The Somaliland Civil Society/ NSA endorsed the agreements reached by the Somaliland election stakeholders on the expected voter registration (2013). As a key stakeholder in the Somaliland Democratization process, the Civil Society urges the Government, the Political Parties, NEC, the International Community to cooperate for the common good of the people of Somaliland and the Somaliland Civil Society appreciates the continues generous support of the International Community on Somaliland elections and democratization process in general.
Hargeisa- On February 27, 28- 2014 the SONSAF Democratization Thematic Working Group has facilitated two days Round-table discussions with key stakeholders of the Somaliland Non State Actors to analyze and discuss the issue of voter registration in support of the unwavering consensus of the Somaliland election stakeholders to establish a work-plan for the process of holding a voter registration on time for the 2014 election.
The discussions focused on participants’ experience on 2008 voter registration, assessed the misconducts and the lessons that can be drawn from the experience of how Somaliland has managed its first ever voter registration endorsed the agreements reached by the Somaliland election stakeholders on voter registration issues and inform them of the importance of civil society role in the voter registration process.
The participants took stock of the importance of a credible voter registration for Somaliland’s budding democracy and the quest for free and fair elections on 2015 and beyond and largely agreed that though some progress have been made towards timely, free and fair elections, there are still outstanding issues mainly, gaps in necessary legal reform provisions, all of which can potentially hamper the prospect of timely, free and fair elections in Somaliland in 2015.
All the participants shared a passion for finding the right framework and level playing field for all political actors for free and fair elections in order to sustain Somaliland’s vision for a peaceful, justice and democratic society.
The participants identified litany of problems which marred the results of 2008 voter registrations as mentioned in subsequent reports by Creative Associates, by Electoral Reform International Services and others, which included:
• Technical issues including administrative and system errors
• The direct fraud acts such as the registration of minors too young to be eligible to vote, deliberate multiple registrations with false names and other details, mobilization of communities by the politicians, under age voting and double voting have come persist ingredient in this cycle.
• Logistics and preparation including inadequate staff training on technology use as well as other operating skills, distribution of registration units and dispatch of registration kits.
• Very inadequate voter education awareness across the country
• Gaps in Legal provisions as well as Lack of Enforcement of laws
• Generally the time allocated for the whole exercise was very limited.
As such the participants proposed the following advice for the Government, Political parties, National Election Commission, Ministry of Interior, Intentional Community and Non state Actors of Somaliland:
Stakeholders need to understand the Importance of Voter Registration as a pillar for Somaliland’s young democracy, as a way to discourage multiple voting, a means to increase our elections turnout as well as a tool for election preparation.
Strong civil society/NSA monitoring and observation on voter registration process is extremely inevitable at levels of planning, implementation and validating the final lists of the voters.
For a successful and credible voter registration to take place, the process of conduct voter registration needs to be transparent, open and should allow the public and the civil society to play a role.
Misconducts of the 2008/2009 should not be repeated and the decision makers need to immediately address those misconducts and inform the wider public of the consequences of repeating them again.
The participants urge the Somaliland government to share information on the progress of the Voter registration process and overall its commitment to holding the elections on time with the public in order to reduce speculations, misinformation and improve transparency.
The Somaliland opposition parties should also refrain from anything that can create tensions and disturb the smooth transition towards a credible voter registration and free and fair elections in 2015.
The members of the civil society also spoke about the importance of awarding the tender and the bidding process, which is deemed not effective and well-though out in
the previous exercise. Therefore, there is need to draw lessons from the problems we faced during the previous voter registration, hence a competitive and transparent bid process can play a huge role in ensuring a credible voter registration.
NEC shouldn’t take the existing polling stations for granted as happened in the last election, and needs to conduct a proper remapping on the available polling centers in order to avoid any delays and inconsistent.
The Somaliland civil society is recommending the election stakeholders to support harmonizing the electoral laws in order to prevent any confusion and shortcomings
Somaliland civil society/ NSA is highly recommending to the parliament of Somaliland adopting a comprehensive legal system that is allowing women and minority quota.
Amble time needs to be given to the voter registration preparation, especially the personnel selection procedures and the training of operation team as well as a proper planning for the voting/polling centers.
For a successful voter registration, the civil society urges NEC, the government and the International community to support conducting a comprehensive awareness and civic education programs in order to the wider population.
Furthermore, as a key election stakeholders, the Somaliland civil society played a prominent role in past elections and continues to liaise with all other stakeholders to play a meaningful role in the quest for free and fair elections and a level playing field for all actors.
The civil society fully supports the options selected by the stakeholders– parallel processes of registration each led by its mandated institution – Voter Registration for NEC and Civil Registration for MOI.
In the effort of supporting the process, the Somaliland civil society will continue to cooperate with all other stakeholders in order to safeguard the accountability and transparency of Voter registration process. It will participate in building public confidence for the voter registration and voter education exercises to ensure a credible voter registration. It will continue to creating an enabling environment for a credible voter registration through public dialogue, studies and researches.
Today, 7th April 2014 about 16:00 local time, Somaliland Police produced a court warrant ordering the immediate shut down of the headquarters of the independent Haatuf newspaper and sister English paper, Somaliland Times. Human Rights Center strongly condemns the closure which is in violation of the freedom of the press guaranteed by the constitution of Somaliland.
On 13th December 2013, in the same manner the Police closed Hubaal newspaper which is so far on suspension without any suit initiated against it.
The suspension of the papers critical to the government is serious human rights problem that concerns Human Rights Center. The independent press is the backbone of democracy.
As stated in article 32 of the constitution, all the acts that suppress the media are prohibited. Article 28 of the constitution obliges the parties to have equal opportunity before the judiciary.
The judiciary shall be independent from the executive branch. The Center is very concerned the judicial acts which seem to be aimed at silencing the press.
Haatuf has recently published stories related to oil explorations and how it is managed.
The acts against Haatuf and Hubaal are in violation of the freedom of the press and the rule of law.
Human Rights Center requests the government of Somaliland:
To immediately lift the suspension of Haatuf, Somaliland Times and Hubaal newspapers and to allow the papers to continue their publications,
To halt the acts that harm the independent press,
The judiciary to provide equal opportunities of hearing the parties before issuing decisions.
Mogadishu, 7 April 2014 – The Special Representative of the UN Secretary-General for Somalia, Nicholas Kay, condemned the murder today of two UN consultants working for the United Nations Office on Drugs and Crime (UNODC).
The two international consultants were in Galkayo to support UNODC efforts in the region when they were shot by unknown gunmen at Galkayo Airport, Puntland, Somalia.
“I condemn the brutal murders. Our UN colleagues were working in support of the Somali people’s aspiration for a peaceful and stable future. There can be no justification for such a callous attack. I call on the authorities to conduct a full investigation immediately and bring the perpetrators to justice without delay. I offer my sincere condolences to the families and friends of the victims. The United Nations in Somalia remains committed to continuing our vital support to the Somali people as they emerge from decades of conflict” said SRSG Kay.
There is a famous English saying which says “There is a bad nut in every home”, so it is the case with the journalism profession here in Somaliland ,home to some people who are in it not to because they want to widen the frontiers of the profession, but because they want to broaden the frontiers of their shameful cheap-money-making extortionist and blackmailing agenda.
Even though stories abound as regards the blackmailing and extortionist agenda of this journalist, oft times, there is zero evidence to support his fabricated fanciful evidence. If this gentleman has any proof why doesn’t he bring the evidence to the table and show it to the government, judiciary and the press in general.
Why he is the only guy who got the goods on the ministers because there are no respectable journalist who will stoop so low and bully government officials for their own gains. Why Somaliland Journalist association (SOLJA) kicked him out of their association? The reason is simple; he broke every journalist code that a decent journalist must abide by. You can fool some people sometime, but you can’t fool people all the time.
The half giant man who is known as Mr. Yusuf Abdi Gaboobe , who is said to be the owner of Haatuf newspaper, over last week decided to run a series of fabricated stories meant to drag the good name of the country’s Energy and Mineral resources Minister Hon Hussein Abdi Dualeh in the mud ,but this scheme of his seems to have backfired and worse he has exposed himself as being one of the country’s foremost “Extortionist ” in the Somaliland journalism family.
This Gaboobe character, has in the past made it his modus operandi to fabricate stories and call his to-be victims and force them to give him money to kill such fabrications, hit a dead end when he attempted to practice his stinking extortionist act on the Energy and Minerals in which it’s said this carrier black mailer demanded the Energy Minister to assign him with the rights for his own oil block after presenting him with a bogus company which he co-owned with his shady brother in law.
But the honorable minister went to the great extent of advising this moron to come up with a genuine oil company since he seemed to go to any lengths to get the oil block. Mr. Yusuf came to the ministry asking for an oil exploration block, which he have no capacity or knowledge , but armed with insatiable greed and dishonesty. The minister informed him to bring a bonified company that has the capacity and the resource to do the job. I don’t want to bore with the details, but you can imagine what happened.
When most young journalists seem to be prepared to risk their lives to investigate serious matters concerning our society, the likes of Yusuf Abdi Gaboobe want to make money the easy way by fabricating stories about politicians and blackmailing them to part with huge sums of money.
Mr. Yusuf Abdi Gaboobe well known for very often coming out with extremely illogical arguments to make himself relevant in the political and journalistic equation, his Haatuf’s office is a major hub for training journalists in the despicable art of blackmail and extortion.
It is a facto that assigns of the Haatuf’ are in the business of blackmailing and extorting monies from government officials and no amount of white paint can remove the black spot stain on Mr. Yusuf Abdi Gaboobe and his Somali language paper.Yusuf Abdi Gaboobe should know by now “You can’t put a good Man down”
There are four fabrications that Haatuf has been writing constantly about the Honorable minister, which I will refute all of them as baseless and fanciful lies on my next writing.
* Personal messages to detainees sent on social media
* Events in New York and London
To mark the 100th day of the detention of Al Jazeera English staff Peter Greste, Mohammed Fahmy and Baher Mohamed, Al Jazeera is urging people to join in by sending their own personal messages to the detainees on social media using the hashtag #FreeAJStaff on Twitter, Vine and Instagram.
Al Jazeera itself will be releasing an online video of support from the families, friends and colleagues of the Al Jazeera staff who have been detained. The video, alongside public support on social media, will attempt to build on the online #FreeAJstaff campaign, which has already had 800 million impressions on Twitter alone since 1 February 2014.
Al Jazeera hopes the attention of the world’s media will put pressure on the Egyptian authorities to hasten the release of Greste, Fahmy, Mohamed and Al Jazeera Arabic correspondent Abdullah Al Shamy – who has been detained since August 2013 – by reminding them, in a united voice, that journalism is not a crime.
In New York, a press conference will call on the Egyptian authorities to immediately release its journalists.
Owen Watson, executive producer of Al Jazeera English, will be joined by Gary Pruitt, president of the Associated Press; Susan Chira, assistant managing editor of The New York Times; Jon Williams, managing editor: international, ABC News; Abderrahim Foukara, bureau chief, Al Jazeera Arabic; and Sherif Mansour, Middle East and North Africa programme coordinator, CPJ.
An event will also by held by the Columbia Journalism School, showing support for solidarity with Al Jazeera.
In London, at the Journalist Safety Symposium taking place at the BBC, Heather Allan, head of newsgathering at Al Jazeera English, will deliver a speech outlining the current situation in Egypt. After the Symposium, delegates, journalists and media freedom organisations will be hosting a protest and photocall at the Piazza at New Broadcasting House.
The Foreign Correspondents’ Association of Southern Africa will also be holding a protest outside the Pretoria High Court with attendees taping their mouths standing in solidarity with Al Jazeera.
Al Anstey, managing director of Al Jazeera English said, “Mohamed, Baher, and Peter have now been behind bars in Egypt for 100 days for simply doing their job, and for carrying out the highest quality journalism. The charges against them are false and baseless, so there is no justification whatsoever in the detention of innocent journalists for such an outrageous amount of time. We continue to call for their immediate release and for the release of our colleague from Al Jazeera Arabic. Abdullah Al Shamy, who has been behind bars for 236 days.
“We are very grateful for the immense support of our staff from right around the world. The response to their detention has been outstanding. Over 40,000 people have been actively involved in the campaign; events have been held in over 30 countries and in every continent; there have been over 800 million impressions of the FreeAJStaff hashtag; and there have been repeated calls for an end to the detention of our journalists from governments, as well as media organisations from all corners of the globe. The campaign is focussed on the release of our four staff, but is fundamentally a stand in the defence of journalism itself, and a call for people everywhere to have a right to be heard and the right to know what is really going on in their world,” said Anstey.
Since 29 December 2013, there have been calls for the release of all Al Jazeera staff detained in Egypt from the White House, the British Foreign and Commonwealth Office and the European Union. Similarly public calls of support for the #FreeAJStaff campaign have been made from prominent media personalities like Christiane Amanpour from CNN, ITN’s Mark Austin, Channel Seven Australia’s Mark Ferguson, SKY news correspondent Sam Kiley and the BBC’s Lyse Doucet. Various media freedom and human rights groups have issued statements, ranging from the Committee to Protect Journalists, the International Press Institute, Amnesty International and Foreign Correspondents’ Association of East Africa.
What is being a Somalilander is all about and what are the conditions, I will explain all this in my article.Somalilanders all over the world are pleased and happy that city of Sheifeld gave Somaliland recognition, and more cities and countries will follow suit.
Being a Somalilander is about arguing for the right of recognition of the land, is about arguing about the developments of the country, is about taking initiatives of Somaliland, not only celebrating may 18th to keep the sprite of Somaliland all year long.
Being a Somalilander is being very patriotic and taking initiatives for the cause of Somaliland getting recognition, developments of the country, investment opportunities in the country, job creation for the unemployed youths andnot risk their lives at sea.
Education development and to help to have libraries for our children in Somaliland, and to create hope for the youth that after University that can get a job or open their own business instead of spending thousands of dollars leaving the country to put their lives in jeopardy, and instead spending that much money they can open business with that money with the help of their families.
Open up more stadiums or arenas for the youth so that they won’t end up in gang activates. Health Care, and to value the religion of Islam.Keeping on eye on the country from the enemies of Somaliland and to vigilante if they see anything specious and that working with the police, army, government official is where Somaliland is today.
The message is forSomalilanders all over the world inside or outside Somaliland.
Somalilanders inside Somaliland are very active, patriotic, and that goes for the rest of the landers in Africa. The Somalilanders in the Middle East and Asia are patriotic and very active of Somaliland. The Somalilanders in Australia and New Zealand are patriotic and active of Somaliland.
Next to the Somalilanders inside Somaliland and the most patriotic and active people in the diaspora who always fights for Somaliland recognition and the development in Somaliland, are the Somalilanders in the UK and Europe. Not only they have outstanding may 18th parties, they also meet on occasions regarding Somaliland like recognition, development, and have dinner parties for Somaliland during the year outside of May 18th.
They are tight community in Europe and when they are inside Somaliland and they made their own neighborhood in Hargeisa and they organize events as well. The Somaliland Community in North America I am really disappointed in them and they are not patriots of Somaliland and they are not active as well and they only time they get together for an event for Somaliland is the May 18th parties singing, dancing and not thinking about the value of Somaliland, they are not active when they are in Somaliland both the Canadian and American Somalilanders they have some kind of hatred towards the country.
When it’s the case of recognition they are not do anything and also development in the country like education, health, Roads, and economy. Somalilander here in North America have to stop having their tribal meetings, and put their differences aside to help Somaliland get recognition and help the developments of our nations, and they are the only diaspora community who don’t help with road construction throughout the nation and especially the Erigavo Highway and which are they are against any developments of the country or the recognition of Somaliland.
Both Canada and the US are two friendly nations and a very diverse nations, and they are the most powerful countries in the world, and having the case of Somaliland recognition sent to them would be a good idea if we the landers in North America work together for Somaliland
In late January of this year, I wrote a commentary entitled, “Kenyatta at the ICC: Is Justice Deferred, Justice Denied?” In that commentary I openly expressed my angst over the endless delays, postponements and backpedalling talk about “false evidence” and “lying witnesses” surrounding the Uhuru Kenyatta trial at The Hague. I felt there was perhaps some monkey business going on. “I don’t want to say I smell a rat but I feel like I am getting a whiff. Is the stage being set to let Kenyatta off the ICC hook?”, I rhetorically asked. I am even more jittery now that Kenyatta’s trial is postponed once again.
Last week, the International Criminal Court (ICC) postponed the trial of Kenyan President Uhuru Kenyatta to October 7. According to a Statement of the ICC Trial Chamber,“The purpose of the adjournment is to provide the Government of Kenya with a further, time-limited opportunity to provide certain records, which the Prosecution had previously requested on the basis that the records are relevant to a central allegation to the case.” Kenyatta, along with other co-defendants including his deputy president William Ruto, faces multiple charges of crimes against humanity for his alleged role in masterminding the post-election violence in Kenya in late 2007 and early 2008. Over 1,100 people are believed to have died in that violence and 600 thousand displaced. In January, the ICC Prosecutor was given a three-month postponement to reassess evidence against Kenyatta after “a witness withdrew and another admitted giving false evidence.”
Is the case against Kenyatta going anywhere? I hate to be the bearer of bad news, folks. It is time for all of us justice junkies to face facts. It’s all over, baby! Uhuru Kenyatta will never see the inside of the ICC courtroom in The Hague. It’s a done deal. He’s gotten away with murder and a medley of other crimes against humanity. Forget about it! Let’s move on…
Deny, delay, defend and disappear the case
I am throwing in the towel in the fight to bring Uhuru Muigai Kenyatta to trial at The Hague. I sympathize with the ICC Prosecutor and the ICC itself. They have been feeling a lot of heat from the powers that be behind the scenes. After all, Kenyatta is a “sitting president” (which in Africa means “above the laws of man and God). He is untouchable. The ICC, the ICC Prosecutor, the U.N. Security Council and the West in general have received second degree burns from the backdraft of the bogus but inflammatory “race hunting” charges leveled against them by some African “leaders”. Since the middle of 2013, a number of African “leaders” have been beating the drums of racism to divert attention from Kenyatta’s crimes against humanity. Hailemariam Desalegn, the ceremonial prime minister of Ethiopia and rotational chairman of the African Union, went on the warpath scandalizing the ICC and the ICC Prosecutor for organizing an African safari to “race hunt” black African leaders. Hailemariam and his “foreign minister” even tried to orchestrate a mass walkout on the Rome Statute at a special summit of the African Union in October 2013 by sticking the race card in ICC’s face. It was an iconic moment of shame for Africa. The African Union “leaders” gathered in Addis Ababa in a pathetic spectacle like panicked prey fleeing a stalking predator (race hunter) seeking safety in numbers. They huffed and puffed, ranted and raved against the ICC’s racism, but the threatened “mass treaty-cide” brinksmanship flopped in the end. The Sturm und Drang of a mass walkout on the Rome Statute proved to be nothing more than a tempest in a teapot.
Kenyatta is a “playa” in the global anti-terrorism campaign in the Horn of Africa. Kenya has been victimized by cold-blooded and barbarous terrorists on numerous occasions. The law of unintended consequences has come to the aid of Kenyatta. The powers that be will not allow one of their “partners” in the “war on terrorism” (I did not say partner in crimes against humnaity) to be brought to justice for crimes against humanity while he is fighting terrorists who are committing crimes against humanity. To paraphrase President Franklin Roosevelt, there are all sorts of criminals against humanity who are S.O.B.s but Uhuru is our S.O.B. Kenyatta’s ICC trial begs unsettling questions: Who could be next? Omar al Bashir of Sudan? (Al-Bashir sneered at the ICC indictment in 2009: “Tell them all, the ICC prosecutor, the members of the court and everyone who supports this court that they are under my shoes.” He did not say that to mean, “put yourself in my shoes”.) Yoweri Museveni of Uganda? Paul Kagame of Rwanda? Robert Mugabe of Zimbabwe? Paul Biya of the Cameroons? Teodoro Obiang Nguema Mbasogo of Equatorial Guinea? How about THE SYNDICATE running Ethiopia (into the ground)?
Things would have been different if Kenyatta had been an ex-president like Charles Taylor of Liberia, Laurent Gbagbo of Cote d’Ivoire or Hissien Habre of Chad. These ex-presidents-cum-criminals against humanity are fair game. They are washed out. They serve no useful purpose like Kenyatta. They are cooling their heels in ICC jails now.
So the “Lady Justice of the ICC” with a scale in one hand and sword in the other blindly walks around Africa asking, “How does one prosecute ‘sitting African presidents and prime ministers’ suspected of crimes against humanity? (BTW: Is Lady Justice actually blind or just blindfolded?) My answer is simple. Prosecute sitting African presidents sitting in their palaces the same way you prosecute ex-African presidents sitting in ICC jail cells today. Take off your blindfold and behold, Lady Justice of the ICC. The office of president is being worn by African criminal thugs who come to power by stealing elections or shooting their way into office like ballistic armor of prosecutorial immunity. To be an African “president or prime minister” today is to be licensed to kill, torture, jail and commit crimes against humanity with impunity. If Kenyatta could be brought to trial at the ICC by some miraculous act (even if there is no conviction), that would set the greatest precedent for the principle of the rule of law in the modern history of Africa. Every African dictator alive today and dictator-to-be in the future would think twice, thrice before he sending out his goons to kill, torture and jail his opponents and innocent citizens.
In passing, let me note that the ongoing ICC trial of Kenyatta’s deputy, William Ruto, is becoming a judicial circus of sorts. Ruto is supposedly in trial, but he rarely attends or shows up in court. He must think it is a big joke. His absence makes a mockery of the ICC. As of last week, ICC Prosecutor Fatou Bensouda has not been able to compel his regular attendance. Ruto seems confident his case is not going anywhere because if he goes down, he is going to take a whole lot of people with him including Kenyatta. The trial is a waste of time for Ruto. For him the International Criminal Court is the International Criminal Circus.
I complement and congratulate Uhuru’s defense team out of professional courtesy. They have done a hell of a job stonewalling and sandbagging the ICC Prosecutor. In fact, they have updated the age-old proverbial “Handbook of Criminal Defense” which prescribes three rules for the criminal defense lawyer: 1) deny (the charges), 2) delay (the trial) and defend (by hiding the evidence and paying off witnesses). Kenyatta’s defense lawyers have added a fourth rule: Disappear the case into thin air by applying rules 1-3. They have played their discovery games (hiding the ball) well making it extraordinarily difficult for the ICC Prosecutor to obtain invaluable documentary evidence. Kenyatta’s lawyers and Kenya’s Attorney General, Githu Muigai, have successfully fought to prevent disclosure of Kenyatta’s financial transaction and bank records which are necessary for the ICC Prosecutor to prove whether Kenyata directly or through intermediaries paid or offered to pay hush money to potential witnesses in exchange for their recantation or “loss of memory”.
I want to be the first to “congratulate” Kenyatta and Ruto for walking over (I meant out of) the ICC scot-free and making a travesty of the Rome Statute. They managed to do what the lame leadership of the entire African Union was unable to do. They managed to slip away as the “ICC Lady Justice” stood blindfolded and handcuffed.
Cheating justice is by no means unique to Kenyatta and Ruto. It happens in the U.S. For instance, the famous American mobster John Gotti, in a little over a year, was prosecuted on multiple counts of racketeering, murder, obstruction of justice, hijacking, loan sharking, gambling, extortion, jury tampering and witness intimidation. He beat the rap three times. He once paid a juror $60,000 to produce a “hung jury” (deadlocked jury). Gotti’s defense attorneys consistently denied the existence of a Gambino Crime Family and caricatured the government’s case as a personal vendetta. Gotti was finally convicted with the testimony of the his underboss Salvatore “Sammy the Bull” Gravano, who broke the Omerta, or the gangsters’ code of silence, and testified resulting in Gotti’s conviction on multiple felony counts. That brings me to the crux of my commentary this week…
The need for an integrated ICC Witness Protection Program
In light of Kenyatta’s case, the need for an integrated ICC witness protection program is immediate and compelling. Kenyatta is alleged to have conspired with the Munguki (“Kenya’s mafia”), which like the infamous Mafia, is a racketeering organization with a record of extreme criminality. Kenyatta denied having any connection to the Munguki (if such an organization in fact existed). He and his African Union brethren claimed the whole ICC prosecution was a racial vendetta of sorts. According to the Los Angeles Times, the Munguki “may be the biggest and most dangerous gang in the world, a thuggish army terrorizing Kenya with extortion rackets and gruesome punishments.” The ICC Prosecutor alleged that “Kenyatta met Mungiki leaders multiple times, sometimes at State House, Kenya’s White House, to plan the attacks in the Rift Valley towns. At one meeting, Kenyatta distributed 3.3 million Kenyan shillings — about $36,000 — to people he charged with carrying out the attacks.”
There is substantial evidence to believe that there has been significant witness tampering and intimidation in the Kenyatta case. On December 19, 2013, ICC Chief Prosecutor Fatou Bensouda publicly stated, “On December 4, a key second witness in the case confessed to giving false evidence regarding a critical event in the Prosecution’s case. This witness has now been withdrawn from the Prosecution witness list… Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr Kenyatta does not satisfy the high evidentiary standards required at trial… I therefore need time to complete efforts to obtain additional evidence and to consider whether such evidence will enable my office to fully meet the evidentiary threshold required at trial.” It is not at all clear from Bensouda’s statement why the two witnesses gave false testimony in the first place and how the ICC Prosecutor’s office failed to vet them or further corroborate their testimony before filing charges.
It is, however, an undeniable fact that witnesses against Kenyatta have been threatened and bribed. In February 2013, Prosecutor Bensouda asserted that persons associated with Kenyatta had bribed and/or attempted to pay off a witness to withdraw his testimony and not to testify in the case. Bensouda stated, “Witness 4 revealed in May 2012 interview that he had been offered, and accepted, money from individuals holding themselves out as representatives of the accused to withdraw his testimony against Uhuru… The witness provided emails and bank records that confirmed the bribery scheme. In light of these cumulative revelations, the prosecution considers it is not useful to call him as a witness.” In a brazen act of witness intimidation, Kenyatta’s defense team demanded the ICC turn over to Kenyan authorities witnesses who had given evidence so that the “self-confessed criminals so they can face the full force of the law.” Prosecutor Bensouda was so concerned about witness intimidation and tampering, she asked the Court to grant witnesses courtroom protective measures, including voice and image distortion, use of pseudonyms and in camera sessions for identifying evidence.
The apparent recantation of the Kenyatta witnesses raises unsettling and puzzling questions. It seems they withdrew their testimonies not because they actually gave “false testimony” but because they feared certain and swift retaliation if they appeared at trial and testified. Their recantations should not be taken as genuine but as the product of reasonable fear of imminent persecution and prosecution by Kenyan authorities. Should it come as a surprise to anyone that witnesses who face massive retaliatory actions by the Kenyan Government suddenly declare they have given false testimony to save their lives?
Last July, the International Bar Association International Criminal Court Programme (IBA) issued a report entitled, “Witnesses before the International Criminal Court”,documenting the challenges facing the ICC in “protecting, supporting and ensuring the rights of witnesses” before that tribunal. The report pointed out significant deficiencies in the ICC’s witness protection efforts and services. These included deficiencies in “obtaining state cooperation, supporting witnesses’ practical and psychosocial needs, organising logistics, securing their safe passage to The Hague, and protecting persons from potential threats or interference during investigations and trials.” The report specifically found
the legal status of ICC witnesses who have already testified is unclear and should be clarified. While the ICC’s legal texts provide for witness protection measures throughout the proceedings, little attention has been given to the question of what should happen to these individuals once their testimonies are complete. The same can be said for acquitted persons, even those who testify as ‘witnesses’ on their own behalf. The IBA considers that the detention of ICC witnesses for several years after they have finished testifying pending the final resolution of protracted legal arguments to determine their status, is not the model the ICC or the Netherlands should follow in future cases. Likewise the status of acquitted persons (whether they were witnesses or not) who cannot return to their country for security reasons must be clarified. The IBA recommends that the ICC, States Parties and the Host State work together and develop a joint policy on the eventual placement for witnesses and acquitted persons with asylum claims, based on their respective human rights obligations.
Some witness have faced jurisdictional nightmares when they sought asylum following their testimonies in the ICC. According to the IBA report, in 2011, defense witnesses in the Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui cases “applied for asylum in the Netherlands, raising difficult questions about the legal status of witnesses who testify before the ICC.” The report concluded: “These [asylum] claims have proven to be a litigious conundrum in terms of the overlapping jurisdictions of domestic, regional and international courts, and raise questions about who owes human rights obligations to these witnesses and the scope of these obligations.”
The ICC maintains a Registry for the protection of witnesses. However, that program also suffers from significant deficiencies. According to the IBA report, the “operational structure of the Victims and Witnesses Unit needs to be reinforced. The Registry is not providing sufficient operational support for the protection of defence witnesses… [and there is a need to]… increase capacity for witness relocation…” The IBA report recommends, “The Registry should explore opportunities with non-States Parties to increase capacity for witness relocation. Many non-States Parties with effective national protection programmes would be keen to cooperate with the ICC on witness relocation matters. The IBA encourages the Registry to continue pursuing ways to engage with these non-States Parties, which could be done through ad hoc agreements as provided in the Rome Statute’s cooperation provisions.”
A Proposal for “International Criminal Court Witness Protection Program” (ICC-WITSEC)
The principal problem in prosecuting incumbent African leaders suspected of crimes against humanity is ( and will be) finding and securing the cooperation of credible witnesses inside the countries of the accused African leaders. As the Kenyatta case has shown, it may be easier to find a snowball in hell than finding credible witnesses willing to come forward to testify against “sitting African presidents, prime misters” and the like suspected of crimes against humanity. The absence of an effective and robust witness protection program is and will continue to be the Achilles heel of the ICC. The ICC Prosecutor and the Court itself must find effective ways of preventing witness intimidation, witness tampering, witness payoffs and subornation of perjury if the Rome Statute is to remain a credible deterrent to crimes against humanity for African leaders-cum-thugs and others.
Here is where the John Gotti and Uhuru Kenyatta cases intersect. The U.S. Government was able to convict Gotti (despite three spectacular prior failures) because Sammy (“the Bull”) Gravano, Gotti’s underboss, testified against him. In return for a reduced sentence and placement into the Witness Protection Program, Gravano sang like a canary. Since Gravano’s testimony, dozens of notorious mobsters have cut deals with the U.S. Government and testified against their mob bosses, resulting in dozens of convictions and hundreds of arrests of the most notorious mobsters.
The allegations and the proffered evidence in the Kenyatta case shows that the co-conspirators involved include not only other high level Kenyan officials but also low levels ones and members of the criminal underground. Compelling and convincing testimony is likely to come from the underbosses who often do the dirty work for their African “leaders” (capos/ capodecina/caporegime) in committing crimes against humanity. If there are to be successful prosecutions of incumbent high level African “leaders”, the most compelling testimony and evidence is likely to come from their disgruntled lieutenants and underbosses and those paid off to do their dirty work, including police and security thugs and other criminals preying on the community. The ICC Prosecutor should target not only the capo di tutti capi (boss of all bosses) of the African leadership but also the street enforcers and foot soldiers.
I believe the ICC Prosecutor should initiate its own “International Criminal Court Witness Protection Program” for deserving and carefully vetted witnesses patterned after the U.S. witness protection program (WITSEC). WITSEC provides effective protection to threatened and vulnerable witnesses against organized criminals before, during, and after a trial. In the program, witnesses and their families are provided new identities and documentation and relocated. Since the program was launched in 1971, nearly ten thousand witnesses and family members have been placed in the WITSEC program. Incredibly, “95% of the witnesses in the program are criminals.” The WITSEC program was established under Title V of the Organized Crime Control Act of 1970, which enumerates the terms and conditions for the United States Attorney General to provide for the relocation and protection of a witness or potential witness in cases involving organized crime or other serious offenses.
Just as the U.S. Government offered Mafia underbosses, capos, consiglieres and soldiers prosecutorial leniency and the chance to join WITSEC, the ICC Prosecutor should be prepared to offer full protection to those credible witnesses against the African bigwigs accused of crimes against humanity, including the chance for relocation to another country with their families. Without an ICC witness protection program, the chances of securing the cooperation of credible witnesses could be extremely limited. When WITSEC was first launched, many people expressed moral outrage in “coddling” smaller criminals to catch the big ones. They criticized Congress for following the “end justifies the means” policy. Though the Mafia is not out of business, racketeering laws and the WITSEC program have made a significant dent in all forms of organized crime in the U.S. and rendered organized criminals weak and vulnerable.
One of the issues noted in the IBA report is the adverse impact of witness protection and services on the ICC budget. That is an important consideration. However, things must be seen in perspective. The long ICC trial of ex-Liberian President Charles Taylor cost a quarter of a billion U.S. dollars. “Taylor received legal assistance of $100,000 per month, which together with the location of the forum and the five-star calibre of the legal representation of both sides made the process an enormously costly affair, estimated at some $35-$40 million per year. By its conclusion, it may end up having cost the international taxpayer close to $250 million, and probably much more than that, if and when the verdict leads to an appeal.” While justice is priceless, the ICC should not be turned into the International Cash Cow for lawyers. There are some three dozen indictees in some pre-trial stage at the ICC. Even at a fraction of the cost of the Taylor trial, the total cost to prosecute these suspects could run into several billions of dollars. There is no reason why judicious cost savings in legal fees and expenses could not be used for an integrated witness protection program.
The ICC should also work with its biggest contributors, including Germany, the UK, Italy, France and Spain to support a witness protection program including grants of asylum and relocation support services to deserving witnesses. Participating witnesses and their families should be provided new identities and essential support, including job training, employment assistance, housing and medical care.
A robust witness protection program is perhaps the best that could be realistically expected today in the effort to bring African leaders-cum-thugs to the bar of international justice. If the ICC as an institution could strike a tiny tintinnabulation of fear of prosecution and accountability in the stone cold hearts of African “leaders”, their capacity and wanton desire to commit crimes against humanity could be significantly mitigated.
Few witnesses in Africa would be brave enough to pay the cost in their lives to bring the truth to light in crimes against humanity committed by African “presidents, prime ministers” and the like. If there are surviving victims, they are too traumatized to become witnesses. If they are the victimizers, they have no reason for coming forward. Yet, if there is a robust ICC witness protection program, it is highly likely that victims and some disgruntled victimizers could come forward and testify against the mass and serial murderers and torturers occupying the highest public offices in Africa.
I believe many African criminals against humanity in power today feel confident that they will laugh their way out of the International Criminal Court certain in the knowledge that no one would dare testify against them and expect to live in their countries. The ICC should learn this fundamental lesson from the Kenyatta case. Justice is priceless but the small cost of delivering justice to the victims of injustice and crimes against humanity is an integrated witness protection program. The alternative is courtroom window dressing, playacting justice on a world stage and telling a courtroom tale of injustice “full of sound and fury, signifying nothing.”
I have no doubts that African leaders-cum-thugs looking at their Kenyan brethren are heaving a big sigh of relief. They chuckle in the thought that the ICC for them is an International Criminal Court of Chumps. That’s why we must rally to save the ICC from International Criminals and Crooks in high offices in Africa.
Crimes against humanity are organized crimes!
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
“Cowardice asks the question: is it safe? Expediency asks the question: is it political? Vanity asks the question: is it popular? But conscience asks the question: is it right? And there comes a time when one must take a position that is neither safe, nor political, nor popular – but one must take it simply because it is right.” –Dr. Martin L. King
Network calls for the release of journalists imprisoned in Egypt on false accusations.
Al Jazeera English journalists Peter Greste, Mohamed Fahmy, and Baher Mohamed have been held in jail in Egypt for 100 days.
On Monday, the network urged the international community to support its call for their release by sending their own personal messages on social media using the campaign hashtag, #FreeAJStaff.
A fourth Al Jazeera journalist, Abdullah al-Shami, has been held in Egypt for more than six months and has been on hunger strikesince January 23. His detention was extended for an additional 45 days on March 13.
Al Jazeera strongly rejects the charges and calls for the immediate release of its staff.
Another Al Jazeera journalist, Mohamed Badr, was arrested on July 15 and released on February 5, when he was acquitted of a series of charges including being involved in the protests in Cairo’s Ramses Square.
Al Anstey, the managing director of Al Jazeera English said: “Mohamed, Baher, and Peter have now been behind bars in Egypt for 100 days for simply doing their job, and for carrying out the highest quality journalism.
“The charges against them are false and baseless, so there is no justification whatsoever in the detention of innocent journalists for such an outrageous amount of time. We continue to call for their immediate release and for the release of our colleague from Al Jazeera Arabic, Abdullah Al Shamy, who has been behind bars for 236 days.”
“We are very grateful for the immense support of our staff, from right around the world. The response to their detention has been outstanding. The campaign is focused on the release of our four staff, but is fundamentally a stand in the defence of journalism itself, and a call for people everywhere to have a right to be heard and the right to know what is really going on in their world.”
#FreeAJstaff campaign
More than 40,000 people have been actively involved in the campaign for the release of the journalists, with events held in more than 30 countries and in every continent.
There have been more than 800 million impressions of #FreeAJStaff on Twitter and there have been repeated calls from governments, international institutions and media organisations for an end to the imprisonment of the journalists.
In New York on Monday, senior journalists will call on the Egyptian authorities to immediately release Al Jazeera’s staff.
The conference will be attended by Owen Watson, an executive producer at Al Jazeera English; Gary Pruitt, the president of the Associated Press news agency; Susan Chira, the assistant managing editor of the New York Times; Jon Williams, the managing editor international at ABC News; Abderrahim Foukara, a bureau chief for Al Jazeera Arabic; and Sherif Mansour, the Middle East and North Africa programme co-ordinator at the Committee to Protect Journalists.
An event will also be held by the Columbia Journalism School to show solidarity for Al Jazeera.
In London, Heather Allan, the head of newsgathering at Al Jazeera English, will outline the current situation in Egypt in a speech at the Journalist Safety Symposium at the BBC.
After the symposium, delegates, journalists and media freedom organisations will be hosting a protest at the Piazza at New Broadcasting House.
The Foreign Correspondents’ Association of Southern Africa will also be holding a protest outside the Pretoria High Court to show support for Al Jazeera.
The United States, The UK and the EU have all called for the release of Al Jazeera’s staff imprisoned in Egypt.
European Parliament opened hearing about the Ogaden Human Rights violations and the Ethiopian prisons in Addis Ababa. The hearing,which was invited to participate in the Ogaden whistle-blower ,Abdullahi Hussein, and Swedish Journalist,Martin Schibbye,was held on April 2nd by the group the progressive Alliance of Socialist and Democrats in European Parliament and Committee to Protect Journalists (CPJ).
“Ethiopia is one of the largest humanitarian and developmentaidreceiver yet these donations are used incorrectly and corruptly.Western governmental Organizations and Western Embassies to Addis ababa ignored the stolen donations and humanitarian aid that are being used as a political tool by the Ethiopian regime,which is contrary to EU rules on the funding”,said Anna Gomes,MEPHead of international Unit party Socialist democrat.
Marita Ulvskog,MEP,in her part first thanked Abdullahi Hussein and Swedish Journalist,Martin Schibbye speaking about the steps needed to be taken in order to stop the human rights abuses that is being committed against Ethiopian and Ogaden civilians,she said that the EU could use sanctions or words against Ethiopia or follow up documents and information like the one provided by Abdullahi Hussein to show the reality in the ground.
Abdullahi Hussein,who is the former regional Presidential adviser and head of the media in Ogaden presented a shocking footage that changed the EU’s view towards Ethiopia.
Abdullahi Hussein,who gained the title of “brave man” and nominated of the prize of Sweden’s civil courage of the year 2014, “Antigone award”, after he had put himself at risk for smuggling out over 100 hours of footage from the Ogaden Province requested the EU to put their words into action as the killing,gang-raping,and extrajudicial arresting still continues.
Speaking with Ogaden diaspora owned TV service of Ilaystv, Martin Schibbye stated that in conjunction with Abdullahi Hussein their purpose to reset was to tell the World what they had seen which is to fulfill a promise that he made to many people from Ogaden region,but also their co-prisoners in Kality Prison of Addis Ababa.Members of European Parliament,CPJ’s Jean Paul Marthoz and Human Rights’s Leslie Lefkow have also explained the human rights situation in Ethiopia in details to the EU Parliament.
Anna Lindy,chair of the hearing, presented the human rights situation in Ogaden and Ethiopia at the opening time of the session.
Members of An ad-hoc technical committee, composed of four members with two from Somaliland and other two from Somalia and their supervisors the two aviation ministers have failed to reach an agreement on the proposed joint air control management after a weeklong talks in Ankara, Turkey this was revealed by Somaliland Civil Aviation Minister Hon Mahmoud Hashi Abdi upon his return to the country yesterday.
Somaliland Minister of Civil Aviation in a short press briefing said, “Somalia has failed to comply with the framework agreement reached in Chevening, Dubai, Ankara, and Istanbul I, delegations from the Federal Government of Somalia and the Government of Somaliland met in Istanbul between 16 and 19 January 2014 with the assistance of the Turkish Government.
“Our Previous agreement was for the so called Mogadishu center which is now located in Nairobi and tasked with controlling the outer space of Somaliland and Somalia will be relocated to Hargeisa and the federal government will have the privilege to appoint who heads the joint committee with controlling of the airspace and airports but this was not the case with the SFG officials,” he said.
On 18 January 2014, the Government of Somaliland and the Federal Government of Somalia signed a joint communique during talks in Istanbul, hosted by the Turkish government.
In the communique, the parties agreed to nominate an Air Traffic Control Board, which will be established within 45 days. An ad-hoc technical committee, composed of four members (two from Somaliland and two from Somalia) will prepare the terms of reference of the Air Traffic control board.
• This is a dialogue process between the Government of Somaliland and the Federal Government of Somalia to reach agreement on future relations .The parties are committed to continuing their dialogue in a spirit of mutual respect.
• On 1 January 2014 the International Civil Aviation Organization (ICAO) relinquished control of Somaliland and Somalia’s airspace. ICAO has managed the air traffic control since 1991.
The latest Communiqué of the Technical committee Meeting
Meeting of the technical committees from both Somaliland and Somalia regarding the terms of reference (TOR) of the board of the management, held in Istanbul, Turkey which began on the31/3/2014 up to 4/4/2014
Agreed on the following three points-
1.The Airspace to be returned to Somalis, latest by January 2015 and to be managed by a joint board.
2.The difference regarding the two parties the terms of reference as to the function and the shape of the management board
3.The respective parties would be in constant consulting with their superiors in Somalia and Somaliland in order to brief and update on the current issues of discussion and finally both Aviation Ministers should attend the next round of Somaliland /Somalia talks in order to find a lasting solution to the problems related to the management of the airspace
