Hirondelle News Agency
28 September 2007
Laurent Bucyibaruta and Wenceslas Munyeshyeka are not close of finding out what the future holds for them. This is manifested in the new refusal by the Appeals Chamber of Paris to immediately execute the arrest warrants issued by the International Criminal Tribunal for Rwanda (ICTR) against the two accused.
In its decision of 26 September, the Appeals Chamber of Paris orders from ICTR additional information considering that it could not come to a conclusion about the transfer request in light of the documents provided.
The former prefect of Gikongoro Laurent Bucyibaruta and Abbot Wenceslas Munyeshyeka have been prosecuted in France, since 1995 for the first and 2000 for the second, on the basis of quasi-similar facts to those reproached by the ICTR. But the tribunal wants it to be on the basis of these indictments that they be tried.
They have been placed under judicial supervision.
In June 2006, France had given its agreement to try the two men making it possible to consider a transfer of the cases on the basis of article 11 bis of the ICTR Rules of Evidence and Procedure to reduce the workload of the ICTR, which must finish its mandate by the end of 2008.
The ICTR had then delivered a first arrest warrant on 20 June 2007 against the two accused requiring France to arrest them while waiting for a first instance chamber of the international tribunal, designated to rule on the transfer, to render its decision. France had refused to hold them in detention estimating that the indictment was not precise enough.
It is on the second arrest warrant of the ICTR which, changing its strategy, requested the transfer of the two men to its tribunal while awaiting the first instance chamber to rule on article 11bis, that the Appeals Chamber of Paris refuses today to rule on.
Would the Appeals Chamber of Paris be fastidious or would the ICTR not have been rigorous enough?
The French court considers, first of all, that the conditions urgently required by article 40 of the ICTR Rules of Evidence and Procedure, called upon by the tribunal for the arrest and preventative detention, are not met since the two accused have never sought to be withdrawn from the authorities since the beginning of the proceedings.
It then raises an error of pen or of translation of the ICTR indictment which requires, concerning the crime against humanity, a "generalized AND systematic attack" (whereas the English version of the Statute uses the conjunction "or"). But this question has already been settled by the jurisprudence of the international tribunal. The Akayesu judgment of 1998 declared that the French version of article 3 of the Statute suffers from a mistranslation.
A modification of the text would have seemingly been necessary.
Then the French court calls upon problems relating to article 9 of the Statute of the ICTR which treats of the legal principle "non bis in idem" (double jeopardy) according to which a person cannot be tried and convicted twice for the same crime.
The question is raised from two points of view: prosecutions which have already begun in France against both defendants and the judgment in absentia of Wenceslas Munyeshyeka in Rwanda in 2006.
In this same occasion, the Appeals Chamber of Paris requests that the international tribunal assure it that if it will proceed or not with the transfer procedure of article 11 bis of its rules.
It seems to consider that if the ICTR would try itself Munyeshyeka and Bucyibaruta then there would be a contest of jurisdiction between France and the international tribunal.
However, can the fact that national courts are suppose to discharge themselves in the benefit of the ad hoc tribunal, can France call upon article 9 of the Statute whereas it has not yet rendered a judgment against the two men?
The problem is different for the judgment rendered in absentia (because of the absence of the defendant at his trial) in 2006 by a Rwandan military court which sentenced Munyeshyeka to life in prison. In this case, the proceedings and the judgment finished their full process.
However, article 9-2 of the Statute opens the possibility to the international tribunal of prosecuting again if the facts for which Munyeshyeka was tried are qualified as ordinary crimes, or if "the national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted".
The Appeals Chamber of Paris still raises inconsistencies in the dates mentioned in the indictment of Wenceslas Munyeshyeka, and the facts complained against Laurent Bucyibaruta which would go up at 1993, date for which France is not qualified under the terms of the law of adaptation of the Statute of the ICTR of May 1996.
The necessary documents must be provided for 15 November and the French court will render its decision on the execution of the arrest warrant on 21 November.
29 September, 2007
North Kivu: Dissident rebels Choose to Disarm
MISNA
28 September 2007
There was calm in North Kivu today. No fighting between the regular armed forces (FARDC) and Laurent Nkunda’s rebels after the breach of the ceasefire between last Monday and Tuesday in the Masisi territory. There was news, in fact, that a group of 132 combatants loyal to Nkunda have decided to adhere to the disarmament and reintegration process and they have been taken from Goma (capital of North Kivu) to Kamina, in the province of Katanga, where they will attend a reformation period. These dissident rebels had abandoned the militias of Nkunda and those of the Mayi-Mayi about two weeks ago. The situation in North Kivu, where armed clashes resumed toward the end of August, was one of the items discussed by president Joseph Kabila at the 62nd UN General Assembly in New York.
28 September 2007
There was calm in North Kivu today. No fighting between the regular armed forces (FARDC) and Laurent Nkunda’s rebels after the breach of the ceasefire between last Monday and Tuesday in the Masisi territory. There was news, in fact, that a group of 132 combatants loyal to Nkunda have decided to adhere to the disarmament and reintegration process and they have been taken from Goma (capital of North Kivu) to Kamina, in the province of Katanga, where they will attend a reformation period. These dissident rebels had abandoned the militias of Nkunda and those of the Mayi-Mayi about two weeks ago. The situation in North Kivu, where armed clashes resumed toward the end of August, was one of the items discussed by president Joseph Kabila at the 62nd UN General Assembly in New York.
New Fighting in South and Target Killings in Mogadishu.
MISNA
28 September 2007
Five people have been killed in the past hours in Somalia in clan fighting and target killings. In the port city of Merka (100km south of Mogadishu) clashes between rival sub-clans left at least three dead and six wounded. According to local sources, the fighting, which took place in several villages, erupted over control of the area as part of the vaster conflict of the past months in Kisimaayo, third city of the country in the extreme south, involving men of the Marehan clan. Two civilians were killed by unknown gunmen in still unclear circumstances in Mogadishu: one in the southern neighbourhood of Wardhigley, the second in the city’s main Bakara market. Target killings and clashes between government forces and insurgents take place on a daily basis in Mogadishu.
28 September 2007
Five people have been killed in the past hours in Somalia in clan fighting and target killings. In the port city of Merka (100km south of Mogadishu) clashes between rival sub-clans left at least three dead and six wounded. According to local sources, the fighting, which took place in several villages, erupted over control of the area as part of the vaster conflict of the past months in Kisimaayo, third city of the country in the extreme south, involving men of the Marehan clan. Two civilians were killed by unknown gunmen in still unclear circumstances in Mogadishu: one in the southern neighbourhood of Wardhigley, the second in the city’s main Bakara market. Target killings and clashes between government forces and insurgents take place on a daily basis in Mogadishu.
Government and Opposition Reach Accord to End Political Deadlock.
MISNA
28 September 2007
An accord was reached in the past days between the government of Burundi and main opposition parties to end an institutional crisis that for months has blocked Parliament works. The announcement was made last night by Burundian President Pierre Nkurunziza in an address to the nation on State TV. Though not specifying the type of “solutions” reached between the sides, Nkurunziza stressed the need of guaranteeing more freedom to political parties, moving towards a professional army and police and mainly integrating the minority parties and civil society in high public functions. The main opposition parties - UPRONA (Unity for National Progress) and the FRODEBU (Front for Democracy in Burundi) – confirmed the deal and are attending its application. President Nkurunziza has begun consultations on August 20 with all the parties in parliament in a bid to end the deadlock. In the past months, the opposition, as also some elements of the ruling CNDD that in fact remained without a solid majority in parliament, criticised a government reshuffle carried out by President Nkurunziza, which apparently sidelined the minority parties. Parliament works in fact remained blocked over the past weeks over the polemic.
28 September 2007
An accord was reached in the past days between the government of Burundi and main opposition parties to end an institutional crisis that for months has blocked Parliament works. The announcement was made last night by Burundian President Pierre Nkurunziza in an address to the nation on State TV. Though not specifying the type of “solutions” reached between the sides, Nkurunziza stressed the need of guaranteeing more freedom to political parties, moving towards a professional army and police and mainly integrating the minority parties and civil society in high public functions. The main opposition parties - UPRONA (Unity for National Progress) and the FRODEBU (Front for Democracy in Burundi) – confirmed the deal and are attending its application. President Nkurunziza has begun consultations on August 20 with all the parties in parliament in a bid to end the deadlock. In the past months, the opposition, as also some elements of the ruling CNDD that in fact remained without a solid majority in parliament, criticised a government reshuffle carried out by President Nkurunziza, which apparently sidelined the minority parties. Parliament works in fact remained blocked over the past weeks over the polemic.
Other Rebels Lurking...
MISNA
28 September 2007
“The resolution says that the UN/EU force shall deal with Sudanese refugees and Chadian homeless. If it keeps to its mandate and does not support Deby’s regime, there is no problem (…) If it intends to come in between ourselves and Deby’s forces, we shall fight it”: this is the stand taken by one of the main rebel groups active in eastern Chad, the UFDD concerning the deployment, near the border with Darfur (Sudan), of a joint UN-EU peacekeeping force, which has already been approved. The contents of the UFDD message, headed by Mahamat Nouri, is identical to what was launched a few days ago by another armed movement which has been fighting against the government of Idriss Deby for months, the Council for Revolutionary Action (CAR). The international force which will begin deployment in October shall be led by France, which already has military contingents in Chad and the Central African Republic. Since 2006, French soldiers have intervened often in support of the Chadian army in fighting against the rebels.
28 September 2007
“The resolution says that the UN/EU force shall deal with Sudanese refugees and Chadian homeless. If it keeps to its mandate and does not support Deby’s regime, there is no problem (…) If it intends to come in between ourselves and Deby’s forces, we shall fight it”: this is the stand taken by one of the main rebel groups active in eastern Chad, the UFDD concerning the deployment, near the border with Darfur (Sudan), of a joint UN-EU peacekeeping force, which has already been approved. The contents of the UFDD message, headed by Mahamat Nouri, is identical to what was launched a few days ago by another armed movement which has been fighting against the government of Idriss Deby for months, the Council for Revolutionary Action (CAR). The international force which will begin deployment in October shall be led by France, which already has military contingents in Chad and the Central African Republic. Since 2006, French soldiers have intervened often in support of the Chadian army in fighting against the rebels.
New Prime Minister Nominated
MISNA
28 September 2007
The secretary general of the presidency Modibo Sidibé has been nominated as new prime minister by president Amadou Toumani Touré, replacing Issoufi Maïga, in office since 2004, and who resigned yesterday. Maiga’s resignation, said the local press, is tied to the modifications taking place among parliamentary forces after the July 22 legislative elections; today, in fact, news that the 11 representatives of the Coalition for Mali (RPM) – the party of the candidate defeated during the presidential elections, Ibrahim Boubacar Keita – have moved to the opposition, after having served in the ranks of the majority during the past legislature. Sidibé, jurist, close to Touré, former minister of health under the presidency of Alpha Oumar Konaré (1992-2002), is the younger brother of Mandé Sidibé, former prime minister.
28 September 2007
The secretary general of the presidency Modibo Sidibé has been nominated as new prime minister by president Amadou Toumani Touré, replacing Issoufi Maïga, in office since 2004, and who resigned yesterday. Maiga’s resignation, said the local press, is tied to the modifications taking place among parliamentary forces after the July 22 legislative elections; today, in fact, news that the 11 representatives of the Coalition for Mali (RPM) – the party of the candidate defeated during the presidential elections, Ibrahim Boubacar Keita – have moved to the opposition, after having served in the ranks of the majority during the past legislature. Sidibé, jurist, close to Touré, former minister of health under the presidency of Alpha Oumar Konaré (1992-2002), is the younger brother of Mandé Sidibé, former prime minister.
27 September, 2007
RSF Dennounces Assassination Attempt Against Radio Shabelle Manager.
MISNA
27 September 07
Two unidentified gunmen on September 24 attempted to assassinate the journalist Jafaar Mohammed ‘Kunai’, acting manager of the Somali Radio Shabelle, targeted in the past days by a government force incursion and forced off the air. According to a statement released today by the RSF (Reporters Without Borders), Jafaar narrowly escaped the murder attempt in central Mogadishu and the gunmen managed to flee the scene. “Caught in the crossfire of targeted killings and arbitrary arrests, Somali journalists have reached a critical threshold that is threatening the survival of an independent press in Somalia”, says the statement, denouncing the persecution to which independent media workers are subjected to not only in Mogadishu, but also in the northern semi-autonomous Puntland and Somaliland regions, and in Hiran (south). Three Somali journalists were in fact arrested for taking photos of fighting underway between the army and militants. The European Union last week presented a formal complaint to the Somali transitional government for the shutting of Radio Shabelle and persecution of press freedom, denounced also by UN officials. Mogadishu authorities referred that investigations are underway into the case.
27 September 07
Two unidentified gunmen on September 24 attempted to assassinate the journalist Jafaar Mohammed ‘Kunai’, acting manager of the Somali Radio Shabelle, targeted in the past days by a government force incursion and forced off the air. According to a statement released today by the RSF (Reporters Without Borders), Jafaar narrowly escaped the murder attempt in central Mogadishu and the gunmen managed to flee the scene. “Caught in the crossfire of targeted killings and arbitrary arrests, Somali journalists have reached a critical threshold that is threatening the survival of an independent press in Somalia”, says the statement, denouncing the persecution to which independent media workers are subjected to not only in Mogadishu, but also in the northern semi-autonomous Puntland and Somaliland regions, and in Hiran (south). Three Somali journalists were in fact arrested for taking photos of fighting underway between the army and militants. The European Union last week presented a formal complaint to the Somali transitional government for the shutting of Radio Shabelle and persecution of press freedom, denounced also by UN officials. Mogadishu authorities referred that investigations are underway into the case.
The Paris Court of Appeals Requests Clarifications From the ICTR
Hirondelle News Agency
26 September 2007
The Court of Appeal of Paris Wednesday ordered additional information before rendering a decision about the possible transfer to the International Criminal Tribunal for Rwanda (ICTR) of two alleged génocidaires, Abbot Wenceslas Munyeshyaka and former Prefect Laurent Bucyibaruta.
At the time of the examination of the case last week, the prosecution had come to a conclusion about the transfers to the ICTR.
A new hearing was scheduled for 21 November, the documents requested by the investigation chamber will have to be handed in before 15 November.
In Arusha, the spokesperson for the office of the prosecutor, questioned by the Hirondelle agency in the afternoon, was not able to comment. A press conference was announced for Thursday afternoon.
The investigation chamber notably requested from the ICTR that it provide original and certified documents and not simply copies.
It also wishes that the tribunal confirm the existence of a request from the prosecutor of the ICTR for the transfer of the case against the two men from the international tribunal to France. The ICTR has not yet rendered a decision on this request from the ICTR prosecutor.
The Court of Appeal also asked that the complaints filed in France against the two men and the verbal investigations of their indictments be transferred to the court.
The lawyers of the two men were delighted by this decision. "The procedure in these moments is very advantageous for our clients", declared Philippe Gréciano, lawyer for Bucyibaruta.
"The court wishes to have the whole of the evidence in order to rule in a complete manner", indicated to Jean-Yves Dupeux, counsel for Munyeshyaka.
Their clients, arrested for the second time on 7 September at the request of the ICTR, had been released on 19 September by the investigation chamber. On 20 July, they had been arrested, at the request of the ICTR, which asked that they be placed in preventative detention while awaiting a decision from the ICTR on the transfer of the case to France.
The Parisian court had once before refused the ICTR request which accuses the two men of rapes, executions and assassinations constitutive of a crime against humanity, genocide with regard to the clergyman and complicity to genocide for the former prefect.
Survivors of the genocide filed complaints in France against the two men. Wenceslas Munyeshyaka has been under investigation 1995 and Laurent Bucyibaruta since 2000. They were placed under judicial supervision.
A Hutu catholic priest, Wenceslas Munyeshyaka has been, since 2001, in charge of the parishes of Gisors and the Epte Valley. Laurent Bucyibaruta, former prefect of Gikongoro (southern Rwanda), resides near Troyes (Aube).
Editor's Note: Another major topic of discussion between FM Kouchner and FM Murigande.
26 September 2007
The Court of Appeal of Paris Wednesday ordered additional information before rendering a decision about the possible transfer to the International Criminal Tribunal for Rwanda (ICTR) of two alleged génocidaires, Abbot Wenceslas Munyeshyaka and former Prefect Laurent Bucyibaruta.
At the time of the examination of the case last week, the prosecution had come to a conclusion about the transfers to the ICTR.
A new hearing was scheduled for 21 November, the documents requested by the investigation chamber will have to be handed in before 15 November.
In Arusha, the spokesperson for the office of the prosecutor, questioned by the Hirondelle agency in the afternoon, was not able to comment. A press conference was announced for Thursday afternoon.
The investigation chamber notably requested from the ICTR that it provide original and certified documents and not simply copies.
It also wishes that the tribunal confirm the existence of a request from the prosecutor of the ICTR for the transfer of the case against the two men from the international tribunal to France. The ICTR has not yet rendered a decision on this request from the ICTR prosecutor.
The Court of Appeal also asked that the complaints filed in France against the two men and the verbal investigations of their indictments be transferred to the court.
The lawyers of the two men were delighted by this decision. "The procedure in these moments is very advantageous for our clients", declared Philippe Gréciano, lawyer for Bucyibaruta.
"The court wishes to have the whole of the evidence in order to rule in a complete manner", indicated to Jean-Yves Dupeux, counsel for Munyeshyaka.
Their clients, arrested for the second time on 7 September at the request of the ICTR, had been released on 19 September by the investigation chamber. On 20 July, they had been arrested, at the request of the ICTR, which asked that they be placed in preventative detention while awaiting a decision from the ICTR on the transfer of the case to France.
The Parisian court had once before refused the ICTR request which accuses the two men of rapes, executions and assassinations constitutive of a crime against humanity, genocide with regard to the clergyman and complicity to genocide for the former prefect.
Survivors of the genocide filed complaints in France against the two men. Wenceslas Munyeshyaka has been under investigation 1995 and Laurent Bucyibaruta since 2000. They were placed under judicial supervision.
A Hutu catholic priest, Wenceslas Munyeshyaka has been, since 2001, in charge of the parishes of Gisors and the Epte Valley. Laurent Bucyibaruta, former prefect of Gikongoro (southern Rwanda), resides near Troyes (Aube).
Editor's Note: Another major topic of discussion between FM Kouchner and FM Murigande.
Behind the Scenes: Europe Mediates to Avoid 3rd Congo War
I have just recieved confirmation Belgian FM De Gutch and French FM Kouchner are meeting in private with President Kabila President Kagame, and Rwandan FM Murigande in New York to try and reconcile their respective countries. They are also hoping to reconcile President Kabila and Senator Bemba. All are in New York for the 62nd General Assembly of the United Nations, with the exception of Bemba, who was called specifically for mediated negotiations. President Kabila has already met with Angolan President Eduardo Dos Santos, USA Sec. of State Condolezza Rice, EU Commissioner of International Development Louis Michel, and Portugese officials. President Kagame's speech condemned MONUC for not taking action against FOCA. He blamed FOCA for all the recent problems between the DRC and Rwanda. He also urged the arrest of remaining suspects around the world, who he claimed were still spreading a genocidal ideology. Yet nobody will talk about the illegal occupation of RDF soldiers in North Kivu or the continued illegal smuggling of the Congo's mineral wealth.
The Country's Army Was Badly Organised (Reyntjens)
Hirondelle News Agency (Lausanne)
NEWS
26 September 2007
Posted to the web 27 September 2007
Arusha
The Rwandan army in 1994 was badly organized, badly trained and not really controllable, "they were primarily cannon fodder" affirmed Tuesday the Belgian historian Filip Reyntjens while testifying before the International Criminal Tribunal for Rwanda (ICTR).
This army which counted 8 000 men in 1990, before the attack of the RPF in the north of the country, had 40 000 in 1994; pointed out Filip Reyntjens, an expert witness called to support the defence of Joseph Kanyabashi, the former mayor of Ngoma in the Butare prefecture. He has been on trial since june 2001 alongside with five others from that area.
"The military budget, which was formerly one of the lowest in Africa, heavily weighed on the economy starting in this period", explained Rejntyens. The growth of military expenditures also weighed heavily on the command level, he explained, citing the case of sub-lieutenant appointed major in the absence of an officer likely to occupy that position.
"These people were not trained, they were essentially cannon fodder which could not match an excellent infantry which advanced between 30 and 40 kilometres per day with weapons and luggage" he explained.
"The soldiers with permission returned to their premises with their weapons, their ammunition and their grenades", he described it, admitting that that had resulted in many exactions. According to his report, cited by a lawyer, many permissions were "semi-official" and the number of deserters was important.
NEWS
26 September 2007
Posted to the web 27 September 2007
Arusha
The Rwandan army in 1994 was badly organized, badly trained and not really controllable, "they were primarily cannon fodder" affirmed Tuesday the Belgian historian Filip Reyntjens while testifying before the International Criminal Tribunal for Rwanda (ICTR).
This army which counted 8 000 men in 1990, before the attack of the RPF in the north of the country, had 40 000 in 1994; pointed out Filip Reyntjens, an expert witness called to support the defence of Joseph Kanyabashi, the former mayor of Ngoma in the Butare prefecture. He has been on trial since june 2001 alongside with five others from that area.
"The military budget, which was formerly one of the lowest in Africa, heavily weighed on the economy starting in this period", explained Rejntyens. The growth of military expenditures also weighed heavily on the command level, he explained, citing the case of sub-lieutenant appointed major in the absence of an officer likely to occupy that position.
"These people were not trained, they were essentially cannon fodder which could not match an excellent infantry which advanced between 30 and 40 kilometres per day with weapons and luggage" he explained.
"The soldiers with permission returned to their premises with their weapons, their ammunition and their grenades", he described it, admitting that that had resulted in many exactions. According to his report, cited by a lawyer, many permissions were "semi-official" and the number of deserters was important.
Bhutto Commits to Letting IAEA Question AQ Khan
Zee News
26 September 2007
Former Pakistan Prime Minister Benazir Bhutto has said that if returned to power, she would allow UN inspectors but not Western powers to question the father of Pakistan`s nuclear bomb.
Pakistani President Pervez Musharraf`s military regime has refused to grant any access to US officials eager to question nuclear scientist Abdul Qadeer Khan since he admitted to passing atomic secrets to Libya, Iran and North Korea in a televised confession in February 2004.
Khan was pardoned by Musharraf later that month and has lived under virtual house arrest in Islamabad and makes no public appearances.
"He has fallen on his sword and taken the blame," Bhutto said on a visit to Washington as she prepared to head back to Pakistan next month from self-imposed exile in London and Dubai.
"Many Pakistanis are cynical about whether AQ Khan could have done this without any official sanction," she told the Middle East Institute, promising to hold parliamentary hearings on the question if re-elected Prime Minister.
"While we do not agree at this stage to have any Western access to AQ Khan, we do believe that IAEA... would have the right to question AQ Khan," she said, referring to the UN`s International Atomic Energy Agency.
That could help satisfy the world community "that the illegal structure has been broken," said Bhutto, who intends to return home on October 18 with Musharraf battling for his political survival.
26 September 2007
Former Pakistan Prime Minister Benazir Bhutto has said that if returned to power, she would allow UN inspectors but not Western powers to question the father of Pakistan`s nuclear bomb.
Pakistani President Pervez Musharraf`s military regime has refused to grant any access to US officials eager to question nuclear scientist Abdul Qadeer Khan since he admitted to passing atomic secrets to Libya, Iran and North Korea in a televised confession in February 2004.
Khan was pardoned by Musharraf later that month and has lived under virtual house arrest in Islamabad and makes no public appearances.
"He has fallen on his sword and taken the blame," Bhutto said on a visit to Washington as she prepared to head back to Pakistan next month from self-imposed exile in London and Dubai.
"Many Pakistanis are cynical about whether AQ Khan could have done this without any official sanction," she told the Middle East Institute, promising to hold parliamentary hearings on the question if re-elected Prime Minister.
"While we do not agree at this stage to have any Western access to AQ Khan, we do believe that IAEA... would have the right to question AQ Khan," she said, referring to the UN`s International Atomic Energy Agency.
That could help satisfy the world community "that the illegal structure has been broken," said Bhutto, who intends to return home on October 18 with Musharraf battling for his political survival.
26 September, 2007
Basilian: Army Clashes With Militants, Truce at Risk.
MISNA
26 September 2007
Ten militants and two soldiers were killed and 10 soldiers and a civilian wounded in fighting between Philippine regular forces and an armed group over the past days in the southern Basilan Island. The military is investigating the involvement in the fighting of rebels of the MILF (Moro Islamic Liberation Front). “If there are 50 to 80 men involved, then, there's a basis to conclude that there might be other lawless elements involved in the fighting”, explained General Hermogenes Esperon. If the suspicions should be confirmed, the army announced that it will file a complaint against the MILF for violating a truce reached with the government in 2003. The fighting took place just a kilometre from a fortified camp of the Abu Sayyaf Muslim extremist group, attacked on August 19 by regular troops. The peace talks between the government and MILF, promoted by Malaysia since March 2001 for an end to a conflict that since the late 60’s has left 120,000 dead and displaced 2-million, have been stalled since last September. The deadlock in the talks is mainly over the extension and resources of an ancestral domain to be assigned to the over 3-million Muslims in the south, a zone with an Islamic majority in a prevalently Catholic country. The MILF demands the inclusion of over 1,000 villages in the Autonomous Region in Muslim Mindanao (ARMM) made up by six provinces; the government wants to submit the request to a referendum.
26 September 2007
Ten militants and two soldiers were killed and 10 soldiers and a civilian wounded in fighting between Philippine regular forces and an armed group over the past days in the southern Basilan Island. The military is investigating the involvement in the fighting of rebels of the MILF (Moro Islamic Liberation Front). “If there are 50 to 80 men involved, then, there's a basis to conclude that there might be other lawless elements involved in the fighting”, explained General Hermogenes Esperon. If the suspicions should be confirmed, the army announced that it will file a complaint against the MILF for violating a truce reached with the government in 2003. The fighting took place just a kilometre from a fortified camp of the Abu Sayyaf Muslim extremist group, attacked on August 19 by regular troops. The peace talks between the government and MILF, promoted by Malaysia since March 2001 for an end to a conflict that since the late 60’s has left 120,000 dead and displaced 2-million, have been stalled since last September. The deadlock in the talks is mainly over the extension and resources of an ancestral domain to be assigned to the over 3-million Muslims in the south, a zone with an Islamic majority in a prevalently Catholic country. The MILF demands the inclusion of over 1,000 villages in the Autonomous Region in Muslim Mindanao (ARMM) made up by six provinces; the government wants to submit the request to a referendum.
Filip Reyntjens Brings Up The "Syndicates of Informers" In Rwanda.
Hirondelle News Agency
25 September 2007
Filip Reyntjens, a Belgian historian called as an expert witness for the defence before the International Criminal Tribunal for Rwanda (ICTR) brought up the "syndicates of informers" which prevail in Rwanda and the ICTR.
He notably cited a report from the American State Department on the semi-traditional gacaca courts stating that in 2006 "there were constant concerns among the observers and the analysts relating to a great number of people who committed false testimony, in spite of the existence of provisions repressing this practice"
The specialist pointed out that these false witnesses were a "very well-known old phenomenon (...) that everyone recognizes and that worries many people including, I believe, the authorities". "In Rwanda there are false testimonies for the prosecution and the defence" he added, citing another expert witness, French sociologist André Guichaoua.
"Witnesses, he added, know very well what is expected of them, they do not believe in anonymity when prosecutors or investigators listen to them, it is in the presence of Rwandan translators". "In Belgium it is in the presence of Rwandan senior legal police officers that the letters of request are done" testified Reyntjens.
"I know that witnesses are prepared before testifying here", he said. "It is extremely difficult in these circumstances to say something which one knows that the Rwandan authorities do not want it to be known", the historian added. "And I want to insist on the fact that it is a totalitarian authority which exerts a total control on the population and on the territory of Rwanda", Reyntjens stated.
The Belgian political scientist, one of the best Western specialists of Rwanda, was called to the rescue by the defence of the former mayor of Ngoma, in the former prefecture of Butare, Joseph Kanyabashi, on trial alongside five others.
25 September 2007
Filip Reyntjens, a Belgian historian called as an expert witness for the defence before the International Criminal Tribunal for Rwanda (ICTR) brought up the "syndicates of informers" which prevail in Rwanda and the ICTR.
He notably cited a report from the American State Department on the semi-traditional gacaca courts stating that in 2006 "there were constant concerns among the observers and the analysts relating to a great number of people who committed false testimony, in spite of the existence of provisions repressing this practice"
The specialist pointed out that these false witnesses were a "very well-known old phenomenon (...) that everyone recognizes and that worries many people including, I believe, the authorities". "In Rwanda there are false testimonies for the prosecution and the defence" he added, citing another expert witness, French sociologist André Guichaoua.
"Witnesses, he added, know very well what is expected of them, they do not believe in anonymity when prosecutors or investigators listen to them, it is in the presence of Rwandan translators". "In Belgium it is in the presence of Rwandan senior legal police officers that the letters of request are done" testified Reyntjens.
"I know that witnesses are prepared before testifying here", he said. "It is extremely difficult in these circumstances to say something which one knows that the Rwandan authorities do not want it to be known", the historian added. "And I want to insist on the fact that it is a totalitarian authority which exerts a total control on the population and on the territory of Rwanda", Reyntjens stated.
The Belgian political scientist, one of the best Western specialists of Rwanda, was called to the rescue by the defence of the former mayor of Ngoma, in the former prefecture of Butare, Joseph Kanyabashi, on trial alongside five others.
North Kivu: Break in Fighting and First Tolls.
MISNA
26 September 2007
No fighting was reported this morning in the Masisi Territory (North Kivu, north-eastern Democratic Republic of Congo) after two days of clashes between the Congolese regular forces (FARDC) and militants loyal to the pro-Rwandan dissident General Laurent Nkunda in the areas of Ngungu and Karuba. Military sources referred to the local press that 27 rebels have been killed and only four soldiers of the 14th combined brigade of the FARDC wounded in the fighting. The same sources referred that the hills north of Ngungu are under government control. The FARDC chief of staff arrived yesterday in Goma, capital of the North Kivu province, along with Babakar Gaye, commander of the United Nations mission in DR-Congo (MONUC), present in the region with more than 4,000 elements and 15,000 in the country. The military commanders were due to visit Sake, not far from the area of the fighting at the start of the week, which broke a truce reached on September 6. Meanwhile, Nkunda’s men clashed with armed groups in the region, causing tension to remain high. North Kivu’s Governor Julien Paluku on Monday had set a 21-day ultimatum for all rebel forces, including Nkunda’s militants, to lay down their arms, warning that after the indicated period all those who fail to surrender will be considered “enemies of the Republic”.
Editor's Note: During the fighting, the Jomba frontier post was occupied again by the General's men to keep a corridor for arms and RDF reinforcements open. There are also reports of reinforcement pockets hiding out in Virunga Nat. Forest on the Congolese side that can deploy at anytime. A new contingent of MONUC Indian Air Force troops led by Captain NJS Dhillon are set to arrive soon with M-17 and M-24 gunships. MONUC is preparing for their worst case scenario: a full assault towards Goma.
26 September 2007
No fighting was reported this morning in the Masisi Territory (North Kivu, north-eastern Democratic Republic of Congo) after two days of clashes between the Congolese regular forces (FARDC) and militants loyal to the pro-Rwandan dissident General Laurent Nkunda in the areas of Ngungu and Karuba. Military sources referred to the local press that 27 rebels have been killed and only four soldiers of the 14th combined brigade of the FARDC wounded in the fighting. The same sources referred that the hills north of Ngungu are under government control. The FARDC chief of staff arrived yesterday in Goma, capital of the North Kivu province, along with Babakar Gaye, commander of the United Nations mission in DR-Congo (MONUC), present in the region with more than 4,000 elements and 15,000 in the country. The military commanders were due to visit Sake, not far from the area of the fighting at the start of the week, which broke a truce reached on September 6. Meanwhile, Nkunda’s men clashed with armed groups in the region, causing tension to remain high. North Kivu’s Governor Julien Paluku on Monday had set a 21-day ultimatum for all rebel forces, including Nkunda’s militants, to lay down their arms, warning that after the indicated period all those who fail to surrender will be considered “enemies of the Republic”.
Editor's Note: During the fighting, the Jomba frontier post was occupied again by the General's men to keep a corridor for arms and RDF reinforcements open. There are also reports of reinforcement pockets hiding out in Virunga Nat. Forest on the Congolese side that can deploy at anytime. A new contingent of MONUC Indian Air Force troops led by Captain NJS Dhillon are set to arrive soon with M-17 and M-24 gunships. MONUC is preparing for their worst case scenario: a full assault towards Goma.
25 September, 2007
Lake Albert: Shooting Between Ugandans and Congolese
MISNA
25 September 2007
Six people were killed and five wounded in an exchange of fire in the waters of Lake Albert, which marks a part of the border between the Democratic Republic of Congo and Uganda. The spokesman for the MONUC (United Nations Mission in DR-Congo), Michel Bonnardeau, quoted witnesses as saying that the shooting occurred when two Congolese soldiers onboard a vessel refused orders from the Ugandan troops on a patrol boat to hand over their weapons. A higher toll and different version of the incident was reported by the MONUC’s Radio Okapi, referring that at least ten were killed and eight wounded, including civilians. The wounded were transported to a private hospital in Tchomia, 60km from Bunia, on the banks of Lake Albert. A group of legislators and local authorities are headed to Tchomia to investigate the incident.
25 September 2007
Six people were killed and five wounded in an exchange of fire in the waters of Lake Albert, which marks a part of the border between the Democratic Republic of Congo and Uganda. The spokesman for the MONUC (United Nations Mission in DR-Congo), Michel Bonnardeau, quoted witnesses as saying that the shooting occurred when two Congolese soldiers onboard a vessel refused orders from the Ugandan troops on a patrol boat to hand over their weapons. A higher toll and different version of the incident was reported by the MONUC’s Radio Okapi, referring that at least ten were killed and eight wounded, including civilians. The wounded were transported to a private hospital in Tchomia, 60km from Bunia, on the banks of Lake Albert. A group of legislators and local authorities are headed to Tchomia to investigate the incident.
24 September, 2007
North Kivu: Fighting Resumes Around Goma.
MISNA
24 September 2007
Tension escalated in North Kivu, in east Democratic Republic of Congo, where heavy fighting resumed yesterday. Local sources told MISNA that the fighting is still underway this morning in the Rubaya area, along the road that takes from Sake (around 30km west of Goma, provincial capital of North Kivu) to Masisi (north-west of Goma), epicentre of the fighting of the past weeks between Congolese regular forces and militants loyal to the pro-Rwandan dissident general Laurent Nkunda. “It is unclear who is fighting in Rubaya, but up until Saturday in the area there were only Congolese soldiers and Nkunda’s militants”, said a MISNA source from the area, specifying that if the involvement of the army should be confirmed, it would be the first violation of the truce reached on September 6 between Kinshasa and the militants.
The cease-fire had held so far, though Nkunda’s men continued to clash with various pro-Kinshasa armed groups. These groups, mainly the Mayi-Mayi (Congolese partisans active in the time of the DR-Congo conflict and never disarmed), are involved in fighting with Nkunda’s militants reported yesterday in the Kalembe and Kashuga areas, around 80km north of Goma, while tension is high in Mweso and Kitshanga for fear that the fighting spreads further. Local sources also report that the main road of the area of Jomba, a village along the border between DR-Congo and Rwanda, has been blocked since yesterday to impede any movements in or out of the area.
24 September 2007
Tension escalated in North Kivu, in east Democratic Republic of Congo, where heavy fighting resumed yesterday. Local sources told MISNA that the fighting is still underway this morning in the Rubaya area, along the road that takes from Sake (around 30km west of Goma, provincial capital of North Kivu) to Masisi (north-west of Goma), epicentre of the fighting of the past weeks between Congolese regular forces and militants loyal to the pro-Rwandan dissident general Laurent Nkunda. “It is unclear who is fighting in Rubaya, but up until Saturday in the area there were only Congolese soldiers and Nkunda’s militants”, said a MISNA source from the area, specifying that if the involvement of the army should be confirmed, it would be the first violation of the truce reached on September 6 between Kinshasa and the militants.
The cease-fire had held so far, though Nkunda’s men continued to clash with various pro-Kinshasa armed groups. These groups, mainly the Mayi-Mayi (Congolese partisans active in the time of the DR-Congo conflict and never disarmed), are involved in fighting with Nkunda’s militants reported yesterday in the Kalembe and Kashuga areas, around 80km north of Goma, while tension is high in Mweso and Kitshanga for fear that the fighting spreads further. Local sources also report that the main road of the area of Jomba, a village along the border between DR-Congo and Rwanda, has been blocked since yesterday to impede any movements in or out of the area.
North Kivu: Troop Movements Fuel Tensions
MISNA
21 September 2007
“The visit by president Joseph Kabila has brought serenity on the surface, but in fat the atmosphere is not good”, said a missionary source in North Kivu, in northern RD Congo, describing the climate in the area of Goma, even as the cease fire achieved last Septmeber 6 between the regular army (FARDC) and the militias answering to the dissident general Laurent Nkunda has held. “There is much tension throughout the area around Goma. Troop movements are occurring in the Masisi and Rutshuru areas, where both factions are receiving massive reinforcements” said the source. Meanwhile, before leaving Kivu to return to Kinshasa, Joseph Kabila visited the refugee camps just outside Goma where over 50,000 civilians have found shelter after fleeing from the area of Sake (about 30km. from Goma), the epicenter of the fighting for the past few weeks.
21 September 2007
“The visit by president Joseph Kabila has brought serenity on the surface, but in fat the atmosphere is not good”, said a missionary source in North Kivu, in northern RD Congo, describing the climate in the area of Goma, even as the cease fire achieved last Septmeber 6 between the regular army (FARDC) and the militias answering to the dissident general Laurent Nkunda has held. “There is much tension throughout the area around Goma. Troop movements are occurring in the Masisi and Rutshuru areas, where both factions are receiving massive reinforcements” said the source. Meanwhile, before leaving Kivu to return to Kinshasa, Joseph Kabila visited the refugee camps just outside Goma where over 50,000 civilians have found shelter after fleeing from the area of Sake (about 30km. from Goma), the epicenter of the fighting for the past few weeks.
North Kivu: Goma, President Kabila Calls on Rebels to Disarm.
MISNA
20 September 2007
"No one can protect his community. It is the republican and national army that has that task, and therefore we call on all the militia and fighters to integrate into the national armed forces”. This was the message launched by the President of the Democratic Republic of Congo, Joseph Kabila, to the armed groups present in east DR-Congo and particularly to the militants loyal to the pro-Rwandan dissident general Laurent Nkunda, protagonist of various military operations since 2004 in defence, as he claims, of the pro-Rwanda community living in the east of the country. Speaking from Goma, provincial capital of North Kivu and epicentre of fighting over the past weeks between Nkunda’s men and the regular forces, Kabila excluded the possibility of any negotiation, underlining that anyone who refuses to integrate into the army “will be corrected”. “I have come to Goma because the situation in this area concerns me. We are determined to restore peace and stability in the region”, added the DR-Congo President, speaking in Swahili.
20 September 2007
"No one can protect his community. It is the republican and national army that has that task, and therefore we call on all the militia and fighters to integrate into the national armed forces”. This was the message launched by the President of the Democratic Republic of Congo, Joseph Kabila, to the armed groups present in east DR-Congo and particularly to the militants loyal to the pro-Rwandan dissident general Laurent Nkunda, protagonist of various military operations since 2004 in defence, as he claims, of the pro-Rwanda community living in the east of the country. Speaking from Goma, provincial capital of North Kivu and epicentre of fighting over the past weeks between Nkunda’s men and the regular forces, Kabila excluded the possibility of any negotiation, underlining that anyone who refuses to integrate into the army “will be corrected”. “I have come to Goma because the situation in this area concerns me. We are determined to restore peace and stability in the region”, added the DR-Congo President, speaking in Swahili.
Next Consultation in Burundi on Transitional Justice
Hirondelle News Agency
22 September 2007
The general consultation on the creation of mechanisms of transitional justice and a special court in Burundi will take place shortly, affirmed to the Hirondelle agency the President of the Truth and Reconciliation Commission (TRC), Festus Ntanyungu.
"We are in the preparations, I can not give you the precise calendar for the moment, but the opening will take place soon", ensured Ntanyungu. The TRC is planned by the Arusha Agreement of August 2000. It should have theoretically been set up in 2001.
This agreement provides various political and legal measures, and also some relating to reconciliation. Within this framework, an international commission of inquest must inquire and establish the facts, before deciding if these facts fall under the qualification of genocide, war crimes or crimes against humanity. In these cases, the persons deemed responsible will appear before a Special Tribunal (ST). The TRC, as for its part, is charged with qualifying other crimes committed since 1962.
After the visit to Burundi in May of Louise Arbour, UN High Commissioner Human Rights, the consultation of the population had been announced for September. This consultation was also to relate to the opportunity and existence of the ST.
Former Minister for Civil Service, Mr. Ntanyungu was named President of the TRC on 10 August. His Vice-President is Françoise Ngendahayo, former Minister for Human Rights and former collaborator of the registrar of the International Criminal Tribunal for Rwanda (ICTR).
According to the President of the TRC, this delay is not due to the crisis that is taken place at the National Assembly. For Ntanyungu the reason is older. "The problems related to the operations of the TRC are not new because the Arusha Agreement provides that this mechanism was to start the first year of the transition (which started in November 2001)", he said before reminded that the process was to already be functional during the 2005 elections. "Patience is needed, these are problems that have been around for a long time but which are on the way of being solved”, he insisted.
For his part, Jean Marie Ngendahayo, former Foreign Minister and former high ranking executive of the governing party now outgoing, also regrets that the government did not initiate the explanation campaign in time for "very important" aspects which aim at national reconciliation. "The authorities should have adopted a pro-active attitude a long time ago", he underlined during a discussion with the Hirondelle agency.
Since the Arusha Agreement and the ceasefire agreements that led to the 2005 democratic elections, the Burundian authorities posted a rather ambiguous attitude with respect to the existence and the workings of the two mechanisms of transitional justice, rather tending to privilege confession and forgiveness. A position different from that of the UN.
During her visit to Burundi in May, Louise Arbour raised confusion by declaring that "from the point of view of the UN, the existence of the TRC and the ST are no longer a question to discuss", but that consultations were still on going on the interaction between the two. She unambiguously affirmed that "the ST prosecutor must be independent". The genocide, the war crimes and the crimes against humanity being "imprescriptible" crimes, they are consequently "in-eligible for amnesty", she insisted.
22 September 2007
The general consultation on the creation of mechanisms of transitional justice and a special court in Burundi will take place shortly, affirmed to the Hirondelle agency the President of the Truth and Reconciliation Commission (TRC), Festus Ntanyungu.
"We are in the preparations, I can not give you the precise calendar for the moment, but the opening will take place soon", ensured Ntanyungu. The TRC is planned by the Arusha Agreement of August 2000. It should have theoretically been set up in 2001.
This agreement provides various political and legal measures, and also some relating to reconciliation. Within this framework, an international commission of inquest must inquire and establish the facts, before deciding if these facts fall under the qualification of genocide, war crimes or crimes against humanity. In these cases, the persons deemed responsible will appear before a Special Tribunal (ST). The TRC, as for its part, is charged with qualifying other crimes committed since 1962.
After the visit to Burundi in May of Louise Arbour, UN High Commissioner Human Rights, the consultation of the population had been announced for September. This consultation was also to relate to the opportunity and existence of the ST.
Former Minister for Civil Service, Mr. Ntanyungu was named President of the TRC on 10 August. His Vice-President is Françoise Ngendahayo, former Minister for Human Rights and former collaborator of the registrar of the International Criminal Tribunal for Rwanda (ICTR).
According to the President of the TRC, this delay is not due to the crisis that is taken place at the National Assembly. For Ntanyungu the reason is older. "The problems related to the operations of the TRC are not new because the Arusha Agreement provides that this mechanism was to start the first year of the transition (which started in November 2001)", he said before reminded that the process was to already be functional during the 2005 elections. "Patience is needed, these are problems that have been around for a long time but which are on the way of being solved”, he insisted.
For his part, Jean Marie Ngendahayo, former Foreign Minister and former high ranking executive of the governing party now outgoing, also regrets that the government did not initiate the explanation campaign in time for "very important" aspects which aim at national reconciliation. "The authorities should have adopted a pro-active attitude a long time ago", he underlined during a discussion with the Hirondelle agency.
Since the Arusha Agreement and the ceasefire agreements that led to the 2005 democratic elections, the Burundian authorities posted a rather ambiguous attitude with respect to the existence and the workings of the two mechanisms of transitional justice, rather tending to privilege confession and forgiveness. A position different from that of the UN.
During her visit to Burundi in May, Louise Arbour raised confusion by declaring that "from the point of view of the UN, the existence of the TRC and the ST are no longer a question to discuss", but that consultations were still on going on the interaction between the two. She unambiguously affirmed that "the ST prosecutor must be independent". The genocide, the war crimes and the crimes against humanity being "imprescriptible" crimes, they are consequently "in-eligible for amnesty", she insisted.
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