Interview: Rwanda Should close Illegal Gikondo Detention Center

Detainees at Rwanda's Gikondo Rehabilitation Center

Rwanda’s capital, Kigali, stands out as a safe and tidy city.  Keeping Kigali clean, however, comes at a high price for those who can least afford to pay it – the city’s homeless, its street hawkers, and others living on society’s edge. Rounded up on a regular basis, these ”undesirables” are locked away in Rwanda’s Gikondo Transit Center, where several hundred people may share a room in cramped conditions, supplies of food and water are insufficient, and certain detainees called “counselors” beat other detainees with wooden sticks. A Legal Link Internatioal researcher speaks with Birgit Schwarz about the new report, ‘Why Not Call This Place a Prison?’, and the realities in Gikondo Transit Center.

 Who are the people held at the center and why were they detained?

The people detained at Gikondo are among the poorest in the capital. They include street hawkers, homeless people, sex workers, beggars, and other vulnerable people from the margins of society -- people who are seen as tarnishing Rwanda’s image as a safe and progressive country.  They are arbitrarily rounded up by the police on the streets of Kigali.  Gikondo is where people often go to look for a relative or friend who has gone missing. Thousands of people have passed through the center over the past 10 years.

In what way and how often do these round-ups happen?

The round-ups happen arbitrarily, without arrest warrants or any other legal procedures.  One woman told us she was arrested on her way to the market and accused of being a prostitute.  Many women, especially street vendors, are arrested with their young children. The round-ups come in waves, a former detainee told us. At times nobody is arrested for a whole week and then all of a sudden, there can be round-ups every day. Sometimes as many as 70 people are arrested at the same time, put on trucks and taken to Gikondo.

On what legal grounds are sex workers and homeless people arrested? Are they committing an offense according to Rwandan law?

Sex work and vagrancy are illegal in Rwanda. Human Rights Watch believes that criminalization of sex work is harmful to sex workers, who are overwhelmingly women, and exposes them to enhanced risk of harm, exploitation and violations of their rights. A wider concern here is that due process is not being followed. The arrests are arbitrary, there are no processes in place to regulate arrests, detention, or release. None of the former detainees we had spoken to had been charged or brought before a court. There is not even a legal framework that governs Gikondo, as the minister of justice admitted to us in a letter last year.

In what conditions are these people held?

The center consists of a large warehouse with four rooms built around a courtyard. Former detainees compared its layout to “airplane hangars, big and long.” Several hundred detainees can be made to share one of these rooms; sometimes they do not even have enough space to lie down. Detainees have different names to describe these rooms. They often refer to the women’s room as the room for prostitutes or sex workers, even though many of the women were arrested for other alleged offenses. Another room, for men accused of minor offenses, is commonly called the room for “men who stole and who continue to deny it.”

The standard food ration consists of a cup of boiled maize, sometimes mixed with beans, once a day.  Water is only provided sporadically. Medical care is erratic. Hygiene and sanitary conditions are very bad. Mothers with young children are not provided with milk or baby food. The kids are given porridge once a day mixed with water. When there is no porridge, they are given the water that was used to cook the beans.

Detainees are not allowed to contact relatives, friends or lawyers to inform them that they are held at the center, and they cannot receive visits.

Detainees are beaten on a regular basis. Most of the beatings are carried out by other detainees, known as “counselors,” whom the police have put in charge of the center’s internal security. They carry wooden sticks of which they make ample use any time a detainee breaks trivial rules, such as stepping out of the toilet line or talking too loudly. The first beatings usually occur upon arrival to extort “candle money” – money to avoid the beatings. Those who cannot afford to pay, get the stick.

The government claims Gikondo is a rehabilitation center. Why do you call it a detention center?

Rehabilitation implies some sort of process geared toward a positive outcome and reintegration into society. Yet every former detainee we spoke to testified that the period they spent in Gikondo had made their life more difficult. Some had undergone extreme suffering there, as a result of ill-treatment and the deplorable conditions.   None of the former detainees we spoke to had gone through any form of rehabilitation or other activities at Gikondo, or received any support or assistance.

Once released, some former detainees, especially sex workers and street vendors, simply went back to the work that had led to their arrest in the first place, for lack of alternatives.  As a result, many were then re-arrested and sent back to Gikondo, not only once, but several times.  Some of those we spoke to had lost count of the number of times they had been taken there.

Who decides when a detainee is to be released?

Decisions on releases are as arbitrary as decisions on arrests. People can be detained in Gikondo for periods ranging from a few days to several months. Sometimes the guards will decide that a detainee has spent enough time at the center and they’ll simply release them.  One woman told us she was released when her 7-month-old son got sick and could not eat anymore. The easiest way to get out is to pay the police.  Corruption is common in Gikondo.

What was the most shocking  story you came across?

Earlier this year, a woman whom our researcher had already interviewed several times came to see us and broke down crying. She was a street hawker, selling clothing and belts. This time around she had been detained with her small child and, too destitute to pay for “candle money,” was beaten by the “counselors.” “They beat us like cows,” she said. The place made her feel less than human. “You know, we have no one else to go to,” she told us. “Are you going to help us close this place?”

What was the hardest part of this research?

The hardest part was probably trying to reassure the victims that we were going to guard their confidentiality, not reveal their identity, and persuade them that they could speak to us freely.  Although they were fearful, many were adamant that the truth about Gikondo be told.  “We live in fear of this place,” they’d say.  “Do what you can to close this place.”

How did you find out about the center?

We’ve known about it for at least 10 years, since 2005.  In 2006, we already published a report on children (particularly street children) who were detained there.  It was only in August 2014 that the Rwandan authorities decided to stop sending children to Gikondo.

What do you want the Rwandan government to do about the situation?

Gikondo should be closed immediately. If the Rwandan police have grounds for believing any of the detainees should be charged with a legitimate criminal offense, those people should be transferred to an official normal detention center, brought before a court, and put through the correct process. The Rwandan police should stop rounding up people who are vulnerable and marginalized, and who live on the parameters of the economy and society. Their lives are already difficult enough as it is.

Ghana: 'Gov't Receives IMF Cash From Back Door'

The Minority New Patriotic Party (NPP) in Parliament has charged the International Monetary Fund (IMF) to cease further disbursement of monies to Ghana, per the three year bailout plan, as the deal has not been rectified by the Ghanaian Parliament.

According to the Minority, the Mahama Administration and the IMF have violated the laws of the country by approving and disbursing monies without parliamentary approval.

Addressing a news conference in Accra yesterday, the Minority Spokesperson on Finance, Dr. Anthony Akoto Osei and the Member of Parliament for Effutu, Alexander AfenyoMarkin said they were appalled that the IMF, with all its experience in the surveillance of its programs, would "condone such an egregious act" by the government of Ghana.

The Minority is urging IMF to, in the interim; defer extra disbursement of its credit facility to Ghana, till the contractual agreement about the bailout programme receives parliamentary approval.

Dr. Akoto Osei, delivering the Minority view said though Article 181 (3) of the constitution states that "no loan shall be raised by the government on behalf of itself or any other public institution or authority, otherwise than by or under the authority of an Act of Parliament," the ruling NDC administration has violated the law and went ahead to approve the deal without recourse to Parliament.

"President John Dramani Mahama has violated the Constitution as far as the IMF ECF loan is concerned.In this respect we strongly demand that the President takes immediate corrective measures and call on the Speaker to cause Parliament to be recalled to approve of or otherwise of the IMF ECF Loan.

"We demand further that this exercise be undertaken no later than by the end of this month, September 2015," observed Dr. AKoto Osei. According to the Ranking Member on Finance, should their demand fall on death ears, they would have no option than to use all avenues including going to court to ensure that the sanctity of the Constitution is protected.

Despite this demand for a recall of Parliament by the Speaker to rectify this gross violation of the Constitution, we reserve our right to use all avenues to ensure that the sanctity of the Constitution is protected should the government be adamant.

Background

The government of Ghana in August 2014, recognizing that its economic policy were not bringing the expected results, requested an arrangement with the International Monetary Fund (IMF) to help support stronger policy adjustment, restore market confidence and revive Ghana's "transformational agenda".

Under the IMF extended credit agreement, Ghana is to benefit from about US$918 million. The agreement aims torestore debt sustainability, rebuild external buffers and eliminate fiscal dominance of monetary policy.

Also it aims at restoring macroeconomic stability in the country to foster a return to high growth and job creation, while protecting social spending. Ghana is currently enjoying a three year IMF Extended Credit Facility worth US$918million. Since the approval on April 3, 2015, the Breton Woods Institution has released an amount of US$233.2 million to the government.

By LEGAL LINK INTERNATIONAL.WEST AFRICA BEAURAL 

MAFIAS WHO CHEWED UGANDA'S ROADS MONEY AND SOON GOING FREE

Rape, Stigma, Poverty - the Lot of Urban Refugees in Cameroon

Yaounde — Eleven-year-old Christian* and 13-year-old Pauline* stare down blankly at the health cards grasped tightly in their hands at the Red Cross medical centre in Cameroon's capital.

Both fled conflict in Central African Republic (CAR) in June 2013 and resettled as refugees in Yaoundé. Both have since been the victims of sexual assault and rape. Both are struggling to survive on their own in a large, foreign city.

Christian, his head still partly covered in medical tape, recalled what happened on 7 July when the two were returning home from the house of Mama Florence, a local Cameroonian woman who offers them food from time to time.

"Four thugs came out of an abandoned house, knife and screwdriver in hand," he told IRIN. "It was like a horror movie. We were forcibly taken inside [and raped]."

Pauline had already been attacked and raped once before in Yaoundé, in late 2014.

"In [CAR], I used to wish to die," she told IRIN. "I fled to escape that violence, but I still suffer. Maybe I should have died there, because here we are the prey of paedophiles."

No safety net in the city

There are no official figures, but many teenage refugees who end up scraping by in major cities across the globe are subjected to violence and sexual exploitation.

In rural areas, refugees are often welcomed in and cared for by host populations, whereas in cities they are not only on their own when it comes to finding food, shelter and other necessities, they are also often stigmatised and taken advantage of. Without the same support system, they are generally a lot more vulnerable.

"We are aware of the phenomenon of sexual abuse against refugees, particularly in Yaoundé," said Damien Noma, executive director of local NGO Respect Cameroon.

"The problem extends beyond refugees, of course, but most abusers are nationals who are aware of the status of their targets, and these aggressors tell them: 'you cannot complain because you are not at home.'"

Many urban refugees don't know their rights, or, if they do, they're too afraid to exercise them.

Christian and Pauline, for example, told LLI they didn't initially report their rapes because they were too frightened of the Cameroonian authorities.

"Most suffer more because there is a lack of knowledge of the laws and regulations and international conventions meant to protect them," said Noma. "The refugee just doesn't know that his rights go beyond the sole consideration of basic needs."

The stigma facing refugees here is considerable. They are often accused of being unruly, disrespectful, dirty, or of carrying disease. Others face frequent harassment by the police, including beatings, intimidation, illegal detention and corruption, according to Cameroon's Association of Human Rights.

Many female refugees end up becoming involved in prostitution or human trafficking.

"Last month, my girlfriend and I were rounded up and kept overnight, under the pretext that we were prostitutes," said Genevieve Anaki, an Ivoirian refugee in Yaoundé. "The policemen robbed us and demanded sexual favours before our release."

Gerard Tsamo, a lawyer in Yaoundé, told LLI: "They [urban refugees] are in constant danger, especially when it comes to violation, detention, deportation or sexual exploitation."

Is anyone helping?

In a country with high levels of joblessness - at least 6.3 million of Cameroon's overall population of 22 million were either unemployed or underemployed last year - extreme poverty is pervasive among urban refugees.

"Before the attack, I would shine shoes, wash cars, and sometimes stole just to survive," Pauline said.

The UN's refugee agency, UNHCR, says that in 2014 it offered humanitarian assistance and protection to some 14,000 refugees and asylum seekers residing in urban areas in Cameroon, in conjunction with the government.

Activities included documenting urban refugees so that they receive aid, improving community relations between local citizens and refugees, and ensuring that livelihood needs are met.

The police say they too are working to protect refugees - not to take advantage of them.

"It's wrong what you are told [about refugees being detained and beaten]," Paul Ella, a police officer in Yaoundé, told LLI. "The police here are responsible and we are well trained to respect human rights, even those of refugees."

Urban refugees here share the challenges of those living in the poorest neighbourhoods of Yaoundé, such as extreme poverty and limited access to basic services, but they also face additional barriers because of their uncertain legal status and lack of proper documentation.

"Access to rights... would build them up, inform them and engage them," Linda Oyongo, who works with Cameroon's Association of Human Rights, told LLI.

What Lies Behind the Rise of Jihadist Movements in Africa

The failure of African states to adequately address their racial, ethnic, cultural, religious and economic differences provided the fertile ground on which rebel groups now prosper.

Africa arguably faces the biggest threat to political stability since the collapse of colonialism in the mid-20th century.

The threat comes in the main from the proliferation of militant Islamic groups in parts of the continent. These groups, which strike at the heart of African cohesion  and nation-building, include:

al-Queda in Islamic Maghreb - in the northern and western Africa region, covering Morocco, Tunisia, Algeria, Libya and Mauritania;

Boko-Harram in north-eastern Nigeria;

al-Shabab in Somalia;

 Mulathameen Brigade in Algeria;

 Ansar al-Dine in Mali;

 Seleka in the Central African Republic; and

Ansar al-Sharia in Tunisia.

Journalists, analysts and scholars provide crucial insights into the identity and practices of Africa's rebel groups. But credible information is invariably a casualty of war. This requires people to exercise a high level of critical analysis to attain an unbiased understanding of conflict in Africa.

The consequences of the support by the West for oppressive African regimes needs to be considered. In turn, strident Muslim aggression needs to be understood in relation to the influence of Western-based Christian fundamentalist groups in Africa. Many devout Muslim believers see this as a muted form of the   Christian crusade sthat endured for 200 years.

Some 800 years later, the current conflict is understood as a continuing fight for the purity of an Islamic belief. For them, defeat is not an option.

Drivers of the jihadist conflict

Understanding jihadist conflict in Africa needs to address at least the following five elements.

Ideological conflicts

TheSykes-Picot agreement,which entrenched European dominance in the Arabian Peninsula in the wake of the first world war, plus the West's protection of the newly established state of Israel in 1948, resulted in a resurgence of Islamic extremism in global politics.

The effects of the Cold War escalated, and the African independence struggles resulted in a plethora of African coup d'etats, counter-coups and deep-seated tensions in the 1950s and 1960s. This ideological conflict soon mutated into resource wars and economic deprivation, manipulated by religion and culture, still today.

Dominant groups

African notions of state have their roots in colonial law, which resulted in political control by a dominant group. This "crime", says world-renowned Ugandan scholar Mahmood Mamdani, led to the politicisation of culture, religion and indigeneity to the exclusion of subservient and minority groups.

The failure of African states to adequately address their racial, ethnic, cultural, religious and economic differences provided the fertile ground on which rebel groups now prosper.

The gap between the basic principles of democracy and political participation, and their non-implementation, has contributed to the stand-off between government and individual ethnic, cultural and religious groups.

Economic dependency

Capitalism, deeply entrenched in the global economy, has produced dependent African economies. Only a minority of grassroots Africans have been drawn into the middle and upper classes which, in the words of South African political analyst Steven Friedman, constitute an exclusive club "never meant to be for everyone".

In the absence of compromise between the two ends of this economic divide, the fabric of African co-existence is under serious threat. This contributes significantly to the fight-back by Africa's poor, which includes a growing number of alienated and unemployed young people.

Toxic mix of religion and poverty

African poverty acts in a symbiotic relationship with religion, which is a powerful mobilising force among poor communities.

Priests, mullahs, rabbis and other religious leaders are frequently associated with extremist views which they communicate through religious language and symbols that acquire apocalyptic dimensions involving a choice between divine wrath and favour. They demand dogmatic obedience by their followers, while promising rewards in heaven.

At the same time, there are inspirational religious leaders and grassroots believers in Islam and Christianity who affirm the supremacy of God and Allah over state and rebel leaders.

But their focus on the pre-eminence of the divine is largely suppressed as institutional religion is captured by the dogma of ruling and rebel groups. This lifts the political conflict into the realm of spiritual encounters between rebels and the state.

Driven by different forms of propaganda, this dogma promotes and legitimates violent behaviour. Believers engage in civilian massacres, kidnapping and abduction, rape of women and girls, forced marriages and the killing of so-called infidels and apostates. The slaughter of rebels by government forces also occurs under this rubric.

Dehumanisation of the other

The extent of this violence, driven by a sense of exclusivity, moral superiority, religious intensity and blind submission to authority has resulted in the endemic demonisation and dehumanisation of "the other".

This is true among Christians, Muslims, members of opposing groups or those who are indifferent to the prevailing conflict. It is evoked by rebel groups as well as strident state officials who sanction violence as the only solution to the prevailing conflict.

There are no quick answers to the toxic mix of the above five ingredients. Understanding and unravelling the intertwined causes will require critical elements that need to be creatively reviewed by African leaders, credible facilitators and a pool of multi-disciplinary analysts.

Karl Marx warned that "the tradition of dead generations weighs like a nightmare on the brain of the living". The past needs to be pondered as a basis for each new African generation to create a new future.

If individual African countries, together with regional and global agencies, fail to embrace this responsibility,
 Africa's much-heralded economic progress is likely to be engulfed in an ideological war which knows no state borders.

AU.ECOWAS WHY ARE YOU SILENT ABOUT THE DEATH OF THOUSANDS OF AFRICANS IN THE MEDITERRANEAN SEA

The recent drownings of African migrants in the Mediterranean Sea, just south of Sicily, have caught global attention and stirred an uproar.

This is hardly the first time illegal migration by boat has claimed the lives of Africans, though this latest incident has been for many the last straw. European Union member states had to call an emergency meeting in the wake of the recent calamity, the recurrence of the phenomenon having become something of a moral burden for the West.

As former United Nations Secretary-General Kofi Annan tweeted, "The #migrants dying in the #Mediterranean Sea are not unwanted trespassers. They are human beings."
Annan is quite right. The deaths of thousands of human beings in such horrible conditions is nothing short of a human disaster and could not have left the "moral" West indifferent.

Conversely, on the African continent, our leaders do not seem to be bothered by this umpteenth accident. Does this attitude equate to indifference? Is it really that our leaders just don't care? And if they don't, how can we ever hope that this situation will improve?

The issue is far more complex than it seems. Recent events expose not only the inability of African governments to provide jobs for their predominantly youth populations, but they highlight the level of desperation of these young (mostly) men who have little hope of a better future in their countries due to the lack of clear and concrete government policies targeting their demographic.

In my view, the lack of reaction on the part of the African leadership is not due to indifference but rather to discomfort, guilt and helplessness.

One month after the event, Senegal is unable to tell how many of its citizens were victims. This is no doubt the case for each of the other African countries involved.

Senegalese officials and human rights organizations are busy discussing numbers and facts - how many died? How many similar events have taken place in the last year? Where did the Senegalese victims depart from?

Officials went as far as to say that those who have lost their lives left Senegal more than three years ago. In my view, this is a grotesque attempt to shirk the current administration's responsibility. It also completely misses the point.

The bottom line is that even one life lost is one life too many. But as is often the case, Africans turn to the West for solutions, going so far as to critique Europe for calling a meeting to talk about illegal migration without inviting those main players involved: African leaders themselves.

This is ridiculous. It should be Africa that is calling a meeting and inviting Europe, not the other way around. If Africans don't respect themselves, why should they expect respect in return? Why should the West take the lead in African matters?

Until now, no African body has called for an emergency meeting - neither Ecowas nor the African Union. This is despite news of more migrants' boats being intercepted or rescued from the Mediterranean nearly every day.

African leaders need to start getting serious if they want to be taken seriously. Whenever the continent is in a dire situation, the leadership is wanting.

Reports have shown that the migrants come from all over the African continent. Therefore the AU, as the continental body, should take the lead in addressing this issue. They should engage Europe on the best solutions to illegal migration that would address not only the human rights of the migrants, but also the drivers of illegal migration and how it might be curbed.

The attitude of the African leadership contrasts glaringly with that of the African youth who have been very vocal on social media, denouncing the deafening silence of their governments and expressing anger at leaders who are quick to hop on a plane with taxpayers' money to stand with the West when it's #JesuisCharlie, but who are voiceless when the African ship keeps submerging, when it's #Mediterranean #Migrants #Kenya #Garissa and #BokoHaram.

We can salute Africa's youth for taking such a stance. The issue now is how to empower them to push their governments into action. Civil societies all over Africa should go beyond blaming governments, and play a more active role in sensitizing young people and putting pressure on governments to have clear development policies and opportunities for them.

This is no easy task. But it's one that if not addressed sooner rather than later will put thousands more lives at risk.

Deposed President Morsi Sentenced to Death Despite UN Opinion Asking for Release

Egypt's deposed president Mohamed Morsi raises his hands from behind the defendant's cage as the judge reads out his verdict sentencing him and more than 100 other defendants to death at the police academy in Cairo on Saturday.

On 18 May 2015, Alkarama sent an urgent appeal to the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions (SUMX) regarding the sentencing to death of Mohamed Morsi, first democratically elected president of Egypt, together with 105 co-defendants for having escaped the Al Wadi Natrun prison during the 2011 revolution.

Dr Morsi was sentenced to death despite a December 2013 Opinion by the UN Working Group on Arbitrary Detention (WGAD) finding "the deprivation of liberty of Dr. Morsi and his advisors (...) arbitrary."

The Opinion followed an urgent appeal sent by Alkarama on 15 July 2013 in which Alkarama considered the arrest of Morsi and his co-defendants as a violation, not only of their rights to liberty and to security, but also of their right to fair trial procedures, and called upon the WGAD to intervene to protect them from torture and secure their release.

Morsi had already been sentenced to 20 years in prison along with other members of his staff in April 2015 in the so-called "Presidential Palace" case.

This time, and despite several procedural irregularities in this new trial, the former president was sentenced to death, together with 105 other individuals, including Brotherhood Supreme Guide Mohamed Badie, Freedom and Justice Party General Secretary Mohamed Al-Beltagy, and controversial preacher Safwat Hegazy.

Not only was Morsi not charged during the first days of his detention - in violation of Articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR) ratified by Egypt in November 1989 - but his lawyer was not always present during his hearings, violating several of his fair trial rights. Additionally, Morsi was reportedly detained incommunicado in a fake civilian prison at the edge of a naval base, which in itself characterises a form of arbitrary detention.

The decision of the Cairo Criminal Court to sentence Morsi and the other 105 individuals in a mass trial will now be reviewed by Egypt's Grand Mufti - whose opinion is not legally binding - in view of the issuance of the final sentence on 2 June 2015 - a decision which should be possible to appeal.

"We are extremely concerned with the turn of events in Egypt, and in particular with the recent sentencing to death of these 106 individuals, including deposed President Mohamed Morsi," declared Rachid Mesli, Legal Director at Alkarama.

"By issuing such a sentence against the regime's political opponents - and in particular leaders of the Muslim Brotherhood - in complete disregard for the numerous irregularities in this trial and in spite of the international community's previous outcry regarding mass sentences, the Egyptian judiciary has again demonstrated that it is, in fact, just a tool at the service of the executive branch and the army."

In addition to the death sentence handed against them, Morsi and some of his staff members are still prosecuted under other charges, such as that of having "collaborated with the Hamas and the Hezbollah," "colluded with Qatar," or "insulted the judiciary," which could lead him to be sentenced to death for a second time, during his detention in Tora prison, a place notorious for the practice of torture within its walls.

Alkarama therefore called upon the SUMX to urgently intervene with the Egyptian authorities and call upon them not to carry out the death sentences, shall they be confirmed on 2 June, to dismiss all charges held against Morsi and to release him immediately, as requested in the WGAD Opinion.

U.S. Congress to Hold Hearing On Rwanda's Troubling Human Rights Record

Legal Link International-Washington, DC — Witness David Himbara: Hearing to Shine Light on President Kagame's Repressive Regime

The House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights and International Organizations announced today that it will hold a hearing on May 20 to examine Rwanda's deteriorating human rights record under President Paul Kagame.

The hearing, "Developments in Rwanda," will feature testimony from several experts on Rwanda including David Himbara, a former top economic aide to President Kagame and coordinator of the North American branch of Democracy in Rwanda Now (DIRN); Robert Higiro, a former Rwandan army major who fled the country when he was ordered to assassinate Rwandan dissidents living in South Africa; and Robert Jackson, Principal Deputy Assistant Secretary in the US Department of State's Bureau of African Affairs.

"I highly commend Chairman Christopher Smith (R-NJ) and Ranking Member Karen Bass (D-CA) for holding this very important hearing, which will shine a brighter spotlight on Rwanda's troubling and worsening human rights record," said Mr. Himbara.

"I sincerely hope that this hearing, in addition to raising awareness among members of Congress and the American people about President Kagame's repressive regime, serves as a critical step toward ending the troubling, long-established authoritarian governance of Rwanda. The Rwandan people deserve to live in a country of opportunity and freedom, not one of tyranny and fear."

In recent years, President Kagame has taken deliberate steps to control Rwandan media, silence all opposition and quiet those who criticize his regime, as evidenced in Human Rights Watch's World Report 2015. The US State Department has condemned these actions, with spokesperson Jen Psaki noting in a Jan. 16, 2014, press briefing that the United States is "troubled by the succession of what appear to be politically motivated murders of prominent Rwandan exiles."

Many Rwandan opposition activists have disappeared or died under mysterious circumstances; the State Department's 2013 Country Report on Human Rights Practices states that Rwanda has "major human rights problems," including "arbitrary or unlawful killings both inside and outside of the country, disappearances, torture, harsh conditions in prisons and detention centers, arbitrary arrests, prolonged pretrial detentions and government infringement on citizens' privacy rights."

Democracy in Rwanda Now (DIRN) is a non-profit, non-governmental organization that promotes democracy, free speech and human rights for Rwandans.

EAST FRICAN COURT OF JUSTICE (EACJ) MANDATE BOOSTED

 The East African Court of Justice (EACJ) can now handle crimes of international proportion such as genocide, crimes against humanity, terrorism and war crimes following endorsement by East African Community Heads of State.

The extension of the court's mandate was made during the EAC Heads of State Summit in Nairobi, Kenya, on february 2015, that was held under the theme, "Deepening and accelerating integration: Towards Political Federation."

The summit was attended by Presidents Paul Kagame, Uhuru Kenyatta (Kenya), Jakaya Kikwete (Tanzania), Yoweri Museveni (Uganda), Pierre Nkurunziza (Burundi), as well as Salva Kiir of South Sudan, who attended as a guest.

Previously, the court's mandate was limited to resolution of disputes within EAC member states.
The extension of mandate was proposed by the Council of Ministers for approval by the Heads of State last year. It called for adjustment of Article 27 of the EAC Treaty.

The Summit saw President Kenyatta hand over EAC's chairmanship to his Tanzanian counterpart Kikwete, who will serve for one year.

SWORN IN OFFICIALS 

At the Summit, the new Deputy Secretary-General, Leberat Mpfumukekeo, was sworn in, replacing his Burundian counterpart Jean Claude Nsengiyumva whose term expires in April.

Other officials sworn in were judges to the EACJ in various positions, including Aidace Ngiye, as judge of the EACJ First Instance Division, Monica Mugenyi as Principal Judge, and Geoffrey Kiryabwire as judge of the EAC Appellate Division.

PROGRESS MADE AND THE WAY FORWARD:

Kenyatta said the region had achieved milestones in the integration process with some benefits being experienced, citing increased intra-regional business opportunities, elimination of trade barriers and reduced cost of doing business.

Intra-EAC trade grew from $3.5 billion in 2009 to about $5.8 billion in 2013.

"This points strongly to the possibility and opportunity for higher trade volumes of trade across our borders. I commend our region's business community for embracing the vast opportunities which come with integration and encourage them to make great use of them. This will create wealth and deliver more jobs for our young population," Kenyatta said.

He admitted that even with the progress achieved, there still exists trade barriers -about 24 in number- that deny the region the opportunity to fully integrate.

On his part, President Kikwete committed to addressing the trade barrier challenges and other hindrances to integration process.

A highlight of the Summit was the launch of an EAC Tele-presence Video Conferencing System, which is expected to save the region about $3.6 million annually that would have otherwise been incurred in logistics expenses by officials.

EAC hosts about 800 meetings every year at on average a cost of $12 million.

EAC Secretary-General Richard Sezibera said the development would facilitate the ambition of changing ways of doing business and decision-making processes for the economic prosperity of the region.

DIRECTIVES:

A statement, released yesterday, said the Summit had decided that the appointment of eminent persons and special envoys for the region will be on a need basis.

"The Summit directed the Council to expedite implementation of the framework for harmonised EAC roaming charges, including the removal of surcharges for international telecommunications traffic originating and terminating within the East African Community by July 15," the statement reads in part.

The Summit also directed the Council of Ministers to study the modalities for promotion of motor vehicle assembly in the region and to reduce the importation of used vehicles from outside EAC.

WHY DEMOCRACY MAY HAVE TO WAIT IN CENTRAL AFRICA REPUBLIC

Legal Link International,Bangui — Insecurity and a lack resources could derail elections in the Central African Republic, crucial for the return to normality after almost two years of intense conflict.

Already delayed once, the parliamentary and presidential polls - now scheduled for July and August - are provoking a debate over what should come first: national security or democratic process.

"The whole UN system and its partners are engaged in supporting this process," UN Development Programme's Africa Programme Director Abdoulaye Mar Dieye said last week at the end of a five-day visit to the country.

He added that holding elections were an "indispensable condition" for the success of detailed plans drawn up in 2013 by regional leaders to restore democracy to CAR. This roadmap was drafted after a coalition of rebel groups known as Séléka ousted then president Francois Bozizé.

Although this coalition has been out of power for a year (and is now known as "ex-Séléka") thousands of its fighters are still armed and hold sway in six of the country's prefectures. They have prevented the National Election Authority (ANE) from setting up offices in those areas and in one case even briefly abducted officials who were trying to raise public awareness of the election process. In all, the ANE has opened 83 of a planned 141 offices across the country.

In a 5 February letter to the Security Council requesting authorisation for the UN mission in CAR to be boosted by 1,030 soldiers and police, UN Secretary-General Ban Ki-moon noted that "the security situation [in CAR] remains volatile and clashes between anti-Balaka [militias] and ex-Séléka elements continue, while criminal activities aimed at, among other things, controlling the country's natural resources are increasing."

Ban said the reinforcements would "be especially important for the additional capability to be made available in time to enhance security before, during and after the electoral period... "

Within CAR, opinion is divided over whether elections should held soon or be delayed until security improves.

Presidential candidate Charles Armel Doubane, also a former minister and one-time ambassador to the UN told IRIN it was important voting took place soon.

"I am among those who think that, whatever the will of the people of Central Africa, we cannot hold elections in three or five years, that is to say [only] when we have 100 percent peace," he said.

"The conditions CAR functions under now do not permit it to have full sovereignty over its decisions," he added, explaining this was because foreign donors were funding the elections. "Whatever happens, we must have elections to put an end to this transition [period]."

But for Christophe Gaza-Mbeti, former Séléka spokesperson and government minister, there are more pressing priorities. "Disarmament must take place. Just as an election date is imposed on us, we must also impose on those who impose election dates a date for disarmament. The people of Central Africa demand disarmament," he told the Diaspora Magazine website.

Presidential candidate Jospeh Bendouga asked: "How are we going be able to campaign if people still have guns?"

Others also wondered about the urgency of holding elections. A retired civil servant in the capital, Bangui insisted, "What's important for us is that first there is peace and security so that people can vote calmly."

On a similar note, a farmer in the western town of Bossangoa told IRIN, "We will vote when the time comes, but what about the people still living under the control of armed groups."

Finance gap

Money is one of the biggest problems facing the ANE, and as things stand now the authority is not able to guarantee the election timetable will be respected.

"Unless the required technical and financial means are made available very soon, we run the risk of delaying these elections," ANE Chairman Dieudonné Kombo Yaya told a recent press conference in the capital.

Voter registration is already behind schedule. It failed to get off the ground as planned in January and it is not clear when it will start. Kombo Yaya attributed this delay to inadequate security and to the absence of government officials and of necessary administrative documents in much of the country.
 ANE is a long way from having the 22 billion CFA francs (US$38 million) it needs to run the elections.

According to documents obtained from the authority, the European Union pledged 20 million euros ($22.6 million) in January but this has not yet materialized. The African Development Bank has chipped in one billion CFA francs ($1.7 million) and the UN Development Programme has given ANE 100 million CFA francs and a $2 million line of credit. France gave 100,000 euros ($113,000) for the elections in November. This leave the authority with a deficit of around 20 billion CFA francs.

After his trip, UNDP's Mar Dieye said he had "no doubt the elections would be financed."
He added, "Of course, we have to move quickly. A minimum of resources need to be secured to allow enrolment to start. By starting the electoral process, you give people faith that we will succeed."
Sixteen politicians have put themselves forward as candidates for the presidential election, and more are expected to do so in the coming months.

[ This report does not necessarily reflect the views of the Legal Link International. ]

Women Unequal Under Lebanon’s Law

  

When Lebanon was part of the Ottoman Empire – before it was even a country – its religious groups were allowed to oversee the equivalent of family law. French colonizers upheld this system, and today Lebanon has 15 different codes – for Sunni, Shia, Druze, Catholic, Orthodox, Evangelical groups and others – governing divorce, child custody, and the financial rights of spouses during and after marriage. Each group is treated differently, but members of one group in particular – women – suffer discrimination across all religious groups. A team of researchers including the Human Rights Watch Lebanon, Legal LINK INTERNATIONAL Lebanon and Syria researcher Lama Fakih spent three years poring over 450 legal cases and interviewing 70 people to examine the discriminatory nature of these personal status laws, and the courts that implement them, for a new report,Unequal and Unprotected. Fakih speaks to Legal Link International about what, in practice, this system means for Lebanon’s women.

Lebanese women seem to enjoy a certain degree of freedom, but this report shows that when it comes to personal status laws, that’s not the case. Do you think the information you’ve gathered will surprise people in Lebanon?

Many of the women we interviewed hadn’t realized the system was stacked against them until they sought a divorce.

In Lebanon, there are many ways for men to get a divorce, but few ways for women.  Children can be removed from their mothers, even if the change isn’t in the children’s best interest. And when it comes to finances, there is no such thing as “marital property.” If a house is in a husband’s name – which is typical – it belongs to the man, even if a woman contributes financially or supports her husband at home and raises their kids while he works. These laws often force women into unfair compromises. Women often have to give up custody of their children and any financial rights to obtain a divorce.

Researching this report was a challenge, as religious personal status court documents aren’t part of the public record. For the Sunni and Shia courts, judges agreed to give us documents. However, the Christian court judges wouldn’t help us, so we relied on lawyers practicing before Christian courts for their case files. Sifting through this mound of information was time intensive, but it’s important. This pressing issue affects everyone in Lebanon and hurts women who are rich, poor, Muslim, Druze, or Christian.

What religious groups are covered under the personal status laws?

There are laws for Muslim rites including Sunni and Shia Islam – the two largest groups – one for Druze, another for Jewish people, and the rest apply to various Christian confessions. There is no domestic code for people who want a marriage not governed by religious law – Lebanon has no civil personal status law under which men and women are treated equally.

I’m Lebanese and my civil registry identifies me as Shia. If I wanted to get married, there is no Lebanese law that would allow me to do so and protect my basic rights.

How hard is it to get a divorce in Lebanon?

That depends. Sunni, Shia, and Druze men can divorce their wives at will. Sunni and Shia men can even do this outside of a courtroom, sometimes in the absence and without the knowledge of their wife. They only need to pronounce the divorce – so literally just say “I divorce you” out loud – and it’s done, as far as the religious laws are concerned. It doesn’t need to be in front of an official. In one case we reviewed, a woman went to court to divorce her husband only to discover that he had already divorced her!

But if Muslim or Druze women want to divorce, that’s another story. There are limited ways they can go about it. Sunni and Druze women can petition a court for a severance, which will terminate the marriage, but the grounds are limited --  a prolonged absence – say he’s in prison or traveling for years, sexual impotence, or if the husband isn’t financially supporting his family. Women can also obtain a severance if they prove “hardship and discord,” but this can take a great deal of time. For Shia women, it’s even more difficult to divorce because they have to rely on a process called sovereign divorce, which can take years.
Sunni, Shia, and Druze women can also get divorced if they agree to give up all rights to any finances and if their husbands agree to a divorce, a process called khul'. Also, the right to divorce can be written into a marriage contact, called the Isma, but few women do this.

One lawyer described a case in which a woman was trying to divorce her husband through a severance petition because he was sexually abusing their child. It was a problem for the judge, as sexual abuse of a child wasn’t considered grounds for severance. In the end, the woman had to establish marital hardship and discord for a specific period. It was more than a year before she could obtain the severance and protect herself and her child.

Roughly 40 percent of Lebanon’s citizens are Christian. Is it easier for them to divorce than Muslims?

No, it’s harder, for both men and women, although women are still particularly disadvantaged. In Lebanon, polygamy is legal for Muslim men. Christian men who can’t divorce will sometimes convert to Islam and then remarry and have two wives. But the first wife can’t remarry. Additionally, her rights and the rights of their children, such as to inheritance, are diminished by the rights of the second wife.

Also for Christian confessions, domestic violence is not sufficient grounds for a speedy divorce, unless it’s life-threatening.

In April, Lebanon passed a domestic violence law, a key advancement. But the new law states that religious law trumps it when the two conflict. So it’s not clear if the inherent issues have changed.

How do these divorce laws affect women’s lives?

Mireille is a Maronite Catholic. She worked throughout her marriage. Her husband was abusive, but when she sought the advice of her religious adviser, a local bishop, he told her to stay in the marital home, as otherwise she would risk being found recalcitrant —a concept that religious courts apply to women who refuse to live with their husbands—and could lose custody of her two girls. It wasn’t until her daughters were older – both are now professionals – that she left her husband. But even then, she had to give up everything.

After 25 years of marriage and work, she told us, she and her daughters left with the clothes on their backs. She “sold her life,” she told us.

Her story isn’t unique.

What do the laws concerning children after divorce look like?

In Lebanon’s system, the best interest of the child is not the primary consideration in identifying who a child should live with after a marriage ends. The laws distinguish between “guardianship” and “custody.” Custody is usually based on children’s age, with a preference across all religions for keeping young children with their mother. Custody then reverts to their father once children reach a certain age.

If you’re Shia, custody reverts to the father at age 2 for boys and 7 for girls. Sunnis just raised the age to 12 for both. For Druze, Syriac, and Armenian Orthodox it is 7 for boys and 9 for girls. For Coptic Orthodox it’s 11 and 13, and for Greek Orthodox, it’s 14 and 15. For Catholics, it’s age 2 for both, and for Evangelicals its 12 for both.

Women can easily have custody of their children removed if they remarry. Also, mothers can be deemed “unfit,” which really means they’re not acting “appropriately” for women. These actions can include having a tattoo, posting pictures of herself with friends on Facebook, or working outside the home.

In one case we reviewed, a divorced woman who had custody remarried, only to learn that her new marriage was grounds for her first husband to take their children. So she divorced her second husband to keep her children, but the judge still took her kids away.

But in all groups except the Armenian-Orthodox, the right of guardianship remains with the father – even when children are in the custody of their mother. If the father dies, guardianship may revert to his male relatives, and not the mother.

How do judges allot finances to women?

When it comes to financial rights, women often lose everything in a divorce. Lebanon does not recognize marital property.  Even if a woman worked and contributed money to her family, she has no right to that money if it went into property registered in her husband’s name. If a woman stays home and cares for children and supports her husband while he works, the law doesn’t compensate her for her contributions.

For Christians and Druze, the party at fault in the marriage is supposed to compensate the other spouse. But this rarely plays out cleanly. We saw a case in which, after a wife and her very wealthy husband divorced, she was so poor she had to live in a convent.

When considering financial settlements, religious judges don’t use clear standards in assessing adequate levels for support. They don’t regularly rely on factors like the cost of living, minimum wage, the ability of a woman to support herself. They also don’t consider the value of the husband’s assets or his annual salary.

Men are often the primary breadwinners, and the high costs of going to court keeps women from divorcing. Many, without an official employment record, would have difficulty supporting themselves without alimony.

Amina, who was married before the Sunni courts, had a physically abusive husband and worked two jobs to help support her four children. When she went to court, her husband agreed to grant her a divorce only if she gave up all her financial rights. This included the car she bought, her home, and her jewelry. Also, he did not want responsibility for financing the children’s education. The judge recommended that she take his offer, as the alternative was a lengthy, costly court proceeding. She said she felt she had no other choice.

You live in Lebanon and are clearly are very aware of the reality of women’s rights there. Still, did anything you uncovered during your research surprise you?

Yes, the lengths people go through to get around the personal status laws. Some couples are flying to neighboring Cyprus for a day to marry under their civil law.

Also, in Lebanon, at birth your father’s religious affiliation is added to your civil record. But recently, some people have been removing their religious affiliations before they marry, and then marrying in Lebanon under another country’s civil law. There are some cases like this coming to courts now, but we don’t know how

Lebanon’s judges will treat them. Also, it’s not clear how removing your religious affiliation will affect other rights. Will it affect your right to vote? If children are born without a religious designation, will they be able to inherit? Also, how will courts cope? It’s a lot to ask Lebanese judges to rule in terms of French, Turkish, or Cypriot law.

What do you want to see happen?

A draft civil marriage law has been sitting in Lebanon’s parliament for years. We want the relevant subcommittee to consider it, debate it, and put it forward for a vote. The law should ensure that women and men are treated equally, and that decisions are made in the best interest of their children. People should be able to have a religious marriage if they want, but we want the state authorities to oversee them and to ensure that men and women are treated equally and that basic rights are protected.

With the war in Syria and so much conflict in the region, let alone Lebanon’s own governmental instability, will this issue be a priority?

There’s growing insecurity in Lebanon, and a lack of leadership as presidential and parliamentary elections have been postponed yet again. Over a million Syrian refugees have sought shelter in the country. But we also have these perennial human rights problem. If we don’t push for progress on these issues, they’re never going to get on the agenda. And let’s not forget, this is not a fringe issue. It quite literally affects everyone in the country.