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Archive for August 8th, 2011

ICC President visits Mozambique to encourage ratification of Rome Statute

Posted by African Press International on August 8, 2011

The President of the International Criminal Court (ICC) Judge Sang-Hyun Song concluded an official visit to Maputo, Mozambique on Sunday 7 August 2011. President Song was there to raise awareness about the ICC and address the 12th Annual General Meeting (AGM) of the Southern African Development Community Lawyers’ Association (SADC LA), where over 350 lawyers took part in the three day event. Of the 15 SADC Member States, four have yet to join the ICC. Mozambique is one of them, having signed the Rome Statute of the ICC in 2000, but not yet having ratified it.

 President Song also met with top government officials to encourage Mozambique’s ratification of the Rome Statute. He spoke with the Speaker of Parliament, Ms. Verónica Macamo, the Minister of Justice, Ms. Maria Benvida Levy and the President of the Constitutional Council, Mr. Hermenigildo Gamito. President Song briefed these officials on the various expert NGOs and intergovernmental organizations, such as the Commonwealth Secretariat, available to provide technical assistance towards ratification and domestic implementation of the Rome Statute.

 ”We must never forget the plight of countless victims and survivors who continue to suffer from heinous acts such as mass murder, rape and torture every year,” stressed President Song. “The ICC is the only permanent international Court set up to prosecute individuals for these atrocities which tear at our social fabric. This is why the ICC is central to the international criminal justice movement, and why the Court’s membership continues to expand in every continent of the world.”

 The President of the Mozambique Bar Association, Dr. Gilberto Correia, expressed his steadfast support of the ICC saying, “As part of our mandate to promote the rule of law, human rights and democracy, we invited President Song to Mozambique to update our members on the ICC. His presence this week in our capital city of Maputo has added great momentum to our campaign to see Mozambique become the next State Party to the Rome Statute, and to join our SADC neighbours in the global fight to end impunity of mass atrocities.”

 During the visit, on Friday, 5 August 2011, President Song addressed an audience of members of the legal community from the SADC LA and Mozambique Bar Association to launch the “Calling African Female Lawyers Campaign” http://femalecounsel.icc-cpi.info/>  at the annual event. President Song highlighted that few African female lawyers are currently admitted on the ICC List of Counsel and Assistants to Counsel authorized to represent either victims or defendants who appear before the Court. He encouraged the audience to apply for admission to these lists, stating: “Whether you are championing the due process rights of suspects and accused persons or applying your expertise on gender-based violence to ensure effective representation of victims of sexual crimes your participation contributes to ensuring the Court’s proceedings meet the highest standards of justice and fairness”.

 During his stay in Maputo, President Song gave several radio and television interviews. At a special ceremony at the final gala dinner of the SADC LA AGM, 40 newly called lawyers of the Mozambique Bar were awarded their professional certificates by President Song, Justice Minister Levy and Dr. Correia, among other top officials.

——————–

ICC: The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries. As of 1 August 2011, the ICC has 115 States Parties, of which 15 are from the Asia-Pacific group of States.

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Kenya: Former aide to Raila Odinga, Mr. Miguna Miguna is temperamental, hot/thick headed, abrasive, and often of unpredictable temperament

Posted by African Press International on August 8, 2011

Imaginative, but far-fetched indeed. Miguna is not going to cross over to a man who has the sword of Damocles hanging over his head, by thinnest thread ever made in this world.

Miguna is temperamental, hot/thick-headed, abrasive, and often of unpredictable temperament. Counter balancing these rather unpleasant traits are his unflinching loyalty to the party, tenaciousness, fixity of purpose, fearlessness and a quick mind. He has been in the Orange Party, through thick and thin, for at least the past 5+ years.

What baffles me is how the mandarins around Raila found this was the best time to kick him out for being intransigent. Has he been warned, and if so how many times? If what they construe is correct, why all this undue waiting? It’s alleged Miguna refused to sign his engagement documents outlining his areas and scopes of duty, for the last 4 years. Then, the Permanent Secretary in the Office of the PM must take responsibility for dereliction of duties expected of him. If Miguna went to the Hague, he might have gone on his own. If he used govt resources without proper authorisation, ask him to refund. However, the action should have come immediately.

My take is that the Prime Minister was duped into firing Miguna on the propaganda by his side kicks that he had, of late, become more of a burden than an asset. It was an unwise move though can be argued technically justified. Miguna Miguna is a civil servant. To suspend or dismiss a civil servant, there are regulations governing it. It’s illegal to interdict a civil servant without a charge sheet and his explanation should be sought within a time frame.

The person is eligible for part of salary while his case is processed for good. It’s illegal to sack someone summarily. Raila’s PS has totally erred in this issue. Miguna is a lawyer. I request him not to go to the extremes the story suggests.

If you are convinced that irreparable damage to your reputation has been inflicted, and your human rights have been violated, sue the PS who is the author of the dismissal letter. I am looking forward to hearing you will conduct the case yourself. Apart from Raila’s Permanent Secretary and Jakoyo Midiwo, think of calling the Prime Minister as a witness. Go, Miguna go!

 

By kmmohanshan Mathew

 

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The operations of Kibos Sugar and Allied Industries

Posted by African Press International on August 8, 2011

By: JEFF OTIENO

A wide scheme has been hatched to thwart the operations of a local sugar miller according to some key sugar industry stake holders.

The operations of Kibos Sugar and Allied Industries may be dwarfed if plans by a certain miller to engage the services of people purporting to be advocating for justice and equality seeks and achieve legal recourse.

These were revealed by a group of councilors and farmers from the cane growing zones of Chemelil, Kibos and Muhoroni.

According to councilor Balala of Aldai ward, a local miller said not to be happy with the resilience and vibrant operations of Kibos last week approached him to engage the services of hirelings to go to court as farmers in a desperate bid to thwart the good work being done, by Kibos Sugar.

“As farmers we’ve had enough frustrations and therefore we can’t succumb to petty squabbles which have got no value to us”,
Balala told the press.

Kibos has so far installed weigh bridges in Awasi and Chemase which has not gone down well with rival millers who argue its tantamount to encroachment or “a coup”   .

Kibos Sugar has since denied the claims through the
Managing Director Raju Chanan who said their pre-occupation as a miller is to
engage positively with farmers to uplift them economically and not rhetorics.

The resilient miller recently topped their tonnage to Kshs.4,200 per tone while other rival millers are still pegged on the region of Kshs. 3,750 to 3,800 per tone to their chagrin.

Kibos further pays farmers on weekly basis after delivery and their weigh bridge installations across the zones is to curb spillage  and cushion the farmer from hefty transport costs inflated by unscrupulous private transporters.

END

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Arab uprising good for those who want use the opportunity moving to European countries

Posted by African Press International on August 8, 2011

Analysis: Why the “Arab Spring” matters to immigrants in Europe

A boat carrying sub-Saharan African migrant workers who fled violence in Libya arriving in the Italian port of Lampedusa (file photo)

MARSEILLE, 18 July 2011 (IRIN) – Ali Ghanai arrived in France from Tunisia in March, keen to escape poverty, see a bit of the world and provide for his family in a village in the impoverished south, but the 24-year-old stone mason now wants to return home, heavily disillusioned after weeks of harassment by the French authorities, sleeping rough and living off the kindness of strangers.

“It has not been easy”, Ali told IRIN. “France has not worked out for me.”

Sitting with Tunisian friends at a pavement café in downtown Marseille, Ali explained what had gone wrong over the past four months. Like thousands of other Tunisians, he had booked a passage to Italy, paying 1,000 dinars (US$700) for a place on a boat. “It was a difficult crossing, I saw people drown in front of me,” Ali recalled. “But I am still grateful to the man who got me out.”

On arrival, the Italian authorities gave him a document, entitling him to six months visa-free travel in European Union (EU) countries that are signatories of the Schengen Agreement, including France. Italy had already received thousands of migrants from Tunisia, mainly on the southern Mediterranean island of Lampedusa.

Italian President Silvio Berlusconi had called on Italy’s European neighbours to share the load, but France accused Italy of recklessly sending immigrants across its borders, without formalizing their status.

Like many other Tunisians, Ali boarded a train to France without difficulty, but arrived in the French city of Nice to be greeted by a strong-armed police presence at the railway stations. The police made it clear he was just another `sans papiers’, an immigrant with no legal status. Arrest, detention and summary expulsion followed. Ali tried the journey again, with the same result. He eventually got over to Marseille, but had no real accommodation and no job.

Listening sympathetically to Ghanai, was Monder Harzali, Tunisia-born resident of Marseille for 30 years. Monder is an unambiguous supporter of the “Arab Spring”. He acknowledged there was a lot of uncertainty ahead, with different forces now vying for power and influence, but remained optimistic about Tunisia’s prospects.

“People wanted change and that is normal,” Monder told IRIN. “But a revolution doesn’t come overnight. There is a price you have to pay for liberty. The main thing is: we are free, we are no longer afraid.” Even in Marseille, Monder said, you could feel an atmosphere of control in the old days.

“I was never comfortable walking past the Tunisian consulate here because you knew there were agents of the ruling party around, keeping tabs on people,” he said. “I deliberately took no interest in politics.”

Struggling in Marseille

Monder acknowledged there was still a general wariness about Ben Ali (former president) loyalists at large, spying on their compatriots, but said the changes in Tunisia had given the Tunisian community in Marseille a new sense of focus and solidarity. He said Tunisians of his generation owed much to the young activists who had taken to the streets and he wanted to help those coming to France. But he warned against unrealistic expectations based on ignorance.

“These are young people with a real sense of adventure,” he explained. “But they set off without thinking things through. Where they are coming from, they could count on the support of their families, always find enough to eat. They get here and it is a real disappointment. They can’t believe that they will be treated like criminals.”

The Maghrebian communities are long established in Marseille, particularly Algerians. But unemployment runs at 40 percent in some parts of the city and even long-term immigrants often have little enough to get by. Residents resent the stereotyped image of Marseille as a centre for organized crime and drug trafficking, but concede that crime rates are high and job prospects extremely limited.

For immigrants sleeping out in the open, or in the train station, there are obvious security threats, both from criminals and over-zealous police.

Mhedebi Bechir, an activist with the French Ligue des Droits de l’Homme (Human Rights League – LDH), one of several organizations to lobby for immigrants’ rights, said local authorities had done little when it came to providing food and shelter for newcomers. “Occasionally you will get a promise that a gymnasium will be made available, or something like that, but it’s not much”, Mhedebi told IRIN.

“Then again, you will find someone who cares, like a café owner who will quietly slip out a consignment of sandwiches.”

Marseille has traditionally tolerated squatters, but Mhedebi says there has been a clampdown, with fewer buildings now available. “So you have people sleeping rough and that leads to health problems,” he said. “They get cold, they have headaches. It all gets very stressful. The new arrivals feel lost, shocked, abandoned.”


Photo: Obinna Anyadike/IRIN
The Arab Spring has seen protests spreading across several countries in the last five months (file photo)

Immigrants talk of their reluctance to return home with empty pockets, particularly when a family has made many sacrifices to help buy a sea passage and the expectation is that the traveller will provide.

The Sarkozy effect

Immigrant welfare groups say government policy has become increasingly restrictive, particularly when it comes to securing legal documents for the `sans papiers’. France’s recent record on the handling of immigration issues has generated fierce criticism outside the country. There has been particular concern about the Besson Law, named after former Immigration Minister Eric Besson, adopted in May 2011, and the fifth immigration law introduced by France in seven years.

Besson maintained he wanted to regulate and coordinate, not persecute, arguing: “We want to promote legal immigration, particularly for work. We want to fight against the networks of illegal immigration and we also want to harmonize our policies with regards to asylum-seekers, cooperating with the source countries that migrants come from.”

But human rights campaigners warned that France was putting itself at odds with the EU’s own Freedom of Movement directives and warned that France’s right to expel people on public security grounds was in danger of being gravely abused.

Jean-Pierre Chevalié heads the regional branch of the Comité inter-mouvements auprès des évacuées (CIMADE), which began life working for evacuees and refugees in the 1930s. Chevalié says a key part of CIMADE’s work is helping “regularize” the status of immigrants.

“It has become increasingly difficult, particularly in the time of Nicolas Sarkozy, both as minister of interior and then president. The government’s line is now: There are too many immigrants in France, we should send them all away. It is pure electoralism… They think they can blame all France’s problems on immigrants. The reality is that the economy depends heavily on an immigrantworkforce,” he said.

''We have to think now, now, not mid-term…The Arab Spring could signal an end to the crony capitalism which was blocking so much economic development in the past''

In the past, the `sans papiers’ could submit documents to the local administration, or préfecture, knowing their documents would be stamped and their right to stay granted. Chevalié says the system is now much more arbitrary, and préfectures can now decide to refuse the right to stay. “An immigrant without documents can now approach the authorities knowing he or she may be accepted or deported”.

Chevalié deplored the use of violence by police in enforcing deportation orders. He also warned of the police using high profile round-ups, swooping on areas known to house illegal immigrants, looking to boost their own arrest records. But while accusing Sarkozy and others of scare-mongering on immigration, Chevalié says France is not necessarily becoming more xenophobic and insular.

“There is no risk of an `invasion’, that is just not true”, he stressed. “When you talk to people about immigration issues, they voice their fears. But you quickly realize that they have the wrong facts, they are arguing from false premises. Deep down, they are not really racist.”

While CIMADE, the LDH and others take Sarkozy to task for using the immigration card as a pre-elections tactic, the far right Front Nationale (National Front – FN) says both Sarkozy’s Union pour un Mouvement Populaire, (Union for a Popular Movement – UMP) and the main opposition Partie Socialiste (PS) have been dangerously lax in failing to protect French sovereignty and want a much more robust approach on immigration.

Wanting to close the door

Founded in 1972, the FN was seen for years as a fringe movement, crudely racist and opportunistic, incapable of building a serious political base. But in 2002, FN leader Jean-Marie Le Pen saw off PS candidate Lionel Jospin in the first round of the presidential elections and stood against incumbent President Jacques Chirac in the second round. Le Pen’s daughter, Marine, will be standing in 2012 and believes the party will make a strong showing.

Political observers credit Marine with modernizing the party’s image and softening its message. Her focus is rarely on immigrants per se, much more on the threat to French values from Islam. She paid a controversial visit to Lampedusa where Africans fleeing violence in Libya are landing, in March, voicing her support for the “Arab Spring”, but warning against a new wave of immigration.

“We have nothing against immigrants, but our country has a colossal debt which means we can’t allow extra immigrants in”, explained Laurent Comas, the FN’s secretary-general for the southern Bouches-du-Rhône department. “France is inundated and we can’t take in the whole world.”

Speaking in his office in Marseille, just five minutes’ walk from a quartier dominated by communities from North and West Africa, Comas said the FN’s position had been unfairly caricatured by its enemies as racist and divisive when the party was simply trying to defend France’s national identity.

The FN has been heavily criticized locally for using the slogan “Marseille, not Algiers”, but Comas talked angrily of the Algerian national flag being unfurled at local weddings.

He stressed the FN’s support for freedom of worship, but accused local authorities of making too many concessions to Muslim leaders often more radical than their co-believers, notably in their handling of the construction of Marseille’s new mosque, often referred to as the “Cathedral Mosque”, because of its scale.

For Comas, the UMP and PS are interchangeable, lazily supporting a destructive globalization, foisting an unwanted European constitution on the French and failing to stand up to Muslim radicals. “Our civilization is losing its substance,” Comas complained. “Our moral values are disappearing. Immigration compromises our civilization and ruins our economy.”

The case for integration

Mats Karlsson, head of the Marseille-based Centre for Mediterranean Integration (CMI) takes a very different view. The CMI recently hosted a conference on “Responding to the Challenges of the Arab Spring”, looking at issues like trade, investment and employment. Karlsson draws parallels between the “Arab Spring” and the collapse of Communism in the former Eastern bloc, and says developments in North Africa should force the EU to speed up their plans for partnership.

“We have to think now, now, not mid-term,” Karlsson told IRIN, highlighting the importance of cross-Mediterranean ties, particularly in areas like fishing, tourism and disaster risk management. “The Arab Spring could signal an end to the crony capitalism which was blocking so much economic development in the past.”

Calling for a carefully managed integration, dialogue, the involvement of civil society and an end to corruption, he added: “If we are going to succeed after Ben Ali, after Mubarak, we are going to have to have a framework that has to be different. Economic transformation and regional integration are how you create peace, stability and find a way we can all live together in the future.”

cs/eo/cb source www.irinnews.org

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Missing those or that you love

Posted by African Press International on August 8, 2011

LIBERIA-COTE D’IVOIRE: “I really miss my mother – and my bicycle”

Julius and his caregiver Isabelle Baglé, who are now settling down in Janzon Axis village in Liberia

JANZON AXIS, GRAND GEDEH COUNTY, 5 August 2011 (IRIN) – When Ivoirian villages were attacked during the post-election violence, causing hundreds of thousands to flee, many children were separated from their parents.

“I fled with my older brother into the forest. I couldn’t find my parents. I had nothing with me – no shoes, no clothes, nothing,” said Julius, 13, from Bangolo in western Côte d’Ivoire, who is now living in a host village in Liberia, Janzon Axis, 24 KM from the Ivoirian border, with a caregiver called Isabelle Baglé.

Some children ran home from their schools when they heard gunfire – only to find their village abandoned. Others fled directly into the forest from wherever they were; while yet others lost their parents or relatives en route. Most are young children, though some babies were also left stranded.

“Babies may just be left behind when people flee quickly – and by the time you go back for them, it may be too late,” said Celestine Guèye, a refugee living next-door to Baglé.

Since the beginning of the year the International Committee of the Red Cross (ICRC) has registered 400 unaccompanied and separated children in Nimba and Grand Gedeh counties in southeastern Liberia. These are either children who are separated from their parents but accompanied by a relative, or children who are unaccompanied by any family members.

Save the Children child protection manager Iris Knuppel estimates there may be as many as 450 separated and unaccompanied children in Grand Gedeh, adding that the number could be higher given that only about 70 percent of the refugee child population has been screened so far. The NGO registers children to try to find them foster families en route to being reunited with their families by ICRC.

Julius’s older brother abandoned him in a village en route to the Liberian side of the border, leaving him alone. “Then we found each other,” he said, referring to Baglé, also a refugee with three children of her own, one of them a six-month baby. Together they reached Janzon Axis which was once home to 11,000 Liberians and now hosts an additional 27,000 Ivoirians, according to the UN Refugee Agency (UNHCR).

Julius is starting to feel at home here, said Baglé. When IRIN approached, he was helping to thatch the roof of what will soon be his new house, with palm fronds. The house is some 10 metres away from the home of Thomas Roo who has given them the land and permission to build.

“This is my new family,” said Julius, who looked down, and then said quietly, “but I really miss my mother – and my bicycle.”

Finding families

Thus far ICRC has restored contact between 100 children and their families, according to ICRC. A further 65 families in Côte d’Ivoire have requested ICRC to find their children. ICRC teams are currently working to reunite the families of 15 children, said protection field officer William Monde De Zeade.


Photo: Anna Jefferys/IRIN
Ivoirians in Janzon Axis cut wood to build new houses

Finding a parent is always the first option. If that does not work out, then they identify other close relatives.

Tracing delays partly come down to lingering instability in western Côte d’Ivoire which makes it difficult to send out teams, said Knuppel. But identifying children in the first place has been much more time-consuming here than in many crises because refugees are spread out over some 50 villages in Grand Gedeh alone, and are constantly on the move.  

“People are so spread out that logistics is a nightmare. It takes more money, is much more time-consuming and it takes much, much more effort,” Knuppel told IRIN. “We have to use two and half times the number of staff that we’d need elsewhere, to look for these children. It’s a headache.”

In the town of Zwedru, capital of Grand Gedeh, it took Save the Children over two months to identify 35 separated children. “There are 4,000 refugees amid a population of 29,000 – it is so hard to find them,” said Knuppel.

Often hardest of all to trace are the families of babies, said the ICRC’s De Zeade. “We take a photo and try to figure out where they might have come from by talking to the people who picked them up along the way. That’s all we have to go on.”

On the move

Many refugees go back and forth across the border to tend to their farms, or in and out of the town of Zwedru looking for work, according to aid agency staff. These fluid movements have made it very difficult to get accurate numbers on registration across Maryland, Nimba and Grand Gedeh counties.

ICRC and Save the Children have geographically mapped out different areas to screen children, and then try to refer cases to each other to ensure there is no duplication. All tracing cases are referred to ICRC, while training caregivers and foster families is left to Save the Children.

Particularly vulnerable children -for instance those who are being taken care of by teenage mothers, single parents, or by parents who already have many children, must be prioritized in the tracing process, said Knuppel.

Julius is slowly settling in, but he has not forgotten home. “As soon as the war is over, I want to go home and find my family,” he told IRIN.

Despite huge challenges, agencies do not give up on separated children, said Knuppel. Only this year, ICRC reunited an Ivoirian child who had been separated from his parents since 2004. “You don’t give up until you find a solution,” she said.

aj/cb source www.irinnews.org

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