"Fiat Justitia Ruat Caelum"

RWANDA: Ingabire sentenced to eight years in prison

By Edwin Musoni


The High Court yesterday sentenced Victoire Ingabire to eight years in jail after finding her guilty of terrorism charges, endangering state security and denying the 1994 Genocide against the Tutsi.

“She has been sentenced to eight years for all the crimes that she was found guilty of,” judge Alice Rulisa told court.

The judge, however, cleared Ingabire on charges of promoting genocide ideology, saying all the statements Ingabire made did not indicate that she was calling for genocide.

The courtroom was filled to capacity, with speakers mounted outside the courtroom to enable those outside to follow the proceedings.

Ingabire is the leader of a yet-to-be registered political party, FDU-Inkingi.

The judge said Ingabire was found guilty of the “crime of conspiracy to harm authorities through terrorism and war” as well as denial of Rwanda’s 1994 Genocide against the Tutsi.

“Another reason the court based on to reduce her sentence is because the crimes she committed were still in the planning phase and did not cause any major impact,” said Judge Rulisa.

The court also acquitted Ingabire of inciting the public against the leadership as well crimes of ethnic divisionism and discrimination.

Ingabire was not present in court. She had reportedly instructed her lawyers not to attend the proceedings. However, her British lawyer, Iain Edwards, made a surprise appearance at the court although he claimed he was not there to represent Ingabire.

Following the ruling, Edwards said he was going to appeal.

Ingabire was arrested in 2010 and so far she has served a quarter of her sentence which entitles her to apply for parole if none of the parties involved in the case appeals.

Prosecutor Alain Mukuralinda could neither confirm nor deny if the prosecution would  appeal.

“Reading the verdict took three hours, we need to first review it and find out if there is indeed something tangible that we could base on to appeal,” said Mukuralinda.

Meanwhile, Ingabire’s four co-accused were also sentenced yesterday, but handed lighter sentences.

Judge Rulisa said the court was lenient because the quartet pleaded guilty, cooperated with the court and that they were all first-time offenders.

“The court found Jean Marie Vianney Karuta guilty of conspiracy to harm authorities through terrorism and war, he is sentenced to two years and seven months. The Court also found Tharcisse Nditurende and Habiyaremye guilty of operating in a terrorist group and crimes of conspiracy to harmg authorities through terrorism and war, they are sentenced to three years and six months each,” read the verdict.

The fourth co-accused, Vital Uwimuremyi, was found guilty of “crime of conspiracy to harm authorities through terrorism and war  and complicity in the act of terrorism” and sentenced him to four years and six month of which he will spend the last year out of jail on probation.

Married and a mother of three, Ingabire, 44, returned to Rwanda in October 2010 with an intention to run for the Presidency but failed after her political party was barred from registering on grounds of not fulfilling all requirements. 

During the trial, prosecutors gave evidence of Ingabire’s alleged terrorist activities, including proof of financial transfers to the Democratic Forces for the Liberation of Rwanda (FDLR) rebels based in neighbouring Democratic Republic of Congo, whose members are largely responsible for the Genocide.

Reactions

Jean de Dieu Mucyo, Executive Secretary of the National Commission for the Fight against Genocide.

The most important thing is that she was found guilty of particular charges; that is the major achievement for every friend of the judiciary. Regarding the sentence, I personally believe in the Rwandan Judiciary, definitely the judges sat and made their own analysis, they concluded by giving her eight years.

Prof. Peter Rwankindo, Director of Institute of Research and Dialogue for Peace;

I followed this case thoroughly right from the time it began; honestly speaking this case is a clear proof of the independence of the Rwandan Judiciary. For example, if you follow some of the statements that Ingabire’s defense counsel was using during the trial, you would easily conclude that they were so daring but the court didn’t use that against them.

The lenience in the sentence is another proof of the independence of the Rwandan Judicially. In a situation where the charges against her amounted to a life sentence, the judges instead considered that Ingabire might reform and be integrated in the community.

Source: New Times (31/10/2012): http://www.newtimes.co.rw/news/index.php?i=15162&a=60157

Zanzibar launches campaign against child labour

Written by ISSA YUSSUF in Zanzibar


PARENTS and guardians in Zanzibar have been asked to work closely with teachers in fighting hazardous child labour.

The call was made here by Ms Halima Tawakal, an official with the Zanzibar Ministry of Education and Vocational Training, Department of Alternative and Adult Education, at a meeting with parents to try to address the child labour in the Isles.

She asked parents and teachers to make sure children attend school and stop indulging in labour which exposes them to hazardous work. According to the International Labour Organisation (ILO) and WHO, hazardous work is the worst form of labour that endangers the child’s physical, mental or psychological well-being.

The list harzadous labour include plantation work, breaking stones, and fishing. Tanzania Media Women Association (TAMWA) is implementing a project to rescue children from labour and send them back to school.

The project is being implemented in South Unguja Region, under the sponsorship of the European Union (EU) and managed by the Ministry of Labour and Cooperative Economic Empowerment and Conservation Agency Child (Save The Children).

Source: Daily News (31/10/2012): http://www.dailynews.co.tz/index.php/local-news/11050-zanzibar-launches-campaign-against-child-labour

TANZANIA: SSRA withdraws public notice on benefits

BY DICKSON NG`HILY


The Social Security Regulatory Authority (SSRA) has withdrawn its public notice issued in August this year to various media concerning withdrawal of terminal benefits.

A statement availed to the media in Dodoma said the authority’s decision was in line with the government action to continue to implement a parliamentary resolution passed in its fourth session which among other things discussed social security matters as per the Social Security Laws (Amendments) Act No. 5 of 2012.

In July Members of Parliament expressed their fury on the April amendments to the Social Security Laws (Amendments) Bill, 2012 denying members of various pension funds to claim their contributions until they reach the retirement age.

The amendments by the House in April provide that a member can seek benefits only upon attaining the voluntary retirement at 55, contrary to the previous Act which allowed workers not yet 55 and out of formal employment to apply for withdrawal.

The same Act also allowed members who are below 50, to wait for six months, in view of getting another job, before they are eligible to seek premature withdrawal benefits.

The amendments sparked furore with workers and trade unions when they were passed into law.
After the trade unions came up against the Act, the lawmakers said they had ‘overlooked’ the specific provision.

Seleman Jafo (Kisarawe, CCM) tabling a private motion asked the House to order the government to review the bill.

Labour and Employment minister Gaudensia Kabaka then promised the House that an amendment bill would be tabled in this November meeting.

However, the bill to be tabled in the House is seen to be targeting only members of Parastatal Pension Fund (PPF) skipping those from other funds.

SOURCE: THE GUARDIAN (31/10/2012): http://www.ippmedia.com/frontend/index.php?l=47498

UGANDA: Speaker Kadaga promises to revive shelved gay Bill

By Isaac Imaka


Entebbe, Uganda.

Days after her defence against a Canadian minister’s attacks on Uganda over homosexuality, Speaker of Parliament Rebecca Kadaga has promised to expedite the debate on the Anti-Homosexuality Bill.

Ms Kadaga made the assurance while addressing religious leaders and journalists at Entebbe International Airport on Monday. “They said I should stop the debate on the Anti-Homosexuality Bill but I assured them there is no way I can block a private members Bill,” she said.

At the Inter-Parliamentary Union meeting in Quebec, Canada, Ms Kadaga was involved in an altercation with that country’s Foreign Affairs minister, Mr John Baird, after the latter accused Uganda of trampling on human rights.

The accusation saw Ms Kadaga tell the minister to stick to the day’s theme and respect Uganda’s sovereignty. “I will not accept to be intimidated or directed by any government in the world on matters of homosexuality,” she said, adding that she was not aware she was speaking for many people in the world, some of whom were in the conference.

“I was surprised when colleagues came and thanked me saying that’s what they have always wanted to say but they had never gotten the courage to. That when it came to me that I had spoken for the whole of Africa, for the Arab world and Asians,” she said.

The welcome ceremony and press briefing was organised by religious leaders, former Ethics and Integrity Minister Nsaba Buturo and the mover of the Bill, Mr David Bahati, all of whom are pushing for the enactment of the anti-homosexuality Bill.

A large procession comprising members of different Pentecostal churches, Makerere University students and boda boda cyclists camped at the airport from 10am to after midnight when Ms Kadaga emerged to greet them as they ululated and waved placards appreciating her boldness in Canada.

“You are our saviour, we want the bill now,” one of the placards read.
Pastor Michael Were, who spoke on behalf of the religious leaders, called on other national leaders to follow Ms Kadaga’s footsteps for the sake of the country’s culture and traditions.

Asked whether she was not mindful of Uganda being denied aid and her being denied entry visas to pro-gay countries, Ms Kadaga said such countries were welcome to keep their aid and visas.

Source: Daily Monitor (31/10/2012): http://www.monitor.co.ug/News/National/Speaker+Kadaga+promises+to+revive+shelved+gay+Bill/-/688334/1607470/-/r2faku/-/index.html

KENYA: Vetting Board to appeal ruling at Supreme Court


Judges and Magistrates Vetting Board on Wednesday said they will appeal directly to Supreme Court on ruling by High Court that bars sacking of judges found unfit to serve the judiciary. Read (LSK fury as courts bar judges' sacking)

The Board said they were disappointed with the High Court ruling that stopped degazettement of five judges.

On Tuesday, a unanimous decision by a five judge bench by a five judge bench comprising of Jonathan Havelock, Eric Ogolla, Pauline Nyamweya, Alfred Mabeya and Joseph Mutava, they ruled that the president should not degazette Justices Riaga Omollo, Samuel Bosire, Joseph Nyamu and Emmanuel O’Kubasu as judges of the Court of Appeal until their petitions challenging the findings on their suitability are heard and determined.

“Regarding Judges whose vetting process has already been determined, we recognise that they would suffer irreparable loss and damage should their degazettement as judges be effected before the suits are heard and determined. We therefore order that the affected judges shall not be de-gazetted until the cases are finalized,” ruled the judges.

High Court also noted that it has jurisdiction over the operations of the Board.

Source: Daily Nation (31/10/2012): http://www.nation.co.ke/News/Vetting+Board+to+appeal+ruling+at+Supreme+Court/-/1056/1607746/-/6o8a9l/-/index.html

Europe rights court rules against Poland in abortion rape case

Jerry Votava at 2:30 PM ET


[JURIST] The European Court of Human Rights (ECHR) [official website] on Tuesday condemned [judgment, PDF; press release] Poland's treatment of a 14-year-old rape victim who sought an abortion. The victim initially faced charges of unlawful intercourse by the Polish criminal justice system. The ECHR articulated four violations of the European Convention on Human Rights [text, PDF]. The ECHR found two violations of Article 8's right to respect for private life when the girl was hindered in her attempts to obtain an abortion, and when one of the hospitals released details of her case to the media including her personal information. Further, the court found a violation of Article 5's right to liberty when she was placed into a juvenile home to separate her from parents who ostensibly advocated for the abortion. Finally, the ECHR found a violation of Article 3's prohibition against degrading treatment when she was forced to speak with a priest, when her mother was forced to sign a consent form stating that her daughter may die during the procedure, and when she was targeted for unlawful intercourse. The ECHR awarded money damages to the victim from the government of Poland.

Last year the ECHR ruled [JURIST report] that a Polish woman who had been denied genetic testing and an abortion was subjected to "inhuman treatment." The court found violations of Article 3 and Article 8. In 2010 the ECHR ruled [JURIST report] that Ireland failed to provide "effective and accessible procedures" to allow a Lithuanian women to assert her constitutional right to a lawful abortion. In 2007 Polish Prime Minister Jaroslaw Kaczynski declared that Poland planned to appeal a ruling [JURIST reports] by the ECHR that found Poland in violation of Article 8 for prohibiting a pregnant woman who had a serious risk of vision loss if she carried the pregnancy to term from obtaining an abortion. The ECHR later rejected this appeal [JURIST report], reinforcing that the Polish government did not provide any procedural framework to resolve a dispute concerning whether a medical exception should be granted, or to facilitate "effective mechanisms capable of determining whether the conditions for obtaining a lawful abortion had been met." JURIST guest columnist Gerolf Hagens has analyzed [JURIST comment] the ECHR's rulings on abortion.

Source: JURIST (30/10/2012): http://jurist.org/paperchase/2012/10/europe-rights-court-rules-against-poland-in-abortion-rape-case.php

NIGERIA: Osezua Osolase jailed for 'juju' rituals trafficker


A man who carried out "juju" witchcraft on teenage girls he trafficked from Nigeria to Europe for prostitution has been jailed for 20 years.

Osezua Osolase, 42, from Gravesend, Kent preyed on poverty-stricken orphans with the promise of a better life, Canterbury Crown Court heard.

Judge Adele Williams told him he was devoid of conscience and compassion.

Osolase was found guilty of five counts of trafficking, one of rape and one of sexual activity with a child.

The jury was told in a six-week trial which ended on Friday that West African "juju rituals" were used to instil terror into Osolase's three vulnerable victims, one aged just 14.

'Exploitation and degradation'

The judge said the recycling worker, who has HIV, put his victims "in fear" to force their obedience and secure their silence.

"You were dealing in exploitation and manipulation and degradation," she told Osolase.

"You are undoubtedly a very, very dishonest man. You are arrogant and manipulative, you are devoid of conscience, devoid of any compassion to your victims."

The judge said Osolase treated the girls as objects to be sold as sex slaves. The fact that he raped one girl knowing he had HIV was a "seriously aggravating" feature.


It was recommended that Osolase be deported once he has served his sentence.

The court had heard girls were trafficked into the UK and taken to Osolase's home in Gravesend before being sent to work as prostitutes in mainland Europe.

One of the girls described the Juju ceremony performed on her in Nigeria. During the ritual, samples of blood were extracted from the girl and her head hair and pubic hair were also cut.

She was then told to swear an oath of silence.

Osolase was stopped at Stansted airport in April 2011 attempting to board a plane.

Anthony Orchard QC, defending, said Osolase disclosed that he had HIV voluntarily to police.

"Mr Osolase acknowledges and regrets the consequences of his actions in relation to taking the girls out of the UK, and he has to bear the consequences of those actions," Mr Orchard told the court.

Source: BBC (29/10/2012): http://www.bbc.co.uk/news/uk-england-20125115

KENYA: Call to repeal laws against people who infect others for discouraging HIV test

By MIKE MWANIKI


Laws that criminalise infecting sex partners with Aids are discouraging people from going for HIV tests, a symposium in Nairobi heard.

The inaugural national symposium on HIV, Law and Human Rights opened on Tuesday in Nairobi with calls on the Government to repeal the law which criminalises infecting a person who did not have the virus.

HIV Equity Tribunal chairman Ambrose Rachier termed the Aids Control Act (Section 24) “counter-productive”, saying it will make people shun HIV testing.

“The law should be expurged, since it criminalises anybody ... infects another person...,” Mr Rachier, also a prominent Nairobi lawyer, said.

According to the law, Mr Rachier said those who wilfully infected others with HIV faced “stiff penalties” of up to seven years in jail.

The tribunal was established under the HIV and Aids Prevention Control Act to deal with complaints revolving around discrimination based on HIV status. Mr Rachier said his tribunal had so far received 16 cases, out of which six had been settled while the rest were ongoing.

“A majority of the cases the tribunal is hearing are work-related,” the chairman said.

The two-day meeting, whose theme is “Promote, Protect and Fulfil Human Rights” assembles about 300 participants drawn from the private and public sectors, and is taking place at Crowne Plaza Hotel in Nairobi.

They include lawyers, doctors, people living with Aids and civil society officials.

Speaking during the opening of the symposium, Special Programmes minister Esther Murugi said Kenya was ranked fourth among countries with the highest number of people living with HIV and Aids —1.5 million — after South Africa (5.6 million), Nigeria (3.3 million) and India (2.6 million).

“HIV flourishes in environments where human rights are abused... Infection with HIV on the other hand, has attracted one of the highest levels of stigma ever witnessed in respect of any infectious disease and this has in turn led to human rights abuses of those infected and affected at all levels, including the family, community, workplace, healthcare facilities, education sector, insurance sector and within religious organisations, among others.”

In a speech read by Permanent Secretary Andrew Monda, the minister said the symposium’s theme was a “wake-up call” to all of us to develop a road map for human rights in HIV and Aids while working towards a society free from any form of human rights violation in relation to HIV.

The United Nations Development Programme country director Maria-Threase Keating, while highlighting the Global Commission on HIV and the Law report, said that in more than 60 countries — including Kenya — it was a crime to expose another person to or transmit HIV.

“These laws and practises discourage people from seeking HIV test and disclosing their status.”

Ms Keating added: “Laws and policies that deny young people access to sex education and reproductive and HIV services only serve to help spread Aids...

“At the same time, excessive intellectual property protection that hinder the production of low-cost medicines, especially second-generation treatments, impede access to treatment and prevention.”

She said that where the police cooperated with community workers, condom use increased and violence and HIV infection among sex workers decreased.

“Ultimately, effective legal aid can make justice and equality a reality for people living with HIV, and this could contribute to better health outcomes,” Ms Keating added.

Compromising former heads of state and leading legal, human rights and HIV experts, the commission’s aim is to increase the understanding of the impact of the legal environment on national HIV responses. It further aims at focusing on how laws and law enforcement can support, rather than block, effective HIV response.

In Kenya, the commission is represented by Prof Miriam Were, the former chairperson of the National Aids Control Council.
To ensure an effective, sustainable response to HIV that is consistent with human rights obligations, Ms Keating said the commission calls for Governments, civil society and international bodies to outlaw all forms of discrimination and violence directed against those who are vulnerable to, or living with HIV.

“They should also repeal punitive laws and enact laws that facilitate and enable effective responses to HIV prevention, care and treatment services for all those who need them...

“They should also work with guardians of customary and religious law to promote traditions and religious practice and acceptance of diversity.”

Ms Keating said they should also abolish mandatory HIV-related registration, testing and forced treatment regimens. Access to sexual and reproductive health services, stopping forced abortion as well as ending coerced sterilization of HIV positive women should be encouraged.

“They should also enforce a legal framework that ensures social protection for children living with and affected by HIV and Aids...

“Laws must protect guardianship, property and inheritance rights and access to age-appropriate comprehensive sex education, health and reproductive services.”

Ms Keating added: “The law alone cannot stop Aids... Nor can the law alone be blamed when HIV responses are inadequate.
“However, the legal environment can play a powerful role in the well-being of people living with HIV and those vulnerable to HIV. Good laws, fully resourced and rigorously enforced, can widen access to prevention and health care services, improve the quality of treatment, enhance social support and protect human rights..”

The government wants all HIV-positive expectant women given priority access to anti-retroviral drugs to avert infections in infants. This is part of a new campaign that is ultimately aimed at wiping out Aids in the country.

On Tuesday, Medical Services minister Prof Anyang Nyongo said his ministry had declared an all-out war against Aids.

“It is possible to turn the tide against this epidemic,” said Prof Nyong’o in a speech read on his behalf by Dr Francis Kimani, the Director of Medical Services.

The forum also witnessed the launch of a declaration, requiring all Kenyans to pursue all efforts to end the epidemic that last year claimed the lives of at least 62,000 people.

According to government statistics, new HIV infections among children last year stood at 13,000 as opposed to 91,000 among adults.

HIV is still a big challenge in Kenya several years down the line. It is apparent now that the fight against the disease must be multifaceted and comprehensive, said the minister.

In the declaration, the government wants all Kenyans to know their HIV status to enable them receive the treatment and care they require and that access to anti-retroviral treatment be expanded.

It also wants an end to stigma, discrimination and human rights abuses against people living with HIV and those at risk.

Those with Tuberculosis, it adds, should be immediately treated.


Source: Daily Nation (31/10/2012): http://www.nation.co.ke/News/Repeal+laws+against+people+who+infect+others/-/1056/1607656/-/y8kdvqz/-/index.html

EAST AFRICA: Regional Attorney Generals call for harmonisation of laws

By Eric Kabeera


Attorney Generals of the East African Community (EAC) member states have called for harmonisation of laws in member states to help achieve the integration process. 

The officials made the call during the fourteenth sectoral council on legal and judicial affairs in Kigali.

They stressed that it was imperative for partner states to have similar laws.

“Our wish is to have a political federation, however, in order for us to get there, we must make sure that the legal and intuitional support for that ultimate goal is in place as we move along,” Prof Githu Muigai, the Kenyan Attorney General who is also the chairperson of the council, said.

He added that though member countries were making tremendous progress in synchronising laws, there was still a need to fast track harmonisation for the citizen to benefit from the integration.

In Rwanda, some laws like the new immigration law and labour have been synchronised and more are being revised to align them to suit the integration agenda as stipulated in the EAC treaty.

The Minister of Justice and Attorney General, Tharcisse Karugarama, observed that the Council was optimistic about the alignment of laws, adding that the trade laws that were harmonised had yielded significant achievements.

“Laws concerning trade have been harmonised because you can’t trade if the laws are not harmonised. We have a higher level committee of this council that deals with harmonisation of laws and it’s a continuous process and as we continue to further the integration we shall have to harmonise all the laws”

However, while partner states are coordinating their laws, more legislations are still different. For example in some countries, trading in illicit liquor, locally known as Kanyanga, is legal while in other states it’s against the law.

Apparently, only Rwanda and Kenya have already identified the laws and started harmonising them as stipulated by the treaty.

“We try to make sure that our local laws are in harmony with the laws in EAC”, Uganda’s Attorney General, Peter Nyombi, pointed out.

During their meeting, the council approved various protocols, including the legal content of the draft EAC protocol on peace and security, sanitary and phytosanitary measures, information and communication technology networks.

The Sectoral Council cleared the legal content of the East African Community One Stop Border Post Bill, 2012 and the East African Community Vehicle Load Control Bill, 2012 for introduction in the East African Legislative Assembly by the Council of Ministers later this year.

The Council delayed the finalisation of legal input into the East African Community Anti-Counterfeit Bill, 2012 pending further policy guidance from the EAC Sectoral Council on Trade, Industry, Finance and Investment.

It also deferred consideration of matters relating to the jurisdiction of the East African Court of Justice; proposed amendment of the EAC Treaty and Rules of Procedure for the Council of Ministers; and Study on Harmonisation of Legal Training and Practice Pending further consideration by Partner States.

SUMBAWANGA: Man jailed 30 years for stealing 2.9m/-

Written by PETI SIYAME in Sumbawanga


SUMBAWANGA Resident Magistrate’s Court  has  sentenced  Sabas Savery  alias Ntinda  (30),  to  30 years imprisonment after being  found guilty of assaulting and stealing  more  than 2.9m/-, property of one Regina Vutakamba.

The court also had ordered the convict to receive 12 strokes of the cane.Resident Magistrate, Mr Adamu Mwanjokolo told the court  that  the  prosecution side  substantiated its case beyond reasonable doubt  that  the convict  had  truly  committed  the offence.

The prosecution  side  summoned  four  witnesses  to  prove its case while  the  defence  called  only  two witnesses.“ The accused  was responsible  for  the crime. In other words, the accused  is found guilty of the offence  charged.

“The  convict  shall be  sentenced  to a 30-year-term imprisonment  with  corporal  punishment  of  twelve  strokes of the  cane" ruled  the magistrate.Prosecution charged before the court that  although  the convict had no any  previous  criminal records, yet the court must  punish  him severely  so  that  the  sentence  would  serve  as a lesson  to other  people   who are  likely to commit such crimes.

The  convict however maintained  that  he  was  not guilty  and   prayed   for a lenient  sentence  because  he is an epileptic  and has a big  family that depends  entirely on him.The court was earlier told that the convict committed the offence on May 29, this year at Kazila village in Sumbawanga District at around 03:00 hours.

It was alleged that the convict armed with stick and razor blade broke the door of the house of the complainant and demanded her to surrender all the cash she had.It was further claimed that the convict turned violent and severely beat her after the complainant defied his order.

The convict was alleged to have searched for the money and finally  found  it hidden under  the mattress. He thereafter grabbed  the  complainant  and place  a piece of  cloth  around her eyes and  slashed her with razor blade.

The  convict  then   hauled her and threw  her  out of  her  house  until early  morning   when  passers – by  found her helpless.

Source: Daily News (30/10/2012): http://dailynews.co.tz/index.php/local-news/11011-man-jailed-30-years-for-stealing-2-9m

African leaders challenged to appoint more women judges

BY LUSEKELO PHILEMON


African leaders have been challenged to increase the number of women judges in the continent’s Court on Human and Peoples’ Rights, because of their outstanding performance in delivering day-to-day activities.

Commissioner for Political Affairs of the African Union Commission, Dr Aisha Abdullahi, made the call here yesterday when speaking at the retreat between the African Court and People’s Rights and the Permanent Representatives’ Committee (PRC) of the African Union (AU).

She said it was time for African women to showcase their ability and that spirit needs to be supported by AU member countries, by appointing more women in top posts in the African legal sector.

Aisha said the appointment of Justice Sophia Akuffo, as the President of the African Court demonstrates that African women have the ability to acquire any top post in the continent.

“Judge Akuffo we are proud of you and on my own behalf and that of the AUC, I would like to commend your fellow judges for electing a woman of your calibre and pedigree to head this important institution of the African Union. Your election is undoubtedly yet another clear manifestation remarkable progress is being made towards ensuring that women occupy important political, executive, legislative and judicial functions on our continent,” she said.

She further noted: “This Court has only two women – the Judge President and my very own sister from Nigeria, Justice Elsie Nwanwuri Thompson – out of eleven judges at the Court. Allow me to take this unique opportunity to implore our leaders and representatives– members of the PRC – to do something about it, and ensure that in the next nominations and election of judges to the Court, our Heads of State and Government address this imbalance.”

The meeting was opened by the Minister of Justice and Constitutional Affairs, Mathias Chikawe who implored African countries to ensure that peace and harmony are maintained in their respective countries.

President of the African Court on Human and Peoples’ Rights, Justice Sophia A. B. Akuffo, said the retreat was aimed at enhancing cooperation and facilitating the effectiveness of the Court to achieve its mandate within the African Union.

“In fact, quite unaware of the Curt’s plans for this retreat, during the strategic planning process of the Court, one of the recommendations that came out from human rights stakeholders, was the need for the Court to engage with other AU organs, like the PRC, which have a role to play with regard to strengthening the institutional capacity of the Court on matters of programme budgeting, finance and accounting, as well as administrative matters, including the enforcement of the judgments of the Court,” he said.

SOURCE: THE GUARDIAN (30/10/2012): http://www.ippmedia.com/frontend/index.php?l=47461

Organised Crimes in Tanzania: Police impound tusks worth 2.1bn/-

Written by LUDOVICK KAZOKA


POLICE in Dar es Salaam have arrested two Kenyans and a Tanzanian in unlawful possession of 214 elephant tusks and five bones of the mammal worth 2.1bn/- at Kimara Stop Over area in Kinondoni municipality over the weekend.

Dar es Salaam Special Zone Police Commander, Mr Suleiman Kova, told a news conference in the city  that the suspects were apprehended while preparing to transport the contraband to Kenya.

He said the tusks and bones weighing 450.6-kgs were hidden in fertilizer bags. The zonal police commander pointed out that going by the quantity of tusks seized, means that at least 91 elephants were killed by poachers.

"The mission was to transport the government trophies in a coffin covered by the national flag in order cheat police while on the way," said the police chief at a news conference jointly convened with the anti-poaching unit.

He named the suspects as Peter Kami, a Kenyan and his wife, Leonida Kabi who is a Tanzanian, plus Kami's relative, Charles Wainaina (41) who is a resident of Tarakea in Rombo District, Kilimanjaro Region.

"We are also holding a commuter bus driver one Simon aged 42 who was to be used to transport the tusks to Kenya," said Mr Kova. He said all three suspects would be charged with unlawful possession of the government trophies, but a Tanzanian woman has another charge of attempting to bribe the law enforcers with 15m/- when soliciting their release.  

"We are investigating the matter jointly with the Wildlife Department, which is responsible for anti-poaching operations to establish the criminal syndicate in the country, far East and Kenya," he said.Mr Kova also said the law enforcers impounded different stolen property at the suspects' house, saying preliminary investigation has indicated that the suspects were behind different robbery incidents in the city.

He said items suspected to have been ill-gotten include a computer, two refrigerators, microwaves, a television set and various furniture. According to the anti-poaching unit chief, Mr Faustine Masalu, about 91 elephants were killed to provide such huge contraband.

Almost ten days ago, Hong Kong customs officers seized four tonnes of ivory worth about $3.4 million, allegedly  hidden in shipments from Kenya and Tanzania.The 1,209 pieces of raw ivory tusk and a small number of ivory ornaments were discovered in two containers marked 'plastic scrap' and 'roscoco beans,' shipped to Hong Kong earlier this week, a customs official said.

The smuggled ivory, weighing 3.81 tonnes -- Hong Kong's largest ever seizure -- was found hidden among bags of plastic scraps and beans by customs officers, acting on a tip-off from counterparts in mainland China.Both the Minister for Natural Resources and Tourism, Amb. Khamis Kagasheki and his deputy Mr Lazaro Nyalandu have repeatedly said that there is an international syndicate in ivory trade and the government would fight tirelessly against poaching.

The international trade in elephant ivory, with rare exceptions, has been outlawed since 1989 after elephant populations in Africa dropped from millions in the mid-20th century to some 600,000 by the end of the 1980s.However, a rise in the illegal trade in ivory has been fuelled by demand in Asia and the Middle East, where elephant tusks are used in traditional medicines and making of ornaments.

 Africa is home to an estimated 472,000 elephants whose survival is threatened by poaching, illegal game hunting and habitat loss.

Source: Daily News (30/10/2012): http://dailynews.co.tz/index.php/local-news/11003-police-impound-tusks-worth-2-1bn2

UGANDA: Government to introduce strict procurement guidelines for oil firms

By Agencies


Oil companies that intend to procure services within the country will be subjected to strict procurement guidelines which is a shift from the current practice where they have been setting their own standards.

The current practice, which signifies the absence of government regulation of the new oil industry, has attracted criticism from a section of the public citing unfair procurement guidelines used by some oil companies.

Mr Jonathan Namara, a local contractor in Kampala, said on Monday that the procurement practice by most of oil companies makes it difficult for the local service providers to meet the standard set in pre-qualification requirements, something that automatically favours international service providers.

Mr Vincent Mugaba, the Public Relations Officer at the Public Procurement and Disposal of Public Assets Authority—PPDA, said there has been no procurement guidelines for petroleum companies meaning each company was applying its own procurement procedures.

The Ministry of Energy and Mineral Development is drafting uniform procurement guidelines to be followed by all the oil companies. A senior officer at the Procurement Unit of the ministry said  the draft guidelines are being vetted by the government and oil companies before PPDA approves the final copy.

Most of the oil companies have for instance been using the European Union standards as quality requirement benchmark, which service providers needed to follow.

Justice Irene Mulyagonja, the Inspector General of Government, recently said the government would harmonise procurement guidelines for oil companies with those provided by the PPDA to ensure uniformity. She was responding to complaints by a section of the public that foreign companies receive unnecessary favours.

Source: Daily Monitor (30/10/2012):  http://www.monitor.co.ug/News/National/Government+to+introduce+strict+procurement/-/688334/1606672/-/hna0wl/-/index.html

South Africa's Zuma drops lawsuit over cartoon

JUSTINE GERARDY (AAP)


SOUTH African President Jacob Zuma has dropped a legal battle over a cartoon showing him about to rape a blindfolded Lady Justice figure despite it painting him as a "sexual deviant", his office says.

The president withdrew his lawsuit against The Sunday Times and satirical cartoonist Zapiro, who had depicted Zuma in 2008 unbuckling his pants as his allies pinned the blindfolded woman to the ground and urged "Go for it, boss!"

The matter had been set to go to court in Johannesburg on Monday.

"After careful consideration and consultation with his legal team, President Zuma has taken a decision to withdraw his claim against the respondents, and pay a contribution to their costs," the presidency said.

The "hurtful and defamatory" cartoon was printed at a time when Zuma was not yet president and fighting graft charges, which were later withdrawn, and two years after he was acquitted of raping an HIV-positive family friend.


"Moreover, in depicting President Zuma as a would-be rapist, the cartoon sought to play to discredited and legally disproved accusations made against him in 2006," the presidency said in a statement.

"The newspaper and the cartoonist wanted to perpetrate an image of the president as a sexual deviant, despite a court of law rejecting the allegations against him and clearing his name."

Zuma, who first starting legal proceedings over the cartoon four years ago, had filed a claim for five million rand ($A560,000) for damage to his reputation and injury to his dignity two years later.

Last week he reduced his demands to compensation of 100,000 rand and an apology.


"I'm delighted that we have won such a complete victory. To me it's a total capitulation by Jacob Zuma's legal team," the cartoonist Jonathan Shapiro, better known by his sign-off Zapiro, told AFP.

"It's a hammer blow in favour of freedom of expression and it also vindicates what I was saying in the cartoon, which is that Jacob Zuma threatened the justice system in order to get corruption charges dropped against him and he did that with the help of allies."

Shapiro said he was confident that his side would have won but that the timing of the "damaging case" could have been politically dangerous for Zuma's campaign to be re-elected as head of the African National Congress (ANC) at the end of the year.

"This will send out an important signal that the president respects the right of the media to criticise his conduct," the newspaper's lawyer Dario Milo told the Sunday Times.

Frequently butting heads with Zuma, the cartoonist sketches the leader with a shower-head hovering over him, after his rape trial testimony that he had showered after sex to prevent HIV infection.

Source: The Australian (28/10/2012): http://www.theaustralian.com.au/news/breaking-news/s-africas-zuma-drops-lawsuit-over-cartoon/story-fn3dxix6-1226505017338


RORYA: Legalise 'gongo' MP urges govt

BY CORRESPONDENT


Rorya legislator Lameck Airo has appealed to the government to legalise the drinking of a local spirit, commonly known as gongo, to save villagers from unnecessary expenditure on bribing police officers.

He said though ‘gongo’ is yet to be legalised by the government, it has been a major source of income for most Rorya residents and other districts in Mara region.
Airo made the call at Utegi village when addressing a rally over the weekend. He said the local spirit has even helped parents meet their children's school requirements. 

He called on local government leaders to ensure they include in their annual budgets construction of houses for police officers and their offices.

He said the government should also think of establishing a special police zone for Rorya district instead of the current situation where Tarime and Rorya are served by a single zone.

He said during his recent visit to Changunge village in Rorya district, Prime Minister Mizengo Pinda promised to work on their proposal. He said the villagers told the premier that they were ready to construct a police post and houses in order to strengthen security in the district.

According to Airo, police officers have been benefiting from the sale of tje illicit brew because they are used to taking bribes from both the processors and sellers.

He said the local brew is similar to ‘Konyagi’, adding that what is required is to upgrade it to make it safe for human consumption. 

On agriculture, he called upon Rorya residents to properly use the current rains to cultivate enough crops for both food and sale. He said the only way to ensure food security is for them to cultivate more crops.

After the rally, the MP inaugurated two teachers’ houses in the village which were constructed by the villagers at a cost of 26m/-.

SOURCE: THE GUARDIAN (29/10/2012): http://www.ippmedia.com/frontend/index.php?l=47439

RWANDA: Prisons body commended for rehabilitating convicts

By Susan Babijja


The president of Prison Fellowship International (PFI), Ronald W. Nikkel, has called on countries in the region to borrow a leaf from Rwanda with regard to handling prisoners.

Nikkel, who was on a two day working visit, said that compared to the conditions of prisoners in other Africa countries he has visited, prisoners in Rwanda do not only look better but healthy.

“This is my second visit to Rwanda, but what I have found this time is far beyond what other countries have achieved in terms of improving the state and conditions of prisoners,” Nikkel told The New Times.

He explained that unlike other countries where prisoners are kept behind bars with no productive activities to engage in, Rwanda Correctional Services (RCS) has come up with activities that don’t only enable prisoners to contribute towards national development, but also give them capacity and skills to start a new life after serving their sentences.

“It is of great importance to note that after prisoners serve their sentences, they must have somewhere to start from so as to support their families, and also play active roles in society,” he said.

Nikkel encouraged prisoners to work hard and not lose hope, reminding them that there is life after their sentences.

He urged inmates to repent and embrace the national reconciliation programme as one of the measures that will enable them to live harmoniously with others.

PFI is an association of national Prison Fellowship organisations from England, Australia, Canada, New Zealand and the Bahamas. 

It was founded three years after Charles W. Colson founded a Prison Fellowship (PF) in the United States in 1976.

With the aim of bringing together men and women from various Christian churches to share the love of God with prisoners, ex-prisoners, and their families, currently, the association is made up of PF organisations from over 115 countries, including Rwanda.

Mary Gahonzire, the Deputy Commissioner General RCS, appreciated PFI for the role it has played in bringing PF organisations together and giving them a clear work plan.

He also highlighted on the measures that RCS has put in place for prisoners to access vital services, including health services, Rights education among others.

Source: New Times (29/10/2012): http://www.newtimes.co.rw/news/index.php?i=15160&a=60081

UGANDA: Pastor arrested for diverting Shs100 million

By Agencies

Pastor John Ofumbi, the Executive Director of Nagongera Gospel Centre Church in Budama North, Tororo District has been arrested for allegedly misusing money meant for an orphanage.

The head of the US-based charity organization, Covenant Mercies, Mr Douglas Hayes accuses the pastor of diverting about Shs100 million that was meant to Maundo Orphanage Home, which is attached to the church.

Mr Robert Katuramu, the Tororo District Police Commander, said they intercepted the 56-year-old Pastor Ofumbi, on Wednesday aboard a Kampala-bound taxi.

Mr Katuramu said the suspect has been charged with diverting money to his personal businesses between 2003 to date. The suspect however, secured a police bond and was released on condition that he reports to police every week as investigations continue.

The Tororo police boss said following the mismanagement of the projects, the American charity is willing to part ways with the suspect if he hands over log books of all project cars and motor bikes to them.

Pastor Ofumbi denies the allegations.

He said he is being wrongly accused because there is no audit query to pin him. He vowed not to handover any asset of the church to the American charity because the Memorandum of Understanding between the two parties spells out that such property belongs to the church.

Source: Daily Monitor (29/10/2012): http://www.monitor.co.ug/News/National/Pastor+arrested+for+diverting+Shs100+million/-/688334/1604572/-/thi09f/-/index.html

Pop star Glitter arrested in British sex abuse probe

LONDON - Agence France-Presse


British police on Sunday arrested 1970s glam rocker Gary Glitter on suspicion of sexual offences as they probe a mountain of child sex abuse allegations against late TV star Jimmy Savile.

"Officers working on Operation Yewtree have today arrested a man in his 60s in connection with the investigation," a Scotland Yard spokesman said.

The man was identified by British media as 68-year-old Glitter, whose real name is Paul Gadd and who has served a jail term in Vietnam for child sex offences.

"The man, from London, was arrested at approximately 7:15 am (0715 GMT) on suspicion of sexual offences, and has been taken into custody at a London police station.

"The individual falls under the strand of the investigation we have termed 'Savile and others'." Police investigating alleged child sex abuse by the late BBC star Savile have identified around 300 possible victims, which would make him one of the worst offenders in British history.

The claims against Savile have plunged the BBC into crisis and destroyed the reputation of the man who, with his garish tracksuits and ever present cigar, was one of the most famous faces on British television for decades.

Savile, who died on October 29 last year aged 84, also single-handedly raised tens of millions of pounds (dollars, euros) for charity.

Glitter was convicted in Vietnam in March 2006 of "obscene acts" with two girls aged 11 and 12, and returned to London in August 2008 after his release from prison.

Having been turned away from Hong Kong and Thailand, he returned to Britain, where he was ordered to sign the sex offenders register, which requires him to alert police to his whereabouts.

Glitter maintained his innocence and said his trial in Vietnam was a sham.

The 64-year-old was the king of the over-the-top glam era, complete with extravagant make-up, bouffant wigs, silver jumpsuits and high boots.

He sold more then 20 million records and had a string of stomping hits like "I'm The Leader Of The Gang (I Am)" and "Rock and Roll (Parts 1 and 2)."

Source: HDN (28/10/2012): http://www.hurriyetdailynews.com/pop-star-glitter-arrested-in-british-sex-abuse-probe.aspx?pageID=238&nID=33401&NewsCatID=383

Panama government reverses controversial land sale law


Panama's government repealed a controversial week-old law on Sunday that would have seen state-owned land sold in a duty-free zone along the Panama Canal.

Following a week of violent demonstrations, which saw at least three people die in protests that spread from the Atlantic port of Colon to Panama City on the Pacific, the government finally reneged on its initial proposal to sell the land to developers.

"The error has been corrected," Sergio Galvez, a spokesperson for President Ricardo Martinelli's ruling party, said of the decision to amend the law.

Fifty-nine parliamentarians voted for the revision; none were against it.

President Ricardo Martinelli signed the repeal decree into law on Sunday.

The government had maintained that land sales would generate capital for social projects in the Colon district. Protesters opposed any sale of the land.

"We have taught President Martinelli an important lesson," said Edgardo Voitier, head of the Colon Broad Front, which began the protest movement. "Not everything that belongs to the state can be the target of [Martinelli's] personal ambition. What belongs to the people has to be respected."

On Friday, looters raided shops and threw stones at vehicles in Panama City following demonstrations outside parliament, where the Congress was debating the issue.

Police used tear gas to disperse those gathered, which resulted in the arrest of more than 200 demonstrators in Panama City near where the duty-free zone is situated.

Eleven people, including police officers and protesters were injured in the confrontation, authorities said.

jlw/mkg (AP, AFP)

Source: DW (28/10/2012): http://www.dw.de/panama-government-reverses-controversial-land-sale-law/a-16339030

Suspected Basque ETA leader arrested in France

Cynthia Miley at 11:31 AM ET


[JURIST] The French police, the French Central Directorate of Interior Intelligence (DCRI) [official website, in French] and the Spanish Civil Guard [official website, in Spanish] arrested [press release, in Spanish] Isaskun Lesaka, one of the three suspected leaders of the Basque separatist movement Euskadi Ta Askatasuna (ETA) [Global Security backgrounder; JURIST news archive], early on Sunday. Lesaka and another member of the ETA were arrested in a hotel in Macon, France, about 70 kilometers from Lyon. They were both armed at the time of the arrest, and the police also found computer equipment and a stolen car. The ETA is listed as a terrorist group in the EU and the US and has engaged in a 40-year fight for independence in northern Spain and southwestern France that has claimed more than 800 lives, according to an AFP report. Last October, three members of the ETA read a statement declaring that the ETA would end the violence. Lesaka is believed to be one of the members who made the declaration.

Since January, 24 suspected ETA members have been detained. Spain has been prosecuting ETA members for more than a decade. In July Scottish police arrested [JURIST report] Benat Atorrasagasti Ordonez, an ETA member who was wanted by Spanish authorities since 2001. Ordonez was a "carrier" for ETA between 1996 and 2001, responsible for transporting people and materials between Spain and France. Last year a Spanish court sentenced [JURIST report] a former military leader for the group to 105 years in prison for ordering the murder of a Socialist political leader and his bodyguard. Two months earlier a group of ETA prisoners released a statement [JURIST report] calling for the ETA to stop violence and commit to a truce. In 2010 the Spanish government also accused the Venezuelan government [JURIST report] of aiding ETA members in a plot to kill Colombian government officials in Spain. A Spanish judge also found earlier that year that a member of ETA had attempted three times [JURIST report] to kill Prime Minister Jose Maria Aznar in 2001.

Source: JURIST (28/10/2012): http://jurist.org/paperchase/2012/10/suspected-basque-eta-leader-arrested-in-france.php

Moshi resident charged with wife murder

Written by PETER TEMBA in Moshi


A RESIDENT of Siha district in Moshi, Kilimanjaro region, Clemence Fabian has appeared before the High Court, Moshi Registry charged with murder of his wife, Amalia Clemence.

State Attorney, Ms Tamari Mndeme alleged before presiding judge, Justice Moses Nzuma, that the crime was committed on May 12, 2007 at Kifufu village in Siha district.She said on the fateful day the accused beat his wife, using a bush knife and that she was tied with a rope to a tree at the time of beating.

According to Ms Mndeme, the deceased was so badly beaten that she could not walk. She nonetheless managed to raise alarm. People promptly responded by rushing to the scene of the crime, but the accused chased them away.

The state attorney told a hushed courtroom that on the night of May 13, 2007, the victim's condition worsened and was rushed to Kibong'oto Hospital where she died the following day.Justice Nzuma ruled that the hearing date would be determined in the next session. 

Source: Daily News (28/10/2012): http://www.dailynews.co.tz/index.php/local-news/10931-moshi-resident-charged-with-wife-murder

CONFLICT: Alleged Guinea Bissau counter-coup leader arrested


In Guinea Bissau, the suspected leader of a counter-coup attempt has been arrested. Officials in the former Portuguese colony say Lisbon was behind the plot.

The man arrested, Captain Pansao Ntchama, was a former bodyguard for former prime minister Carlos Gomes Junior, who was ousted in a coup in April.

Ntchama, who was arrested in the city of Bolama on Saturday, is considered the leader of an attack (pictured above) a week ago on an army barracks that killed seven people. Guinea Bissau's caretaker government said right after the attack that it was an attempted coup.

Two others suspected to be involved in the attack were also arrested on Saturday.

The caretaker government maintains Portugal had called for the attack in an effort to restore Gomes Junior to power. The former leader is currently in exile in Portugal.

The coup in April interrupted presidential elections in the west African nation, which has suffered a series of coups and assassinations since gaining independence from Portugal in 1974. No president has ever completed a full term in office.

Guinea Bissau has gained a reputation as a stopping point for Latin American drug cartels moving cocaine to Europe.

mz/mr (Reuters, AFP)

Source: DW (28/10/2012): http://www.dw.de/alleged-guinea-bissau-counter-coup-leader-arrested/a-16338076

Parliamentary immunity debated in Canada

Written by OWEN MWANDUMBYA


THE CEO of the Global Organisation of Parliamentarians Against Corruption (GOPAC), Mr John Williams (Canada) said parliamentary immunity is counter productive and outdated.

He was reacting to the decision made by the Slovak Parliament to do away with the requirement of parliamentary authorisation before a Member of Parliament can be prosecuted.  The point was strongly opposed by many MPs from around the world, saying this was irrelevant and does not freely grant the right for MPs to exercise the duties freely.

Sharing the experience from Tanzania, Honourable Mr Hamad Rashid Mohamed said that in Tanzania, statutory provisions covering parliamentary privilege are defined in Article 100 of the constitution of Tanzania, which covers the privilege of freedom of speech and debate in the Assembly and the parliamentary immunities, powers and privileges Act, 1988 (No.3 of 1988). 

The parliament and parliamentarians have immunity from legal proceedings which is clearly stated in the parliamentary immunities, powers and privileges Act, 1988 (No.3 of 1988) Section 5 which is provides as follows:- “No civil or criminal proceeding may be instituted against any member for words spoken before the Assembly or any of its Committees, or by reason of any matter or thing brought by him therein by petition, Bill or motion or otherwise, or for words spoken or act done bonafide in pursuance of a decision or proceeding of the Assembly or a committee.’’ 

Mr Mohamed said that the law also provides immunity from arrest for civil debts which also the law in Section 6 of Act no. 3 of 1988 states as follows:- “No member shall be liable for arrest for any civil debt except for a debt the contraction of which constitutes a criminal offence.”

One among the significant power the House has is the power of control over its own affairs and proceedings. This is one of the significant attributes of any independent legislature. However, Members of Parliament spoke out in support of having immunities while performing their work as people’s representatives in parliaments and other works related to that.

During the Panel Session under the topic: Parliamentary Immunity: Benefit Or Burden? At the 127 inter- parliamentary Union (IPU) Conference which is taking place here in Quebec City, Canada since 21 to 26 October, 2012, most of the contributors said freedom of expression is the working tool of Members of Parliament.

"It enables them to do their jobs as representatives of people and to speak out,  criticise the government and denounce abuses. Parliamentary immunities are designed to ensure that parliamentarians can freely express themselves without hindrance and fear of prosecution."

During the debate, the MPs said there is a tendency of citizens in general to perceive immunity as a negative concept; they tend to see it as a way of politicians themselves to place above the law, thing that are very untrue.This is particularly true in countries where parliamentary immunity, in the form of inviolability offers protection to MPs against legal proceedings for acts they carry it outside the confines of parliamentary duties.

The public reasoning they may be partly due to the lack of understanding of the purpose of parliamentary immunities. It may also reflect a more widely held belief that excessive parliamentary immunity offers protection to those who should be prosecuted and inversely failed to protect those who have done nothing wrong.

The panel discussion took place at the rationale and effectiveness of parliamentary immunity in today’s world in particular in light of public insistence on over greater accountability. The main questions here are, should MPs enjoy parliamentary immunity, including immunity from the legal proceeding for acts unrelated to parliamentary duties in order to effectively do their work? Should such immunity exist everywhere as a matter of principle or only in fragile democracies?

Apart from majority saying that immunities for MPs are inevitable, they also debated more on how can one ensure that application of parliamentary immunity indeed protects those subjected to political motivated charges – often members from the opposition and that inversely, the majority in parliament cannot block, for purely political reasons the prosecution of one of theirs.

Source: Daily News (28/10/2012): http://www.dailynews.co.tz/index.php/local-news/10929-parliamentary-immunity-debated-in-canada

France lawmakers approve bill to pay for abortions, contraceptives for minors

Jaimie Cremeans at 2:15 PM ET


[JURIST] The French National Assembly [official website, in French] on Friday approved a bill that would reimburse women for all abortions and make contraceptives available for free to minors. France already fully pays for abortions for minors and low-income women, but this bill would reimburse all women [AP report] up to € 450 (USD $580) for abortions. It would also pay for contraception for minors from age 15 to 18. The bill will now be sent to the Senate, where it is expected to pass.

Although abortion is not a highly controversial topic in France, where it has been legal since 1976, it is a very controversial issue in other countries. Earlier this week, a US appeals court refused to reconsider [JURIST report] its decision to uphold a Texas law that cut off funding to clinics affiliated with abortion providers. Also this week, Uruguay's president signed a bill [JURIST report] legalizing abortion with no restrictions for the first 12 weeks of pregnancy. In August South Korea's Constitutional Court [official website, in Korean] upheld a 59-year ban [JURIST report] on abortion as constitutional.

Source: JURIST (27/10/2012): http://jurist.org/paperchase/2012/10/france-house-passes-bill-to-pay-for-abortions-contraceptives-for-minors.php

BORDER CONFLICT: Malawi now turns to British lawyers


By The Citizen Reporters, Lilongwe/Dar es Salaam.

Malawi is now banking on British legal expertise to ensure it wins the border row with Tanzania over the ownership of Lake Nyasa.Government officials in Lilongwe have said they will hire British lawyers to help make their case both in negotiations with the government of Tanzania and in a possible international arbitration. The Solicitor General and Principal Secretary for Justice, Mr Anthony Kamanga, confirmed this development to a section of the Malawian press but did not name the British lawyers. 

They will reportedly work with their Malawian counterparts on a legal paper to back that country’s claims that it owns the entire lake, officially known in Malawi as Lake Malawi, based on the 1890 treaty between the two colonial masters, Britain and Germany.

The Malawi legal team will also comprise the Attorney General and Justice Minister, the Solicitor General, a senior lawyer from the Justice Department and a law expert from academia.

Malawi hopes the legal paper will give it the upper hand in the talks with Tanzania that are expected to resume soon.
Negotiations screeched to a stop early this month after Malawi accused Tanzania of provocation by publishing a new map that showed the boundary bang in the middle of the lake. Tanzania was also accused of harassing Malawian fishermen.

Tanzania then frantically tried to woo Malawi back to the talks with a new round scheduled for October 27.
The Permanent Secretary of the Tanzanian ministry of Foreign Affairs and International Cooperation, Mr John Haule, told The Citizen last week that Malawi was invited for the talks but had yet to respond.

On Wednesday, Malawian minister for Foreign Affairs Ephraim Chiume told The Citizen there had been no official communication between the two countries on the October 27 meeting. “We have not received any communication from Tanzania,” he said, “and we cannot go to talks based on media reports.” 

Once protocol matters were resolved, he said, they would prepare a formal response. When pressed to confirm whether Tanzania actually sent the invitation for the talks, Mr Haule referred The Citizen to the country’s representative in Lilongwe.

He added:  “The High Commission should be in a better position to confirm the issue because it is the official channel we use to reach the Malawian government.”  

The Tanzanian High Commissioner to Malawi, Mr Patrick Tsere, referred The Citizen to the minister for Foreign Affairs and International Cooperation, Mr Bernard Membe. Efforts to reach Mr Membe bore no fruit.

In another development, the British government has said it favours the Organisation for African Unity’s decision that colonial era borders should be respected. The OAU is the predecessor organisation of the African Union (AU).

Responding to queries on where the British government stood on the matter, Mr Philip Gilbert, the officer in charge of the Tanzania docket at the Africa Directorate of the Foreign and Commonwealth Office, said the UK could not get entangled in the dispute between two sovereign states. 

“Although the UK has historical links with the region,” he said, “we believe that the OAU’s decision that colonial era borders should be respected marked a definitive end to any vestigial UK responsibility for such matters.” 

The two countries should resolve the dispute bilaterally or through a regional or international body, he added.  
Malawi claims it owns all of Lake Nyasa on the basis of the 1890 treaty which, it says, was later reaffirmed by the OAU when the country gained its independence in the early 1960s. 

But Tanzania says the Anglo-Germany Treaty that gave Malawi sole ownership of the lake was flawed and it has every reason to demand a review.

Reported by Rex Chikoko in Lilongwe, Damas Kanyabwoya and Songa wa Songa in Dar es Salaam.

Source: The Citizen (27/10/2012): http://www.thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/26817-malawi-now-turns-to-british-lawyers.html

ZANZIBAR: Isles police nab 40 suspects in crackdown

Written by ISSA YUSSUF in Zanzibar


IN a crackdown on criminal suspects, police on the Isles have issued photos of 72 people who they believe are linked with the recent riots and killing of a policeman.

According to Zanzibar Commissioner of Police Mussa Ali Mussa, the photos of the suspects were displayed on two TV stations, TVZ and Cable TV at the weekend. The photos are also available at all police stations and the security units.
"Some of the suspects belong to criminal gangs including Ubaya-Ubaya, Umbwa-Mwitu and Simba-Mkali and are terrorizing and robbing people of their property," he said.

The police commissioner said so far more than 40 people have been arrested, following a tip-off from the public. However, this latest development comes at a time when people have complained of  police harassment, saying  the Zanzibar security units were abusing human rights.

"Armed police and security units harass people unnecessarily. We are so scared that we can't even go to the mosque to pray," lamented a resident of  Bububu area north of the Zanzibar stone town.  

Bububu residents, where a police officer was killed last week claimed to have been victims of police harassment in their hunt for criminals. They accused them of brutality.

But Commissioner Mussa and the Minister of Sate (Police), Mr Mohammed Aboud Mohammed, assured the public  that the crackdown would continue carefully and judiciously and would only target the suspects.Mr  Mohammed  said the police would not disturb innocent people as their target was to restore peace and order.

Zanzibar town was plunged into chaos after youths of Uamsho group  went on the rampage, demanding the release of their leader Sheikh Farid Hadi Ahmed who has since been charged alongside seven others for incitement and destroying public property.

Source: Daily News (28/10/2012): http://www.dailynews.co.tz/index.php/local-news/10933-isles-police-nab-40-suspects-in-crackdown

Ex-Italian PM Berlusconi gets 4-year prison term for tax fraud

Ben Wedeman, Rome (CNN) 

Former Italian Prime Minister Silvio Berlusconi has survived political, corruption and sex scandals over the years, but on Friday, a Milan court sentenced the flamboyant politician to four years in prison for tax evasion.


Berlusconi, who is likely to appeal, called it an "unacceptable political sentence" in an interview that aired on CNN affiliate TGCOM24.

"I was convinced that I would get acquitted of an accusation that is far from the truth," he said. "This is a conviction I can easily define as political, incredible and even intolerable."
He added: "I'm a victim of judicial harassment."


His trial, which also involved executives from Berlusconi's Mediaset television group and the head of a Swiss bank, concerned the purchase of TV rights for films that were then resold within the group at inflated prices.

Prosecutors said the scheme, involving about 3,000 American films, allowed those involved to avoid a major tax bill. They may have to pay a fine of up to €10 million ($12.9 million) if the court's ruling is upheld.

Under the Italian legal system, Berlusconi and his fellow defendants have the right to appeal their sentence twice, in the appeals court and a higher court.

Also, because the case dates to July 2006, the statute of limitations will expire next year, meaning there is a good chance none of the defendants will serve any prison time.

Berlusconi, 76, resigned as prime minister in November amid his country's debt crisis, bringing to an apparent end an 18-year era in which he dominated Italian politics.

Through the years, he was accused of embezzlement, fraud and bribery, but he was never convicted until the tax evasion case.

He also faces trial on charges that he hired an underage prostitute and later tried to pull strings to get her out of jail when she was accused of theft.

The woman involved in the long-running case is the Moroccan dancer Karima el Mahroug, nicknamed "Ruby the Heart-stealer."

American movie star George Clooney had been expected to appear Friday as a defense witness in that case but did not show up. The actor's representative said he would not be serving as a witness for Berlusconi.

Source: CNN (27/10/2012): http://edition.cnn.com/2012/10/26/world/europe/italy-berlusconi-convicted/index.html?hpt=hp_t3

`Uamsho` leaders in security breach charge, denied bail

BY THE GUARDIAN REPORTER


Zanzibar Director of Public Prosecution (DPP), Ibrahim Mzee Ibrahim yesterday denied bail for leaders of the Islamic Revival Forum (Uamsho) who appeared at the High Court charged with new counts including incitement, destruction of properties and endangering national security.

Public Prosecutor, Raya Mselem stated that DPP has powers to deny bail to a suspect in accordance with Chapter 47, Section 19 (1)(2) of the National Security Act of 2000.

He told the court that the bailout for Uamsho leaders has been withheld by the DPP and that they will only be bailed out once the DPP nullifies his stance in writing.

“Zanzibar DPP has rejected bail for the suspects in the national interest”, said the Prosecutor.
Earlier, the suspects were to be taken to Mwanakwerekwe District Court with the aim of getting updates on their bail application through case No 380 that was filed on October 22, 2012.

The suspects arrived at the High Court in Vuga by mid morning being escorted by armed police who were in four vehicles with numbers PT 1891, PT 1457, T 198 AMV and PT 0873.

The Prosecutor further stated that Uamsho leaders are accused of causing destruction of properties worth 500m/- between October 17 and 18 this year at different places within Mjini Magharibi district.

Sheikh Azzan Khalid Hamdan is charged with four counts while others are facing three counts each.

According to the High Court Registrar, George Kazi the suspects were not required to respond to any of the charges until their case is assigned a specific Judge.

However the suspects through Sheikh Farid Hadi Ahmed requested the Registrar to grant them bail because it was their right.

Another suspect Sheikh Mselem Ali Mselem told the High Court that since Zanzibar is a democratic state, there were no reasons for the government to deny them bail.

Speaking to journalists outside the court, Advocates Salum Tawfiq and Abdallah Juma blamed the police over delays to bring the suspects to court. They said police were to bring the suspects to court by 8am but they were late for almost four hours. On Tuesday this week Uamsho leaders appeared before Mwanakwerekwe District Court in Zanzibar charged with several counts including incitement, causing chaos, and breach of peace and misunderstandings in the Isles.

They included, Sheikh Farid Hadi Ahmed, Sheikh Mselem Ali Mselem (52) of Kwamtipura, Sheikh Mussa Juma Issa (37) and Suleiman Juma Suleiman (39) of Makadara, Sheikh Azzan Khalid Hamdan (43) of Mfenesini, Hassan Bakari Suleiman (39) of Tomondo and Khamis Ali Suleiman.
They were all remanded in custody pending decision on their bail.

Reading the charges, Public Prosecutor Maulid Ame Mohamed claimed that on August 17, this year at 5pm, the leaders allegedly incited and caused chaos contrary to Sections 45(10)(a) and (b) of the Criminal Procedures Act Number 6 of 2004.

Before arraignment, ‘Uamsho’ leaders spent two days in the hands of the police as they underwent interrogation.

SOURCE: THE GUARDIAN (26/10/2012): http://www.ippmedia.com/frontend/index.php?l=47320

JURIST - Paper Chase

Blog Archive

Followers