http://www.pambazuka.org/images/articles/355/mar20_01_liberianature.gif… blog on natural resource issues in Liberia by
reprints an article which questions why American presidential candidates are ignoring Africa:

“Fraught with intractable violence, interminable disease and abject poverty, Africa is traditionally observed by policymakers through a humanitarian lens. However, the continent's emerging geo-strategic importance transcends such condescending colonial overtones to command the attention of the United States beyond the moral, humanitarian and security imperatives.

Distracted by long-winded plans to end the war in Iraq, one is hard-pressed to detect any semblance of serious interest on the websites of American presidential candidates that goes beyond ending the genocide in Darfur or supporting HIV/Aids initiatives in Africa…

The US strategy of indifference towards Africa's ever-growing importance is counterproductive and potentially dangerous…

To believe that one leader's ‘audacity of hope’ can transform Washington's audacity of indifference first requires all citizens to become the change they want to see. Americans deserve to hear more from their presidential hopefuls about their vision regarding the land of hope, Africa.”

http://www.pambazuka.org/images/articles/355/mar20_02_afrodissident.gifhttp://www.pambazuka.org/images/articles/355/mar20_03_rakotomalala.gifRakoto Malala writes about an ongoing campaign to end early marriage practices in Ethiopia:

“As part of International woman’s day, several prominent Ethiopian artists came together to fill a 100-meter-long canvas with new paintings that promote the campaign to end early marriage practices in Ethiopia. 30 artists including Desta Hagos, Alem Teklu and Bekele Mekonen contributed to the painting that was part of events organized by UNFPA in collaboration with the Ministry of Youth and Sports, Population Council, and the patronage of Azeb Mesfin, wife of the Ethiopian prime minister the UNFPA representative noted that:

‘Early Marriage is one of the prevalent forms of gender-based violence in Ethiopia with negative consequences on women's and girl's reproductive health, including maternal deaths, fistula, HIV/AIDS and other negative psycho-social problems’ …
…
Studies showed than 50% of young girls fifteen or younger are forced into marriage in the province of Amhara alone despite the legal marriage age being set at 18.
However, the representative pointed out in her speech that the Ethiopian Government has made the fight against gender inequality a top-priority and that great improvements have been achieved.”

http://www.pambazuka.org/images/articles/355/mar20_04_myblogcatchup.gifKatch Up comments on President Gaddafi’s recent statement that President Museveni of Uganda should rule as long as he is popular:

“I find it OK if you ask me. Gaddafi has a maxim that if you are popular with your people why leave them hanging? Why not give it to 'em all the way to the end?...

Reigning till kingdom come would thus be better but if. Only if the ruler is accountable enough. Kagame and Museveni are resplendent in the cloak of democracy but they don't practise it. They jump in whenever it is convenient to sort things out regardless of some funny laws that are only there to be obeyed without serving the public.

The problem is finding this leader who can be trusted. If we can then I go Gaddafi’s way. In Africa a home should always allow a father to streamline things but reasonably. Those who lord it unreasonably are not the example here.

Museveni and Kagame are not the perfect guys here but they are the closest I get to my support for the idea of putting democracy in books but bending it when a good reason comes over.”

http://www.pambazuka.org/images/articles/355/mar20_05_siasaduni.gifSiasa Duni focuses on President Museveni’s reaction to land claims by the Kingdom of Buganda:

“In what has now come to characterise the President's speeches on the land question in the country, Museveni took another swipe at Mengo, the seat of Buganda Kingdom, describing officials pushing for the return of the now obscure 9,000sq miles of land, as opportunists. "I normally tune in to CBS (Buganda's radio -Central Broadcasting Service) when I have time. And you hear all this trash. They are just opportunists whose intention is only 'naalira wa?' (What is in it for me?)," he said. Museveni took time off to remind delegates that his administration reinstated traditional and cultural institutions in the country, with the sole aim of reviving lost glory and custom, before concluding that the traditional leaders have failed "and I will oppose them because I am still here."
[…]
Only last week, the Coordinator of Security Services in the country, Gen. David Tinyefuza, told Parliament that the army will not hesitate to intervene in settling civil strife in the country, a proclamation that has now been understood as a warning to anyone who stokes tribal hatred over the land debate.

Already, Buganda and the central government have locked horns over the proposals which the latter believes will help curb incessant illegal evictions in the country. Mengo insists it will only legitimise land grabbing. Commenting on the land debate, Museveni said "the talk about tribalism and division is absolute nonsense and we shall oppose them."

http://www.pambazuka.org/images/articles/355/mar20_06_grandioseparlor.g…http://www.pambazuka.org/images/articles/355/mar20_07_dibussi.gif

I recently came across an interesting article about the recent wave of riots that have rocked a number of countries, which gives credence to Abrahamsen's argument. Thus, while acknowledging the well-documented internal / political reasons for the recent riots in Cameroon, the article also points to externally-dictated liberal economic policies as one of the main culprits. Which leads us to wonder - rhetorically of course - if Cameroon is now being run ("governed" would be an inappropriate word in these circumstances) from Washington, DC by donor agencies...”

* Dibussi Tande, a writer and activist from Cameroon, produces the blog Scribbles from the Den

* Please send comments to [email protected] or comment online at http://www.pambazuka.org/

African governments have often praised Chinese investment as the panacea for their infrastructure sectors. Zambia’s experience demonstrates that it is not, writes Peter Bosshard. A Chinese hydropower project on the Kafue River has brought up the whole conundrum of financial problems, environmental impacts, hydro dependency and delays that is typical for large dams.

The African Union (AU) has issued a communiqué this week condemning “the continuous deadly and indiscriminate attacks against civilian areas in Gaza Strip committed by the Israeli occupying forces”, which it claims constitute systematic violations of the human rights of the Palestinian people and are contrary to humanitarian law. In peace and security on the continent, informal consultations with regional and international observers and partners on the situation in Darfur were led by the AU and United Nations (UN) peacekeeping forces in an attempt to bolster the political process, which may also gain momentum following the signing of the Dakar peace agreement during the Organization of the Islamic Conference between the Sudanese and Chadian presidents. The agreement, which is the “sixth peace accord in six years” between the two actors, makes provision for a monthly contact group to monitor compliance led by Libya and the Republic of Congo. Also, this week, the conflict in Anjouan seems to have reached new heights with the AU stating that it has exhausted all opportunities to end the political dispute that ensued following elections in June 2007. An African force composed of troops from Tanzania, Senegal, Sudan, Libya and Comoros is on standby for likely military intervention. Further involving the military and security architecture in Africa, General William “Kip” Ward, head of the United States Command for Africa (Africom), addressed the U.S Congress in a speech that focused on Africom’s military rather than humanitarian role in contrast to earlier pronouncements. This shift in emphasis comes as a relief to some humanitarian agencies who feared greater U.S military involvement would put the neutrality of humanitarian assistance in jeopardy.

In trade and development news, a conference of African Ministers of Trade and Finance will take place in early April in Addis Ababa. The meeting will focus on: interim agreements and regional integration in Africa; elements of African common positions in the forthcoming high level engagement with the EU; aid for trade; and the consideration and adoption of the Draft Decision/Declaration on the way forward on EPA negotiations. The African Development Bank (AfDB) has approved a line of credit of fifty million U.S dollars and an equity capital increase of US$6.8 million (payable), as well as US$40.8 million (callable), to support the Eastern and Southern African Trade and Development Bank, which provides development financial services, including trade and project financing. In addition, a one million dollar grant for institutional capacity building for the Bank is being provided by the AfDB-managed Fund for African Private Sector Assistance. AfDB also held a conference aimed at increasing the competitiveness of African middle-income countries (MICs) in Cairo, Egypt. The conference is focusing on three areas of competitiveness: the investment climate, science and technology and infrastructure, and is expected to conclude with actionable recommendations for the support of African MICs by multilateral development banks and development partners. Lastly, a summit will be held in April in Mumbai, India, with the said objective of enhancing partnership between India and Africa in achieving the Millenium Development Goals.

In East Africa this week, President Gaddafi of Libya, along with other Heads of States, is visiting Uganda at the close of the Afro-Arab Festival. While the aim of his visit is philanthropic and includes the opening of a mosque in Kampala, it is expected that Colonel Gaddafi and President Wade of Senegal will use their visit to rally support for the union government proposal after President Museveni surprised observers at the African Union by endorsing a gradualist approach to continental unity. In addition, “Col Gaddafi’s first visit to Uganda in seven years underscores Libya’s growing portfolio of investments in the region and the political and economic weight it wields and is increasingly willing to use to acquire and defend its interests in the region and across the continent”. Lastly, as Kenya continues to grapple with the causes and impact of the recent post-election violence, the Peace and Security Council of the AU has called for a comprehensive review of electoral procedures across the Continent while Professor Oluyemi Adeniji, who took over from Dr Kofi Annan as the chief mediator in the Kenyan mediation process, has said of the commission of inquiry investigating the contested December elections that "determining the culpability of some of the participants is going to be a daunting task". It is also expected that the AU will soon undertake a review its Declaration of Principles Governing Democratic Elections.

Dear All,

We are approaching one of the most important moments in our fight for a strong Optional Protocol. TheUN Open-Ended Working Group on an Optional Protocol to the ICESCR is meeting for its final session from 31 March to 4 April 2008. We are hoping that the Working Group can conclude its negotiations and submit a final version of the Protocol to the Human Rights Council for adoption. After being approved by the Council, the text of the Optional Protocol will be sent to the UN General Assembly for adoption and opened up for ratification by states.

The Optional Protocol will make it possible for individual, groups or organizations acting on their behalf to seek justice at the international level for violations of economic, social and cultural rights by submitting complaints to the UN Committee on Economic, Social and Cultural Rights. The adoption of the Optional Protocol will also provide support to efforts to get greater recognition of economic, social and cultural rights in domestic law and before courts, and will strengthen our monitoring role, as civil society organizations.

Some states however are continuing to push for the adoption of a so called ‘à la carte’ Optional Protocol, under which states would be able to treat the ICESCR as a menu of rights and specify which rights they would be willing to accept complaints on. As the majority of states support a comprehensive instrument that covers all levels of rights and obligations in the ICESCR, the few states who are not willing to accept such an instrument have to be lobbied to change or reserve their position. Some states are also pushing for the inclusion of additional admissibility criteria such as the requirement that a complainant demonstrates that he/she has suffered “significant disadvantage” and to set a very high threshold for the Committee to find a violation. There is a risk that this small group of states may be able to prevent the Working Group from completing its work at this session or that a much weaker text will be adopted, which would make it harder for victims to access remedies.

The NGO Coalition for the Optional Protocol on Economic, Social and Cultural Rights has prepared an appeal (attached with this e-mail) that will be sent to Austria, Australia, Canada, Denmark, Greece, Ireland, the Netherlands, New Zealand, Sweden, Switzerland, and the United Kingdom to lobby them to change or reserve their position.  It is essential for the success of our lobbying that we can demonstrate that this appeal and the Optional Protocol have wide support. We would therefore request you to sign on to this appeal either as an individual or an organisation.

If you are willing to sign it, please send an email back to [email protected], indicating your support by March 13, 2008. The next session will start at the end of the month and we must convince governments to change their positions before that.

We hope you will seriously consider being part of this initiative as well as taking further action in the next and crucial steps for the adoption of the Optional Protocol.

For Koulsy Lamko, France is at the center of war in Chad. He argues that France's central presence in Chad is only facilitating the continued fleecing of resources by a corrupt Idriss Derby government. The rebel leader, he concludes is only vying for a slice of the national cake

It would take a very wise man to understand and untangle the mess that is France foreign policy towards Chad. Regular observers would not be surprised by the erratic nature of the relationship over the decades; but the latest event in Ndjamena clearly demonstrate the inconsistent nature of a cynicism.

France coming to the aid of Idriss Deby, her protégé is simply history repeating itself. Over the last two decades, France has propped up a corrupt clannish regime that has shown its inability to improve the lives of its citizens. This is a regime that has ruled through terror, electoral fraud, manipulation of the elite and the politicized classes, intimidation of civil society, widespread corruption, and the diversion of public funds to military expenditure, among other things. That France should continue to prevaricate and gloss over these problems while continuing to trample over the fresh corpses of innocent Chadians is indeed lamentable.

Over the last three decades France has carried out a policy of propping up warlords and pillagers. By giving unconditional support to these mediocre and illiterate soldiers and predators governed by clan interest, she has consolidated the notion that power is only achieved through the barrel of a gun, while at the same time destroying any future hope for true independence.

For Chadians interested in peace, Idriss Deby and rebel leaders Timran Erdimi and Mahamat Nouri are birds of a feather – Members of the same family fighting for a slice of the same cake: political power and control of petroleum, which remains the country's only source of revenue following the destruction of industry and the food-processing sector! Politicians lacking in nationalist vision or ideals, devoid of direction and upon whom countless political and economic indictments can be heaped!

The fact that one could cling to power to the point of barricading himself right in the midst of hapless citizens held hostage in the conflict, while his assailants only war cry is that they “ want a power-sharing deal” reveals the ignoble intentions of all involved.

While one side cosies up to Franco-Africa, the other side lets itself get sucked by Sudan into the Darfur crisis, plunging the people of Chad in even deeper misery. Chad 's long suffering is evident when one traverses its deserted towns and villages. The Zoe's Arch incident is proof of this; what parent, however poor and desperate, would agree to hand over his or her child to a stranger? Here, illiterate warlords extract tribute and rule over oppressed populations, exercising limitless power. The media is spectacular in its mediocrity, and the few independent press who dare to speak up suffer the wrath of Deby's autocratic rule.

The French army has for along time monitored troop movements across the country. This time, admittedly, they were caught unaware by the advancing rebels whom the French media had previously given ample coverage. The official statements that followed; “France is Neutral”, then “France is not entirely neutral”, and finally “France will support the legitimate government of Chad, and take on its responsibilities” clearly demonstrate the cold-blooded duplicity that has characterised its involvement with Chad over the years. As the rebels advanced, it seemed as if victory was theirs for the taking. And they were quick to point out very loudly that France's interests would be “safeguarded, if not better protected”. Then just as suddenly, a counter -offensive is executed and the rebels are defeated. One wonders what could have weighed so heavily in Deby's favour: negotiations on the exploitation of oil resources in the Middle Chari region? The die is cast!

The fact that hundreds of Chadians died, thousands were injured and tens of thousands displaced is of little concern to the French government and its Special forces. Strategic geographical concerns, control of oil and other mineral resources and the maintenance of a “civilizing influence” are stakes too enormous for “La Metropole” to concede. In Franco-Africa, there is no price to high to pay, even if it comes at the cost of hundreds of thousands of lives. The Rwanda genocide speaks volumes on this count.

If Sarkozy was cynical enough to demand the release of the Zoe's Arch six while Chad was mourning her dead, he should have demanded the release of opposition leaders whose only crime was to dream of a new political dispensation based on constitutionalism, in the midst of military occupation and neo-colonialism aggravated by rapacious clanism. What is France doing in Chad? One would be hard put to come up with an answer! Defence Minister Hervé Morin's pussyfooting and grinning in N'djamena speaks volumes.

It would indeed be tragic if the divvying up of resources between partners and relatives was the sole cause for a putsch. These complicit politicians are still in some way players in Chad's democratization process. It is imperative that France stops its meddling. It must allow for a national dialogue to take place, for recent events to be laid bare and for a truth and reconciliation process to begin, so that the people of Chad can freely choose their leaders.

Translated by Joshua Ogada.

* Koulsy Lamko is currently Director of the University Centre for Arts and Drama in Butare and teaches Creative Writing and the Performing Arts at the National University of Rwanda.

**Please send comments to or comment online at www.pambazuka.org

Mr. Bropleh is a wise man [A Cultural Paradigm for Liberia's Reconstruction, There is a saying that a person does not know where they are going until they know from where they’ve come. Personal and national pride comes from truly knowing oneself and one's history. We lose our uniqueness, our flavor, when our culture is diluted to a point where it’s non-recognizable. How do you stand out when you've become like everyone esle? What do we teach our children about Liberian History when we don't know it ourselves? Here's to hoping that the current/future leadership and educators guide the young minds in the history, art, and culture that produce national pride and thereby, self pride.

The following is only a short exerpt of Souls Forgotten. The extend article can be found at the link below.

Four years have gone by since disaster struck the villages of Abehema, Tchang and Yenseh, killing over 2000 peasants and tens of thousands of livestock. Life has not returned to normal for most of the survivors now scattered all over Chuma Division and beyond, but they all seem resigned to their abnormal way of life. They are resigned to being ignored when they complain of heartburn, eye lesions, nerve problems, dying muscles, and paralysis. They have waited long for resettlement, rehabilitation or return from living and partly living, but they have waited in vain.

Four years ago when disaster struck, their fellow Mimbolanders came to their rescue, and so did the outside world. Then, although charred and burnt and roasted, even the most desperate of them found reason and determination to keep hope alive, which they did exceptionally well. This hope started fading only weeks after the immediate flare and universal gestures of solidarity and concern had died down.

The bulk of the victims were temporarily accommodated in camps and tents in Abeghabegh, Kakakum River, Pukafong and Hepalem, while men of science competed with one another to divine the causes of the disaster, ignoring whatever diviner-healers like Wabuah had had to say on the matter. They were determined to force feed Mimbolanders with their conviction that they knew best, and that only their ‘scientific’ opinion would have to count at the end of the day. To them, Wabuah and his likes were simply much too superstitious and illiterate to have anything to contribute. How could they be so insensitive as to deprive Science of the opportunity to be baffled by the fact that it was not in the nature of lakes to simply rise up and wipe out thousands of people and tens of thousands of livestock?

That was four years ago. Today they are still waiting, waiting with fading hope for the scientists’ famous master verdict. The diviner-healers pronounced theirs a long time ago, but no one in high office would listen to them, being schooled in science as modern politicians and civil servants all pretended they were. Waiting for the scientists seems like waiting for eternity. Three years ago, international experts in matters of gases, lakes and volcanoes met, deliberated and separated without agreeing on the causes. Wabuah and his fellow diviner-healers did not meet the criteria for invitation to participate in the conference, which was held under their very noses. The government of enlightened politicians and bureaucrats has repeatedly rejected the verdict of the diviner-healers for being “primitive and superstitious, and for taking Mimboland back to the dark ages prior to colonisation,” but their hopes for “more scientific explanations” are yet to be fulfilled by the high priests of modern science.

Yav Katshung Joseph argues that as truth commissions multiply around the world it is important to look at their relationship to prosecutions and justice in an immediate and historical sense. Are TRC's designed to generate more truth, more justice, reparations, and genuine institutional reform? Or are they designed to undermine the State’s and society’s legal, ethical and political obligations to their people?

INTRODUCTION

http://www.pambazuka.org/images/articles/354/46719truth.jpgTruth commissions have been multiplying rapidly around the world and gaining increasing attention in recent years. They are proposed for different reasons and driven by diverse motives. They can be used firstly, for the purpose of national reconciliation and in the interests of the society; secondly, sometimes they can be used to avoid accountability or prosecution and merely to shield an offender from justice. Following recent outbreaks of violence in the aftermath of Kenya's presidential election last December, stakeholders continue to make strides toward peace. Parties have agreed among other things to a Truth, Justice and Reconciliation Commission, which will be established through an Act of Parliament. The Commission will inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. It will also inquiry into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. Other historical injustices shall also be investigated. The commission will primarily focus on events dating back to independence, December 12, 1963 up to February 28, 2008. However, it will as necessary look at antecedents to this date in order to understand the nature, root causes, or context that led to such violations, violence, or crimes. This gives us opportunity to share views on adequate truth commissions and their relationship with prosecutions.

TENSIONS BETWEEN TRUTH COMMISSIONS AND PROSECUTIONS

Very often, when a country wishes to move from dictatorship to democracy or from war to peace, various ways may be tried and these include trials in an international or national court of law and non-punitive approaches such as truth commissions. Thus, “…a country’s decisions about how to deal with its past should depend on many things: the type of dictatorship or war endured, the type of crimes committed, the level of societal complicity, the nation’s political culture and history, the conditions necessary for dictatorship to reoccur, the abruptness of the transition, and the new democratic government’s power and resources [1].” One may adds the “interests” of the country.

Different countries have chosen widely different strategies to deal with the past including prosecutions in one hand and, truth commissions and other non-punitive approaches, in the other. Although justice is crucial after violations of human rights, it may not be possible or practical. International tribunals are useful, but they are not the full solution. They are hugely expensive and can try only a small group of perpetrators, the most “responsible”. Ironically, many times, those who are tried are not the most responsible but the most “available” in the country. Therefore, justice becomes extremely selective and seems to be the way of granting de facto amnesty to those who fled the country and those responsible. Then come the necessity of other non-judicial mechanisms such as truth commissions not as a panacea for all the challenges of transition, or an alternative, but as a complement way to be used by broken societies, in order to bring the benefits of justice to the victims and to the political culture.

However, this is challenging and there are always tensions between the requirements of the criminal justice system and those of non-punitive approaches to gross and systematic human rights violations. Rightly, Charles Villa-Vicencio pointed out that, “the tension between justice and reconciliation and revenge, prosecution and amnesty is grounded as much in principled debate as in a tug-of-war between deep emotions, unresolved memories and uncertain futures. It is a tension that is best not collapsed into an attempted neat synthesis of a complex set of contradictions. The contradictions need to be sustained. The demands of the one side need to impact on the other. It is through honest encounter that opposing groups stand the best chance of knowing that they need one another. It is then that new possibilities begin to be imagined-and sometimes realised [2].

DOMESTIC TRUTH COMMISSIONS AND PROSECUTIONS: REACHING FORWARD

Truth Commissions are established to officially investigate and provide an accurate record of the broader pattern of abuses committed during repression, civil war and unjust periods. There have been more than thirty truth commissions worldwide, including in Sierra Leone, DRC, Morocco, and more importantly South Africa. “Truth commissions today”, according to Jose Alvarez, Professor of International Law at Columbia University, “are inescapable tools in establishing the truth of past crimes and a means for victim recompense and instruments to promote peace and reconciliation.”

Most recently, the United Nations Secretary-General’s report on “The rule of law and transitional justice in conflict and post-conflict societies” praised them as “a potentially valuable complementary tool in the quest for justice and reconciliation” and in “restoring public trust in national institutions of governance [3]”. The increased interest in truth commissions is, in part, a reflection of the limited success in judicial approaches to accountability, and the obvious need for other measures to recognise past wrongs and confront, punish or reform those persons and institutions that were responsible for violations. Successful prosecutions of perpetrators of massive atrocities have been few, as under-resourced and often politically compromised judicial systems struggle to confront politically contentious crimes. With an eye on building a human rights culture for the future, many new governments have turned to mechanisms outside the judicial system to confront, as well as learn from the horrific crimes of the past [4].

However, a truth commission should at the same time never be allowed to circumvent international human rights law or, more specifically, to ignore the punitive demands of the criminal justice.

Related to the South African case, where there was a Truth and Reconciliation Commission (TRC) with a possibility to grant a conditional amnesty [5] in exchange of a full disclosure and shown remorse, could we say according to the Rome Statute that, the TRC decisions or proceedings were taken for the purpose of shielding the person concerned from criminal responsibility?

One should take into account and acknowledge that the South African TRC was democratic and genuine. The purpose was not to shift or to hide someone or a group from prosecution. It was in the interest of peace, reconciliation, etc. In my view and for many others, the South African TRC was not there to shield perpetrators but to seek the truth for national reconciliation. South Africa acted in good faith; the TRC was established by the best efforts of negotiators to end violations of human rights. This is justice, to my view and I may say in the interests of the entire country/society, not in the interest of prosecuting some few and not others, and still walk free as if they were granted de facto amnesty.

Emphasising this argument, Juan Mendez, stated that:

“In most parts of the world, the South African example stands out as an attempt to achieve reconciliation and forgiveness without impunity. Others decry the fact that most perpetrators of the worst crimes of apartheid did evade justice. In my view, however, the South African exercise with truth, justice and reconciliation is notable for its insistence on hearing the victims, consulting with all members of society, allowing participation by all stakeholders, and conducting the exercise in complete transparency. It is in this sense that the South African example continues to inspire all those who decide to turn a page in a country’s history without forgetting the plight of those who suffered [6].”

Therefore, we may pause with Naomi Roht-Arriaza that, if perpetrators appear before an independent and democratic truth commission that hears applications for conditional and accountable amnesty, they should not face prosecution by the ICC. In this case, amnesty (conditional) is granted for the purpose of domestic reconciliation and not to shield him/her/(the perpetrator) from criminal prosecution [7]. However, can all truth commissions have the same purpose of not shielding perpetrators? It is important to draw the line in order to avoid some contradictions between truth commissions and prosecutions. The next point will deal with that.

THE QUESTION OF ADEQUATE TRUTH COMMISSIONS IN ORDER TO COMPLY WITH INTERNATIONAL STANDARDS

We should ask ourselves if all truth commissions should be considered as genuine and serve the interests of the country. As we may know, in some countries the purpose of a truth commission may be not genuine and reasonable. This is challenging and it will be useful to deal at the case-by-case level. Rightly, Professor James Crawford of the University of Cambridge has said in relation to Article 17 of the Rome Statute:

“I think there is a question about truth commissions, because you can’t say a priori which ones are a reasonable response to the situation, and which ones are a cover-up. It’s going to require extreme care by the prosecutor. There may be some problem there with the capacity to subvert those processes if they are reasonable, and we’ll just have to hope that the institutions within the court take a sensible view about it. But complementarity extends to covering internal processes which don’t necessarily involve prosecutions of individuals, so there’s no reason why the principle of complementarity ought not to cover an appropriately constituted truth commission [8]."

Moreover, Charles Villa-Vicencio, talking about truth commissions states that: “… They demand fewer resources than courts and, if designed properly, can provide some accountability [9].” Using the words such as “if designed properly”, meant that we may find some not properly designed and therefore, the need for benchmarks in order to comply with international law. Can we say that the South African TRC was able to provide accountability and was consistent with international law?

Despite some few critiques, the South African TRC is internationally recognised, and has been favourably endorsed by numerous international human rights organisations and commentators. The TRC was passed pursuant to a valid Act of Parliament and imposes a form of public procedure and accountability for the actions of perpetrators. It was the country's decision in favour of peace. This is not impunity because there was political consensus in South Africa that getting as much of the truth out as possible and having fewer, but more effective prosecutions, was a just result. Given that, this was what the majority of the public wanted, that is not impunity.

In this line, speaking on the relationship between the prosecutorial mandate of the ICC and the amnesty administered by the South African TRC, the Secretary-General of the United Nations has observed:

“The purpose of the clause in the Statute (which allows the Court to intervene where the state is ‘unwilling or unable’ to exercise jurisdiction) is to ensure that mass-murderers and other arch-criminals cannot shelter behind a State run by themselves or their cronies, or take advantage of a general breakdown of law and order. No one should imagine that it would apply to a case like South Africa’s, where the regime and the conflict which caused the crimes have come to an end, and the victims have inherited power.

It is inconceivable that, in such a case, the Court would seek to substitute its judgement for that of a whole nation which is seeking the best way to put a traumatic past behind it and build a better future [10]”.

As noted, the South African TRC has been recognized and even endorsed as a valid means of dealing with crimes arising out of apartheid [11]. Moreover, state practice [12], international jurisprudence [13] and authors [14] confirm that the Rome Statute does not preclude a state from utilizing amnesty as an effective means of prosecution. However, what about the Congolese TRC?

In assessing if the Congolese TRC met some minimal requirements to approach legitimacy under international law, one can point out that the Congolese TRC was not created and operated transparently in order to sustain democratic legitimacy. There was a clear lack of citizen involvement in the creation and functioning of the TRC, and openness to ensure domestic legitimacy. There was no endorsement of the TRC and its work as a mechanism of transitional justice. Moreover, there are many critiques because commissioners came from different factions, and were not chosen by means of a process, which tried to ensure a democratic spirit and practice, and transparency. Therefore, it seems that the purpose of such a commission, was to be a “Truth Omission” instead of a “Truth Commission” and cannot encounter support by the international community [15].

In order for truth commissions to merit international legitimacy, Professor Crawford suggested that one possible test would be whether the procedure in question had been freely ratified by the successor regime, “so it’s not just a way that the generals can sign their amnesty on the way out of the door [16].” And for that, Charles Villa-Vicencio [17] helps us by saying that truth commissions needs at a minimum to incorporate the following:

- There needs to be convincing evidence that the majority of citizens endorse the provision as a mechanism of transitional justice;
- The disclosure of as much truth as possible concerning the gross violations of human rights;
- Accountability of those responsible for gross violations of human rights, recognising that this need not to be in the form of retributive sentencing by the state;
- A mechanism needs to be put in place to provide a form of relief or reparation to victims whose rights are suspended by a qualified amnesty provision;
- The suspension of prosecutions in a transitionary situation should not be a pretext for the abrogation of other requirements of international law;
- A forum in which victims and survivors may tell their stories and questions;
- Prosecutions should remain an option both during and after the TRC against those perpetrators who did not adequately participate in the process.

Although we agreed with Charles on these criteria, the last one seems not to be consistent. Truth commissions are not alternative to prosecutions, all are two sides of the same coin and should be used complementarily but sequencing for their success. Saying that “prosecutions should remain an option both during and after the TRC against those perpetrators who did not adequately participate in the process” seems to be too simplistic and could undermine the entire effort to heal the wounds of the nation and to fight against impunity.

In addition to satisfying the above minimum criteria for international legitimacy, a Truth commission should also be created and operated transparently in order to sustain democratic legitimacy. Citizen involvement in the creation of a truth commission, and openness to media coverage of its operations, are necessary to ensure domestic legitimacy [18]. And Juan Mendez put it clearly by saying:

“There are two conditions of legitimacy that we should insist upon for any program of transitional justice. First, transitional justice policy should be developed as part of an open, democratic debate, which includes consultation with and participation of the relevant stakeholders and full transparency of decisions. If decisions about how to reckon with the past are adopted exclusively by the parties to a conflict, without appropriate consultations with the victims of abuse or with society at large, the result will almost always generate dissatisfaction and rejection. Second, transitional justice policy should be contemplated in as comprehensive and holistic an approach as possible. This is not only because there will always be an ‘impunity gap’, meaning that many cases of abuse will not be resolved by trials, thus generating the need for a broader treatment of the universe of violations. It is also because the emerging principles in international law … establish that the obligations of the State are four-fold: to prosecute perpetrators, to unearth the truth, to offer reparations to victims, and to reform abusive public institutions [19].

CONCLUSION

In many transition periods two methods are used to establish record of grave human rights crimes following a conflict/war: prosecutions at national or international level and truth commissions with various names, which investigate situations and submits reports. Both of these two methods are not sufficient and therefore, the need to complement each other.

There is a growing demand for transitional justice mechanisms such as truth commissions, around the world. The problem however, it is to test if all those mechanisms imply good faith. Is the effort designed to generate more truth, more justice, reparations, and genuine institutional reform? If so, they are welcome. If the objective is to evade the State’s and society’s legal, ethical and political obligations to their people, they should be rejected. The answer should be found in the design of the process itself, but also in the degree of participation, consultation, and transparency that surrounds them (e.g. of South Africa).

Moreover, we should start by avoiding seeing truth commissions as an alternative to prosecutions. Even if many of them have been accompanied by grants of amnesty to the major perpetrators of human rights crimes, viewing truth commissions, as substitute for prosecutions is not a right way and can lead to contradictions. Therefore, we should try to consider truth commissions as complementary to national and international prosecutions, not to substitute them. They are two sides of the same coin: transitional justice. However, the processes must be sequenced in a way that one does not affect the effectiveness of the other. Accordingly, Scharf has said, “a country should not rush ahead with prosecutions at the cost of political instability and social upheaval or that every single perpetrator must be brought to justice, an impossible task in most countries that have experienced widespread human rights abuses. By documenting abuses and preserving evidence, a truth commission can enable a country to delay prosecutions until the international community has acted, or the new government is secure enough to take such action against members of the former regime [20].”

Furthermore, it may be useful to examine the utility of conducting prosecutions after Truth commissions as a means of uncovering more “truth” that was not revealed through the process. Because, like in the South African case, if those people who did not apply for amnesty or those whom the amnesty was refused, do not face trials, someone could say that there is de facto amnesty and therefore, the purpose of a TRC was just to shield some perpetrators. In this hypothesis, the process will violate the international law and will not be in the interest of justice (society as a whole). So, we should look on the possibilities to trials for those persons in order to avoid impunity, contradictions and allow the roots of a just society to take hold.

*Yav Katshung Joseph is a Human Rights lawyer and. Lecturer at the Faculty of Law, University of Lubumbashi, Democratic Republic of Congo.

**Please send comments to or comment online at www.pambazuka.org

Footnotes are available at the URL shown below

The African Union (AU) backed military action against the island of Anjouan's renegade leader Mohamed Bacar in the Comoros archipelago had reached "the point of no return", despite an offer for more talks to resolve the nine month stand-off. "We have exhausted all available opportunities to end the political dispute in the Comoros without any success," Membe told a news briefing in Tanzania's commercial capital, Dar es Salaam on 14 March.

Jacob Zuma, the leader of the ruling African National Congress (ANC) in South Africa, has launched his final attempt to prevent evidence being used against him in a corruption trial. Zuma and his legal team appeared in the Constitutional Court on Tuesday, requesting leave to appeal against the confiscation of documents against him, in 2005.

Kenya's President Mwai Kibaki, whose disputed re-election triggered violence that damaged his country's reputation for stability, has appointed a commission of inquiry to investigate the December 27 vote. A statement sent from Kibaki's office on Thursday said the panel would "inquire into all aspects of the General Election ... with particular emphasis on the Presidential Election".

Just days after handing over millions of US dollars worth of agricultural equipment, buses and generators at his weekend rallies, Robert Mugabe has announced large salary increases for civil servants, including teachers. According to the state-controlled Herald newspaper, Mugabe announced the increases while addressing a rally at a school in Inyathi, Matabeleland North on Tuesday.

The MDC led by Morgan Tsvangirai wants most regional and foreign observers coming for the elections to be deployed to all rural areas, usually the flash points of political violence in the country. In the past observers have visited rural areas associated with the opposition parties, but have rarely set foot in the Zanu-PF strongholds of the three Mashonaland provinces.

The swelling numbers of Darfur refugees and internally displaced persons (IDPs) living in eastern Chad is seriously straining the capacity of both the arid local environment and the region’s basic infrastructure, a United Nations aid official said today, warning that the humanitarian situation remained extremely precarious.

The days of people who killed others and destroyed property during the post-election violence are numbered, Attorney General Amos Wako has warned. "Kenyans feel that the culture of impunity is going on. But let me assure you that we must now ensure that this culture is dealt with once and for all," he told the annual Law Society of Kenya dinner at the weekend.

President Robert Mugabe has signed a law requiring all foreign companies operating in Zimbabwe to give majority equity to black Zimbabweans, a move analysts see as the final nail in the coffin of the country's economy. More than 200 British and South African firms that have invested heavily in Zimbabwe will be affected, including Lever Brothers, Barclays Bank, Standard Chartered Bank, Standard Bank, Stanbic Bank, Impala Platinum, Angloplat, Mettalon Gold, Rio Tinto, Edcon, Merchant Bank of Central Africa and several enterprises owned by Anglo American.

This week’s AU Monitor brings you analysis from John Palmer on the lessons from the European Union (EU) for the African Union. Providing a detailed background of the structures, membership criteria and values of the EU, he asks whether regional blocs will be able to manage globalisation without strengthening collective decision making and whether they will “have to move beyond cooperation and agree to at least some elements of sovereignty sharing and supranational integration” in order to do so. However, he concludes contentiously with the assertion that the purpose of the Economic Partnership Agreements (EPAs) between the EU and AU “is to foster regional economic integration” without providing analysis on how they will effectively achieve this. Indeed, civil society organisations called this week on the EU to align EPAs with Africa’s economic integration plans and “stop trying to re-colonise Africa”. While the EU remains Africa’s biggest trading partner, China’s role in Africa has become the subject of inquiry in a soon to be released report by the European Parliament Development Committee. Yet, Jonathan Holslag asserts that China is not a competitor to the EU in Africa, other than in the energy sector, and states that “transparency and good governance are the most important issues in which EU and China should act extensively and more concrete plan of action". Also vying for closer cooperation with Africa, Iran hosted a delegation from the African Union Commission to explore avenues for joint action in areas such as development, trade and industry.

In regional news, Rwanda and Burundi have launched public consultations on the East African federation to compile views from a cross section of stakeholders that can feed toward a common country position. In West Africa, the African Union will hold a land policy workshop in mid-April to, among other aims, reach consensus on “regional specificities, initiatives and lessons that should be included in the continental framework”. While in southern Africa, Southern African Development Community (Sadc) observers have arrived in Zimbabwe to observe the forthcoming presidential, parliamentary and council elections in the country. The Economic Community of Central African States is holding an extraordinary summit in the Democratic Republic of Congo on the situation in Chad, just as the African Commission on Human and Peoples’ Rights has released its resolutions on the human rights situation in Kenya and Somalia. Also in peace and security news, Festus Aboagye provides analysis of current efforts to put the difficulties faced by the joint AU – UN peacekeeping force in Darfur on the United Nations Security Council agenda. He further challenges the international community to “exercise the moral courage necessary to review that course of action, rather than blindly adhere to one fraught with insurmountable challenges”.

In development news, the African Peer Review Mechanism has hailed Nigeria’s self-assessment report which covers up to twenty two thousand households, has been translated into local languages and is said to surpass “all other reports” received so far by the country review teams. Lastly, the African Development Bank has concluded a workshop on Diaspora led investments as “the role and impact of the Diaspora and their remittances as well as their potential positive contribution to development is becoming increasingly critical for policy and strategic considerations”.

In this report, the Special Rapporteur acknowledges the legislative achievements of South Africa, such as the Constitution that is often cited as an example for the protection of economic, social and cultural rights, including for the right to adequate housing. He notes that South Africa has put in place a number of progressive legislative measures and policies aimed at fulfilling the right to adequate housing. Yet, a significant number of South Africans do not have access to this basic human right.

Ndung’u Wainaina argues that there has to be an unwavering commitment by African societies to human rights - and that part of that vigilance also means protecting human rights advocates who might be under threat from the state or other actors.

Building the rule of law and respect of human rights in a post-conflict situation is challenging. The problems which are borne out of conflict are, notably, the loss of human lives, displacement of the population, destruction of property, trauma, sexual assault and violence. These disastrous consequences contribute to instability and the destabilization of a country. Peace remains fragile. To reinforce the return of stability, specific situational context process must be adopted to include a harmonious balance between the fight against impunity, the necessities to create a solid base for a lasting reconciliation, the respect for human rights and the rule of law. These fundamental issues must be integrated with an equal redistribution of resources and the participation of all. Kenya human rights defenders have faced extraordinary challenges throughout post-independence era yet they have worked intensely and with great courage. But now is not the time to rest on their laurels, as this period of political transition offers both opportunities and challenges for the protection and promotion of human rights; particularly in an Opposition vanquished or demobilized scenario.

Human rights defenders are the experts on the historical lessons and understand current situation prevailing in Kenya. A great lesson has been the importance of a vibrant civil society and media in checking the excesses of ever crafty political class. In the context of current conflict, and the threat to democratic rights, the unwavering commitment by civil society and the media to insist that human rights be upheld demonstrated the significance of these independent voices. A vibrant, diverse civil society and a free and fearless media will continue to be essential in the transition period ahead. It is also essential that, human rights defenders maintain their independence from the political process, and defend the human rights of all Kenyans. Human rights are not political, they do not pertain to only one group or other of society, and a shift in political power must not lessen vigilance of human rights defenders.

An important development we have witnessed during the current political crisis in Kenya is the rising tide of awareness of commitment to human rights by the wider Kenyan society. Though there were cases of serious threats and extremisms, against independent voices of human rights defenders who rose above parochial and partisan ethnic politics. The expressions of social solidarity, of the aims for a more inclusive society which does away with ingrained discrimination, offer great hope and opportunity for human rights in the future. Discrimination on the basis of social orientation and ethnicity must be tackled in the new Kenya. Discrimination against women, which is often multiple discrimination as it is added to patriarchal systems and ethnicity-based discrimination, also needs to be systematically eradicated.

The positive and significant political developments that have happened, including the signing of the Political Agreement and the establishment of a grand coalition government, have raised great expectations, particularly with regard to an end to discrimination, inequalities and impunity. As the peace process advances, the complexities of bringing about such changes, which require political will and the uprooting of deep-seated traditional patterns of prejudices and stereotypes, have become more apparent. The enactment of new democratic constitution and undertaking comprehensive transitional justice policy remains a crucial step toward the creation of a more participatory, inclusive and equal society, but there are still obstacles to overcome in order for that reality to take place. Equally the new government has to make strong commitments to human rights culture. These commitments must be seen through, in terms of policy and action. Though there is continued commitment to human rights standards through political statements, political leadership must ensure that its cadres at all levels understand these commitments and fulfill them. Even if difficulties arise in the political process, there must be no backing away from these commitments to protect human rights by any party.

While there has been established commitment to observe and adhere to the agreement between the government of Party of National Unity[PNU] and the Orange Democratic [ODM], it is essential that the parties move ahead rapidly to establish a credible and strong mechanism to monitor the implementation of the agreement. This must include an effective mechanism for reporting and dealing with violations of the agreement, in order to ensure that problems which occur at the local level are dealt with quickly and fairly before they blow up into larger or intractable problems.

Another key issue for human rights defenders, seeking to consolidate the rule of law in the transition period and for the longer term, is that of accountability for present and past human rights violations. There must be accountability for human rights violations of the past and the present. Without accountability and without justice, the culture of impunity will never end. Human rights defenders shall continue vigorously to call for action to resolve all outstanding cases of grave human rights violations. Families and relatives of the affected should not have to wait any longer to see a thorough and credible process initiated by the State to unmask truth and administer justice. It is legal obligation and moral imperative.

The issue of accountability for violations committed during the conflict and in the past has wider implications. The process of prosecutions, assistance to victims, truth commission, and institutional reform are some of the measures which Kenya should adopt to address the consequences of the post-election violence violations and past human rights violations in order to rebuild a society based on respect for human rights and the rule of law. It is important, that Kenyans have an open discussion about what measures are needed. This discussion itself must be inclusive, and especially bring in people from marginalized and discriminated against groups, victims and women. One of the important lessons from other countries which have come out of conflict is that such transitional justice measures, in order to be effective, need the pro active engagement of members of civil society at all levels.

The hopes of Kenyans are very high, with constant calls on leaders to ensure that the political process ahead respects the aspirations for a fairer society, one that respects the human rights of all. Fulfilling these hopes will require commitment and hard work from Kenyans from all walks of life. The human rights community of Kenya with their regional and other international friends must remain vigilant and maintain its integrity and independence. It will need all to work hard to ensure that the political process is effective as a step toward a permanent end to perpetual conflicts in Kenya and that the political process respects and protects the human rights of all Kenyans.

Another prerequisite for creating a climate free of fear, impunity and intimidation will be the commitment of all parties, organizations and their constituencies to respect the peaceful views and progressive activities of others. Building trust and dialogue must replace threats, intimidation and acts of violence to resolve differences. Security system must also take effective measures to end abuses by its cadres. Transforming a climate of impunity into a culture of accountability will be essential to a successful transformation and sustainable peace. The lack of progress in addressing impunity is deeply worrying. It will require political will, courage and determination to move the process forward, but it is one that cannot wait. The political ceasefire agreement still provide a historic opportunity to create a fully inclusive and democratic State which protects the human rights of all and enables all Kenyan people to participate equally and effectively in society governance. It is the responsibility of all parties and Kenyans to ensure that this promise is fulfilled.

*Ndung'u Wainaina is the Director of the International Center for Policy and Conflict (www.icpcafrica.org)

**Please send comments to or comment online at www.pambazuka.org

Is decentralization consistent with development goals? What can we learn from Uganda? This paper from the Economic Policy Research Centre, Kampala, reviews Uganda’s experience of decentralization to highlight its effects on the empowerment of local leaders and residents, local elite capture, service delivery and the promotion of sector responses.