BAN VOICES CONTINUED UN SUPPORT FOR INTERNATIONAL CRIMINAL COURT

Secretary-General Ban Ki-moon today expressed the continued support of the United Nations for the work of the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC">ICC), which he said has become the "centrepiece" of the global criminal justice system since it came into existence only several years ago.

"The establishment of the International Criminal Court was a landmark in the efforts of the international community to enforce the applicability of international humanitarian law, and to advance the cause of justice and the rule of law on a universal scale," Mr. Ban said in a <"http://www.un.org/apps/sg/sgstats.asp?nid=4058">message to the Consultative Conference on International Criminal Justice.

The ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes, and is based on a treaty known as the Rome Statue. To date, 100 States are party to the Statute, which has nearly 140 signatories.

The efforts by the UN to further the causes of peace, development and human rights are closely connected to the work of the ICC, Mr. Ban noted, adding that the world body stands ready to do all that is needed to "facilitate the Court's noble and important mission."

In the message, delivered by UN Legal Counsel Patricia O'Brien, the Secretary-General pointed out the increased support for the idea that justice must be an essential part of post-conflict strategies to ensure a sustainable peace.

This could take the form of international accountability mechanisms, boosting national accountability methods, and setting up possible non-judicial forums such as Truth and Reconciliation Commissions, he said.

Since the Rome Statue entered into force in 2002, Mr. Ban said, "the activities of the Court and its Prosecutor have had a discernible effect on potential perpetrators of international crimes."

Currently, four situations – the Central African Republic (CAR), the Democratic Republic of the Congo (DRC), Uganda and the Darfur region of Sudan – are under investigation by the ICC Prosecutor.

UN REPORTS POINT TO POSSIBLE WAR CRIMES IN EASTERN DR CONGO

With two new United Nations reports detailing human rights abuses – including possible war crimes – carried out by both Government forces and rebels in the volatile far east of the Democratic Republic of the Congo (DRC), the world body's top rights official today stressed the urgent need for reforming the country's security and judicial systems.

Fundamental improvements in these sectors "are of paramount importance if both the authorities and the international community are serious about bringing lasting peace to eastern DRC," High Commissioner Navi Pillay said.

The new publications are a joint effort of the UN peacekeeping mission in the DRC (<"http://monuc.unmissions.org/">MONUC) and the Office of the UN High Commissioner for Human Rights (<"http://www.ohchr.org/EN/Pages/WelcomePage.aspx">OHCHR), and cover the period in late 2008 when heavy fighting engulfed North and South Kivu provinces.

One <"http://www.ohchr.org/Documents/Countries/Goma_KanyabayongaRapport_Septembre_2009.pdf">report focuses on the actions of Government troops, known by the acronym FARDC, some of whom took part in 12 arbitrary killings, as well as looting and sexual violence, of the very people they were supposed to protect in the North Kivu provincial capital, Goma, and surrounding areas as they fled advancing forces from the mainly Tutsi rebel group known as the National Congress for People's Defence (CNDP).

"As human rights violations by the FARDC are so significant, failure at the political and operational levels to act to remedy the situation in and of itself constitutes a serious human rights violation," the publication said.

The Government must take immediate and strong action on the violations committed by the Congolese armed forces, it emphasized. "Without profound change in the FARDC, the international community may be perceived as contributing to human rights violations as opposed to effectively supporting the desired change and this perception might affect its support to FARDC."

Despite some positive changes in FARDC's command structures in the wake of the Goma rampage, soldiers who committed these crimes remain in the area, according to local people.

The High Commissioner characterized the judicial response to the violations by the FARDC as "wholly insufficient."

She added that "that has, unfortunately, generally been the case since the [civil] war officially ended in 2002, and is one of the reasons why progress on the human rights front since then has been so deeply unsatisfactory."

The other <"http://www.ohchr.org/Documents/Countries/Kiwanja_Report_September2009.pdf">report highlights the rights violations committed by the CNDP, including at least 67 cases of arbitrary executions, during the 5 November 2008 killings in Kiwanja, North Kivu.

Following intense fighting between the CNDP and the Mayi Mayi militia, the CNDP carried out reprisal killings of villagers, mostly young men suspected of being members or collaborators of the Mayi Mayi.

"The fact that killings took place simultaneously in several different areas of Kiwanja and that they were preceded, days before the events, by public warnings by CNDP authorities that in case of a Mayi Mayi attack, the population would be held responsible may suggest that, at least to a certain extent, the 'opération ratissage' was retaliatory in nature and ordered and condoned by the command of the CNDP," the report found.

It also noted that in the aftermath of the attacks, MONUC was strongly criticized for not having protected civilians.

Not only is additional training of military personnel in peacekeeping operations necessary, the report said, but also, "the formulation of clearer criteria for exactly when peacekeepers are to intervene in order to protect civilians must take into account both the need for peacekeepers to possess knowledge of the dangers faced by civilians in a given situation, and the capacity of peacekeepers to make a positive difference in that situation."

Ms. Pillay pointed out that the CNDP's actions could amount to war crimes or crimes against humanity and "are part of a self-perpetuating pattern of brutality in eastern DRC which continues to go largely unpunished.

"I am deeply concerned that members of the CNDP who may be implicated in these crimes – especially Bosco Ntaganda, against whom there was already an International Criminal Court arrest warrant – are either still at large, or have even been absorbed into the FARDC."

Laurent Nkunda, who led the CNDP at the time of the Kiwanja attacks, was taken into custody this January.

The High Commissioner voiced hope that the announcement of a zero-tolerance policy on sexual violence by the Government will be followed by "concrete and immediate action to hold perpetrators accountable, particularly since sexual violence continues to take place on a daily basis."

UN ECONOMIC COMMISSION FOR AFRICA HOSTS CLIMATE CHANGE MEETING

Experts, government ministers and senior United Nations officials will focus on combating climate change in Africa, including measures for adaptation and mitigation and financial resources and investment, at a forum due to take place tomorrow in Addis Ababa.

Around 100 experts and stakeholders from both Africa and member countries of the Organization for Economic Cooperation and Development (OECD) are expected to gather in the Ethiopian capital for the special session of the Africa Partnership Forum.

The UN Economic Commission for Africa (ECA), which is hosting the special session, says it is aimed at building a broad coalition around Africa's concerns and expectations, in the run-up to the Copenhagen meeting of the parties to the UN Framework Convention on Climate Change in December, where negotiations are set to conclude on a new agreement for curbing greenhouse gas emissions.

The special session will be chaired by the Prime Minister of Ethiopia, Meles Zenawi. Environment ministers from Sierra Leone, the Democratic Republic of the Congo (DRC), Uganda, Burkina Faso, Rwanda, Cameroon, Sudan, Kenya, Mozambique and Algeria are expected to attend.
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Commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui postponed until 24 November 2009

Situation: Democratic Republic of the Congo (DRC) Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

Trial Chamber II of the International Criminal Court issued a decision today, 31 August 2009, postponing the commencement of the trial in the case The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui until 24 November 2009. The Chamber found that compelling reasons require that the date of 24 September 2009 initially set for the commencement of the trial be put back.

The Chamber announced that it would ensure an expeditious trial consonant with the Rome Statute and the rules, and that the time the Prosecutor needs to present his evidence is not unduly long. The Chamber underscored that several recently raised issues must be adjudicated before the trial can begin:

- the changes required to the table submitted by the Prosecutor at the request of the Chamber presenting all the evidence and the list of witnesses he intends to call. The purpose of that document is is to provide a properly structured presentation of prosecutorial evidence, particularly for the Defence;

- the need for the parties to reach agreement on evidentiary issues and for the Chamber to rule on the Defence for Mathieu Ngudjolo Chui’s request regarding the admissibility and relevance of more than 290 pieces of evidence submitted by the Prosecutor;

- the need for the Chamber to rule on the Defence for Germain Katanga ’s motion of 30 June that his arrest and detention in the Democratic Republic of the Congo be declared unlawful and that the proceedings be stayed;

- the possible changes to the protective measures for witnesses called in this case, in particular those also called in the Lubanga case who have been granted protective measures by another Trial Chamber.

For these reasons, Trial Chamber II has decided to postpone the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and to convene a status conference on 30 September 2009 at 9:30 am ( The Hague local time).

ICC Prosecutor: Releasing Jean-Pierre Bemba would be an Error in Law

The Hague, 25 August 2009

ICC-OTP-20090825-PR445

Situation: Central African Republic
Case: The Prosecutor v. Jean Pierre Bemba Gombo

Jean-Pierre Bemba should remain in custody to the end of his trial, ICC Prosecutor Luis Moreno-Ocampo stated in a filing presented to the Appeals Chamber. The ICC Prosecutor appealed the decision of the single judge on interim release as soon as it was rendered. Yesterday, the Prosecutor made known his arguments in support of Mr. Bemba’s continued detention.

The Prosecutor said that contrary to the Single Judge’s conclusions, there has been no change of circumstances in the present case. Most of the circumstances cited are pre-existing and have been cited previously by the same judge as either grounds for continued detention or irrelevant to an application for release. The only significant intervening factor, the issuance of the decision confirming the charges against the Accused, confirms and increases the risks posed by the Accused if released. The Single Judge’s decision is thus error.

The pending charges may result in conviction with an overall lengthy sentence. All prior decisions, including the Appeals Chamber’s decision denying Bemba’s release, noted that the gravity of the charges - crimes against humanity and war crimes - make “the risk of [the Accused] absconding […] more likely”. The Chamber confirmed those charges. The Accused is now closer to trial and, if convicted, subject to a potentially lengthy sentence. The confirmation decision increases the incentive to flee and to obstruct the prosecution. It also increases the capacity to harm witnesses, since the Accused knows the identity of the witnesses and will continue to discover essential prosecution evidence.

Prosecutor Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba’s release while it is under consideration by the Appeals Chamber.

“Mr. Bemba is still presumed innocent but must stay in the detention centre .We will do all we can to ensure he stands trial as soon as possible and that victims see justice done” said the Prosecutor.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

FORMER CONGOLESE LEADER FACING TRIAL SHOULD REMAIN IN ICC CUSTODY – PROSECUTOR

Jean-Pierre Bemba Gombo should remain in the custody of the International Criminal Court (ICC) until the start of his trial for war crimes and crimes against humanity, the Court's Prosecutor stated as he appealed the decision to the former Congolese leader a temporary release.

On 14 August, the Court decided to grant Mr. Bemba's the request for interim release, albeit under conditions. The former vice-president of the Democratic Republic of the Congo (DRC) faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, a date for which has not yet been set.

Prosecutor Luis Moreno-Ocampo stated in his filing to the Appeals Chamber that Mr. Bemba is a flight risk and may harm witnesses involved in his trial, according to a news release issued by the ICC, which is based in The Hague.

Mr. Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba's release while it is under consideration by the Appeals Chamber.

"Mr. Bemba is still presumed innocent but must stay in the detention centre. We will do all we can to ensure he stands trial as soon as possible and that victims see justice done," said the Prosecutor.

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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HEALTH, EDUCATION EFFORTS IN REPUBLIC OF CONGO RECEIVE $500,000 BOOST FROM UN

The Republic of Congo has received a $500,000 influx from the United Nations Children's Fund (UNICEF) to boost health, nutrition and education initiatives to help ease the impact of the global economic crisis on the country's most vulnerable people.

The nation is recovering from two civil wars that uprooted over 1 million people, and despite strides made since the 2003 peace agreement, over half the population of nearly 4 million currently lives below the poverty line.

"Women and children are the most affected by poverty," UNICEF Executive Director Ann M. Veneman said in the capital, Brazzaville, today.

One in eight children die before they turn five, largely from preventable causes, she said, adding that the country also has one of the highest rates of maternal mortality in the region.

While in Brazzaville, Ms. Veneman visited the Life Savers national initiative which promotes 12 simple, easy-to-practice household behaviours, including breastfeeding exclusively for six months, sleeping under an insecticide-treated mosquito bednet, and washing hands with soap.

Life Savers also runs a 24-hour telephone hotline, which parents and caregivers can call when their children are sick.

In talks with Prime Minister Isidore Mvouba and other top officials, the UNICEF head commended the Government's efforts to improve access to social services and raised the issue of the treatment of indigenous people, or pygmies, especially the children who are marginalized and often face discrimination.
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NEW UN STUDY EXAMINES HUNGER SEVERITY WITHIN NEPAL

Hunger rates are most severe in the western regions of Nepal, which already ranks near the bottom of the global hunger index, according to a new report by the United Nations World Food Programme (WFP), which is examining food insecurity levels within the South Asian nation.

According to the global hunger index (GHI) developed by the non-governmental organization (NGO) known as the International Food Policy Research Institute (IFPRI), Nepal ties with Laos for 57th out of 88 countries, with a score of 20.6. Countries with levels under five, such as those in Western Europe, are considered to have low levels of hunger and are not included in the rankings.

The new WFP study found that levels were close to or topped 30 in the Far- and Mid-Western Hill and Mountain regions of Nepal, "pointing to an extremely alarming situation."

In particular, the score of 40.17 for the Mid-Western Mountain area is only slig
htly better than the 42.7 level for the Democratic Republic of the Congo (DRC), which has the worst GHI in the world.

Most of the country's 15 sub-regions fall within the alarming category, and none are categorized as either moderate or low-hunger. "This underscores the seriousness of the food security situation in Nepal," WFP said.

The assessment pointed to undernourishment, high percentages of underweight children, poverty, economic activity, agricultural productivity and access to health services driving hunger scores down.

While boosting economic growth is urgently needed, that alone is not enough, WFP warned.

"There is an urgent need to invest solidly in direct nutrition interventions to address the huge issue of child malnutrition," the agency stressed. "This includes investing in the health sector, increasing nutritional awareness, improving behavioural practices such as hand washing, breast feeding and water treatment, and providing access to proper sanitation facilities
to rural populations."
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FEATURE: GIVING A VOICE TO THE VICTIMS OF SEXUAL AND PHYSICAL VIOLENCE

For nearly two and a half years, Roselidah Ondeko has been at work in the eastern Democratic Republic of the Congo (DRC), helping local women find their voices to speak out about the epidemic of gender-based sexual and physical violence in the region.

Roselidah is employed by the UN Population Fund (UNFPA), and coordinates the programme on sexual violence in the provinces of North and South Kivu, which is financially supported by the Canadian International Development Agency (CIDA). She is based in Goma, North Kivu's provincial capital.

The eastern DRC, which faces ongoing conflict between rebels and the Congolese army, is notorious for the high rates of sexual and physical violence against civilians, especially women.

"At the beginning it was very difficult to listen to all these stories and to see what these women had been subjected to. I had to confront it with colleagues practising the same profession," Roselidah explains in an interview with the UN News Centre on the occasion of Humanitarian Day, which is marked today.

But Roselidah recalls that these female victims of sexual violence who have come to seek medical and psychological support have decided not to succumb. "When you look at what they endured, you see that they have not given in. They have hope," she says. Moreover, rather than speaking of victims, she prefers to use the word 'survivors.'

Roselidah cites the example of a woman who had been raped, then abandoned by her husband. Under the programme she was given a goat as a source of revenue. That was in 2007.

"In 2008, when I met her, she already had six more goats," Roselidah says. "She said she felt she had to continue, because if she let things go she didn't know who would take care of her children."

According to data collected by UNFPA the number of reported cases of sexual violence has grown between January and June in South Kivu compared to the same period of last year. That could be explained, according to the Roselidah, by the relative calm in certain areas of the province.

"The survivors can now have access to medical care and psychological services and health workers can reach areas that were previously inaccessible because of insecurity," she explains.

The perpetrators of sexual violence are in the majority men in uniform, whether soldiers of the Congolese army or fighters from the rebel groups. "We see more and more children affected" by this sexual violence, Roselidah adds.

Before she arrived in the DRC, Roselidah was posted in the Darfur region of western Sudan and Uganda. When she compares the current situation with that in Darfur for example, the UNFPA staffer notes that the people in the DRC speak more openly of the sexual violence that has been perpetrated.

"In Darfur, women are very frightened to speak of sexual violence, and the health workers who care for them do it in the greatest secrecy," for fear of reprisals, she notes.
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Human Rights Watch Weekly Digest

Israel: Investigate 'White Flag' Shootings of Gaza Civilians Internal Israeli Military Investigations Inadequate During Israel's recent Gaza offensive, Israeli soldiers unlawfully shot and killed 11 Palestinian civilians, including five women and four children, who were in groups waving white flags to convey their civilian status.

US: Students With Disabilities Face Corporal Punishment at Higher Rates ACLU and Human Rights Watch Seek Ban on Physical Discipline at School. Students with disabilities face corporal punishment in public schools at disproportionately high rates. The physical discipline, which often includes beatings, can worsen these students' medical conditions and undermine their education.

UN Security Council: Create Senior Post on Women and War. The UN Security Council should urgently establish a high-level post to fill a leadership gap relating to women and armed conflict. A special representative of the secretary-general assigned to this issue would be able to push for protection against sexual violence and to promote equal participation by women in peace talks.

Karzai has made an unthinkable deal to sell Afghan women out in return for the support of fundamentalists in the August 20 election. So much for any credentials he claimed as a moderate on women's issues.

Burma: Aung San Suu Kyi Verdict 'Reprehensible' This trial was a farce, a brutal distortion of the legal process. By silencing prominent opponents through bogus trials, the generals are clearly showing why the elections they have been touting for next year won't bring change.

DRC: Clinton Should Highlight Rape and Justice IssuesKillings and brutal sexual violence against women, girls and also men have massively increased in eastern Democratic Republic of Congo since the start of military operations in January 2009.

Russia: Ensure Independent Inquiry Into Activists' KillingsThis is a ghastly crime, and its authors must be brought to justice. These killings, less than a month after the murder of Natalia Estemirova, make it absolutely clear that anyone trying to help the people of Chechnya is in mortal danger.

Mexico: Calderon Denies Military Impunity. The claim by President Felipe Calderón of Mexico today that army abuse cases are effectively prosecuted in Mexico flies in the face of all available evidence.

UK/Iraq: UK War Inquiry Should Cover Rights Investigate Allegations of Serious Abuses Committed Against Civilians, DetaineesThe British Government's Inquiry into its Iraq War policies should include human rights abuses as part of its investigation.

Saudi Arabia: Counterterrorism Efforts Violate RightsIndefinite Detention, Inappropriate Reeducation, and Flawed Trials Saudi Arabia's response to terrorism for years has been to lock up thousands of suspects and throw away the key. The authorities made believe that religious counseling could replace trials, and now they are pretending that convictions after secret trials can legitimize continued detention.

ICC GRANTS TEMPORARY RELEASE FOR FORMER CONGOLESE LEADER FACING TRIAL

The International Criminal Court (ICC) today decided to grant the request of Jean-Pierre Bemba Gombo for a conditional release until the start of the former Congolese leader's trial for war crimes and crimes against humanity.

Mr. Bemba, the former vice-president of the Democratic Republic of the Congo (DRC), faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

"Today, 14 August 2009, Pre-Trial Chamber II of the International Criminal Court decided to grant the request of Jean-Pierre Bemba Gombo for interim release, albeit under conditions," the Court announced in a news release.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, added the Court, which is based in The Hague.

The ICC also announced that Prosecutor Luis Moreno-Ocampo will today appeal the decision to grant Mr. Bemba conditional release.

The Prosecution "considers that Mr. Bemba, who is still physically in detention in The Hague, should stay in prison. The Appeals Chamber will review whether the decision to release Mr. Bemba is correct."

"The judges of the ICC have confirmed that Mr. Bemba must stand trial to answer the very serious charges that have been brought against him" said Mr. Moreno-Ocampo. "Victims and witnesses can be confident that the trial will take place in the near future and that the Court will continue to guarantee their safety."

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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UNITED STATES VOWS SUPPORT FOR UN EFFORTS AGAINST SEXUAL VIOLENCE IN DR CONGO

The United States stands alongside the United Nations ready to face down the use of rape as a weapon of war in eastern Democratic Republic of the Congo (DRC), Secretary of State Hillary Clinton told a local UN-backed radio station during her visit to the strife-torn nation.

"Unfortunately, we have seen in the late 20th century and now in this century a terrible trend of using sexual and gender-based violence as a tool of war to intimidate and demoralize populations and to force them to flee their homes," Mrs. Clinton said in an interview with Radio Okapi.

She stressed that any bid to halt the scourge in the region has to "start with making sure that the military of the DRC does not engage in sexual and gender-based violence."

Mrs. Clinton also underscored in her interview with the radio station supported by the UN peacekeeping mission in DRC (MONUC) the importance of ending impunity for military offenders, as well as cutting off funds to militias operating in the area and resolving the region's underlying political tensions.

In his most recent report to the Security Council on sexual violence in armed conflict, Secretary-General Ban Ki-moon noted that at least 200,000 cases of such abuse had been recorded in eastern DRC since 1996.

"But sexual violence is a problem across the country as it is in many countries and there have to be stronger laws against domestic violence [and] against criminal rape that happens on the streets of Kinshasa or any other city," said Mrs. Clinton.

The Secretary of State called for robust prosecution, law enforcement and judiciary measures to "make it clear that this is unacceptable, that there is no excuse for it."

The human rights record of the Congolese Government is "in desperate need of improvement," she added.

"The United States, other countries as well as the United Nations stand ready to assist the Government in taking actions to both promote human rights and to punish violators of human rights and women's rights, but there needs to be much more action and greater commitment from the Government."

Mrs. Clinton is slated to meet victims of sexual violence when she visits a camp for displaced persons in the eastern province of North Kivu, where 400 cases of rape are currently registered every month, according to the UN High Commissioner for Refugees (UNHCR).
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BAN URGES LEADERS TO CONSOLIDATE PEACE IN AFRICA’S GREAT LAKES REGION

While tensions in Africa's Great Lakes region have eased in the past year, there are still serious issues to be dealt with, Secretary-General Ban Ki-moon said today, calling on leaders there to move quickly to carry out existing peace agreements.

Addressing the third summit of heads of State and government of the International Conference on the Great Lakes Region (ICGLR), taking place in the Zambian capital of Lusaka, Mr. Ban commended in particular the commitment of the leaders of the Democratic Republic of the Congo (DRC) and Rwanda to promote peace and stability in the region.

In a message delivered by his Special Envoy for the region, Olusegun Obasanjo, the Secretary-General welcomed last week's summit between the Presidents of the two countries, as well as the exchange of their ambassadors.

"This is no doubt a result of the collective efforts of the two countries and the region," he noted. "It is also an example of how the ICGLR can serve as an effective instrument for change."

He also highlighted the 23 March agreements between the DRC Government and armed groups in the eastern provinces of North and South Kivu, and appealed to all parties to pursue the full implementation of the accords.

In addition, he drew attention to the Pact on Security, Stability and Development in the Great Lakes Region, which he described as "one of the most far-reaching agreements that the region has ever seen."

Under the Pact, which entered into force in June 2008, countries of the region committed themselves to tackling the underlying causes of the many conflicts that have raged there in recent decades and to deal with key security, governance, development, humanitarian and social issues from a regional perspective.

"It is now crucial to move from commitment to implementation," the Secretary-General said, adding that this requires strong leadership.

At the same time, Mr. Ban said the region still faces "profound" security, humanitarian, developmental and environmental challenges.

"I urge you as members of the ICGLR to make full use of this unique mechanism to quickly consolidate peace. This is, of course, an essential ingredient to sustainable development," he stated.

The core members of the ICGLR are Angola, Burundi, the Central African Republic (CAR), DRC, Kenya, the Republic of Congo, Rwanda, Sudan, Tanzania, Uganda and Zambia.
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Aegis calls on Govt to adopt Parliament's recommendations on 'impunity gap' for genocide suspects in UK

In a report released today, the Parliamentary Joint Select Committee on Human Rights says inconsistencies in the way the UK applies international law have created an “impunity gap” for perpetrators of genocide, war crimes and crimes against humanity. It commends the Government's recent decision to amend to legislation to partially address the problem, but calls for it to close remaining loopholes in the law and to re-establish a specialist war crimes unit to investigate people in the UK who are suspected of such offences.

Under the law as it stands, no-one in the UK can be prosecuted for war crimes in internal armed conflicts, genocide or crimes against humanity committed before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

The Aegis Trust worked with MPs and Lord Carlile QC, Lord Falconer QC and Baroness D’Souza to prepare amendments to the Coroners and Criminal Justice Bill which would have closed these loopholes. Tabled in the House of Lords, they triggered the Government’s decision last month to extend jurisdiction of UK courts to prosecute international crimes as far back as 1991.

As the Committee points out, however, this only takes jurisdiction back to the date on which Crimes Against Humanity became recognised as crimes in international law. It argues for jurisdiction on genocide and war crimes in internal armed conflicts to be extended back to the dates on which they were recognised in international law (e.g. 1948 for genocide).

The Committee also supports Aegis’ call for replacement of the ‘residence’ test with a simple ‘presence’ test, so that anyone present on UK soil could be subject to jurisdiction on international crimes, not only those who are legally resident. This is the test used by other common law countries such as Canada, the US, New Zealand, South Africa.

“The Aegis Trust is delighted that the Joint Committee on Human Rights has adopted all of our recommendations for strengthening UK law in this area,” says Aegis’ Head of Campaigns Nick Donovan, whose evidence is quoted in the Committee’s report. “We too commend the Government for the bold progress made last month, and call on it to finish the job by closing remaining legal loopholes which benefit suspected war criminals in the UK.”

In June Aegis published a report that brought together, for the first time, details of people entering the UK who are suspected of international crimes. The report examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

The Joint Committee’s report comes at a time when the workload of the UK Border Agency’s war crimes team is increasing. Several weeks ago, the Government revealed that in the first six months of 2009, recommendations of immigration status refusal following investigation were up four-fold on the preceding four years. Since 2004, there have been 421 cases where immigration action was recommended and 30 cases where the matter was referred was made to the police. How many of these people are currently at large in the UK is unclear.

BAN WELCOMES SUMMIT BETWEEN LEADERS OF DR CONGO AND RWANDA

Secretary-General Ban Ki-moon has welcomed yesterday's summit between the leaders of the Democratic Republic of the Congo (DRC) and Rwanda, the first official bilateral meeting since the neighbouring African nations broke off official ties more than one decade ago.

DRC President Joseph Kabila and Rwandan President Paul Kagame met in the city of Goma, in eastern DRC, in their first direct talks since 1996.

"The Secretary-General commends both leaders' commitment to promote peace and stability in the Great Lakes region," according to a statement issued by his spokesperson.

He also praised the joint military offensive launched early this year against the "destabilizing and threatening presence" in eastern DRC of the notorious ethnic Hutu militia known as the Democratic Liberation Forces of Rwanda (FDLR), which continues to perpetrate widespread killings and rapes of Congolese civilians.

In today's statement, Mr. Ban said he is encouraged by the two presidents' pledge to consolidate their relationship's renewal through future meetings in the capitals of their respective countries.

"Security and development go hand in hand, and the Secretary-General hopes that the normalization of the relations between the DRC and Rwanda will contribute to the well-being of the people of both countries."

Civilians are bearing the brunt of attempts to dismantle armed groups in the eastern Democratic Republic of the Congo (DRC), with the rebels carrying out vicious reprisals and some Government soldiers committing serious human rights abuses, the senior United Nations official to the country told the Security Council last month.

"We take these concerns very seriously and have addressed them with the Government at various levels," said Alan Doss, the Secretary-General's Special Representative and head of the UN mission in the DRC (MONUC).

He told the Council of the deployment of more MONUC resources and personnel to the affected provinces, such as North Kivu, continuing efforts to combat sexual and gender-based violence, and increased pressure on the Government to take action against undisciplined soldiers.

MONUC has set up nearly three dozen military bases in the embattled North Kivu province, many in remote areas where operations are ongoing against the FDLR. "These bases have allowed for close monitoring of the operations and rapid intervention in a number of instances."

But Mr. Doss warned that the Mission's resources are being stretched thin as it waits for reinforcements to arrive following the Security Council's recent authorization of additional troops to deal with the strife in the DRC's east.

The FDLR has been retaliating against civilians and attacking villages in North Kivu, committing rape and other human rights abuses which have forced hundreds of thousands of people from their homes, according to reports from the UN High Commissioner for Refugees (UNHCR).

The group has been operating in eastern DRC since the end of the 1994 Rwandan genocide that left around 800,000 Tutsis and moderate Hutus dead.
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BAN CALLS FOR INDEPENDENT INQUIRY INTO USE OF RAPE AS WEAPON IN AFRICAN WARS

Warning that rape is being used as a weapon of war with the same efficient brutality as a gun or a grenade, Secretary-General Ban Ki-moon today called on the Security Council to set up an independent commission of inquiry into such abuses in the conflicts in Chad, the Democratic Republic of the Congo (DRC) and Sudan.

Such a panel, supported by the Office of the UN High Commissioner for Human Rights, should recommend to the Council "the most effective mechanisms to ensure accountability for these egregious crimes," he told the 15-member body at the start of a day-long debate on women and peace and security.

"Despite some progress over two decades, the deliberate targeting of civilians through acts of sexual violence continues on a widespread and systematic basis," Mr. Ban declared, also citing abuses perpetrated by the rebel Ugandan Lord's Resistance Army (LRA) in Sudan, Central African Republic, Uganda and the DRC.

"Parties to armed conflict continue to use sexual violence with efficient brutality. Like a grenade or a gun, sexual violence is part of their arsenal to pursue military, political, social and economic aims. The perpetrators generally operate with impunity."

The session, in which 45 Member States are scheduled to speak, follows a report to the Council on the issue last month in which Mr. Ban called on States to strengthen prevention and protection measures against the crime.

Today he recalled his meetings with victims of sexual violence. "I am haunted by their testimony, and I will not relent in calling on States and non-State parties to prevent these terrible crimes," he said, adding that such abuse hurts recovery and peacebuilding in countries such as Burundi, Liberia, and Sierra Leone, where the fighting may have ended but sexual violence persists on a very serious scale.

He said the UN needed to fashion a multi-sectoral response to the scourge, address the issue from planning to implementation of its mandates, create a UN institution to advance gender equality and women's human rights, and improve monitoring and investigation to overcome the hurdles faced in reporting on sexual violence.

"I am also in discussions with UN System partners on appointing a new senior system-wide official to address sexual violence," he added.

"Victims of sexual violence are among the world's most vulnerable and traumatized people. For the sake of these innocent women and men, their families and their societies, we must come together and act. That will help victims and war-torn countries and set our world on a course for a better future," he concluded.
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THOUSANDS OF CONGOLESE DISPLACED IN LATEST ATTACKS BY UGANDAN REBEL GROUP – UN

Some 12,500 people in eastern Democratic Republic of the Congo (DRC) have been uprooted from their homes in the past month by attacks by the Ugandan rebel Lord's Resistance Army (LRA), the United Nations refugee agency reported today.

"The humanitarian situation in this remote part of the DRC remains dramatic," Andrej Mahecic, spokesperson for the UN High Commissioner for Refugees (UNHCR), told reporters in Geneva.

He said that last month the LRA launched an "unprecedented" 55 attacks against civilians in the Faradje area in north-eastern Orientale province. Villages in the Dungu district of Haut-Uele province were also targeted.

According to the agency, 1,273 people have been killed by the LRA since September 2007 and 655 children and 1,427 adults have been abducted.

Internally displaced persons (IDPs) tell UNHCR that many women have been raped by the rebels and their households looted and torched. More than 226,000 people have been displaced in Haut-Uele alone and another 42,000 in Bas-Uele, according to UN estimates.

"Most of the IDPs are unable to return home because of the ongoing assaults," said Mr. Mahecic. "They sleep in public buildings such as schools and churches. Some have been able to find shelter with friends, relatives or host families willing to share their meagre food stocks.

"According to our local partners, regular medical supplies are low, hospitals lack basic equipment and drinking water is in chronically short supply," he added.

While UNHCR and other aid agencies have been able to reach some 45 per cent of the displaced and provide basic assistance such as food, blankets, sleeping mats and cooking sets, the agency said that insecurity is preventing larger scale deliveries of humanitarian assistance.

"Ongoing insecurity and poor, impassable roads remain the main obstacles to our work. Some of the areas where the IDPs have gathered are accessible only by air," Mr. Mahecic noted.

UNHCR also reported that the recent displacement is spilling over into neighbouring Sudan. Out of 21,000 refugees in South Sudan, 16,500 arrived since last November from Orientale province, most of them fleeing LRA attacks in Faradje.
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MILITARY CHIEFS OF UN PEACEKEEPING FORCES IN AFRICA CALL FOR MORE TROOPS, EQUIPMENT

The military chiefs of the United Nations' largest and most complex peacekeeping operations urged Member States today to provide the troops and equipment necessary to carry out their missions in the war-ravaged regions of Darfur in western Sudan and eastern Democratic Republic of the Congo (DRC).

"We have had a challenging time to meet all our mandated tasks because of the issue of deployment and lack of capabilities," General Martin Luther Agwai, Force Commander of the joint African Union-UN mission in Darfur (UNAMID), told reporters in New York.

The Security Council authorized the deployment of UNAMID to quell fighting and protect civilians in Darfur, where an estimated 300,000 people have been killed and some 2.7 million others forced from their homes since fighting erupted in 2003, pitting Government forces and allied Janjaweed militiamen against rebel groups.

UNAMID has stabilized the situation in Darfur, despite having less than 70 per cent of the authorized number of troops under the 2007 Security Council resolution setting up the force, said Gen. Agwai.

In addition, "we have been able to be one of the best sources of authenticated information of what is happening in Darfur," he said. "We have come a long way, but there are still a lot of challenges, no doubt about it."

At current strength UNAMID is unable to provide full-time security to all of the makeshift camps sheltering the millions of people who have fled the violence engulfing the region over the years.

"We have not been able to have a 24/7 protection coverage in most of the IDP [internally displaced persons] camps," said Gen. Agwai. "We have prioritized the most vulnerable and volatile camps."

He noted that some of the IDP camps have 90,000 to 100,000 people taking refuge in tents and makeshift shelters.

"The bigger the camps the more volatile and problematic they are and those are the ones with a 24/7 UNAMID presence," he said, including patrols that protect women when out collecting firewood.

With full deployment the mission would be more mobile and have a further reach, "instead of [looking like] very small ink spots on blotting paper. [We currently have] 32 spots, but we're beginning to expand and spread."

Gen. Agwai expected 92 per cent deployment by the end of the year, but stressed that there is little "point having boots without capabilities. Ethiopia has now pledged five [attack] helicopters to the mission … [but] to the best of my knowledge nobody has pledged one utility helicopter to the mission."

As a sign of UNAMID contributing to an increasing sense of security in the region, Gen. Agwai said that the incidence of rapes and assaults has been cut. "The number of people dying because of the crisis is down. The figure is now ranging from about 120 to 150 deaths in a month and not hundreds or thousands in a month as in the past."

The UN peacekeeping mission in DRC, known as MONUC, is effectively engaged in three separate military operations, said the operations Force Commander, Lieutenant-General Babacar Gaye.

MONUC is supporting the Congolese army (FARDC) in an offensive against the notorious Ugandan rebel militia, the Lord's Resistance Army (LRA) on one front; a group of remnant armed groups in Ituri province in northeastern DRC; and a Rwandan rebel force, known as the FDLR, in North and South Kivu.

"Our mission is so far the largest peacekeeping mission deployed around the world and we are facing all the challenges that peacekeeping have to face today," Lt.-Gen. Gaye told the press briefing. "This means the use of force, the protection of civilians and so on and so forth."

The latest bout of fighting between DRC troops and the rebel FDLR (Democratic Forces for the Liberation of Rwanda) and their local allies uprooted a further 35,000 people in South Kivu last month, bringing the total displaced there since January to 536,000, according to the UN High Commissioner for Refugees (UNHCR). More than 1.8 million people are now internally displaced in the DRC's east.

Lt.-Gen. Gaye stressed the drastic need for extra troops on the ground to implement MONUC's protection mandate. "Everything is on track but unfortunately the first boots are still expected."

He said that MONUC is slated to soon receive a Bangladeshi battalion, an Egyptian battalion, a Jordanian special force company, an Egyptian special force company and a Bangladeshi engineer company.

"Unfortunately, we are yet to have the 18 helicopters that have been authorized by the [Security] Council," he added.
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Clinton in Congo: ActionAid calls for end to violence against women and girls in Congo

"We call on Secretary Clinton to lead the US response to end violence against women and girls particularly in the light of her involvement as a co-sponsor of the International Violence Against Women Act (IVAWA) in the last session of Congress," said Bibiane Mbaye, ActionAid’s Policy Coordinator in West and Central Africa.

Over 600 civilians have been killed in the country, thousands of women and girls raped, dozens of villages burned to the ground and over 800,000 people displaced from their homes since the start of military operations in January.

"Women and girls have been bearing the brunt of this war for close to fifteen years. The culture of impunity in the face of gross violations against the rights of women and girls must end," said Mbaye.

It is estimated that close to 80,000 people were displaced from their homes in June alone and the exodus continues. In such situations, women and girls are at increased risk of violence and HIV/AIDS.

"We call on the US to fulfil their commitments to resource and implement a comprehensive approach to ending the violence," said Alpha Sankoh, ActionAid’s country programme manager in DRC.

"Ongoing fighting in the east of the country has put women and girls in a precarious position as increasingly many of them are raped when trying to escape and this must end," he added.

GREATER EFFORTS NEEDED TO END DISPLACEMENT IN NORTHERN UGANDA, SAYS UN EXPERT

Stepped up efforts are needed to ensure that the last of the people uprooted by the long-running conflict between the Government and a notorious group in northern Uganda are able to return to their homes, a United Nations independent expert said today.

Wrapping up a week-long visit to the Great Lakes nation, Walter Kaelin, the Secretary-General's Representative on the human rights of internally displaced persons (IDPs), said that he is "impressed" by progress made in tackling the displacement situation in the country's north, where nearly 80 per cent of the uprooted have returned to their villages.

He voiced his appreciation for the Government's actions in allowing the IDPs to find durable solutions, welcoming progress made in restoring security and freedom of movement in northern Uganda, which has seen two decades of fighting between the Government and the Lord's Resistance Army (LRA).

But Mr. Kaelin noted that "serious challenges remain for those remaining in camps to freely opt for return, local integration or settlement elsewhere as provided for by the Ugandan National IDP Policy and to ensure the sustainability of returns or other durable solutions.

Also impeding sustainable returns are the lack of water, food, health and education services, as well as land and property disputes, in areas of return, he added.

In spite of the Government's efforts, the Representative said that the low impact of recovery and development activities in the north, especially the setting up of basic services in return areas, threatens stability and the durability of peace.

He called on national and local authorities to implement the Peace, Recovery and Development Plan for northern Uganda, calling on the international community to support recovery efforts.

"The implementation of recovery projects and support for solving land conflicts would go a long way in restoring economic, social and cultural rights of those who have been deprived of their human rights for so long," Mr. Kaelin said in a press release issued in the capital, Kampala.

Food insecurity is another cause for concern, especially among elderly people and orphans, he noted, urging authorities and their development partners to increase investment in guaranteeing the right to food.

Earlier this week, the outgoing UN envoy for the conflict in northern Uganda today stressed the need for a two-pronged strategy of pursuing negotiation as well as military action against the LRA.

In his last briefing to the Security Council as the Secretary-General's Special Envoy for the LRA-affected areas, Joaquim Chissano spoke about the state of the Juba peace agreements – originally signed in Sudan in February 2008 and set to take effect after the signing of a final overall peace accord – involving the LRA and the Ugandan Government.

Countries in the region, such as the Democratic Republic of the Congo (DRC), have joined forces with Uganda to militarily root out the LRA, following the failure by the group's leader, Joseph Kony, to sign the final peace pact which would end two decades of fighting.

Those operations, which display a new determination by countries to collectively deal with t

he dangers posed by the LRA, had both uprooted and disrupted the group, Mr. Chissano, the former president of Mozambique, told the 15-member Council in a closed meeting.
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