General’s refugee status queried

 

File image - Rwandan exile, Kayumba Nyamwasa, front, and his wife Rosette Kayumba sit in the Johannesburg court Thursday July 12, 2012, after finishing his testimony as a witness in the trial of six East Africans accused of attempted murder in his 2010 shooting. (AP Photo/Denis Farrell)

A former Rwandan army chief who survived several assassination attempts should never have been granted refugee status in South Africa because he was suspected of being a war criminal, the High Court in Pretoria heard on Monday.

The Consortium for Refugees and Migrants in South Africa (CoRMSA) applied for the court to set aside the June 2010 decision by South African authorities to grant refugee status to former Rwandan general Faustin Kayumba Nyamwasa.

Anton Katz SC, appearing for the applicant, argued Nyamwasa should never have been considered for refugee status because he was suspected of war crimes.

Section 4 of the Refugees Act, in accordance with international practice, excludes persons who are reasonably believed to have committed a crime against peace, a war crime, or a crime against humanity, from applying for refugee status.

CoRMSA only learnt of Nyamwasa's presence in the country when he became the victim of an assassination attempt in Johannesburg in June 2010.

Nyamwasa blamed his former ally, Rwandan president Paul Kagame, for orchestrating the attack. He and his family were granted refugee status shortly after the attack.

South African authorities have refused an application for Nyamwasa's extradition to Rwanda, where he was last year sentenced in absentia to a lengthy prison term for his alleged involvement in a series of grenade attacks in the country's capital Kigali.

According to CoRMSA, a French judge issued an arrest warrant for Nyamwasa in 2006 for involvement in orchestrating the shooting down of an aircraft carrying former Rwandan president Juvenal Habyarimana.

Two years later a Spanish judge indicted Nyamwasa for war crimes, and earlier this year asked for help from South African authorities to interview him.

The indictment implicated Nyamwasa in the killings of civilians in Rwanda and the DRC, and maintained he had been responsible for the massacre of 2500 Hutu refugees and the murder of four Spanish nationals.

South African authorities contended the evidence was not sufficient to conclude there was reason to believe Nyamwasa might have been involved in international crimes.

Katz said the applicant did not want Nyamwasa to go back to Rwanda because of the political climate in that country.

“We agree that he can't be sent back to Rwanda, but that does not concern this court. This court must decide if he's entitled to refugee status.

“If the decision was irrational this court must set it aside... He (Nyamwasa) may find himself having to apply for another type of permit.”

Katz said it would appear Nyamwasa had applied for and was granted refugee status within a day, which was unheard of in South Africa.

He argued that refugee laws provided for the protection of the vulnerable and persecuted, not for those who perpetrated atrocities.

“The facts demonstrate an absolute failure on the part of the respondents to understand what they were doing.”

He argued the decision to grant Nyamwasa refugee status was irrational, unlawful and unconstitutional and should be set aside.

South African authorities have attacked CoRMSA's legal status to bring the application and also refused to make documents available on which the decision was based, saying the act conferred confidentiality on all asylum applications.

A legal skirmish broke out when the authorities sought to introduce a document which it said would prove Nyamwasa had applied for asylum long before he was granted refugee status.

Katz objected, describing the application as “improper and distasteful”. 

Contributed by Legal Link Partners in South Africa.

Lawyers Tour African Court On Human Rights

Arusha — A GROUP of lawyers from five East African Community (EAC) member states visited the African Court on Human and Peoples' Rights here over the weekend, as part of their tour of different international tribunals established in Arusha.

The visit was organized by the East African Law Society (EALS), which is an Arusha-based, umbrella body of Bar Associations of the East African region. On their arrival at the court, the visitors from Burundi, Tanzania, Kenya, Rwanda and Uganda, were received by Dr Robert Eno, the Registrar of the ACHPR, who welcomed them and led them around different offices and departments of the Court.

The young lawyers then met the President of the Court, Lady Justice Sophia Akuffo, from Ghana who in her welcoming remarks, thanked them for their interest and initiative to visit the Court and also expressed her appreciation for their shown value in international judicial systems.

Justice Akuffo told the learned friends from around the region that she will be very happy to see some of them practising before the Pan-African Court or any other international tribunals in the near future. Speaking on behalf of the East African Lawyers, the head of the delegation, Mr James Agrey, thanked the President of the Court for receiving them and congratulated her for being the first African female to be elected president of the continental court.

The visitors were then briefed by the registrar on the establishment of the Court, its mandate, jurisdiction, applicable law, functions and structure as well as challenges. The registrar also elaborated on the procedures for bringing cases and litigating before the Court.

The visitors expressed interest in the work of the Court and asked many questions, seeking information about the rate of ratification of the protocol establishing the Court and the rate of declarations allowing individuals and NGOs to directly institute cases before the Court and the enforcement of its decisions.

In the course of this week, the lawyers will also be visiting other international organizations based in Arusha, including the International Criminal Tribunal for Rwanda, the East African Court of Justice, the East African Legislative Assembly and the East African Community Secretariat.

Illegal Armed Groups in the Region Raise Parliamentarians' Concern

The regional conference of parliamentarians on threats to peace and sustainable development in the Great Lakes Region (AMANI Forum) has organized a training workshop for member states' lawmakers in order to study the case of illegal armed groups in the region.

"We want to establish a new dynamic of dialogue and cooperation among parliamentarians from the member states, to enlarge the forum by involving parliamentarians of all International Conference on Great lakes Region (ICGLR) and to improve regional lawmakers' skills in management, prevention and consolidation of peace in the region," said Senator Jean-Damascene Bizimana, the chairman of AMANI forum.

The lawmakers will also be equipped with specific skills on the functioning and financing of armed groups.
"We will also acquire skills on support measures for the victims and witnesses who consider their appearance before international courts as a form of traumatizing violence," he said.

The illegal armed groups to be discussed are mainly found in the Eastern DRC, Uganda (Joseph Kony's Lords Resistance Army) and Burundi.

"This problem is beyond one state's capacity. Particularly the illegal armed groups in the Eastern DRC are the very alarming ones. We have to study carefully the reason behind those rebels, and their impact on the region's security status. As lawmakers, we will also assess the role played by every state regarded by the issue towards a lasting solution," stated senator Bizimana.

Concerning factors generating and intensifying armed conflicts in the region, the lawmakers cite human rights not respected in some states, the implication of the international justice system which turns out to be a political tool.

According to Denis Polisi, the former chair of the forum, the Amani Forum or Great Lakes Parliamentary Forum on Peace, is an Africa-focused organization based in Nairobi, Kenya that works to promote peace and democracy, and to mitigate conflict in the African Great Lakes region.

"AMANI Forum was launched in Arusha (Tanzania) in 1998 by regional parliamentarians to create a structure to enable coordinated work towards sustainable peace. Since then AMANI has grown to a membership of over 650 parliamentarians, with national chapters in Burundi, Democratic Republic of Congo (DRC), Kenya, Rwanda, Tanzania, Uganda and Zambia. In 2007 a chapter was established in the East African Legislative Assembly. Amani is the Swahili word for peace.

The training workshop, to run from Friday 26 October to Sunday, October 28, is financed by the European Union and will be attended by 11 states. Those are the seven member states of the forum with South Sudan, Congo Brazzaville, Central African Republic and Angola invited as members of ICGLR. Afterwards, the resolutions will be sent to governments for implementation and the process will be monitored by the respective parliaments.

UHRC-BEST PERFORMER IN THE WHOLE OF AFRICA

The Uganda Human Rights Commission (UHRC) has been voted the best national human rights institution on the entire African continent.

A similar award was given to the University of Pretoria's Centre for Human Rights for being the best Nongovernmental organization on the continent that offered an outstanding contribution toward rights work.

The ceremony for awarding Uganda was conducted during the 25th anniversary of the African Commission on Human and People's Rights held in Cote D'Ivoire's Yamoussoukro city two weeks ago.

The function was presided over by his Excellency Alassane Outtara, the president of the republic of Cote D'Ivoire.

At a dinner to celebrate the award at Imperial Royale Hotel on Thursday, the UNHCR boss Meddie Kaggwa, said this is the first time such an award had been given by the African Human Rights Commission for commendable performance.

UHRC was constitutionally established in 1996 following recommendations of the Uganda Constitution Commission, which took account of the report of a commission of inquiry into violations of human rights from 1962 to 1986.

"We are proud of this remarkable achievement and we are positive that the award will strengthen the existing working relationship between us and other stakeholders including the Government," said Kaggwa.
"This is an achievement for Uganda."

He appealed to the Government to increase funding from the current 70% to 100%, to enable them execute their constitutional duties.

"For two months now tribunals are not on because funding for these tribunals is at the mercy of other partners. We ask the Government to close that funding gap," Kaggwa elaborated.

On what the commission intendeds to do with the latest report (2011) which indicates that violation of human rights in Uganda has increased by 20%, Kaggwa said: "We have produced training manuals for the Army, Police and Prisons to ensure that they don't violate people's rights."

The Vice President, Edward Kiwanuka Ssekandi, who was the chief guest, congratulated the commission and pledged to intervene in ensuring funding for the institution.

Ssekandi, however, urged stakeholders to also be committed to the cause of ensuring that citizens abide by the established laws.

Egyptian diplomat wanted for trafficking Ugandan girls

The Uganda government is in a legal and diplomatic dilemma over an Egyptian diplomat it accuses of trafficking in humans. The incident happened in Kampala in June, but the official has since been transferred back to Cairo.

The Observer has learnt from various sources that police, the Director of Public Prosecutions and the ministry of Foreign Affairs have been cautious in their approach for fear of causing a diplomatic row.

“We would have asked for a waiver [of his immunity] if he was still in the country ... As things are now, it is a bit difficult. But my lawyers are studying the case,” said James Mugume, Permanent Secretary in the ministry of Foreign Affairs.

“What I heard is that the girl wanted to do kyeyo (odd jobs abroad) and that she applied and even paid for the job. These are complicated cases. You cannot know until you study the law, both local and international,” he said.

It is alleged that the diplomat, while serving in Uganda, met two Ugandan girls, and promised them jobs in Cairo, Egypt. However, on arrival in Cairo, the girls, whose identities are still concealed as investigations continue, were instead subjected to slavery.

“They were held incommunicado. When relatives to one of the girls contacted the Egyptian, he demanded for money. If someone is working, you don’t ask their relatives for money,” a police detective told this paper. It is that demand that sparked off a complaint in June by the girl’s relatives.

But in a bizarre twist, the suspect was recalled from his post in Kampala, back to Cairo, which left the Uganda police frustrated. It is not clear whether the transfer was routine or intended to defeat justice in Uganda.

“We had wanted to put some questions to the diplomat. To listen to his side of the story,” a police source told this paper.

The police then sought the advice of the Director of Public Prosecutions, Richard Buteera, who in turn sought advice from the ministry of Foreign Affairs. The police became even more frustrated when the victim grew cold feet.

“She didn’t want to record a statement. Her family was also hesitant because they feel that once the statements are recorded, it may be embarrassing to them,” the police source explained.

The police say it is common for witnesses to get hesitant in cases relating to trafficking in humans which usually involves young and gullible girls looking for employment. The countries where most of the girls are taken include China, India, Malaysia, Iraq and now Egypt. The Egyptian embassy in Kampala declined to comment on the matter.

Contributed by the OBSERVER

Uganda claims criminal justice improvements through better co-ordination

The Principal Judge of Uganda, Justice Yorokamu Bamwine on behalf of the Chief Justice of Uganda, presented a paper at the African Correctional Services Association Biennial Conference in Kampala, Uganda, which suggests there has been vast improvement in the operation of the criminal justice system in Uganda through the implementation of the Justice Law & Order Sector (JLOS) Programme since 1999.

The Justice Law & Order Sector (JLOS), a chain linked programme piloted in Masaka, was aimed at finding low cost solutions to systemic problems in the criminal justice system. Such problems include lengthy delays and loss of court files.

By bringing all stakeholders together, JLOS attempted to reduce the "blame game" whereby each part of the criminal justice system "blames" another part of the chain for the problems experienced. JLOS brings together all the institutions of criminal justice with a common planning, budgeting and institutional framework. In addition at every district parties are encouraged to come together periodically.

Since JLOS was implemented, the Principal Judge said, the following successes have been recorded:

     Case disposal has increased from 12% of cases to 48%

    Disposal versus new registered cases is now at 144%
    Prison congestion has decreased from 500% occupation to 214% in 2011
    Recorded crime rate has reduced from 502 per 100000 reduced to 302 per 100000
    Conviction rate has increased from 22% to 53% in 2012
    Public confidence in the criminal justice system has increased from 21% in 2005 to 60% in 2012
    Average length of stay on remand has come down from 5 years to under a year in 2012
    The prorption of the population in pretrial detention has decreased from from 70% to 53%
    Over the period June 2011 - July 2012 8546 sentenced to community service

Challenges which remain include delays experienced in the pre-trial phase. These are largely due to too many cases being registered each year. There are too few judges to deal with the registered cases. There 45 judges in whole of Uganda - some of whom are not in active service – whereas the optimum number is 82.

There is disagreement between the judiciary and the Uganda Prison Service around whether the Uganda Prison Service has the power to grant remission in relation to life imprisonment cases.

People sentenced to death remain unsentenced after the death penalty was quashed by the Constitutional Court – judges do not want to take post-conviction evidence in mitigation of sentence. This is an impasse.

Quality of defence counsel is also of concern. Counsels on state briefs are frequently newly graduated or failed lawyers. There is no  comprehensive legal aid scheme in Uganda.

Finally there is no effective probation scheme or parole system.

Justice for IDPs in Nyanza

INTERNALLY Displaced Persons' in Nyanza have expressed fears that they may not get justice at the International Criminal Court.
"It is unfortunate the ICC Prosecutor Fatou Bensouda is visiting the country and has no plans of meeting the

IDPs and victims of post-election violence in Nyanza," read a statement from Nyanza IDP's Network.
Chairman Nelson Owegi yesterday said Bessouda's predecessor Moreno Ocampo did not also visit the IDPs. On Tuesday Bensouda met President Mwai Kibaki and Prime Minister Raila Odinga at Harambee house. Today she will visit the Kiambaa church.

Gender representative Nyanza IDP Network Maurine Opondo who spoke on behalf of the IDPs lamented that even the former ICC prosecutor Moreno Ocampo failed to visit the region during his tenure despite coming to the country.

The IDP's said as victims of the 2007/2008 Post Election Violence they are concerned by ICC prosecutor Fatou Bensouda's visit to the country.

"Our concern as the IDPs in Nyanza during the visit of Moreno Ocampo he did not bother to come to Nyanza region to assess the situation of the IDPs who are integrated," read the IDPs statement.

With the new prosecutor's neglect for this region, we feel discouraged and appeal for tolerant because we all suffered as a result of the post election violence, Owegi said.

"It was Kisumu that witnessed police shootings and rape cases during the violence and we need to be told why we cannot meet the ICC bosses," he added.

Kibaki assured that the Government is committed to ensuring free, fair and peaceful elections next year. Bensouda said her main reason for visiting the country was to enhance cooperation between Kenya and the ICC.

The prosecutor will today tour Kiambaa region in the outskirts of Eldoret Town and then hold the first ever public forum by a high ranking ICC official in the region that bore the brunt of the 2007/2008 election-related violence at Eldoret Town Hall later tomorrow (Friday).

Cambodia opens the door to juvenile justice reform

NGOs push to end the human-rights suffering of children caught in the country's judicial system

Cambodia's justice system is changing. Photograph: Chiva Touch

Cambodia's justice system is changing. Photograph: Chiva Touch

Sixteen-year-old Pheakdei and Sakngea (not their real names) were jailed for two years for stealing a mobile phone worth just $20. The boys spent 18 months in detention awaiting trial, which was postponed twice because the prosecutor did not turn up, and once their case was heard they were sentenced to six months in prison – despite already having served time.

It's not unusual for minors to have their human rights violated in Cambodia's judicial system, say NGO workers in the region, despite ratification of the UN Convention on the Rights of the Child (UNCROC) in 1992.

Cambodian children are often held in pretrial detention where they wait months to have their cases heard; are tried without legal counsel in ordinary criminal courts; are given long and inappropriate sentences for petty crimes such as theft; and are placed in adult jails, where they can experience physical and sexual abuse from adult prisoners and prison staff. Child witnesses and victims of crime are also often subjected to violations, including giving testimony in open court, where they have direct exposure to the perpetrator and their supporters, and they can face harsh cross-examination.

The impact of this system on minors can be great. As Kimleng Ouk, the legal director of Legal Aid Cambodia (LAC), a Khmer-run NGO that offers pro bono legal services to Cambodia's poor, says, children in contact with the law are at risk of "prolonged interruption to their family life, education and their personal development". 

However, a major initiative seeks to make a difference. Children's Rights International (CRI), an Australian-based organisation that promotes the rights of children mainly in developing countries, is working in partnership with LAC, as well as the department of justice (through a joint working party consisting of government and a range of NGOs such as Unicef and Save the Children) to introduce a child-friendly legal system in Cambodia.

"Children represent the future of Cambodia," says Alastair Nicholson, CRI's chair and a former chief justice of the family court of Australia. "If the system respects their human rights, children are more likely to develop as law-abiding citizens and the future is good. If not, it is bleak."

CRI's programme related to Cambodia's treatment of children will run over the next three years, and longer if necessary. It will consist of mainly volunteer Australian legal and social justice professionals who will work with Cambodian judges, prosecutors, court administrators, police, correction officials and others to raise awareness and expertise of child-friendly procedures that are in line with UNCROC principles.

The programme will include the treatment of child offenders, victims and witnesses; the development and implementation of diversion programmes for child offenders away from the criminal justice system; improvement of court administration and case management in relation to children; and the care, custody and protection of children in contact with the law.

CRI's programme coincides with the Cambodian government's draft juvenile justice law, which is anticipated to come into effect in 2013 after an 11-year gestation. Nicholson says that while this law won't create a separate specialist children's court, it is expected to incorporate important reform around non-custodial sentencing of minors and their diversion from the traditional justice system. CRI's programme, with its educational and training focus, will help Cambodia's police officials, prosecutors, judges, local authorities and community organisations, who often lack understanding of children's rights, in applying this law.

The CRI programme and the new law come at a critical time. According to figures provided by Unicef, there has been a 92% increase in the number of under-18s in prison – from 403 in 2005 to 772 in 2010. These figures in large part reflect the hardship and turmoil caused by Cambodia's history. French colonialism, the Vietnam war, the genocide of the Khmer Rouge, a Vietnamese invasion and civil war have devastated the country economically and socially, leaving many youths to fall into conflict with the law just to survive.

Other NGOs have sought to address the violations children have been subjected to with a number of important services: monitoring and advocacy work; training professionals such as lawyers, prosecutors, judges and prison officials about best practice; offering legal representation to children; providing minors with healthcare, education and vocational programmes in prisons; and providing public education about the rights of children.

For example, LAC's child justice programme trains government authorities and law enforcement officers in proper practices, establishes diversion programmes for children and advocates for the protection of children against unlawful pretrial detention.

"When LAC came, my life has changed," says Nhean (not his real name), who was 12 years old when he went to jail for seven-and-a-half years for theft – a crime that he says he didn't commit. He has never fully understood what he was supposed to have done.

"The beatings stopped. We had our own rooms [a small number of prisons have separate cells for children; however, they can have up to 50 children in them] so we did not have to be under the influence of the not-so-nice adult prisoners … I would have extra food, bathing materials and some laundry soap. They have encouraged us to learn some skills: hair cutting, electronics and motorcycle repair."

The challenges are great. Institutional constraints, lack of resources, inadequate training of legal and social justice professionals in child-friendly approaches, low levels of co-operation, and corruption will all need to be tackled.


But there is hope.

Says Nicholson: "I think it fair to say that it [Cambodia] has adopted child-friendly principles and this project is about putting them into practice. The developments to date give rise to confidence that Cambodia is serious about achieving these objects."

EAC SECTORAL COUNCIL ON LEGAL AFFAIRS OKAYS TWO KEY BILLS AS 14TH MEETING CONCLUDES IN KIGALI

                                                                  

EAST AFRICAN COMMUNITY

East African Community Secretariat, Kigali, Rwanda, 24 October 2012: The 14^th Meeting of the EAC Sectoral Council on Legal and Judicial Affairs concluded Wednesday in Kigali, Rwanda with the Council considering legal content of several instruments pertaining to infrastructure; customs and trade; productive and social sectors; and legal and judicial co-operation. The Meeting was preceded by a Session of the Partner States’ Deputy Attorneys General, Solicitors General and Permanent Secretaries from the Ministries of Justice.

The Sectoral Council cleared the legal content of the East African Community One Stop Border Post Bill, 2012 and the East African Community Vehicle Load Control Bill, 2012 for the Council of Ministers’ introduction in the East African Legislative Assembly later this year. The two bills will legislate the operation of the planned one stop border posts and the application of a uniform vehicle weight (axle load) limit for the region, respectively.

The Sectoral Council whose composition includes the Partner States’ Attorneys General, Solicitors General as well as Ministers responsible for judicial and constitutional affairs, also approved the legal content of the draft EAC Protocol on Peace and Security; the draft EAC Protocol on Sanitary and Phytosanitary Measures; the draft EAC Protocol on Information and Communication Technology Networks and advised the Council of Ministers to conclude them.

The Sectoral Council made legal input into regulations relating to enforcement of technical matters, designation and testing laboratories and product certification under the East African Community Standardisation, Quality Assurance Metrology and Testing Act, 2006.

The Sectoral Council deferred finalisation of legal input into the East African Community Anti-Counterfeit Bill, 2012 pending further policy guidance from the EAC Sectoral Council on Trade, Industry, Finance and Investment.

The Sectoral Council deferred consideration of matters relating to the jurisdiction of the East African Court of Justice; proposed amendment of the EAC Treaty and Rules of Procedure for the Council of Ministers; and Study on Harmonisation of Legal Training and Practice Pending further consideration by Partner States. These matters will be considered at the Sectoral Council’s next Ordinary Meeting.

Addressing the Sectoral Council on behalf of the Secretary General, the Counsel to the Community, Hon. Wilbert T. K. Kaahwa, echoed the critical role the Sectoral Council plays in the EAC integration process.

Hon. Kaahwa noted that the Sectoral Council was not only the first Sectoral Council that the Council of Ministers established in the institutional framework way back in 2000 but it was also the organ charged with ensuring that all decisions and directives of the Council that require legal input progressed in a manner that was in conformity with the EAC Treaty and its relevant annexes.

“This role applies to clearance of all Bills, protocols, procedures and similar instruments of a legal nature. It is therefore very important that this Sectoral Council meets as often as it is scheduled to,” Hon. Kaahwa said.

Present at the meeting were Hon. Prof. Githu Muigai, Attorney General of the Republic of Kenya and Chairperson of the Sectoral Council; Hon. Peter Nyombi, Attorney General of the Republic of Uganda; Hon. Tharcisse Karugarama, Minister of Justice/Attorney General of the Republic of Rwanda; His Lordship Mr. Justice Frederick M. Werema, Attorney General of the United Republic of Tanzania; and Hon. Pascal Barandagiye, Minister of Justice and Holder of Seals of the Republic of Burundi.

In attendance were Hon. Peter Munya, Assistant Minister of East African Community, Kenya; the Deputy Attorney General of Tanzania, the Solicitors General of Uganda and Kenya, the Permanent Secretaries of the Ministries of Justice of Rwanda and Burundi; the Chairpersons of the Law Reform Commissions of Kenya and Rwanda; and senior officials from the Partner States, Lake Victoria Basin Commission and EAC Secretariat.

Kenya: Post-Election Violence Case Will Continue - Chief Prosecutor

 Bensouda

 INTERNATIONAL Criminal Court chief prosecutor Fatou Bensouda yesterday insisted that she would oppose deferring the trials of presidential aspirants Uhuru Kenyatta and William Ruto.

However she said she would not be amending the charges against the four Kenyan suspects: Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Public Service chief Francis Muthaura and broadcaster Joshua arap Sang.
"We are carrying on with the same charges. There are no amendments yet," she stated. Bensouda, a
 Gambian national who took over Luis Moreno Ocampo in April, repeated that the ICC will not be influenced by political events in Kenya.

Both Uhuru and Ruto have insisted that they will stand for president in the March 4, 2013 elections. A second round run-off would be on April 11 but the trials of Uhuru and Ruto are due to start on April 10 and 11.

"Based on their calendar and their workload, the judges have set the start of the trials for April next year. My office is working at full speed to prepare for the start of the trials and the process of disclosure has already begun," she stated.

"The political future of Kenya is in the hands of Kenyans themselves. The people of Kenya will decide on the outcome of the upcoming elections and ultimately, they will shape the future of this great country. The ICC judicial process will also take its own course irrespective of the political choices that the people of Kenya make," Bensouda added.

Bensouda conceded that any decision to defer the trials lay with the judges but was firm that she would not welcome petitions by the defence to delay the start of the trials.

"Our timetable is our timetable," she said. She regretted that the trials had been politicised. "Let me stress this: the people of Kenya are not on trial; the Government of Kenya is not on trial and no ethnic community is on trial before the ICC. The allegations concern individual criminal responsibility. The four accused will have a fair trial and an equal opportunity to refute the allegations. Their guilt or innocence will be established by the Judges at the conclusion of these trials," she said.

She added that the Rome Statute has no provision for immunity, even for sitting presidents. "The Judges of the ICC have agreed that four suspects must face justice for crimes they allegedly committed during the PEV.

The ICC Judges have agreed there are substantial grounds to believe that the four suspects committed the crimes they are charged with and that the cases should go to trial. The four are presumed innocent until proven guilty and the burden of proof is on my Office to prove the cases against them beyond reasonable doubt."

Bensouda briefed the press yesterday after arriving in Kenya yesterday morning at the start of a five-day visit. "We are working hard every day to address efforts to interfere with our witnesses and our evidence. It is a concern for us, both as the Office of the Prosecutor and the trial judges and we are looking into it very seriously. We want all those tampering with witnesses to stop," Bensouda said.

She added that those interfering with witnesses could be charged under the Rome Statute. "We need to continuously connect with the victims. We are not seeking new witnesses. We are preparing for trials full speed ahead. Our focus is on the trials," she said.

Bensouda is accompanied by Phakiso Mochochoko, Head of the Jurisdiction, Complementarity and Cooperation Division, and Shamiso Mbizvo, Cooperation Advisor.

Her itinerary includes meeting President Kibaki, Prime Minister Raila Odinga, members of the diplomatic community and the top officials. The Prosecutor wants to meet with Kibaki and Raila to confirm Kenya's cooperation with the ICC.

"As with any judicial process we face challenges. We are also working to resolve delays in the execution of our requests by the Government of Kenya. One of my reasons for coming is seeking to strengthen cooperation," she said. She dismissed criticism that the ICC is only targeting Africans.

14TH MEETING OF THE SECTORAL COUNCIL ON LEGAL AND JUDICIAL AFFAIRS UNDERWAY IN KIGALI, RWANDA

East African Community Secretariat, Arusha, Tanzania, 22 October 2012: The 14^th Meeting of the EAC Sectoral Council on Legal and Judicial Affairs is taking place 16-22 October, 2012 in Kigali, Rwanda, to consider several instruments in Customs and Trade; Planning and Infrastructure; Productive and Social Sectors; and Legal and Judicial matters.

Specifically, the meeting is to consider the East African Community Anti-Counterfeit Bill, 2011; EAC Vehicle Load Control Bill, 2012; the East African Community Protocol on Information and Communications Technology Networks; the East African Community Protocol on Sanitary and Phytosanitary; and the Comprehensive Technical Paper on the Summit Directive to Extend Jurisdiction of the East African Court of Justice to Include Among others Crimes Against Humanity.

The meeting will also consider the Report on the East African Regional Study with a view to Harmonize Legal and Regulatory Framework Governing Legal Training, Certification and Practice within the Community; Report of the East African Judicial Education Committee; and Report of the Sub-Committee on Approximation of National Laws into EAC context.

The session of the Sectoral Committee on Legal and Judicial Affairs was held from 19-21 October; the session of the Deputy Attorneys General/ Solicitors General/ Permanent Secretaries on 22- 23 October and the Ministerial and Attorneys General session is on 24 October 2012.

Background to members of legal link international

EAC Vehicle Load Control Bill, 2012

Vehicle over-loading in national and regional transit highways remains one of the major causes of failure of the road infrastructure in the EAC Partner States. This failure has resulted in high costs of transport and frequent maintenance requirements. Unfortunately, the balance between trade facilitation and protection of the road infrastructure has not been achieved due to lack of a harmonized approach to this problem in the region.

In view of this, the Council of Ministers approved a study on the East African Transport Facilitation Strategy to, among others; develop a framework for effective vehicle load control. The Study, which was carried out from December 2010 to July 2011, covered the five EAC Partner States.

The Report of the Study and its recommendations were adopted by the Sectoral Council on Transport, Communications and Meteorology at its 9^th Meeting held in November 2011. The Study recommended, among others, the development of an EAC Bill to provide for the application of a harmonized EAC Vehicle Load regime. The Sectoral Council is expected to consider and adopt the EAC Vehicle Load Control Bill, 2012 for introduction in the East African Legislative Assembly.

Protocol on ICT networks

The Council of Ministers at its 22^nd Meeting held in April 2011 recommended that the Partner States conclude a Protocol on ICT networks in order to facilitate the successful operation and cross-border interconnection of broadband ICT networks.

Following this recommendation, the Sectoral Council on Transport, Communications, and Meteorology at its 8^th Meeting, directed that an EAC Protocol for ICT Networks be developed. In line with the directive, a draft Protocol was developed by experts from Partner States.

The draft Protocol was considered and adopted by the Sectoral Council on Transport Communications and Meteorology, at its 3^rd Extra-Ordinary Meeting held in February 2012. It was further considered and adopted by the Council of Ministers at its 25^th Meeting, held in August 2012. The Council of Ministers referred the Protocol to the Sectoral Council for legal input.

Protocol on Sanitary and Phytosanitary

At its 20th Meeting held in March 2012, the Council of Ministers adopted the draft Protocol on Sanitary and Phytosanitary (SPS) and referred it to the Sectoral Council for legal input. At its 10th Meeting, the Sectoral Council considered the Draft Protocol and directed the Secretariat to convene a meeting of SPS Experts and Draftsmen to improve the Protocol and its annexes.

Extending Jurisdiction of the EACJ

At its 24^th Extraordinary Meeting held in April 2012, the Council of Ministers was informed that at its 10^th Extra-Ordinary Summit held on 28 April 2012, the Heads of State welcomed the Resolution by the East African Legislative Assembly of expediting amendment of the Treaty to extend jurisdiction of the East African Court of Justice or the conclusion of the Protocol on this matter.

The Summit noted the need to look into the matter of extending this jurisdiction to cover, among others crimes against humanity. The Summit also directed the Council to consider this matter by end of May 2012 and report to an Extraordinary Summit to be convened immediately thereafter.

Harmonizing the Legal and Regulatory Framework

At its 25^th Meeting held in August 2012, the Council of Ministers took note of the Report on the East African Regional Study with a view to harmonizing the Legal and Regulatory Framework Governing Legal Training, Certification and Practice within the Community and directed the Secretariat to submit it to the Sectoral Council on Legal and Judicial Affairs for consideration.

Approximation of National Laws in the EAC

The Meeting of the Sub-Committee on Approximation of National Laws in the EAC context was held in July, 2012. The Sub-Committee considered issues pertaining to work permits in the Partner States’ national laws governing immigration and EAC Common Market Protocol; Principles and other areas for harmonization of Partner States’ laws governing labour and employment; conflicts and areas of divergences between Partner States’ national laws governing labour and EAC Common Market; identification of priority laws for harmonisation; report on harmonization of the Partner States’ commercial laws; involvement of stakeholders in the activities of the Sub-Committee and activities of the Sub-Committee for the FY 2012/2013

Top of Form