Wednesday, 7 August 2013

Somalia: Naming and Shaming - Latest UN Report On Somalia Singles Out Central Bank Governor As Corruption Kingpin - By KIGGUNDU HENRY

analysis

The French were right. As their adage goes, "Plus ca change, plus c'est la meme change," (The more things change, the more they stay the same).

Three weeks ago, the United Nations Monitoring Group on Somalia and Eritrea released an exhaustive report that was reviled by some and lionized by others. The main theme of the report is simple: Not much has changed in the way Somalia is governed.

The arms flow to Somalia continues as usual and is facilitated by almost everybody, from rogue states to countries in good standing with the UN. Corruption is rampant, piracy is a lesser threat but former pirates have made a career change, radicalism is still a threat to the country but the menace is not exclusively from ideology, charcoal is black gold and illegally exported despite an international ban, and, of course, "spoilers" always erect obstacles to the pursuit of peace and stability.

President Hassan S. Mohamoud came to power last autumn promising change, stability, and accountability. Many Somalis and the international community were relieved that finally the country had a new leadership that would, skillfully and honestly, tackle the plethora of the problems they faced. President Mohamoud's government gained international recognition and many countries promised to help in his efforts. The president persistently talked about the need for foreign donors to fund his government directly instead of having the United Nations administer aid.

Corruption

The UN Monitoring Group report begins with a stark indictment of the new Somali government. "Despite the change in leadership in Mogadishu," it says, "the misappropriation of public resources continues in line with past practices." Some of the manifestations of this corruption are the following:

a) On average, about 80 percent of the withdrawals from the country's Central Bank (CB) are made--not to run the government--but for private purposes. The CB has become, in a way, an ATM for certain public officials, or as the report calls it a "slush fund." A case in point, of $16.9 million transferred to the CB for government use, $12 million cannot be accounted for.

b) The monthly revenue from the port of Mogadishu is about $3.8 million; however, from August 2012 to March 2013, only $2.7 million was deposited in the bank. The report further explains that "at present, at least 33 percent of the monthly port revenues cannot be accounted for."

c) The immigration services charge a lot of money to issue passports and visas, but rarely are all the proceeds deposited in the bank. There is a great deal of fraud and embezzlement. Needless to say, an individual may never know if his traveling documents are authentic or fraudulent.

The UN report blames the country's leaders for the widespread corruption, but it singles out Abdusalam Omer, the Somali-American governor of the Central Bank, for being "the key" to the bank's irregularities. Omer, oddly, runs the bank without the benefit of a board.

 The report even adds a zinger when it brings up Omer's checkered past. Once upon a time, Omer was the chief of staff of the mayor's office in Washington, D.C.

The report claims that Omer was forced out from this high profile position. The Central Bank has issued a preliminary response to these allegations.

Piracy

Somalia, once a bastion for piracy, has experienced a decline in ship hijackings. You might wonder what happened to most of the pirate leaders. The UN report has the answer: "To date, neither Mogadishu nor Puntland has seriously prosecuted and jailed any senior pirate leaders, financiers, negotiators, or facilitators."

Some former pirates have become security guards for the unlicensed foreign ships illegally fishing on Somali waters. Pirates have always blamed these foreign ships for their own criminal acts of piracy. Now, the pirates have undergone a career change and are joining their arch enemies. Security protection in the high seas has become a booming business in Puntland validating the notion, "if you can't beat them, join them."

Al-Shabaab

"At present," the report states, "Al-Shabaab remains the principal threat to peace and security in Somalia."

The group has been weakened by internal discord among its leaders, but is still a force to be reckoned with.

The terror group has not engaged in a direct battle with the forces of the African Mission in Somalia (AMISOM) and, hence, has retained its core fighters. This enables the group to easily recapture the towns that Ethiopian forces had withdrawn from or abandoned. "These takeovers," the report argues, "illustrates not only the inability of the Federal Government of Somalia and its associated militias to control any ground without international support, but also the capacity of Al-Shabaab to readily recover lost territory."

Moreover, the terror group has infiltrated the government and especially the intelligence services. Warlords and politicians enable the militant group to wreak havoc in Mogadishu. These enablers are not necessarily religious figures but instead are either persons tribally tied to Al-Shabaab leaders or pure mercenaries.
A good example is what happened in Mogadishu last week when Al-Shabaab suicide bombers attacked the Turkish embassy annex. The Turkish ambassador to Somalia said that the attack was "outsourced" to Al-Shabaab. "The Al-Shabaab organization may have been used as 'subcontractor' in this attack," he told the Turkish news agency Anadolu.

Mogadishu Mayor, Mohamed Ahmed Nur "Tarzan" also railed about "some politicians" for aiding and abetting the radical group in the commission of its heinous crimes. At times, in Somalia, it is difficult to tell where religious radicalism begins and clan loyalty ends.

Al-Shabaab is not, however, the only entity responsible for political assassinations in Mogadishu. The UN report said that some warlords and even senior government officials like General Gaafow--head of the immigration services--run hit squads. The going rate is $200 per head and $25 for conducting surveillance.

This explains why these crimes are never prosecuted. At least Al-Shabaab takes full responsibility for its killings. But then, how does one know if the job was "outsourced" to the terror group or not?

Charcoal

The UN Security Council had banned the export of charcoal from Somalia primarily because Al-Shabaab was then in control of Kismayo, Somalia's third largest port city, and was profiting from its sale. No one cared about the devastating impact the related deforestation was having on the country. In 2012, Kenyan forces captured Kismayo with the assistance of a Somali militia group.

However, the transport of charcoal not only continued but increased 147 percent. Al-Shabaab, which controls the port city of Barawe, is also exporting the black gold. "About 1 million sacks of charcoal are exported from Kismayo each month," the report says.

If the current rate continues, warns the report, "charcoal exports in 2012-2013 will consume some 10.5 million trees and the area of deforestation will cover 1,750 square kilometers, which is larger than the city of Houston, Texas, in the United States."

Criticism of the report

For the record, the Somali government has denounced the UN Monitoring Group report as being based on rumors and innuendos. "It is clear that the report is increasingly dependent upon gossip, guilty-by-association, and hearsay," declared the government spokesman.

The most biting critique of the report, so far, has come from the maligned Governor of the Central Bank, Abdusalam Omer, who called the allegations, "completely unfounded, unsubstantiated, defamatory, and reckless." Omer questioned the methodology on which the report was based and the expertise of some members of its panel. Despite the fact that Omer's name was mentioned 27 times in the report, no one, he claimed, interviewed him or asked him to see the books. In addition, Omer argued that the two designated as "financial experts" on the panel held degrees in anything but finance or economics. One was a police officer in Minneapolis and the other a foreign affairs journalist with Reuters. In essence, none of them has "any relevant training or experience in forensic accounting."

In a nutshell, the UN Monitoring group makes numerous allegations. It might be a gargantuan task to collect reliable data from Somalia and especially Mogadishu because the city has its share of double-dealing and back-stabbing, not to mention, a vortex of gossip. For instance, several years ago, the UN Monitoring Group made a harebrained allegation that Al-Shabaab, a Sunni jihadist group, had sent 720 fighters to Hezbollah, a Shiite jihadi group in Lebanon, to fight Israel.

The current report does have some merit, rampant corruption in the country has been well-documented previously. For instance, a World Bank report in May 2012 found $131 million unaccounted for in then the
 Transitional Federal Government (TFG) revenues in 2009-2010.

 If history is a reliable guide, this is a case of attitudinal and cultural perversions. "Somalis did not consider looting national assets in customary law terms as stealing," the report says and, hence, among many officials, the "pursuit of power and profit became indistinguishable."

Mogadishu is unique because power interfaces with corruption, religion with clan, jihadism with opportunism, warlordism with legitimacy, and public service with personal enrichment. It is, indeed, a wild and dizzying world.

Kiggundu HENRY, Lgal Link International. FORUMS AND RESEARCH DESK.

Thursday, 20 June 2013

Nigerians in FULL Support Anti Same-Sex Bill - Poll

A new weekly poll has revealed that 92 per cent of Nigerians are in support of the proposed Anti Same-Sex Bill. The weekly poll conducted by NOI Polls Limited from June 4 - 6 in Nigeria also revealed that the reason behind their support revolve around morality and religion.

According to results of the poll, most Nigerians are of the opinion that the proposed bill is not an infringement on the human rights of the Lesbian, Gay, Bisexual & Transgender (LGBT) community because homosexuality is not in their culture as Nigerians. These are two of the key findings from the recent Fundamental Human Rights Poll.

The House of Representatives had on May 30th 2013, passed the Anti Same Sex Marriage Bill that makes same-sex unions in Nigeria a criminal offence punishable by a maximum sentence of 14 years in prison. The bill also criminalises public displays of affection by same-gender partners.

The bill also states that "any person who registers, operates or participates in gay clubs, societies and organisations directly or indirectly, makes a public show of a same-sex amorous relationship commits an offence and shall be liable to a term of 10 years imprisonment."

Under the existing Nigerian Federal Law, sodomy is punishable by jail, but this bill legislates for a much broader crackdown on homosexuals and lesbians, who already live largely in an underground existence.

But according to Rashidi Williams, the Director of Nigeria's Queer Alliance Rights Group, "The Bill takes away the fundamental rights accorded Nigerians under the constitution. This is really, not a pressing national issue."

However, to explore the views of Nigerians regarding homosexuality and level of ratification, NOI Polls conducted its latest poll on Fundamental Human Rights with the expectation that the results from the poll will contribute to the on-going discussion, and particularly highlight the perceptions of Nigerians regarding rights of the LGBT community in Nigeria.

Respondents to the poll were asked five specific questions. First, in order to ascertain the level of awareness of the new proposed law to make same-sex marriage punishable by imprisonment, respondents were asked: "Are you aware of the recent legislative vote by the House of Representative banning same sex marriages in Nigeria? Why do you think it is an infringement/not an infringement on the human rights of LGBT community?

To what extent do you support or oppose the bill recently passed by the House of Representatives? To what extent do you support or oppose the bill recently passed by the House of Representatives?" To what extent do you agree or disagree with the claim that homosexuality is not part of the culture of Nigerians? Overall, 69 percent of the respondents were aware of the legislative vote banning same sex marriage.

The results showed that the North-central, North East and South-South have the highest level of awareness with 75 percent. Ninety- two percent (92%) of the respondents supported the Bill, 5 percent oppose the bill and 3 percent were neutral. Also, 85 percent of the respondents strongly agree that homosexuality was not part of the Nigerian culture.

On if the proposed law was an infringement on the human rights of LGBT community, majority of respondents were of the opinion that the proposed law is not an infringement on their rights. The poll in conclusion, revealed that Nigerians generally support the proposed bill and mostly agree that homosexuality is not a part of the Nigerian culture and majority do not think that the proposed bill is an infringement on the human rights of the people in the LGBT community

Law,Lukwago and KCCA


Justice Vincent Zehurikize of the High Court in Kampala is today expected to hear a petition filed by Kampala Lord Mayor Erias Lukwago seeking to block the tribunal instituted to review a petition by city councillors calling for his sacking.

Lukwago filed the petition on Monday through his law firm.

The tribunal is scheduled to start seating tomorrow at Metropole Hotel in the upscale city suburb of Kololo.
 Government chief legal adviser, the Attorney General (AG) and the Tribunal are listed as respondents.

The tribunal chairperson is Anti-Corruption Court judge Catherine Bamugemereire. It includes Alfred Okello-Oryem, an expert in public service and civil litigation, and Ocaya Lakidi, a former secretary to the Judiciary.

On May 17, a group of 17 KCCA councillors petitioned Tumwebaze demanding the removal of Lukwago from office. They accuse him of misconduct, abuse of office and incompetence. Lukwago is also faulted for intentionally and willfully engaging in acts of public incitement against payment of city dues, and impeding KCCA revenue collection efforts.

The tribunal was instituted by Kampala Capital City Authority affairs minister Frank Tumwebaze on June 5.
It is expected to determine whether the contents of the petition hold sufficient grounds for the removal of the Lord Mayor from office.

On June 14 during the pre-hearing meeting at Metropole, three more members Robert Kirunda (legal secretary), Daniel Rutiba (lead counsel), and Titus Kamya (deputy lead counsel), were added to the tribunal.
But Lukwago is questioning the tribunal's guidelines and composition, saying the additional members were irregularly put on board, and that it acted in excess of its powers to appoint the trio.

"The tribunal went ahead to make and issue rules without mandate to do so, yet the said rules deny the applicant (Lukwago) the right to effective legal representation. The rules issued by the tribunal are not only unfair, unreasonable, and illegal but were neither signed, dated nor gazetted," Lukwago contends.

Lukwago laments that if the tribunal is not restrained, he is likely to suffer irreparable damage.
There is also a similar pending Constitutional petition at the Constitutional Court filed recently by Lukwago, challenging Tumwebaze's move to institute the tribunal. Hearing is fixed for June 25.