Weekly Round-Up - IRINCEA-114: 15-Mar-02

U N I T E D   N A T I O N S
Office for the Coordination of Humanitarian Affairs
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CENTRAL AND EASTERN AFRICA IRIN-CEA Weekly Round-up 114 09 - 15 March 2002

CONTENTS: DRC: Dialogue gains momentum, then government walks out DRC: Congo river to reopen to commercial traffic ROC: Sassou-Nguesso wins in peaceful landslide RWANDA: Two genocide suspects transferred to UN tribunal RWANDA: Measures to curb corruption at ICTR BURUNDI-TANZANIA: Refugees in Tanzania signing up to go home TANZANIA: Zanzibar the focus of US human rights worries KENYA: Police target illegal gangs after Kariobangi KENYA: State accused of "failing to protect women" UGANDA: Plans afoot to pave the way for IDP returns ALSO SEE: KENYA: KANU/NDP merger set to transform national politics at: http://www.irinnews.org/report.asp?ReportID=25084 DRC: Dialogue gains momentum, then government walks out The various factions present at the inter-Congolese dialogue (ICD) in Sun City, South Africa, began tabling their proposals for rebuilding their country on Tuesday. The delegates have split into five commissions, which will sit for a month, during which they will report back to the facilitators on a weekly basis, before the talks end in mid-April. A commission charged with creating a new political system for the country was proving the most popular, but potentially also the most troubled, AFP quoted a delegate as saying. "For the moment we are dealing with non-contentious issues, but when we get down to discussing what democratic structures will be created and who will be part of them, things are going to get very heated, AFP quoted an opposition member, Diomi Ndongola, as saying. In a deferral of the dispute surrounding the future role of President Joseph Kabila, it has been decided that the political commission - comprising 80 members - will reach a consensus on the matter. [Full report at: http://www.irinnews.org/report.asp?ReportID=25089] However, later on Thursday, the DRC government delegation walked out of the ICD, claiming that Rwanda and the Rwandan-backed rebel movement, Rassemblement congolais pour la democratie (RCD), had violated the cease-fire. Since Thursday afternoon, forces of the Rwandan army and RCD had been attacking government positions at the port of Moliro on Lake Tanganyika, said the national security minister, Mwenze Kongolo. "The government has decided to suspend its participation in the inter-Congolese dialogue," he said, "until Rwanda and the RCD order their troops to withdraw from Moliro." Meanwhile, the RCD spokesman, Kin Kiey Mulumba, said the government was attacking RCD positions in several sectors in the DRC. Asked why the RCD had not said so before, he said there were attacks on RCD positions every day. He declined to comment on whether Rwanda and the RCD had launched the latest offensive, but said the RCD had retaken Moliro in the past 10 days. "In the cease-fire plans the town belongs to us," he said. "We don't think this is the real reason for the government to leave the negotiations. Now that Robert Mugabe has won elections in Zimbabwe, the government think they are strong and can walk out of these talks." The UN Mission in the DRC (known by its French acronym, MONUC) has been unable to independently confirm or deny the accusations. Troop movement had, however, been observed in Pepa, about 120 km northwest of Moliro, where government forces were claiming to have been attacked by the RCD, MONUC said. Meanwhile, the President of the UN Security Council, Ole Peter Kolby, expressed "deep concern" about information received on the attacks on Moliro, in a statement issued on Thursday. The Council demanded that all fighting cease, he said, and called on all the parties to settle their differences through negotiation. [Full report at: http://www.irinnews.org/report.asp?ReportID=25875] DRC: Congo river to reopen to commercial traffic The recent meeting of UN Under-Secretary-General for Peace Keeping Operations Jean-Marie Guehenno with the leaders of the RCD and the Mouvement de liberation du Congo (MLC), has yielded a significant breakthrough in the reopening of the River Congo to commercial traffic, a statement from MONUC said on 8 March. According to MONUC, Guehenno met the RCD leader, Adolphe Onusumba, and the MLC leader, Jean-Pierre Bemba, on the fringes of the ICD in Sun City. "The two leaders reassured Mr Guehenno of their commitment to reopen the River Congo as soon as possible," the statement said. It said that whilst discussions with the MLC "are close to being finalised", the RCD had asked for the practical details to be defined before an agreement could be achieved. "MONUC is delighted with this positive development, which will allow both humanitarian convoys and commercial traffic onto the river. The river constitutes a vital artery to the free movement of people and goods into the heart of the Democratic Republic of Congo, and equally for the river's bordering states," the statement added. ROC: Sassou-Nguesso wins in peaceful landslide Denis Sassou-Nguesso has been elected president of the Republic of Congo (ROC) for the next seven years, having garnered over 89 percent of the vote, Minister of the Interior Pierre Oba announced on Wednesday evening. This was the first time Sassou-Nguesso has been elected to the presidency, an office he first seized in 1979 and held until 1992, and then seized again in 1997 and has held until the present day. "My dear countrymen, through this important process, which took place in an exemplary climate of serenity and tranquillity, you have affirmed your strong desire to live in a united, free, democratic and peaceful Congo," Sassou-Nguesso said on Wednesday. "You have chosen me, you have elected me by a significant majority in this first round of voting, as you had promised me. But this victory is above all yours - the Congolese people." Former Prime Minister Andre Milongo, considered to be Sassou-Nguesso's main challenger, withdrew from the race on Friday, 8 March, claiming irregularities. He urged his supporters to boycott the elections, but cautioned against resorting to violence. Meanwhile, former President Pascal Lissouba, who defeated Sassou-Nguesso in the country's last presidential election, held in 1992, and former Prime Minister Bernard Kolelas, were barred from entering the race by the revised constitution, which requires candidates to have resided continuously in the country for at least two years before the election. Both are living abroad in exile, having been tried and convicted in absentia for crimes allegedly committed during civil war that plagued the nation throughout the 1990s. The six remaining challengers posed little threat, according to regional analysts. To the remaining challengers - none of whom captured more than three percent of the vote - Sassou-Nguesso said: "I would like to take this opportunity to cordially honour and sincerely congratulate the other candidates, who, by their serious, honest and loyal participation [in this election], have honoured our nation and our young democracy." The results, complete but provisional, must now be certified by the Supreme Court. [Full report at: http://www.irinnews.org/report.asp?ReportID=25433] RWANDA: Two genocide suspects transferred to UN tribunal Two suspects wanted in connection with the 1994 genocide in Rwanda have been transferred to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania. Aloys Simba, a lieutenant-colonel in the former Rwandan armed forces and an MP during the genocide, and Paul Bisengimana, the former mayor of Gikoro, Kigali Rural Prefecture, were transferred to the tribunal on 11 March, a statement from the ICTR said. Simba was arrested on 23 November 2001 in Mali, while Bisengimana was arrested in 4 December 2001 in Senegal. Simba is charged with four counts of genocide and crimes against humanity, including murder and extermination in the Gikongoro and Butare prefectures. The ICTR office of the prosecutor alleges that Simba prepared for the genocide at least a year in advance, Internews reported. Bisengimana faces 12 counts of genocide and crimes against humanity, including murder, rape, torture and other inhumane acts. The prosecution claims that he worked with Laurent Semanza, the former mayor of Bicumbi commune, to kill thousands of people in Bicumbi and Gikoro communes, Internews reported. Semanza is currently on trial at the ICTR. The prosecution also claims that Bisengimana trained and distributed weapons to Interahamwe militiamen, who were responsible for much of the killing of an estimated 800,000 Tutsis and moderate Hutus. [Full report at: http://www.irinnews.org/report.asp?ReportID=25087] RWANDA: Measures to curb corruption at ICTR The registrars of the UN Criminal Tribunals for Rwanda and former Yugoslavia (ICTR and ICTY) have said they are determined to make every effort possible to prevent abuses of the legal aid system for the two tribunals. The joint statement issued by ICTR's Adama Dieng and the ICTY's Hans Holthius came after the UN watchdog, the Office of Internal Oversight Services (OIOS), issued a report on its follow-up investigation into allegations that defence lawyers had either been solicited, or had agreed to share legal fees and costs with their clients, in an arrangement called fee-splitting. Legal fees for defendants are paid by both tribunals. The OIOS stated that both tribunals had implemented most of the recommendations contained in its previous report, and that both had also taken additional proactive steps to prevent abuses of the legal-aid system. "Fee-splitting is not an easy practice to eradicate, because its possibility involves confidential discussions and arrangements between a defence counsel and his client," said the two registrars, who were in New York to discuss the courts' budgets and their strategy to complete the tribunals' work. Steps taken at the ICTR had included dismissing a defence lawyer for over-billing the court, and dismissing another member of staff for accepting kickbacks from defence lawyers in exchange for processing payments quickly, the OIOS reported. Furthermore, limits had been placed on the number and value of gifts received by detainees at the UN Detention Facility, enhanced screening facilities had been introduced of current and potential defence lawyers, and the Registrar had proposed an amendment to the Code of Professional Conduct which would include a prohibition on fee-splitting arrangements. In May 2001, authorities in Tanzania arrested a former defence investigator at the ICTR who had been using a false name and passport, the OIOS reported. Since then, the Office of the Prosecutor had indicted him for genocide, and he was currently at the UN Detention Centre. Following this incident, the Registry has screened investigators' files and decided to suspend or not renew the contracts of others. Since the implementation of the new screening system, some investigators had chosen to resign, the OIOS stated. [Full report at: http://www.irinnews.org/report.asp?ReportID=24683] BURUNDI: Rebel group ready to enter dialogue The rebel group Parti pour la libération du peuple hutu-Forces nationales de libération (PALIPEHUTU-FNL) has expressed readiness to participate in a dialogue under the auspices of the mediators in the search for a lasting solution to the conflict in Burundi, according to a statement from the Organisation of African Unity (OAU). The PALIPEHUTU-FNL delegation to the OAU headquarters in the Ethiopian capital, Addis Ababa, comprising Vice-President Jean-Bosco Sindayigaya, and senior officials Alain Mugabarabona and Freddy Minani, presented the group's position on the Burundian conflict and the peace process, the statement said. The delegates, who were in Addis Ababa on 7 and 8 March at the invitation of OAU Secretary-General Amara Essy, had submitted "some proposals" to the organisation, it added. During their stay, the delegates held in-depth discussions with representatives of the OAU secretariat-general led by the assistant secretary-general in charge of political affairs, followed by a working session in the presence of Gabon's ambassador and representative at the OAU, as well as a representative of the embassy of South Africa in Addis Ababa. The delegation was also received by Essy. Essy stressed the importance and urgency of dialogue and the need for a peaceful settlement of the conflict, the OAU statement said. Essy and other OAU officials urged the PALIPEHUTU-FNL to join the peace process and the dialogue being conducted under the auspices of President Omar Bongo of Gabon and South African Deputy President Jacob Zuma. BURUNDI-TANZANIA: Refugees in Tanzania signing up to go home Numbers of Burundi refugees who have signed up with the office of the UN High Commissioner for Refugees (UNHCR) to go home from camps in Tanzania have risen significantly, a UNHCR spokeswoman told IRIN on Monday. Between the second week of February, when a new registration process was established, and 7 March, 16,000 people had signed up, Ivana Unluova told IRIN. By comparison, during the whole of 2001, only 2,700 refugees had been assisted to return, she added. "It is, however, important to differentiate between those who said that they are willing to return, and those who will actually go," Unluova cautioned. UNHCR attributes the upsurge in interest to a number of factors, including the three recent missions to Tanzania by representatives of the Burundi government to encourage the refugees to return, the "increased cross-border information exchange", the mounting pressure from the Tanzanian government on the refugees to return, and the "general atmosphere and media reports" in Tanzania making the refugees feel unwelcome. Apart from numbers wishing to go home, there had also been a marked drop in the numbers of Burundi arrivals at camps in western Tanzania, the Office for the Coordination of Humanitarian Affairs (OCHA) said in its latest report - "Affected Populations in the Great Lakes Region" - released last week. During the first half of 2001, monthly arrivals from Burundi in Tanzania had averaged 2,000, OCHA reported. Despite continuing, and in some cases intensified, fighting within Burundi since October 2001, the numbers had dropped to 400 per month. [Full report at: http://www.irinnews.org/report.asp?ReportID=24527] TANZANIA: Zanzibar the focus of US human rights worries The United States government has expressed disappointment at what it regards as a general deterioration of human rights in Tanzania last year, despite notable government efforts to engage in dialogue with the opposition. While there had been improvements in a few areas, Tanzanians continued to face serious human rights abuses, according to the Tanzania country report for 2001 on human rights practices, released last week by the Department of State's Bureau of Democracy, Human Rights and Labour. Washington's concern about human rights in Tanzania applied particularly to the semi-autonomous archipelago of Zanzibar, where citizens' rights were "circumscribed severely by abuses of and limitations of" civil and political liberties, the report stated. In violent incidents in the Zanzibari islands of Pemba and Unguja on 26 and 27 January 2001, between 24 and 70 people were killed, and more than 2,000 fled to neighbouring Kenya as refugees, when the police forcibly dispersed a demonstration by supporters of the opposition Civic United Front (CUF), it said The Tanzanian government in January 2002 appointed an eight-member commission of inquiry to investigate the January 2001 clashes in Zanzibar. The commission, to be chaired by retired Brigadier Hashim Mbita, is due to probe the "causes and effects" of the violence, and present its findings by 31 July 2002. In western Tanzania, there remained significant resentment and hostility directed against the refugee population, mostly from Burundi and Rwanda, whom officials have often accused of committing murders and robberies against local communities. "There was continuing concern over violence allegedly perpetrated by some Burundian and Rwandan refugees, although such violence has diminished since 1999," the US report noted. Moreover, prison conditions throughout Tanzania remained "harsh and life-threatening" last year, while the often "inefficient" judicial system frequently failed to provide expeditious and fair trials, it said. However, the US also noted that police harassment of members and supporters of political opposition had sharply declined towards the end of the year, following the signing of a reconciliation accord between the ruling Chama cha Mapinduzi (CCM) and the opposition CUF in October. [Full report at: http://www.irinnews.org/report.asp?ReportID=24460] KENYA: Police target illegal gangs after Kariobangi The Kenyan authorities recently banned a number of sects and vigilante organisations which, the police said, posed a threat to security in the country. However, this action needs to be backed up by additional measures if the banned groups are to be prevented from continuing to operate, according to the Legal Resource Foundation (LRF), a local human rights organisation operating under the umbrella of the Kenya Human Rights Commission. If not followed up by concrete steps to eliminate their activities, the recent ban, which was only a temporary measure, could serve to drive the groups underground, thereby rendering them even more dangerous than before, the LRF programme coordinator, Isabel Wafubwa, told IRIN on Wednesday. On 8 March, the Kenyan police announced that 18 sects, groups and private armies - some of them linked to prominent politicians, had been outlawed, following a call by President Daniel arap Moi on the force to crack down on illegal organisations that "took the law into their own hands", and to ensure that no group operated above the law. Notable among the groups banned were the Mungiki sect and the Taliban vigilantes, who were at the centre of a rampage in the Nairobi suburb of Kariobangi North on 3 March, in which 21 people were hacked to death. Thirty-one others were reportedly injured when a gang of about 300 youths rampaged through the estate, wielding machetes and axes, allegedly because of a dispute between the Mungiki and Taliban. The attacks took place just days after the Mungiki leadership announced that it would support the ruling Kenya African National Union (KANU) party and a number of its candidates, including Vice-President George Saitoti and Cabinet Minister Uhuru Kenyatta, for top posts during the general elections due later this year, the East African Standard reported. In a Tuesday editorial, the paper challenged the police commissioner to reveal the "political" sponsors of the Mungiki sect. The police have denied any political connection to the attacks, blaming them on the "lawlessness" of Mungiki members, saying those responsible would be dealt with as criminals. "We are looking at it as criminal acts committed by criminals, and we are going to deal with them at that level," the police spokesman, Peter Masemo Kimanthi, told IRIN. [Full report at: http://www.irinnews.org/report.asp?ReportID=25396] KENYA: State accused of "failing to protect women" The Kenyan government has failed in its duty of protecting one half of the country's population by largely ignoring the plight of women victims of sexual violence and failing to put in place legislative and constitutional measures to promote women's human rights, according to Amnesty International. The strong indictment of Kenya's police and other state security institutions was contained in a new report released by the organisation at a press conference in the Kenyan capital, Nairobi, on 8 March - International Women's Day. Rape was a widespread crime committed against women in all social and ethnic groups in Kenya, but largely suffered in silence, because "women know that reporting rape will not lead to a proper investigation and hardly ever to a prosecution", according to Amnesty. The report, entitled "Rape - The Invisible Crime", outlines the nature and extent of sexual violence against women in Kenya, focusing in particular on rape committed by both state security officials (including the police) and private individuals. It examines why women subjected to such abuses are inadequately provided for by the law, while the perpetrators can continue to commit their offences with impunity. According to Kenyan police statistics, 1,675 rapes were reported in 2000, but local women's groups believe the real figure to be far higher, because many victims fail to report their cases for fear of being embarrassed, ridiculed, verbally abused or made to feel that they are wasting police time, Amnesty stated. "Rape is torture when the state has failed in its responsibilities to protect, investigate and provide redress to women victims. Acts of violence constitute torture for which the state is accountable when they are of the nature and severity envisaged by the concept of torture in international standards, and the state has failed to fulfil its obligation to provide effective protection," said Marie Evelyne Petrus, Amnesty's regional director for Africa, in launching the report. Addressing journalists at the launch of the report, Petrus said most victims faced "insurmountable obstacles" in trying to bring perpetrators to justice, because most victims of rape or other forms of sexual abuse were too intimidated by cultural attitudes and state inaction to seek redress. [Full report at: http://www.irinnews.org/report.asp?ReportID=24528] UGANDA: Plans afoot to pave the way for IDP returns The government of Uganda's declared intention to see internally displaced persons (IDPs) in Uganda go home from this month is welcome, but there are still substantial issues to be addressed in relation to their return, integration, resettlement and recovery, according to OCHA in the Ugandan capital, Kampala. These issues were now being addressed in a draft national policy on IDPs being prepared by the Department of Disaster Preparedness in the Office of the Prime Minister, with the assistance of the UN and other partners, OCHA said in its latest humanitarian update. "It is imperative that any return or resettlement of IDPs should conform to the provisions of the constitution and laws of Uganda, and basic [UN] guiding principles on internal displacement," OCHA stated in its report for the month of February. Last year and the early months of 2002 saw growing hope for peace in Uganda's long-suffering insecure regions, and the eventual eradication of rebel insurgencies in the north, though recent attacks by the rebel Lord's Resistance Army (LRA) from bases in southern Sudan have tempered optimism about the general security climate and, therefore, the attractiveness to IDPs of moving home. Improving security in the north and increasing isolation of the LRA - the Sudanese government discontinuing its support for the rebel movement as a result of improved relations with Kampala - had facilitated the spontaneous return of several thousand IDPs to their home areas until February, humanitarian sources told IRIN. However, the IDPs were now expected to wait and see what the long-term effects of the rebels' recent incursions would be before continuing their return, they added. Of over 500,000 people displaced from their homes by violent conflicts in northern and southwestern Uganda in the past 16 years, and still residing in and around protected villages/IDP camps in northern Uganda (either full-time or part-time), it was estimated that about 365,000 (some 72 percent) would return home under any security conditions, OCHA stated in its 28 February report. Of that number, only about 200,000 (or 40 percent) would be expected to return in the first year of any resettlement exercise, it added. [Full report at: http://www.irinnews.org/report.asp?ReportID=24681] [This Item is Delivered to the "Africa-English" Service of the UN's IRIN humanitarian information unit, but may not necessarily reflect the views of the United Nations. For further information, free subscriptions, or to change your keywords, contact e-mail: Irin@ocha.unon.org or Web: http://www.irinnews.org . If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. 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