SECURITY COUNCIL PRESS STATEMENT ON THE 20TH ANNIVERSARY OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

NEW YORK, November 10, 2014/African Press Organization (APO)/ — The members of the Security Council recall its resolution 955 (1994) of 8 November 1994, which established the International Criminal Tribunal for Rwanda (ICTR). The members of the Secur…

Mali: Justice Crucial to Peace Talks / Draft Pact on 2012-13 Conflict Needs Strengthening

NAIROBI, Kenya, November 10, 2014/African Press Organization (APO)/ — A draft peace agreement to end the military and political crisis in northern Mali does not adequately address the need for justice for serious international crimes during the conflict, Human Rights Watch said today. The next round of negotiations between the Malian government and armed groups involved in the conflict is scheduled to begin on November 20, 2014, in Algiers.

All parties to the 2012-2013 armed conflict in northern Mali committed serious violations of the laws of war that included possible war crimes. Agreements that ended previous civil armed conflicts in Mali from 1962 through 2008 failed to address rampant impunity and weak rule of law, and some included provisions providing immunity from prosecution.

“Mali’s peace talks need to succeed where previous deals have failed by bringing those responsible for atrocities to justice,” said Corinne Dufka, senior West Africa researcher at Human Rights Watch. “The final agreement should include provisions to support the prosecution of war crimes, strengthen the truth-telling commission, and ensure the vetting of security force personnel.”

Security has been deteriorating in northern Mali. While control of the north by the Malian government was largely restored in 2013 following a French-led military intervention, the groups negotiating with the government and others linked to Al-Qaeda are occupying territory and committing abuses against civilians and peacekeepers.

Following the conclusion of the third round of peace talks in late October 2014, Algeria’s foreign minister, Ramtane Lamamra, said that the international mediation team had produced a “draft agreement for comprehensive peace,” which would form the basis for discussion when talks resume.

Human Rights Watch research in Mali and elsewhere suggests that a failure to prosecute individuals responsible for serious wartime abuses enables and may even encourage future abuses. Providing immunity to those who committed war crimes denies the victims and their families a measure of justice for their suffering.

Human Rights Watch and other organizations documented hundreds of alleged war crimes and other serious abuses during the 2012-2013 armed conflict. These include the summary executions of up to 153 Malian soldiers in Aguelhok by opposition armed groups; widespread looting, pillage, and sexual violence by the ethnic Tuareg National Movement for the Liberation of Azawad (MNLA); and the recruitment and use of child combatants, unlawful amputations, and destruction of shrines by Islamist armed groups. Malian soldiers were also implicated in serious abuses, including extrajudicial executions, enforced disappearances, and torture or ill-treatment of suspected rebels.

The government has made little progress in holding to account those responsible for war crimes and other abuses. The provisional release of scores of men detained in relation to the conflict, including several commanders from northern armed groups credibly implicated in abuses, has raised concern of a de facto amnesty for these crimes.

International law encourages countries to provide a broad amnesty or pardon for captured combatants and others detained for their participation in a conflict, so long as they are not responsible for war crimes or other serious abuses.

However, the releases that began in late 2013 under the June 18, 2013 Ouagadougou Accord and characterized by the government as “confidence building measures” in advance of negotiations, have been carried out without sufficient review to determine whether any of those freed are implicated in serious international crimes. Amnesties for those responsible for serious international crimes are not recognized under international law.

“It is time to break the decades-long cycle of conflict, abuse, and impunity. Any deal which turns a blind eye to the need for justice will not only disregard the rights of victims and their families, but also encourage further abuses and sabotage a truly durable peace,” Dufka said. “Ensuring that the talks incorporate measures to address long-standing impunity is all the more urgent given the deteriorating security situation, and increasing attacks, lawlessness, and banditry by armed groups in the north.”

Statement attributable to the Spokesman for the Secretary-General on South Sudan

NEW YORK, November 10, 2014/African Press Organization (APO)/ — The Secretary-General commends the strong stance adopted by the IGAD Heads of States on the conflict in South Sudan which is in the interest of the people of South Sudan.

The Secretary…

Foreign Secretary deeply concerned at reports of mass rape in Northern Darfur

LONDON, United-Kingdom, November 10, 2014/African Press Organization (APO)/ — Foreign Secretary comments on recent reports of a mass rape in Northern Darfur, and the subsequent denial of access to the United Nations African Union Peacekeeping Mission to the area

The Foreign Secretary Philip Hammond said:

“I am deeply concerned by the emerging reports from Northern Darfur. These are serious allegations that must be investigated immediately. The Government of Sudan must grant the United Nations African Union Mission in Darfur (UNAMID) full and immediate access to the affected areas and reported victims.”

Statement by the IMF Staff Mission to Niger

NIAMEY, Niger, November 7, 2014/African Press Organization (APO)/ — A staff team from the International Monetary Fund (IMF) led by Mr. Cheikh Anta Gueye visited Niamey from October 21to November 3, 2014, for discussions on the 2014 Article IV consultation and the fourth and fifth reviews of the program supported by the Extended Credit Facility arrangement (ECF). The discussions covered the implementation of the program as well as economic and financial developments in 2014, the medium-term outlook and the policies needed to consolidate macroeconomic stability and foster inclusive growth.

At the conclusion of the mission, Mr. Gueye issued the following statement:

“Niger’s overall macroeconomic performance has been generally satisfactory. Economic growth slowed to 4.1 percent in 2013 largely due to the adverse climatic conditions on agricultural production and the regional security situation, despite a significant increase in oil production. Inflation was contained to 2.3 percent in 2013 as food prices fell thanks to the government’s food security program supported by development partners, and improved food markets. However, limited government resources and project implementation capacity continued to weigh on public investment.

“Program performance was mixed, with the budget experiencing repeated shocks. All performance criteria were met at end-December 2013 and end-June 2014, except the criterion on domestic financing of the government, which was missed on account of unexpected security and food expenditures and a shortfall in external financing. For the same period, fiscal targets were met, except for those on the basic fiscal balance and total revenues at end-June 2014, which were missed when adverse security shocks required additional expenditures against the background of shortfalls in customs revenues. Also, the floor on poverty reduction spending was missed at end-2013 and June 2014.

“The medium-term outlook remains favorable. Growth is expected to rebound to 6.5 percent in 2014 and be sustained over the medium term as two large natural resource projects — crude oil export and uranium production — are scheduled to begin in 2017 and 2019, respectively. Risks to the outlook stem from both internal and external sources. The main near-term risk is a further deterioration in the regional security situation, which could severely impact FDI inflows, private sector activity, and the budget. The country also remains vulnerable to climate shocks, commodity price volatility and limited predictability in donor support.

“The Article IV discussions focused on enhancing food security, leveraging regional trade to increase growth, and promoting the middle class and financial inclusion. Preparations of the 2015 budget are well advanced, and the authorities’ focus on strengthening investments in infrastructure, health and education while maintaining a sustainable fiscal stance seems appropriate. The mission stressed the need to ensure efficiency of spending through structural reforms. The mission and the authorities also agreed on a revised structural reforms calendar.

“The mission met with H.E. Senior Minister Bazoum, Acting Prime Minister, members of the government, senior administrative officials, and representatives of civil society and the private sector.

“The mission thanks the Nigerien authorities for the fruitful discussions and their warm hospitality.

“The IMF Executive Board is expected to complete the 2014 Article IV consultation and consider the ECF review in December 2014.”

The Gambia: UN human rights team prevented from completing torture and killing investigations

GENEVA, Switzerland, November 7, 2014/African Press Organization (APO)/ — The United Nations Special Rapporteurs Christof Heyns and Juan Méndez have been prevented from completing a torture and killing investigation during the first visit ever to The Gambia by experts of the independent fact-finding mechanism of the Human Rights Council Special Procedures.

The two UN human rights experts carried out an official mission* to the country to examine the current level of protection of the right to life in law and in practice, and assess the situation and identify challenges regarding torture and other cruel, inhuman or degrading treatment or punishment in The Gambia, among other things.

In a remarkable and encouraging step, the Gambian Government invited the two UN Special Rapporteurs earlier this year to conduct a joint visit from 3 to 7 November 2014.

Unfortunately, and despite a written agreement accepting the Terms of Reference of the two mandates, once the investigators arrived, the Government denied them access to certain sections of the first prison the two mandate holders attempted to visit. They offered instead a guided tour to parts of the prison, informing that under no circumstances would they be allowed to visit the Security Wing, where inter alia the death row prisoners are held.

“The prospect of departing from the principle of unrestricted access in one country but not in others we have or will visit, would clearly display double standards and undermine the mandates entrusted to us by the UN Human Rights Council,” the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan Méndez, said.

“Due to denial of access to the Security Wing of Mile 2 prison to visit those sentenced to lengthy sentences, including the death penalty, an inference must be drawn that there is something important to hide. This incident forced us to suspend this integral part of the visit,” the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, added.

Since they had to suspend visits to all places of detention, the two experts were not able to assess independently the conditions in any of the prisons or police stations, though they were still able to meet with people who have been detained or served their sentences in those prisons.

“Throughout the visit, we received many testimonies from people who did not want to be identified out of fear for either their own safety or their families, and we have therefore asked the Government to reaffirm its commitment not to engage in any reprisals,” the experts said.

The seemingly arbitrary re-introduction of executions for a couple of days in August 2012 and then its subsequent suspension shocked the world and tainted the Gambian justice system and its approach to the right to life. On 23 August 2012, nine death row prisoners were executed. According to available evidence, the death sentences were imposed in violation of international fair trial standards, including the most serious crimes provisions.

“Prior to these events, the last official execution in the country took place in 1985 and the country actively participated in the region’s efforts to abolish in law and practice the death penalty, with a moratorium on the death penalty for 27 years and the abolition of capital punishment for drug offences in April 2011,” Mr. Heyns noted.

“However, the executions undermined these efforts and represented a major step backwards for the country, and for the protection of the right to life in the world as a whole,” he added.

“During our visit, we also received reports of extrajudicial executions and enforced disappearances against those who are deemed to be opponents of the regime, members of security forces, journalists and human rights defenders,” the experts said. “We would like to recall the duty of the Government to take measures to prevent and punish deprivation of life by criminal acts, and to prevent arbitrary killing by their own security forces.”

We received many reports that there are para-military hit-squads in the country that go by names such as the ‘Jungulars’. These are serious matters that will expose those behind it to criminal prosecution, if proven to be correct. We call on the Government to appoint a judicial Commission of inquiry to investigate these allegations.

“During my investigation I found that torture is a consistent practice carried out by the National Intelligence Agency. In cases where there is a real or perceived threat to national security there is a corresponding increase in acts of torture and ill-treatment during the detention and arrest process” Mr. Méndez noted.

The Government has an obligation to investigate, prosecute and punish every incident of torture and ill-treatment and the obligation to prevent such occurrences. “It would be important for judges and prosecutors to take it upon themselves, under a sense of legal obligation, to visit places of detention to locate detainees subject to a petition for habeas corpus relief or for bail; to order medical examinations by qualified forensic as soon as any suspicion of mistreatment arises and to initiate prosecutions against whomever may be responsible for mistreating an inmate,” he explained.

“While the standards for detention and arrest by the police appear to be consistent with international law, we are concerned that in practice, arrests pursuant to a warrant are the exception and not the rule,” the Special Rapporteurs stressed.

“The ‘reasonable suspicion’ standard is seldom if ever examined to determine whether reasonable grounds existed, and the evidence obtained pursuant to an otherwise illegal arrest is challenged even less frequently. As a result, police arrest to investigate, rather than investigate to arrest,” they stated.

When The Gambia appeared before the Universal Periodic Review at the UN Human Rights Council last week it appeared that a fruitful dialogue on human rights could help The Gambia re-engage with the international community.

“This was our hope when we committed ourselves to this visit in good faith. While our visit has experienced serious challenges regarding unrestricted access and an overriding atmosphere of apprehension and even fear from many who engaged with us, we welcome the assurances we have received from officials at the highest level that there will be no reprisals and hope that the Government will find our observations helpful for continued engagement on human rights,” the experts said.

“We will continue to engage with the Government and all relevant stakeholders to receive more information and clarifications before we present our respective final reports on our visit to the UN Human Rights Council in March and June 2015.”

“We wish to conclude by reiterating our appreciation to the Government for having invited us to visit the country. We hope that our visit leads to a fruitful cooperation between our mandates and The Gambia,” Mr. Heyns and Mr. Méndez underscored.

(*) Check the full end-of-mission statement: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15265&LangID=E

New WHO “Safe and Dignified Burial” Protocol Key to Reducing Ebola Transmission

GENEVA, Switzerland, November 7, 2014/African Press Organization (APO)/ — A new WHO protocol for safe and dignified burial of people who die from Ebola virus disease emphasizes inclusion of family members and encouraging religious rites as an essential part of safe burials.

“At least 20% of new Ebola infections occur during burials of Ebola deceased patients. By building trust and respect between burial teams, bereaved families and religious groups, we are building trust and safety in the response itself.” says Dr. Pierre Formenty, one of WHO’s top Ebola experts. “Introducing components such as inviting the family to be involved in digging the grave and offering options for dry ablution and shrouding will make a significant difference in curbing Ebola transmission.”

Ebola infections occur during burials when family and community members perform religious rites that require directly touching or washing the body, which still contains high levels of Ebola virus; and when family members distribute personal property of the loved one, which may be infected with the virus.

Developed by an interdisciplinary team at WHO, in partnership with the International Federation of Red Cross and Red Crescent Societies (IFRC) and faith-based organizations including World Council of Churches, Islamic Relief, Caritas Internationalis and World Vision, this updated protocol outlines step-by-step processes for safe and dignified burials. The protocol encourages inclusion of family and local clergy in the planning and preparation of the burial, as well as at the burial event itself, giving specific instructions for Muslim and Christian burials.

“We are becoming known for ‘dead body management’, but we do not ‘manage’ dead bodies. We safely, respectfully and in a dignified manner, accompany our deceased fellow human beings and help to prepare them, in accordance with their cultures, for their last resting places. It is in this spirit that our volunteers carry out their difficult work” says Elhadj As Sy, Secretary General, IFRC.

“It is clear from Islamic juristic ruling that the necessity of religious washing of the body before burial of patients who die from Ebola is over-ruled,” says Rehanah Sadiq, a Muslim chaplain with University Hospitals Birmingham NHS Foundation Trust who served as consultant to WHO on the protocol. “However, it is vital to help bereaved families grieve and find closure by ensuring that sacred rites, such as performing a dry ablution, shrouding the body, and praying over the deceased are represented in Muslim funerals. Providing safe alternatives for families to maintain deeply-cherished practices helps them be part of the decision-making process, which is critical particularly during a time when they may be feeling helpless.”

“Giving the family an opportunity to view the body of the deceased, ensuring that the grave is appropriately labelled, and allowing religious leaders to offer prayers and family members the option to throw the first soil – these are important incentives for encouraging families to continue to find strength in their faith, and to keep other family members safe from becoming infected,” said Rev. Msgr. Robert J. Vitillo, Head of Delegation, Caritas Internationalis.

A team of medical anthropologists also contributed meaningful, safe alternatives for touching and bathing dead bodies, developed from research into the cultural significance and values of burial practices in affected countries. The research included consultations with religious leaders in affected countries to define what is meant by “dignified burial” in both the Muslim and Christian context.

The protocol also includes ways for Ebola burial teams to carry out their work safely while respecting family sensitivities. These include abstaining from wearing personal protective equipment (PPE) when first meeting with the family, and asking the family if there are specific requests for managing the burial and personal effects of the deceased. As the protocol is applied in affected countries, feedback from religious leaders, communities and people managing burials will be used to update and improve the protocol.

The link to Safe and Dignified Burial Protocol:

http://www.who.int/csr/resources/publications/ebola/safe-burial-protocol/en/

Sudanese NGOs Join Forces to Reduce Conflict

GENEVA, Switzerland, November 7, 2014/African Press Organization (APO)/ — IOM and UNDP have hosted a two-day workshop in Khartoum to bring together 45 Sudanese NGOs from Blue Nile, South Kordofan and West Kordofan States to discuss their role in stre…

Angola Builds Displacement Camp Management Capacity

GENEVA, Switzerland, November 7, 2014/African Press Organization (APO)/ — IOM Angola this week organized a three-day workshop on Camp Coordination and Camp Management (CCCM) for 25 disaster management officials from Angola’s Civil Protection Service and Ministry of Social Assistance.

The aim of the workshop was to explore how to address the displacement of people by natural disasters; the roles and responsibilities in managing a camp; the protection of the most vulnerable; the participation of communities; and recovery strategies and solutions for displaced people, in line with international CCCM standards.

Southern Africa is a region prone to natural disasters, including floods, cyclones, earthquakes, droughts and bush fires. Countries in this part of the continent are experiencing climate change characterized by extreme weather conditions resulting in population displacement in both rural and urban settings.

Angola suffers from recurrent dry spells and flooding, which have become increasingly destructive, resulting in forced displacement, destruction of economic assets and livelihoods, massive damage to infrastructure, deaths and injuries, as well as occasional outbreaks of waterborne and hygiene-related diseases.

The camp management workshop was tailored to the Angolan context and will be followed in the coming weeks by a “Training for Trainers” programme.

The project is part of an IOM regional programme, funded by USAID/OFDA, targeting six countries in the region (Mozambique, Angola, Botswana, Namibia, Malawi, and Zambia) to enhance their national capacity to respond before, during and after natural disasters. In Angola, the project is implemented in close partnership with the National Commission for Civil Protection (CNPC).

Migration Dialogue: From the Horn to South Africa

GENEVA, Switzerland, November 7, 2014/African Press Organization (APO)/ — IOM Tanzania this week convened a three-day “Migration Dialogue” conference to respond to the ever-evolving and complex dynamics of migration flows from the Horn of Africa, through Kenya and Tanzania to South Africa.

Twenty-four senior representatives from the governments of Tanzania, Kenya, South Africa and Ethiopia, and from IOM and UNCHR, met in Zanzibar to discuss the migration challenges facing the region and how to address them. The event was funded by the Government of Japan, as part of IOM’s ‘Voluntary Return Assistance to Migrants in Tanzania’ project.

International migratory movements in Africa have become more complex and mixed in recent years, with flows comprising asylum seekers, refugees and irregular migrants. The exodus of migrants from the Horn of Africa (mainly Ethiopia) to South Africa is a central issue.

Each year, thousands of mainly young Ethiopians risk their lives in an attempt to reach South Africa, where they hope to establish better lives for themselves and their families. Migrants often sacrifice their life savings to pay smugglers amounts of up to USD 4,000 to facilitate the journey.

Human smuggling has become a thriving multi-billion dollar industry, which feeds off people’s desperation to improve their lives. Migrants are loaded into trucks by smugglers or left in ‘safe’ houses in the jungle in Tanzania for days or weeks without food or water. Kenya and Tanzania are significant transit countries and many migrants are intercepted by the authorities en route.

“Migrants are above all human beings and have the same human rights as anyone else. They should not be exposed to situations in which their lives are threatened. But the root causes of migration from the Horn to South Africa must be addressed by the governments concerned in order to come up with sustainable solutions to this migration crisis,” said Damien Thuriaux, IOM’s Chief of Mission in Tanzania.

This week’s meeting follows a 2010 regional conference on refugee protection and international migration, during which 13 African states met to discuss mixed movements and irregular migration from the East, Horn and Great Lakes sub-regions to Southern Africa.

IOM’s ‘Voluntary Return Assistance to Migrants in Tanzania’ project has returned over 220 detained Ethiopian migrants this year and is planning to return a total of up to 800 by year end. Since 2009, IOM Tanzania has helped over 2,500 Ethiopian detainees to return home.