I fear for Zimbabwe

Zimbabwe's opposition leader Morgan Tsvangirai has said he will return home to contest a presidential run-off, despite fears of widespread poll violence.

Speaking in South Africa, he said people would feel "betrayed" if he did not run, and vowed to return within two-days.

Violence has been growing in Zimbabwe since Robert Mugabe and his cronies realised that his arch competitor Tsvangirari won the election, though he didn’t gunner the required 50+1 majority win.

Horrific TV pictures and stories coming out of Zimbabwe is worrying, it shows that the re-run could be one of the ugliest. There is a further claim that the military are poised to shoot to kill any opposition leader who will be in their sights.

The story by the BBC of teachers, who acted as polling officers being beaten and awarded certificate to show they have received beating by the military, with the full knowledge of ZANU-PF officials is the most ridiculous.

He was told to produce it whenever someone else wanted to beat him as proof that it had already been done.

BBC claimed the paper even had a date stamp and the signature of the leader of the group.

I don’t know whether to believe this or not, something tells me its propaganda by the UK media. However, given past raids of opposition offices and crack down on Movement for Democratic Change(MDC) supporters by police, I cannot just brush it off.

To Mugabe and the ‘war veterans’ (Mugabe’s biggest terrorising machinery), letting Tsvangirai rule Zimbabwe is equivalent to allowing the British re-colonise Zimbabwe.

The level of political patronage in the country has been portrayed in the way the National Electoral Commission and the High Court handled the election petition filed by MDC.

What remains to be seen is whether Mugabe will allow full access by international monitors and media as demanded by MDC and it supporters.

President Thabo Mbeki's silent diplomacy has so far failed.

Mexican’s most wanted journalist

Mexican’s most wanted journalist Lydia Cacho won this year’s price for freedom of speech Award.

Joe Thloloe, President of the jury of 14 professional journalists and editors from all over the world, and Press Ombudsman of the Press Council of South Africa, explained the choice of this year’s laureate:

"Members of the jury were impressed by the courage of Lydia Cacho Ribeiro as she continues to expose political corruption, organized crime and domestic violence in the face of death threats, an attempt on her life and legal battles. For me, a journalist who knows the antagonistic environment in which he or she operates and continues to do the right thing by keeping readers, listeners or viewers informed about their society deserves recognition for their contribution to freedom of expression around the world. Lydia Cacho is such a laureate."

Cacho is a big encouragement to investigative journalist, my friend Benon Herbert Oluka, first prize winner in the 2007 Africa Education Journalism Award, who was at the same function described his encounter with Lydia as a wake up call.

Below is Cacho’s acceptance speech.

Mr. President, Mr. Director General of Unesco, Ministers, Ladies, Gentleman and fellow colleagues:
I feel honored to be with you tonight. This award may not protect me from death threats or from death itself. But it certainly helps to protect my written work and to enable a broader audience to know and understand the Mexican reality and the impact of the global crimes of trafficking in persons and of child pornography. By honoring me tonight you are recognizing the talent of my teachers, of the hundreds of women, men and children who have trusted me with their personal histories, their tragedies and their triumphs. Somehow they knew I would honor their trust by doing my job as a journalist. When I was tortured and imprisoned for publishing the story of a network of organized crime in child pornography and sex tourism, I was confronted with the enduring question of the meaning of life. Should I keep going? Should I continue to practice journalism in a country controlled by 300 powerful rich men? Was there any point to demanding justice or freedom in a country where 9 out of every 10 crimes are never solved? Was it worth risking my life for my principles? Of course the answer was… yes. Mexico, my homeland, is a country of 104 million people, a land of great landscapes, of magnificent rivers and unending green fertile mountains. Nonetheless Mexico exports 400 thousand people every year, men and women who flee to the United States, to escape hunger, poverty and violence. I grew up in a middle class neighborhood in Mexico City. My mother, a feminist psychologist, took me to the slums around town and told me that those kids—kids who were just like me—had no food and no chance to get an education. In this way she prepared me to be a citizen and what is now called a human rights activist. I was born a woman. I found in feminism a philosophy based on equality and peace. It led me to view life from a gender perspective. For years I have lived and moved between two worlds: being a feminist advocate against violence is the way I act as a citizen; being a journalist is the way I practice my profession. Every day I try to enlarge my ability to listen, to understand, to feel empathy, to question, to be truthful, to be ethical. By listening to peoples’ stories I learn ways to add insight and perspective to my coverage of human tragedy and human development. And also I test - as many of my colleagues do - my ability to stay alive. I am 45 years old, and I have spent most of my life trying to understand human nature. What makes us able to survive, to change, to evolve, to save or to harm each other? I’ve been watching the news and reading newspapers most of my life. I thought I understood the macro structures of oppression. I knew how the political system works to protect the rights of the elites, at the expense of the majority. But I was not aware what it felt like to be the subject of repression myself. When the mechanisms of state repression were used against me, I found myself in the strange position of being seen as a heroine simply for exercising –with some dignity– my right to freedom and justice. Thousands of people marched on my behalf. Most of the Mexican media covered my case for almost two years, until the powerful were finally able to buy the silence of some of them. Millions of citizens echoed my demand for freedom of the press and for the rights of the child victims I wrote about. I stood before the Supreme Court with a heart full of hope that they would defend our constitutional right to tell the truth without being tortured or incarcerated. Many thought there was so much hard evidence in this case that there would be no room for corruption. It seemed all of Mexico was hoping for a chance to believe that change was possible. Standing against us was a handful of well dressed lawyers in dark blue suits who defended the politicians I had accused of an unsavory relationship with pedophiles. But this handful of men was able to lobby the majority of Supreme Court judges to dismiss my freedom of the press case relating to child pornography and organized crime. And so I lost and so did my country. But here I am. I was lucky enough to elude death. I had the opportunity to report my own case, to live inside the story of an orchestrated campaign to protect the marriage between organized crime, businessmen and a corrupted government. But most of all I had the chance to keep my promises to the little girls who were abused by pedophiles and child pornographers, and who asked me to tell their stories. We journalists tend to believe that the shock provoked by reading such stories cannot fail to unite people of good will. That is one of the reasons we keep going against all odds. We know the power of compassion. As journalists we should never become messangers of the powers that be.Nor sould we surrender to fear and self censorship. And that is why we are here in Mozambique. We know there is something wrong with a world that favors a war economy instead of education, that favors silence instead of freedom and truth. A world in wich millions of chldren orphans of the HIV-AIDS pandemia are unimportant to the rest of the world.There is something wrong in a world where racism and sexism separates us from each other.
This gathering symbolizes our determination to keep on going…with cool heads and warm hearts…and to keep on writing. To keep on living with hope.
——– Lydia Cacho Ribeiro Maputo, Mozambique. May 3rd 2008

Juba talks: A cat and Mouse game

From my old blog-Friday, August 18, 2006

The peace talks currently underway between the Government of Uganda (GoU) and Lord’s Resistance Army (LRA) are the best opportunity in over a decade to end the twenty-year war in northern Uganda.

The involvement of South Sudan government as a mediator in this process, gives this process serious potential to succeed in both ending active violence and providing a framework to address deeper social and political grievances

However, what we are seeing now is an apparent end to the evident openness of the LRA and GoU to end the conflict that was exhibit at the beginning of talks.

It is over a month since the talks started and no serious issues have been arrived at and it is to that end that we undertake this analysis, to ask the government of Uganda and the LRA to refocus priority.

In the current GoU-LRA peace talks in Juba, we do not even know the issues of contention. For example, we do not know the government position on economic empowering of the north and its rehabilitation plans.

All we hear of is a “soft landing for LRA.” And the rebels prioritising post-conflict security and livelihood guarantees. The two parties seem not ready to address the multifaceted root causes underpinning the conflict in East and Northern Uganda.

The LRA support networks, scattered in small groups in the Diaspora, should not use the growing media attention, to expose what they believe are the injustices of the present government and gain reparations for past ills.

Coupled with this has been little public attempt to date to interrogate the interests and stakes of those involved in these peace talks. Such analysis is crucial to unpack the potentiality of this peace process and to clarify the short and long term needs for lasting peace in northern Uganda.

It is high time the government must consider several possible outcomes. First, the government must reflect on the needs of people in the north for peace.

President Museveni made it clear both in his campaign manifesto that restoration of peace in the north would be his priority and we think this is a chance for him to do just that.

Government should also consider whether it is willing to facilitate national dialogue and truth-telling mechanisms.

Lasting peace in northern Uganda will require not only disbanding LRA structure, but also addressing northern grievances of social, political and economic marginalisation.

Juba Talks-what is at stake

From my old blog-Tuesday,August 15, 2006

On-going Juba talks are the best opportunity in over a decade to end one of Africa’s longest running wars. Yet, the stance of each team is threatening to undermine opportunities to help end one of the world’s worst humanitarian nightmares.

Talks between Ugandan negotiators and representatives of Lord’s Resistance Army (LRA) rebels in Juba, southern Sudan came to a halt last week as the LRA delegation stormed out of the talks protesting government refusal to declare a cessation of hostilities.

The first round of talks ended without much progress after the LRA delegation demanded a ceasefire and also accused government of human-rights violation in the north.

Joseph Kony, LRA leader declare a unilateral ceasefire last week, however, Ugandan government has not reciprocated on the ceasefire declaration, insisting that it will agree to one only after a comprehensive peace agreement is singed.

Because of this mistrust, the LRA is said to have relocated its headquarters for fear of attack by Ugandan army, especially since its location is now well known to Kampala following recent confidence building visits by various government functionaries.

The greatest weakness of the Juba talks is now seen as the failure of the Chief mediator, Riek Machar, to insist on ceasefire declaration by both parties, this is the fourth item on the table that is yet to be agreed upon.

By its own initiative, the Government of South Sudan (GoSS) agreed to mediate and host peace talks between the warring parties in May this year. The involvement of such a strategic third party mediator, combined with apparent openness of both parties to end the war gives this process serious potential to succeed.

However there is a lot at stake in this peace process and the might be missed opportunity in this talks begins with the GoSS.

The GoSS has much to gain from peacefully expelling the LRA from within its borders. Elements of the northern-based National Islamic Front regime could easily resume using the LRA as a proxy militia to destabilise the South and derail the Comprehensive Peace Agreement.

The Khartoum government has been quiet about the ongoing peace talks since it started on July 14th.

Further, the LRA is embedded within networks in southern Sudan that have not yet joined the Southern Sudanese government coalition. The GoSS is thus keen to ameliorate the threat and demobilise the LRA through diplomatic means.

The LRA recognises the stakes for its top five lieutenants and also wants to avoid military confrontation with regional forces, the African Union (AU) and the UN to an extent that its cultic leader Joseph Kony and his Deputy Vincent Otti avoided peace talks’ venue for fear of being arrested and whisk off to the Hague.

International Criminal Court (ICC) indictments issued last October for top five LRA commanders have generated new pressure, though not enough will to actually execute warrants. Indicted LRA leadership want guarantees for their post-conflict security and livelihood.

As talks get underway, elevated attention by the United States and donor countries could be decisive to their success. However, The US State Department who announced two months ago that ending the war by end of 2006 was a priority of the Bush Administration has been unclear about its position on the Juba talks.

The US role is most desired as a non-signatory to the ICC, the United States may be able to impact the talks in ways that European countries cannot. The European countries, for their part, can urge the ICC to show restraint and to employ Article 53 of the Rome Statute. Under Article 53(4), the Prosecutor can reconsider a decision at any time “based on new facts or information.”

The GoSS, Kampala government and LRA leadership say that ICC continued disapproval of talks could derail the process when discussions shift to post-conflict security guarantees.

The unknown position of the international community and US also cast a shadow on source of finances resources that will be needed for implementation of peace agreements. The return of displaced peoples, compensation of victims and reintegration of rebel fighters will require extensive international support.

However, for President Yoweri Museveni’s government, the crisis has become an increasing liability for the reputation of the Ugandan government. With Museveni’s repeal of term limits to win a third term in elections, his regime has suffered a significant fall from grace.

Ending the war would not only redeem Museveni’s image abroad, but deal with the rejection his government has met in north for last 20 years. Success of the talks before the 2007 Commonwealth meetings to be held in Uganda would also be an accomplished for the Kampala government.

Museveni has made clear that he will offer amnesty to all rebels if the peace talks succeed within the stipulated period that ends September 12.

While Humanitarian bodies have criticised this as undermining the ICC, northern Ugandan leaders have expressed full support, conveying that long-term issues of justice can be addressed after the cessation of violence.

Acholi Paramount Chief senior aid told The EastAfrican that once the basic rights to their people have been restored, local leaders will help set the agenda for long-term restoration, using traditional restorative justice mechanisms.

The Acholi culture already has a built in mechanism, Mato Oput, to deal with reconciliation. Mato Oput is a process usually facilitated by Rwodi (clan leaders) in which the person who has wronged another or others gives a truthful account of the wrongs, accepts responsibility for what they have done, and makes a gesture of restitution in the form of something physical.

After this gesture is accepted by the aggrieved party, the two share a drink made of bitter herbs in front of witnesses to seal that reconciliation has occurred.

In the ongoing negotiations, the government and LRA will have to consider issues of reconciliation, truth telling and even some form of power sharing. While structural change is unlikely, Northern leaders say all parties should be supportive of the processes that build trust and relationships between segments of society that have been polarized and separated for several generations.

According to parliamentarians from the north and cultural leaders, lasting peace in northern Uganda will require addressing northern marginalization.

The war in northern Uganda has persisted for twenty years and has been described by U.N. Emergency Relief Coordinator Jan Egeland as “One of the worst forgotten conflicts in the world, and worse in magnitude than that of Darfur or Iraq.”

As a result, any form of economic activity has been brought to a grinding halt. A whole culture, people, and their environment are being systematically destroyed by Uganda’s government counter-insurgency policy.

Human development indicators in the north have gone into a free fall: 95percent of population lives below poverty line, 70% of them in absolute poverty. This is a contrast with the situation in the Southern and Western Uganda where 37 percent live below poverty line.

“This situation cannot continue without serious action being taken to reverse the fortunes of Northern Uganda for the better. It is also a threat to peace and stability in Great Lakes region” said Betty Amongin, a legislator from the North

However in the 20 years of conflict there have been opportunities for resolution. Even greater opportunities have existed for conflict management, which could reduce the destructiveness of this confrontation.

One could even go as far as to say that the continuation of this conflict is the legacy of missed opportunities. The peace talks of 1988, Operation North in 1991, the Bigombe talks of 1994 are all examples of missed opportunities that had the potential to end this conflict.

The Government undertook a number of operations to end this insurgency in its initial phase including mobilisation of civilian population to form defense units. Lack of technical competence in the armed forces to deal with insurgency is said to have prevented complete victory.

The LRA, now based in Garamba, DR Congo have terrorised the northern population to challenge the Ugandan government and sustain its existence. It has abducted more than 25,000 children, using them as cannon fodder and sexual slaves and displaced 1.6million.

When words summarise events

The Rape Case

It was interesting reading the ruling of Justice John Bosco Katutsi in the rape case against Ugandan opposition leader Dr Kizza Besigye.

The High Court Judge said in his ruling that the prosecution had “dismally failed” to prove its case against the opposition leader. He is accordingly acquitted and set free forthwith,” he said.

But those were not exciting words anymore for Ugandans who had been following the case. Just as a friend wrote in an SMS to me,-“we knew Museveni and click would lose”

As I read the story in Daily Monitor, one of Uganda’s local daily newspaper. I decided to pick these quotes and I believe, even those who have been following this case will know what it was right from the beginning.

By citing a 300-year old ruling by an English judge, Justice Katutsi said yesterday, “The evidence before this court is inadequate even to prove a debt, impotent to deprive of a civil right, ridiculous for convicting of the pettiest offence, scandalous if brought forward to support a charge of any grave character, monstrous if to ruin the honour of a man who offered himself as a candidate for the highest office of this country.”

You think that was hard,
“While I did not go to the length of imputing fraud on prosecution, I would like to point out to you that the circumstances of this case seem to me to indicate an attempt to secure evidence-using methods that seem to amount to abuse of process,” Waaoooo!!!!!

So, how do you describe the investigation my Lord?
“The best way to describe the way the investigations were conducted and carried out is that it was ‘crude and amateurish’ and betrays the intentions behind this case.”

But the Victim testified and was a credible witness.
“No she is no ordinary and rustic girl”.

And... “I wondered how a woman who claims to have been sexually assaulted was quite ignorant of the date, let alone the month during which she claims to have been sexually assaulted”.

But rape is too traumatizing to remember all that…
“Surely could an undergraduate offering BA in Arts forget the date and let alone the month on which she experienced the trauma that she claims to have affected her mental stability?”

So how do you describe that my Lord?
“Here, a quick answer would be that Judas Iscariot betrayed his master with a kiss and for a mere 30 pieces of silver.” OOooopppppss!!!
But my Lord…
“Talk of valentine day; to them every weekend is made to appear to have been valentine day. I invite female activists to tell us whether that is the behaviour of a girl who has been raped. I need more education in that area.”

Now, do you doubt the Competence of the investigation institution?
“Here we have a situation where the CID boss has read something from a mere publication, she has not interviewed any would-be complainant, to say the least, to authenticate the publication, is directing a junior officer to open a file against a newspaper-created suspect.
All I can say here is, ‘May God bless this Pearl of Africa! It would appear to me in all fairness to the CID boss that she is gifted with extra sensory perception,” he said. “This surely must be good news for the Pearl of Africa! Suffice it to say that there was no scintilla of evidence suggesting that either Dr Besigye or Kyakuwa were HIV positive, and indeed that if they were, they had the same HIV strain!”

Sorry, My Lord what was the case before you agian?
“The so-called first information for whatever it is worth was not on rape”.

Mr Simon Byabakama Mugenyi, you are the deputy DPP who prosecuted the case, what do you have to say?
“I am not surprised. The judgment was concluded long ago on the judge’s advice to the assessors.”

Mr David Mpanga, you were the defence lawyer, what do you think?
“This sad case was born in the deluded mind of Ms Joanita Kyakuwa, it was nurtured and developed in State House, and cooked to imperfection in the Criminal Investigations Directorate of the Uganda Police. It was presented in full inadequacy by the Deputy Director of Public Prosecutions”.

Dr Besigye, any comment on this ruling?
“I am very happy that another case of abuse of the legal process has been successfully disposed of. The role of especially President Museveni himself and the director of CID in originating, building up and prosecuting this abuse of the legal process is crystal clear and unprecedented.”

And my dear President Museveni, your last word on this?
“Dr Kizza Besigye would not be tried for terrorism and illegal possession of firearms in the General Court Martial”.

Redefining the boundaries of free speech

The publication of cartoons depicting Prophet Muhammad in the European media that provoked reactions across the world has threatened the world press.

The event not only raises the questions of fundamental rights but also that of civic obligation.

Not only is the Islamic world asking journalists to define where the boundaries of free speech lie but the entire world.

The cartoons published in the Danish Paper were meant to illustrate the difficulty encountered by the writer Kare Bluitgen, in finding an illustrator for his children’s book on the life of Mohammed.

The newspapers had the right to publish them and I agree with my colleagues in the profession who urge that our’s is an era marked by growth of religious belief, politicisation and all religion must be open to a full range of opinion and analysis

But I do not believe it is not the duty of a journalist to criticize any religion as such or to make fun of other people’s deeply held beliefs. It is one thing to lambaste exaggerated radical fringes of a belief system, and quite another to attack that belief system as a whole

Satire is a form of analysis, but freedom of speech is not absolute and does not give a journalist the right to cry ‘fire’ in a crowed theater

And this takes us back to one of the most debated topics at journalism school- “Social Responsibility”- where should the lines be drawn. There are three issues here that the journalist world needs to put in mind.

First it is against Islamic principle to represent in imagery not only Muhammed but all the prophets of Islam. This is a clear prohibition in Islam.

Secondly in the Muslim world, no jokes or laughter is made at religion and there are hardly any jokes both in the Quran and the Bible. For that reason, these cartoons are seen by average Muslim as a transgression against something sacred, a provocation against Islam.

My colleagues need to understand that; this is not a legal issue or an issue of rights. Free speech is a right and protected. No one should contest that. But at the same time we are working in a complex dynamic society with diverse cultures and there should be sensitivity to this.

There are no legal limits to speeches but there are civic limits. In any society there is a civic understanding that free speech should be exercised responsibly so as not to provoke sensitivities.

It was unwise to publish these cartoons as a way to raise or start a debate, such a move inflames emotions, and it does not court reasons. It is useless provocation.

Indeed, cartoonist Lars Refin has not understood how to use his undeniable freedom of expression wisely.

The Law in Africa

Yoweri Museveni’s election victory did not take the World by surprise; he is a strong man on this part of the earth. I took much interest in the electioneering in mu country-Uganda largely due to the fragile East African Community and the belief that Africa is noted to have become full of fresh democratic air. I received a text message that made me get very angry with Africa during the voter counting in Uganda. It read in part… “Pray for us. Preliminary results in 49 counting points show that Bisigye is leading. Some people are scared and most offices are locked.” Why on earth should a country that claims to be a democracy create a scenario where ones victory can be synonymous to chaos?

Note; my fellow country man wanted prayers not because he didn’t vote for Besigye, but because he was scared that a Bisigye victory will unleash the old bush Museveni on Ugandans. East Africans have witnessed increased democratic space ever since Julius Nyerere relinquished power followed by Daniel Arap Moi. This however does not mean that citizens in these three countries breathe freely; they are constantly harassed by the thought police.

Please allow me to digress a bit… a text message just landed from my Kenyan editor,where government has stomped the East African Standard Newspaper offices. It reads in part, “The Law. It is a great book. I now see clearly how the state protects the interests of the powerful under the guise of enforcing the law…” a Kenyan Managing Editor is being held by the police for publishing a story that alleged that a former ‘rebel’ minister, now an opposition luminary held secret talks with the Kenyan president! May those up and high left with some space for reason release him in one piece.

Just incase you are not familiar with the World of books, get hold of the book ‘The Law’ by Frederic Bastiat and you need not get surprised when you read about leaders claiming to be helping the masses. And so stated Bastiat, ‘The state is that great fiction by which everyone tries to live at the expense of everyone else.’ I hope the Kenyan government operatives will buy past newspaper issues where they have advertised extensively about freedom of _expression…all Kenyans of goodwill need it.

Back to my story, Ugandans had to weigh between sustaining tranquility at the expense of popular vote. The Ugandan case, just as it is in the Kenyan media freedom scenario, point at the need to stop individuals from turning into institutions unto themselves. People in Africa must be wary of any one who attends to them in the name of saving or helping them. So Museveni, as you take up your final term (that is, if you don’t change your mind again) note that Ugandans respect the fact that you stabilized the country, but they too know that a savior can turn to a devil if he overstays his calling.oops!! hope my minister for Information does not read it