GAMBIA: PRESIDENT SET TO GO AHEAD WITH PRISONER EXECUTION

In what many would consider a ‘slow news week’, the Banjul government attracted the sort of publicity which in most weeks would have passed unnoticed under the global news radar.

Last week Amnesty International revealed that the government had executed about nine of the country’s 47 death row prisoners. Amnesty International added that further executions were to follow “in the coming days”. The recent executions come as a shock not least because the last State sanctioned execution occurred in 1985.

At the time of writing President Yahya Jammeh’s motives for persevering with the executions are still unclear although some of the executed individuals had been arrested on treason allegations. Unfortunately Jammeh’s latest pronouncements indicate that more executions are to follow. In early last week’s press release, Jammeh asserted: “By the middle of next month, all the death sentences would have been carried out to the letter; there is no way my government will allow 99% of the population to be held to ransom by criminals.”

President Jammeh’s government appears to be backtracking somewhat on the back of the criticism it has faced since Amnesty International’s revelations. In a statement released late last week the government muddied already murky waters by appearing to refer to Amnesty International’s report as mere speculation. It has to date failed to clarify either one way or the other whether it has indeed executed any prisoners at all.

Ousainou Darboe, leader of the UDP opposition party has called on the government to reveal the whereabouts of the nine prisoners said to have been executed in this seemingly first round of capital punishments. “If the government denies that any execution has taken place, it should go further and parade all those on death row on TV for their families and the public to see them. If the execution has indeed taken place, the international community should consider imposing travel bans on Jammeh and his ministers,” Darboe said.

The second strand of Darboe’s statement appears to have been assimilated and heeded by Catherine Ashton, the European Union foreign affairs supremo. In a counter statement in response to Jammeh’s threats to execute all prisoners on death row within the next month, Ashton demanded an immediate cessation of all executions. “In light of these executions, the European Union will urgently consider an appropriate response,” she added.

If the government’s latest statements are to be used as a barometer to gauge its determination to follow through on the promise of further executions, it may well appear that its appetite has been quenched by the furore which has enveloped it since its internal affairs became breaking global news. Jammeh’s unpredictability however implies that the preceding statement must be absorbed in tandem with a disclaimer. Now in his fourth term since he came to power via a coup d’etat in 1994, Jammeh continues to lead a government which pays little to no regard to matters relating to civil liberties, human rights and press freedom. In spite of his ego and unstinting obduracy the country’s heavy reliance on foreign aid means that Jammeh can ill afford to alienate the EU and the international community who are responsible for propping up its precariously unstable economy.

BAHRAIN: GOVERNMENT CONTINUES ASSAULT ON OPPOSITION ACTIVISTS

The writer refers to Bahrain as the gift that keeps on giving, the reason being that the Bahraini government keeps on providing enthusiasts of global politics and international law with something to write about. It has certainly been successful at grabbing our collective attentions although not for the reasons it would prefer to be famous for.

Last week, opposition activist Nabeel Rajab was sentenced to three years in jail for effectively having the audacity to lead ‘peaceful’ protests against the government. The country’s courts are expected to hear his appeal next week.

Although the decision to sentence Rajab came as no surprise to observers, the length of the sentence for the ‘crime’ was even by Bahraini standards unprecedented. The EU’s foreign affairs High Representative Catherine Ashton has led calls against the Bahrain government’s anti-democratic stance. Ashton highlighted that Rajab had done nothing wrong and added that his sentencing was linked to his calls for the government to respect its citizens’ fundamental freedoms.

Victoria Nuland, the U.S. State Department spokeswoman stated that the U.S. was deeply troubled by Rajab’s sentence. She continued; “We’ve made it clear that it is critical for all governments, including Bahrain, to respect freedom of expression and freedom of assembly.” The NGO Amnesty International has gone even further than both the EU and the U.S by stating that it was a “dark day for justice.” Amnesty International’s Hassiba Hadj Sahraoui averred that Rajab’s sentence eliminates the potential for change in the country. Sahraoui affirmed: “Like many others in Bahrain, Nabeel Rajab is a prisoner of conscience, jailed solely for peacefully exercising his right to freedom of expression and assembly.”

The government’s publicity machine has since gone into overdrive in anticipation of the global opprobrium it expects to rain down upon it. The government insisted that it had evidence to hand which conclusively showed that Rajab had caused the deaths of innocent people by inciting “violence and escalation against law enforcement officers”. The country’s interior ministry also confirmed that about 700 security officers have been injured since clashes began last year. It has however failed to explain why others charged with the same offence appeared to have been given lighter sentences that that which befell Rajab.

For its part the Bahrain government has no incentive to restrain itself from maintaining the current status quo not least because its strategic location in the Middle East makes it a viable alternative as an oil transport route out of the Gulf region to the Strait of Hormuz, where Iran currently holds sway. The fact that the country also hosts the U.S. Navy’s Fifth Fleet further complicates matters thus rendering any idea of political will being mustered and mobilized by the U.S. redundant. The Bahrain government, like its Russian counterpart who drew the ire of the watching world with its absurd decision to jail members of the Russian female punk rock band, Pussy Riot last week, fails to appreciate the significance of the oft-repeated mantra spawn by the current writer. The said mantra being that the movement for change is akin to a hydra which will not cease to exist when one of its heads - the movements’ individual foot soldiers – are incarcerated or silenced.

UNITED ARAB EMIRATES: GOVERNMENT CRACKS DOWN ON PROTESTERS' LEGITIMATE DEMANDS

Amidst the mutterings that the Arab spring was about to claim its latest victim, the ruler of the country’s Sharjah emirate last week moved quickly to calm fears that the country’s forces was wantonly jailing persons responsible for organising the unprecedented recent episodes of protests against the state. Sheikh Sultan bin Mohammed al-Qassimi inferred that the arrest of several individuals over the last couple of weeks was linked to its investigation of “crimes against the security of the state” and added that the state’s forces had a “duty” to protect the country against the individuals involved in the alleged plot.


Background

Over recent weeks several dissidents and protesters have been arrested in a synchronised crackdown against activists in the country. The activists arrested in the crackdown are allegedly linked to the al-Islah (Reform) Islamic group which calls for a stricter observance of Sharia’a law in what is already the most conservative part of the country. About 50 dissidents are reported to have been arrested since last year without recourse to an effective judicial system. Moving swiftly to set an example of the activists and to perhaps dissuade others from joining the perceived revolution the government has stripped some activists of their citizenship while others have been issued summary jail sentences.


Criticism

If the rapidly modernising country thought that stamping down swiftly on voices of protest may prevent attention being drawn to the revolutionaries’ causes they had better have a rethink. Amnesty International and Human Rights Watch have voiced concern over the treatment of activists. In its statement last week, Amnesty International urged the government to release details of the location of those it had arrested. Joe Stork, Human Rights Watch deputy Middle East director called on the United Kingdom and the US to rein in its ally. Stork stated: “After all their fine words over the past year about standing up for democracy and human rights in the Arab world, the U.S. and the UK have completely lost their voices when it comes to the UAE.”


Campaign of intimidation

The Amnesty International and Human Rights Watch statements follow recent criticisms of the government’s actions by related international organisations. Rupert Colville, the UN human rights spokesman asserted that the government’s actions were effectively a ruse to silence legitimate protests. Colville stated: “It appears that national security is increasingly being used as a pretext to clamp down on peaceful activism, to stifle calls for constitutional reform and on human rights issues such as statelessness.” The highly respected Geneva based International Commission of Jurists (ICJ) whose mission statement includes the implementation of principles which advance human rights have added to the debate. Said Bernabia, the organisation’s Senior Legal Advisor for its Middle East and North Africa Programme stated that the government’s move was “part of a broad campaign of intimidation and harassment by UAE authorities that aims to silence any and all critical voices”. Bernabia called for the crackdown to cease immediately.


Oil wealth

The UAE is made up of seven emirates or states which united to form a federation in 1971. The country’s oil wealth has placed it amongst the world’s fastest growing economies and the standard of living of its people has risen significantly since its discovery of the oil resource. The country is as liberal as they come in comparison with its neighbours. Its allegiance with the major players on the international scene such as the US and UK is testament to its status as one of the leading figures in the Middle East. The country’s overly generous welfare system has enabled it to avoid the disturbances in the region which has led to the toppling of four governments during the Arab spring.


Sound-off

Nevertheless the government appears not to have learnt any lessons from recent events in the Middle East as rather than engaging the public and its opponents in debate about political reforms and civil rights, it has opted to demonise activists as ‘Islamists’ and jail those it deems as threats to its stability. It clearly has not learnt that its attitude may be counterproductive as it stands the risk of galvanising further protests against it as the recently deposed governments of Ben-Ali in Tunisia and Mubarak in Egypt highlight. The government’s close ties with the US and U.K means that the West’s political will to cause change may not be forthcoming in the immediate future. The country’s rulers will do well to learn some lessons from the past, most notably from events which transpired in neighbouring Egypt whose deposed government’s close ties with the West counted for nothing when the waves of change could no longer be held back by revetments.

ETHIOPIA: GOVERNMENT WAGES FURTHER ASSAULT ON FREEDOM OF SPEECH AND EXPRESSION

The principles of freedom of speech and expression came under serious attack in the past week in the East African country of Ethiopia where journalists, opposition politicians and bloggers were sentenced to terms in jail for allegedly conniving with rebels to overthrow the government. The prison sentences imposed on the said individuals ranged from between eight years to life imprisonment.


2009’s Anti-terrorism law

The assault on freedom of speech and expression in the country has slowly gathered steam over the last few years but has intensified since 2009 when an anti-terrorism bill was passed by its parliament. One of the by-product of the provisions of the law would see individuals jailed for up to 20 years if found to have published information which could ‘incite’ terrorist activities. This provision appears to stretch the definition of ‘terrorist activity’ to include the work of journalists, bloggers, artists et al which have the temerity to criticise the government when it falls short of maintaining international human rights standards.


The ‘Convicts’

Needless to say unrelenting opprobrium has been heaped on the decision since the verdicts became public knowledge not least because the Ethiopian government has serious form when it comes to incarcerating individuals who voice any forms of dissent against it. Amongst those jailed in this latest onslaught on freedom of speech were Andualem Arage, an opposition politician from the Unity for Democracy and Justice Party (UDJ) who was jailed for life, along with Berhanu Nega and Andargachew Tsige who also received life sentences in absentia.

Probably the most well known of the individuals jailed is blogger and journalist Eskinder Nega who was sentenced to 18 years in jail. Nega appears to have offended the authorities by having the audacity to challenge the government’s decision to arrest, under the aforementioned anti-terrorism legislation, Debebe Eshetu, an actor in the country who has also been a constant thorn in the government’s flesh. In addition, the said individuals and others who received similar sentences were accused of being members of the US-based opposition group Ginbot 7, which the government has classed as a “terrorist organisation”.


Prime Minister Zenawi

The country is led by Prime Minister Meles Zenawi of the Ethiopian People’s Revolutionary democratic Front (EPRDF) who is currently serving a fourth 5-year term in power following an election victory in May 2010. As has been the case with elections held on the continent, opposition groups refused to accept the decision on the grounds that the elections were not free and fair while international observers chorused in unison that the elections failed to adhere to international standards. Zenawi is said to have been one of the writers of the country’s constitution which was created in 1994. Zenawi has also been the country’s only Prime Minister since multi-party elections were first held in 1995.


Criticisms of the latest convictions

The European Union (EU) has voiced strong concerns about the sentences. The organisation’s foreign policy chief Catherine Ashton averred that the principle of freedom of expression enshrined in the Ethiopian Constitution is somewhat compromised by “a lack of clarity with regards to what constitutes a terrorism offence”. The prominent Non-Governmental Organisation (NGO), Amnesty International added: “The Ethiopian government is treating calls for peaceful protest as a terrorist act and is outlawing the legitimate activities of journalists and opposition members”.


Sound-off

The detainees’ legal representatives appear to have already set plans in motion to appeal the decision of the authorities. Whilst trying to avoid being labelled a ‘prophet of doom’, it is highly unlikely that the appeals will result in the release of any of the convicted persons. One notes that the country is highly dependent on foreign aid for its economic stability as was the case with the East African country of Malawi where democratic ideals were also threatened by the government in similar circumstances. In Malawi threats of withdrawal of foreign aid and the West’s follow through of the threat was sufficient enough to check the excesses of the government. In the same vein it is unlikely that any measures taken by the West, short of those implemented in Malawi, will be effective as a means of preventing further strangulation and stifling of freedom of speech and expression by the Ethiopian government.

MALI: UN CONCERNS OVER AFRICA'S POTENTIAL NEWEST CIVIL WAR

“The UN Secretary-General is deeply concerned about fighting between Tuareg rebel groups and government forces in northern Mali…he is especially troubled by the large-scale humanitarian consequences of the crisis, including civilian casualties and thousands of internally displaced persons (IDPs) with many more seeking refuge in neighbouring countries, thus aggravating an already dire humanitarian situation throughout the Sahel region.” - Spokesperson for UN Secretary-General Ban Ki-moon on the Mali conflict


Last week the UN launched an appeal for $35.6 million in its response to the worsening humanitarian crisis in the northern part of the West African country of Mali. The conflict between government forces and Tuareg rebel groups has resulted in the deaths of dozens and the displacement, within and outside the country, of nearly 130,000 people. The majority of the displaced people are said to have fled to neighbouring Mauritania, Niger and Burkina Faso.


The recent clashes, which began on 17th January has reignited the decades-long conflict between the Malian government and the Mouvement National de Liberation de l’Azawad (MNLA) which was temporarily brought to an end via the 2009 peace deal signed by both parties. The nomadic Tuareg seek greater autonomy from the Malian government coupled with demands linked to land, cultural and linguistic rights. The MNLA’s official mission statement proffers that the group’s aims include freeing “the Azawadan people from the illegal occupation of Azawadan territory held by Mali” and further “to hold a referendum to determine if Azawadians want a separate independent republic”.


The Malian government have so far repeatedly claimed that the rebels are al-Qaeda collaborators or in essence, the West African branch of the organisation. It is also widely claimed by media agencies that the MNLA rebels comprise of returning fighters who fought alongside Libya’s now dethroned Colonel Muammar Gaddafi. The government itself have hardly covered themselves in glory. It has strongly been accused by NGO’s and media outlets that it has deliberately targeted and shelled civilian areas populated by the Tuareg and also of not doing enough to protect the Tuareg peoples.


Amnesty International has been particularly scathing in asserting that both the MNLA and the Malian army have failed to protect civilians not involved in the conflict as stated in the Geneva Convention. Gaetan Mootoo, the organisation’s researcher on West Africa said last week: “It is the civilian population who are bearing the brunt of this indiscriminate bombing. In addition to human casualties the attacks have killed dozens of cattle, camels and goats which the nomad Tuareg population rely on … these bombings violate international humanitarian law and the government must stop them immediately”.


The West African economic bloc, together with the USA and France has called for an end to the violence. The UN in particular has called on the rebels to immediately cease its attacks on civilians and government forces and rather to engage in dialogue with the Malian government to resolve their grievances. What is concerning is the humanitarian consequence of the civil strife and the refugee crisis spawn as a result hence the UN’s calls for funds. Adrian Edwards, the UN High Commissioner for Refugees (UNHCR) spokesperson, said last week that the funds “will be used by UNHCR to provide emergency assistance to the displaced in Mali and neighbouring countries”.


Unfortunately the resumption of hostilities detracts attention from the famine and hunger in the neighbouring Sahel region of Africa and the longer the conflict persists, the more likely it is that preventable deaths caused by famine will become commonplace. If the Malian government is to avoid fresh bloodshed it needs to act now by swallowing its pride and engaging the rebels in roundtable talks as opposed to the armed engagement currently being favoured by both sides. Unfortunately the losers of this sad debacle will be the civilian non-actors in the violence and the Tuareg populace who ironically have borne the greatest losses since fighters representing the tribe took up arms against the Malian government.

MEDICINES SANS FRONTIERES (MSF) SUSPEND MISRATA OPERATIONS OVER ALLEGATIONS OF EXTRAJUDICIAL KILLING AND TORTURE

Last week, Medicines Sans Frontieres (MSF) or Doctors without Borders, the Geneva headquartered international humanitarian organisation, announced the suspension of their operations in detention centres in Misrata. MSF have been operating in detention centres located in Misrata since August 2011 where its staff have treated the war-wounded and have performed surgeries and operations on those with serious injuries. MSF attribute their decision to pull out from Misrata to concerns that detainees were being tortured by the Libyan authorities. MSF reveal that about 115 people have recently been treated for war-related wounds. Of concern as well are reports that some detainees were intentionally deprived of medical care and that several patients who had been returned to interrogation centres where the torture had taken place, had been tortured again.

MSF General Director, Christopher Stokes raised further concerns that Libyan officials have sought to exploit MSF’s medical work. Mr Stokes proffered: “patients were brought to us for medical care between interrogation sessions so that they would be fit for further interrogation.” He added “This is unacceptable. Our role is to provide care to war casualties and sick detainees, not to repeatedly treat the same patients between torture sessions.” MSF’s concerns have been buttressed by its counterpart, Amnesty International who have reported that widespread torture had been carried out by armed militia and security personnel operating within the country. Amnesty International’s spokesperson, Donatella Rovera said: “there has been no progress to stop the use of torture. We are not aware of any proper investigations into cases of torture, and neither the survivors nor the relatives of those who have died in detention have had any recourse to justice or redress for what they have suffered.”

The allegations of extrajudicial killings and torture come just three months following the NATO-led operation which brought to an end Muammar Gaddafi’s 42-year long dictatorship. Since then, there have been recurrent reports that Gaddafi loyalists, many of them black and of sub-Saharan African origin have been detained in detention centres from where they were then led to interrogation centres where the alleged acts of torture are said to have taken place. The United Nations report that about 8,500 detainees are being held across 60 detention centres in the country most of whom are alleged to have fought on the Gaddafi side during last year’s war. The detained are alleged to be regularly beaten, whipped, flogged and electrocuted during the course of the alleged episodes of torture. It is apparent that the use of torture is being used as a means of settling old scores and rivalries of the Gaddafi era Libya. Recent clashes in the cities of Tripoli, Bani Walid and Benghazi add to fears of civil war and unrest breaking out in the ‘New Libya’.

The Libyan National Transitional Government (NTC) however denies involvement in the recent spate and reports of torture and killing in the country. Speaking to the BBC recently, Ibrahim Beitelmal, the Head of Misrata’s military council, accused international humanitarian organisations such as MSF of having a hidden agenda. He stated: “I think that the people working under the guise of human rights organisations or doctors without borders are Gaddafi’s fifth column. There may have been a few cases of former rebels taking revenge but that doesn’t mean that the orders have come from my office to torture prisoners.”

The government’s denial does little to quell the international community’s concerns over the widespread use of torture in Libya’s detention centres. The UN Human Rights chief, Navi Pillay also voiced worries on Friday about torture, extrajudicial executions and rape of both men and women in these detention centres. In her report to the United Nations Security Council (UNSC), she also highlighted the government’s inability to rein in militias or so called revolutionary brigades who have been accused of being behind the grievous acts. She stated: “the interim government still does not exercise effective control over the revolutionary brigade. Light and heavy weaponry in the hands of these brigades pose a threat to public security and protection of the human rights of the population.” She added “something has to be done immediately to assist the authorities, for the State to take control of these detention centres”.

As were the cases in the Balkans after the fall of Slobodan Milosevic and Afghanistan following the toppling of the governing Taliban, some would say that reprisal attacks against those thought to be affiliated with the exiting governing regime, in this case Gaddafi loyalists, was to be expected. The weak government has not been assisted by problems it has encountered in securing its weapons depots, disarming fighters who fought against Muammar Gaddafi supporters and stopping the smuggling of ammunition within the country. Unfortunately fears expressed at the conclusion of the war that unsecured weapons could fall into the wrong hands have materialised and this has led to the creation of militia groups who have carved out areas of control throughout the country. In this regard, the NTC in conjunction with the international community could offer incentives, for example of the financial variety to those who return weaponry to government hands. This will to an extent reduce the amount of loose ammunition in the wrong hands. In addition, the strengthening of the country’s security services will dissuade individuals from taking up arms to protect themselves, their family and property.

Compounding matters in Libya is the lack of the rule of law in a country which was until recently ruled by a dictatorship for over four decades. Certainly, democracy is certain to fail without the foundation of the rule of law and a transparent judicial system which provides a check and balance against abuse by those elected or appointed to act as officers of the State. At present Libya lacks this foundation and like any nation in a rebuilding phase, the proverbial ‘promised land’ is likely to remain just that, ‘the promised land’ for decades and possibly centuries unless the creation of the rule of law is given precedence in its nation building.

The NTC can certainly assist matters by admitting that some of the torture has taken place in government owned facilities and have been sanctioned by government officials. Whether the top brass in the government are complicit in the killings, retaliations and torture remains a mystery. However, what is clear is that the NTC will require the assistance of the international community in combating the concerns raised by the UN, MSF, Amnesty International and other international aid organisations. Without doubt, all efforts exerted by the NTC and the international community for the purpose of upholding human rights standards will be futile without the rule of law being established in the country and strong governance being shown by its leaders.