would prosecute perpetrators of crimes - should violence escalate. This warning comes only a day after the Prosecutor presented a case against six Kenyans for massive crimes against humanity committed during the 2007-2008 post-election violence in Kenya.

Ivory Coast is in chaos and recent events have raised fears of violence and possible commission of crimes - as incumbent President Laurent Gbagbo clings to power after reportedly losing the Presidential election to opposition leader - Alassane Ouattara.

Incumbent Laurent Gbagbo clings to power despite loud and clear calls from the international community, including the African Union, United Nations, European Union, Economic Community of West African States (ECOWAS), and countries including the United States, South Africa, France, Nigeria.

Earlier today, troops loyal to Laurent Gbagbo clashed with supporters of Alassane Ouattara in Abidjan, killing at least one person.

This post-election chaos in Ivory Coast is representative of the sorry-state of democracy and the rule of law in Africa - a continent where incumbent Heads of States, more often than not overrule the peoples' choice in presidential elections and cling to power. This, no doubt, often leads to post-election violence and massive crimes against unarmed civilians. We have seen it in Zimbabwe, Cameroon, Kenya, you name it.

Although Ivory Coast is not party to the Rome Statute, the ICC Prosecutor's warning against possible violence in Ivory Coast is a timely deterrent against possible crimes against humanity in the west African state. Governments shouldn't use the principle of "Sovereignty" as a shield against justice.

No one should die as a result of power mongering and disputed presidential elections. Above all, under no circumstance should perpetrators of post-election crimes against humanity go unpunished.

Share

Tweet

Sudan: Shocking video of woman flogged in public

A shocking video showing a distressed woman being flogged in public with what appears to be bull whips, by uniformed state agents enforcing a controversial law has outraged viewers.

The incident, captured in an amateur video, sheds light on a barbaric form of punishment implemented in the Republic of Sudan, the "largest country in Africa and the Arab world."

I must tell you - the video is graphic and hard to watch.



It is worth mentioning that Article 152 of the 1991 Penal Code of Sudan justifies public flogging as a form of punishment for "indecent" acts (note that the wearing of trousers by women is considered an indecent act in Sudan). The law remains in place despite international calls and pressure on the Sudanese government to abolish flogging.

This medieval form of punishment still meted out in Sudan in the 21st Century is state-sponsored, and perpetrators of such cruelty walk free. This undermines respect for human rights and sends across a wrong message.

Torture and cruel and inhuman forms of punishment are deplorable and make a mockery of human rights. Such practices should be outlawed.

Share

Tweet