Statement: Office of the Prosecutor on Lubanga sentence

By sentencing Thomas Lubanga Dyilo to 14 years in prison for the crimes of enlisting, conscripting and using children under the age of 15 to participate actively in hostilities, International Criminal Court judges have sent a clear message to perpetrators of crimes: you will not go unpunished.  The Prosecution had requested a longer sentence in line with the gravity of the crimes and the aggravating circumstances. The Prosecution is now studying the Judgment in detail and will consider whether or not to appeal.  The Prosecution is also expecting to hear the judges’ decision on reparations in order to ensure the victims of Lubanga’s crimes see the full-scale of justice. 

The ICC’s Prosecution continues to conduct investigations in the situation in Eastern Democratic Republic of the Congo (DRC) where violence is still ongoing and escalating. The local populations including children continue to be exposed to the dramatic consequences of war at the hands of armed groups supported by regional actors. Civilians are used as a bargaining tool in the search for power and economic gain. In the context of this situation, an arrest warrant was issued in 2006 by the Court for Bosco Ntaganda who is among those responsible for this situation. The Prosecution has recently asked for new charges of crimes against humanity and war crimes to be brought against him, including for murder, persecution, intentional attacks against civilians, rape and sexual slavery and pillaging. Recent information has surfaced that a new group called M23 associated with him has reverted to violence and armed confrontation against the DRC army. As a consequence civilians pay the highest price. This is unacceptable and must end. Those responsible for these crimes should be isolated, arrested and brought to justice.  This is the only way to put an end to this vicious cycle of violence, reprisals and attacks against the civilian population in Eastern DRC.

Source: Office of the Prosecutor

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Thomas Lubanga Dyilo sentenced to 14 years of imprisonment

Mr Thomas Lubanga Dyilo in ICC Courtroom I for his sentencing hearing on 10 July 2012 © ICC-CPI/ANP/Jerry Lampen

Today, Trial Chamber I of the International Criminal Court (ICC) sentenced Thomas Lubanga Dyilo to a total period of 14 years of imprisonment. The Chamber, composed of Judge Adrian Fulford, Judge Elizabeth Odio Benito and Judge René Blattmann, also ordered that the time from Mr Lubanga’s surrender to the ICC on 16 March 2006 until today should be deducted from this sentence. Mr Lubanga Dyilo was found guilty < , on 14 March 2012, of conscripting and enlisting children under the age of 15 and using them to participate in hostilities in the Ituri region in the Democratic Republic of the Congo, from 1 September 2002 to 13 August 2003.

The Presiding Judge, Adrian Fulford, delivered a summary of the Trial Chamber’s decision during an open hearing held today. He explained that the Chamber considered the gravity of the crimes in the circumstances of this case, with regard, inter alia, to the extent of the damage caused, and in particular “the harm caused to the victims and their families, the nature of the unlawful behaviour and the means employed to execute the crime; the degree of participation of the convicted person; the degree of intent; the circumstances of manner, time and location; and the age, education, social and economic condition of the convicted person”.

He highlighted that the crimes for which Mr Lubanga has been convicted, comprising the crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities, are undoubtedly very serious crimes that affect the international community as a whole. The Presiding Judge added that the “vulnerability of children mean that they need to be afforded particular protection that does not apply to the general population, as recognised in various international treaties”.

Judge Fulford indicated that the Chamber has, however, reflected certain other factors involving Mr Lubanga, namely his notable cooperation with the Court and his respectful attitude throughout the proceedings. 

Judge Elizabeth Odio Benito has written a separate and dissenting opinion on a particular issue. She disagrees with the Majority’s decision to the extent that, in her view, it disregards the damage caused to the victims and their families, particularly as a result of the harsh punishments and sexual violence suffered by the victims of these crimes.

End

source ICC

MOGADISHU,  – Hundreds of families from villages in Somalia’s Bal’ad District, in Middle Shabelle Region, have been displaced following recent fighting between African Union Mission in Somalia (AMISOM) and Transitional Federal Government (TFG) forces and Al-Shabab insurgents, say officials.

“Our settlements are now the front line between the AMISOM/TFG alliance forces and Al-Shabab and we don’t know where to go,” Hussein Mayow, a father of six, told IRIN.

The displacement followed 25 June clashes in Bal’ad, about 40km northwest of Mogadishu, with the worst affected areas being the villages of Wala-Moy and Hamar-Daye, said an official with the Ministry of Labour, Social Affairs, Youth and Sport, who preferred anonymity.

Wala-Moy residents were displaced in an Al-Shabab retaliatory attack following civil strife there. “Al-Shabab forces came [to] the village and killed the man who led the civil disobedience and wounded two others and the other people fled from the village to the neighbouring forest[ed] areas,” the official said.

“About 560 families, out of the 1,000 families displaced by the war in Bal’ad, have now reached Mogadishu and the remainder are in villages such as Mukudhere, Hawadlay and Jame’ad and no aid has been distributed yet,” said Sheikh Ahmed Sheikh Abukar, a TFG member of parliament.

Abukar said displaced people now need “shelter, food and non-food items”.

At least 18,000 people were reported to have fled following the start of an AMISOM/TFG military operation in the Afgooye corridor, near Mogadishu, on 22 May, according to a 16-30 May Somalia update by the UN Office for the Coordination of Humanitarian Affairs (OCHA). 

maj/aw/cb
source www.irinnews.org

Photo: IRIN

Nineteen members of ex-rebel leader Pastor Ntoumi’s party will run in Congo’s July legislative elections

BRAZZAVILLE,  – Shaken by sporadic civil war between 1998 and 2003, the Pool Region of southeastern Congo is moving forward thanks, in part, to a US$1 billion state infrastructure development programme.

Starting this year the new funding will allow an “accelerated municipalization” programme, meaning the construction of roads, bridges, schools, military barracks, police stations, health centres, electrification and water supply systems, and even sports facilities.

Meanwhile, a number of former rebels from the region are running for parliament in the 15 July elections, offering renewed hope that Pool is turning its back on conflict.

Starting this year the new funding will allow an “accelerated municipalization” programme, meaning the construction of roads, bridges, schools, military barracks, police stations, health centres, electrification and water supply systems, and even sports facilities.

All 13 districts of Pool (population 350,000) will benefit, say officials. Some of the funding will go towards marking the country’s 52nd anniversary of independence on 15 August.

Pool’s capital, Kinkala, is to get 21km of additional paved roads.

“To date, projects related to Independence Day, including the boulevard that will host military and civilian parades, the presidential lounge, and a heliport accommodating up to five helicopters, are proceeding smoothly,” said Minister of Planning Pierre Moussa.

“There are some sites to be delivered before 15 August and we have visited them. We think that half way through we are pleased with progress to date,” said chief project coordinator Jean-Jacques Bouya.

A 7,000 seat stadium is on track to be completed by a Chinese company. “Sport always reconciles suffering people more than other initiatives,” said the prefect of Pool, Col Jean-Michel Sangha.

Since the end of the civil war, only one large infrastructure project has been completed in Pool: construction of a 68km road between Brazzaville and Kinkala costing US$64 million and funded mainly by the European Union.

“The more roads are built for us, the more we are encouraged to produce, get our produce to major centres, and above all emerge from the misery of war,” 52-year-old farmer Albert Missié told IRIN.

Breadbasket

The civil war turned Pool from being the “breadbasket of Congo” into an area dependent on food from others.

“Our food comes more from neighbouring regions, Brazzaville and Pointe Noire. We believe that with everything that is being done we will regain our status as a great producer,” said Sangha.

Pool regained peace in 2003. At the end of 2009, ex-rebel leader Pastor Ntoumi left his bush hideout to take up a post in Brazzaville as delegate general in charge of promoting peace and repairing the damage caused by war.

To strengthen peace and the social reintegration of 5,000 ex-combatants who used to support Pastor Ntoumi, the government has just distributed building materials to each one to help them reconstruct their homes. “We ask them to use them wisely, and not re-sell them,” said Sangha.

Nineteen members of Ntoumi’s former rebellion, the Conseil national de la résistance (CNR), also known as the Ninjas, are due to run in the July legislative elections.

“We always said ours was a people’s movement. We are Congolese keen to take part in the reconstruction of our country by being present in decision-making bodies,” said Jean-Antoine Walembaud, secretary-general of the CNR, which has morphed into a political party – with the “R” now standing for “republicans” rather than “resistance”.

“What could be more normal than seeing a former rebellion engaging in the political process? It has left the war behind and espoused a peace cherished by a population bloodied by war,” said Albert Taty, president of the Association for Peace in Congo.

Vast numbers of civilians fled Pool during the conflict; but most have now returned, according to the government.

lmm/am/cb source www.irinnews.org

Photo: Lukexmartin/Flickr

Despite new laws, girls remain potential victims of tradition

ISLAMABAD,  – Despite the placing on Pakistan’s statute books of tougher laws against the practice of `swara’ or the “giving away” of a woman to a rival party to settle a dispute, the tradition continues.

The women’s rights advocacy organization Rahnuma, which guides victims, describes `swara’ as a practice “where a girl is given as an offering to `settle’ a conflict or dispute.” The practice is most common in Khyber Pakhtoonkhwa Province (KP) and the southern Punjab, where it is known as `vani’, but also takes place in other parts of the country.

A `swara’ exchange can be used to settle murder, adultery (a crime under the law), kidnapping or another offence.

In 2004, parliament passed the Criminal Law (Amendment) Act under which amendments were made to the Code of Criminal Procedure (CrPC) and the Pakistan Penal Code making `swara’ and similar practices a crime. Section 310A, which covers the matter, was inserted in the PPC and reads: “Whoever gives a female in marriage or otherwise `badal-e-sulah’ [in exchange for peace] shall be punished with rigorous imprisonment, which may extend to 10 years but shall not be less than three years.”

The legislative action came about at least in part due to awareness on the issue being raised by an award-winning 2003 documentary entitled Swara: Bridge Over Troubled Waters made by Samar Minallah, an activist and documentary film-maker who at the time also filed a public interest litigation case before the Supreme Court of Pakistan against `swara’. The case is continuing.

“Yes, the laws have helped but `swara’, `vani’ and similar practices still go on,” Minallah told IRIN. “Estimates based on newspaper reports indicate there are hundreds of cases each year. Of course, there are many others which do not get reported,” she said.

She also said that tougher laws and arrests made under them had “led to people disguising the handing over of a woman or girl. The deal is not announced within the community as a `swara’ or `vani’ marriage, though within the families concerned it is known that the woman has been given away as `swara’ and is treated accordingly,” Minallah said.

Slaves

While `swara’ brides are wed to the men they are given to, these men are usually far older than the “brides”, who are often mere children.

The girls are also usually treated extremely badly or “like slaves”, according to Minallah, in the home of their in-laws.

Practices like `swara’ continue here, in Dir and elsewhere because it takes more than laws to change the way people behave. Much more awareness and the general empowerment of women are needed, if we are to see real change

There has since 2004 been a further toughening of the law. In December 2011 parliament passed a series of legislative measures aimed at improving the situation of women. One relevant clause states: “Forcing a woman into marriage for settling a dispute to be a non- bailable offence.”

The superior courts in the country have also taken up the matter with the Peshawar High Court noting that existing laws included in the PPC were insufficient, and directing the KP government to enact a special law to deal with the issue. The court was hearing a case filed by a plaintiff from Upper Dir District who said his father and brother had been killed for refusing to hand over his minor sister as `swara’.

Meanwhile, the Supreme Court, which is hearing Minallah’s petition, has said laws against the practice need to be implemented effectively.

Experts agree. Shaukat Salim, a lawyer and human rights activist based in Swat, told IRIN from Mingora, the principal city of the district: “Practices like `swara’ continue here, in Dir and elsewhere because it takes more than laws to change the way people behave. Much more awareness and the general empowerment of women are needed, if we are to see real change.” He said many people in rural KP were not even aware of the laws and acted as they had for centuries.

“Honour killings”

Other “traditional” practices also harm women. According to the autonomous Human Rights Commission of Pakistan (HRPC), there were 943 “honour killings” in 2011. An “honour killing”, according to HRCP, involves the murder of a woman who is deemed to have let down her family, or “dishonoured” it in some way. This can involve an act such as alleged adultery, a marriage decided on by the woman herself or other trivial matters. Couples choosing to wed by choice frequently end up having to go on the run, as in a recent case reported in the media from Karachi in June this year.

The kinds of threat women face was illustrated by a recent case from the remote Kohistan District of KP where four women were sentenced to death by a local `jirga’ (gathering of tribal elders) after being caught on video clapping as two men unrelated to them danced at a wedding. The matter was taken up by the Supreme Court, which sent out two fact-finding missions to the Pattan area in Kohistan. Farzana Bari, a women’s rights activist who formed a part of both missions told the media “she could not endorse” the identity of the women she had been shown. Many questions still remain over the matter.

Child marriages

“Custom” or “tradition” also works against women in other ways.

According to figures presented at a seminar in Karachi by the Family Planning Association of Pakistan, 30 percent of all marriages in the country are child marriages though the law bars the marriage of a girl under 16 or a boy under 18. Civil society organizations have been demanding major reforms to the law which dates back to 1929.

“I was married when I was 11. I lost my childhood forever, but times must change and I will not allow my three daughters to be married off before they are adults,” said Sadiqa Bibi, a washerwoman and mother of five by the time she was 20.

kh/cb
source www.irinnews.org